06-096 C.M.R. ch. 857, § 9 - Manifest Requirements for Owners or Operators of Hazardous Waste Facilities

NOTE: Other requirements for owners and operators of waste facilities for hazardous waste appear in other rules of the Department dealing with specific aspects of hazardous waste management. See, for example, 06-096 C.M.R. ch. 852; 06-096 C.M.R. ch. 854; 06-096 C.M.R. ch. 855; and 06-096 C.M.R. ch. 856.

A. The owner or operator of a hazardous waste facility shall:

(1) Not accept hazardous waste from a generator or transporter unless the waste is accompanied by its manifest, properly completed by the generator and all transporters;

(2) Not accept any hazardous waste for which the facility is not licensed;

(3) Upon acceptance of a shipment of hazardous waste:

(a) Complete the facility owner or operator portion of the manifest including the owner's or operator's signature and date of acceptance, noting on the manifest discrepancy space any discrepancy, as defined in 40 C.F.R. §§264.72(a) and (b), and attempts made to reconcile the discrepancy. If a discrepancy in a manifest is discovered, the owner or operator shall attempt to reconcile the discrepancy, in accordance with 40 C.F.R. §264.72(c). If not resolved within 15 days, the owner or operator shall immediately submit a letter report including the discrepancy, the attempts to reconcile it, and a copy of the manifest to the Department. If the waste is rejected, the facility owner or operator shall note that on the manifest discrepancy space and comply with Section 9(A)(7) of this Chapter.

(b) Send the signed Designated Facility to Generator copy of the manifest to the generator within thirty (30) days of acceptance, or for e-Manifests by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter.

(c) Immediately give the Transporter's Copy of the manifest to the transporter, or for e-Manifests by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter, and

(d) Retain at the designated facility, the Designated Facility's Copy of the manifest signed by the generator, all transporters and the designated facility for at least three (3) years from the date of the designated facility's acceptance of the waste, or for e-Manifests retain by submission to EPA's electronic manifest system in accordance with Section 5(F)(4) of this Chapter; except that if the designated facility is the point of ultimate disposition of the waste, the owner or operator shall retain the copy of any paper manifest for the life of the facility or until the designated facility establishes to the satisfaction of the Commissioner that the waste is no longer hazardous; when the designated facility is no longer in operation, the owner's or operator's copies of the paper manifests must be submitted to the Commissioner or disposed of as the Commissioner may direct.

(e) In addition, determine whether the generator state regulates any additional wastes (beyond those regulated federally) as hazardous waste under its state hazardous waste program (i.e., state-only hazardous waste or other state-regulated waste) that requires the use of a manifest, and if so, do not accept the waste unless accompanied by a manifest, and comply with the manifest copy submission requirements and electronic manifest user fee requirements of Section 5(H) of this Chapter which incorporates by reference 40 C.F.R. §§260.4 and 260.5.

(4) Paper manifest submission requirements:

(a) Until June 29, 2021, send the top copy (Page 1), i.e., "Designated Facility to EPA's e-Manifest system" copy, of any paper manifest and any paper continuation sheet to the EPA's 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 e-Manifest system an image file of 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 30 days of the date of delivery. Submissions of copies to the e-Manifest system must be made at 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 the e-Manifest system.

(b) Beginning on June 30, 2021, the requirement to submit 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 e-Manifest system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system must be made to the electronic mail/submission address specified at the e-Manifest program website's directory of services; and

(5) Special procedures applicable to replacement manifests: If a facility receives hazardous waste that is accompanied by a paper replacement manifest (completed or reproduced pursuant to the "special procedures when electronic manifest is not available" under either Section 7(A)(1)(e) or 8(A)(5) of this Chapter) for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:

(a) Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest;

(b) The owner or operator of the facility shall give back to the final transporter one copy of the paper replacement manifest;

(c) Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility shall 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 electronic manifest system; and

(d) The owner or operator of the facility shall retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery, and as required in accordance with Section 9(A)(3)(d) of this Chapter if the designated facility is the point of ultimate disposition of the waste.

(6) Imposition of user fee for manifest submissions to EPA: The owner or operator of a designated facility who is a user of the electronic manifest system shall comply with the requirements of 40 C.F.R. §264.71(j) and 40 C.F.R. Part 264 Subpart FF, or 40 C.F.R. §265.71(j) and 40 C.F.R. Part 265 Subpart FF, as implemented and enforced by EPA.

(7) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 06-096 C.M.R. ch. 850, § 3(A)(7), the owner or operator of the facility shall:

(a) In accordance with 40 C.F.R. §264.72(d)(1), consult with the generator prior to forwarding the waste to an alternate facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the designated facility may return the rejected waste or residue to the generator. The designated facility shall send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.

(b) In accordance with 40 C.F.R. §264.72(d)(2), the designated facility shall ensure that either the delivering transporter retains custody of the waste, pending any arrangements for forwarding rejected wastes or residues to another facility under 40 C.F.R. §264.72(d), or the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared pursuant to 40 C.F.R. §§264.72(e) and (f).

(c) Comply with 40 C.F.R. §§264.72(e), (f) and (g) and retain a copy of the manifest in accordance with Section 9(A)(3)(d) of this Chapter.

B. An owner or operator of a hazardous waste facility which accepts a bulk shipment of hazardous waste by rail or water shall comply with the requirements of 40 C.F.R. §264.71(b), and in addition, if the manifest has not been received, shall send a copy of the shipping paper to the Department within seven (7) days of acceptance.

C. If hazardous waste accepted by a facility is subsequently to be moved to another facility, for whatever reason, the owner or operator of the waste facility from which the waste is to be moved becomes the generator of the waste and is subject to the generator requirements of this Chapter and other related rules, including the generator requirements of 06-096 C.M.R. ch. 851. The owner or operator of the waste facility from which the waste is to be moved must also determine whether the consignment state (i.e., the state to which a shipment of waste is manifested) regulates any additional wastes (beyond those regulated federally) as hazardous waste under its state hazardous waste program (i.e., state-only hazardous waste or other state-regulated waste) that requires the use of a manifest, and if applicable, initiate a manifest for the shipment and comply with the generator requirements of this Chapter and other related rules, including the generator requirements of 06-096 C.M.R. ch. 851.

D. An owner or operator of a hazardous waste facility which accepts hazardous waste imported from a foreign source shall comply with 40 C.F.R. §§264.71(a)(3), 264.71(d), 265.71(a)(3), 265.71(d) and all applicable requirements of transboundary movement of hazardous waste in accordance with 40 C.F.R. Part 262 Subpart H.

E. An owner or operator of a hazardous waste facility licensed to handle or treat universal waste shall keep a record of each shipment of universal waste received at the facility (i.e., destination facility). The record may take the form of a log, manifest, or uniform bill of lading. The record for each shipment of universal waste received must include the following:

(1) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;

(2) The quantity of each type of universal waste received (e.g., lamps, ballasts, CRTs, mercury switches); and

(3) The date of receipt of the shipment of universal waste.

Notes

06-096 C.M.R. ch. 857, § 9