A. A generator that
transports, or offers for transportation, a hazardous waste for offsite
treatment, storage, or disposal, or a treatment, storage, or disposal facility
that offers for transport a rejected hazardous waste load, shall prepare a
manifest on EPA Form 8700-22 and, if necessary, EPA Form 8700-22A and shall
comply with the manifest requirements of 40 C.F.R. §262.20(a), and
Sections
7 and
9, respectively, of this Chapter.
Persons required to prepare a manifest under 40 C.F.R. §262.20(a)(1) may
prepare and use a paper manifest from an EPA-approved source in accordance with
40 C.F.R. §§262.21(g)(1) and (2), or prepare and use an electronic
manifest in accordance with 40 C.F.R. §262.20(a)(3).
B. A transporter shall comply with the
manifest requirements of 40 C.F.R. §263.20 and Section
8 of this Chapter, including the
requirements for the use of a paper uniform hazardous waste manifest or an
electronic manifest, as applicable.
C. Each generator, transporter and owner or
operator of a hazardous waste facility shall comply with all the requirements
and instructions which are specified on the manifest.
D. If the transporter is unable to deliver
the hazardous waste to the designated facility or to the alternate facility,
the generator shall either designate another facility or instruct the
transporter to return the waste.
E.
In lieu of using the paper manifest a person required to prepare a manifest may
prepare and use an electronic manifest, provided that the person:
(1) Complies with the requirements in Section
5(F) of this Chapter; and
(2)
Complies with the requirements of 40 C.F.R. §3.10 for the reporting of
electronic documents to EPA.
F. Use of electronic manifest by generators,
transporters, and owners or operators of a hazardous waste facility:
(1)
Legal equivalence to paper
manifest: Electronic manifests that are obtained, completed, and
transmitted in accordance with 40 C.F.R. §262.20(a)(3), and used in
accordance with Section 5(E) of this Chapter 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 this Chapter to
obtain, complete, sign, provide, use, or retain a manifest, except as provided
in Section 5(F)(11) of this Chapter.
(2) Any requirement in this Chapter 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 C.F.R. §262.25(a).
(3) Any requirement in this Chapter to give,
provide, send, forward, or return to another person a copy of the manifest is
satisfied when an electronic manifest is transmitted to the other person by
submission to EPA's electronic manifest system.
(4) Any requirement in this Chapter for a
generator, transporter, or owner or operator of a hazardous waste facility to
keep or retain a copy of a manifest is satisfied by the retention of an
electronic manifest on the e-Manifest system in the account of the generator,
transporter, or owner or operator, respectively, and provided that such copies
are readily available for viewing and production if requested by any EPA or
authorized state inspector.
(5) Any
requirement in this Chapter 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 as provided in Section
5(F)(11) of this Chapter.
(6) No
generator, transporter, or owner or operator of a hazardous waste facility may
be held liable for the inability to produce an electronic manifest for
inspection under this Chapter if the generator, transporter, or owner or
operator of a hazardous waste facility can demonstrate that the inability to
produce the electronic manifest is due exclusively to a technical difficulty
with the electronic manifest system for which it bears no
responsibility.
(7) A generator may
participate in the electronic manifest system either by accessing the
electronic manifest system from its own electronic equipment, or by accessing
the electronic manifest system from portable equipment brought to the
generator's site by the transporter who accepts the hazardous waste shipment
from the generator for off-site transportation.
(8) A transporter may participate in the
electronic manifest system either by accessing the electronic manifest system
from the transporter's 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.
(9) An owner or operator of a hazardous waste
facility may participate in the electronic manifest system either by accessing
the electronic manifest system from its own electronic equipment, or from
portable equipment brought to the owner's or operator's site by the transporter
who delivers the hazardous waste shipment to the facility.
(10) A generator may use an electronic
manifest for the tracking of waste shipments involving any hazardous waste only
if it is known at the time the e-Manifest is originated that all waste handlers
named on the manifest participate in the use of the electronic manifest, except
that:
- A generator may sign by hand and retain a paper copy of the
manifest signed by hand by the initial transporter, in lieu of executing the
generator copy electronically, thereby enabling the transporter and subsequent
waste handlers to execute the remainder of the manifest copies
electronically.
(11)
Requirement for one printed copy: To the extent the DOT's
hazardous materials regulation on shipping papers for carriage by public
highway requires shippers of hazardous materials to supply a paper document for
compliance with 49 C.F.R. §177.817 as amended up to October 1, 2019, a
generator originating an electronic manifest shall also provide the initial
transporter with one printed copy of the electronic manifest, and the
transporter or any subsequent transporter shall carry one printed copy of the
electronic manifest on the transport vehicle.
