(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).
[Comment: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.]
(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 rule 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.
[Comment: Intermediate rail transporters are
not required to sign the manifest, movement document, or shipping
paper.]
(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.
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
