Current through Register Vol. 48, No. 9, September 27, 2024
(a)
(1) If a facility receives hazardous waste
accompanied by a manifest, the owner, operator or his/her agent must sign and
date the manifest as indicated in paragraph (a)(2) of this section 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 his or her agent must:
(i)
Sign and date each copy of the manifest;
(ii) Note any discrepancies (as defined in
section 264.72(a)) on each copy of the manifest;
(iii) Immediately give the transporter at
least one (1) copy of the manifest;
(iv) Within thirty (30) days of delivery,
send a copy (Page 2) of the manifest to the generator;
(v) Paper manifest submission requirements
are:
(A) Options for compliance on June 30,
2018. Beginning on June 30, 2018, 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, or in lieu of submitting the paper copy to EPA,
the owner or operator may transmit to the EPA system an image file of Page 1 of
the manifest and any continuation sheet, or both a data file and image file
corresponding to Page 1 of the manifest and any continuation sheet, within
thirty (30) days of the date of delivery. Submissions of copies to the
e-Manifest system shall 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, EPA will not accept mailed paper
manifests from facilities for processing in e-Manifest.
(B) 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 EPA system an image file of Page 1 of the manifest
and any continuation sheet, or by transmitting to the EPA system both a data
file and the image file corresponding to Page 1 of the manifest and any
continuation sheet, within thirty (30) days of the date of delivery.
Submissions of copies to the e-Manifest system shall be made to the electronic
mail/submission address specified at the e-Manifest program website's directory
of services; and
(3) The owner or operator of a facility
receiving hazardous waste subject to part 262 subpart H, from a foreign source
must:
(i) Additionally, list the relevant
consent number from consent documentation supplied by EPA to the facility for
each waste listed on the manifest, matched to the relevant list number for the
waste from block 9b. If additional space is needed, the owner or operator
should use a Continuation Sheet(s) (EPA Form 8700-22A); and
(ii) Send a copy of the manifest within
thirty (30) days of delivery to EPA using the addresses listed in
section262.82(e) until the facility can submit such a copy to the e-Manifest
system per paragraph (a)(2)(v) of this section.
(b) If a facility receives, from a rail or
water (bulk shipment) transporter, hazardous waste which 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, must;
(1) 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) Note any significant
discrepancies (as defined in 264.72(a)) in the manifest or shipping paper (if
the manifest has not been received) on each copy of the manifest or shipping
paper.
[Comment: The Department does not intend that the owner or
operator of a facility whose procedures under 264.13(c) include waste analysis
must perform that analysis before signing the shipping paper and giving it to
the transporter. section 264.72(b)(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) 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) 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: section 262.23(c)(c) of this chapter 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 R.61-79.262. The provisions of
sections 262.15, 262.16, and 262.17 are applicable to the on-site accumulation
of hazardous wastes by generators. Therefore, the provisions of sections262.15,
262.16, and 262.17 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 section 262.17(f).
(d) As per
section 262.84(d)(2)(xv), within three (3) working days of the receipt of a
shipment subject to part 262, subpart H, the owner or operator of a facility
must provide a copy of the movement document bearing all required signatures to
the foreign exporter; to the competent authorities of the countries of export
and transit that control the shipment as an export and transit of hazardous
waste respectively; and on or after the electronic import-export reporting
compliance date, to EPA electronically using EPA's WIETS, or its successor
system. The original copy of the movement document must be maintained at the
facility for at least three (3) 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 WIETS, or its
successor system, provided that copies are readily available for viewing and
production if requested by any EPA 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 WIETS, or its successor system, 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. Facilities must also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.
(f) Legal equivalence
to paper manifests. Electronic manifests that are obtained,
completed, and transmitted in accordance with section 262.20(a)(3) of this
chapter, 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 facility's 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 Department
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 owner's or operator's electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the owner's or
operator's 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 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 thirty (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, 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 (3) 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
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 shall retain this original copy among its
records for at least three (3) years from the date of delivery of the
waste.
(j) Imposition of user fee
for electronic manifest use.
(1) As prescribed
in section264.1311, and determined in section 264.1312, an owner or operator
who is a user of the electronic manifest system shall be assessed a user fee by
EPA for the submission and processing of each electronic and paper manifest.
EPA shall update the schedule of user fees and publish them to the user
community, as provided in section 264.1313.
(2) An owner or operator subject to user fees
under this section shall make user fee payments in accordance with the
requirements of section 264.1314, subject to the informal fee dispute
resolution process of section 264.1316, and subject to the sanctions for
delinquent payments under section 264.1315.
(k) Electronic manifest signatures.
Electronic manifest signatures shall meet the criteria described in section
262.25 of this chapter.
(l)
Post-receipt manifest data corrections. After facilities have certified to the
receipt of hazardous wastes 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) shown on the manifest.
(1) Interested persons must 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 data corrections
relating to one or more previously submitted manifests.
(2) Each correction submission must include
the following information:
(i) The Manifest
Tracking Number and date of receipt by the facility of the original manifest(s)
for which data are being corrected;
(ii) The item number(s) of the original
manifest that is the subject of the submitted correction(s); and
(iii) 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 shall 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:
(i) The certification statement must be
executed with a valid electronic signature; and
(ii) 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 paragraph (l)(3) of this section, and with notice of
the corrections to other interested persons shown on the manifest.
