Ohio Admin. Code 3745-53-20 - The manifest system and acceptance and handling of hazardous waste
(A)
Requirements for transporters prior to accepting
hazardous waste.
(1)
Manifest requirement. A transporter may not accept
hazardous waste from a generator unless the transporter is also provided with a
manifest form (U.S. EPA form 8700-22, and if necessary, U.S. EPA form 8700-22A)
signed in accordance with rule
3745-52-23 of
the Administrative Code, or is provided with an electronic manifest that is
obtained, completed, and transmitted in accordance with paragraph (A)(3) of
rule
3745-52-20
of the Administrative Code, and signed with a valid and enforceable electronic
signature as described in
40 C.F.R.
262.25.
(2)
Exports. For
exports of hazardous waste subject to 40 C.F.R. Part 262 subpart H, a
transporter may not accept hazardous waste without a manifest signed by the
generator in accordance with this rule, as appropriate, and for exports
occurring under the terms of a consent issued by U.S. EPA on or after December
31, 2016, a movement document that includes all information required by
40 C.F.R.
262.83(d).
(3)
Compliance date for form revisions. The revised
manifest form and procedures in
40
C.F.R. 260.10,
261.7,
263.20, and
263.21,
had an effective date of September 5, 2006. The manifest form and procedures in
40
C.F.R. 260.10,
261.7,
263.20, and
263.21,
in the 40 C.F.R. Parts 260 to 265, edition revised as of July 1, 2004, were
applicable until September 5, 2006.
(4)
Use of electronic
manifest legal equivalence to paper forms for participating transporters.
Electronic manifests that are obtained, completed, and transmitted in
accordance with paragraph (A)(3) of rule
3745-52-20
of the Administrative Code, and used in accordance with this rule in lieu of
U.S. 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 the hazardous waste rules to obtain, complete, sign, carry,
provide, give, use, or retain a manifest.
(a)
Any requirement
in the hazardous waste rules 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).
(b)
Any requirement
in the hazardous waste rules to give, provide, send, forward, or return to
another person a copy of the manifest is satisfied when a copy of an electronic
manifest is transmitted to the other person by submittal to the
system.
(c)
Any requirement in the hazardous waste rules 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 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
49 C.F.R.
177.817, a hazardous waste transporter shall
carry one printed copy of the electronic manifest on the transport
vehicle.
(d)
Any requirement in the hazardous waste rules for a
transporter to keep or retain a copy of a manifest is satisfied by the
retention of an electronic manifest in the transporter's account on the
e-manifest system, provided that such copies are readily available to view and
produce if requested by any U.S. EPA or Ohio EPA inspector.
(e)
No transporter
may be held liable for the inability to produce an electronic manifest for
inspection under this rule if that transporter can demonstrate that the
inability to produce the electronic manifest is exclusively due to a technical
difficulty with the U.S. EPA system for which the transporter bears no
responsibility.
(5)
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.
(6)
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 becomes unavailable for any
reason, then the transporter shall do the following:
(a)
The transporter
in possession of the hazardous waste when the electronic manifest becomes
unavailable shall reproduce sufficient copies of the printed manifest that is
carried on the transport vehicle pursuant to paragraph (A)(4)(c) of this rule,
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 the files of the transporter and all subsequent
waste handlers, plus two additional copies to be delivered to the designated
facility with the hazardous waste.
(b)
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 a manifest originated in the electronic manifest system, shall
include (if not pre-printed on the replacement manifest) the manifest tracking
number of the electronic manifest that is replaced by the paper manifest, and
also shall include a brief explanation why the electronic manifest was not
available to complete the tracking of the shipment
electronically.
(c)
A transporter signing a replacement manifest to
acknowledge receipt of the hazardous waste shall ensure that each paper copy is
individually signed and that a legible handwritten signature appears on each
copy.
(d)
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.
(7)
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 the signature
method, then the transporter shall sign the electronic manifest electronically
and also sign with an ink signature the transporter acknowledgement of receipt
of materials on the printed copy of the manifest that is carried on the vehicle
in accordance with paragraph (A)(4)(c) of this rule. This printed copy bearing
the generator's and transporter's ink signatures also shall 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 or
operator of the designated facility has signed this printed manifest copy with
the owner or operator of the designated facility's ink signature, the printed
manifest copy shall be delivered to the designated facility with the waste
materials.
(8)
[Reserved.]
(9)
Post-receipt
manifest data corrections. After the owner or operator of designated facilities
have certified to the receipt of hazardous 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) named on the manifest. Transporters may
participate electronically in the post-receipt data corrections process by
following the process described in paragraph (L) of rule
3745-54-71
of the Administrative Code, which applies to corrections made to either paper
or electronic manifest records.
(B)
Before
transporting the hazardous waste, the transporter shall sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator.
The transporter shall return a signed copy to the generator before leaving the
generator's property.
