Q&A: Is HazMat Employee training required to sign the uniform hazardous waste manifest when used for PCB waste?

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The Question (11.21.20):

Subject: DOT training for PCB

Message Body:
Is DOT hazmat training required to sign the hazardous waste manifest when it is used for PCB transportation pursuant to 40 CFR 761.207? I understand it is for RCRA hazardous waste shipments.

My Answer (11.30.20):

I will try to answer your question below.

HazMat Employee training is required for any person with a direct affect on the safe transport of HazMat. This includes preparation, review, and signing / certifying of a hazardous material shipping paper.
A uniform hazardous waste manifest is a type of hazardous material shipping paper.
A hazardous waste subject to the regulations of the USEPA is one type of a hazardous material regulated by USDOT/PHMSA.
USDOT/PHMSA defines a hazardous waste at 49 CFR 171.8 as a material subject to the Hazardous Waste Manifest Requirements of the USEPA at 40 CFR part 262.
The Hazardous Waste Manifest Requirements of 40 CFR part 262 apply solely to a large quantity generator of hazardous waste (LQG) and a small quantity generator of hazardous waste (SQG). A very small quantity generator of hazardous waste (VSQG) – formerly conditionally exempt small quantity generator of hazardous waste (CESQG) – is not subject to 40 CFR part 262.

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The USDOT does not extend applicability to the manifest requirements of 40 CFR 761.207 which is the manifest general requirements for PCB waste.

So…

The use of the uniform hazardous waste manifest alone does not make the shipment subject to the HMR and therefore require HazMat Employee training.

However…

PCB waste may be a HazMat for other reasons:
- It may contain a concentration of PCBs and be transported in a manner that classifies it as a marine pollutant. Generally speaking this would require a concentration of PCBs in solution of 1% or more and the waste must be transported by vessel or in a bulk packaging by highway or rail. Read: What is a marine pollutant?
- It may contain a concentration and weight of PCBs in a single container that classifies it as a RQ of a hazardous substance. In general, this will require a PCB concentration of 20 parts per million or more and a quantity of 1 pound or more in a single package.
So, more information is required before I can fully answer your question. At a minimum I require:
- The concentration of PCB in the – I presume – oil.
- The size and type of packaging.
- The mode of transport.

Regardless, HazMat Employee training is always a good idea!

Please contact me with any other questions.

Daniels Training Services, Inc.

815.821.1550

Read question #3 of RO 14687

No reply.

I did not hear anymore from that questioner. Perhaps my answer was enough? The Hazardous Materials Regulations of USDOT/PHMSA can be difficult to comply with all on their own. If the transportation involves a waste subject to USEPA regulations – or those of your state – it can become even more complicated. Make sure you understand the relationship between the Federal regulations of the USDOT/PHMSA and USEPA when arranging for the off-site transportation of waste.

FAQ: Can the signor of the uniform hazardous waste manifest be held personally liable?

Yes.

I’ll just let that sink in…

Usually it will be the company represented by the signor, i.e., the generator or offeror of the hazardous waste that is subject to enforcement actions. However, in situations of egregious or criminal violations, the signor could be held personally liable.

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Signing the Hazardous Waste Manifest During COVID-19 Pandemic – UPDATED AND REVISED 08.20.20

Handlers of hazardous waste have expressed to USEPA their concern with the customer interaction required to obtain the generator’s signature on the uniform hazardous waste manifest and requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern May 18, 2020 with a memorandum explaining a temporary policy to allow for transporter signature for the generator on the Manifest. This temporary policy was set to expire on August 31, 2020. However, on August 20, 2020 USEPA released another memorandum updating and revising this policy in light of some states experiencing an increase in COVID-19 cases following efforts to reopen.

The purpose of this article is to explain USEPA’s new temporary policy for obtaining the necessary signatures on the uniform hazardous waste manifest during the COVID-19 public health emergency as it was updated and revised by the USEPA memorandum of August 20, 2020.

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Signing the Hazardous Waste Manifest During COVID-19 Pandemic

Sooner or later most generators of hazardous waste must prepare that waste, and offer it, for transportation to an off-site treatment, storage, and disposal facility (TSDF) for final disposal. The off-site transportation of the hazardous waste must be done in compliance with Federal regulations of the U.S. Environmental Protection Agency (USEPA), a state environmental agency if the state has an authorized hazardous waste program, and the Federal regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At a minimum this will require the completion of the Uniform Hazardous Waste Manifest (the Manifest), which must be completed by the generator of the hazardous waste, and signed by both the generator / offeror of the hazardous waste and the initial transporter before it can begin transportation to the designated facility.

