Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 263.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Part 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Subpart B - Compliance With the Manifest System and Recordkeeping › Section 11-263.20 - The manifest system

Current through June, 2024
(a)
(1) Manifest requirement. A transporter may
					 not accept hazardous waste from a generator unless the transporter is also
					 provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form
					 8700-22A) signed in accordance with the requirement of § 262.23, or is
					 provided with an electronic manifest that is obtained, completed, and
					 transmitted in accordance with § 262.20(a)(3) of this chapter, and signed
					 with a valid and enforceable electronic signature as described in
					 40 CFR
					 262.25 [federal].
(2) Exports. For exports of hazardous waste
					 subject to the requirements of subpart H of 40 CFR part 262 , a transporter may
					 not accept hazardous waste without a manifest signed by the generator in
					 accordance with this section, as appropriate, and for exports occurring under
					 the terms of a consent issued by EPA on or after December 31, 2016, a movement
					 document that includes all information required by
					 40 CFR
					 262.83(d).
(3) Compliance date for form revisions. The
					 revised Manifest form and procedures in
					 40
					 CFR 260.10,
					 261.7,
					 263.20, and
					 263.21,
					 had an effective date of September 5, 2006. The Manifest form and procedures in
					 40
					 CFR 260.10,
					 261.7,
					 263.20, and
					 263.21,
					 contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004
					 [federal], 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 §
					 262.20(a)(3) of this chapter, and used in accordance with this section 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 these regulations to obtain, complete, sign, carry, provide,
					 give, use, or retain a manifest.
(i) Any
					 requirement in these regulations 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 CFR
					 262.25 [federal].
(ii) Any requirement in these regulations 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 submission to the system.
(iii) Any requirement in these regulations
					 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 CFR 177.817, a
					 hazardous waste transporter must carry one printed copy of the electronic
					 manifest on the transport vehicle.
(iv) Any requirement in these regulations 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 for viewing
					 and production if requested by any EPA or authorized state inspector.
(v) No transporter may be held liable for the
					 inability to produce an electronic manifest for inspection under this section
					 if that transporter can demonstrate that the inability to produce the
					 electronic manifest is exclusively due to a technical difficulty with the 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 should become unavailable for any reason, then:
(i) 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)(iii)(A) of this section, 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 their files, plus two additional copies that
					 will be delivered to the designated facility with the hazardous
					 waste.
(ii) 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 shall also
					 include a brief explanation why the electronic manifest was not available for
					 completing the tracking of the shipment electronically.
(iii) A transporter signing a replacement
					 manifest to acknowledge receipt of the hazardous waste must ensure that each
					 paper copy is individually signed and that a legible handwritten signature
					 appears on each copy.
(iv) 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)(iii)(A) of this section. This printed copy
					 bearing the generator's and transporter's ink signatures shall also 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/operator of the designated facility has signed this printed manifest
					 copy with its 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 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 § 264.71(l) of
					 this chapter, which applies to corrections made to either paper or electronic
					 manifest records.