In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest).  Read: Use and Distribution of the Uniform Hazardous Waste Manifest.  That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA).  In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest.  Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.

In this article:  Ohio!

State regulatory agency:

Ohio Environmental Protection Agency (Ohio EPA).

Manifest copy distribution in Ohio:

• Page 1 (top copy): “Designated facility to destination State (if required)”.
• Page 2: “Designated facility to generator State (if required)”.
• Page 3: “Designated facility to generator”.
• Page 4: “Designated Facility’s copy”.
• Page 5: “Transporter’s copy”.
• Page 6 (bottom copy): “Generator’s initial copy”

State requirements to modify the EPA-required manifest copy distribution outlined above:

None.  The Ohio EPA does not require the designated facility to submit copies to it no matter if the designated facility is within Ohio (page 1) or out-of-state (page 2).  Pages 1 and 2 are not required to be used by either EPA or Ohio EPA and therefore will likely be retained or destroyed by the designated facility.

Additional state requirements for the management of the uniform hazardous waste manifest:

None.  Ohio EPA follows the Federal rule for the Exception Report.  And, Ohio EPA also follows the Federal rule for the Waste Minimization Certification.

Most generators of hazardous waste are required to use the uniform hazardous waste manifest (Manifest) for the off-site transport of their hazardous waste. In practice, though, all generators will use the manifest when offering their hazardous waste for off-site transportation to its final treatment, storage, or disposal.

• Large quantity generator of hazardous waste (LQG) – required to use the Manifest per 40 CFR 262, subpart B.
• Small quantity generator of hazardous waste (SQG) – required to use the Manifest per 40 CFR 262, subpart B.
• Very small quantity generator of hazardous waste (VSQG)** – not required to use the Manifest per 40 CFR 262, subpart B but its use will likely be mandated by the hazardous waste transporter or TSDF – or your state.

**Note:  the name of the conditionally exempt small quantity generator (CESQG) was changed to the very small quantity generator (VSQG) by the Generator Improvements Rule.

In addition, the Manifest must also be used for the transportation of the following wastes:

• PCB waste.  Read:  Use of the Uniform Hazardous Waste Manifest for Shipments of PCB Waste.
• State-specific waste (if any).

The Manifest is made up of the two following documents:

• EPA Form 8700-22 – uniform hazardous waste manifest
• EPA Form 8700-22A – continuation sheet (used if necessary)

Use of the uniform hazardous waste manifest has been mandated nationwide – as opposed to the use of state-specific hazardous waste manifests – since September 6, 2006.

Use of the Manifest is subject to the Federal regulations of the U.S. Environmental Protection Agency (EPA) at 40 CFR 262, subpart B and those of your state if it has an authorized hazardous waste program.

The responsibilities of the hazardous waste generator regarding the Manifest include – but are not limited to – the following:

• Obtain the manifest from a registered printer meeting the requirements of 40 CFR 262.21. 
• Prepare the manifest.
• Sign the manifest by hand.
• Obtain the handwritten signature of the transporter and the date of acceptance.
• Retain one copy.  Page 6 “Generator’s initial copy”
• Give the remaining pages to the transporter.
• Conduct exception reporting as required by 40 CFR 262.42 if it does not receive page 3 “Designated facility to generator” within the prescribed time frame.  Read: What is the Exception Report?
• Maintain a copy of the Manifest as a record.  Read:  Recordkeeping Requirements for the Uniform Hazardous Waste Manifest.

Interestingly, EPA regulations at 40 CFR 262.22 do not specify the number of copies of the manifest that are required.  Instead, it reads:

The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.

However, 40 CFR 262.21(f)(5) requires the manifest to be printed as six-copy forms.

Knowing the required distribution of the Manifest is of critical importance to a hazardous waste generator.  Helpfully, an indication of the required distribution of the manifest is displayed on each page as indicated below.

The required distribution as printed on the Manifest is identified below:

• Page 1 (top copy): “Designated facility to destination State (if required)”
• Page 2: “Designated facility to generator State (if required)”
• Page 3: “Designated facility to generator”
• Page 4: “Designated facility’s copy”
• Page 5: “Transporter’s copy”
• Page 6 (bottom copy): “Generator’s initial copy”

Note:

• “Designated facility” refers to the permitted Treatment, Storage, or Disposal Facility (TSDF) identified as the primary destination for the hazardous waste on the Manifest.
• “Destination state” is the state where the TSDF is located.
• Some states – but not all – require the TSDFs within their jurisdiction to submit to them a copy of the Manifest.
• Some states – but not all – require an out-of-state TSDF to submit to them a copy of the Manifest.  It will be up to the generator to ensure this is done.
• “Generator” is the hazardous waste generator
• “Generator state” is the state where the generator is located.
• Pages 1-5 will – upon TSDF acceptance – will have at least three signatures (that of the generator, the transporter, and the designated facility).  It may have more if more than one transporter is involved.  These copies are sometimes known as the “TSDF Manifest”.
• Page 6 will have two signatures (that of the generator and the initial transporter).  It is sometimes known as the “Generator Manifest”.

