Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicability
1. The regulations in this Section apply to
owners and operators of both on-site and off-site TSD facilities, except as LAC
33:V.1501 provides. Subsections B, C, and D of this Section do not apply to
owners and operators that do not receive any hazardous waste from off-site
sources, or to off-site facilities with respect to military munitions exempt
from requirements. Paragraph C.3 of this Section only applies to permitees who
treat, store, or dispose of hazardous wastes on-site where such wastes were
generated.
2. The revised manifest
form and procedures in 40 CFR part 262 and the Appendix to Part 262 shall be
effective as of September 5, 2006. As of September 5, 2006, Uniform Hazardous
Waste Manifest forms must be obtained only from EPA-registered and approved
sources as identified by the Manifest Registry. Contact the Office of
Environmental Services, or access the U.S. Environmental Protection Agency's
website to obtain information on EPA-registered and approved sources.
B. Use of the Manifest System
1. If a facility receives a hazardous waste
accompanied by a manifest, the owner or operator, or his or her agent, shall:
a. sign and date each copy of the manifest to
certify that the hazardous waste covered by the manifest was received, the
waste was received except as noted in the Discrepancy block, or the waste was
rejected;
b. note any significant
discrepancies in the manifest (as defined in Paragraph C.1 of this Section) on
each copy of the manifest. The administrative authority does not intend that
the owner or operator of a facility whose procedures under LAC 33:V.1519.C
include waste analysis must perform that analysis before signing the manifest
and giving it to the transporter. Paragraph C.3 of this Section, however,
requires reporting an unreconciled discrepancy discovered during later
analysis;
c. immediately give the
transporter at least one copy of the signed manifest;
d. within 30 working days after the delivery,
send a signed copy of the manifest to the generator; and
e. within 30 days of delivery, send the top
copy (page 1) of the manifest to the e-manifest system for purposes of data
entry and processing. In lieu of mailing this paper copy to EPA, the owner or
operator may transmit to the EPA system an image file of page 1 of the
manifest, or both a data string file and the image file corresponding to page 1
of the manifest. Any data or image files transmitted to EPA under this
Subparagraph must be submitted in data file and image file formats that are
acceptable to EPA and that are supported by EPAs electronic reporting
requirements and by the electronic manifest system; and
f. retain at the facility a copy of each
manifest for at least three years from the date of delivery.
2. 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 EPA identification numbers, generator's certification, and
signatures), the owner or operator, or his agent, shall:
a. sign and date each copy of the manifest,
or the shipping paper if the manifest has not been received, to certify that
the hazardous waste covered by the manifest or shipping paper was
received;
b. note any significant
discrepancies (as defined in Paragraph C.1 of this Section) in the manifest, or
the shipping paper if the manifest has not been received, on each copy of the
manifest or shipping paper. The administrative authority does not intend that
the owner or operator of a facility whose procedures under LAC 33:V.1519.C
include waste analysis must perform that analysis before signing the shipping
paper and giving it to the transporter. Paragraph C.3 of this Section, however,
requires reporting an unreconciled discrepancy discovered during later
analysis;
c. immediately give the
rail or water (bulk shipment) transporter at least one copy of the manifest, or
the shipping paper if the manifest has not been received;
d. 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
COMMENT: LAC 33:V.1107.D.3 requires the generator to send
three copies of the manifest to the facility when hazardous waste is sent in
bulk shipment by water.
e.
retain at the facility a copy of the manifest, and the shipping paper if signed
in lieu of the manifest at the time of delivery, for at least three years from
the date of delivery.
3.
Whenever a shipment of hazardous waste is initiated from a facility, the owner
or operator of that facility must comply with the requirements of LAC
33:V.Chapters 10 and 11. The provisions of LAC 33:V.1013, 1015, and 1017 are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of LAC 33:V.1013, 1015, and 1017 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 LAC 33:V.1015.G.
