Current through Register Vol. 48, No. 9, September 27, 2024
(a)
Manifest discrepancies are:
(1) Significant
differences (as defined by paragraph (b) of this section) between the quantity
or type of hazardous waste designated on the manifest or shipping paper, and
the quantity and type of hazardous waste a facility actually
receives;
(2) Rejected wastes,
which may be a full or partial shipment of hazardous waste that the TSDF cannot
accept; or
(3) Container residues,
which are residues that exceed the quantity limits for "empty" containers set
forth in 261.7(b).
(b)
Significant differences in quantity are: For bulk waste, variations greater
than 10 percent in weight; for batch waste, any variation in piece count, such
as a discrepancy of one drum in a truckload. Significant differences in type
are obvious differences which 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.
(c) Upon discovering a significant difference
in quantity or type, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within fifteen (15) days
after receiving the waste, the owner or operator must immediately submit to the
Department a letter describing the discrepancy and attempts to reconcile it,
and a copy of the manifest or shipping paper at issue.
(d)
(1) Upon
rejecting waste or identifying a container residue that exceeds the quantity
limits for "empty" containers set forth in 261.7(b), the facility must 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 may return the rejected waste or residue to
the generator. The facility must send the waste to the alternative facility or
to the generator within 60 days of the rejection of the container residue
identification.
(2) While the
facility is making arrangements for forwarding rejected wastes or residues to
another facility under this section, it must ensure that either the delivering
transporter retains custody of the waste, or, the facility must provide for
secure, temporary custody of the waste, pending delivery of the waste to the
first transporter designated on the manifest prepared under paragraph (e) or
(f) of this section.
(e)
Except as provided in paragraph (e)(7) of this section, for full or partial
load rejections and residues that are to be sent off-site to an alternate
facility, the facility is required to prepare a new manifest in accordance with
262.20(a) of this chapter and the following instructions:
(1) Write the generator's U.S. EPA ID 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 U.S. EPA
ID 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 DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(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, and mail a signed copy of the manifest to the
generator identified in Item 5 of the new manifest.
(7) 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
this manifest for its records, and then 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
paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in
paragraph (f)(7) of this section, for rejected wastes and residues that must be
sent back to the generator, the facility is required to prepare a new manifest
in accordance with 262.20(a) of this chapter and the following instructions:
(1) Write the facility's U.S. EPA ID number
in Item 1 of the new manifest. Write the facility's name and mailing address in
Item 5 of the new manifest. If the mailing address is different from the
facility's site address, then write the facility's site address in the
designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA ID 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 DOT description for the
rejected load or the residue in Item 9 (U.S. DOT Description) of the new
manifest and write the container types, quantity, and volume(s) of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation.
(7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility must
retain a copy for its records and then 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
paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this section.
(8) 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 262.42(a).
(g) If a facility rejects a waste or
identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in 261.7(b) 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 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.