(C)
The transporter shall ensure that the manifest
accompanies the hazardous waste. In the case of exports occurring under the
terms of a consent issued by U.S. EPA to the exporter on or after December 31,
2016, the transporter shall ensure that a movement document that includes all
information required by
40 C.F.R.
262.83(d) also accompanies
the hazardous waste. In the case of imports occurring under the terms of a
consent issued by U.S. EPA to the country of export or the importer on or after
December 31, 2016, the transporter shall ensure that a movement document that
includes all information required by
40 C.F.R.
262.84(d) also accompanies
the hazardous waste.
(D)
A transporter who delivers a hazardous waste to another
transporter or to the designated facility shall do all of the following:
(1)
Obtain the date
of delivery and the handwritten signature of that transporter or of the owner
or operator of the designated facility on the manifest.
(2)
Retain one copy
of the manifest in accordance with rules
3745-53-22
of the Administrative Code.
(3)
Give the
remaining copies of the manifest to the accepting transporter or designated
facility.
(E)
Paragraphs (C), (D), and (F) of this rule do not apply
to water (bulk shipment) transporters if the following occur:
(1)
The hazardous
waste is delivered by water (bulk shipment) to the designated
facility.
(2)
A shipping paper that contains all the information
required on the manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports or imports occurring under the
terms of a consent issued by U.S. EPA on or after December 31, 2016, a movement
document that includes all information required by
40 C.F.R.
262.83(d) or
262.84(d)
accompanies the hazardous waste.
(3)
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.
(4)
The person who delivers the hazardous 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
the manifest to the designated facility.
(5)
A copy of the
shipping paper or manifest is retained by each water (bulk shipment)
transporter in accordance with rule
3745-53-22
of the Administrative Code.
(F)
For shipments
that involve rail transportation, paragraphs (C), (D) and (E) of this rule do
not apply and the following requirements do apply:
(1)
When accepting
hazardous waste from a non-rail transporter, the initial rail transporter shall
do the following:
(a)
Sign and date the manifest acknowledging acceptance of
the hazardous waste.
(b)
Return a signed copy of the manifest to the non-rail
transporter.
(c)
Forward at least three copies of the manifest to one of
the following:
(i)
The next non-rail transporter, if any.
(ii)
The designated
facility, if the shipment is delivered to that facility by
rail.
(iii)
The last rail transporter designated to handle the
waste in the United States.
(d)
Retain one copy
of the manifest and rail shipping paper in accordance with rule
3745-53-22
of the Administrative Code.
(2)
Rail transporters
shall ensure that a shipping paper that contains all the information required
on the manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports or imports occurring under the
terms of a consent issued by U.S. EPA on or after December 31, 2016, a movement
document that includes all information required by
40 C.F.R.
262.83(d) or
262.84(d)
accompanies the hazardous waste at all times.
(3)
When delivering hazardous waste to the designated
facility, a rail transporter shall do the following:
(a)
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).
(b)
Retain a copy of
the manifest or signed shipping paper in accordance with rule
3745-53-22
of the Administrative Code.
(4)
When delivering
hazardous waste to a non-rail transporter a rail transporter shall do the
following:
(a)
Obtain the date of delivery and the handwritten signature of
the next non-rail transporter on the manifest.
(b)
Retain a copy of
the manifest in accordance with rule
3745-53-22
of the Administrative Code.
(5)
Before accepting
hazardous waste from a rail transporter, a non-rail transporter shall sign and
date the manifest and provide a copy to the rail transporter.
(G)
Transporters who transport hazardous waste out of the
United States shall do all of the following:
(1)
Sign and date the
manifest in the international shipments block to indicate the date that the
shipment left the United States.
(2)
Retain one copy
in accordance with paragraph (D) of rule
3745-53-22
of the Administrative Code.
(3)
Return a signed
copy of the manifest to the generator.
(4)
For paper
manifests only:
(a)
Send a copy of the manifest to the e-manifest system in
accordance with the allowable methods specified in paragraph (A)(2)(e) of rule
3745-54-71
of the Administrative Code.
(b)
For shipments
initiated prior to December 31, 2017 [the automated export system 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.
(H)
A transporter
transporting hazardous waste from a generator who generates greater than one
hundred kilograms but less than one thousand kilograms of hazardous waste in a
calendar month need not comply with the requirements of this rule or rule
3745-53-22
of the Administrative Code provided that all of the following requirements are
met:
(1)
The
waste being transported pursuant to a reclamation agreement as provided for in
paragraph (E) of rule
3745-52-20
of the Administrative Code.
(2)
The transporter
records, on a log or shipping paper, all of the following information for each
shipment:
(a)
The name, address, and U.S. EPA identification number of the
generator of the waste.
(b)
The quantity of waste accepted.
(c)
All department of
transportation required shipping information.
(d)
The date the
waste is accepted.
(3)
The transporter
carries this record when transporting waste to the reclamation
facility.
(4)
The transporter retains these records for a period of
at least three years after termination or expiration of the agreement.
Replaces: 3745-53-20 rescinded
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 11/29/1983, 09/22/1986, 12/30/1989, 12/07/2004, 02/16/2009, 03/17/2012, 02/12/2018
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