Questions of Interest to All Users of the Hazardous Waste Manifest |
| 1. |
Can I continue to use my stock of the old manifest until I have exhausted my supplies?
Answer: No, the new form must be used beginning September 5, 2006. After September 4, 2006, the old form is obsolete and cannot be used to meet the hazardous waste manifest requirement. |
| 2. |
Where do I get the new manifest forms?
Answer: The form can be obtained from any printer approved by the U.S. Environmental Protection Agency (EPA) and currently on EPA’s list of approved, registered printers. The list of approved, registered printers (“Manifest Registry”) can be found on the EPA website at: http://epa.gov/wastes/hazard/transportation/manifest/registry/printers.htm |
| 3. |
Will the new forms be available from MDE?
Answer: MDE is not planning on becoming an approved printer, and does not plan on purchasing manifests from others for resale. Generators must obtain the new manifest from an approved printer directly. The hazardous waste contractor servicing the generator may also be a source of manifests for use by the generator. |
| 4. |
How do I fill out the forms?
Answer: Detailed instructions are printed on the back of the form. The instructions also appear in the appendix to Part 262 of Title 40 of the Code of Federal Regulations (40 CFR Part 262). |
| 5. |
Will the State be asking for additional information above and beyond what the old form specified?
Answer: Maryland regulations include a number of “listed” hazardous wastes that federal hazardous waste regulations do not include. Persons sending these Maryland-listed wastes to a hazardous waste facility will have to include the Maryland waste code for the waste on the manifest. The Maryland Department of the Environment’s website includes a complete list of these Maryland-listed wastes, including the descriptions of the wastes. The waste codes are: K090, K091, K991 – K999, MD01 – MD03, MX01, M001 and MT 01. |
| 6. |
If need help filling out the form, where may I obtain assistance?
Answer: MDE’s Technical Services and Operations Program personnel will be able to provide assistance to anyone having difficulty understanding and using the new manifest. The Technical Services and Operations Program can be emailed or reached at 410-537-3400. The EPA Hazardous Waste Manifest System website is also a useful source of information. |
| 7. |
Why was the manifest form changed?
Answer: EPA’s goal in modifying the manifest was to reduce the paperwork burden on users of the manifest and enhance the effectiveness of the manifest as a tool for tracking hazardous waste shipments. By establishing a single manifest form to be used nationwide, the burden on manifest users of having to comply with varying state requirements across the country is eliminated. The uniform manifest is a step towards standardizing reporting data elements. |
| 8. |
How much does the new form cost?
Answer: The costs of the form vary from printer to printer. Currently there are several EPA approved commercial printers that are selling forms to the general public. The printers should be contacted directly for cost schedules. |
| 9. |
What are Maryland’s state-specific requirements regarding the manifest?
Answer: Additional Maryland requirements beyond the federal requirements are that the destination facility must submit a copy of the manifest to the Maryland Department of the Environment, and waste codes for certain Maryland-listed wastes must be included on the manifest (see answer to question 5). |
| 10. |
What is the manifest tracking number?
Answer: The manifest tracking number is the unique number pre-printed on each manifest form that allows storage and retrieval of data that has been entered on each manifest. The manifest tracking number is required to consist of a three-letter suffix following nine digits. The three-letter suffix is unique to each printer, and is assigned by EPA based on the printer’s application to become a registered printer of manifests. |
| 11. |
Will the use of this manifest be short-lived? Isn’t EPA moving to an electronic manifest soon?
Answer: Although EPA is working on developing an electronic manifest system, it will be several years before such a system is implemented. Under the system being developed by the EPA, use of an electronic manifest in lieu of a paper manifest will be optional rather than mandatory. Additional information on the development of the electronic manifest system is available on the EPA Hazardous Waste Electronic Manifest System website. |
| 12. |
What does the term “offeror” mean?
Answer: “Offeror” is a term used in the U.S. Department of Transportation’s (DOT) hazardous material regulations. Since the manifest serves as a shipping paper for the purposes of compliance with U.S. DOT hazardous material regulations, the term is also used in the hazardous waste manifest regulations. An “offeror” is a person who performs, or is responsible for performing, any pretransportation function required under U.S. DOT hazardous material regulations, or a person who tenders, or makes a hazardous material available to a carrier for transportation in commerce. “Pretransportation functions” related to U.S. DOT requirements include activities such as determining a material’s hazard class, selecting a packaging, making and labeling a package, filling a hazardous materials package, preparing a hazardous material shipping paper (including a hazardous waste manifest), providing emergency response information, and certifying that a hazardous material is in proper condition for transportation in conformance with the U.S. DOT hazardous material regulations. Examples of persons who could sign the manifest as “offerors” include the generator of a hazardous waste, a transporter’s employee who assists a generator in preparing a waste shipment for transportation, and the employee of a destination facility that has rejected a load of hazardous waste and who is preparing a manifest to accompany the rejected load elsewhere.
The “offeror” concept is discussed in more detail in the preamble to the final rule on the hazardous waste manifest that was published in the Federal Register on March 4, 2005. The discussion is found on pages 10791-10793. |
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| Questions of Interest to Generators of Hazardous Waste |
| 1. |
Am I required to submit any copies of the manifest to state agencies?
Answer: Maryland regulations do not require the generator to submit a copy of the manifest to the Maryland Department of the Environment. Generators sending hazardous waste to a facility in another state should check with that state to determine if that state requires a copy of the manifest. |
| 2. |
May I use photocopies of the form?
Answer: No, except when the generator is required to submit a copy to the destination state. For tracking purposes, each manifest is required to have a unique manifest tracking number. The manifest form is supplied with the tracking number pre-printed, and a new manifest must be used for each shipment. The manifest tracking number allows storage and retrieval of data on each shipment of hazardous waste.
