Hazardous Waste Manifest Changes Fact Sheet
The Department of Toxic Substances Control (DTSC) prepared this fact sheet to assist California’s 120,000 hazardous waste generators, 850 transporters, and 100 destination facilities in making the September 5, 2006, switch from the previously used California hazardous waste manifest to the new uniform federal manifest. Each year in California, half-a-million manifests are used to ship 3 million tons of hazardous waste. Federal and State law require generators, transporters and facilities and regulatory agencies to track this waste from its origin, the “cradle,” to its final disposition, the “grave.” The U.S. Environmental Protection Agency (U.S. EPA) developed a new manifest for use throughout the country, without state alteration. California adopted these new regulations on August 24, 2006.
This fact sheet presents the major changes expected and planned for. Other resources about the existing hazardous waste management processes can be found at the end of this fact sheet, including a key document, the Supplemental California Manifest Instructions. Those instructions contain the California waste codes, still required to be used.
As of September 5, 2006, hazardous waste may not be shipped using the multicolored California manifest form. Instead, the U.S. EPA’s new uniform manifest is required to be used.
New manifest must be purchased from a vendor approved by U.S. EPA, and only from those vendors. The State no longer sells manifests. We encourage manifest purchasers to shop for vendors as you would in any other business transaction – printers offer packets of various numbers of manifests, and at different pricing and other arrangements (such as shipping) .
One big change manifest users will notice immediately is that the new six-part form no longer has color-coded pages. In addition, you will have to adjust your processes to ensure that you mail a copy of your generator-copy of the manifest to DTSC. Other changes to note are:
All pages of the manifest form are white now; you will have to read the lower right corner to determine which page goes to what entity. You will have to learn how to handle rejected loads, which now generally have to be remanifested. You may have to use new container labels, also available from commercial vendors. (But you can use up the labels you have as long as there is a space for your EPA identification number.)
Treatment, storage, and disposal facilities will use different handling codes, now called hazardous waste report management method codes, to describe their handling of the waste.
On the positive side, if you ship hazardous waste out of California, you will not have to deal with multiple versions of the manifest form. The form makes it easy to see who is responsible for filling out each manifest section (look along the left margin). Another change to the system involves creating a first-ever DTSC repository for generator exception reports and facility reports of significant discrepancies and unmanifested waste. In creating a single manifest, one which States may not alter or change, U.S. EPA took an important step toward creating a system in which you will be able to file hazardous waste manifests electronically in the future.
Exemptions: You should know that certain laws remain in place that could exempt your waste from manifest requirements. Briefly, those include:
Universal waste shipments (see the Universal Waste page on DTSC’s website)
Some photographic and silver only waste (see DTSC’s Medical, Dental, and Veterinary Offices fact sheet)
Some wastes that you self-transport (50 pounds or five gallons per trip, more volume if to certain household hazardous waste facilities).
Generators using a consolidated transporter will continue to receive a receipt from the transporter, although the manifest tracking number will be longer (12 alpha-numeric, versus eight numbers). You will not have to buy or use the new manifest if you use a consolidated manifest. If a treatment, storage, and disposal facility rejects a load of consolidated waste, the transporter is responsible for re-manifesting it to another facility and may not hold it at their facility for more than 10 days.
DTSC adopted these changes to its regulations incorporating the new federal requirements and changes in law. We established a new Manifest Information Web page on the DTSC web page and will continue to update information dedicated to manifesting requirements.
DTSC is already finding several common manifest mistakes that you will find toward the end of this fact sheet.
What the New Manifest Means to You as a Generator Remember, you must purchase manifests from an U.S. EPA-approved printer and distributor
You must still ensure that you use a transporter registered to haul hazardous waste and you still have to ship the waste to a facility permitted (or authorized in the case of asbestos or out-of-state facilities) to accept it. All other requirements not mentioned in this fact sheet remain in effect. To recap those requirements, covered more specifically elsewhere: •
You must retain the Generator Copy of the manifest until you receive the Signed Copy Returned from the designated (receiving) facility, and you must retain that copy for three years (longer if you have an enforcement action pending against you).
