Businesses that produce hazardous waste—known as “generators”—are expected to obey all applicable requirements when the time comes to transport hazardous waste for recycling, treatment, storage, or disposal. It’s not enough simply to drive your hazardous waste to the appropriate disposal facilities.

As a generator, you have cradle-to-grave responsibility for your hazardous wastes. You must ensure that the hazardous waste transportation services you use are licensed and complete all of the relevant paperwork. Hazardous waste transportation laws are designed to protect human health and the environment, as any toxic substances that are spilled or explode in transit can put communities and drivers’ lives at risk.

Laws for Transporting Hazardous Waste

Federal laws for transporting hazardous waste have been set by the Environmental Protection Agency (EPA) in conjunction with the Department of Transportation (DOT). DOT regulations are specified for each designated transporter that carries toxic substances via road, rail, water, or air. These regulations can be found in Title 40 of the Code of Federal Regulations (CFR) part 263. State and local authorities will also have area-specific laws for transporting hazardous material.

Who Is Subject to Regulatory Requirements?

According to the EPA, DOT requirements for transporting hazardous waste apply to anyone who transports hazardous waste to a noncontiguous property—whether or not the receiving facility is owned by them. The requirements don’t apply when moving hazardous waste from one part of the same property to another, or when moving hazardous waste to a continuous property that is separated by a public road.

In order to transport hazardous waste, the transporter must be licensed through the state and issued a permit for transporting hazardous waste. These permits are usually valid for one year, although laws can vary from state to state. The disposal facility and transfer facilities used along the way must also be licensed and comply with all of the applicable items in the Resource Conservation and Recovery Act.

EPA ID Numbers

Hazardous waste generators, hazardous waste transportation companies, and hazardous waste treatment and disposal facilities are required to have an EPA identification number. Whereas generators and treatment facilities need a separate EPA ID number for every site where they operate, hazardous waste transporters use the company’s EPA ID number rather than each driver or vehicle having their own unique identifier.

Generator EPA IDs

Every business that produces hazardous waste in the normal course of their work must obtain an EPA ID number by filling out EPA Form 8700-12 and submitting it to the authorized state agency or EPA regional office, if applicable. This form includes:

  • The name of the generator and address of the facility where they operate
  • The generator’s contact information
  • A description of the hazardous waste activities that are carried out at the facility

Very small quantity generators—those that generate fewer than 100 kg of hazardous waste per month—are not required to obtain an EPA ID number or submit a notification form according to federal regulations. However, state regulations may require that VSQGs still report on their production and handling of hazardous waste.

Transporter EPA IDs

To obtain an EPA ID, licensed hazardous waste transporters need to submit Form 8700-12 (the same form that generators use) to the authorized state agency, providing the details of the company’s headquarters. To be registered, hazardous waste transporters also need to show that they can provide an adequate response to damages that could occur in transit.

Don’t Work with an Unlicensed Transporter

It is unlawful for a generator to transfer custody of hazardous waste to a transporter who does not have an EPA ID number and a valid registration and/or license. It would also leave the generator legally vulnerable should an accident occur in transit. For both of these reasons, it’s essential for every generator to work only with licensed hazardous waste transporters.

Treatment Storage and Disposal Facility EPA IDs

To ensure cradle-to-grave tracking, the final facility that receives hazardous waste is also required to have an EPA ID. You can find licensed recycling, treatment, storage, and disposal facilities in your state by looking up the relevant details on the EPA’s Search by Site page.

Finding Licensed Disposal Facilities

Licensed industrial hygiene and waste management providers like GAIACA have relationships with local licensed disposal facilities that they can recommend to the generator. This can be especially helpful if you want to recycle as much of your waste as possible and reduce your impact on the environment.

Uniform Hazardous Waste Manifest

Under federal law, generators and hazardous waste transporters must fill out, sign, and date a uniform hazardous waste manifest on-site before the hazardous waste is shipped, and a copy of the manifest must be left with the generator. When the hazardous waste is transferred to the next designated transporter or designated facility, the transporter must have the manifest signed and dated by the recipient. Transporters must keep paper manifests for a period of three years.

E-Manifests

To streamline hazardous waste transportation and reporting, the e-manifest system allows generators and transporters to fill in an electronic hazardous waste manifest as well as, or instead of, a paper manifest. The information included on electronic manifests is automatically reported to the EPA, making it easier for hazardous waste to be tracked all the way to its final disposal.

Waste Codes

When you fill out a hazardous waste manifest, you will be asked to enter up to six federal and state waste codes that describe the waste streams identified in the list.

You can find a list of waste codes on the RCRA website. These codes are categorized as:

  • “D” codes – characteristic waste codes
  • “F” codes – wastes from non-specific sources
  • “K” codes – wastes from specific sources
  • “P” codes – acutely hazardous compounds
  • “U” codes – toxic compounds
  • Other codes:
  • LABP – lab pack
  • PHRM – hazardous waste pharmaceuticals

Hazardous Waste Manifest Exemptions

There are two kinds of hazardous waste that may not need a uniform hazardous waste manifest:

  • (1) certain reclaimed hazardous wastes
  • (2) samples sent to a laboratory for analysis.

