A question from a regular inquisitor regarding the Hazardous Material Regulations (5.17.16):

Good morning.
Question- We generate our own manifest or shipping papers for both hazardous and non hazardous loads.
We produce our own chemicals and ship/carry them to job sites.
That being the case, is the driver/employee required to sign the manifest?

My reply that same day:

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

(1.7.16)  Sometimes it doesn’t take much of a question to get my attention:

Training required to sign shipping manifest for SQG.

My reply that same day:

If your question is if training is required for employees of an SQG who sign the hazardous waste manifest, I will try to answer that below.

The generator of a hazardous waste is responsible for the accurate – and legible – completion of the Uniform Hazardous Waste Manifest. This is true even if your hazardous waste transporter or Treatment Storage or Disposal Facility (TSDF) provides you with a completed manifest for your shipment. The person who signs the manifest as a representative of the Offeror (this could be the generator, the transporter, or a consultant working for either) is liable for false or incorrect information on the manifest. If you are either the generator of the hazardous waste or the offeror of the shipment you must take care to avoid these common problems on the manifest that may lead to violations. (more…)

Here’s a question from a person with years of experience in the hazardous waste industry.  I know because he and I worked together years ago.  His latest question, from July 30th, 2015, is part of an ongoing conversation we’ve been having about the USEPA regulations for a hazardous waste transporter; and in particular, those regulations regarding the handling of hazardous waste in a 10-day transfer facility:

Is it necessary to have a different driver from the same company sign the RCRA Manifest as Transporter 2 when taking possession of it at a transfer facility from the driver who signed as Transporter 1?  I spoke to a lady from the USEPA who said “well sure you want the 2^nd transporter from the same company to sign, how else would you know who was driving” she was not real convincing. I spoke to <<name of state regulatory agency redacted>> and to a guy in <<name of state redacted>> and they both said no just the first driver from one company only needs to sign. If you come across anything please let me know. I will keep talking to people and looking things up. I would really like a concrete answer.

My response just a few hours later (7.30.15):

When in doubt.  Go to the regulations.

III. Instructions for Transporters Item 17. Transporters’ Acknowledgments of Receipt Enter the name of the person accepting the waste on behalf of the first transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt. Only one signature per transportation company is required. Signatures are not required to track the movement of wastes in and out of transfer facilities, unless there is a change of custody between transporters. If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.

Another satisfied, well…not a customer, just an old friend who happens to also be in the hazardous waste transportation and disposal industry.

Hey Dan,

Thanks for the quick help, I really appreciate it. The good news is it sounds like we have been doing it correct to date. It always drives me nuts when I get different answers from people. You are right, when in doubt go to the regs.

Thanks again,

Everybody makes mistakes, right?  But what if those mistakes are made by a generator of hazardous waste on the uniform hazardous waste manifest?  In this article I will explain the regulatory requirements of both the USEPA and the USDOT/PHMSA for correcting mistakes on the uniform hazardous waste manifest (Manifest). (more…)