Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. The requirements of this section apply to owners and operators
of permitted treatment, storage, and disposal facilities and of dangerous waste
recycling facilities operating under the requirements of this chapter who
receive dangerous waste from off-site sources or who initiates a shipment of
dangerous waste off-site. If a facility receives dangerous waste accompanied by
a manifest, the owner, operator, or their agent must sign and date the manifest
as indicated in subsection (2) of this section to certify that the dangerous
waste covered by the manifest was received, that the dangerous waste was
received except as noted in the discrepancy space of the manifest, or that the
dangerous waste was rejected as noted in the manifest discrepancy
space.
(2) If a facility receives
dangerous waste shipment accompanied by a manifest, the owner, operator, or
their agent, must:
(a) Sign and date, by
hand, each copy of the manifest;
(b) Note any discrepancies (as defined in
subsection (5)(a) of this section) on each copy of the manifest;
(c) Immediately give the transporter at least
one copy of the manifest;
(d)
Within thirty days of delivery, send a copy of the manifest to the
generator;
(e) Paper manifest
submission requirements are:
(i) 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 on 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 days of the date of delivery. Submissions of
copies to the e-Manifest system shall be made and 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.
(ii) Options for
compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to
send 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 image file corresponding to page 1 of
the manifest and any continuation sheet, within thirty days of the date of
delivery. Submissions of copies to the e-Manifest system shall be made and the
mailing address or electronic mail/submission address specified at the
e-Mani-fest program website's directory of services; and
(f) Retain at the facility a copy of each
manifest for at least three years from the date of delivery.
(3) The owner or operator of a
facility receiving dangerous waste subject to 40 C.F.R. Part 262, Subpart H (as
incorporated by reference at WAC
173-303-230(1)
) from a foreign source must:
(a)
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
(b) Send a copy of
the manifest within thirty days of delivery to EPA using the addresses listed
in
40 C.F.R.
262.82(e) until the facility
can submit such a copy to the e-Manifest system per subsection (2)(e) of this
section.
(4) If a
facility receives, from a rail or water (bulk shipment) transporter, dangerous
waste which is accompanied by a manifest or shipping paper containing all the
information required on the manifest (excluding the EPA/state identification
numbers, generator's certification, and signatures), the owner or operator, or
their agent, must:
(a) Sign and date each
copy of the manifest or shipping paper to certify that the dangerous waste
covered by the manifest or shipping paper was received;
(b) Note any significant discrepancies in the
manifest or shipping paper, as described in subsection (5) of this section, on
each copy of the manifest or shipping paper;
(c) Immediately give the rail or water (bulk
shipment) transporter at least one copy of the manifest or shipping
paper;
(d) Within thirty 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
thirty days after delivery) to the generator; and
(e) Retain at the facility a copy of each
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.
(5) Manifest
discrepancies.
(a) Manifest discrepancies
are:
(i) Significant differences (as defined
in (b) of this subsection) between the quantity or type of dangerous waste
designated on the manifest or shipping paper, and the quantity and type of
dangerous waste a facility actually receives;
(ii) Rejected wastes, which may be a full or
partial shipment of dangerous waste that the TSDF cannot accept; or
(iii) Container residues, which are residues
that exceed the quantity limits for "empty" containers set forth in WAC
173-303-160(2).
(b) Significant differences in quantity are:
For bulk waste, variations greater than ten percent in weight (for example,
tanker trucks, railroad tank cars, etc.); for batch waste, any variations 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. If the discrepancy is not
resolved within fifteen 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)
(i) Upon rejecting waste or identifying a
container residue that exceeds the quantity limits for "empty" containers set
forth in WAC
173-303-160(2),
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 sixty days of the rejection
or the container residue identification.
(ii) 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 (e) or (f) of this
subsection.
(e) Except as
provided in (e)(vii) of this subsection, 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 WAC
173-303-180 and the
following instructions:
(i) Write the
generator's EPA/state ID# 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.
(ii) Write the name of the alternate
designated facility and the facility's EPA/state ID# in the designated facility
block (Item 8) of the new manifest.
(iii) 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.
(iv) 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).
(v) 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.
(vi) 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.
(vii) 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 (e)(i),
(ii), (iii), (iv), (v), and (vi) of this subsection.
(f) Except as provided in (f)(vii) of this
subsection, 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 WAC
173-303-180 and the
following instructions:
(i) Write the
facility's EPA/state ID# 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.
(ii) Write the name of the initial generator
and the generator's EPA/state ID# in the designated facility block (Item 8) of
the new manifest.
(iii) 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.
(iv) 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).
(v) 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.
(vi) 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.
(vii)
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 (f)(i),
(ii), (iii), (iv), (v), (vi), and (viii) of this subsection.
(viii) For full or partial load rejections
and container residues contained in nonempty containers that are returned to
the generator, the facility must also comply with the exception reporting
requirements in WAC
173-303-220(2).
(g) If a facility rejects a waste or
identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in WAC
173-303-160(2)
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 thirty days, send
a copy of the amended manifest to the transporter and generator that received
copies prior to their being amended.
(6) Reasons for not accepting dangerous waste
shipments. The owner or operator may decide that a dangerous shipment should
not be accepted by their facility.
