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:

• 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.

More information:

• Accumulation Time Limits for Hazardous Waste Generators in California
• What is acute aquatic toxicity in California?
• Are soaps and detergents a non-RCRA hazardous waste in California?
• Two Exemptions From Universal Waste Regulations in California
• Banned From Landfill Disposal in California
• The Marking of a Hazardous Waste Container 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:  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.

More information:

• Waste Management in New Jersey

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.

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.

Please contact me if you have any other questions.

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.