£¥•
Tuesday
March 20, 1984
Part IV
Environmental
Protection Agency
Department of
Transportation
Research and Special Programs
Administration
40 CFR Parts 260, 262, and 271
49 CFR Parts 171 and 172
Uniform Hazardous Waste Manifest; Joint
EPA/DOT Rule
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10490 Federal Register / Vol. 49. No. 55 / Tuesday. Mych20,i984 / Ruies and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260,262,271
[SWH-FRL 2314-4]
Hazardous Waste Management
System: General; Standards for
Generators of Hazardous Waste; State
Hazardous Waste Program
Requirements.
[NOTE: This reprint incorporates editorial
corrections that are published in the Federal
Register of Monday, March 26,1984, in FR
Doc. 84-7168 and FR Doc. 84-7167.]
AGENCY: Environmental Protection
Agency.
ACTION: Final rule.
SUMMARY: Today, in a joint rulemaking
effort, the Environmental Protection
Agency (EPA) and the Department of
Transportation (DOT) are publishing a
Uniform Hazardous Waste Manifest and
requiring its use for all regulated
shipments of hazardous waste. EPA's
Resource Conservation and Recovery
Act (RCRA) regulations presently
require generators who transport, or
offer for transportation, hazardous
waste for off-site treatment, storage or
disposal to prepare a manifest which
must accompany the waste. Although
the RCRA regulations require that
certain information must appear on the
manifest, there has been no federal
requirement that a standard manifest
form be used.
In the absence of a federal manifest
form, numerous States have developed
manifest forms and require their use. As
a result, many interstate hazardous
waste shipments require the preparation
of multiple manifests to satisfy the
requirements of the States in which the
waste travels. This has caused
confusion and compliance difficulties. In
order to resolve these problems, EPA
and DOT proposed a Uniform
Hazardous Waste Manifest form on
March 4,1982. Today's joint rulemaking
adopts this form, with several
modifications in response to comments
received on the proposal.
DATE: Final rule effective September 20,
1984.
ADDRESS: The public docket for this
final rule (RCRA Section 3002—Uniform
Manifest) is located in room S-212, U.S.
Environmental Protection Agency, 401M
Street SW., Washington, DC and is
available for viewing from 9:00 AM to
4:00 PM, Monday through Friday,
excluding holidays. This docket
contains, among other material, the
economic analyses, background
document, and comments discussed in
this preamble.
FOR FURTHER INFORMATION CONTACT:
Carolyn K. Barley, (202) 382-5235, Office
of Solid Waste (WH-563), U.S.
Environmental Protection Agency,
Washington, DC, 20460 or the RCRA
Hotline, (800) 424-9346 (in Washington, .
DC call 382-3000).
FOR A COPY OF THIS
REGULATION. Call Your EPA Regional
Office.
EPA Region 1, Boston, MA, FTS-223-
6883, (617) 223-6883 :
EPA Region 2, New York, NY, FTS-264-
0504, (212) 264-0504
EPA Region 3, Philadelphia, PA, FTS-
597-0980, (215) 597-0980
EPA Region 4, Atlanta, GA, FTS-257-
3016, (404) 881-3016 ,
EPA Region 5, Chicago, IL, FTS-886-
4179, (312) 886-4179
EPA Region 6, Dallas, TX, FTS-729-2645,
(214) 767-2645
EPA Region 7, Kansas, MO, FTS-758-
6536, (816) 374-6536
EPA Region 8, Denver, CO, FTS-327-
4136, (303) 837-4136
EPA Region 9, San Francisco, CA, FTS-
454-7472, (415) 974-7472
EPA Region 10, Seattle, WA, FTS-399-
8582, (206) 442-8582
SUPPLEMENTARY INFORMATION:
I. OMB Control Number: 2000-0404
II. Authority
This final rule is issued under the
authority of sections 2002, 3001, through
3007, 3009, and 3010 of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976 (RCRA), as amended, 42
U.S.C. 6912, 6921 through 6927 and 6930.
III. Background
A. History of the Manifest System
On February 26,1980, EPA established
a manifest system to ensure that
hazardous waste designated for delivery
to an off-site treatment, storage or
disposal facility actually reaches its
destination. The central element of this
sysem is the "manifest," a control and
transport document that accompanies
the waste from its point of generation to
its point of destination. In this preamble,
the phrase "Uniform Manifest system"
refers to the entire manifest
management scheme, including the
manifest forms, preemption of all other
forms, form handling, and reporting;
while the phrase "Uniform Manifest
form" or "Uniform Hazardous Waste
Manifest" refers only to the documents
required by this rulemaking.
EPA first proposed its manifest
system requirements on December 18,
1978 (43 FR 58969). In this proposed rule
EPA did not set forth a required form for
the manifest, but stated the required
information that must accompany the
waste. This approach, in the Agency's
view, would have allowed the regulated
community to adapt its present
practices, notably DOT's requirements
for shipping papers,1 to accommodate,
the new EPA requirements. For the
transportation of hazardous materials,
DOT did not require a specific form but
required each transport vehicle to carry
required information.
A number of commenters on the
proposed rule, however, urged the
creation of a uniform national manifest
form. It was suggested that differing
requirements among States might result
in confusion and compliance difficulties
for the transportation of hazardous
waste. Those commenters also stated
that a national form would be simpler to
use. Other commenters, however, felt
that EPA should retain the flexibility of
the proposed rule, particularly because
of the interest of the States in adapting
the manifest requirements to their own
needs and interests.
In the final regulation, published
February 26,1980 (45 FR 12722), EPA
decided to retain the flexible approach
bf the proposed regulation. The
information requirements of the
manifest were revised so that the
manifest would, in most situations, be
able to serve as the shipping paper
required by DOT's hazardous materials
transportation regulations. At that time,
creation of a single form, satisfying both
EPA's and DOT's information
requirements, was rejected as too rigid
an approach to work satisfactorily for
all transportation practices.
During 1981 the Agency received a
number of requests to reconsider the
decision concerning the development of
a single manifest form. As a result of
this review, the Agency published a
proposal which would require the use of
a uniform national manifest. This final
regulation and the following discussion
is the result of that review and proposed
rule published March 4,1982.
