Current through Register Vol. 48, No. 38, September 20, 2024
a)
Receipt of Manifested Hazardous Waste
1) If a
facility receives hazardous waste accompanied by a manifest, the owner,
operator, or its agent must sign and date the manifest, as indicated in
subsection (a)(2), 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 a facility receives a hazardous waste
shipment accompanied by a manifest, the owner, operator, or its agent must do
the following:
A) The owner, operator, or
agent must sign and date, by hand, each copy of the manifest;
B) The owner, operator, or agent must note
any discrepancies (as defined in 35 Ill. Adm. Code
724.172)
on each copy of the manifest;
C)
The owner, operator, or agent must immediately give the transporter at least
one copy of the manifest;
D) The
owner, operator, or agent must send a copy (Page 3) of the manifest to the
generator within 30 days after delivery;
E) Paper manifest submission requirements are
the following:
i) The owner, operator, or
agent must 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. In lieu of submitting the paper copy to the e-Manifest System
operator, the owner or operator may transmit to the e-Manifest System operator
an image file of Page 1 of the manifest and any continuation sheet, or both a
data string file and the image file corresponding to Page 1 of the manifest and
any continuation sheet, within 30 days after the date of delivery. Submissions
of copies to the e-Manifest System must 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, USEPA will not
accept mailed paper manifests from facilities for processing in the e-Manifest
System; and
ii) 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 e-Manifest System an
image file of Page 1 of the manifest and any continuation sheet, or by
transmitting to the e-Manifest System both a data file and the image file
corresponding to Page 1 of the manifest and any continuation sheet, within 30
days after the date of delivery. Submissions of copies to the e-Manifest System
must be made to the electronic mail/submission address specified at the
e-Manifest program website's directory of services. Beginning on June 30, 2021,
USEPA will not accept mailed paper manifests from facilities for processing in
the e-Manifest System; and
F) The owner, operator, or agent must retain
at the facility a copy of each manifest for at least three years after the date
of delivery.
3) The
owner or operator of a facility that receives hazardous waste subject to
Subpart H of 35 Ill. Adm. Code 722 from a foreign source must:
A) Additionally list the relevant consent
number from consent documentation supplied by USEPA to the facility for each
waste listed on the hazardous waste manifest (USEPA Form 8700-22), matched to
the relevant list number for the waste from block 9b. If additional space is
needed, the owner or operator should use Continuation Sheets (USEPA Form
8700-22A); and
B) Send a copy of
the manifest to USEPA using the addresses listed in 35 Ill. Adm. Code
722.182(e)
within 30 days of delivery until the facility can submit such a copy to the
e-Manifest system per subsection (a)(2)(E).
b) If a facility receives from a rail or
water (bulk shipment) transporter hazardous waste that is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the USEPA identification numbers, generator certification, and
signatures), the owner or operator or its agent must do each of the following:
1) It must 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) It must note any
significant discrepancies, as defined in Section
725.172(a),
in the manifest or shipping paper (if the manifest has not been received) on
each copy of the manifest or shipping paper;
BOARD NOTE: The owner or operator of a facility whose
procedures under Section
725.113(c)
include waste analysis need not perform that analysis before signing the
shipping paper and giving it to the transporter. Section
725.172(b),
however, requires reporting an unreconciled discrepancy discovered during later
analysis.
3) It must
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) The owner or operator
must 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 within 30 days after the delivery; and
BOARD NOTE: 35 Ill. Adm. Code
722.123(c)
requires the generator to send three copies of the manifest to the facility
when hazardous waste is sent by rail or water (bulk shipment).
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 35 Ill. Adm. Code 722. The
provisions of 35 Ill. Adm. Code
722.115,
722.116,
and
722.117
apply to the on-site accumulation of hazardous wastes by generators. Therefore,
the provisions of 35 Ill. Adm. Code 722.115, 722.116, and 722.117 only apply to
an owner or operator that ships hazardous waste that it generated at that
facility or operating as an LQG consolidating hazardous waste from VSQGs under
35 Ill. Adm. Code
722.117(f).
d) As required by
40 CFR
262.84(d)(2)(O), within
three working days after the receipt of a shipment subject to Subpart H of 35
Ill. Adm. Code 722, the owner or operator of a facility must provide a copy of
the movement document bearing all required signatures to the foreign exporter
and to the competent authorities of the countries of export and transit that
control the shipment as an export or transit of hazardous waste. On or after
the electronic import-export reporting compliance date, to USEPA electronically
using USEPA's WIETS. The original copy of the tracking document must be
maintained at the facility for at least three 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
USEPA's WIETS, provided that copies are readily available for viewing and
production if requested by any USEPA 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 USEPA's WIETS, 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. A facility must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
that state.
f) Legal Equivalence to
Paper Manifests. E-Manifests that are obtained, completed, transmitted in
accordance with 35 Ill. Adm. Code
722.120(a)(3),
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 35 Ill. Adm. Code 720 through
728 to obtain, complete, sign, provide, use, or retain a manifest.
