Ohio Admin. Code 3745-54-71 - Use of manifest system
(A)
Receipt of a
shipment of hazardous waste accompanied by a manifest.
(1)
If a facility
receives hazardous waste accompanied by a manifest, the owner or operator or
the owner's or operator's agent shall sign and date the manifest, as indicated
in paragraph (A)(2) of this rule, to certify that the hazardous waste covered
by the manifest was received, that the hazardous waste was received except as
noted in the discrepancy space of the manifest, or that the hazardous waste was
rejected as noted in the discrepancy space of the manifest.
(2)
If a facility
receives a hazardous waste shipment accompanied by a manifest, the owner or
operator or the owner's or operator's agent shall do all of the
following:
(a)
Sign and date, by hand, each copy of the
manifest.
(b)
Note any discrepancies [as described in paragraph (A)
of rule
3745-54-72
of the Administrative Code] on each copy of the manifest.
(c)
Immediately give
the transporter at least one copy of the manifest.
(d)
Within thirty
days after delivery, send a copy (page 1) of the manifest to the
generator.
(e)
Paper manifest submittal requirements are as
follows:
(i)
Options for compliance on June 30, 2018. Beginning on June
30, 2018, send the top copy (page 1) of any paper manifest and any paper
continuation sheet to the U.S. EPA's e-manifest system for purposes of data
entry and processing, or in lieu of submitting the paper copy to U.S. EPA, the
owner or operator may transmit to the U.S. EPA 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
thirty days after the date of delivery. Submittals of copies to the e-manifest
system shall be made at the mailing address or electronic mail or submittal
address specified at the e-manifest program website's directory of services.
Beginning on June 30, 2021, U.S. EPA shall not accept mailed paper manifests
from facilities for processing in e-manifest.
(ii)
Options for
compliance on June 30, 2021. 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 U.S. EPA system an
image file of page 1 of the manifest and any continuation sheet, or by
transmitting to the U.S. EPA system both a data file and the image file
corresponding to page 1 of the manifest and any continuation sheet, within
thirty days after the date of delivery. Submittals of copies to the e-manifest
system shall be made to the electronic mail or submittal address specified at
the e-manifest program website's directory of
services.
(f)
Retain at the facility a copy of each manifest for at
least three years after the date of delivery.
(3)
The owner or
operator of a facility receiving hazardous waste subject to 40 C.F.R. Part 262
subpart H from a foreign source shall do all of the following:
(a)
Additionally list
the relevant consent number from consent documentation supplied by U.S. EPA to
the facility for each waste listed on the manifest, matched to the relevant
list number for the waste from block 9b. If additional space is needed, the
owner or operator should use a continuation sheet (U.S. EPA form
8700-22A).
(b)
Send a copy of the manifest within thirty days after
delivery to U.S. EPA using the addresses listed in
40 C.F.R.
262.82(e) until the facility
can submit such a copy to the e-manifest system in accordance with paragraph
(A)(2)(e) of this rule.
(B)
If a facility
receives, from a rail or water (bulk shipment) transporter, hazardous waste
which is accompanied by a shipping paper containing all the information
required on the manifest, excluding the U.S. EPA identification numbers,
generator's certification, and signatures, the owner or operator, or the
owner's or operator's agent, shall do all of the following:
(1)
Sign and date
each copy of the manifest or shipping paper (if the manifest has not been
received) to certify that the hazardous waste covered by the manifest or
shipping paper was received.
(2)
Note any
significant discrepancies [as described in paragraph (A) of rule
3745-54-72
of the Administrative Code] in the manifest or shipping paper (if the manifest
has not been received) on each copy of the manifest or shipping paper.
(3)
Immediately give
the rail or water (bulk shipment) transporter at least one copy of the manifest
or shipping paper if the manifest has not been received.
(4)
Within thirty
days after the delivery, send a copy of the signed and dated manifest or a
signed and dated copy of the shipping paper (if the manifest has not been
received within thirty days after delivery) to the generator; however, if the
manifest has not been received within thirty days after delivery, the owner or
operator, or the owner's or operator's agent, shall send a copy of the shipping
paper signed and dated to the generator.
(5)
Retain at the facility a copy of the manifest and
shipping paper (if signed in lieu of the manifest at the time of delivery) for
at least three years after the date of delivery.
(C)
When a shipment
of hazardous waste is initiated from a facility, the owner or operator of that
facility shall comply with Chapter 3745-52 of the Administrative Code. Rules
3745-52-15, 3745-52-16, and 3745-52-17 of the Administrative Code are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, rules 3745-52-15, 3745-52-16, and 3745-52-17 of the Administrative
Code apply only to owners or operators who are shipping hazardous waste which
the owners or operators generated at that facility or are operating as a large
quantity generator consolidating hazardous waste from very small quantity
generators under paragraph (F) of rule 3745-52-17 of the Administrative
Code.
