Current through Register Vol. 24-06, March 15, 2024
(1)
(a) A
transporter may not accept dangerous waste from a generator unless the
transporter is also provided with a manifest signed in accordance with WAC
173-303-180(3)
(Manifest procedures) or is provided with an electronic manifest that is
obtained, completed, and transmitted in accordance with WAC
173-303-180(9)
and signed with a valid and enforceable electronic signature as described in
WAC
173-303-180(11).
(b) Exports. For exports of dangerous waste
subject to 40 C.F.R. 262 Subpart H (which is incorporated by reference at WAC
173-303-230(1)
), a transporter may not accept such waste without a manifest signed by the
generator in accordance with this section, as appropriate, and for exports
occurring under the terms of a consent issued by EPA on or after December 31,
2016, a movement document that includes all information required by 40 C.F.R.
Part 262.83(d).
(2)
Before transporting a dangerous waste shipment, the transporter must sign and
date the manifest, acknowledging acceptance of the dangerous waste. The
transporter must return a signed copy to the generator before commencing
transport.
(3) The transporter must
insure that the manifest accompanies the dangerous waste shipment. 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 must ensure that a movement
document that includes all information required by 40 C.F.R. Part 262.83(d)
also accompanies the dangerous 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 must ensure that a movement
document that includes all information required by 40 C.F.R. Part 262.84(d)
also accompanies the dangerous waste.
(4) A transporter who delivers a dangerous
waste to another transporter, or to the designated facility must:
(a) Obtain the date of delivery and the
handwritten signature of that transporter or designated facility owner/operator
on the manifest;
(b) Retain one
copy of the manifest in accordance with WAC
173-303-260,
Transporter recordkeeping; and
(c)
Give the remaining copies of the manifest to the accepting transporter or
designated facility.
(5)
Except as provided in subsection (6) of this section, the transporter must
deliver the entire quantity of dangerous waste which they have accepted from a
generator or a transporter to:
(a) The
designated facility listed on the manifest; or
(b) The alternate designated facility, if the
dangerous waste cannot be delivered to the designated facility because an
emergency prevents delivery; or
(c)
The next designated transporter; or
(d) The place outside the United States
designated by the generator.
(6)
(a)
Emergency condition. If the dangerous waste cannot be delivered in accordance
with subsection (5)(a), (b) and (d) of this section because of an emergency
condition other than rejection of the waste by the designated facility, or
alternate designated facility, then the transporter must contact the generator
for further directions and must revise the manifest according to the
generator's instructions.
(b)
Transporters without generator authority. If the dangerous waste is not
delivered to the next designated transporter in accordance with subsection
(5)(c) of this section, and the current transporter is without contractual
authorization from the generator to act as the generator's agent with respect
to transporter additions or substitutions, then the current transporter must
contact the generator for further instructions prior to making any revisions to
the transporter designations on the manifest. The current transporter may
thereafter make such revisions if:
(i) The
dangerous waste is not delivered in accordance with subsection (5)(c) of this
section because of an emergency condition; or
(ii) The current transporter proposes to
change the trans-porter(s) designated on the manifest by the generator, or to
add a new transporter during transportation, to respond to an emergency, or for
purposes of transportation efficiency, convenience, or safety; and
(iii) The generator authorizes the
revision.
(c)
Transporters with generator authorization. If the dangerous waste is not
delivered to the next designated transporter in accordance with subsection
(5)(c) of this section, and the current transporter has authorization from the
generator to act as the generator's agent, then the current transporter may
change the transporters(s) designated on the manifest, or add a new
transporter, during transportation without the generator's prior, explicit
approval, provided that:
(i) The current
transporter is authorized by a contractual provision that provides explicit
agency authority for the transporter to make such transporter changes on behalf
of the generator;
(ii) The
transporter enters in Item 14 of each manifest for which such a change is made,
the following statement of its agency authority: "Contract retained by
generator confers agency authority on initial transporter to add or substitute
additional transporters on generator's behalf"; and
(iii) The change in designated transporters
is necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
(d) Generator liability. The grant by the
generator of authority to a transporter to act as the agent of the generator
with respect to changes to transporter designations under (c) of this
subsection does not affect the generator's liability or responsibility for
complying with any applicable requirement under this chapter, or grant any
additional authority to the transporter to act on behalf of the
generator.
(e) Rejected loads. If
dangerous waste is rejected by the designated facility while the transporter is
on the facility's premises, then the transporter must obtain the following:
(i) For a partial load rejection or for
regulated quantities of container residues, a copy of the original manifest
that includes the facility's date and signature, and the manifest tracking
number of the new manifest that will accompany the shipment, and a description
of the partial rejection or container residue in the discrepancy block of the
original manifest. The transporter must retain a copy of this manifest in
accordance with WAC
173-303-260,
and give the remaining copies of the original manifest to the rejecting
designated facility. If the transporter is forwarding the rejected part of the
shipment or a regulated container residue to an alternate facility or returning
it to the generator, the transporter must obtain a new manifest to accompany
the shipment, and the new manifest must include all of the information required
in WAC
173-303-370(5)(e)(i) through
(vi) or
173-303-370(5) (f)(i) through
(vi).
(ii) For a full load rejection that will be
taken back by the transporter, a copy of the original manifest that includes
the rejecting facility's signature and date attesting to the rejection, the
description of the rejection in the discrepancy block of the manifest, and the
name, address, phone number, and identification number for the alternate
facility or generator to whom the shipment must be delivered. The transporter
must retain a copy of the manifest in accordance with WAC
173-303-260,
and give a copy of the manifest containing this information to the rejecting
designated facility. If the original manifest is not used, then the transporter
must obtain a new manifest for the shipment and comply with WAC
173-303-370(5)(e)(i) through
(vi).