Also, not accounted for here are the regulations of the states that require the generator submit to them a copy of the manifest within a specified time frame.  You can view the manifest distribution requirements of specific states by clicking on the links below.

If a link is not active it is because I have not yet researched the requirements of that state.  Please contact me regarding this and I will be glad to conduct the research and update my information.

The Uniform Hazardous Waste Manifest is the sole document that tracks a hazardous waste from “cradle-to-grave”.  Make certain yours is completed and distributed correctly.

It is the area, or areas, at the facility of a hazardous waste generator where hazardous waste accumulates if it meets the conditions for the accumulation of hazardous waste.

It is defined at 40 CFR 260.10 in the regulations of the US Environmental Protection Agency (EPA):

Central accumulation area means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either §262.16 (for small quantity generators) or §262.17 of this chapter (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR part 262 subpart K is also subject to §262.211 when accumulating unwanted material and/or hazardous waste.

Please note the following about this term:

• Its place in §260.10 is relatively new, only since May 30, 2017 when the Generator Improvements Rule went into effect.
• The term was defined by EPA only as a matter of convenience.
• The addition of the term does not establish any new regulatory standards or burden on generators.
• Terms used in the past to refer to hazardous waste accumulation areas include:
  • “Generator accumulation area”
  • “Less-than-180-day area” for a small quantity generator (SQG)
  • “Less-than-90-day area” for large quantity generator (LQG)
• The term “central accumulation area” was first defined at 40 CFR part 262, subpart K in December 0f 2008 to differentiate CAAs from satellite accumulation areas and laboratories in those regulations only.  Since that time it has become more widely used leading EPA to include it with its general definitions.
• The definition of “central accumulation area” was removed from 40 CFR 262, subpart K by the Generator Improvements Rule.
• A generator may have more than one central accumulation area (CAA) at their site.
• The use of the word “central” does not denote a physical location nor indicate the generator must establish the CAA in a centrally located area within the site.
• The CAA(s) can be in any location at the facility of either an SQG or LQG.

The Generator Improvements Rule includes over sixty (60) changes to the regulations of the U.S. Environmental Protection Agency (EPA) applicable to generators of hazardous waste.  The regulations created by the Generator Improvements Rule went into effect on May 30, 2017 at the Federal level; the status of these new regulations in your state may vary.  Read:  What is the Status of the Generator Improvements Rule in my State?

Among its new regulations (found at 40 CFR 262, Subpart L) is an allowance for some hazardous waste generators to temporarily exceed the hazardous waste generation limits of their status without a change to their generator status.

The purpose of this article is to describe how the new regulations may be used during an episodic event of hazardous waste generation at a small quantity generator of hazardous waste (SQG).

In a separate article I addressed the regulations for an episodic hazardous waste event at a very small quantity generator (VSQG). (more…)

EPA regulations at 40 CFR 265.17 contain the General Requirements for Ignitable, Reactive, or Incompatible Wastes.  They may apply to both generators of hazardous waste (large quantity generators and small quantity generators) and to hazardous waste Treatment, Storage, and Disposal Facilities (TSDFs).

40 CFR 265.17(b) reads:

(b) Where specifically required by other sections of this part, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility containing the waste; or

(5) Through other like means threaten human health or the environment.

This regulation is used as a means to permit the management of incompatible wastes – or incompatible waste/material combinations – when not allowed by EPA regulation as long as the responsible party is able to ensure the above conditions will be met.

An example of its use is found in the regulations applicable to a small quantity generator of hazardous waste (SQG) at 40 CFR 262.16(b)(2)(v):

(v) Special conditions for accumulation of incompatible wastes. (A) Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless §265.17(b) of this chapter is complied with.

(B) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless §265.17(b) of this chapter is complied with.

Emphasis added

In sum:

Don’t blow yourself up when managing incompatible wastes.

More Information:

• Appendix V to Part 265 – Examples of Potentially Incompatible Waste

The Generator Improvements Rule includes over sixty (60) changes to the regulations of the U.S. Environmental Protection Agency (EPA) applicable to generators of hazardous waste.  The regulations created by the Generator Improvements Rule went into effect on May 30, 2017 at the Federal level; the status of these new regulations in your state may vary.  Read:  What is the Status of the Generator Improvements Rule in my State?

Among its new regulations (found at 40 CFR 262, Subpart L) is an allowance for some hazardous waste generators to temporarily exceed the hazardous waste generation limits of their status without a change to their generator status.