(a) The
following are acceptable reasons for denying receipt of a dangerous waste
shipment:
(i) The facility is not capable of
properly managing the type(s) of dangerous waste in the shipment;
(ii) There is a significant discrepancy (as
described in subsection (5) of this section) between the shipment and the
wastes listed on the manifest or shipping paper; or
(iii) The shipment has arrived in a condition
which the owner or operator believes would present an unreasonable hazard to
facility operations, or to facility personnel handling the dangerous waste(s)
(including, but not limited to, leaking or damaged containers, and improperly
labeled containers).
(b)
The owner or operator may send the shipment on to the alternate facility
designated on the manifest or shipping paper, or contact the generator to
identify another facility capable of handling the waste and provide for its
delivery to that other facility, unless, the containers are damaged to such an
extent, or the dangerous waste is in such a condition as to present a hazard to
the public health or the environment in the process of further
transportation.
(c) If the
dangerous waste shipment cannot leave the facility for the reasons described in
(b) of this subsection, then the owner or operator must take those actions
described in the contingency plan, WAC
173-303-350(3)(b).
(7) Within three working days of the receipt
of a shipment subject to 40 C.F.R. Part 262, Subpart H (which is incorporated
by reference at WAC
173-303-230(1)
), the owner or operator of the 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 dangerous waste respectively; and on or
after the electronic import-export reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The original copy of the movement document must be maintained
at the facility for at least three 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 EPA's
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 EPA's WIETS, or its
successor system, for which the owner or operator of a facility bears no
responsibility.
(8) 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.
(9)
Whenever a shipment of dangerous waste is initiated from a facility, the owner
or operator of that facility must comply with the requirements of this chapter.
The provisions of WAC
173-303-172,
173-303-174,
and
173-303-200
through
173-303-201
of this chapter are applicable to the on-site accumulation of dangerous waste
by generators. Therefore, the provisions of WAC
173-303-170,
173-303-172,
173-303-174,
and
173-303-200
through
173-303-201
of this chapter only apply to owners or operators who are shipping dangerous
waste which they generated at that facility or operating as a large quantity
generator consolidating dangerous waste from small quantity generators under
WAC
173-303-200(15).
(10) Use of electronic manifest.
(a) Legal equivalence to paper manifests.
Electronic manifests that are obtained, completed, and transmitted in
accordance with WAC
173-303-180(9)
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 this section to obtain,
complete, sign, provide, use or retain a manifest.
(i) Any requirement in this section 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
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 dangerous waste
shipment.
(iv) Any requirement in
this section for an owner or operator of a facility to keep or retain a copy of
each manifest is satisfied by retention of the facility's electronic manifest
copies in its account on the national e-Manifest system, provided that such
copies are readily available for viewing and production upon request.
(v) An owner or operator of a facility may
not 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 EPA's electronic manifest system for which the owner or
operator bears no responsibility.
(b) 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.
(c) Special procedures
applicable to replacement manifests. If a facility receives dangerous 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 dangerous waste by the final transporter:
(i) Upon delivery of the dangerous 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 or Receipt) and note any discrepancies in Item 18 (Discrepancy
Indication Space) of the replacement manifest;
(ii) The owner or operator of the facility
must give back to the final transporter one copy of the paper replacement
manifest;
(iii) Within thirty days
of delivery of the dangerous 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 EPA e-Manifest system;
and
(iv) The owner or operator of
the facility must retain at the facility one copy of the paper replacement
manifest for at least five years from the date of delivery.
(d) Special procedures for
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 this 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 for at least five
years from the date of delivery of the waste.
(e) Imposition of user fee.
(i) As prescribed in 40 C.F.R. Part 264.1311,
and determined in Part 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 40 C.F.R. Part 264.1313.
(ii) An owner or operator subject to user
fees under this section shall make user fee payments in accordance with the
requirements of 40 C.F.R. Part 264.1314, subject to the informal fee dispute
resolution process of 40 C.F.R. Part 264. 1316, and subject to the sanctions
for delinquent payments under 40 C.F.R. Part 264.1315.
(f) Electronic manifest signatures.
Electronic manifest signatures shall meet the criteria described in WAC
173-303-180(11).
(g) Post-receipt manifest data corrections.
After facilities have certified to the receipt of dangerous 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.
(i) 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-Mani-fest for
such corrections, or by an upload of a data file containing data corrections
relating to one or more previously submitted manifests.
(ii) Each correction submission must include
the following information:
(A) The manifest
tracking number and date of receipt by the facility of the original manifest(s)
for which data are being corrected;
(B) The item number(s) of the original
manifest that is the subject of the submitted correction(s); and
(C) For each item number with corrected data,
the data previously entered and the corresponding data as corrected by the
correction submission.
(iii) 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 dangerous wastes to be true, accurate, and complete:
(A) The certification statement must be
executed with a valid electronic signature; and
(B) A batch upload of data corrections may be
submitted under one certification statement.
(iv) 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.
(v) 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 (g)(iii) of this subsection, and with notice of the
corrections to other interested persons shown on the manifest.
(11) Fees for the
electronic Hazardous Waste Manifest program. The fee requirements for the
electronic Hazardous Waste Manifest System at 40 C.F.R. Part, 264 Subpart FF
are incorporated by references.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-370, 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), §
173-303-370, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-370, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-370, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-370, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-370, filed 2/10/82. Formerly chapter 173-302
WAC.