Photocopies are only used in complying with manifest requirements as a means for generators to provide states with a copy of the manifest. The six pre-printed copies that comprise the manifest form do not include copies for the generator to submit to states. In cases where a state requires the generator to provide the state with a copy of the manifest, the generator must make a photocopy of the completed manifest to satisfy the requirement.
Note that not all states require the generator to submit a copy of the manifest to the state. Maryland’s regulations do not require the generator to submit a copy of the manifest to MDE. This is a change from previous requirements.
Maryland generators sending waste out of state will have to check on the destination state’s requirements to see if the generator must submit a copy of the manifest to the destination state. |
| 3. |
Who is the MDE point of contact regarding manifest requirements?
Answer: The Hazardous Waste Tracking/Certification Section can be reached at (410) 537-3344. |
| 4. |
Other than the new manifest form, are there other changes to Maryland’s regulations on hazardous waste manifests that I should be aware of?
Answer: The requirements concerning exception reporting have been changed to extend the deadlines for certain actions to be taken. Now, the generator is required to make inquiries of the transporter and destination facility if the generator has not received a copy of the manifest from the destination facility within 35 days of the date of shipment. (Previously, the deadline was 20 days within the date of shipment.) The generator is required to submit an exception report to MDE if the generator has not received a copy of the manifest from the destination facility within 45 days of the date of shipment. (Previously, the deadline was 30 days within the date of shipment.)
The marking requirement for containers has also been modified. (See Code of Maryland Regulations (COMAR) 26.13.03.05C(2).) The marking requirement now applies to containers of 119 gallons or less, rather than 110 gallons or less. Also, the content of the label has been changed so that it is identical to the language specified in the corresponding federal regulations. The requirement that the label include the Maryland Department of the Environment as one of the agencies to be contacted if the container is found has been eliminated.
Under the new regulation, generators are no longer required to provide MDE with a copy of the manifest. Previously, a Maryland generator had to provide MDE with a “generator state” copy, and all generators sending waste to a facility in Maryland had to provide MDE with a “destination state” copy. Maryland is still requiring that destination facilities provide MDE with a copy of the manifest. |
| 5. |
Where do I submit an exception report if I do not receive a copy of the manifest from the destination facility within 45 days of the shipment?
Answer: Mail submissions to the following address:
Maryland Department of the Environment
Technical Services and Operations Program
1800 Washington Blvd., Suite 610
Baltimore, MD 21230-1719 |
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| Questions of Interest to Hazardous Waste Transporters |
| 1. |
Are there any special requirements for transporters involved with imports or exports?
Answer: The transporter is required to sign and date the manifest in the International Shipments block (block 16). |
| 2. |
Does the new manifest require major changes in procedures followed by transporters of hazardous waste?
Answer: No. |
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| Questions of Interest to Designated Treatment, Storage and Disposal (TSD) Facilities |
| 1. |
Where do I find the hazardous waste report management method codes?
Answer: The management method codes are the same codes that have been established by EPA for use in completing the biennial report of hazardous waste activity (hazardous waste report). The current codes are found on page 73 of the instructions for the 2015 Hazardous Waste Report (January, 2015). The instruction booklet is available on the EPA Biennial Hazardous Waste Report website. |
| 2. |
Should the TSD facility submit a revised copy of the manifest if the management method for the waste turns out to be different than the one indicated on the manifest copy that the TSD has already submitted to MDE?
Answer: No, a revised copy should not be submitted. However, if the management method for the waste changes between the time the waste is accepted at the facility and the time when the facility is ready to submit a copy of the manifest to MDE, the facility should enter the most current information in block 19 of the manifest. The facility should also re-sign and date the amended manifest |
| 3. |
What mailing address should be used for submissions to MDE (copies of the manifest, discrepancy reports, unmanifested waste reports, etc.)?
Answer: Mail submissions to the following address:
Maryland Department of the Environment
Technical Operations and Services Program
1800 Washington Blvd., Suite 610
Baltimore, MD 21230-1719 |
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| Questions of Interest to Printers |
| 1. |
How do I become authorized to print the new hazardous waste manifest form?
Answer: The U.S. Environmental Protection Agency is responsible for granting authorization to persons to print the hazardous waste manifest form. The procedures for becoming an authorized manifest printer and the standards that printers must meet in printing the manifest forms are found in Section 262.21 of Title 40 of the Code of Federal Regulations (40 CFR 262.21). EPA maintains a Hazardous Waste Manifest System website that includes a link to instructions for preparing application materials to become a registered manifest printer, and a link to “frequent questions” file. |
| 2. |
What are grounds for EPA to revoke a registered printer’s authorization to print the manifest form?
Answer: EPA may suspend, and, if necessary, revoke printing privileges if EPA finds that the printer (a) has used or distributed forms that deviate from its approved form samples in regard to paper weight, paper type, ink color of the instructions, or binding method, or (b) exhibits a continuing pattern of behavior in using or distributing manifests that contain duplicate manifest tracking numbers. |
| 3. |
What should I do if I discover that I have distributed manifest forms that have the same manifest tracking number?
Answer: In accordance with 40 CFR 262.21(k) and COMAR 26.13.02.04B(4), as soon as an approved registrant becomes aware that the registrant has duplicated tracking numbers on any manifests that have been used or distributed to other parties, the registrant is required to notify the EPA by phone or email. Current contact information is found on the EPA manifest registry webpage (http://epa.gov/wastes/hazard/transportation/manifest/registry/index.htm). |
