Current through August 26, 2024
(1)
(a) A registrant may not print, or have
printed, the manifest for use or distribution unless it has received approval
from the EPA Director of the Office of Resource Conservation and Recovery to do
so under subs. (3) and (5).
Note: This section is based on
40
CFR 262.21 and is administered and enforced
by EPA. Wisconsin has adopted these requirements into its rules for the
convenience of the regulated community.
(b) The approved registrant is responsible
for ensuring that the organizations identified in its application are in
compliance with the procedures of its approved application and the requirements
of this section. The registrant is responsible for assigning manifest tracking
numbers to its manifests.
(2) A registrant shall submit an initial
application to the EPA Director of the Office of Resource Conservation and
Recovery that contains all of the following information:
(a) Name and mailing address of
registrant.
(b) Name, telephone
number and email address of contact person.
(c) Brief description of registrant's
government or business activity.
(d) EPA identification number of the
registrant, if applicable.
(e)
Description of the scope of the operations that the registrant plans to
undertake in printing, distributing, and using its manifests, including all of
the following:
1. A description of the
printing operation. The description should include an explanation of whether
the registrant intends to print its manifests in-house or through a separate
and unaffiliated printing company. If the registrant intends to use a separate
printing company to print the manifest on its behalf, the application shall
identify this printing company and discuss how the registrant will oversee the
company. If this includes the use of intermediaries, such as prime and
subcontractor relationships, the role of each must be discussed. The
application shall provide the name and mailing address of each company. It also
shall provide the name and telephone number of the contact person at each
company.
2. A description of how
the registrant will ensure that its organization and unaffiliated companies, if
any, comply with the requirements of this section. The application shall
discuss how the registrant will ensure that a unique manifest tracking number
will be pre-printed on each manifest. The application shall describe the
internal control procedures to be followed by the registrant and unaffiliated
companies to ensure that numbers are tightly controlled and remain unique. In
particular, the application shall describe how the registrant will assign
manifest tracking numbers to its manifests. If computer systems or other
infrastructure will be used to maintain, track, or assign numbers, these should
be indicated. The application shall also indicate how the printer will
pre-print a unique number on each form, such as crash or press numbering. The
application also shall explain the other quality procedures to be followed by
each establishment and printing company to ensure that all required print
specifications are consistently achieved and that printing violations are
identified and corrected at the earliest practicable time.
3. An indication of whether the registrant
intends to use the manifests for its own business operations or to distribute
the manifests to a separate company or to the general public for
purchase.
(f) A brief
description of the qualifications of the company that will print the manifest.
The registrant may use readily available information to do so, such as
corporate brochures, product samples, customer references, or documentation of
ISO certification, so long as such information pertains to the establishments
or company being proposed to print the manifest.
(g) Proposed unique three-letter manifest
tracking number suffix. If the registrant is approved to print the manifest,
the registrant shall use this suffix to pre-print a unique manifest tracking
number on each manifest.
(h) A
signed certification by a duly authorized employee of the registrant that the
organizations and companies in its application will comply with the procedures
of its approved application and the requirements of this section and that it
will notify the EPA Director of the Office of Resource Conservation and
Recovery of any duplicated manifest tracking numbers on manifests that have
been used or distributed to other parties as soon as this becomes
known.
(3) EPA will
review the application submitted under sub. (2) and either approve it or
request additional information or modification before approving it.
(4)
(a)
Upon EPA approval of the application under sub. (3), EPA will provide the
registrant an electronic file of the manifest, continuation sheet, and manifest
instructions and ask the registrant to submit 3 fully assembled manifests and
continuation sheet samples, except as noted in par. (c). The registrant's
samples shall meet all of the specifications in sub. (6) and be printed by the
company that will print the manifest as identified in the application approved
under sub. (3).
(b) The registrant
shall submit a description of the manifest samples as follows:
1. Paper type including the manufacturer and
grade of the manifest paper.
2.
Paper weight of each copy.
3. Ink
color of the manifest's instructions. If screening of the ink was used, the
registrant shall indicate the extent of the screening.
4. Method of binding the copies.
(c) The registrant need not submit
samples of the continuation sheet if it will print its continuation sheet using
the same paper type, paper weight of each copy, ink color of the instructions,
and binding method as its manifest form samples.
(5) EPA will evaluate the forms and either
approve the registrant to print them as proposed or request additional
information or modification to them before approval. EPA will notify the
registrant of its decision by mail. The registrant cannot use or distribute its
forms until EPA approves them. An approved registrant shall print the manifest
and continuation sheet according to its application approved under sub. (3) and
the manifest specifications in sub. (6). It also shall print the forms
according to the paper type, paper weight, ink color of the manifest
instructions and binding method of its approved forms.
