Hazardous Waste Manifest System
Implementation of EPA's e-Manifest System
On July 26, 2024, EPA published the e-Manifest Third Rule. This new rule will result in changes to the New York State hazardous waste manifesting and reporting requirements. For more information about these upcoming changes, see DEC's e-Manifest webpage for more information about the required changes to New York hazardous waste manifesting requirements to implement e-Manifest.
EPA tracks the movement of hazardous waste generated and managed within the United States from "cradle to grave" - from the point when the waste leaves the place of generation until it gets to the place where it is treated, stored, or disposed at a designated facility. A uniform hazardous waste manifest (EPA Form 8700-22) is used to track hazardous waste. The manifest travels with the hazardous waste and must be signed by the generator, transporter, and designated facility.
EPA's e-Manifest system is a national web-based system, developed and maintained by EPA, that allows hazardous waste shipments to be tracked electronically. e-Manifest allows the use of three different types of manifests:
- Paper - the generator, transporter, and designated facility all sign on paper
- Hybrid - starts as a paper manifest signed by the generator and then is signed electronically by the transporter and designated facility
- Electronic - created in e-Manifest and electronically signed by all entities listed on the manifest
Since 1980, DEC has entered manifest information from hazardous waste transportation into a DEC computer system where the data from the manifests is maintained and hazardous waste tracking is accomplished. The original paper manifest forms were scanned into an electronic image storage system to maintain a permanent document record. Since June 30, 2018, DEC has been required to obtain the majority of New York-based manifest data from EPA's e-Manifest system.
Manifest data and images are used by DEC personnel and law enforcement officials for enforcement of federal and state hazardous waste and transportation regulatory requirements. Manifest data is also used for auditing special assessments, supporting the hazardous waste regulatory fee program, and annual hazardous waste reports.
Hazardous Waste Manifest Submission Requirements
Import & Domestic Shipments
Designated facilities located in New York State have been required to submit copies of signed final manifests for import and domestic shipments to RCRAInfo e-Manifest since June 30, 2018.
Exported Shipments
Generators located in New York State must continue to submit a paper copy of the generator copy of hazardous waste manifest forms to DEC if the waste on the manifest is exported to a foreign country until December 1, 2025. The hazardous waste manifest copy submitted to DEC must be legible. When mailing the “generator copy” of a hazardous waste manifest to DEC, the generator must ensure that it is postmarked within 10 days of the waste shipment date. Beginning on December 1, 2025, exporters will be required to submit their manifests directly to EPA’s e-Manifest system and pay the requisite manifest submission fee.
Completing Hazardous Waste Manifest Forms
Hazardous waste manifests are required to transport hazardous waste across the nation. Generators can use electronic, hybrid or paper manifests for shipments of hazardous waste. A generator that is interested in using electronic or hybrid manifests should contact their hazardous waste transporter and designated facility to determine if those manifest formats are available for the generator to use. If an entity wishes to use paper manifests, they must obtain paper manifest forms from printers approved by the EPA to print the forms. A list of these approved printers can be found on EPA’s Approved Manifest Printer Registry. Hazardous Waste Manifest Forms not available from DEC.
Beginning on January 22, 2025, EPA will be requiring the use of a newly revised (4-copy) manifest for hazardous waste shipments. However, EPA will allow the regulated community to use up any remaining copies of the current (5-copy) manifest form that they may have for domestic shipments only, all import and export shipments must be completed using the new 4-copy manifest.
Hazardous Waste Manifest Training Guide
You can find additional information about completing hazardous waste manifests in DEC's Hazardous Waste Manifest Training Guide (PDF, 188 KB).
Hazardous Waste Manifest Forms Must Be Legible
The legibility of manifest forms is important. In some cases, DEC has received manifests that are difficult to read which can cause processing issues. Manifest forms are often illegible for the following reasons:
- Font is too small - cannot be read - forms are designed for 12 pitch font.
- Mis-alignment when copying - leads to cutting off of the right/left side or the bottom/top of the manifest which results in lost data fields. Please be sure to align forms properly when making copies.
- Mis-alignment of typing - need to make sure that text/numbers are in the boxes, not on the lines.
- Copy is too dark - if words from the back are coming through, the copy is too dark.
- Copy is too light - cannot be read or parts are illegible.
- Use of highlighter - when a form with highlighting is scanned, everything that is highlighted turns black. Please do not highlight your manifest form.
- Use of illegible handwriting on the manifest form - cannot be read. Please make sure that handwriting is clear.
- Inserting "NY=" before the handling code. Do not add any additional text before the handling code; just the handling code will suffice.
Waste Codes
Generators must complete Box 13 Waste Codes. They may designate up to, but not more than, six waste codes. If applicable, DEC's "B" type Waste Codes for PCB wastes must be used.
If the Management Method Code provided in Box 19 does not reflect the ultimate disposal of the hazardous waste, generators must provide a Handling Code for their wastes in Box 13. If a Handling Code is not provided for Management Method Codes H132 and 141, the waste will be assumed to be landfilled. See the Method Management Codes & Special Assessment Taxes section below for further guidance.
Method Management Codes & Special Assessment Taxes
Special Assessment taxes are based upon the quantity of hazardous waste and its ultimate disposal method. The ultimate disposal method is ascertained with the use of NYS Handling Codes. In 2006, Management Method Codes were added to the federal manifest form. Most all of the Management Method Codes provide the ultimate disposal method. Please see the Hazardous Waste Management Method Code Conversion Table to determine which Handling Codes DEC has assigned to which Management Method Codes.
