South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Subpart B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING › Section 61-79.263.B.20 - The manifest system

Current through Register Vol. 48, No. 6, June 28, 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 section 262.23, or is
				  provided with an electronic manifest that is obtained, completed, and
				  transmitted in accordance with section 262.20(a)(3), and signed with a valid
				  and enforceable electronic signature as described in section 262.25.
(2) Exports. For exports of hazardous waste
				  subject to the requirements of part 262 subpart H, 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 section 262.83(d).
(3) Compliance Date for Form Revisions. The
				  revised Manifest form and procedures in 260.10, 261.7, 263.20, and 263.21, had
				  an effective date of September 5, 2006. The Manifest form and procedures in
				  260.10, 261.7, 263.20, and 263.21, contained in 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 262.20(a)(3)
				  of this chapter, and used in accordance with this section instead 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.
(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 section 264.71(l),
				  which applies to corrections made to either paper or electronic manifest
				  records.