B. Manifest Implementation Problems
Since EPA introduced the federal
manifest system, there has been a
proliferation of manifests as various
States decided to develop and print their
own forms. At least 22 States require
generators to use specific manifest
forms for the transport of hazardous
waste. This situation has caused three
major problems.
First, the lack of uniformity in State
manifest forms has created a burden for
1 DOT has established regulations that cover
EPA's universe of hazardous wastes (49 CFR 171.3
and 171.8) and require the regulated community to
use a shipping paper for the transportation of
hazardous waste. Prior to this rulemaking, DOT's
regulations (49 CFR 172.205) allowed industry to use
a shipping paper format of their choosing for the
required information.
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Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations 10491
generators, transporters, and State
programs. Currently, a transporter
carrying hazardous waste may be
required to carry the manifest of each
State in which he travels in order to
comply with various State manifest
requirements. Failure to carry a
particular State's manifest may delay or
prevent shipments from reaching their
destination or subject the transporter to
State enforcement action. Under these
conditions, a generator may be required
to go through the costly and inefficient
procedure of filling out several manifest
forms with duplicative information in
order to ensure that the waste reaches
the designated facility. State programs
have been burdened in some cases by
the need to adapt their administrative
and data processing procedures to
j handle the varying out-of-State '
| manifests which they receive.
Second, the lack of uniform
information requirements prevents
generators with sites in more than one
State from standardizing manifesting
procedures. This situation makes it
extremely difficult for multistate
generators to implement standardized
data handling programs for coordinating
hazardous waste management
information.
Third, enforcement activities have
been complicated. "Probable cause" to
search a vehicle is easier to prove if
investigators are trained with uniform
manifest standards.
C. State and Industry Involvement
Recognizing these problems and as a
result of continued review and analysis
of existing and anticipated State
manifest systems, EPA and DOT in
November of 1980 asked two
organizations representing States and
industry to comment on the feasibility
and desirability of requiring the use of a
Uniform Manifest form. The State group,
the Association of State and Territorial
Solid Waste Management Officials
(ASTSWMO), and the industry group,
the Hazardous Materials Advisory
Council (HMAC], submitted separate
recommendations which were
instrumental in the design of the
Uniform Manifest form that was
proposed jointly by EPA and DOT on
March 4,1982 (47 FR 9336].
During the comment period for the
proposed rule, EPA received over 190
comments and DOT received nearly 100
comments from interested parties. (A
discussion of the major comments is
included in Part IV. Response to
Comments, of this preamble.) Included in
these comments was a letter from a joint
task group composed of ASTSWMO and
HMAC members suggesting
modifications to the EPA and DOT
proposal. EPA and DOT have
considered all of the comments in
developing this regulation.
D. EPA and DOT Joint Rulemaking .
1. Required Use of the Uniform
Hazardous Waste Manifest. Since the
current problems associated with the
manifest involve both DOT and EPA, the
Agencies have worked together to
devise a regulatory solution. Therefore,
this joint final rulemaking contains
amendments to the regulations of both
agencies. Independently of each other,
EPA and DOT are requiring use of the
Uniform Manifest form, DOT's
regulation is nationally comprehensive
and applies directly to all generators
and transporters. However, under EPA's
regulation, there are three distinct
situations.
a. In States Where EPA Runs the . .
Program
EPA's authority to require compliance
with a manifest system stems primarily
from RCRA section 3002(5), which
requires EPA to establish requirements
respecting "* * * use of a manifest
system and any other reasonable means
necessary to assure that all such
hazardous waste generated is.
designated for treatment, storage or
disposal in and arrives at * * *"
permitted facilities. (Also, see section
3003(a)(3) and section 3004.) EPA's
regulations implementing this mandate
are found in the manifest sections of 40
CFR 262 (Generators), Part 263
(Transporters), Parts 264 and 265
(Facilities), and Part 271 (State
Programs).
As proposed, EPA is amending Part
262 to require generators to use the
Uniform Hazardous Waste Manifest
form. Because the transporter
regulations in Part 263 already require
transporters to carry a manifest
prepared by a generator with each
waste shipment, no amendments to the
transportation requirements are
necessary. The EPA requirements
published today apply directly to all
generators and transporters in States
where the hazardous waste program is
run directly by EPA.
b. States With or Applying for Final
Authorization
In other States, each State directly
regulates hazardous waste activities
under its own program approved by EPA
on either an interim or final basis, as
provided in RCRA Section 3006, In order
to be approved by EPA, State programs
must include requirements as specified
in EPA's requirements for State
programs, 40 CFR Part 271.2 For final
authorization, State program elements
generally need not be identical to the
federal requirements, as long as they are
equivalent. In the case of the Uniform
Hazardous Waste Manifest form,
however, EPA is amending 40 CFR
271.10 to provide that States seeking
final authorization must require the use
of the Uniform Manifest form.
This requirement is necessary to
assure compliance with Section 3006(b)-
of RCRA, which requires that State
programs be consistent with the federal
program applicable in other States. EPA
has already noted the importance of
consistency in requirements involving
the transportation of wastes, and
provided that State programs not
meeting the federal requirements for
manifests will be deemed inconsistent.
(See 40 CFR 271.4 and the preamble
discussion at 45 FR 33395 (May 19,
1980).) As explained above, the
proliferation of many State-specific
manifest forms may hamper the
movement of hazardous waste to
treatment, storage, or disposal sites.
This situation, where differing
requirements between States cause
added work and confusion and may
hamper the program for hazardous
waste treatment, storage and disposal,
appears to be precisely what Congress
was attempting to avoid when it
included the "consistency" requirement
in Section 3006. Consequently, EPA has
determined tha.t to meet that
requirement, all State programs must
require the use of the Uniform
Hazardous Wa ste Manifest form in
order to receive final authorization from
EPA. Consistency also requires that no
State with final authorization may
require any other manifest or
information to accompany the waste
shipment, as discussed below.
As provided by today's amendment to
40 CFR 271.6{d), States with final
authorization must require the use of the
Uniform Manifest. States authorized
before the effective date of this
requirement are required to revise their
programs as provided by 40 CFR 271.21.
