Current through Register Vol. 47, No. 17, September 10, 2024
(a)
Manifest discrepancies are:
(1) Significant
differences (as defined by paragraph (b) of this section) between the quantity
or type of hazardous waste designated on the manifest or shipping paper, and
the quantity and type of hazardous waste a facility actually
receives;
(2) Rejected wastes,
which may be a full or partial shipment of hazardous waste that the TSDF cannot
accept; or
(3) Container residues,
which are residues that exceed the quantity limits for "empty" containers set
forth in § 261.7(b) of these regulations.
(b) Significant differences in quantity are:
For bulk waste, variations greater than 10 percent in weight; for batch waste,
any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant differences in type are obvious differences which can be discovered
by inspection or waste analysis, such as waste solvent substituted for waste
acid, or toxic constituents not reported on the manifest or shipping
paper.
(c) Upon discovering a
significant difference in quantity or type, the owner or operator must attempt
to reconcile the discrepancy with the waste generator or transporter (e.g.,
with telephone conversations). If the discrepancy is not resolved within 15
days after receiving the waste, the owner or operator must immediately submit
to the Department a letter describing the discrepancy and attempts to reconcile
it, and a copy of the manifest or shipping paper at issue.
(d)
(1) Upon
rejecting waste or identifying a container residue that exceeds the quantity
limits for "empty" containers set forth in § 261.7(b) of these
regulations, the facility must consult with the generator prior to forwarding
the waste to another facility that can manage the waste. If it is impossible to
locate an alternative facility that can receive the waste, the facility may
return the rejected waste or residue to the generator. The facility must send
the waste to the alternative facility or to the generator within 60 days of the
rejection or the container residue identification.
(2) While the facility is making arrangements
for forwarding rejected wastes or residues to another facility under this
section, it must ensure that either the delivering transporter retains custody
of the waste, or, the facility must provide for secure, temporary custody of
the waste, pending delivery of the waste to the first transporter designated on
the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in
paragraph (e)(7) of this section, for full or partial load rejections and
residues that are to be sent off-site to an alternate facility, the facility is
required to prepare a new manifest in accordance with § 262.20(a) of these
regulations and the following instructions:
(1) Write the generator's U.S. EPA ID number
in Item 1 of the new manifest. Write the generator's name and mailing address
in Item 5 of the new manifest. If the mailing address is different from the
generator's site address, then write the generator's site address in the
designated space for Item 5.
(2)
Write the name of the alternate designated facility and the facility's U.S. EPA
ID number in the designated facility block (Item 8) of the new
manifest.
(3) Copy the manifest
tracking number found in Item 4 of the old manifest to the Special Handling and
Additional Information Block of the new manifest, and indicate that the
shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as the offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation, and mail a signed copy of the manifest to the
generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the
original manifest and supplying the information on the next destination
facility in the Alternate Facility space. The facility must retain a copy of
this manifest for its records, and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in
paragraph (f)(7) of this section, for rejected wastes and residues that must be
sent back to the generator, the facility is required to prepare a new manifest
in accordance with § 262.20(a) of these regulations and the following
instructions:
(1) Write the facility's U.S.
EPA ID number in Item 1 of the new manifest. Write the facility's name and
mailing address in Item 5 of the new manifest. If the mailing address is
different from the facility's site address, then write the facility's site
address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA ID number in the designated facility block (Item
8) of the new manifest.
(3) Copy
the manifest tracking number found in Item 4 of the old manifest to the Special
Handling and Additional Information Block of the new manifest, and indicate
that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest
tracking number found in Item 4 of the new manifest to the manifest reference
number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation.
(7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility must
retain a copy for its records and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility must use a new manifest and comply with
paragraphs (f)(1), (2), (3), (4), (5), (6) and (8) of this section.
(8) For full or partial load rejections and
container residues contained in non-empty containers that are returned to the
generator, the facility must also comply with the exception reporting
requirements in § 262.42(a).
(g) If a facility rejects a waste or
identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in § 261.7(b) of these regulations after it has
signed, dated, and returned a copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the
manifest to indicate the rejected wastes or residues in the discrepancy space
of the amended manifest. The facility must also copy the manifest tracking
number from Item 4 of the new manifest to the Discrepancy space of the amended
manifest, and must re-sign and date the manifest to certify to the information
as amended. The facility must retain the amended manifest for at least three
years from the date of amendment, and must within 30 days, send a copy of the
amended manifest to the transporter and generator that received copies prior to
their being amended.
