Current through Register Vol. 24-06, March 15, 2024
A generator who transports, or offers for transport a dangerous
waste for off-site treatment, storage, or disposal, or a treatment, storage, or
disposal facility that offers for transport a rejected dangerous waste load,
must follow all applicable procedures described in this section.
(1) Form and contents of dangerous waste
manifests. 40 C.F.R. Part 262 Appendix - Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions) is
incorporated by reference. The manifest must be EPA Form 8700-22 and, if
necessary, EPA Form 8700-22A. The manifest must be prepared in accordance with
the instructions for these forms.
(a) A
generator must designate on the manifest one facility that is permitted to
handle the waste described on the manifest.
(b) A generator may also designate on the
manifest one alternate facility that is permitted to handle their waste in the
event an emergency prevents delivery of the waste to a primary designated
facility.
(c) If the transporter is
unable to deliver the dangerous waste to the designated facility or the
alternate facility, the generator must either designate another facility or
instruct the transporter to return the waste.
(2) The manifest must consist of enough
copies to provide the generator, each transporter, and the designated facility
owner/operator with a copy for their records, and another copy to be returned
to the generator.
(3) Manifest
procedures.
(a) The generator must:
(i) Sign and date the manifest certification
by hand;
(ii) Obtain the
handwritten signature of the initial transporter and date of acceptance on the
manifest; and
(iii) Retain one copy
in accordance with WAC
173-303-210,
Generator recordkeeping.
(b) The generator must give the remaining
manifest copies to the transporter.
(c) For shipments of dangerous waste within
the United States solely by water (bulk shipments only), the generator must
send three copies of the manifest dated and signed in accordance with this
section to the owner or operator of the designated facility or the last water
(bulk shipment) transporter to handle the waste in the United States if
exported by water. Copies of the manifest are not required for each
transporter.
(d) For rail shipments
of dangerous waste within the United States which originate at the site of
generation, the generator must send at least three copies of the manifest dated
and signed in accordance with this section to:
(i) The next nonrail transporter, if any;
or
(ii) The designated facility if
transported solely by rail;
or
(iii) The
last rail transporter to handle the waste in the United States if exported by
rail.
(e) For shipments
of federally regulated hazardous waste to a designated facility in an
authorized state which has not yet obtained authorization to regulate that
particular waste as hazardous, the generator must assure that the designated
facility agrees to sign and return the manifest to the generator, and that any
out-of-state transporter signs and forwards the manifest to the designated
facility.
(f) For rejected
shipments of dangerous waste or container residues contained in nonempty
containers that are returned to the generator by the designated facility
(following the procedures of WAC
173-303-370(5)(f)
), the generator must:
(i) Sign either:
(A) Item 20 of the new manifest if a new
manifest is used for the returned shipment; or
(B) Item 18c of the original manifest if the
original manifest is used for the returned shipment.
(ii) Provide the transporter a copy of the
manifest;
(iii) Within thirty days
of delivery of the rejected shipment or container residues contained in
nonempty containers, send a copy of the manifest to the designated facility
that returned the shipment to the generator; and
(iv) Retain at the generator's site a copy of
each manifest for at least three years from the date of delivery.
(4) Special requirements
for shipments to the Washington EHW facility at Hanford.
(a) All generators planning to ship dangerous
waste to the EHW facility at Hanford must notify the facility in writing and by
sending a copy of the prepared manifest prior to shipment.
(b) The generator must not ship any dangerous
waste without prior approval from the EHW facility. The state operator may
exempt classes of waste from the requirements of WAC 173-303-180(4)(a) and (b)
where small quantities or multiple shipments of a previously approved waste are
involved, or there exists an emergency and potential threat to public health
and safety.
(5) The
requirements of this section and WAC
173-303-190(2)
do not apply to the transport of dangerous wastes on a public or private right
of way within or along the border of contiguous property under the control of
the same person, even if such contiguous property is divided by a public or
private right of way: Provided, That ecology has approved an alternative paper
tracking system that serves the purpose of a manifest. Notwithstanding WAC
173-303-240(2),
the generator or transporter must comply with the requirements for transporters
set forth in WAC
173-303-270
and
173-303-145
in the event of a discharge of dangerous waste on a public or private right of
way.
(6) Special instructions for
state-only dangerous waste that designates only by the criteria under WAC
173-303-100
and is not regulated as a hazardous waste under 40 C.F.R. Part 261 or as a
hazardous material under the 49 C.F.R. hazardous material regulations. For
purposes of completing the uniform hazardous waste manifest, Item 9b, and Item
28 if continuation sheet 8700-22A is used, or to describe a state-only
dangerous waste on a shipping paper, the shipping description must include the
following in sequence with no additional information interspersed:
(a) Material Not Regulated by DOT;
(b) Washington State Dangerous Waste Only
followed by the appropriate criteria designation of the waste that is either
toxic, persistent, solid corrosive or a combination of these entered in
parentheses;
(c) Shipping
description examples: Material Not Regulated by DOT (Washington State Dangerous
Waste Only, Toxic); Material Not Regulated by DOT (Washington State Dangerous
Waste Only, Toxic, Persistent); Material Not Regulated by DOT (Washington State
Dangerous Waste Only, Solid Corrosive).
(7) Manifest tracking numbers, manifest
printing, and obtaining manifests.
(a)
40
C.F.R. 262.21(a) through (f) and (h) through
(m) is incorporated by reference. EPA
requirements for printing manifests for use or distribution are included in
this section.