Hazardous Waste Management Method Code Conversion Table
Management Method Codes cannot always be used to determine the waste's ultimate disposal method. For example, hazardous waste might be processed by a first TSDF and still be a hazardous waste. Subsequently, this hazardous waste may go to a second TSDF for incineration or landfilling. Though the Management Method Code provided on the first manifest form may convert to a Handling Code of "T" for Treatment, the ultimate disposal would be either "B" for Incinerated or "L" for Landfilled. Additionally, for Management Method Codes H132 and H141, DEC will assume the waste's ultimate disposal method was "L" (Landfilled), unless otherwise notified, and calculate Special Assessment taxes based on this assumption. See the Hazardous Waste Management Method Code Conversion Table for guidance.
Specific Gravity
Specific Gravity may be provided in Box 14 - Special Handling Instructions and Additional Information to assure accurate conversion of volumetric units into weight.
Note: Tons, Metric Tons, Cubic Meters and Cubic Yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks or barges.
Container Weights
Generators and TSDF's should be aware that Box 11 Total Quantity ONLY applies to the quantity of hazardous waste, and should never include the waste container or packaging. Please see DEC Policy DSH-HW-03-17 Counting of Container and Packaging Weights (PDF, 52 KB).
When completing Box 11 of the manifest, Total Quantity, that the person filling out the manifest only needs to include the weight of the waste contained in the PCB Container or PCB Article Container, not the weight of the container and the waste. Note: PCB Transformers, Capacitors and other PCB Articles are not considered PCB Containers or PCB Article Containers and their total weight (carcass and internal fluid) must be included in Box 11. When reporting PCB weight in Box 11 the weight must be reported in kilograms.
Manifest Reporting Requirements
Exception Reports
If an SQG or LQG does not receive a copy of the signed final manifest from the designated facility within 35 days of the date the waste was accepted by the initial transporter (Transporter 1 signature date), the generator must contact their transporter and designated facility to determine the location of the hazardous waste and the Manifest form. If a generator does not receive a signed final manifest within 45 days after the date of waste shipment, the generator must submit an Exception Report to DEC. (If a copy of the signed final manifest is uploaded into RCRAInfo by the designated facility and the generator has access to their manifests for their site in RCRAInfo, that meets the requirement for a generator to obtain a copy of the signed final manifest.)
Beginning on January 22, 2025, SQGs will no longer need to submit a full explanation of efforts taken to locate the shipment as a part of the Exception Report. Instead, the report will only need to include a copy of the manifest and some indication, like a note or letter, stating that the manifest shipment cannot be located. Additionally, SQGs will have 60 days from the date of shipment before they need to submit an Exception Report to DEC and will no longer be required to contact the transporter or designated facility about the shipment. Even after these new requirements become effective, DEC recommends that generators contact the designated facility to inquire about the location of their shipments as a best practice because the generator is still responsible for ensuring that their hazardous waste is properly disposed of.
Beginning on January 22, 2025, LQGs will have 45 days from the date of shipment before they’re required to contact the transporter and designated facility and 60 days from the date of shipment to submit their Exception Report to DEC.
Beginning on December 1, 2025, both SQGs and LQGs will be required to submit Exception Reports electronically in EPA’s e-Manifest system rather than to DEC.
Discrepancy Reports
For designated facilities located in New York State, upon discovering a discrepancy, the facility must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations, emails). If the discrepancy is not resolved within 15 days after receiving the waste, the designated facility must immediately submit a Discrepancy Report to the generator state and the disposer state consisting of a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest.
Beginning on January 22, 2025, TSDFs will have 20 days to resolve discrepancies before they must submit a Discrepancy Report to DEC. Beginning on December 1, 2025, designated facilities must submit Discrepancy Reports electronically in EPA’s e-Manifest system rather than mailing such reports to DEC and other state environmental agencies.
Unmanifested Waste Reports
Upon receipt of an unmanifested shipment of hazardous waste, the designated facility must determine the reason why the shipment is not accompanied by a manifest.
If the reason the shipment is unmanifested is that it originated from a conditionally exempt small quantity generator (CESQG) that is not required to use a manifest, or the shipment is transported in whole or in part by a rail or water (bulk) transporter and the requirements of section 6 NYCRR 372.7 are satisfied, then the designated facility must accept the waste for treatment, storage or disposal and no report is required.
If the shipment was transported in whole or in part by a rail or water (bulk) transporter and the manifest is not received by the designated facility within 15 calendar days of receipt, the designated facility must immediately file an unmanifested waste report with DEC.
If the unmanifested waste is not from a CESQG and not transported in whole or in part by a rail or water (bulk) transporter, and the facility is authorized to accept such waste, the designated facility may accept the waste for treatment, storage and disposal and must file an unmanifested waste report with DEC within 10 calendar days of receipt of the shipment.
Alternately, the designated facility may reject the shipment of hazardous waste, and instruct the transporter to return the hazardous waste to the generator, and must file an unmanifested waste report with DEC.
The unmanifested waste report should contain all of the information required by 6 NYCRR 373-2.5(b)(3)(ii).
When possible, DEC encourages designated facilities to accept unmanifested waste shipments as long as they are authorized to accept that specific waste and can properly manage it. Environmentally, it’s preferable for the designated facility to accept the unmanifested waste for proper treatment, storage, or disposal at their site and complete the necessary paperwork, instead of rejecting the unmanifested waste back to the generator.
Contact Information for DEC's Hazardous Waste Compliance and Technical Support Section
Hazardous waste manifest-related correspondence may be mailed to:
NYS Department of Environmental Conservation
Division of Materials Management
Hazardous Waste Compliance & Technical Support Section
625 Broadway
Albany, NY 12233-7252
Contact Information for Manifest-related Questions:
Hazardous Waste Compliance & Technical Support Section
Phone: (518) 402-8730
Fax: (518) 402-9024
E-Mail: [email protected]
DMM, Bureau of Hazardous Waste and Radiation Management
625 Broadway
Albany, NY 12233