(a)
(1) Manifest requirement. A transporter may
not accept hazardous waste from a generator unless the transporter is also
provided with a manifest form; EPA Form 8700-22, and if necessary, EPA Form
8700-22A; signed in accordance with the requirement of Section
R315-262-23, or is provided with
an electronic manifest that is gotten, completed, and transmitted in accordance
with Subsection R315-262-20(a)(3),
and signed with a valid and enforceable electronic signature as described in
40 CFR
262.25.
(2) Exports. For exports of hazardous waste
subject to the requirements of Sections
R315-262-80 through
R315-262-84, a transporter may
not accept hazardous waste without a manifest signed by the generator in
accordance with Section
R315-263-20, as appropriate, and
for exports occurring under the terms of consent issued by EPA on or after
December 31, 2016, a movement document that includes the information require by
Subsection R315-262-83(d).
(3) Compliance date for form revisions. The
revised manifest form and procedures in Sections
R315-260-10,
R315-261-7,
R315-263-20, and
R315-263-21, had an effective
date of September 5, 2006.
(4) Use
of electronic manifest legal equivalence to paper forms for participating
transporters. Electronic manifests that are gotten, completed, and transmitted
in accordance with Subsection
R315-262-20(a)(3),
and used in accordance with Section
R315-263-20 in lieu of EPA Forms
8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing
handwritten signatures, and satisfy any requirement in Title R315 to get,
complete, sign, carry, provide, give, use, or keep a manifest.
(i) Any requirement in Title R315 to sign a
manifest or manifest certification by hand, or to get a handwritten signature,
is satisfied by signing with or getting a valid and enforceable electronic
signature within the meaning of
40 CFR
262.25.
(ii) Any requirement in Title R315 to give,
provide, send, forward, or return to another person a copy of the manifest is
satisfied when a copy of an electronic manifest is transmitted to the other
person by submission to the system.
(iii) Any requirement in Title R315 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 who is scheduled to receive delivery of the waste shipment, except that
to the extent that the Hazardous Materials regulation on shipping papers for
carriage by public highway requires transporters of hazardous materials to
carry a paper document to comply with
49 CFR
177.817, a hazardous waste transporter shall
carry one printed copy of the electronic manifest on the transport
vehicle.
(iv) Any requirement in
Title R315 for a transporter to keep a copy of a manifest is satisfied by the
retention of an electronic manifest in the transporter's account on the
e-Manifest system, if the copies are readily available for viewing and
production if requested by any EPA or Utah inspector.
(v) No transporter may be held liable for the
inability to produce an electronic manifest for inspection under Section
R315-263-20 if that transporter
can demonstrate that the inability to produce the electronic manifest is
exclusively due to a technical difficulty with the EPA system for which the
transporter bears no responsibility.
(5) 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.
(6) Special procedures if electronic manifest
is not available. If after a manifest has been originated electronically and
signed electronically by the initial transporter, and the electronic manifest
system should become unavailable for any reason, then:
(i) The transporter in possession of the
hazardous waste when the electronic manifest becomes unavailable shall
reproduce sufficient copies of the printed manifest that is carried on the
transport vehicle pursuant to Subsection
R315-263-20(a)(4)(iii)(A),
or get and complete another paper manifest for this purpose. The transporter
shall reproduce sufficient copies to provide the transporter and each
subsequent waste handler with a copy for their files, plus two additional
copies that will be delivered to the designated facility with the hazardous
waste.
(ii) On each printed copy,
the transporter shall include a notation in the Special Handling and Additional
Description space, Item 14, that the paper manifest is a replacement manifest
for a manifest originated in the electronic manifest system, shall include, if
not pre-printed on the replacement manifest, the manifest tracking number of
the electronic manifest that is replaced by the paper manifest, and shall also
include a brief explanation why the electronic manifest was not available for
completing the tracking of the shipment electronically.
(iii) A transporter signing a replacement
manifest to acknowledge receipt of the hazardous waste shall ensure that each
paper copy is individually signed and that a legible handwritten signature
appears on each copy.
(iv) From the
point that the electronic manifest is no longer available for tracking the
waste shipment, the paper replacement manifest copies shall be carried, signed,
kept as records, and given to a subsequent transporter or to the designated
facility, following the instructions, procedures, and requirements that apply
to the use of paper manifests.
(7) Special procedures for electronic
signature methods undergoing tests. If a transporter using an electronic
manifest signs this manifest electronically using an electronic signature
method that is undergoing pilot or demonstration tests aimed at demonstrating
the practicality or legal dependability of the signature method, then the
transporter shall sign the electronic manifest electronically and also sign
with an ink signature the transporter acknowledgement of receipt of materials
on the printed copy of the manifest that is carried on the vehicle in
accordance with Subsection
R315-263-20(a)(4)(iii)(A).
This printed copy bearing the generator's and transporter's ink signatures
shall also be presented by the transporter to the designated facility to sign
in ink to indicate the receipt of the waste materials or to indicate
discrepancies. After the owner or operator of the designated facility has
signed this printed manifest copy with its ink signature, the printed manifest
copy shall be delivered to the designated facility with the waste
materials.
(8) Reserved.
(9) 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, such as the waste handler, named on the
manifest. Transporters may participate electronically in the post-receipt data
corrections process by following the process described in Subsection
R315-264-71(l),
which applies to corrections made to either paper or electronic manifest
records.
(b) Before
transporting the hazardous waste, the transporter shall sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator.