In both cases, alternative documentation is used instead of the standard manifest.

Transporters of Certain Recycled or Reclaimed Hazardous Wastes from Small Quantity Generators (SQGs)

To facilitate the recycling of small quantities of certain waste products, the EPA permits transporters to collect small quantities of recycled and reclaimed waste products from SQGs without filling out a waste manifest. In order to qualify for the exemption, four requirements must be met:

  • There must be a contractual agreement between the SQG and the recycling facility.
  • The transporter must record certain information about the shipment on shipping or logging paper.
  • The shipping paper or log must accompany the shipment.
  • The vehicle used for hazardous waste transportation must be owned by the recycling facility.

For record-keeping purposes, both the SQG and the transporter need to keep a copy of the reclamation agreement for three years after the contract ends.

Lab Samples

Waste samples sent to a laboratory for environmental consulting purposes also don’t require a hazardous waste manifest—either on the way there or on the way back. However, lab samples must:

  • Be correctly labeled
  • Be returned to the generator
  • Comply with any applicable U.S. Postal Service or Department of Transportation shipping requirements

More information about this exclusion is available in the RCRA Online Database.

Biennial Hazardous Waste Reporting Requirements

Every two years, hazardous waste generators need to submit a report about the nature, quantities, and disposal of the hazardous waste that they generate at their facility. This form includes:

  • The generator’s EPA ID number
  • The generator’s name and the address of the facility
  • The nature and quantity of hazardous waste generated in the time period
  • How the hazardous waste was disposed of—recycling, treatment, storage, or disposal

You’ll need to keep your waste manifests in order to fill out the biennial form. As a leading hazardous cannabis waste management provider, GAIACA specializes in helping cannabis businesses to meet all of their essential reporting requirements. Other industries have similar providers.

Labeling Requirements

Before handing over your hazardous waste shipments, make sure that all of the containers are securely capped, free from residue, and compliant with hazardous waste label requirements. The labels should include all of the hazardous materials included in the container together with the hazard class and accumulation start date.

When placing labels on the containers, the following guidelines apply:

  • Place the label on the upper side of each container.
  • Separate labels by at least 6 inches (15 cm) if there is more than one substance present.
  • No part of a label should be covered or placed somewhere that’s hard to see.
  • Old labels should be removed or washed off before a container is reused and most definitely before the container is shipped.

The transporter is responsible for separating containers of incompatible waste, tying the containers down securely, and ensuring adequate ventilation and space for transporting waste safely to its destination. Transporters must follow all of the applicable DOT regulations as detailed on the Pipeline and Hazardous Materials Safety Administration website.

If Damages Occur During Transport

Occasionally, hazardous waste discharges may occur in transit between one facility and the next. Transporters are responsible for separating off the discharge area, notifying local authorities, and cleaning up such that the discharge no longer presents a hazard to humans or the environment.

If the waste must be removed immediately, a federal, state, or local official may authorize the removal of the waste by a transporter that doesn’t have an EPA ID and without preparing a manifest. A written report of the incident may be required, which will serve as evidence for the disparity between the quantity of waste submitted by the generator and the quantity of waste received by the receiving facility.

Multiple Transporters

In some cases, hazardous waste transportation involves multiple stages before the shipment reaches its final destination. For example, the entire shipment might be taken to a transfer facility and then transported by a different carrier to a larger facility for recycling, storage, treatment, and disposal. Other shipments might be transported first by road to a dock or train station and then transported by sea or rail.

Intermediate Transporters

In the case of transfer facilities and multiple transporters, the hazardous waste manifest must accompany the shipment on all stages of its journey. Every receiving facility must sign and date the waste manifest, even if it is not the final destination.

Water and Rail Transporters

In the case of water and rail shipments, the hazardous waste manifest doesn’t accompany the shipment to its final destination. Instead, the water and rail transporters can sign and date the manifest and use another shipping document for all onward steps. The initial transporter and final transporter by water or rail must sign and date the shipping documents. Intermediate transporters don’t need to sign them.

Transfer Facilities

Transfer facilities include docks, parking areas, and storage areas where a hazardous waste shipment might be kept until it is transported to its next destination. Transporters are allowed to keep hazardous waste at a transfer facility for 10 days or less provided that they keep the waste manifest on hand and hold the waste in U.S. DOT-approved containers. If waste is stored for more than 10 days, the transfer facility needs to obtain a permit to become a storage facility and follow all of the applicable requirements.

Proper Transportation Matters

Once you’ve gone to the effort to label and store hazardous materials correctly, don’t let improper hazardous waste transportation put you at risk for fines or damages.

Choosing a licensed and registered hazardous waste transporter is the only way to ensure the materials will arrive safely at their destination and protect yourself from problems with the law. If you generate hazardous waste—no matter the quantity—take the time to understand your responsibilities and find the right transportation partner for your business.