Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-53 - Transporter Standards › Section 3745-53-20 - The manifest system and acceptance and handling of hazardous waste

Current through all regulations passed and filed through July 1,
			 2024
(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.