Frequently Asked Questions
At Trans-Environmental Services, we are always available to answer questions on regulatory issues. We don't charge you to help you with your hazardous waste requirements and obligations. If you have a question that is not answered here please don't hesitate to contact us.
At Trans-Environmental Services, we are always available to answer questions on regulatory issues. We don't charge you to help you with your hazardous waste requirements and obligations. If you have a question that is not answered here please don't hesitate to contact us.
How often is the Department of Transportation (DOT) training required for hazmat employees?
Answer: DOT hazardous materials training requirements are found in 49 CFR 172 Subpart H. Initial training is required within 90 days of employment or change in duties that cause the training requirement to apply. DOT requires recurrent training every 3 years thereafter.
Are you required to use a manifest to transport hazardous waste via public highway when remaining within a single CERCLA area of contamination (AOC)?
Answer: Sometimes a manifest is required and other times it is not. Per 40 CFR 262.20(a), " A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest." However an exemption from manifesting is provided in 40 CFR 262.20 (f) for "tranport of hazardous waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way." So the answer to the question depends upon whether this is considered onsite or offsite transportation within the context of RCRA.
RCRA and CERCLA define "onsite" differently. RCRA defines onsite as, "the same or geographically contiguous property which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property. "(40 CFR 260.10). On the other hand, CERCLA defines "onsite" as "the real extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action." (40 CFR 300.5). Therefore transfer of waste between non-contiguous properties may be "onsite" within the CERCLA definition because it is within the same area of contamination, but may be "offsite" and in need of a manifest within the RCRA context because the property is not contiguous.
EPA addressed manifesting at CERCLA sites in the preamble to the National Contingency Plan on 8 Mar 1990, 55 Federal Register 8691 as follows:
"Finally, EPA wishes to clarify that even where noncontiguous facilities are treated as one site, activities at the aggregated site must comply with (or waive) substantive requirements of federal or state environmental laws that are ARARs. In addition, even where noncontiguous facilities are treated as one site, movement of hazardous waste from one facility to another will be subject to RCRA manifest requirements."
So the bottom line is that a manifest is needed when transporting hazardous waste on public highways between non-contiguous properties even when remaining within a single CERCLA AOC. Manifests are not required within or along borders of contiguous properties (unless required by more stringent State requirements), but bill of lading requirements for DOT hazardous materials may still apply.
49 CFR 172.604(a) requires a phone number to be designated on hazardous material shipping papers for "a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge." What is meant by "immediate access"?
Answer: The phrase "immediate access" means emergency response information must be accessible without delay. If the person answering the telephone does not possess the required knowledge, he/she must be able to directly connect the caller to such a person. It is NOT acceptable for the person answering the telephone to take a message and have the call returned or to refer the caller to another telephone number. Reference: Research and Specials Programs Memo, 2 Jun 95.
Is manifest training required by DOT?
Answer: DOT requires hazmat employees training to include (1) general awareness/familiarization training, (2) function specific training, and (3) safety training. Though DOT never directly states that "manifest training" is required, those hazmat employees executing shipping papers that are hazardous waste manifests need manifest training to fulfill function specific training requirements.
Reference: 49 CFR 172 Subpart H.
Are Conditionally Exempt Small Quantity Generators required to be DOT trained?
Answer: Yes, if the CESQG meets the definition of a hazmat employee, "…a person who affects hazardous material transportation safety." Though CESQG waste is exempt from manifest requirements, hazardous material transportation regulations continue to apply. Therefore if the CESQG is preparing the material for shipment, signing bill of ladings for shipments, and/or is affecting transportation safety in any way, DOT training is required.
Reference: 49 CFR 172 Subpart H.
Are all hazardous wastes hazardous materials and vice versa?
Answer: No, all hazardous wastes are hazardous materials, but all hazardous materials are not hazardous wastes. Hazardous materials are regulated by DOT. Hazardous wastes are regulated by EPA. By definition, all hazardous wastes are also hazardous materials.
Is there a Corps guide specification related to manifesting?
Answer: The HTRW CX has prepared an excellent guide specification relating to the transportation and disposal of hazardous materials. Guide Specification CEGS 02120 can be found on the Internet at http://www.usace.army.mil/inet/usace-docs/.
If I have a DOT shipping document, who signs it?
Answer: Anyone that has been DOT trained may sign a DOT bill of lading.
DOT requires a 24-hour emergency telephone number monitored at all times. Do I have to carry a cell phone?
Answer: Yes, if you are the designated emergency point of contact on the manifest.
Where is the requirement that I need "manifest training"?
Answer: There are no specific EPA or DOT regulations that require you to have "manifest training". Since the majority of environmental work performed by the Corps involves the transportation of hazardous waste, the Corps has decided to provide function specific training to its employees on the DOT regulations and the proper use of a hazardous waste manifest.
Who signs Hazardous Waste Profiles?
Answer: These forms are not a requirement of any EPA or DOT regulation, thus no one in particular is required to sign them. It is recommended that someone familiar with the waste stream and the chemistry associated with the waste stream sign the forms. Thus it is suggested that the project chemist sign them after review, or if necessary explain the information to the construction representative, then he/she can sign the forms.
Do my samples being sent to a lab require a manifest?
Answer: The samples being sent to a laboratory do not need a hazardous waste manifest if you comply with the RCRA sample exclusion in 40 CFR 261.4(d). However, if it is suspected that the sample would meet a DOT hazard class, a DOT shipping paper would be necessary.
Is a manifest only required when shipping hazardous wastes?