(D)
Pursuant to
40 C.F.R.
262.84(d)(2)(xv), within
three working days after the receipt of a shipment subject to 40 C.F.R. Part
262 subpart H, the owner or operator of a facility shall provide a copy of the
movement document bearing all required signatures to the foreign exporter; to
competent authorities of the countries of export and transit that control the
shipment as an export and transit of hazardous waste respectively; and on or
after the electronic import-export reporting compliance date, to U.S. EPA
electronically using U.S. EPA's waste import export tracking system (WIETS) or
the successor system. The original signed copy of the movement document shall
be maintained at the facility for at least three years after the date of
signature. The owner or operator of a facility may satisfy this recordkeeping
requirement by retaining electronically submitted documents in the facility's
account on U.S. EPA's WIETS, or the successor system, provided that copies are
readily available to view and produce if requested by any U.S. EPA or Ohio EPA
inspector. No owner or operator of a facility may be held liable for the
inability to produce the documents for inspection under this rule if the owner
or operator of a facility can demonstrate that the inability to produce the
document is due exclusively to technical difficulty with U.S. EPA's WIETS, or
the successor system, for which the owner or operator of a facility bears no
responsibility.
(E)
An owner or operator of a facility shall determine
whether the consignment state for a shipment regulates any additional wastes
(beyond those regulated by U.S. EPA) as hazardous wastes under the consignment
state's hazardous waste program. Owners or operators of facilities also shall
determine whether the consignment state or generator state requires the
facility to submit any copies of the manifest to these states.
(F)
Legal equivalence
to paper manifests. 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
the paper manifest form, 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, provide, use, or retain a
manifest.
(1)
Any requirement in the hazardous waste rules for the owner
or operator of a facility 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.
(2)
Any requirement
in the hazardous waste rules to give, provide, send, forward, or to return to
another person a copy of the manifest is satisfied when a copy of an electronic
manifest is transmitted to the other person.
(3)
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.
(4)
Any requirement
in the hazardous waste rules for an owner or operator to keep or retain a copy
of each manifest is satisfied by the retention of the facility's electronic
manifest copies in the facility'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.
(5)
No owner or
operator may be held liable for the inability to produce an electronic manifest
for inspection under this rule if the owner or operator can demonstrate that
the inability to produce the electronic manifest is due exclusively to a
technical difficulty with the electronic manifest system for which the owner or
operator bears no responsibility.
(G)
An owner or
operator may participate in the electronic manifest system either by accessing
the electronic manifest system from the owner's or operator's electronic
equipment, or by accessing the electronic manifest system from portable
equipment brought to the owner's or operator's site by the transporter who
delivers the waste shipment to the facility.
(H)
Special
procedures applicable to replacement manifests. If a facility receives
hazardous waste that is accompanied by a paper replacement manifest for a
manifest that was originated electronically, all of the following procedures
apply to the delivery of the hazardous waste by the final transporter:
(1)
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.
(2)
The owner or operator of the facility shall give back
to the final transporter one copy of the paper replacement
manifest.
(3)
Within thirty days after 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
shall send an additional signed and dated copy of the paper replacement
manifest to the electronic manifest system.
(4)
The owner or
operator of the facility shall retain at the facility one copy of the paper
replacement manifest for at least three years after the date of
delivery.
(I)
Special procedures applicable to electronic signature
methods undergoing tests. If an owner or operator 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 owner or
operator shall also sign with an ink signature the facility's certification of
receipt or discrepancies on the printed copy of the manifest provided by the
transporter. Upon executing the ink signature on this printed copy, the owner
or operator shall retain this original copy in the facility's records for at
least three years after the date of delivery of the waste.
(J)
Imposition of
user fee for manifest submittals.
(1)
As prescribed in
40 C.F.R.
264.1311, and determined in
40 C.F.R.
264.1312, an owner or operator who is a user
of the electronic manifest system shall be assessed a user fee by U.S. EPA for
the submittal and processing of each electronic and paper manifest. U.S. EPA
shall update the schedule of user fees and publish these updates to the user
community, as provided in
40 C.F.R.
264.1313.
(K)
Electronic
manifest signatures. Electronic manifest signatures shall meet the criteria
described in
40 C.F.R.
262.25.
(L)
Post-receipt
manifest data corrections. After owners or operators of 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) shown on the manifest.
(1)
Interested
persons shall make all corrections to manifest data by electronic submittal,
either by directly entering corrected data to the web based service provided in
the e-manifest system for such corrections, or by an upload of a data file
containing data corrections relating to one or more previously submitted
manifests.
(2)
Each correction submittal shall include all of the
following:
(a)
The manifest tracking number and date of receipt by the
facility of the original manifest for which data are being
corrected.
(b)
The item number of the original manifest that is the
subject of the submitted correction.
(c)
For each item
number with corrected data, the data previously entered and the corresponding
data as corrected by the correction submittal.
(3)
Each correction
submittal shall include a statement that the person submitting the corrections
certifies that to the best of the submitter's knowledge or belief, the
corrections that are included in the submittal shall cause the information
reported about the previously received hazardous wastes to be true, accurate,
and complete including both of the following:
(a)
The certification
statement shall be executed with a valid electronic signature.
(b)
A batch upload of
data corrections may be submitted under one certification
statement.
(4)
Upon receipt by the system of any correction submittal,
other interested persons shown on the manifest shall 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 paragraph (L)(3) of this rule, and
with notice of the corrections to other interested persons shown on the
manifest.
Replaces: 3745-54-71 rescinded
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 12/07/2004, 02/16/2009, 03/17/2012, 02/12/2018
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