• Hazardous waste generators must properly package, label, and mark all hazardous waste shipments, and placard the vehicles used for shipping the wastes following the DOT hazardous materials regulations.
• Generators must ship hazardous waste offsite within the time limits assigned to their generator category.

The Environmental Protection Agency (EPA) requires hazardous waste generators to properly package, label, and mark all hazardous waste shipments, placard the vehicles used for shipping the wastes following the Department of Transportation’s (DOT) hazardous materials regulations, and ship the waste using the uniform hazardous waste manifest.

DOT’s Hazardous Materials Regulations apply to all private, common, and contract carriers transporting hazardous materials in commerce. The regulations are prescribed to minimize the dangers to life and property related to the transportation of the hazardous materials.

Federal regulations allow a facility to transport their own hazardous waste to a designated treatment, storage, and disposal facility (TSDF) provided that the facility follows all of DOT’s rules. Note that some states do not allow this practice.

Regulatory citations related to waste shipping include:

• 40 CFR 262 Subpart B — Manifest requirements applicable to small and large quantity generators
• 40 CFR 262 Subpart C – Pre-shipping requirements for generators
• 40 CFR 262.40 — Recordkeeping
• 40 CFR 262.42 — Exception reporting
• 40 CFR 263 Subpart B — Requirements for transporters
• 40 CFR 264/265 Subpart(s) E — Manifest system, recordkeeping, and reporting for receiving facilities

Summary of requirements:

• Generators must ship hazardous waste offsite within the time limits assigned to their generator category.
• Generators must mark and label containers of hazardous waste according to DOT’s requirements.
• Generators must prepare packages of hazardous waste for shipment according to DOT’s requirements.
• Generators must provide the correct placards to the waste transporter.
• Generators must complete and sign the hazardous waste manifest for shipping hazardous waste.
• Transporters must ensure they have an EPA ID number and the proper credentials for transporting hazardous waste.
• Transporters must use a manifest properly and maintain all proper shipping records.
• Transporters must contain and cleanup any spills or discharges while the hazardous waste is in their possession.
• Receiving facilities must accept or reject loads of hazardous waste.
• Receiving facilities must notify generators of rejected loads.
• Receiving facilities must submit completed manifests electronically to EPA or send paper copies to EPA.
• Receiving facilities must submit fee payment to EPA upon receipt of monthly invoice.

EPA published a final rule on “Integrating e-Manifest with Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections” on July 26, 2024. This rule amends the hazardous waste manifest regulations under the Resource Conservation and Recovery Act (RCRA), specifically those relating to the e-Manifest system, related reports, and data fields on the manifest form. This final rule removed the requirement for receiving facilities to return final copy of manifests to unregistered generators. Large and small quantity generators need to register personnel to access the manifest records for their site.

EPA’s pre-transport requirements at 40 CFR 262 Subpart C apply to small and large quantity generators (SQGs and LQGs); however, very small quantity generators (VSQGs) should also be aware of them. Some states require VSQGs to manifest their waste and many hazardous waste transporters will not accept a waste shipment without a manifest.