Current through Register Vol. 47, No. 17, September 10, 2024
(a)
(1) If a facility receives hazardous waste
accompanied by a manifest, the owner, operator or his/her agent must sign and
date the manifest as indicated in paragraph (a)(2) of this section to certify
that the hazardous waste covered by the manifest was received, that the
hazardous waste was received except as noted in the discrepancy space of the
manifest, or that the hazardous waste was rejected as noted in the manifest
discrepancy space.
(2) If the
facility receives a hazardous waste shipment accompanied by a manifest, the
owner, operator or his/her agent must:
(i)
Sign and date each copy of the manifest;
(ii) Note any discrepancies (as defined in
§264.72) on each copy of the manifest;
(iii) Immediately give the transporter at
least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy
(Page 2) of the manifest to the generator;
(v) Paper manifest submission requirements
are:
(A)
Options for compliance on June
30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any
paper manifest and any paper continuation sheet to the e-Manifest system for
purposes of data entry and processing, or in lieu of submitting the paper copy
to EPA, the owner or operator may transmit to the EPA system an image file of
Page 1 of the manifest and any continuation sheet, or both a data file and
image file corresponding to Page 1 of the manifest and any continuation sheet,
within 30 days of the date of delivery. Submissions of copies to the e-Manifest
system shall be made at the mailing address or electronic mail/submission
address specified at the e-Manifest program website's directory of services.
Beginning on June 30, 2021, EPA will not accept mailed paper manifests from
facilities for processing in e-Manifest.
(B)
Options for compliance on June 30,
2021. Beginning on June 30, 2021, the requirement to submit the top copy
(Page 1) of the paper manifest and any paper continuation sheet to the
e-Manifest system for purposes of data entry and processing may be met by the
owner or operator only by transmitting to the EPA system an image file of Page
1 of the manifest and any continuation sheet, or by transmitting to the EPA
system both a data file and the image file corresponding to Page 1 of the
manifest and any continuation sheet, within 30 days of the date of delivery.
Submissions of copies to the e-Manifest system shall be made to the electronic
mail/submission address specified at the e-Manifest program website's directory
of services; and
(vi)
Retain at the facility a copy of each manifest for at least three years from
the date of delivery.
(3)
The owner or operator of a facility receiving hazardous waste subject to Part
262, Subpart H from a foreign source must:
(i)
Additionally list the relevant consent number from consent documentation
supplied by EPA to the facility for each waste listed on the manifest, matched
to the relevant list number for the waste from block 9b. If additional space is
needed, the owner or operator should use a Continuation Sheet(s) (EPA Form
8700-22A); and
(ii) Send a copy of
the manifest within thirty (30) days of delivery to EPA using the addresses
listed in §262.82 until the facility can submit such a copy to the
e-Manifest system per paragraph (a)(2)(v) of this
section.
(b) If
a facility receives, from a rail or water (bulk shipment) transporter,
hazardous waste which is accompanied by a shipping paper containing all the
information required on the manifest (excluding the EPA identification numbers,
generator's certification, and signatures), the owner or operator, or his/her
agent, must:
(1) Sign and date each copy of
the manifest or shipping paper (if the manifest has not been received) to
certify that the hazardous waste covered by the manifest or shipping paper was
received;
(2) Note any significant
discrepancies (as defined in §264.72) in the manifest or shipping paper
(if the manifest has not been received) on each copy of the manifest or
shipping paper.
(3) Immediately
give the rail or water (bulk shipment) transporter at least one copy of the
manifest or shipping paper (if the manifest has not been received);
(4) Within 30 days after the delivery, send a
copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within 30 days after
delivery) to the generator; and
(5)
Retain at the facility a copy of the manifest and shipping paper (if signed in
lieu of the manifest at the time of delivery) for at least three years from the
date of delivery.
(c)
Whenever a shipment of hazardous waste is initiated from a facility, the owner
or operator of that facility must comply with the requirements of Part 262 of
these regulations. The provisions of §§262.15 , 262.16 , and 262.17
of these regulations are applicable to the on-site accumulation of hazardous
wastes by generators. Therefore, the provisions of §§262.15 , 262.16
, and 262.17 of these regulations only apply to owners or operators who are
shipping hazardous waste which they generated at that facility or operating as
a large quantity generator consolidating hazardous waste from very small
quantity generators under § 262.17(f).
(d) As per §262.84 , within three (3)
working days of the receipt of a shipment subject to Part 262, Subpart H, the
owner or operator of a facility must provide a copy of the movement document
bearing all required signatures to the foreign exporter; to the competent
authorities of the countries of export and transit that control the shipment as
an export and transit of hazardous waste respectively; and on or after December
31, 2017, to EPA electronically using EPA's Waste Import Export Tracking System
(WIETS), or its successor system. The original copy of the movement document
must be maintained at the facility for at least three (3) years from the date
of signature. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in
the facility's account on EPA's Waste Import Export Tracking System (WIETS), or
its successor system, provided that copies are readily available for viewing
and production if requested by any EPA or authorized state inspector. No owner
or operator of a facility may be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with EPA's Waste Import Export Tracking
System (WIETS), or its successor system, for which the owner or operator of a
facility bears no responsibility.
(e) A facility must determine whether the
consignment state for a shipment regulates any additional wastes (beyond those
regulated Federally) as hazardous wastes under its state hazardous waste
program. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.
(f)
Legal
equivalence to paper manifests. Electronic manifests that are obtained,
completed, and transmitted in accordance with §262.20 of these
regulations, and used in accordance with this section in lieu of the paper
manifest form are the legal equivalent of paper manifest forms bearing
handwritten signatures, and satisfy for all purposes any requirement in these
regulations to obtain, complete, sign, provide, use, or retain a manifest.