4. Within three working days of the receipt
of a shipment subject to LAC 33:V.Chapter 11.Subchapter B, the owner or
operator of the facility shall provide a copy of the movement document bearing
all required signatures to the exporter, to the Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International Compliance
Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave, NW, Washington, DC 20460, and to competent authorities of all other
concerned countries. The original copy of the movement document shall be
maintained at the facility for at least three years from the date of
signature.
5. If a facility
receives hazardous waste imported from a foreign source, the receiving facility
shall mail a copy of the manifest and documentation confirming EPAs consent to
the import of hazardous waste to the following address within 30 days of
delivery: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division (2254A), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, D.C.
20460-0001.
6. A facility shall
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 shall also determine whether the
consignment state or generator state requires the facility to submit any copies
of the manifest to these states.
C. Manifest Discrepancies
1. Manifest discrepancies are:
a. significant differences between the
quantity or type of waste designated on the manifest and the quantity or type
of waste a facility actually receives;
b. rejected wastes, either full or partial
shipment, the TSD facility cannot accept; or
c. container residues exceeding the quantity
for empty containers, as defined in LAC 33:V.109.
2. Significant discrepancies in
quantity are, for bulk waste, greater than 10 percent in weight and, for batch
waste, variation in piece count. Discrepancies in type are those discovered
through inspection or waste analysis, or toxic constituents not reported on the
manifest.
3. Upon discovering a
significant discrepancy, the owner or operator shall 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 shall immediately submit to the
Office of Environmental Services a letter describing the discrepancy and
attempts to reconcile it, and a copy of the manifest or shipping paper at
issue.
4. Rejected Wastes or
Residues
a. Upon rejecting waste or
identifying container residue exceeding "empty" limits, the facility shall
consult the generator prior to forwarding waste to a facility that can manage
it. If it is impossible to locate an alternate facility, the facility may
return the rejected waste to the generator. Waste must be sent to an alternate
facility or returned to the generator within 60 days of rejection.
b. While the facility is making arrangements
for forwarding rejected wastes or residues, it shall ensure that either the
delivering transporter retains custody of the waste, or the facility provides
custody of the waste, pending delivery of the waste to the first transporter
designated on the manifest prepared under Paragraph C.5 or 6 of this
Section.
5. Alternate
Facility
a. Except as provided in
Subparagraph C.5.b of this Section, for rejected wastes or residues to be sent
to an alternate facility, the facility is required to prepare a new manifest in
accordance with LAC 33:V.1107 and the following instructions.
i. Write the generator's EPA ID number in
Item 1 of the new manifest. Write the generator's name and mailing address in
Item 5, or if the generator's site address is different, write the site address
in Item 5.
ii. Write the name and
EPA ID number of the alternate facility in Item 8 of the new
manifest.
iii. Copy the manifest
tracking number 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 rejected waste or residue from the previous shipment.
iv. Copy the manifest tracking number in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
block of the old manifest (Item 18a).
v. Write the DOT description for the rejected
waste or residue in Item 9 of the new manifest and enter the container type,
quantity, and waste volume.
vi.
Sign the generator's/offeror's certification to certify that the waste has been
properly packaged, marked, and labeled, and is in condition for transportation,
and mail a signed copy of the manifest to the generator identified in Item 5 of
the new manifest.
b. For
full load rejections made while the transporter remains 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 in
the Alternate Facility block. The facility must retain a copy of this manifest
for its records and give the remaining copies to the transporter. If the
original manifest is not used, then the facility must use a new manifest and
comply with Clauses C.5.a.i-vi of this Section.
6. Return to Generator
a. Except as provided in Subparagraph C.6.b
of this Section, for rejected wastes or residues that must be sent back to the
generator, the facility is required to prepare a new manifest in accordance
with LAC 33:V.1107 and the following instructions.
i. Write the facility's EPA ID number in Item
1 of the new manifest. Write the facility's name and mailing address in Item 5,
unless the mailing address is different, then write the facility's site address
in the designated space for Item 5 of the new manifest.
ii. Write the name and EPA ID number of the
initial generator in Item 8 of the new manifest.
iii. Copy the manifest tracking number 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 rejected waste or
residue from the previous shipment.
iv. Copy the manifest tracking number in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
block of the old manifest (Item 18a).
v. Write the DOT description for the rejected
waste or residue in Item 9 of the new manifest and enter the container type,
quantity, and waste volume.
vi.