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Handlers of hazardous waste have expressed concern with customer interaction to obtain the generator’s signature on the Manifest and have requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern with a memorandum issued May 18, 2020 explaining a temporary policy.

The purpose of this article is to explain USEPA’s temporary policy of May 18, 2020 for obtaining the necessary signatures on the Uniform Hazardous Waste Manifest during the COVID-19 public health emergency.

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Q&A: Is the entire name of the receiving facility required on the uniform hazardous waste manifest?

A question from my website (October 10, 2017):

Do i need to print the entire name of a waste receiving facility as permitted, or can I abbreviate it?

My reply that same day:

Thank you for contacting me. I will try to answer your question below:

The USEPA instructions for completing the Uniform Hazardous Waste Manifest include the following:

Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
Enter the company name and site address of the facility designated to receive the waste listed on this manifest. Also enter the facility’s phone number and the U.S. EPA twelve digit identification number of the facility.

There is nothing that I can find in EPA regulations that prohibits the abbreviation of the designated facility. Nor is it specifically allowed.
USDOT regulations at 49 CFR 172.201(a)(3) prohibit the use of abbreviations in the shipping description unless specifically authorized by regulations. However, the designated facility is not part of the shipping description.
State regulations may be more strict than those of the USEPA and may contain a prohibition on the use of abbreviations, though I doubt it. You may wish to check with the state of both the generator and designated facility.

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In sum: I don’t recommend abbreviating information on the Uniform Hazardous Waste Manifest but cannot find anything in the regulations – either USDOT or USEPA – that specifically prohibits it.

I hope this helps. Please don’t hesitate to contact me with any other questions.

At that seemed to do it because I didn’t hear anymore from him.

While I prefer to give clear answers based on precise language of the regulations, sometimes that isn’t possible. As in this instance, the regulations don’t always address every possible circumstance. In those situations I think it best to be conservative and play it safe.

Distribution of the Uniform Hazardous Waste Manifest in California

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: California!

State regulatory agency:

California Department of Toxic Substance Control (DTSC) within the California Environmental Protection Agency (Cal EPA).

Manifest copy distribution in California:

Note:

Two types of hazardous waste are regulated by DTSC in California:

RCRA hazardous waste is the same as that regulated by USEPA.
Non-RCRA hazardous waste is regulated solely by DTSC and only within California.

Page 1 (top copy): “Designated facility to destination State (if required)”.
- A designated facility within California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
- A designated facility outside of California must submit this copy to its state environmental agency only if it is a RCRA hazardous waste and if required by its (the designated facility’s) state.
Page 2: “Designated facility to generator State (if required)”.
- A designated facility within California is not required to submit this copy to DTSC since it will have submitted page 1.
- A designated facility outside of California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
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

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

Use of the Manifest is required for shipments of both RCRA hazardous waste and non-RCRA hazardous waste.
Use of the Manifest is required for all generators of hazardous waste in California: those that generate more than 1,000 kg (2,200 lb) per month and those that generate up to, but no more than, 1,000 kg (2,200 lb) per month. However, use of the Manifest is not required for a generator of up to, but no more than, 100 kg (220 lb) per month of hazardous waste whose waste is hazardous due solely to the presence of the toxicity characteristic for silver (D001).
The generator must always send a readable and legible copy of the Manifest to DTSC within 30 days of signing if the waste is:
- Generated in California;
- Handled by a permitted facility in California; or is,
- Imported or exported from California.
Generators must mail a readable and legible copy of the Manifest, as required above, to:
- DTSC Generator Manifests / Department of Toxic Substances Control / P.O. Box 400 / Sacramento, CA 95812-0400
Since the Manifest does not include a page for the generator to submit to DTSC the generator must make a copy of the Manifest for this purpose. While it is easiest to make a copy of page 6 (signed by both the generator and the transporter and left with the generator), it may not make a legible copy. It is recommended that the generator make a copy of page 1 of the Manifest before it leaves with the transporter and submit this to DTSC.
TSDF sends copy to DTSC with 30 days of the receipt date to:
- DTSC Facility Manifests / P.O. Box 3000 / Sacramento, CA 95812
A Manifest Correction Letter must be sent to DTSC whenever hazardous waste manifests are submitted containing incorrect or incomplete information. Per California Health and Safety Code, Section 25160.5, DTSC is authorized to charge a $20 manifest correction fee when DTSC discovers the errors and requests a manifest correction letter. DTSC does not charge the fee if the company submits the manifest correction letter before being notified by DTSC of the error. To submit a letter, please provided the manifest corrections on company letterhead, and include the following information:
- The Manifest Tracking Number which includes a unique three-letter suffix preceded by nine numerals which is pre-printed in Item 4 of the manifest.
- The date the generator signed the manifest.
- Generator EPA ID number used on the original manifest, even if it was incorrect.
- The incorrect or incomplete item number from the manifest.
- The corrected information.
- Signature, title, mailing address, and phone number of person submitting the correction.
Send Manifest Correction Letters to:
- DTSC / Generator Information Services Section / Attention: Manifest Corrections / P.O. Box 806 / Sacramento, CA 95812-0806
DTSC follows the Federal rule for the Exception Report. Send Exception Reports to:
- DTSC Report Repository / Generator Information Services Section / P.O. Box 806 / Sacramento, CA 95812-0806
DTSC follows the Federal rule for the Waste Minimization Certification.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