The purpose of this article is to describe how the new regulations may be used during an episodic event of hazardous waste generation at a very small quantity generator of hazardous waste (VSQG). (more…)

The Generator Improvements Rule created new regulations at 40 CFR 262, subpart L known as Alternative Standards for Episodic Generation.  These new regulations allow very small quantity generators of hazardous waste (VSQG) and small quantity generators of hazardous waste (SQG) to periodically exceed the thresholds for hazardous waste generation of their status (100 kg/mo and 1,000 kg/mo, respectively) without a change to their generator status.

In earlier articles I identified and explained the requirements for compliance with these new regulations for each applicable generator status.

• Read: Requirements for Episodic Generation of Hazardous Waste at a Very Small Quantity Generator
• Read: Requirements for Episodic Generation of Hazardous Waste at a Small Quantity Generator

Both a VSQG and SQG are limited to one episodic event per calendar year, unless a petition is granted by EPA under 40 CFR 262.233.

The purpose of this article is to explain the requirements of 40 CFR 262.233 for a very small quantity generator and a small quantity generator of hazardous waste to petition the EPA for one additional episodic event in a calendar year. (more…)

The Generator Improvements Rule contains a new less strict regulation at 40 CFR 262, Subpart L that allows a very small quantity generator of hazardous waste (VSQG) and a small quantity generator of hazardous waste (SQG) to temporarily exceed their generator accumulation thresholds (100 kg/mo and 1,000 kg/mo, respectively) if the alternative standards for episodic generation are met.

• Read:  Requirements for Episodic Generation of Hazardous Waste at a Very Small Quantity Generator
• Read:  Requirements for Episodic Generation of Hazardous Waste at a Small Quantity Generator

Both VSQG or SQG are required to notify the EPA if they wish to manage their waste under this new regulation.  The purpose of this article is to explain the notification requirements of 40 CFR 262.232 for the notification of the EPA by a VSQG or SQG. (more…)

A generator that accumulates hazardous waste on-site in a tank (read: What is a hazardous waste tank?) must comply with regulations applicable to their generator status.

• A large quantity generator (LQG) must manage its hazardous waste tank in compliance with 40 CFR 265, subpart J.
• A small quantity generator (SQG) must manage its hazardous waste tank in compliance with 40 CFR 262.17(b)(3).  Prior to May 30, 2017 and the implementation of the Generator Improvements Rule these regulations were found at 40 CFR 265.201.

Both of the above regulations require the generator to conduct inspections of various parts of the tank system at one of two frequencies: “at least weekly” or, “at least once each operating day”.

While, “at least weekly” has been widely – though not universally – interpreted to mean one inspection every seven (7) days, and “at least once…” is clear, what is meant by “…each operating day”?

EPA has clarified that “each operating day” has been defined as “every day the tank is in operation (i.e., storing or treating
hazardous waste) and not necessarily just on days the facility is open for business.”

The above is from the EPA document: Introduction to Tanks

By this EPA interpretation, every day hazardous waste is present in a tank is an “operating day”.  This would include weekends and holidays even when the facility is not in operation.

Federal and state hazardous waste regulations frequently refer to a “designated facility”.  This term is especially important in understanding the regulations for the use of the uniform hazardous waste manifest at 40 CFR 262, subpart B.

Designated facility is defined at 40 CFR 260.10.

Designated facility means:

(1) A hazardous waste treatment, storage, or disposal facility which:

(i) Has received a permit (or interim status) in accordance with the requirements of parts 270 and 124 of this chapter;

(ii) Has received a permit (or interim status) from a State authorized in accordance with part 271 of this chapter; or

(iii) Is regulated under §261.6(c)(2) or subpart F of part 266 of this chapter; and

(iv) That has been designated on the manifest by the generator pursuant to §262.20.

(2) Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with §264.72(f) or §265.72(f) of this chapter.

(3) If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.

So, that means a designated facility is one of the following:

• A treatment, storage, or disposal facility (TSDF) for hazardous waste designated as such on the uniform hazardous waste manifest by the generator that is permitted by both EPA and a state with an authorized hazardous waste program.  Or, a TSDF (also designated by the generator on the manifest) that recycles recyclable materials without prior storage per 40 CFR 261.6(c)(2).  Or, a TSDF (also designated by the generator on the manifest) that recovers precious metals from recyclable materials per 40 CFR 266, subpart F.

Or…

• A generator of hazardous waste designated on the uniform hazardous waste manifest to receive its own hazardous waste back as a rejected shipment from a TSDF.

Or…

• A facility accepting hazardous waste in an authorized state that does not regulate that particular waste as hazardous (e.g. used oil generated in California is a hazardous waste.  It is not a hazardous waste in other states).  The facility must be allowed by its state to accept such waste.