Section 096-857-5 - General RequirementsA. A generator that transports, or offers for transportation, a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, shall prepare a manifest on EPA Form 8700-22 and, if necessary, EPA Form 8700-22A and shall comply with the manifest requirements of 40 C.F.R. §262.20(a), and Sections 7 and 9, respectively, of this Chapter. Persons required to prepare a manifest under 40 C.F.R. §262.20(a)(1) may prepare and use a paper manifest from an EPA-approved source in accordance with 40 C.F.R. §§262.21(g)(1) and (2), or prepare and use an electronic manifest in accordance with 40 C.F.R. §262.20(a)(3).B. A transporter shall comply with the manifest requirements of 40 C.F.R. §263.20 and Section 8 of this Chapter, including the requirements for the use of a paper uniform hazardous waste manifest or an electronic manifest, as applicable.C. Each generator, transporter and owner or operator of a hazardous waste facility shall comply with all the requirements and instructions which are specified on the manifest.D. If the transporter is unable to deliver the hazardous waste to the designated facility or to the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.E. In lieu of using the paper manifest a person required to prepare a manifest may prepare and use an electronic manifest, provided that the person: (1) Complies with the requirements in Section 5(F) of this Chapter; and(2) Complies with the requirements of 40 C.F.R. §3.10 for the reporting of electronic documents to EPA.F. Use of electronic manifest by generators, transporters, and owners or operators of a hazardous waste facility: (1)Legal equivalence to paper manifest: Electronic manifests that are obtained, completed, and transmitted in accordance with 40 C.F.R. §262.20(a)(3), and used in accordance with Section 5(E) of this Chapter in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in this Chapter to obtain, complete, sign, provide, use, or retain a manifest, except as provided in Section 5(F)(11) of this Chapter.(2) Any requirement in this Chapter 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 40 C.F.R. §262.25(a).(3) Any requirement in this Chapter 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 EPA's electronic manifest system.(4) Any requirement in this Chapter for a generator, transporter, or owner or operator of a hazardous waste facility to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest on the e-Manifest system in the account of the generator, transporter, or owner or operator, respectively, and provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.(5) Any requirement in this Chapter 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 or persons who are scheduled to receive delivery of the waste shipment, except as provided in Section 5(F)(11) of this Chapter.(6) No generator, transporter, or owner or operator of a hazardous waste facility may be held liable for the inability to produce an electronic manifest for inspection under this Chapter if the generator, transporter, or owner or operator of a hazardous waste facility can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which it bears no responsibility.(7) 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 hazardous waste shipment from the generator for off-site transportation.(8) 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. (9) An owner or operator of a hazardous waste facility may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or from portable equipment brought to the owner's or operator's site by the transporter who delivers the hazardous waste shipment to the facility.(10) A generator may use an electronic manifest for the tracking of waste shipments involving any hazardous waste only if it is known at the time the e-Manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that: - 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.
(11)Requirement for one printed copy: To the extent the DOT's hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 C.F.R. §177.817 as amended up to October 1, 2019, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest, and the transporter or any subsequent transporter shall carry one printed copy of the electronic manifest on the transport vehicle.(12)Special procedures for electronic signature methods undergoing tests: If a generator, transporter, or owner or operator of a hazardous waste facility prepares, uses or accepts an electronic manifest for a hazardous 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 the signature method, then the generator, transporter, or owner or operator of a hazardous waste facility shall also prepare, use, or accept, and sign a paper manifest (EPA Form 8700-22 and 8700-22A if necessary) including an ink signature, respectively, by the generator/offeror with its certification, by the transporter with its acknowledgement of receipt of materials, and by the facility with its certification of receipt and of any discrepancies, on the printed copy of the manifest provided under Section 5(F)(11) of this Chapter. NOTE: The Electronic Manifest System is operated and maintained by EPA. Use of the Electronic Manifest System is subject to EPA's fee structure found in 40 C.F.R. Part 264 Subpart FF and 40 C.F.R. Part 265 Subpart FF.
G. Post-receipt manifest data corrections: After facilities have certified to the receipt of hazardous 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 or transporters may participate electronically in the post-receipt data corrections process in accordance 40 C.F.R. §264.71(l), which applies to corrections made to either paper or electronic manifest records, as follows: (1) Interested persons shall make all corrections to manifest data by electronic submission either by directly entering corrected data to the web-based service provided in e-Manifest for such corrections, or by an upload of a data file containing corrections relating to one or more previously submitted manifests.(2) Each correction submission must include the following:(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.(3) Each correction submission must include a statement that the person submitting the corrections certifies that to the best of the person's knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous 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.(4) 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.(5) 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 Section 5(G)(3) of this Chapter, and with notice of the corrections to other interested persons shown on the manifest.H. Manifest copy submission requirements of 40 C.F.R. §260.4 for certain interstate waste shipments; and applicability of electronic manifest system and user fee requirements of 40 C.F.R. §260.5 to facilities receiving state-only regulated waste shipments:(1) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste, regardless of the state in which the facility is located, shall complete, sign and date, submit the manifest to the e-Manifest system, and pay the appropriate fee to EPA in accordance with 40 C.F.R. §§260.4(a)(1) through (4).(2) In any case in which a state requires a uniform hazardous waste manifest (EPA Form 8700-22 and if necessary continuation sheet EPA Form 8700-22A) to be used under state law to track the shipment and transportation of a state-only regulated waste, as defined in 40 C.F.R. 260.5(a), the facility receiving such a waste shipment for management shall comply with the manifest provisions and pay the appropriate fee to EPA in accordance with 40 C.F.R. §260.5(b). I. Availability of Information and Confidentiality of Information: (1) No claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 40 C.F.R. §262.20(a)(3).(2) EPA will make any electronic manifest that is prepared and used in accordance with 40 C.F.R. §262.20(a)(3), or any paper manifest that is submitted to the e-Manifest system under 40 C.F.R §§264.71(a)(2)(v) or 265.71(a)(2)(v) or Section 9(A)(4) of this Chapter available to the public under 40 C.F.R. §260.2(c)(2) when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the e-Manifest system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility or the hazardous waste shipment identified in the manifest. NOTE: State confidentiality provisions such as 38 M.R.S. §1310- B(2) are not applicable to the information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest because it is submitted and maintained in a federal database and will be made available to the public to the extent and in the manner authorized by the federal Freedom of Information Act, 5 U.S.C. section 552, section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and section 3007(b) and 40 C.F.R. §260.2, as applicable.
06-096 C.M.R. ch. 857, § 5