You have to mail a copy of the manifest signed by the generator and first transporter to DTSC within 30 days. You have to make that copy yourself. If you don’t receive the Signed Copy Returned by the facility within 35 days, you have to contact the transporter and the facility to attempt to locate the shipment.
You must send a manifest exception report to DTSC if you still have not located the shipment within these time frames: o
45 days for large quantity generators (more than 1,000 kilograms per month or 6,000 kilograms on site at any one time).
60 days for smaller generators and 90 days if the transportation was by water or the waste was exported.
You will find the following changes on the manifest form (Item by Item):
Item 3 – Emergency Response Phone: This is your number or the number of someone who knows about the shipment, and the emergency response or spill cleanup information about the waste. You or your designee must be accessible on this phone number 24 hours a day while the waste is being transported, including stops and transportationrelated storage. This ensures that emergency responders have all of the information they need, when they need it, to keep environmental damage from a spill at a minimum.
Item 5 – Generator Addresses: In addition to your mailing address, you must list your site address, when it is different. For large companies with one mailing address for many sites, this change allows easy verification of the site source. The identification number listed in Item 1 should match the number issued to the site address.
Item 7 – Transporter 2 Company. This item is only to be used when a separate company takes custody of the waste. The same company must not be listed twice for a shipment unless a different company transported it in between.
Item 9b – U.S. DOT Description: Enter the U.S. DOT proper shipping name. If you need more space to provide information that describes the waste, use Item 27 of the continuation sheet. And if certain wastes require a different emergency contact (other than the one in Item 3), put that information in Item 9b after the shipping descriptions for those wastes.
Item 10 – Containers. The manifest allows a new container type HG– for hopper or gondola car (the kind that opens on the bottom, used most often for soil, sand, and similar solid substances). Item 11 – Total Weight. You should use the most accurate units of measure; in other words, pounds instead of tons or cubic yards. Use large units of measure only when the shipment is a very large bulk shipment (e.g., a rail car, tanker truck, barge). You are also prohibited from using decimals or fractions. Additionally, you cannot use container capacities as acceptable estimates of volume. Here again, this change makes the accumulated data on waste amounts more reliable and accurate. Also, you are less likely to face higher fees or fee disputes if you use the accurate units of weight. Item 13 – Waste Codes. You have six boxes for waste codes, which will allow you to list one California waste code, another State’s waste codes in addi-
tion to the RCRA code, making out-of-state shipping easier for you and the data easier for regulatory agencies to track. If your waste is non-RCRA (or California-only) and you are shipping only within California, list only one California waste code.
Item 14—Special Handling Instructions and Additional Information. This Item is the only area on the manifest for “other” information such as profiles, federally mandated asbestos or PCB information, response guide numbers, specific gravity, etc. Item 14 is smaller than the space on the California manifest. Generators may need to either prioritize the information listed or use Item 32 on a continuation sheet to record the additional information.
Item 15 – Generator’s/Offeror’s Certification. In addition to your signature certifying that the hazardous waste you are shipping is accurately reflected on the manifest, your signature also certifies that you comply with one of the following waste minimization statements, located in a new section in 40 Code of Federal Regulations (262.27(a) or (b) and California Code of Regulations, title 22, section 66262.27, paraphrased below: •
Large Quantity Generators have programs in place to reduce the volume and toxicity of waste, given the economic viability of that effort; and
Small Quantity Generators have made a good faith effort to minimize waste generation, given the economic viability of that effort.
Item 18 – Discrepancy. If a designated facility rejects hazardous waste or has containers containing residue, the facility representative signs the manifest and notes the discrepancies. In addition to a narrative field, a facility representative will have to check one of five boxes: Quantity, Type, Residue, Partial Rejection, or Full Rejection. Facilities can hold rejected waste for up to 60 days. Generators can only hold rejected waste for 90 additional days, must mark the waste as rejected waste, and must sign and submit the rejected waste manifest to DTSC just as a designated facility does (66262.34(g) and (h)).