(7) The requirements of subsections (3), (4),
and (8) of this section do not apply to water (bulk shipment) transporters if:
(a) The dangerous waste is delivered by water
(bulk shipment) to the designated facility; and
(b) A shipping paper containing all the
information required on the manifest (excluding the EPA/state 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 all information required by 40 C.F.R.
part 262.83(d) or 262.84(d) accompanies the dangerous waste; and
(c) The delivering transporter obtains 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
(d) The person delivering the dangerous waste
to the initial water (bulk shipment) transporter obtains the date of delivery
and signature of the water (bulk shipment) transporter on the manifest and
forwards it to the designated facility; and
(e) A copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with WAC
173-303-260(2).
(8) For shipments involving rail
transportation, the requirements of subsections (3), (4), and (7) of this
section do not apply and the following requirements do apply.
(a) When accepting dangerous waste from a
nonrail transporter, the initial rail transporter must:
(i) Sign and date the manifest acknowledging
acceptance of the dangerous waste;
(ii) Return a signed copy of the manifest to
the nonrail transporter;
(iii)
Forward at least three copies of the manifest to:
(A) The next nonrail 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;
(iv) Retain one copy of the manifest and rail
shipping paper in accordance with WAC
173-303-260(2).
(b) Rail transporters must ensure that a
shipping paper containing all the information required on the manifest
(excluding the EPA/state 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
all information required by 40 C.F.R. Part 262.83(d) or 262.84(d) accompanies
the dangerous waste at all times. (Note: Intermediate rail transporters are not
required to sign the manifest, movement document, or shipping paper.)
(c) When delivering dangerous waste to the
designated facility, a rail transporter must:
(i) Obtain 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) Retain a
copy of the manifest or signed shipping paper in accordance with WAC
173-303-260(2).
(d) When delivering dangerous waste to a
nonrail transporter a rail transporter must:
(i) Obtain the date of delivery and the
handwritten signature of the next nonrail transporter on the manifest;
and
(ii) Retain a copy of the
manifest in accordance with WAC
173-303-260(2).
(e) Before accepting dangerous waste from a
rail transporter, a nonrail transporter must sign and date the manifest and
provide a copy to the rail transporter.
(9) Transporters who transport dangerous
waste out of the United States must:
(a) Sign
and date the manifest in the international shipments block to indicate the date
that the shipment left the United States;
(b) Retain one copy in accordance with WAC
173-303-260(3),
Transporter recordkeeping;
(c)
Return a signed copy of the manifest to the generator; and
(d) For paper manifest only:
(i) Send a copy of the manifest to the
e-Manifest system in accordance with the allowable methods specified in WAC
173-303-370(2)(e);
and
(ii) For shipments initiated
prior to the automated export system (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.
(10)
Use of electronic manifest.
(a) Legal
equivalence to paper forms for participating transporters. Electronic manifests
that are obtained, completed, and transmitted in accordance with WAC
173-303-180(9)
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, give, 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 WAC
173-303-180(11).
(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
manifest to accompany a dangerous 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,
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 40 C.F.R. Part 177.817, a
dangerous waste transporter must carry one printed copy of the electronic
manifest on the transport vehicle. In addition, the one printed copy of the
electronic manifest must provide the information required in WAC
173-303-180(6)
for state-only dangerous waste that
designates only by the criteria under WAC
173-303-100.
(iv) Any requirement in this section for a
transporter to keep or retain a copy of each manifest is satisfied by retention
of a signed electronic manifest in the transporter's account on the national
e-Manifest system, provided that such copies are readily available for viewing
and production upon request.
(v) A
transporter may not be held liable for the inability to produce an electronic
manifest for inspection under this section if the transporter can demonstrate
that the inability to produce the electronic manifest is due exclusively to a
technical difficulty with the EPA's electronic manifest system for which the
transporter bears no responsibility.
(b) 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.
(c) Special procedures when 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
dangerous waste when the electronic manifest becomes unavailable shall
reproduce sufficient copies of the printed manifest that is carried on the
transport vehicle pursuant to (a)(iii) of this subsection, or obtain and
complete another paper manifest for this purpose. The transporter shall
reproduce sufficient copies to provide the transporter and all subsequent waste
handlers with a copy for their files, plus two additional copies that will be
delivered to the designated facility with the dangerous 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 the
manifest originated in the electronic manifest system, shall include (if not
preprinted 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 dangerous waste must ensure that each
paper copy is individually signed and that a legible handwritten ink signature
appears on each copy.
(iv) From the
point at which the electronic manifest is no longer available for tracking the
waste shipment, the paper replacement manifest copies shall be carried, signed,
retained 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 all other paper manifests.
(d) Special procedures for electronic
signature methods undergoing tests. If a transporter 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 this signature method, then the
transporter shall sign the electronic manifest electronically and also sign
with an ink signature the transporter acknowledgment of receipt of materials on
the printed copy of the manifest that is carried on the vehicle in accordance
with (a)(iii) of this subsection. 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/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.
(e) Imposition of user fee. A transporter who
is a user of the electronic manifest may be assessed a user fee by EPA for the
origination or processing 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 as an appendix to 40 C.F.R. Part 262, by
EPA.
(f) 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. Transporters 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.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-250, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-250, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-250, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-250, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-250, filed 2/10/82. Formerly WAC 173-302-220 and
173-302-230.