Manifest Requirements

(1) A transporter may not accept hazardous waste from a generator or from another transporter 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 310 CMR 30.310 and 40 CFR 262.23, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3), and signed with a valid and enforceable electronic signature as described in 40 CFR 262.25. (a) 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). (b) 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 263.20(a)(3)-263.20(a)(9), 263.21(b)(2)-(4), 263.21(c)(2), 263.25(a). (2) Before accepting or transporting hazardous waste, the transporter shall sign and date the manifest, thereby acknowledging acceptance of the hazardous waste from the generator or other transporter. The first transporter shall return the necessary number of signed copies to the generator before leaving the site of the generator. (3) A hazardous waste transporter shall not accept any hazardous waste from a generator or from another transporter if: (a) the hazardous waste is not as described on the manifest, or (b) if the waste is not in containers that are packaged, labelled, and marked in compliance with 310 CMR 30.320 through 30.323. (4) The transporter shall ensure that the manifest accompanies the hazardous waste at all times. (5) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall: (a) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the facility designated on the manifest; (b) Retain one copy of the manifest for three years; and (c) Give the remaining copies of the manifest to the accepting transporter or designated facility. (6) The requirements of 310 CMR 30.405(4), (5), and (8) do not apply to the transport of hazardous waste in bulk by water if: (a) The hazardous waste is delivered in bulk by water to the designated facility; and (b) A shipping paper containing all the information required on the manifest, excluding only the EPA identification numbers, generator certification and signatures, accompanies the hazardous waste; and (c) The person delivering the hazardous waste to the initial bulk shipment water transporter obtains the date of delivery and signature of that water transporter on the manifest and forwards the manifest to the designated facility or subsequent transporter other than a bulk shipment water transporter; and (d) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and (e) A copy of the shipping paper or manifest is retained by each bulk shipment water transporter. (7) For shipments involving rail transportation, the requirements of 310 CMR 30.405(4), (5), and (8) do not apply and the following requirements do apply: (a) When accepting hazardous waste from a non-rail transporter, the initial rail transporter shall: 1. Sign and date the manifest acknowledging acceptance of the hazardous waste; 2. Return a signed copy of the manifest to the non-rail transporter; 3. Forward at least three copies of the manifest to either: the next non-rail transporter, if any; or the designated facility, if the shipment is delivered to that facility by rail; or the last rail transporter designated to handle the waste in the United States; and 4. Retain one copy of the manifest and rail shipping paper in compliance with 310 CMR 30.406. (b) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest, excluding only the EPA identification numbers, generator certification, and signatures, accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper. (c) When delivering hazardous waste to the designated facility, a rail transporter shall: 1. Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper if the manifest has not been received by the facility; and 2. Retain a copy of the manifest or signed shipping paper in compliance with 310 CMR 30.406. (d) When delivering hazardous waste to a non-rail transporter, a rail transporter shall: 1. Obtain the date of delivery and the handwritten signature of the non-rail transporter on the manifest; and 2. Retain a copy of the manifest in compliance with 310 CMR 30.406. (e) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter. (8) Transporters who transport hazardous waste out of the United States shall: (a) Sign and date the manifest in the international shipment block to indicate the date that the shipment left the United States and retain one copy in compliance with 310 CMR 30.406; (b) Return to the generator a copy of the manifest with the handwritten signature of the owner or operator of the facility or transporter to whom the shipment was delivered; (c) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States; and (d) In the case of exports other than those subject to subpart H of 40 CFR part 262, a transporter shall not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed by the generator as provided in this section, the transporter shall also be provided with an EPA Acknowledgment of Consent which, except for shipments by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of subpart H of 40 CFR Part 262, a transporter shall not accept hazardous waste without a tracking document that includes all information required by 40 CFR 262.84. (9) Transporters who own and operate their own vehicles to transport waste to their own recycling facility and deliver the recycled material back to the generator who generated it shall use the manifest described in 310 CMR 30.312 and shall comply with the requirements of 310 CMR 30.314, 30.405(1) through (4), and 30.406(1).