(b) A generator may
use manifests printed by any source so long as the source of the printed form
has received approval from EPA to print the manifest under paragraphs (c) and
(e) of
40
C.F.R. 262.21. A registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Dangerous waste generator, transporter
or TSDF; or
(iv) Dangerous waste
broker or other preparer who prepares or arranges shipments of dangerous waste
for transportation.
(c) A
generator must determine whether the generator state or the consignment state
for a shipment regulates any additional wastes (beyond those regulated
federally) as hazardous wastes under these states' authorized programs.
Generators also must determine whether the consignment state or generator state
requires the generator to submit any copies of the manifest to these states. In
cases where the generator must supply copies to either the generator's state or
the consignment state, the generator is responsible for supplying legible
photocopies of the manifest to these states.
(8) Waste minimization certification. A
generator who initiates a shipment of dangerous waste must certify to one of
the following statements in Item 15 of the uniform hazardous waste manifest:
(a) "I am a large quantity generator. I have
a program in place to reduce the volume and toxicity of waste generated to the
degree I have determined to be economically practicable and I have selected the
practicable method of treatment, storage, or disposal currently available to me
which minimizes the present and future threat to human health and the
environment"; or
(b) "I am a medium
quantity generator. I have made a good faith effort to minimize my waste
generation and select the best waste management method that is available to me
and that I can afford." Note that a Washington state medium quantity generator
regulated under WAC
173-303-172
is the type of generator referred to where the manifest states "(b) if I am a
small quantity generator", due to the different term used by
EPA.
(9) Use of
electronic manifest. In lieu of using the manifest form specified in subsection
(1) of this section, a person may prepare and use an electronic manifest,
provided that the person:
(a) Complies with
the requirements of 40 C.F.R. Part 3.10 for the reporting of electronic
documents to EPA; and
(b) Complies
with the requirements in subsections (10) and (11) of this
section.
(10) Legal
equivalence to paper manifests.
(a)
Electronic manifests that are obtained, completed, and transmitted in
accordance with subsection (9) of this section and used in accordance with this
section are the legal equivalent of paper manifest forms bearing handwritten
signatures, and satisfy for all purposes any requirement in this section to
obtain, complete, sign, provide, use or retain a manifest.
(i) Any requirement in this section 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 subsection (11) of this
section.
(ii) Any requirement in
this section 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 the e-Manifest system.
(iii) Any requirement in this section for a
generator to keep or retain a copy of each manifest is satisfied by retention
of a signed electronic manifest in the generator's account on the national
e-Manifest system, provided that such copies are readily available for viewing
and production upon request.
(iv) A
generator may not be held liable for the inability to produce an electronic
manifest for inspection under this section if the generator 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
generator bears no responsibility.
(b) 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 dangerous waste shipment from the generator for
off-site transportation.
(c)
(i) Restriction on use of electronic
manifests. A generator may prepare an electronic manifest for the tracking of
dangerous waste shipments involving any dangerous waste only if it is known at
the time the manifest is originated that all waste handlers named on the
manifest participate in the electronic manifest system, except that:
(ii) 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.
(d) Requirement for one printed copy. To the
extent the hazardous materials regulation on shipping papers for carriage by
public highway requires shippers of hazardous material to supply a paper
document for compliance with 49 C.F.R. Part 177.817, a generator originating an
electronic manifest must also provide the initial transporter with one printed
copy of the electronic manifest. In addition, the one printed copy of the
electronic manifest must provide the information required in subsection (6) of
this section for state-only dangerous waste that designates only by the
criteria under WAC
173-303-100
and as state listed WPCB and WSC2.
(e) Special procedures when electronic
manifest is unavailable. If a generator has prepared an electronic manifest for
a dangerous waste shipment, but the electronic manifest system becomes
unavailable for any reason prior to the time that the initial transporter has
signed electronically to acknowledge the receipt of the dangerous waste from
the generator, then the generator must obtain and complete a paper manifest
(EPA form 8700-22) and if necessary, a continuation sheet (EPA form 8700-22A)
in accordance with the manifest instructions and use these paper forms from
this point forward in compliance with subsections (1) through (8) of this
section from this point forward.
(f) Special procedures for electronic
signature methods undergoing tests. If a generator has prepared an electronic
manifest for a dangerous 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 this
signature method, then the generator shall also sign with an ink signature the
generator/offeror certification on the printed copy of the manifest provided
under (d) of this subsection.
(g)
Imposition of user fee. A generator who is a user of the electronic manifest
may be assessed a user fee by EPA for the origination of each electronic
manifest. EPA shall maintain and update from time-to-time the current schedule
of electronic manifest user fees, which shall be determined based on current
and projected system costs and level of use of the electronic manifest system.
The current schedule of electronic manifest user fees will be published by EPA
as an appendix to 40 C.F.R. Part 262.
(h) Post-receipt manifest data corrections.
After facilities have certified to the receipt of dangerous 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 may participate electronically in the post-receipt data corrections
process by following the process described in WAC
173-303-370(10)(g),
which applies to corrections made to either paper or electronic manifest
records.
(11) Electronic
manifest signatures. Electronic signature methods for the e-Manifest system
shall:
(a) Be a legally valid and enforceable
signature applicable under state, EPA and other federal requirements pertaining
to electronic signatures; and
(b)
Be a method that is designed and implemented in a manner that EPA considers to
be as cost-effective and practical as possible for the users of the
manifest.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-180, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-180, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-180, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-180, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-180, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-180, filed 6/3/86; 84-14-031 (Order DE 84-22),
§ 173-303-180, filed 6/27/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-180, filed 2/10/82. Formerly WAC 173-302-180 and
173-302-190.