(12)
Special procedures for
electronic signature methods undergoing tests: If a generator,
transporter, or owner or operator of a hazardous waste facility prepares, uses
or accepts an electronic manifest for a hazardous waste shipment, and 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 generator,
transporter, or owner or operator of a hazardous waste facility shall also
prepare, use, or accept, and sign a paper manifest (EPA Form 8700-22 and
8700-22A if necessary) including an ink signature, respectively, by the
generator/offeror with its certification, by the transporter with its
acknowledgement of receipt of materials, and by the facility with its
certification of receipt and of any discrepancies, on the printed copy of the
manifest provided under Section 5(F)(11) of this Chapter.
NOTE: The Electronic Manifest System is operated and
maintained by EPA. Use of the Electronic Manifest System is subject to EPA's
fee structure found in 40 C.F.R. Part 264 Subpart FF and 40 C.F.R. Part 265
Subpart FF.
G.
Post-receipt manifest data corrections: After facilities have certified to the
receipt of hazardous waste 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) named on the manifest. Generators or transporters may
participate electronically in the post-receipt data corrections process in
accordance 40 C.F.R. §264.71(l), which applies to corrections made to
either paper or electronic manifest records, as follows:
(1) Interested persons shall 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 corrections
relating to one or more previously submitted manifests.
(2) Each correction submission must include
the following:
(a) The Manifest Tracking
Number and date of receipt by the facility of the original manifest(s) for
which data are being corrected;
(b)
The item number(s) of the original manifest that is the subject of the
submitted correction(s); 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 the person's 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 certification statement must be
executed with a valid electronic signature; and
(b) 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 Section 5(G)(3) of this Chapter, and with notice of
the corrections to other interested persons shown on the manifest.
H. Manifest copy submission
requirements of 40 C.F.R. §260.4 for certain interstate waste shipments;
and applicability of electronic manifest system and user fee requirements of 40
C.F.R. §260.5 to facilities receiving state-only regulated waste
shipments:
(1) In any case in which the state
in which waste is generated, or the state in which waste will be transported to
a designated facility, requires that the waste be regulated as a hazardous
waste or otherwise be tracked through a hazardous waste manifest, the
designated facility that receives the waste, regardless of the state in which
the facility is located, shall complete, sign and date, submit the manifest to
the e-Manifest system, and pay the appropriate fee to EPA in accordance with 40
C.F.R. §§260.4(a)(1) through (4).
(2) In any case in which a state requires a
uniform hazardous waste manifest (EPA Form 8700-22 and if necessary
continuation sheet EPA Form 8700-22A) to be used under state law to track the
shipment and transportation of a state-only regulated waste, as defined in
40
C.F.R. 260.5(a), the
facility receiving such a waste shipment for management shall comply with the
manifest provisions and pay the appropriate fee to EPA in accordance with 40
C.F.R. §260.5(b).
I. Availability of Information and
Confidentiality of Information:
(1) No claim
of business confidentiality may be asserted by any person with respect to
information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a
Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an
electronic manifest format that may be prepared and used in accordance with 40
C.F.R. §262.20(a)(3).
(2) EPA
will make any electronic manifest that is prepared and used in accordance with
40 C.F.R. §262.20(a)(3), or any paper manifest that is submitted to the
e-Manifest system under 40 C.F.R §§264.71(a)(2)(v) or 265.71(a)(2)(v)
or Section
9(A)(4) of this
Chapter available to the public under 40 C.F.R. §260.2(c)(2) when the
electronic or paper manifest is a complete and final document. Electronic
manifests and paper manifests submitted to the e-Manifest system are considered
by EPA to be complete and final documents and publicly available information
after 90 days have passed since the delivery to the designated facility or the
hazardous waste shipment identified in the manifest.
NOTE: State confidentiality provisions such as 38 M.R.S.
§1310- B(2) are not applicable to the information entered on a Hazardous
Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation
Sheet (EPA Form 8700-22A), or an electronic manifest because it is submitted
and maintained in a federal database and will be made available to the public
to the extent and in the manner authorized by the federal Freedom of
Information Act, 5 U.S.C. section 552, section 3007(b) of RCRA and EPA
regulations implementing the Freedom of Information Act and section 3007(b) and
40 C.F.R. §260.2, as applicable.