The transporter shall return a signed copy to the generator before leaving the
generator's property.
(c) The
transporter shall ensure that the manifest accompanies the hazardous waste. In
the case of exports occurring under the terms of a consent issued by EPA to the
exporter on or after December 31, 2016, the transporter shall ensure that a
movement document that includes the information required by Subsection
R315-262-83(d)
also accompanies the hazardous waste. In the case of imports occurring under
the terms of a consent issued by EPA to the country of export or the importer
on or after December 31, 2016, the transporter shall ensure that a movement
document that includes the information required by Subsection
R315-262-84(d)
also accompanies the hazardous waste.
(d) A transporter who delivers a hazardous
waste to another transporter or to the designated facility shall:
(1) get the date of delivery and the
handwritten signature of that transporter or of the owner or operator of the
designated facility on the manifest; and
(2) keep one copy of the manifest in
accordance with Section
R315-263-22; and
(3) give the remaining copies of the manifest
to the accepting transporter or designated facility.
(e) The requirements of Subsections
R315-263-20(c), (d) and
(f) do not apply to water, bulk shipment,
transporters if:
(1) the hazardous waste is
delivered by water, bulk shipment, to the designated facility; and
(2) a shipping paper containing the
information required on the manifest; excluding the EPA identification numbers,
generator certification, and signatures; and, for exports or imports occurring
under the terms of a consent issued by EPA on or after December 31, 2016, a
movement document that includes the information required by Subsection
R315-262-83(d)
or R315-262-84(d)
accompanies the hazardous waste; and
(3) the delivering transporter gets the date
of delivery and handwritten signature of the owner or operator of the
designated facility on either the manifest or the shipping paper; and
(4) the person delivering the hazardous waste
to the initial water, bulk shipment, transporter gets the date of delivery and
signature of the water, bulk shipment, transporter on the manifest and forwards
it to the designated facility; and
(5) a copy of the shipping paper or manifest
is kept by each water, bulk shipment, transporter in accordance with Section
R315-263-22.
(f) For shipments involving rail
transportation, the requirements of Subsections
R315-263-20(c), (d) and
(e) do not apply and the following
requirements do apply:
(1) When accepting
hazardous waste from a non-rail transporter, the initial rail transporter
shall:
(i) sign and date the manifest
acknowledging acceptance of the hazardous waste;
(ii) return a signed copy of the manifest to
the non-rail transporter;
(iii)
forward at least three copies of the manifest to:
(A) the next non-rail transporter, if any;
or
(B) the designated facility, if
the shipment is delivered to that facility by rail; or
(C) the last rail transporter designated to
handle the waste in the United States; and
(iv) keep one copy of the manifest and rail
shipping paper in accordance with Section
R315-263-22.
(2) Rail transporters shall ensure that a
shipping paper containing the information required on the manifest; excluding
the EPA identification numbers, generator certification, and signatures; and,
for exports or imports occurring under the terms of a consent issued by EPA on
or after December 31, 2016, a movement document that includes the information
required by Subsection
R315-262-83(d)
or R315-262-84(d)
always accompanies the hazardous waste.
Note to Subsection
R315-263-20(f)(2):
Intermediate rail transporters are not required to sign the manifest, movement
document, or shipping paper.
(3) When delivering hazardous waste to the
designated facility, a rail transporter shall:
(i) get the date of delivery and handwritten
signature of the owner or operator of the designated facility on the manifest
or the shipping paper, if the manifest has not been received by the facility;
and
(ii) keep a copy of the
manifest or signed shipping paper in accordance with Section
R315-263-22.
(4) When delivering hazardous waste to a
non-rail transporter a rail transporter shall:
(i) get the date of delivery and the
handwritten signature of the next non-rail transporter on the manifest;
and
(ii) keep a copy of the
manifest in accordance with Section
R315-263-22.
(5) Before accepting hazardous waste from a
rail transporter, a non-rail transporter shall sign and date the manifest and
provide a copy to the rail transporter.
(g) Transporters who transport hazardous
waste out of the United States shall:
(1) sign
and date the manifest in the International Shipments block to indicate the date
that the shipment left the United States;
(2) keep one copy in accordance with
Subsection R315-263-22(d);
(3) return a signed copy of the manifest to
the generator; and
(4) for paper
manifest only,
(i) send a copy of the
manifest to the e-Manifest system in accordance with the allowable methods
specified in Subsection
R315-264-71(a)(2)(v);
and
(ii) for shipments initiated
before the AES filing compliance date, when instructed by the exporter to do
so, give a copy of the manifest to a U.S. Customs official at the point of
departure from the United States.
(h) A transporter transporting hazardous
waste from a generator who generates greater than 100 kilograms but less than
1,000 kilograms of hazardous waste in a calendar month need not comply with the
requirements of Section
315-263-20 or those of Section
R315-263-22 if:
(1) the waste is being transported pursuant
to a reclamation agreement as provided for in Subsection
R315-262-20(e);
(2) the transporter records, on a log or
shipping paper, the following information for each shipment:
(i) the name, address, and U.S. EPA
Identification Number of the generator of the waste;
(ii) the quantity of waste
accepted;
(iii) any DOT required
shipping information; and
(iv) the
date the waste is accepted;
(3) the transporter carries this record when
transporting waste to the reclamation facility; and
(4) the transporter keeps these records for a
period of at least three years after termination or expiration of the
agreement.