(1) Any requirement in these regulations for
the owner or operator of a facility to sign a manifest or manifest
certification by hand, or to obtain a handwritten signature, is satisfied by
signing with or obtaining a valid and enforceable electronic signature within
the meaning of 40 CFR §
262.25.
(2) Any requirement in these regulations to
give, provide, send, forward, or to return to another person a copy of the
manifest is satisfied when a copy of an electronic manifest is transmitted to
the other person.
(3) Any
requirement in these regulations for a manifest to accompany a hazardous waste
shipment is satisfied when a copy of an electronic manifest is accessible
during transportation and forwarded to the person or persons who are scheduled
to receive delivery of the waste shipment.
(4) Any requirement in these regulations for
an owner or operator to keep or retain a copy of each manifest is satisfied by
the retention of the facility's electronic manifest copies in its account on
the national e-Manifest system, provided that such copies are readily available
for viewing and production if requested by any EPA or authorized state
inspector.
(5) No owner or operator
may be held liable for the inability to produce an electronic manifest for
inspection under this section if the owner or operator can demonstrate that the
inability to produce the electronic manifest is due exclusively to a technical
difficulty with the national electronic manifest system for which the owner or
operator bears no responsibility.
(g) An owner or operator may participate in
the national electronic manifest system either by accessing the national
electronic manifest system from the owner's or operator's electronic equipment,
or by accessing the national electronic manifest system from portable equipment
brought to the owner's or operator's site by the transporter who delivers the
waste shipment to the facility.
(h)
Special procedures applicable to replacement manifests. If a
facility receives hazardous waste that is accompanied by a paper replacement
manifest for a manifest that was originated electronically, the following
procedures apply to the delivery of the hazardous waste by the final
transporter:
(1) Upon delivery of the
hazardous waste to the designated facility, the owner or operator must sign and
date each copy of the paper replacement manifest by hand in Item 20 (Designated
Facility Certification of Receipt) and note any discrepancies in Item 18
(Discrepancy Indication Space) of the paper replacement manifest,
(2) The owner or operator of the facility
must give back to the final transporter one copy of the paper replacement
manifest,
(3) Within 30 days of
delivery of the waste to the designated facility, the owner or operator of the
facility must send one signed and dated copy of the paper replacement manifest
to the generator, and send an additional signed and dated copy of the paper
replacement manifest to the national electronic manifest system, and
(4) The owner or operator of the facility
must retain at the facility one copy of the paper replacement manifest for at
least three years from the date of delivery.
(i)
Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator
using an electronic manifest signs this manifest electronically using an
electronic signature method which is undergoing pilot or demonstration tests
aimed at demonstrating the practicality or legal dependability of the signature
method, then the owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed copy of the
manifest provided by the transporter. Upon executing its ink signature on this
printed copy, the owner or operator shall retain this original copy among its
records for at least 3 years from the date of delivery of the waste.
(j) Imposition of user fee for manifest
submissions.
(1) As prescribed in
40 CFR §
264.1311, and determined in
40 CFR §
264.1312, an owner or operator who is a user
of the national electronic manifest system shall be assessed a user fee by EPA
for the submission and processing of each electronic and paper manifest. EPA
shall update the schedule of user fees and publish them to the user community,
as provided in 40 CFR §
264.1313. Subpart FF of 40 CFR part 264 is
incorporated by reference to include those versions in effect as of the date
this regulation was adopted, and does not include later amendments to the
incorporated material. Materials incorporated by reference are available for
public inspection during normal business hours from the Hazardous Materials and
Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246.
Copies may also be found at the Environmental Protection Agency through the
Government Printing Office at
https://www.govinfo.gov/app/collection/cfr/(2) An owner or operator subject to user fees
under this section shall make user fee payments in accordance with the
requirements of 40 CFR
§
264.1314, subject to the informal fee
dispute resolution process of
40 CFR §
264.1316, and subject to the sanctions for
delinquent payments under 40
CFR §
264.1315.
(k)
Electronic manifest
signatures. Electronic manifest signatures shall meet the criteria
described in 40 CFR §
262.25.
(l)
Post-receipt manifest data
corrections. After facilities have certified to the receipt of hazardous
wastes by signing Item 20 of the manifest, any post-receipt data corrections
may be submitted at any time by any interested person (e.g., waste handler)
shown on the manifest.
(1) Interested persons
must make all corrections to manifest data by electronic submission, either by
directly entering corrected data to the web based service provided in
e-Manifest for such corrections, or by an upload of a data file containing data
corrections relating to one or more previously submitted manifests.
(2) Each correction submission must include
the following information:
(i) The Manifest
Tracking Number and date of receipt by the facility of the original manifest(s)
for which data are being corrected;
(ii) The item number(s) of the original
manifest that is the subject of the submitted correction(s); and
(iii) For each item number with corrected
data, the data previously entered and the corresponding data as corrected by
the correction submission.
(3) Each correction submission shall include
a statement that the person submitting the corrections certifies that to the
best of his/her knowledge or belief, the corrections that are included in the
submission will cause the information reported about the previously received
hazardous wastes to be true, accurate, and complete:
(i) The certification statement must be
executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
be submitted under one certification statement.
(4) Upon receipt by the system of any
correction submission, other interested persons shown on the manifest will be
provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
manifest may respond to the submitter's corrections with comments to the
submitter, or by submitting another correction to the system, certified by the
respondent as specified in paragraph (l)(3) of this section, and with notice of
the corrections to other interested persons shown on the manifest.
