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Mr. Juston Smithers - 6 - February 11, 2015 recycling facility in North Carolina. The above requirements for returning the completed manifest to DTSC are applicable to the first destination facility only (i.e., the first out-of-state facility that receives the waste). If the waste is stored at a facility in Arizona or Nevada, the storage facility would be considered the destination facility, and should be identified on the manifest as such with a signature certifying receipt of the waste. A hazardous waste manifest would not be required to transport the waste from Arizona or Nevada to North Carolina. On the other hand, if the waste is shipped directly from the customer facility to North Carolina, the North Carolina facility would be the destination facility and must be identified as such on the completed manifest. In either case, the facility in Europe where the ash is ultimately sent for precious metals smelting and refining is not considered the destination facility, because the ash is no longer within DTSC's jurisdiction once it is outside California. This is also the basis for the requirement that the generator, rather than the destination facility, is required to send the signed manifest to DTSC, because DTSC only has jurisdiction over the California waste generator and the California waste transporter. Finally, it is noted that Nevada hazardous waste rules (Nevada Administrative Code 444.8565) include in the definition of a hazardous waste "waste that is brought into this state which is designated as hazardous waste in the state of its origin." There is no comparable rule in Arizona. Consequently, an out-of-state storage facility for aggregation of ash would be more feasible in Arizona than Nevada, as the ash would not be regulated as hazardous waste in Arizona. For the purposes of the remaining discussion in this letter, we have assumed that any such aggregation facility would be located in Arizona. Summary of Applicable Requirements Requirements applicable to the DPFs are as follows: • The DPFs are not subject to hazardous waste regulation, regardless of whether or not they contain ash, unless the weight fraction of ash within the DPF is substantially greater than the maximum weight fraction considered in this analysis (i.e., approximately 5 percent). • There may be applicable Department of Transportation (DOT) requirements pertaining to packaging and labeling, although the requirements depend on the specific shipment configuration and there are numerous exemptions for small and limited quantities that are specific to the hazards of the material. As we discussed previously, the transportation company that ships the DPFs may be able to provide assistance with these requirements. Requirements applicable to the ash are as follows: • The ash must be placed in a closed container as soon as it is generated as a waste at the customer site and labeled with the words "hazardous waste" and the following information: generator name and address (corresponding to the customer site), accumulation start date, composition (diesel exhaust ash containing zinc and chromium), hazardous properties (toxicity), and physical state of the waste (solid). The waste container must be kept closed except when adding waste and must be inspected weekly for signs for signs of container deterioration or other signs of actual or potential waste releases. REGEIVEL)