Beginning on September 5, 2006, EPA’s new Uniform Hazardous Waste Manifest form will be required for all shipments of hazardous waste.  See 70 Fed. Reg. 10775 (March 4, 2005), corrected 70 Fed. Reg. 35034 (June 16, 2005).  The new form will apply nationwide and replaces all state-specific manifest forms.  The national form is designed (a) to reduce the burden on transporters who operate in more than one state and (b) to improve tracking of various “problem wastes,” such as hazardous wastes that are rejected by destination facilities, waste residues from containers that are not completely empty, wastes that have state-specific waste codes, and shipments of waste into or out of the United States. 

Through September 4, 2006, hazardous waste shipments must be made using the “old” manifest forms.  The new forms will be available only from suppliers that have registered with and are approved by EPA.  (Therefore, facilities wishing to print their own manifests must register with EPA.)  A list of EPA-approved printers is available at: http://www.epa.gov/epaoswer/hazwaste/gener/manifest/registry/printers.htm

Some states list as hazardous certain wastes that are not otherwise regulated as hazardous wastes by EPA (for example, in Maine, PCB wastes are assigned Hazardous Waste Number M002).  Under these circumstances, state-specific waste codes should be used on the new form.  However, where a waste appears on both state and federal waste codes lists, only the federal waste code should be used.  Further information regarding state-specific manifest requirements (beyond that required by EPA) can be found at: http://www.epa.gov/epaoswer/hazwaste/gener/manifest/registry/states.htm

The new form requires a certification by the generator and the “offeror” of the waste, rather than just a generator certification.  An offeror of the waste is a party (other than the generator) that prepares the shipment for transportation.  The generator and, if applicable, the offeror must certify that the shipment is in proper condition for transportation.  Failure to properly prepare hazardous waste for transportation (for example by incorrectly determining the hazard class of the waste, mis-labeling the waste, or leaving required information or certifications off the manifest) may result in liability.

Waste manifesting is not yet available electronically.  EPA had proposed such a system, but encountered both technical difficulties and negative public comment.  As a result, that approach was dropped.  EPA still intends to propose a new rule sometime in the future that would allow for electronic manifesting.

State-Specific Requirements – Northern New England States

Maine DEP, as of this date, has not posted any Maine-specific information on its website.  Department staff have indicated that DEP will require more than the standard six-copy manifest; Maine generators will be required (a) to make a photocopy of page 6 of the manifest and submit it to DEP and (b) if the destination state where the waste is being disposed of requires a copy of the manifest, make a photocopy of page 6 of the manifest and submit it to the destination state.  Maine also will provide a list of Maine-specific waste codes.  For further information, the Maine DEP contact for hazardous waste manifesting is Cherrie Plummer (207-287-7882). 

Massachusetts DEP is in the process of drafting rules to adopt the federal manifest; those rules are planned to be proposed in August 2006.  Information on the Massachusetts program can be found at:  http://www.mass.gov/dep/recycle/hazardous/manifest.htm

New Hampshire DES has provided information on its website regarding state-specific requirements concerning the new manifest forms at: http://www.des.state.nh.us/rims/rims_faq.asp?ask=UHWManifest

Vermont DEC is proposing various revisions to the Vermont Hazardous Waste Management regulations to, among other things, adopt the federal manifest rule.  Information on the status of the Vermont manifesting program and any state-specific requirements can be bound at:  http://www.anr.state.vt.us./dec/wastediv/rcra/regs.htm

*          *            *            *            *

Please contact David Van Slyke or Sharon Newman (207-791-3000) with any questions or for further information concerning the new hazardous waste manifesting requirements or hazardous waste management issues generally.