Md. Code Regs. 26.13.03.04

Current through Register Vol. 51, No. 9, May 3, 2024

Section 26.13.03.04 - The Manifest

A. General Requirements.

(1) A generator who transports, or offers for transport, hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility who offers for transport a rejected hazardous waste load:

(a) Shall prepare a manifest (OMB control number 20500039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A; or

(b) May, instead of using the manifest forms specified in §A(1)(a) of this regulation, prepare and use an electronic manifest if the person complies with the requirements of:

(i) §E-1 of this regulation for use of electronic manifests; and

(ii)40 CFR § 3.10 for the reporting of electronic documents to EPA.

(2) A generator shall designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(3) A generator may also designate on the manifest one alternate facility which is permitted to handle the generator's waste if an emergency prevents delivery of the waste to the primary designated facility.

(4) A generator whose manifest for an interstate shipment has not been returned to the generator within the prescribed time of 45 days shall give notice of that to the:

(a) State in which the designated facility is located;

(b) State in which the shipment may have been delivered, or to the EPA in the case of an unauthorized state; and

(c) Department.

(5) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.

(6) Contiguous Property.

(a) The requirements of this regulation and Regulation .05C(2) of this chapter do not apply to the transport on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if this contiguous property is divided by a public or private right-of-way.

(b) Notwithstanding COMAR 26.13.04.01A(1), the generator or transporter shall comply with the requirements for transporters in COMAR 26.13.04.03 a in the event of a discharge of hazardous waste on a public or private right-of-way.

B. Manifest Printing-Requirements for Registrants.

(1) General Requirements.

(a) In this section, the following terms have the meanings indicated:

(i) "Registrant" means a person that seeks approval to print, or have printed, the manifest for use or distribution; and

(ii) "Approved registrant" means a person that has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to print, or have printed, the manifest for use or distribution.

(b) A registrant may not print, or have printed, the manifest for use or distribution unless the registrant has received approval from the EPA Director of the Office of Resource Conservation and Recovery or other authorized EPA official to do so.

(2) Approval Process for Registrants.

(a) EPA implements the program of review and approval of requests to print, or have printed, the manifest for use or distribution.

(b) A person who seeks to print, or have printed, the manifest for use or distribution shall apply to the EPA to become an approved registrant, following the procedures and subject to the requirements in 40 CFR § 262.21(a)-(f) and 40 CFR § 262.21(h)- (m).

(c) EPA is the implementing authority for the requirements referenced in §B(2)(b) of this regulation and does not delegate this authority to states. In complying with §B(2)(b) of this regulation, the person shall comply with the referenced requirements in 40 CFR § 262.21 as written, rather than substituting "the Department" for "EPA".

C. Obtaining Manifests and Information on State Requirements.

(1) A generator may use manifests printed by any source that has received approval from EPA to print the manifest under the provisions of 40 CFR § 262.21(c) and (e).

(2) Examples of entities that may be approved by the EPA to be a source of manifests include state agencies, commercial printers, hazardous waste generators, hazardous waste transporters, hazardous waste treatment, storage, and disposal facilities, and hazardous waste brokers or other persons who prepare or arrange shipments of hazardous waste for transportation.

(3) The generator shall determine whether the generator state or the consignment state for a shipment:

(a) Regulates any additional wastes beyond those federally regulated as hazardous wastes under the states' authorized hazardous waste regulatory programs; and

(b) Requires the generator to submit any copies of the manifest to these states.

D. Number and Distribution of Copies.

(1) The manifest consists of five preprinted copies and the additional number of photocopies needed so that copies can be distributed as described in §D(2) of this regulation.

(2) Manifest copies shall be distributed as follows:

(a) The generator shall retain one copy, in accordance with Regulation .06A(1) of this chapter;

(b) Each transporter shall retain one copy in accordance with COMAR 26.13.04.02C, reproducing the preprinted form if necessary;

(c) The designated facility shall retain one copy in accordance with COMAR 26.13.05.05B;

(d) The designated facility shall forward copies as indicated on the manifest to the:

(i) Generator; and

(ii) Electronic manifest system, in accordance with COMAR 26.13.05.05B if the designated facility is located in Maryland, or in accordance with 40 CFR § 264.71(a)(2)(v)(B) if the designated facility is not located in Maryland; and

(e) The generator, in accordance with §E(1) and (2) of this regulation:

(i) Shall forward a legible photocopy of the manifest to the consignment state if the consignment state is other than Maryland and the consignment state requires the generator to submit a copy of the manifest; and

(ii) Is not required to submit a copy of the manifest to the Department.

