Current through Register Vol. 50, No. 9, September 20, 2024
A. A
transporter may not accept hazardous waste from a generator or another
transporter unless it is accompanied by a manifest form (EPA Form 8700-22, and
if necessary, EPA Form 8700-22A), signed by the generator in accordance with
the provisions of LAC 33:V.1107, or is provided with an electronic manifest
that is obtained, completed, and transmitted in accordance with LAC
33:V1107.A.9, and signed with a valid and enforceable electronic signature as
described in LAC 33:V1107.G. The transportation of any hazardous wastes without
a manifest shall be deemed a violation of these regulations and the Act. In the
case of exports other than those subject to LAC 33:V.1125, a transporter may
not accept such waste from a primary exporter or other person:
1. if he knows the shipment does not conform
to the EPA Acknowledgment of Consent; and
2. unless, in addition to a manifest signed
by the generator, such waste is also accompanied by an EPA acknowledgment of
consent which, except for shipments by rail, is attached to the manifest, or
shipping paper for exports by water (bulk shipment). For exports of hazardous
waste subject to the requirements of LAC 33:V. 1125, a transporter may not
accept hazardous waste without a tracking document that includes all
information required by LAC 33:V.1127.D.
B. Before transporting the hazardous waste,
the transporter must sign and date the manifest acknowledging acceptance of the
hazardous waste from the generator or other transporter. The transporter must
return a signed copy to the generator or other transporter before leaving the
generator's property or other transporter's facility.
C. The transporter must ensure that the
manifest accompanies the hazardous waste, except as provided for bulk water or
rail transport in LAC 33:V.1307.E and F. In the case of exports, the
transporter must ensure that a copy of the EPA Acknowledgment of Consent also
accompanies the hazardous waste.
D.
A transporter who delivers a hazardous waste to another transporter or to the
designated facility must:
1. obtain the date
of delivery and the handwritten signature of that transporter or of the owner
or operator of the designated facility on the manifest;
2. retain one copy of the manifest in
accordance with LAC 33:V.1311; and
3. give the remaining copies of the manifest
to the accepting transporter or designated facility.
E. The requirements of LAC 33:V.1307.C, D and
F do not apply to water (bulk shipment) transporters if:
1. the hazardous waste is delivered by water
(bulk shipment) to the designated facility;
2. a shipping paper containing all the
information required on the manifest (excluding the EPA identification number,
generator certification and signature) and, for exports, an EPA Acknowledgment
of Consent accompanies the hazardous waste;
3. the delivering transporter obtains the
date of delivery and handwritten signature of the owner and operator of the
designated facility on either the manifest or the shipping paper;
4. the person delivering the hazardous waste
to the initial water (bulk shipment) transporter obtains the date of delivery
and signature of the water (bulk shipment) transporter on the manifest and
forwards it to the designated facility; and
5. a copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with LAC
33:V.1311.B.
F. For
shipments involving rail transportation, the requirements of LAC 33:V.1307.C, D
and E do not apply and the following requirements do apply.
1. When accepting hazardous waste from a
non-rail transporter, the initial rail transporter must:
a. sign and date the manifest acknowledging
acceptance of the hazardous waste;
b. return a signed copy of the manifest to
the non-rail transporter;
c.
forward at least three copies of the manifest to:
i. the next non-rail transporter, if
any;
ii. the designated facility,
if the shipment is delivered to that facility by rail; or
iii. the last rail transporter designated to
handle the waste in the United States;
d. retain one copy of the manifest and rail
shipping paper in accordance with LAC 33:V.1311;
2. rail transporters must ensure that a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator certification, and
signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the
hazardous waste at all times;
[NOTE: Intermediate rail transporters are not required to
sign either the manifest or shipping paper.]
3. when delivering hazardous waste to the
designated facility, a rail transporter must:
a. obtain the date of delivery and
handwritten signature of the owner or operator of the designated facility on
the manifest or the shipping paper (if the manifest has not been received by
the facility); and
b. retain a copy
of the manifest or signed shipping paper in accordance with LAC
33:V.1311;
4. when
delivering hazardous waste to a non-rail transporter, a rail transporter must:
a. obtain the date of delivery and the
handwritten signature of the next non-rail transporter on the manifest;
and
b. retain a copy of the
manifest in accordance with LAC 33:V.1311; and
5. before accepting hazardous waste from a
rail transporter, a non-rail transporter must sign and date the manifest or the
shipping paper and provide a copy to the rail transporter.
G. Transporters who transport hazardous waste
out of the United States must:
1. sign and
date the manifest in the International Shipments block to indicate the date
that the shipment left the United States;
2. retain one copy in accordance with LAC
33:V.1311.D;
3. return a signed
copy of the manifest to the generator; and
4. give a copy of the manifest to a United
States Customs official at the point of departure from the United
States.
