General Requirements

(1) A generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, disposal or use, must prepare a manifest (OMB Control number 2050-0039) on EPA form 8700-22, and 8700-22A if necessary, in effect on July 1, 2019, before the waste is transported off-site. Failure to complete any applicable portion of the manifest in compliance with 310 CMR 30.000 and the instructions on the manifest shall be a violation of M.G.L. c. 21C and of 310 CMR 30.000. The following requirements for the hazardous waste manifest and e-manifest system, as in effect on July 1, 2019, are hereby incorporated by reference: 40 CFR 262.20(a)(2) and (3), 40 CFR 262.24(a)-262.24(h), 40 CFR 262.25-262.25(a), 40 CFR 264.71(a)(2)-264.71(l)(5), 40 CFR 264.1086(c)(4)(i)-264.1086(d)(4)(i), 40 CFR 265.71(a)(2)-265.71(a)(2)(iv), 40 CFR 265.71(f)-265.71(l)(5), 40 CFR 265.1087(c)(4)(i), and 40 CFR 265.1087(d)(4)(i). (2) The generator shall designate on the manifest the primary transporter and all continuing transporters. (3) The generator shall designate on the manifest one facility to receive the hazardous waste described on the manifest. The designated facility shall meet the requirements of 310 CMR 30.305. (4) The generator may also designate on the manifest one alternate facility to receive the hazardous waste described on the manifest in the event an emergency prevents delivery of the waste to the primary designated facility. The alternate facility shall meet the requirements of 310 CMR 30.305. (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, which shall meet the requirements of 310 CMR 30.305, or instruct the transporter to return the waste to the generator. In such a case, the generator shall keep a record of all communications with the transporter regarding what happened to any hazardous waste which has left the generator's custody or possession. The generator shall promptly submit this record to the Department. (6) Manifest copy submission requirements for certain interstate waste shipments. (a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located: 1. Complete the facility portion of the applicable manifest; 2. Sign and date the facility certification; 3. Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and 4. Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264. (7) Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments. (a) For purposes of this section, "state-only regulated waste" means: 1. A non-RCRA waste that a state regulates more broadly under its state regulatory program; or 2. A RCRA hazardous waste that is federallyexempt from manifest requirements, but not exempt from manifest requirements under state law. (b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall: 1. Comply with the provisions of 40 CFR 264.71 (use of the manifest) and 264.72 (manifest discrepancies); and 2. Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264. (8) After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 310 CMR 30.311(1). EPA will make any electronic manifest that is prepared and used in accordance with 40 CFR 262.20(a)(3), or any paper manifest that is submitted to the system under 40 CFR 264.71(a)(6) or 265.71(a)(6) available to the public under this section when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.