What the New Manifest Means to You as a Transporter If, as the transporter, you are the “offeror” or generator, follow the information in the generator section, above. This applies especially to transporters who
are consolidated transporters or serve as the offerors, or brokers. There are also new provisions for transporters exporting waste out of the country or importing waste. DTSC is preparing a more detailed fact sheet about importing and exporting hazardous waste and handling International Shipments. If you are the exporter, remember to also deliver a copy of the manifest to U.S. Customs.
Item 16 – International Shipments. You must indicate whether the load is an import or export, identify the port of entry or exit, and indicate the date that the load will leave the United States. Prior to this change, it was more difficult for DTSC to monitor import and export trends that might be environmentally threatening.
What the New Manifest Means to You as a Treatment, Storage, and Disposal Facility. Item 18 – Discrepancy. When a facility identifies a discrepancy, in addition to making notes in the narrative field, you must now check one of five boxes: Quantity, Type, Residue, Partial Rejection, or Full Rejection. The boxes are another way to make data collected from the manifests more meaningful, and assist environmental agencies in helping reduce instances of discrepancies with outreach efforts to generators. Creating a new manifest for most rejected loads gives every load of hazardous waste a beginning and an end, rather than the loop in which loads could become trapped (and lost). It also makes the handling of rejected loads consistent across the country.
Another new responsibility facilities now have is to determine if an “empty” container holds more residue than is allowed. It is not empty if there is more than 0.3 percent, by weight, of the total capacity of the bulk container. Also, the manifest regulations changed the definition of a bulk container to 119 gallons or larger (it was 110 gallons or larger). For extremely hazardous or acutely hazardous waste, you must triple-rinse the container. If it is not empty, you must manifest those containers either to an alternate facility or return to the generator, and reference back to the original manifest number used to ship the waste to your facility. The new manifest number is recorded in Item 18 of the old manifest and the old manifest number is recorded in Item 14 of the new manifest. This is explained in more detail in the Federal Manifest Instructions and the regulations. Other topics, such as handling rejected loads and International shipments (importing and exporting) warrant more detailed fact sheets, which are under
development. Please monitor the Manifest web site for additional resources as they become available on the DTSC web site .
Item 19 – Hazardous Waste Report Management Method Codes. You will have to use the same 28 codes to describe how you handle the waste at this facility only. These codes are used in the Biennial Report Hazardous Waste Management Report instead of the 10 California handling codes that you use now. Use of consistent codes will provide more detailed information and assist those of you who prepare these reports to more easily keep track of that information.
Common Mistakes and Manifest Corrections Finally, we offer you what problems we see most often on manifests. These problems lead to fee errors, misdirected enforcement efforts, bad data about your operations being available on the web site to the public, and correction fees for you. As you switch to the new federal manifest, it is a good time for you to look at your business’s manifesting practices to keep these common mistakes to a minimum. •
Missing information: No EPA identification number for generator, transporter, or facility; no container counts; no quantities, missing waste codes and dates, and missing second transporter when one will be used. Also, EPA ID numbers have a combination of 12 digits and letters – any more or less and you know you have a problem.
Inaccurate information: Numbers transposed, particularly EPA IDs; incorrect dates, using the wrong unit of measure, such as tons when the waste should be in pounds (potentially very costly in fee billings); incorrect container counts or quantities; using decimals or fractions in Item 11, Total Weight.
Pre-printed waste streams not struck out: If you use pre-printed manifests (including consolidated transporters), and you do not fully line-out all waste streams that are not going to be used, subsequent transporters, destination facilities, and regulators cannot determine whether you forgot to put in a quantity, the waste got lost, or the generator did not have the waste you expected. Be sure to draw the line all of the way through the fields in that section, from margin to margin.