Answer: No, a manifest is also required when shipping PCBs in accordance with the Toxic Substances Control Act, 40 CFR 761.
Can I use a manifest when shipping nonhazardous wastes?
Answer: Yes, but the hazardous wastes must be entered first in sequence on the manifest, then the nonhazardous materials can be entered
Answer: DOT hazardous materials training requirements are found in 49 CFR 172 Subpart H. Initial training is required within 90 days of employment or change in duties that cause the training requirement to apply. DOT requires recurrent training every 3 years thereafter.
Are you required to use a manifest to transport hazardous waste via public highway when remaining within a single CERCLA area of contamination (AOC)?
Answer: Sometimes a manifest is required and other times it is not. Per 40 CFR 262.20(a), " A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest." However an exemption from manifesting is provided in 40 CFR 262.20 (f) for "tranport of hazardous waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way." So the answer to the question depends upon whether this is considered onsite or offsite transportation within the context of RCRA.
RCRA and CERCLA define "onsite" differently. RCRA defines onsite as, "the same or geographically contiguous property which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property. "(40 CFR 260.10). On the other hand, CERCLA defines "onsite" as "the real extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action." (40 CFR 300.5). Therefore transfer of waste between non-contiguous properties may be "onsite" within the CERCLA definition because it is within the same area of contamination, but may be "offsite" and in need of a manifest within the RCRA context because the property is not contiguous.
EPA addressed manifesting at CERCLA sites in the preamble to the National Contingency Plan on 8 Mar 1990, 55 Federal Register 8691 as follows:
"Finally, EPA wishes to clarify that even where noncontiguous facilities are treated as one site, activities at the aggregated site must comply with (or waive) substantive requirements of federal or state environmental laws that are ARARs. In addition, even where noncontiguous facilities are treated as one site, movement of hazardous waste from one facility to another will be subject to RCRA manifest requirements."
So the bottom line is that a manifest is needed when transporting hazardous waste on public highways between non-contiguous properties even when remaining within a single CERCLA AOC. Manifests are not required within or along borders of contiguous properties (unless required by more stringent State requirements), but bill of lading requirements for DOT hazardous materials may still apply.
49 CFR 172.604(a) requires a phone number to be designated on hazardous material shipping papers for "a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge." What is meant by "immediate access"?
Answer: The phrase "immediate access" means emergency response information must be accessible without delay. If the person answering the telephone does not possess the required knowledge, he/she must be able to directly connect the caller to such a person. It is NOT acceptable for the person answering the telephone to take a message and have the call returned or to refer the caller to another telephone number. Reference: Research and Specials Programs Memo, 2 Jun 95.
Is manifest training required by DOT?
Answer: DOT requires hazmat employees training to include (1) general awareness/familiarization training, (2) function specific training, and (3) safety training. Though DOT never directly states that "manifest training" is required, those hazmat employees executing shipping papers that are hazardous waste manifests need manifest training to fulfill function specific training requirements.
Reference: 49 CFR 172 Subpart H.
Are Conditionally Exempt Small Quantity Generators required to be DOT trained?
Answer: Yes, if the CESQG meets the definition of a hazmat employee, "…a person who affects hazardous material transportation safety." Though CESQG waste is exempt from manifest requirements, hazardous material transportation regulations continue to apply. Therefore if the CESQG is preparing the material for shipment, signing bill of ladings for shipments, and/or is affecting transportation safety in any way, DOT training is required.
Reference: 49 CFR 172 Subpart H.
Are all hazardous wastes hazardous materials and vice versa?
Answer: No, all hazardous wastes are hazardous materials, but all hazardous materials are not hazardous wastes. Hazardous materials are regulated by DOT. Hazardous wastes are regulated by EPA. By definition, all hazardous wastes are also hazardous materials.
Is there a Corps guide specification related to manifesting?
Answer: The HTRW CX has prepared an excellent guide specification relating to the transportation and disposal of hazardous materials. Guide Specification CEGS 02120 can be found on the Internet at http://www.usace.army.mil/inet/usace-docs/.
If I have a DOT shipping document, who signs it?
Answer: Anyone that has been DOT trained may sign a DOT bill of lading.
DOT requires a 24-hour emergency telephone number monitored at all times. Do I have to carry a cell phone?
Answer: Yes, if you are the designated emergency point of contact on the manifest.
Where is the requirement that I need "manifest training"?
Answer: There are no specific EPA or DOT regulations that require you to have "manifest training". Since the majority of environmental work performed by the Corps involves the transportation of hazardous waste, the Corps has decided to provide function specific training to its employees on the DOT regulations and the proper use of a hazardous waste manifest.
Who signs Hazardous Waste Profiles?
Answer: These forms are not a requirement of any EPA or DOT regulation, thus no one in particular is required to sign them. It is recommended that someone familiar with the waste stream and the chemistry associated with the waste stream sign the forms. Thus it is suggested that the project chemist sign them after review, or if necessary explain the information to the construction representative, then he/she can sign the forms.
Do my samples being sent to a lab require a manifest?
Answer: The samples being sent to a laboratory do not need a hazardous waste manifest if you comply with the RCRA sample exclusion in 40 CFR 261.4(d). However, if it is suspected that the sample would meet a DOT hazard class, a DOT shipping paper would be necessary.
Is a manifest only required when shipping hazardous wastes?
Answer: No, a manifest is also required when shipping PCBs in accordance with the Toxic Substances Control Act, 40 CFR 761.
Can I use a manifest when shipping nonhazardous wastes?
Answer: Yes, but the hazardous wastes must be entered first in sequence on the manifest, then the nonhazardous materials can be entered
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