(6) Paper manifests and continuation sheets
shall be printed according to the following specifications:
(a) The manifest and continuation sheet shall
be printed with the exact format and appearance as EPA Forms 8700-22 and
8700-22A, respectively. However, information required to complete the manifest
may be pre-printed on the manifest form.
(b) A unique manifest tracking number
assigned in accordance with a numbering system approved by EPA shall be
pre-printed in item 4 of the manifest. The tracking number shall consist of a
unique three-letter suffix following 9 digits.
(c) The manifest and continuation sheet shall
be printed on 8 1D2 x 11-inch white paper, excluding common stubs, such as top-
or side-bound stubs. The paper shall be durable enough to withstand normal
use.
(d) The manifest and
continuation sheet shall be printed in black ink that can be legibly
photocopied, scanned, or faxed, except that the marginal words indicating copy
distribution shall be printed with a distinct ink color or with another method,
such as white text against black background in text box, or, black text against
grey background in text box, that clearly distinguishes the copy distribution
notations from the other text and data entries on the form.
(7)
(a) 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 subs. (3) and (5). A registered source may be
any of the following:
1. State
agency.
2. Commercial
printer.
3. Hazardous waste
generator, transporter or a treatment, storage, or disposal facility.
4. Hazardous waste broker or other preparer
who prepares or arranges shipments of hazardous waste for
transportation.
(b) A
generator shall 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 shall 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)
(a) If an approved registrant would like to
update any of the information provided in its application approved under sub.
(3), such as to update a company phone number or name of contact person, the
registrant shall revise the application and submit it to the EPA Director of
the Office of Resource Conservation and Recovery, along with an indication or
explanation of the update, as soon as practicable after the change occurs. EPA
either will approve or deny the revision. If EPA denies the revision, it will
explain the reasons for the denial, and it will contact the registrant and
request further modification before approval.
(b) If the registrant would like a new
tracking number suffix, the registrant shall submit a proposed suffix to the
EPA Director of the Office of Resource Conservation and Recovery, along with
the reason for requesting it. EPA will either approve the suffix or deny the
suffix and provide an explanation why it is not acceptable.
(c) If a registrant would like to change the
paper type, paper weight, ink color of the manifest instructions, or binding
method of its manifest or continuation sheet subsequent to approval under sub.
(5), then the registrant shall submit 3 samples of the revised form for EPA
review and approval. If the approved registrant would like to use a new
printer, the registrant shall submit 3 manifest samples printed by the new
printer, along with a brief description of the printer's qualifications to
print the manifest. EPA will evaluate the manifests and either approve the
registrant to print the forms as proposed or request additional information or
modification to them before approval. EPA will notify the registrant of its
decision by mail. The registrant cannot use or distribute its revised forms
until EPA approves them.
(9) If, subsequent to its approval under sub.
(5), a registrant typesets its manifest or continuation sheet instead of using
the electronic file of the forms provided by EPA, it shall submit 3 samples of
the manifest or continuation sheet to the registry for approval. EPA will
evaluate the manifests or continuation sheets and either approve the registrant
to print them as proposed or request additional information or modification to
them before approval. EPA will notify the registrant of its decision by mail.
The registrant cannot use or distribute its typeset forms until EPA approves
them.
(10) EPA may exempt a
registrant from the requirement to submit form samples under sub. (4) or (8)
(c) if EPA is persuaded that a separate review of the registrant's forms would
serve little purpose in informing an approval decision, such as a registrant
certifies that it will print the manifest using the same paper type, paper
weight, ink color of the instructions and binding method of the form samples
approved for some other registrant. A registrant may request an exemption from
EPA by indicating why an exemption is warranted.
(11) An approved registrant shall notify EPA
by phone or email as soon as it becomes aware that it has duplicated tracking
numbers on any manifests that have been used or distributed to other
parties.
(12) If, subsequent to
approval of a registrant under sub. (5), EPA becomes aware that the approved
paper type, paper weight, ink color of the instructions, or binding method of
the registrant's form is unsatisfactory, EPA will contact the registrant and
require modifications to the form.
(13)
(a)
EPA may suspend and, if necessary, revoke printing privileges if EPA finds that
the registrant:
1. Has used or distributed
forms that deviate from its approved form samples in regard to paper weight,
paper type, ink color of the instructions, or binding method.
2. Exhibits a continuing pattern of behavior
in using or distributing manifests that contain duplicate manifest tracking
numbers.
(b) EPA will
send a warning letter to the registrant that specifies the date by which it
must come into compliance with the requirements. If the registrant does not
come in compliance by the specified date, EPA will send a second letter
notifying the registrant that EPA has suspended or revoked its printing
privileges. An approved registrant shall provide information on its printing
activities to EPA if requested.
For information on manifest tracking numbers, manifest
printing, or obtaining manifests, refer to
40
CFR
262.21.