EPA has determined that State adoption
of the Uniform Manifest is not a
"substantial" revision under 40 CFR
271.21, since, for the reasons described
in the next section of this preamble, the
manifest form will be effective in all
States regardlssss of their authorization
status. After completing the necessary
revisions to the State's program, the
2 These requirements were originally published as
part of 40 CFR Part 123. They have recently been
recodified as 40 CFR Part 271, (48 FR 14146, April 1,
1983). Also see technical corrections at 48 FR 30113,
June 30,1983.
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10492 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
State Director must submit a letter to the
Regional Administrator describing those
changes. When statutory or regulatory
modifications have been made, copies of
those modifications must also be
submitted. Copies of the Uniform
Hazardous Waste Manifest form need
only be submitted when the State
preprints information on the form.
c. In States With Interim Authorization
In the case of States with interim
authorization, the Uniform Manifest will
not be required by EPA authority but,
rather by DOT authority. As we noted
previously, States with interim
authorization are not required to amend
their regulations to be consistent with
this final rulemaking. However, prior to
receiving final authorization, these
States will need to demonstrate
compliance with the requirements of the
amendments to 40 CFR 271 published
today. In order to give States a definite
and unchanging body of regulations to
meet for the relatively short period of
interim authorization, EPA requires
States applying for interim authorization
to meet only those requirements
promulgated before the announcement
date of the final component of the Phase
II, interim authorization requirements
(see 40 CFR 271.122(d)(2)). Since the
final component (Component C) was
announced on July 26,1982, and these
Uniform Manifest regulations will be
promulgated after that date, the Uniform
Manifest regulations will not be
applicable in States with interim
authorization as a result of EPA
jurisdiction. (DOT will have jurisdiction
in EPA interim authorized States (see
below).) This situation is temporary,
however, since all interim
authorizations will expire in January
1985. At that time, States with interim
authorization must meet the
requirements for final authorization or
lose their authorization altogether, with
EPA taking over the implementation of
their hazardous waste programs.
In any case, the absence of an EPA
requirement in States with interim
authorization will have no practical
effect since DOT's regulations impose
the identical requirements and apply
universally. DOT is today amending its
regulations to require all shippers and
carriers of hazardous waste to use the
Uniform Manifest system. These DOT
amendments operate independently of
RCRA requirements and will be
applicable in all States, regardless of
State authorization status.
DOT's authority to require use of the
Uniform Manifest stems primarily from
the Hazardous Materials Transportation
Act (HMTA), which regulates the
movement of hazardous materials, 49
U.S.C. 1801 etseq. DOT's implementing
regulations are found in 49 CFR Parts
171 and 172. As proposed, DOT is
amending its Hazardous Materials
Regulations to require that shippers and
carriers of hazardous waste, both intra-
and interstate, comply with EPA's
amendments concerning the use of the
Uniform Hazardous Waste Manifest
form.
2. Restrictions on Additional State
Manifest or Information Requirements.
Under limited circumstances, States
may impose their own manifest
information or management
requirements. EPA's authority to allow
or restrict such additional State
requirements in authorized States
involves the coordination of two
statutory provisions: Section 3006, which
requires approved State programs to be
"consistent" with the federal program,
and Section 3009, which reserves to
States the latitude to be more stringent.
In balancing these two provisions, EPA
allows a State to impose more stringent
requirements, except in those cases
where the Agency has determined that
consistency requires that State programs
conform precisely to the federal
requirement. Consequently, EPA's
regulations promulgated today do not
prohibit authorized States from
imposing requirements that provide
more rigorous or comprehensive control
of hazardous waste activities than do
EPA's regulations, such as requirements
that handlers of hazardous waste send
copies of completed manifests to State
Agencies for tracking purposes. Based
on the need for consistency, however,
States with final authorization must use
the Uniform Manifest form, and may not
require any additional information to
accompany the waste shipment.
EPA's regulations do not prohibit
States without final authorization (either
interim authorized States or
unauthorized States) from imposing
more stringent manifest requirements.
However, under the authority of Section
112 of the HMTA (49 U.S.C. 1811(a)),
DOT's regulations will prohibit those
States from requiring separate State
manifests or other information to
accompany waste shipments. Section
112 of the HMTA expressly preempts
any State or local requirement which is
inconsistent with that Act or HMTA
regulations. This provision is fully
supported by Article I, Section 8 of the
U.S. Constitution, which grants Congress
the authority to regulate interstate
commerce. DOT believes that national
uniformity in the transportation of
hazardous waste is necessary in order
to avoid a patchwork of differing State
• requirements. Therefore, DOT is
clarifying elsewhere in today's Federal
Register that any State law or regulation
requiring a different or additional
manifest (other than the Uniform
Manifest form) would be inconsistent
with the Hazardous Materials
Regulations and, therefore, prohibited.
Although no other form may be
required by a State to accompany a
waste shipment, EPA and DOT have
modified the Uniform Manifest form to
allow the entry of certain optional State
information items in addition to the
federally-required items. Generators
may use that section of the form to
satisfy the specified State information
requirements. In this way, EPA expects
that both States and generators will
benefit since the additional State
information requirements can be met on
the Uniform Manifest form while
reducing or eliminating the need for
generators to prepare duplicative
reports on each shipment.
States may require generators to
complete any of the information items
included in the optional State section of
the Uniform Manifest prior to the
transportation of hazardous waste, and
may require owners or operators of
facilities to complete any of these State
information items as a condition of the
acceptance of waste at treatment,
storage or disposal (TSD) facilities.
These requirements may be imposed
both by the State in which the generator
is located and the State in which the
designated facility is located, but may
not be required by States through which
the waste shipment travels. The Agency
realizes that optional information
required by the generator State will
accompany the shipment, but EPA does
not believe that this additional
information can be justified as
mandatory during transportation based
on the transportation safety and
tracking mandates RCRA places on the
manifest. Therefore, States are
prohibited from applying enforcement
sanctions on the transporter during the
transportation of hazardous waste for
any failure of the form to show optional
State information entries. States may
hold transporters responsible only for
ensuring that the information included
in the federally-required portion of the
Uniform Manifest form accompanies the
shipment. However, States could hold
the generator responsible for failure to
comply with its manifest information
requirements.