H. A transporter
transporting hazardous waste from a generator who generates greater than 100
kg, but less than 1000 kg, of hazardous waste in a calendar month need not
comply with the requirements of this Section or those of LAC 33:V.1311 provided
that:
1. the waste is being transported in
accordance with a reclamation agreement as provided for in LAC
33:V.1107.A.4;
2. the transporter
records, on a log or shipping paper, the following information for each
shipment:
a. the name, address, and EPA
identification number of the generator of the waste;
b. the quantity of waste accepted;
c. all DOT-required shipping information;
and
d. the date the waste is
accepted;
3. the
transporter carries this record when transporting waste to the reclamation
facility; and
4. the transporter
retains these records for a period of at least three years after termination or
expiration of the agreement.
I. Use of Electronic Manifest-Legal
Equivalence to Paper Forms for Participating Transporters. Electronic manifests
that are obtained, completed, and transmitted in accordance with LAC
33:V.1107.A.9, and used in accordance with this Section in lieu of EPA Forms
8700-22 and 8700-22A, 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, carry, provide, give, use, or retain a
manifest.
1. Any requirement in these
regulations 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 LAC
33:V.1107.G.
2. Any requirement in
these regulations to give, provide, send, forward, or return to another person
a copy of the manifest is satisfied when a copy of an electronic manifest is
transmitted to the other person by submission to the system.
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,
except that to the extent that the hazardous materials regulation on shipping
papers for carriage by public highway requires transporters of hazardous
materials to carry a paper document to comply with
49 CFR 177.817, a
hazardous waste transporter must carry one printed copy of the electronic
manifest on the transport vehicle.
4. Any requirement in these regulations for a
transporter to keep or retain a copy of a manifest is satisfied by the
retention of an electronic manifest in the transporters account on the
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 transporter may be held liable for the
inability to produce an electronic manifest for inspection under this Section,
if that transporter can demonstrate that the inability to produce the
electronic manifest is exclusively due to a technical difficulty with the EPA
system for which the transporter bears no responsibility.
J. A transporter may participate in the
electronic manifest system either by accessing the electronic manifest system
from the transporters own electronic equipment, or by accessing the electronic
manifest system from the equipment provided by a participating generator, by
another transporter, or by a designated facility.
K. Special Procedures when Electronic
Manifest is not Available. If after a manifest has been originated
electronically and signed electronically by the initial transporter, and the
electronic manifest system should become unavailable for any reason, then the
following requirements shall be met:
1. the
transporter in possession of the hazardous waste when the electronic manifest
becomes unavailable shall reproduce sufficient copies of the printed manifest
that is carried on the transport vehicle pursuant to LAC 33:V.1307.I.1.c, or
obtain and complete another paper manifest for this purpose. The transporter
shall reproduce sufficient copies to provide the transporter and all subsequent
waste handlers with a copy for their files, plus two additional copies that
will be delivered to the designated facility with the hazardous
waste;
2. on each printed copy, the
transporter shall include a notation in the special handling and additional
description space (item 14) that the paper manifest is a replacement manifest
for a manifest originated in the electronic manifest system, shall include (if
not pre-printed on the replacement manifest) the manifest tracking number of
the electronic manifest that is replaced by the paper manifest, and shall also
include a brief explanation why the electronic manifest was not available for
completing the tracking of the shipment electronically;
3. a transporter signing a replacement
manifest to acknowledge receipt of the hazardous waste must ensure that each
paper copy is individually signed and that a legible handwritten signature
appears on each copy; and
4. from
the point at which the electronic manifest is no longer available for tracking
the waste shipment, the paper replacement manifest copies shall be carried,
signed, retained as records, and given to a subsequent transporter or to the
designated facility, following the instructions, procedures, and requirements
that apply to the use of all other paper manifests.
L. Special Procedures for Electronic
Signature Methods Undergoing Tests. If a transporter 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
transporter shall sign the electronic manifest electronically, and also sign
with an ink signature the transporter acknowledgement of receipt of materials
on the printed copy of the manifest that is carried on the vehicle in
accordance with LAC 33:V.1307.I.1.c. This printed copy bearing the generators
and transporters ink signatures shall also be presented by the transporter to
the designated facility to sign in ink to indicate the receipt of the waste
materials or to indicate discrepancies. After the owner/operator of the
designated facility has signed this printed manifest copy with its ink
signature, the printed manifest copy shall be delivered to the designated
facility with the waste materials.
M. Imposition of User Fee for Electronic
Manifest Use. A transporter who is a user of the electronic manifest may be
assessed a user fee by EPA for the origination or processing of each electronic
manifest. EPA shall maintain and update from time-to-time the current schedule
of electronic manifest user fees, which shall be determined based on current
and projected system costs and level of use of the electronic manifest system.
The current schedule of electronic manifest user fees shall be published as an
appendix to 40 CFR part 262.
N.
Electronic Manifest Signatures. Electronic manifest signatures shall meet the
criteria described in LAC 33:V.1107.G.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
