A question (01.03.18):

Daniel;

I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?

My answer that same day:

I will do my best to answer your question below.

• If the waste is from a domestic sewage wastewater treatment plant it likely will not be a RCRA hazardous waste per USEPA regulations. However, the generator of the waste must complete a hazardous waste determination.
• It may be a non-RCRA hazardous waste in California. i.e., an appendix X listed non-RCRA Haz Waste.
• It may be regulated as a Division 6.2 Infectious Substance according to USDOT/PHMSA Hazardous Materials Regulations if it is known or reasonably expected to contain a pathogen (49 CFR 173.134). However, pursuant to 49 CFR 173.134(b)(13)(ii), sanitary sewage or sludge is excepted from regulation as a Division 6.2 Infectious Substance (LOI 16-0019).
• As a government entity you are subject to the Government Employee Exemption from USDOT regulations.
• The transport in a tank truck will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
• It’s handling may be subject to Health Department regulations.

In sum:

• Human waste is not a USEPA hazardous waste though it may be subject to California’s more strict regulations as a non-RCRA hazardous waste.
• Its transportation is not subject to the USDOT/PHMSA HMR when transported, and therefore no placards are required.
• Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.

I hope this helps.

Please contact me with any other questions.

Conclusion:

That did it! The regulations for the cradle-to-grave management of hazardous waste are more stringent in their application and more broad in their scope than are the regulations of USEPA or any other state. If you generate, transport, or manage hazardous waste in California – this includes both RCRA hazardous waste and non-RCRA hazardous waste – you must comply with the regulations of the Department of Toxic Substances Control (DTSC) and your Certified Unified Program Agency (CUPA).

An  interesting  question from California (that matters) on January 3, 2018:

Daniel;

I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?

My reply that same day:

I will do my best to answer your question below.

Like most states, California is authorized to manage the regulations promulgated under the Resource Conservation and Recovery Act (RCRA) by the U.S. Environmental Protection Agency (EPA) within California.  The California Environmental Protection Agency (CalEPA) is the responsible for implementing the state RCRA program.  One of the six boards and departments within CalEPA is the Department of Toxic Substances Control (DTSC).  It is the DTSC that creates and enforces state regulations for the management of waste within California.

As a RCRA-authorized state program, DTSC can make its regulations more stringent and more broad than those of the federal EPA, and it has done this.  One of the many ways DTSC regulations are more broad than EPA is in its identification of a hazardous waste.  In addition to EPA’s regulated hazardous waste (known as RCRA hazardous waste in California) California has its own state-specific hazardous waste (known in California as non-RCRA hazardous waste).

A waste generator in California must assume any waste not subject to regulation as a RCRA hazardous waste is managed as a non-RCRA hazardous waste unless it has evidence to prove otherwise.  One of very few exceptions to this rule is universal waste.  In DTSC regulations – found in both the Health and Safety Code and the California Code of Regulations – the term hazardous waste is used to encompass both RCRA hazardous waste (federal regulations) and non-RCRA hazardous waste (California only).

DTSC regulations require all hazardous waste generators (DTSC does not recognize VSQG status as EPA does) to use the uniform hazardous waste manifest for off-site shipments of all hazardous waste.

According to the DTSC website, below are common errors to avoid when completing manifest forms:

1. Incorrect, invalid or inactive generator ID number.
   • All California hazardous waste generators must have an identification number.
   • Those that generate more than 100 kg/mo of RCRA hazardous waste must have a federal EPA identification number.
   • Those that generate less than 100 kg/mo RCRA hazardous waste or only non-RCRA hazardous waste of any quantity must have a California identification number.
   • Both identification numbers must be obtained through application to DTSC.
2. Incorrect, invalid or inactive transporter ID number.
   • A California transporter of hazardous waste (RCRA or non-RCRA) must have an identification number.
   • Those that will transport RCRA hazardous waste must have a federal EPA identification number.
   • Those that will transport only non-RCRA hazardous waste must have a California identification number.
   • Both identification numbers must be obtained through application to DTSC.
     

     Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste in California Daniels Training Services, Inc. 815.821.1550 Info@DanielsTraining.com https://dev.danielstraining.com/

3. Failure to verify ALL information on a pre-printed manifest at shipment.
   • Both EPA and DTSC regulations require the generator / offeror of the hazardous waste to certify compliance with all regulatory requirements when signing the uniform hazardous waste manifest (this applies to the e-Manifest as well).
   • The regulations of the U.S. Department of Transportation (DOT) apply to all shipments of RCRA hazardous waste and to some non-RCRA hazardous waste.  DOT regulations also require a certification of compliance by the shipper of the hazardous waste.  In most cases this will be the generator / offeror.
   • Presented with a pre-printed manifest a representative of the generator / offeror / shipper may rely too much on the person who created the manifest – the hazardous waste transporter? a broker? some other representative of the generator? – instead of conducting a careful review prior to signing.  I have found many errors on pre-printed shipping papers.
4. Failure to delete entire pre-printed information for waste not shipped.
   • If a particular wastestream displayed on the pre-printed manifest is not to be offered for transportation it should be deleted in such a way as to make it clear it is not part of the consignment.
   • It is not enough to leave items 10-13 of the manifest blank.
5. Incorrect or incomplete container, total quantity and/or unit weight information.
   • The requirements for completing items 10 Number & Type of Containers, 11 Total Quantity, and 12 Unit of Measure are precise and specific.  There is no room for interpretation.
   • Instructions for completing the uniform hazardous waste manifest are printed on its back.  These instructions include specified container type abbreviation codes and unit of measure types and codes required for use.
6. Incorrect or incomplete waste codes.
   • Item 13 contains space for up to six (6) federal and state waste codes.
   • A three digit California waste code must be entered in one of the six spaces.
   • A California waste codes is required for all hazardous waste (RCRA or non-RCRA).
   • The other five spaces may be used for any remaining EPA waste code(s).
   • A generator is not required to enter more than six waste codes on the uniform hazardous waste manifest.
7. Failure to sign and/or date the manifest.
   • A representative of the generator / offeror / shipper must sign by hand and indicate the date of signing in Item 15 of the uniform hazardous waste manifest.
   • The signor must have first-hand knowledge of the waste to be shipped and its preparation for transportation.
   • The signor does not have to be an officer of high-ranking manager of the generator / offeror / shipper.
8. Incorrect or incomplete dates; past dates or future dates.
   • Not quite certain what is meant by this.  Just be sure to check all those dates and have a calendar with you at signing.
9. Transporter 1 signs in transporter 2 signature line.
   • Representative of generator / offeror / shipper should observe this if present during signing process.
     