Finally, States may require generators
or TSD facilities to send other
information related to the shipment
under separate cover (e.g., by mail), as
long as this does not interfere with the
actual movement of the waste. Such
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Federal Register / Vol. 49. No. 55 /Tuesday. March. 20, 1984 / Rules and Regulations 10493
requirements would not be
"inconsistent" for purposes of the
HMTA, as long as they: (a) Did not
conflict with federal requirements or
otherwise unduly burden commerce; and
(b) as long as such requirements were
not so numerous that their cumulative
effect was to burden commerce. The
optional State information items on the
Uniform Manifest form, it is hoped, will
reduce the need for such additional
State reporting. Further discussion of
DOT's authority to preempt inconsistent
State regulations is provided in the
preamble to the DOT regulations.
E. Implementation Date ••'-:•
Use of the Uniform Hazardous Waste
Manifest form will be required for all
transportation of hazardous waste in all
States on September 20,1984. Based
upon the comments received, EPA and
DOT believe that this time frame will
allow States and the regulated
community sufficient time to implement
the Uniform Manifest form. Members of
the regulated community who ship
hazardous waste only in States that
currently do not require the use of a
specific manifest form may use the
Uniform Manifest forms immediately.
As mentioned, the Uniform Hazardous
Waste Manifest system requirements
are applicable in all States on
September 20,1984, regardless of the
State's authorization status under
RCRA. The Agency believes that a
uniform effective date is an important
part of the Uniform Manifest system. In
States receiving final authorization after
the effective date of this rule and in EPA
administered States without interim
authorization, this is achieved by EPA's
regulations. In States with interim
authorization and States that receive
final authorization prior to the effective
date of this rule, this is achieved by
DOT's regulations. Today's amendments
to the DOT's Hazardous Materials
Regulations reference the EPA Uniform
Hazardous Waste Manifest form and
require its use for all regulated off-site
transportation of hazardous waste.
IV. Response to Comments
Five major issues were raised in the
comment letters received by the Agency
on the March 4,1982, proposal. These
issues are:
1. Should EPA and DOT finalize the
Uniform Manifest system proposal?
2. Should the Uniform Manifest form
contain space for additional State
information?
3. How will the Uniform Manifest final
rule apply to generators who are
shipping State-regulated hazardous •.-•
waste that is not regulated under federal
law? .
4. Should States have the right to
require generators to use only a Uniform
Manifest form printed by the State? '
5. From what source should
generators obtain copies of the blank
Uniform Manifest form (copy acquisition
hierarchy)?
Other issues raised by commenters
are addressed in the "Background
Document—Uniform Hazardous Waste
Manifest."
Issue 1. Should EPA and DOT finalize
.. the Uniform Manifest system
proposal? :'..---'-'
Almost all commenters supported the
concept of a Uniform Manifest system.
The main point of contention among the
commenters was how the concept; -•••
should be implemented. EPA's position
oil comments associated with
implementation is discussed in issues 2
through 5. " • ,--,' '••„ '
The Agency's rulemaking docket for
the March 4,1982, proposal includes a
small number of letters opposing'a
Uniform Manifest form. Industry
commenters against the proposed
Uniform Manifest form typically were
those whose who use their own
company-designed form, since they
operate only in States that do not
require a specific manifest form. They
argue that the EPA and DOT proposals
for a Uniform Manifest form limit the
ability of the generator to. voluntarily
include additional information useful to
their waste management programs. They
suggested that generators should have
the option of using a form of their own
design, provided it contains all required
information.
A State commenter proposed that the
Uniform Manifest form only be required
for interstate shipments, thereby
allowing States to require use of their
existing manifest form for intrastate
shipments. The commenter suggested
that this would save the State the
expense of redesigning its data
management system and would ensure
that State-required information is filed
for intrastate shipments.
In response to these comments, the
Agency points out that the final Uniform
Hazardous Waste Manifest form
contains additional space that
generators and States may use to record
useful information. (Refer to Issue 2 of
this part of the preamble for a more
complete discussion of the use of this
space.) Furthermore, a Uniform Manifest
form is needed for both interstate and
intrastate shipments since the
hazardous waste program is a national
effort to effectively manage all wastes
determined to be hazardous under
RCRA. Both RCRA and HMTA call for
consistency among federal and State
programs; with special, emphasis on the
transportation of wastes. Finally,,
national applicability is necessary to
deal with the problems discussed in this
preamble. The many different State
manifest forms have contributed to the
current lack of standardized
administrative and data management
systems among generators and State
programs and hamper enforcement
programs. Additional discussion of the
applicability of DOT's regulations
involving inter- and intrastate shipments
is contained in the DOT rulemaking
published elsiewhere in today's Federal
Register.
While EPA and DOT recognize the
cost factors associated with changing
data management systems to comply
with the new federal form, it is expected
that this one-time changeover cost is far
outweighed by the benefits of using the
Uniform Manifest form. An Agency
economic analysis (see the Docket on
RCRA Section 3002 Uniform Manifest)
indicates that the.Nation should realize
net cost benefits if 30,000 or two percent
more of the shipments are interstate.
At this point the annual cost of this
rulemaking equals the annual savings.
Although one State indicated that only
two percent of their waste moved
interstate, other States indicated most or
all of their hazardous waste moved
interstate. EPA estimates that more than
two percent of the nation's hazardous
waste shipments move interstate. Thus,
the fact that 'there is a cost reduction
favors the use of the Uniform Manifest
system.
A problem which generators and
transporters viewed as more serious is
the multiple State manifest requirements
when shipping wastes interstate. The
Docket on the Uniform Hazardous
Waste Manifest contains accounts of
generators who complained of being
required to complete as many as twelve
manifests to transport one interstate
shipment of hazardous waste to its
destination.
Waste generators felt that when they
must prepare several State-required
forms for muMstate movements and
truck drivers must determine if the
State-required forms are completed
properly, shipping hazardous wastes
becomes extremely complicated without
a related improvement in environmental
protection. Several generators
complained of having to include their
own DOT shipping paper along with the
shipment, because certain State-
required forms do not satisfy DOT
requirements. These administratively
burdensome and duplicative -
requirements are costly to generators.
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10494 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules anUORejgulations^
According to commenters, the
proliferation of State-required manifests
has caused considerable confusion and
an inefficient utilization of resources for
multistate corporations. Industry
commenters stated that one of the
greatest impediments to compliance
with complex regulatory requirements is
the difficulty of assuring that operating
personnel are adequately trained. The
requirement to complete different State-
required manifest forms complicates
shipping procedures for these personnel
which, in some instances, has led to
technical noncompliance with the
various State manifestrequirements.