Using multiple lines for the same transporter: Sometimes, one transporter company will use a different line every time the driver changes. This is not allowed. No matter how many drivers are involved, each line is for the transporter company (the one with the same DTSC registration number). Switching drivers does not allow you to extend the 10-day maximum holding time at an exempt transfer facility. Generator and transporter name and identification number are mismatched. The names used on the manifest for the generator and transporter should be exactly the same as they appear as assigned to the EPA ID number and transporter registration, respectively. The generator’s site address should match those on record, as well. Generators shipping past the authorized timeframe. If a generator’s EPA ID begins with CAC or CAP, these are for 90-day authorization only. For State issued CAC numbers, you should go on-line to verify that the shipment date is within 90 days of the date DTSC issued the number. You can use the Hazardous Waste Tracking System page on DTSC’s website to verify the correct EPA ID numbers, addresses, and expiration dates. Go to hwts.dtsc.ca.gov/report_list.cfm, select Reports, and then search for the company by name or ID number.) You can verify new Federal permanent or temporary ID numbers by calling (415) 495-8895.
Generally, you can correct most errors on manifests by sending DTSC a manifest correction letter. You can use one letter to report a set of manifests on which the same correction applies. As an incentive for self-reporting, DTSC generally does not charge the legally-authorized $20 per manifest handling charge if you file the correction letter before DTSC sends you a letter requesting the correction. As DTSC’s data collection and analysis systems improve, DTSC will identify manifest errors much sooner and charge more correction fees.
Other Resources Manifest Internet Resources DTSC put all of its manifest resources in one convenient location on its Web site, Hazardous Waste Manifest Information. These include training information, copies of the final state and federal regulations, links to federal sites, manifest examples, and Frequently Asked Questions.
The key regulation sections are: •
Generators: See Chapter 12 of California Code of Regulations, Title 22. Especially sections 66262.20, 66262.21, 66262.23, and the Appendix. For marking and labeling changes see section 66262.32. Manifest exception report address changes are in sections 66262.42 and for exports, see section 66262.55.
Transporters: See Chapter 13 of California Code of Regulations, title 22, especially sections 66263.18, 66263.20, 66263.21, and 66263.24.
Destination Facilities: See either Chapter 14 (permitted) or 15 (interim status), of California Code of Regulations, title 22, especially sections 66264.71 and 66264.72 or 66265.71 and 66265.72.
In June 2006, DTSC mailed the Supplemental California Manifest Instructions to more than 120,000 holders of EPA ID numbers in California – it is worth keeping for reference and sharing with all your employees involved in manifesting. It highlights changes, provides manifest mailing addresses, and contains the California waste codes and the new Hazardous Waste Report Management Method Codes.
The Manifest web page also includes 11 example manifests (old and new), manifests showing the changes in yellow from the old to new manifest, and a full copy of training materials.
DTSC continuously updates and adds to its Webbased list of informative publications. Among those that you may find most useful are:
• • • • • • • •
EPA Identification Numbers Hazardous Waste Generator Requirements Accumulating Hazardous Wastes at Generator Sites Fact Sheet: Hazardous Wastes of Concern Hazardous Waste Transporter Requirements Consolidated Transporters Consolidated Manifesting - Hazardous Waste Generator Requirements Consolidated Manifesting (SB 271) Fact Sheet
DTSC has not updated all of its fact sheets and guidance to reflect the changes to the manifest, putting
resources first to developing this fact sheet and others about the new manifest. Check back to the publications page often, as DTSC intends to post new rejected load and transfer facility fact sheets soon.
Phone Numbers and Email:
For EPA ID number information and basic information on manifest changes, call 800-61TOXIC (800-618-6942)
For technical manifest questions, email [email protected]
To file a hazardous waste complaint, call 80069TOXIC (800-698-6942)
For Transporter Registration information, call 916-255-4368
For Waste Classification information, call 916327-4499
To speak to a Regulatory Assistance Officer, call 800-72TOXIC (800-728-6942). If you get voicemail, you should get a call back within one to two days. Or visit the Regulatory Assistance FAQ page, the link which is just beneath the photos and art on the right side of the DTSC Web site home page.
To get notices of new manifest information, subscribe to the DTSC email list (listserve) for the Manifest Regulations. As DTSC expands its capacity to reach out to interested parties via electronic mail, we continually add new listserves, some of which may also be of interest to you.