Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Scope.
This part applies to owners and operators of both on-site and
off-site facilities, except as part
7045.0552 provides otherwise. This
part does not apply to owners and operators of on-site facilities that do not
receive any hazardous waste from off-site sources.
Subp. 2.
Definition of
discrepancy.
Manifest discrepancies are defined as major or minor as
follows.
A. Major manifest
discrepancies are:
(1) significant
differences, as described in subpart
2a, between the quantity or
type of hazardous waste designated on the manifest or shipping paper and the
quantity or type of hazardous waste a facility actually receives;
(2) rejected wastes, which may be full or
partial shipment of hazardous waste the facility cannot accept; and
(3) container residues, which are residues
that exceed the quantity limits for empty containers in part
7045.0127.
B. Minor discrepancies are all other
discrepancies such as manifests other than the manifest specified in part
7045.0325, incomplete manifests or
shipping papers, manifests or shipping papers which are inconsistent, and a
container or portable tank containing hazardous waste which is not properly
labeled.
Subp. 2a.
Significant differences.
A.
Significant differences are differences in quantity or type as described in
items B and C.
B. Significant
differences in quantity are:
(1) for bulk
waste, variations greater than ten percent in weight; and
(2) for batch waste, any variation in piece
count such as a discrepancy of one drum in a truckload.
C. Significant differences in type are
obvious differences that 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.
Subp. 3.
Handling of
discrepancies.
Upon discovering a discrepancy, the owner or operator of a
facility shall take action as described in item A, B, or C, as
applicable.
A. Upon discovering a
significant discrepancy, the owner or operator shall attempt to reconcile the
discrepancy with the waste generator and transporter. If the discrepancy is not
resolved within 15 days after receiving the waste, the owner or operator shall
immediately submit to the commissioner a letter describing the discrepancy,
attempts made to reconcile it, and a copy of the manifest or shipping paper at
issue.
B. Upon discovering a minor
discrepancy, the owner or operator must attempt to reconcile the discrepancy
with the waste generator and transporter. The owner or operator shall indicate
the type of discrepancy and its resolution on the manifest. If the discrepancy
cannot be reconciled, the owner or operator shall note this on the manifest
with a brief explanation.
C. Upon
rejecting a waste or identifying a container residue that exceeds the quantity
limits for empty containers in part
7045.0127, the owner or operator
of a facility must:
(1) 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 owner or operator may return the rejected waste or
residue to the generator. The facility owner or operator 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 making arrangements for forwarding
rejected wastes or residues to another facility under this part, either ensure
that the delivering transporter retains custody of the waste or provide for
secure, temporary custody of the waste, pending delivery of the waste to the
first transporter designated on the manifest prepared under subpart
4 or
5; and
(3) notify the commissioner immediately if a
movement of hazardous waste is delivered to a facility not allowed to manage
the waste under the facility's hazardous waste permit.
Subp. 4.
Rejections sent to
alternate facility.
A. Except as
provided in item B, for full or partial load rejections and residues that are
to be sent off-site to an alternate facility, the facility must prepare a new
manifest according to part
7045.0261, subpart
1,
and:
(1) write the generator's United States
EPA identification 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 United States EPA identification 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 United States Department of
Transportation description for the rejected load or the residue in item 9
(United States Department of Transportation description) of the new manifest
and write the container types, quantity, and volumes of the waste;
and
(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.
B. 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
the 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, the facility must use a new manifest and comply with item A.
Subp. 5.
Rejections returned
to generator.
A. Except as provided in
item B, for rejected wastes and residues that must be sent back to the
generator, the facility must prepare a new manifest according to part
7045.0261, subpart
1,
and:
(1) write the facility's United States
EPA identification 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 initial generator
and the generator's United States EPA identification 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 United States Department of
Transportation description for the rejected load or the residue in item 9
(United States Department of Transportation description) of the new manifest
and write the container types, quantity, and volumes of the waste;
and
(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.
B. For full load rejections that are made
while the transporter remains present at the facility, the facility may return
the shipment to the generator with the original manifest by completing items
18a and 18b of the manifest and supplying the generator's information in the
alternate facility space. The facility must retain a copy of the 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, the facility must
use a new manifest and comply with item A.
Subp. 6.
Rejections after
delivery.
If a facility rejects a waste or identifies a container
residue that exceeds the quantity limits for empty containers in part
7045.0127 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 the
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.
Statutory Authority: MS s
116.07