Multistate corporations'also believed
they were prevented from easily
implementing corporate-wide hazardous
waste data management systems due to
the lack of a standard document. This
problem also besets State hazardous
waste programs that desire to track and
collect waste shipment data using other
States' manifest forms.
EPA and DOT believe that the
proliferation of manifestrequirements
has caused an unnecessary burden on
generators and transporters. The EPA-
DOT Uniform Hazardous Waste
Manifest system as outlined in this final
rule will ameliorate this situation in the
following ways:
First and foremost, DOT'S authority
will be used to preempt all State
manifest requirements so that under no
circumstances will more than one
manifest be required per shipment. The
Uniform Hazardous Waste Manifest
system precludes a variety of complex
and inconsistent forms now in use and,
therefore, reduces unnecessary and
duplicative administrative costs for
generators. At the same time, the
Uniform Hazardous Waste Manifest
system permits all the information
requirements of a DOT shipping paper
to be satisfied, thereby eliminating the
need to prepare a separate shipping
paper.
Second, eliminating conflicting
manifest requirements aids multistate
corporations by standardizing form
completion procedures and by
simplifying data entry for hazardous
waste information management systems.
For transporters, the Uniform Manifest
system preempts laws requiring them to
carry each particular State's manifest
form. State Agencies will no longer have
to use complicated data systems to
handle a variety of manifest forms.
Finally, from a transportation safety and
enforcement viewpoint, this rule
provides a single document to enhance
uniform tracking and enforcement.
Several commenters suggested that
the Uniform Manifest also be designed
to be used as a Bill of Lading which they
believed was required by the Interstate
Commerce Commission (ICC) to
accompany most commercial shipments.
Prior to July 1982, the ICC had indicated
that all waste shipments would require a
Bill of Lading. Since that time, the ICC
has ruled that "* * * hazardous waste
of no economic value destined for
disposal (other than nuclear or
radioactive waste) do not constitute
'property' Within the meaning of 49
U.S.C. 10521. Accordingly, the
Commission does not have jurisdiction
over the for-hire transportation by motor
carriers of such wastes" (47 FR 29403,
July 6,1982). Therefore, the Agency does
not expect that ICC Bill of Lading
requirements will apply to hazardous
waste shipments destined for treatment,
storage or disposal facilities. In the
event a shipment must be accompanied
by the Manifest and a Bill of Lading and
if the requirements of both documents
cannot be met by the required or
optional information on the Uniform
Manifest, then it would be necessary for
two separate documents to accompany
the shipment. ;
Issue 2. Should the Uniform Manifest
form contain space for additional
State information? , ,
The Uniform Hazardous Waste
Manifest form provides space for all
information needed to satisfy EPA and
DOT manifest requirements. In the
proposed rule, EPA solicited comments"
on whether the Uniform Manifest form
should also contain space for additional.
State-required information beyond the'
federally-required items. (See 47 FR
9338, March 4,1982.) State commenters
were overwhelmingly in favor of this
suggestion. In fact, EPA was informed
that in the event specific State optional
informational items were not included
on the final Uniform Hazardous Waste
Manifest form, some States would
require generators and facilities to send
detailed information regarding each
individual waste shipment to the State
under separate cover on the State's own
form. Much of this information could
repeat, in a different format, information
already supplied on the Uniform
Hazardous Waste Manifest form. EPA
has taken these concerns into account
and provided for certain additional
State-required information on the form.
The Agency believes that States will not
need to require additional hazardous
waste reports from generators relative
to waste shipments.
As previously discussed, States are
, not precluded from setting up another
system of forms to solicit information
not included on the Uniform Manifest
form, as long as the system does not
interfere with the actual shipment of
wastes. While transporters would not be
required to carry these forms, generators..
and treatment, storage and disposal
facility operators could still be required
to use them. Some commenters
suggested that EPA prohibit States from
requiring additional information in this
manner. However, Section 3009 of
RCRA (discussed earlier in this
preamble) clearly allows States to
impose requirements which are more
stringent than the federal requirements
unless the requirements would interfere
with the consistency of State programs '
required by § 3006. At this time, EPA
does not believe that allowing States to,,
require additional information in this
manner will interfere with the
consistency among programs.
The possibility that States may
require additional reporting prompted •
one commenter to suggest that while the
proposal may provide relief to the
transporter, unless EPA were willing to
modify the form-to substantially meet;
the needs'of the various State Agencies,
there would be no relief for generators
and treatment, storage,, and disposal
facility operators. In fact, increased cost
and confusion could result, in his
Opinion, as various States imposed
additional requirements which could not
be met through the proposed Uniform
Federal Manifest system. The
commenter suggested that it would be,
less confusing and less costly to have
optional information spaces included on .
the Uniform .National Manifest form.
Some commenters objected to the
mandatory reporting of any information
on the form other than federally-
required information as a violation of
the "uniform manifest"- concept.
However, when the possibility of
separate State-required reports was
raised with these commenters, they,
generally agreed that it would be
preferable to allow States to require
certain, limited information to be added,
if that would preclude the need for ..,
States to require separate reports as
long as only one document is required
for any shipment.
EPA, in consultation with DOT, has
worked to develop a Uniform Manifest
form that substantially meets the
information,needs suggested.by the
States through.the inclusion of entries
for particular items -of information that
may be required at the option of a State.
A few commenters stated that the
inclusion of an optional information
space would give States a "blank check"-
to solicit information from generators. In
response to these comments, EPA
designed the form to restrict the optional
information'States may require. The
specific State-required information
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Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations 10495
items that may be included on the
Uniform Manifest are discussed in detail
in Part V.A.2. Optional State
Information Requirements, of this
preamble.
Although none of the items included
as optional State-required information
are required by federal law, State law
may require that some or all of these
specific items be reported on the
Manifest and sent directly by the
generator or the owner or operator of a
TSD facility to that State. However, as
discussed above, States may not require
that any information other than the
federally-required items accompany
shipments of hazardous waste. It is
permissible for the forms carried by the
transporter to include such optional
information, but States may not impose
enforcement sanctions against
transporters if the Manifest fails to
include these items. Further, States
through which hazardous waste
shipments pass are not allowed to place
additional information requirements on
the transporter as a condition of
transportation.