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10. Failure to submit a legible copy.
    • Per state statutes at Health & Safety Code 25160(b)(2)(C), the generator / offeror must submit a legible copy of the manifest (best if it is a photocopy of the first page) to DTSC within 30 days of the date of transport.
    • In lieu of submitting manifest copies, generator / offeror may submit an electronic report per HSC 25160.3.
    • This requirement remains unless the entire waste shipment utilizes the e-Manifest System.
11. The generator fails to submit an Exception Report to DTSC, when a signed facility copy is not received by the generator within 45 days of the date the waste was accepted by the designated facility.
    • Generator / offeror is responsible for ensuring it receives a signed copy of the uniform hazardous waste manifest from the designated facility with 45 days of the date of transport.
    • Date of transport is the date the manifest was signed by the initial transporter (Transporter 1)
    • If using the old (pre June 30, 2018) 6-copy paper uniform hazardous waste manifest, this will be copy #3.
    • If using the new 5-copy paper uniform hazardous waste manifest, this will be copy #2.
    • However, the regulations of the EPA for the e-Manifest System do not require the designated facility to submit paper copies back to the generator / offeror.  Their upload to the e-Manifest System by the designated facility fulfills this regulatory responsibility.
    • A generator/ offeror that is a registered user of the e-Manifest System is able to view manifests once uploaded to the e-Manifest System and thereby confirm their acceptance by the designated facility.
    • A generator / offeror that wishes to ensure it receives signed copies of the paper uniform hazardous waste manifest must make arrangements with the designated facility.

Hazardous Waste Manifest Information in California

Learn about the Hazardous Waste Electronic Manifest System (e-Manifest)

Make certain only those employees who have received both DOT HazMat Employee training and EPA/DTSC Hazardous Waste Personnel training are allowed to prepare, review, and/or sign the uniform hazardous waste manifest.

The answer is yes. If they fail the aquatic toxicity test.

Below is the text from the FAQ page of the California Department of Toxic Substances Control (DTSC):

I’ve heard that California’s fish bioassay test doesn’t apply to soaps, detergents or other wastes that contain ‘surfactants’.

There is no waiver or exclusion from the aquatic toxicity testing requirement, nor is there any rule or regulation that allows a generator to ignore a result obtained from performing the aquatic fish bioassay test. If you have aquatic toxicity test results from your waste detergent or soap that shows an acute aquatic 96-hour LC 50 less than 500 milligrams per liter then the waste is determined to be hazardous and should be managed according to all applicable hazardous waste requirements.

DTSC is aware that confusing and conflicting information has been reported about California’s aquatic toxicity test. Some claims have been made that running the aquatic toxicity test on soaps and detergents doesn’t truly measure “toxicity”, but simply results in suffocating or killing the test fish due to physiological effects not related to toxicity. DTSC does not agree with these claims, and continues to apply and abide by this mandated test procedure. The mechanisms of toxicity of many surfactants are not significantly different from those found with other surface-acting toxicants such as copper and acrylamide. The acute aquatic bioassay test does not distinguish fish mortality resulting from a toxic effect of one or more surfactants from those resulting from another ingredient in a product. Therefore, DTSC continues to apply and requires compliance with the aquatic toxicity test procedure as set forth in regulation.

And here’s a screen shot of the question on the DTSC website:

It should come as no surprise that the state regulations of California for the cradle-to-grave management of hazardous waste are more broad and more stringent than the Federal rule.  The California regulations are so broad in their definition of hazardous waste that most materials discarded (including soaps and detergents) will be a non-RCRA hazardous waste unless the generator of the waste is able to prove otherwise.  A non-RCRA hazardous waste is regulated as a hazardous waste only within California.  (The other category of hazardous waste in California – RCRA hazardous waste – is either listed as a hazardous waste or displays a hazardous waste characteristic per the Federal regulations and so is a hazardous waste both within and without California.)

If your state has an authorized hazardous waste program – and most of them do – then the standard format RCRA training won’t do.  You must have training that covers the Federal regulations and those of your state.  For that you require my Onsite Training or my Webinar Training, both of which can be tailored to the Federal and state regulations that apply to the waste you generate at your facility.

While you’re at it throw in my HazMat Employee training required by the USDOT/PHMSA to ensure everyone has the training they need to safely manage hazardous waste from cradle-to-grave.