Sign the generator's/offeror's certification to certify that the waste has been
properly packaged, marked, and labeled, and is in condition for
transportation.
b. For
full load rejections made while the transporter remains at the facility, the
facility may return the rejected shipment to the generator with the original
manifest by completing Items 18a and 18b of the original manifest and supplying
the generator's information in the Alternate Facility block. The facility must
retain a copy of this manifest for its records and 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
Clauses C.6.a.i-vi and Subparagraph C.6.c of this Section.
c. 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 LAC 33:V.1023.
7. If a facility rejects waste, or identifies
residue that exceeds the limits for empty containers, as
defined in LAC 33:V.109, after it has signed, dated, and returned a copy of the
manifest to the delivering transporter or generator, the facility shall amend
its copy of the manifest to indicate the rejected waste or residue in the
Discrepancy block of the amended manifest. The facility shall also copy the
manifest tracking number in Item 4 of the new manifest to the Discrepancy block
of the amended manifest, and shall re-sign and date the manifest to certify
that the information is amended. The facility shall retain the amended manifest
for at least three years, and shall send a copy of the amended manifest to the
transporter and generator that received copies prior to amendment within 30
days.
D. Unmanifested
Waste Report. If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying manifest, or
without an accompanying shipping paper as described in LAC 33:V.1307.E.2, and
if the waste is not excluded from the manifest requirements by LAC 33:V.1009,
then the owner or operator must prepare and submit a single copy of a report to
the administrative authority within 15 days after receiving the waste. The
unmanifested waste report must be submitted to the Office of Environmental
Services. The report must be designated "Unmanifested Waste Report" and include
the following information:
1. the EPA
identification number, name, and address of the facility;
2. the date the facility received the
waste;
3. the EPA identification
number, name, and address of the generator and the transporter, if
available;
4. a description and the
quantity of each unmanifested hazardous waste the facility received;
5. the method of treatment, storage, or
disposal for each hazardous waste;
6. the certification signed by the owner or
operator of the facility, or his authorized representative; and
7. a brief explanation of why the waste was
unmanifested, if known.
COMMENT: Small quantities of hazardous waste are excluded
from regulation under LAC 33:V.Chapters 15-21, 23-29, and 31-37 and do not
require a manifest. Where a facility receives unmanifested hazardous wastes,
the department suggests that the owner or operator obtain from each generator a
certification that the waste qualifies for exclusion. Otherwise, the department
suggests that the owner or operator file an unmanifested waste report for the
hazardous waste movement.
F. Legal Equivalence to Paper Manifests.
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 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 facilitys electronic 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 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
electronic manifest system for which the owner or operator bears no
responsibility.
G. An
owner or operator may participate in the electronic manifest system either by
accessing the electronic manifest system from the owners or operators
electronic equipment, or by accessing the electronic manifest system from
portable equipment brought to the owners or operators 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 shall 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 one copy of the paper replacement
manifest back to the final transporter.
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 electronic manifest system.
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 facilitys 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 three years from
the date of delivery of the waste.
J. Imposition of User Fee for Electronic
Manifest Use. An owner or operator who is a user of the electronic manifest
format may be assessed a user fee by EPA for the origination or processing of
each electronic manifest. An owner or operator may also be assessed a user fee
by EPA for the collection and processing of paper manifest copies that owners
or operators must submit to the electronic manifest system operator under LAC
33:V.1516.B.1.e. EPA shall maintain and update from time-to-time the current
schedule of electronic manifest system 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.
K. Electronic Manifest Signatures. Electronic
manifest signatures shall meet the criteria described in
40 CFR
262.25.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