In some instances, both the State in
which the waste is generated and the
State in which the TSD facility is
located may require the completion of
specific information items included in
the optional State section of the
Manifest. In these instances, the
generator may be required to comply
with both requirements, including the
use of both States' identification
numbers. The space provided in the
optional State section should be
adequate to fulfill such requirements.
EPA does not anticipate that this
situation will occur very often and urges
the States to coordinate their
information needs. A State through
which hazardous waste passes,
however, may not require information to
be entered in these spaces as a
condition of transportation through that
State.
The addition of optional, State-
required information items on the form
enables States to obtain necessary data
but retains the basic uniformity of the
Manifest. Since individual State
requirements for the regulated
community will remain in place,
generators, transporters, and TSD
facility operators must continue to
comply with them. For example,
generators must still know individual
State requirements for treatment,
storage, and disposal sites located in
other States. A Uniform Hazardous
Waste Manifest form containing space
for required State information should
enable States to ensure compliance with
its information requirements, without
having to develop a whole series of new
State reporting forms. The Agency
expects that the final result will be that
generators in general will be required to
complete only one document: the
Uniform Hazardous Waste Manifest.
Issue 3. How will the Uniform Manifest
system final rule apply to
generators who ship State-regulated
hazardous wastes that are not
regulated under Federal law?
EPA received comments requesting an
explicit clarification in this rule on the
effect of the Uniform Hazardous Waste
Manifest form and system on wastes
defined as hazardous by either the
generator's State or the consignment
State, but not defined as hazardous by
EPA or DOT. A similar situation arises
when States require generators to
manifest shipments of hazardous waste
that qualify for a federal small quantity
exemption or wastes that are destined
to be recycled, for which federal
regulations do not require a manifest.
The Uniform Hazardous Waste
Manifest form has been designed to
allow the listing of both federally-
regulated wastes and wastes regulated
solely by the States. In order to
distinguish between federally-regulated
wastes and other wastes, as required by
DOT regulations (49 CFR 172.201(a)(l)),
generators can add (or States may
overprint on the form) a hazardous
materials (HM) column in the space for
U.S. DOT Description. When a waste
shipment consists of both federally-
regulated materials and State-regulated
wastes, the HM column, if added, must
be checked or marked for only those line
entries which are regulated under
federal law as hazardous wastes or
hazardous materials.
In addition to being used for
shipments of RCRA hazardous waste,
the Uniform Manifest may also be used
for shipments of DOT regulated
hazardous materials, or shipments of
State-regulated wastes, or any
combination of these regulated
substances. This rulemaking does not
preclude generators from adding a HM
column or complying with any of the,
other DOT requirements for shipping
papers found in 49 CFR 172.201.
Issue 4. Should States have the right to
require generators to use only a
Uniform Manifest form printed by a
State?
EPA also solicited comments on the
ASTSWMO recommendation that the
States be allowed to require generators
to use specific State forms. (See 47 FR
9339, March 4,1982.) ASTSWMO
advocated expansion of the top margin
of the Uniform Manifest form to provide
room for States to print their name and
State-assigned document number. The
State organisation asserted that State,
document numbers are necessary for the
effective use of any automated tracking
system.
Some commenters (in particular,
members of the regulated community)
objected to this recommendation, stating
that it is more cost-effective and
efficient for generators to print their
own manifest forms. In addition,
commenters were concerned that the
implementation of such a regulation
might require generators to complete
multiple manifests for interstate
shipments.
EPA and DOT recognize the merit of
both positions, and this rule establishes
a scheme for determining who supplies
the Uniform Manifest form. The top
margin of the first page of the form has
been enlarged to allow for pre-printing
of informaticm. In order to retain the
advantages of a uniform manifest,
however, EPA must ensure that only one
manifest is required for each
shipment and, therefore, has established
a hierarchy for acquisition of blank
manifest forms. This acquisition
hierarchy is discussed in the section
below.
Issue 5. From what source should
generators obtain copies of the
blank Uniform Manifest form (the
copy acquisition hierarchy)?
Although the Agency is prescribing
the use of the Uniform Hazardous
Waste Manifest form, EPA does not
intend to print and supply the form. This
allows States, if they wish, to print and
supply the form, in which case the
States can print their own unique
numbers on the form to aid in tracking
the hazardous waste shipments. For
generators located in one State but
disposing of wastes in another, it is
necessary to determine from which
State they must obtain the Uniform
Manifest form. Accordingly, EPA is
specifying a hierarchy for acquisition of
blank manifest forms in these
regulations.
In its March 4,1982, proposal, EPA
indicated that it intended to allow
States to print and supply the Manifest
form and requested comments on how
this could effectively be arranged. EPA
received relatively few comments as to
what acquisition hierarchy would be
preferable. One commenter stated that
the generator should be required to
obtain the form from the consignment
(receiving) State if that State printed
and supplied the form. A few other
commenters stated that the generator
should obtain the form from the
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10496 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
generator State if that State printed and
supplied the form.
The Agency, however, received a
number of comments on a different but
related issue that affects the decision on
what acquisition hierarchy should be
established. This issue involved the
desire of several States to ensure that
they receive copies of completed
manifests from all generators that
dispose of wastes in their State,
especially from those generators located
out-of-State. These States have systems
for tracking the movement of hazardous
waste that rely on receipt from
generators of copies of each manifest
prepared. They expressed the concern
that the Uniform Manifest requirements
would preclude them from requiring out-
of-State generators to submit copies of
the Manifest for each shipment into that
State, and requested that EPA alter its
regulations to impose such a
requirement.
After careful consideration of these
comments and concerns, EPA has
determined that it is not necessary to
impose a Federal requirement that
generators submit copies of each
completed manifest form to States or to
EPA. EPA believes that the current
federal manifest reporting system, which
requires submission of Exception
Reports by generators and Discrepancy
Reports by TSD facility operators is
adequate and effective to track
hazardous waste shipments.