More information:

Distribution of the Uniform Hazardous Waste Manifest in New Jersey

In this article: New Jersey!

State regulatory agency:

New Jersey Department of Environmental Protection (NJ DEP).

Manifest copy distribution in New Jersey:

Page 1 (top copy): “Designated facility to destination State (if required)”. A designated facility in New Jersey is not required to submit this page to the NJ DEP.
Page 2: “Designated facility to generator State (if required)”. A designated facility is not required to submit this copy to the NJ DEP for a generator of hazardous waste located in New Jersey.
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
Though required by some states a New Jersey generator of hazardous waste is not required to mail a copy of the Manifest to the NJ DEP.

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

Use of the Manifest is required for shipments of hazardous waste generated by a large quantity generator (LQG) or small quantity generator (SQG).
NJ DEP follows the Federal rule for the Exception Report.
NJ DEP follows the Federal rule for the Waste Minimization Certification.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

More information:

Waste Management in New Jersey

Q&A: Must entries on the uniform hazardous waste manifest be made from “most hazardous” to “less hazardous”?

A question from a previous customer (I encourage my past customers to contact me anytime with questions that I gladly answer at no charge):

Hi Dan,

I hope all is well! I have a quick question regarding manifest line item ordering. I seem to remember we talked about this when you did the training here some time back. But it’s come up again and I think old thinking may have crept in.

My transportation folks are telling me that when ordering the line items on a manifest, not only must the hazardous (RCRA) come BEFORE the nonDOT (nonRCRA) [which I agree with, unless one is using one of the other methods of making it stand out as described in 49 CFR]…. But they are also telling me that we must further order them in order by hazard class (more hazardous coming before less hazardous classes). I can find this nowhere in our training, in 49 CFR 172.201, in any of the PSHMA interpretation letters or when I try searching various terms in a general Google search.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Can you confirm for me? Is there such are a requirement to list line items in order of DOT hazard class or is it simply that one should put RCRA waste first, nonRCRA next and non haz last. But the order of various RCRA wastes do not have to be specifically ordered by hazard class?

I would be forever in your debt (as always).

My reply that same day:

You are correct. While USDOT/PHMSA requires the shipper to make the HazMat distinct and separate from the non-HazMat on the shipping paper (read: How to distinguish HazMat from non-HazMat on the shipping paper) there is no requirement to list hazardous materials in any particular order. The suggestion of your last paragraph will suffice.

Also, the hazard classes used by USDOT/PHMSA to characterize hazardous materials are not a reflection of how hazardous they are. In other words, a compressed gas of hazard class 2 is not more dangerous than a flammable liquid of hazard class 3. The best indication of the degree of danger of a HazMat is indicated by its Packing Group, but even this can not be applied in this manner as some HazMat do not have a Packing Group and for those that do the it solely indicates the degree of danger within the hazard class and is not to be used for comparison between hazard classes. In short: It is impossible to rank hazardous materials from more hazardous to less hazardous.

Interested in site specific training at your site that covers this topic, and more!

Ask me about my Onsite Training

Please contact me if you have any other questions.

Distribution of the Uniform Hazardous Waste Manifest in Ohio

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.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Use and Distribution of the Uniform Hazardous Waste Manifest

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.

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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.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

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.

Alabama	Alaska	American Samoa	Arizona	Arkansas	California
Colorado	Connecticut	Delaware	District of Columbia	Florida	Georgia
Guam	Hawaii	Idaho	Illinois	Indiana	Iowa
Kansas	Kentucky	Louisiana	Maine	Maryland	Massachusetts
Michigan	Minnesota	Mississippi	Missiouri	Montana	Nebraska
Nevada	New Hampshire	New Jersey	New Mexico	New York	North Carolina
North Dakota	Northern Mariana Islands	Ohio	Oklahoma	Oregon	Pennsylvania
Puerto Rico	Rhode Island	South Carolina	South Dakota	Tennesse	Texas
U.S. Virgin Islands	Utah	Vermont	Virginia	Washington	West Virginia
Wisconsin	Wyoming

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.

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