1) Any requirement in 35 Ill. Adm. Code 720
through 728 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 35 Ill. Adm. Code
722.125.
2) Any requirement in 35 Ill. Adm. Code 720
through 728 to give, provide, send, forward, or to return to another person a
copy of the manifest is satisfied when a copy of an e-Manifest is transmitted
to the other person.
3) Any
requirement in 35 Ill. Adm. Code 720 through 728 for a manifest to accompany a
hazardous waste shipment is satisfied when a copy of an e-Manifest is
accessible during transportation and forwarded to the person or persons who are
scheduled to receive delivery of the hazardous waste shipment.
4) Any requirement in 35 Ill. Adm. Code 720
through 728 for an owner or operator to keep or retain a copy of each manifest
is satisfied by the retention of the facility's e-Manifest copies in its
account on the e-Manifest System, provided that such copies are readily
available for viewing and production if requested by any USEPA or Agency
inspector.
5) No owner or operator
may be held liable for the inability to produce an e-Manifest for inspection
under this Section if the owner or operator can demonstrate that the inability
to produce the e-Manifest is due exclusively to a technical difficulty with the
e-Manifest System for which the owner or operator bears no
responsibility.
g) An
owner or operator may participate in the e-Manifest System either by accessing
the e-Manifest System from the owner's or operator's electronic equipment, or
by accessing the e-Manifest System from portable equipment brought to the
owner's or operator's site by the transporter that 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 after
delivery of the hazardous 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 e-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 after the date of delivery.
i) Special Procedures Applicable to
Electronic Signature Methods Undergoing Tests. If an owner or operator using an
e-Manifest signs this manifest electronically using an electronic signature
method that is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, the owner or
operator must 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 must retain this original copy among its records for at least three
years after the date of delivery of the waste.
j) Imposition of User Fee for e-Manifest Use
1) As prescribed in
40 CFR
265.1311, incorporated by reference in 35
Ill. Adm. Code
720.111, and
determined in
40 CFR
265.1312, incorporated by reference in 35
Ill. Adm. Code 720.111, an owner or operator that is a user of the e-Manifest
System must be assessed a user fee by USEPA for the submission and processing
of each e-Manifest and paper manifest. USEPA has stated that it would update
the schedule of user fees and publish them to the user community, as provided
in
40 CFR
265.1313, incorporated by reference in 35
Ill. Adm. Code 720.111.
2) An owner
or operator subject to user fees under this Section must make user fee payments
in accordance with the requirements of
40 CFR
265.1314, incorporated by reference in 35
Ill. Adm. Code 720.111, subject to the informal fee dispute resolution process
of
40 CFR
265.1316, incorporated by reference in 35
Ill. Adm. Code 720.111, and subject to the sanctions for delinquent payments
under
40 CFR
265.1315, incorporated by reference in 35
Ill. Adm. Code 720.111.
k) E-Manifest Signatures. E-Manifest
signatures must meet the criteria described in 35 Ill. Adm. Code
722.125.
l) Post-Receipt Manifest
Data Corrections. After a facility has certified to the receipt of hazardous
wastes by signing Item 20 of the manifest, any interested person (i.e., any
waste handler shown on the manifest or the Agency) may submit any post-receipt
data corrections at any time.
1) An
interested person must make all corrections to manifest data by electronic
submission, either by directly entering corrected data to the web-based service
provided in the e-Manifest System 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:
A) The Manifest Tracking Number and date of
receipt by the facility of the original manifests for which data are being
corrected;
B) The item numbers of
the original manifest that is the subject of the submitted corrections;
and
C) 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 must include a
statement that the person submitting the corrections certifies that, to the
best of his or 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:
A) The person must execute the certification
statement with a valid electronic signature; and
B) The person may submit a batch upload of
data corrections under one certification statement.
4) Upon receipt by the e-Manifest 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 e-Manifest System,
certified by the respondent as specified in subsection (l)(3), and with notice
of the corrections to other interested persons shown on the manifest.