States are free, however, to impose a
more stringent system that could involve
the submission by generators of copies
of every completed manifest form. This
authority is reserved to the States by
Section 3009 of RCRA, which permits
any State to impose more stringent
requirements, as long as those
requirements meet the standard set forth
in Section 3006 that they not be
"inconsistent" with the Federal
requirements. EPA does not believe that
such requirements would be
inconsistent with the Federal manifest
system.
In addition, it is well settled that a
State can assert jurisdiction over
persons not residing in that State if such
persons maintain "minimum contacts"
with that State. See International Shoe
Co. v. Washington, 326 U.S. 310 (1945).
The fact that a generator disposes of a
waste in that State would appear to
satisfy this requirement of "minimal
contacts." States can enact, and most
States currently have among their laws,
"long-arm" statutes by which they can
assert such jurisdiction and impose such
requirements.
Finally, promulgation of the Uniform
Hazardous Waste Manifest system
requirements does not affect this
independent State authority. The
Uniform Manifest regulation simply
requires that the manifest information
already required by EPA regulations be
provided on a nationally uniform form
and describes that form. It does not
speak to or affect the reporting
requirements placed by States on
generators under the manifest system. In
the face of the independent State
authority discussed above, EPA does
not believe it is necessary for the
Federal government to impose or
enforce the requirements of those States
that wish to receive manifest copies
from out-of-State generators.
EPA has, however, considered the
legitimate interest of some States in
imposing a different reporting system,
that may require submission of copies of
completed manifests. As a practical
matter, States need to be able to inform
out-of-State generators of the existence
of manifest copy submission
requirements. Although, this could be
accomplished by other means, a
convenient method would be to print a
notice of such reqirements on the actual
manifest form to be used by generators.
For this method to be effective,
generators must be required to obtain
the manifest forms they use from the
State that will be receiving the waste
(the consignment State).
In developing the final acquisition
hierarchy promulgated today, EPA
considered all the comments described
above, and evaluated the advantages
and disadvantages of alternative
approaches. Requiring generators to
obtain the form from the generator State
would probably be convenient for the
generators. This approach might make it
more difficult, however, for States to
which the wastes are being delivered to
track the waste shipments from the
point of generation to the treatment,
storage, or disposal site than if those
consignment States could supply the
form with their own unique State
tracking numbers and reporting
instructions.
Conversely, a system that required
acquisition of the form from
consignment States would make it
easier for those States to implement and
enforce their own tracking and reporting
systems. Requiring form acquisition
from the consignment State would
enable States that wish to require
submission of copies of all completed
manifests to inform out-of-State
generators of this requirement by
printing the information on the form. In
addition, as permitted by § 271.10(h)(l),
the consignment State can print on each
form a State manifest document number
that may be helpful in tracking the
manifest in the State's own tracking
system.
In choosing between these two
approaches, EPA gave great weight to
RCRA's emphasis on the role of the
States in implementing the hazardous
waste program. Both Sections 3006 and
3009 recognize the right of the States to
impose requirements more stringent
than the Federal requirements. EPA
believes, therefore, that it is appropriate
to consider the States' interest in
designing their own unique procedures
beyond the Federal requirements when
establishing regulations. In this case,
EPA believes that a State's interest in
devising a regulatory program to assure
proper treatment, storage and disposal
of waste within its borders outweighs
the advantages to generators in
obtaining blank manifest forms from a
single source.
Therefore, EPA is promulgating a form
acquisition hierarchy that requires
generators to obtain the blank manifest
form from the consignment State if that
State supplies the form and requires its
use; if not, then from the generator State
if that State supplies the form and
requires its use; and if not, the generator
may obtain the form from any source.
While this rule establishes a
procedure for the acquisition of blank
manifest forms, it does not limit the
ability of the generator State or the
consignment State to require submission
of completed forms by the generator or
facility owner or operators. For
example, generators may be required by
regulations of both the generator State
and the consignment State to submit
completed copies of the Manifest for ,
each shipment.
Further, as discussed in Issue 2, both
the generator State and the consignment
State may establish specific
informational requirements in the
optional State section of the Manifest
form. For example, a generator who
obtains copy of the blank Manifest form
from the consignment State may still be
required to comply with his State's
manifest informational requirements.
For international shipments, the
regulations promulgated today require
the manifest form of the generator's
State to accompany export shipments of
hazardous waste if that State supplies
the form and requires its use. In the
event the generator's State does not
supply the form, the export shipment
may be accompanied by a Uniform
Manifest form obtained from any source.
This same logic also applies to import
shipments—manifest forms obtained
from the consignment State must
accompany the shipment if that State
supplies and requires the use of its own
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Federal Register /Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations 10497.
Uniform Hazardous Waste Manifest
form. If the consignment State does not
distribute the form, a Uniform Manifest
form obtained from any source may be
used.
V. The Uniform Hazardous Waste
Manifest
EPA, with DOT'S agreement, has
designed the Uniform Hazardous Waste
Manifest form and system with the
following features:
A. Information Requirements
EPA received divergent comments on
the inclusion of many information items
on the manifest form. The primary
comments are discussed in the following
section of this preamble and the other
comments are discussed in the
Bankground Documents for this rule-
making. -
The information items contained on
the Uniform Hazardous Waste Manifest
form (EPA form 8700-22 and the
Continuation Sheet, form 8700-22A) can
be categorized into federally-required
information and optional State-required
information. The federal requirements
are examined first.
1. Federal Information Requirements.
EPA is not increasing its information
reporting requirements in this final
rulemaking. All federally-required
information on the Uniform Manifest
form is currently required by EPA's
hazardous waste regulations. On March
4,1982, the Agency proposed the
inclusion of one new federal information
requirement, the telephone number of
the treatment, storage, or disposal
facility. The Agency decided not to
include that requirement in this final
rule. EPA believes that transporters can
obtain that information during the
course of shipment by contacting the
dispatcher or the waste generator. The
Agency believes emergency response
information, should be obtained from
the generator—not 'the TSD facility.
Therefore, while the generator's
telephone number remains a federal
requirement, the TSD facility's
telephone number is not a required item.
(As discussed below, States may require
the facility's telephone number as an
optional item on the form.)
In order to clarify the required federal
information items on the manifest form
and to discuss comments received on
those items, this section presents a
review of those items.
