August 17, 2021

State-Specific Wastes Subject to Manifesting

When a RCRA-permitted receiving facility receives a waste required to be shipped with a uniform hazardous waste manifest, that manifest must be submitted into EPA’s e-manifest system. Most federally regulated hazardous wastes are required to be manifested. But state-specific hazardous wastes, and even some state-specific nonhazardous industrial waste, must be manifested as well. In June 2021, EPA created a website clarifying which state-specific wastes are subject to the RCRA manifesting requirement.

The website contains a map of the United States and two tables for each state indicating which wastes are required to be manifested, and consequently, must also be submitted into the e-manifest system. The first table for each state includes state-specific hazardous wastes required to be manifested. For example, the state of Colorado contains a half-dozen additional K- and P-listed hazardous wastes. On the other hand, Texas does not have state-specific hazardous wastes but does require certain nonhazardous industrial wastes to be manifested.

The second table for each state indicates wastes where a manifest exemption or conditional exclusion exists under the federal regulations but that the authorized state has not adopted. In those instances, the waste must be manifested if generated or disposed of in that state. For example, Utah has not adopted the low-level mixed waste conditional exclusion for transportation and disposal. Thus, if one of those wastes is generated in or shipped to Utah, a manifest would still be required.

The agency cautions the website is not static and states are currently verifying the information. Errors may be reported to EPA at orcrweb@epa.gov. Additionally, all generators are ultimately responsible for the correct characterization and manifesting of their wastes. EPA also maintains a list of websites and contacts for state agencies and their associated hazardous waste manifest programs.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.