E. Use of the Manifest.

(1) The generator shall:

(a) Sign the manifest certification by hand;

(b) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and

(c) Retain one copy, in accordance with Regulation .06A(1) of this chapter.

(2) The generator shall forward a legible photocopy of the manifest to the consignment state if the consignment state:

(a) Is a state other than Maryland; and

(b) Requires the generator to submit a copy of the manifest.

(3) The generator shall give the transporter the remaining copies of the manifest.

(4) For shipment of hazardous waste within the United States solely by water (bulk shipments only), the generator shall send three copies of the manifest dated and signed in accordance with this regulation to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

(5) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least three copies of the manifest dated and signed in accordance with this section to the:

(a) Next nonrail transporter, if any;

(b) Designated facility if transported solely by rail; or

(c) Last rail transporter to handle the waste in the United States if exported by rail.

(6) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that:

(a) The owner or operator of the designated facility agrees to sign and return the manifest to the generator; and

(b) Any out-of-State transporter signs and forwards the manifest to the designated facility.

(7) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility in accordance with the requirements of COMAR 26.13.05.05C, COMAR 26.13.06.05A, or analogous regulations effective in the state in which the destination facility is located, the generator shall:

(a) Sign either:

(i) Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(ii) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(b) Provide the transporter with a copy of the manifest;

(c) Within 30 days of delivery of the rejected shipment or container residues contained in the non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(d) Retain at the generator's site a copy each manifest for at least 3 years from the date of delivery.

E-1. Use of the Electronic Manifest.

(1) Legal Equivalence to Paper Manifests. For the purposes of COMAR 26.13.01-.10:

(a) An electronic manifest that is obtained, completed, and transmitted in accordance with §A(1)(b) of this regulation, and used in accordance with this section instead of using EPA Forms 8700"22 and 8700"22A, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest;

(b) A requirement 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 §E-2 of this regulation;

(c) A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the electronic manifest system;

(d) A requirement for a generator to keep or retain a copy of a manifest is satisfied by retention of a signed electronic manifest in the generator's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and

(e) If a generator is unable to produce an electronic manifest for inspection in accordance with §E-1(1)(d) of this regulation, the generator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the generator 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 generator bears no responsibility.

(2) Accessing the Electronic Manifest System. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from the generator's own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator's site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.

(3) Restriction on Use of Electronic Manifests.

(a) Except as provided in §E-1(3)(b) of this regulation, a generator may use an electronic manifest for the tracking of waste shipments involving any hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest.

(b) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, instead of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.

(4) Requirement for One Printed Copy. To the extent that the U.S. Department of Transportation hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR § 177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest.

(5) Special Procedures When the Electronic Manifest System Is Unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason before the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator shall:

(a) Obtain and complete a paper manifest and, if necessary, a continuation sheet (EPA Forms 8700"22 and 8700"22A) in accordance with the manifest instructions; and

(b) Use the paper forms identified in §E-1(5)(a) of this regulation from this point forward for the shipment in accordance with the requirements of §E of this regulation.

(6) Special Procedures for Electronic Signature Methods Undergoing Tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the certification of the generator or offeror on the printed copy of the manifest provided under §E-1(4) of this regulation.

(7) Post-Receipt Manifest Data Corrections.

(a) 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 named on the manifest, such as a waste handler; and

(b) Generators may participate electronically in the postreceipt data corrections process by following the process described in COMAR 26.13.05.05B(11), which applies to corrections made to either paper or electronic manifest records.

E-2. Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if:

(1) Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and

(2) The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.

F. Waste Minimization Certification.

(1) For the purposes of the certification in §F(2) of this regulation:

(a) "Large quantity generator" means a person that generates, in a calendar month:

(i) 1,000 kilograms or more of hazardous waste; or

(ii) 1 kilogram or more of acute hazardous waste; and

(b) "Small quantity generator" means a person that generates, in a calendar month:

(i) Less than 1,000 kilograms of hazardous waste; and

(ii) Less than 1 kilogram of acute hazardous waste.

(2) A generator that initiates a shipment of hazardous waste and that is required to prepare a manifest in accordance with §A of this regulation shall certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:

(a) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment."; or

(b) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."

Md. Code Regs. 26.13.03.04

Regulations .04 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .04E adopted effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .04A, D, E amended effective May 24, 1993 (20:10 Md. R. 853)
Regulations .04A, D amended effective January 18, 1982 (9:1 Md. R. 20)
Regulations .04A, B, D amended effective July 30, 1984 (11:15 Md. R. 1330); amended effective 49:1 Md. R. 14, eff. 1/13/2022