(a] Generator Requirements:
Manifest Document Number—The
manifest document number consists of
the generator's U.S. EPA twelve digit
identification number plus a unique five
digit number, allowing each generating
site to manifest up to 100,000 shipments
a year without repeating a document
number. In the proposed rule, EPA
defined the five digit number as a
"sequentially increasing number." The
definition has been changed in this final
rule in order to dispel the impression
that generators would have to use
manifests in a sequential manner.
However, the generator must ensure the
uniqueness of the document number for
each shipment from each site during a
calendar year.
Page Number—Generators are
required to identify on the first page of a
manifest the total number of pages in
that manifest i.e., the first page (EPA
Form 8700-22) plus the number of
Continuation Sheets (EPA Form 8700-
22A), if any. For example, if the manifest
consists of only one page (EPA Form
8700-22), and there is no Continuation
Sheet (EPA Form 8700-22A), then the
correct entry would be "Page 1 of 1." If
the manifest consists of one front page
(EPA Form 8700-22), and one
Continuation Sheet (EPA Form 8700-
22A), then the correct entry would be
"Page 1 of 2."
Generator Name and Address—The
address remains the mailing address of
the generator since the TSD facility must
return a completed copy of the manifest
promptly to the generator. Comments
were received suggesting that the
address reflect the site of waste
generation. EPA does not believe.it is
necessary to include a site address on
the manifest form because the EPA
identification number provides this
information. The generator, then, must
enter the mailing address of the location
that will administer the returning
manifest forms (e.g., billing office,
corporate headquarters, or the site of
generation).
Generator's Telephone Number-—This
must be the number of a person who can
provide information about the shipment
in the event of an emergency.
Transporter #1 Company Name and
U.S. EPA ID Number—The name and
U.S. EPA twelve digit identification
number of the initial transporter of the
waste must be entered.
Transporter #2 Company Name and
U.S. EPA ID Number—The name and
U.S. EPA twelve digit identification
number of the second transporter, if
applicable, must be entered. Space for
additional transporters is provided on
the Continuation Sheet for entry in the
order they are used.
Designated Facility Name, Site
Address, and U.S. EPA ID Number—The
generator must enter the TSD facility
name and site address plus the facility's
U.S. EPA twelve digit identification
number. The site address is required to
inform the transporter where the
shipment must be delivered!
Alternate Facility—A number of
commenters suggested that the form
should provide space for generators to
list an alternate facility name and
address, as allowed in 40 CFR 262.20.
Since this item is not required of
generators, the Agency has decided not
to provide a specifically designated
space for it. If an alternate facility is
designated, it must be identified in the
item marked "Special Handling
Instructions and Additional
Information."
Container Number and Type—The
generator must indicate the number of
containers and using the abbreviations
in Table I of the form instructions, the
type of containers for each waste
shipped. This final rule corrects the
abbreviation for Cargo Tanks/Tank
Trucks (TT) and Tank Cars (TC). The
abbreviation for Portable Tanks (TP) is
also changed. In response to comments,
a new abbreviation (DT) has been
added for dump trucks. Some
commenters suggested adding an
abbreviation for metal boxes such as
roll-offs or dumpsters'. The abbreviation
CM was included in the proposed rule
for metal boxes, cartons, cases, and is
intended to include roll-offs or
dumpsters. This has been clarified in the
form instructions.
U.S. DOT Description (Including:
Proper Shipping Name, Hazard Class,
and ID Number)—The generator must
complete this section consistent with
DOT'S regulations at 49 CFR Part
172.201. As allowed by those
regulations, a Hazardous Materials
(HM) column may be added by the
generator or the State to distinguish
hazardous materials as defined by
federal regulations from other wastes
(see Part IV, Response to Comments,
Issue 3 above). This permits the
generator to list materials which are
non-hazardous, or hazardous by State
definition only, in the DOT Description
space as long as the HM column is
checked only for federally-regulated
hazardous materials (including
federally-regulated hazardous waste).
In response to comments, the heading
for the Proper U.S. DOT Description has
also been modified to include the DOT
Identification Number as part of the
shipping description. The generator must
enter the assigned DOT Identification
Number consisting of a four digit
number preceded by the UN (United
Nations) or NA (North America)
designation as appropriate for each
federally regulated hazardous material
or waste listeid. (See 49 CFR 172.101
and 172.102.) The generator must also
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10498 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
enter the total quantity and unit of
measure (volume or weight) of the
shipment. Many commenters requested
clarification as to whether the weight is
a measurement of the net or gross
quantity (i.e., whether the weight of the
container should be included in the
measurement). EPA and DOT have
determined that the measurement must
be gross weight when the waste
container is to be discarded (e.g., a drum
containing waste) and net weight when
it is not discarded (e.g., bulk shipments
by tank truck). Another issue centering
on weight or volume classification is the
requirement of various States that
hazardous waste shipments be
determined by a specific measurement,
either weight or volume. The joint
HMAC and ASTSWMO proposal
suggests that the Uniform Manifest be
designed to allow the generator to
include both weight and volume. Thus,
while today's rule does not require that
two units of measure be specified for
any waste listing, the Uniform Manifest
form provides space for both weight and
volume.
One commenter asked if fractions
could be used in the quantity description
(see EPA Form 8700-22, Item 13). EPA
does not believe that the quantity
description should include fractions.
Rather, the Agency believes that the
quantity description should be the most
accurate possible without using
fractions or decimals. For example, if a
shipment weighs 18,500 pounds, the
correct quantity description would be
18,500 pounds, not 9.25 tons nor 9% tons.
Special Handling Instructions and
Additional Information—As proposed,
this section may be used by fee
generator for a number of purposes.
Some commenters have advocated that
the ICC Bill of Lading and/or DOT
placarding information be allowed on
the Uniform Manifest form. The Special
Handling Instructions space (or the
reverse side of the form) may be used
for this information, emergency
response telephone numbers, or any
other information the generator wishes
to include about the shipment. If
alternate facility information (i.e., name,
address, and EPA ID number) or the
conditions for international shipments
(i.e., point of departure, date of
departure, and transporter's signature)
are included, they must appear in this
space. However, States are not
permitted to require any information
within this space or on the back of the
form as a condition of transportation. In
accordance with a joint
recommendation by ASTSWMO and
HMAC, certain information needs of the
States can be accommodated in the
State information spaces discussed
below.
Generator Certification—The
generator is required to read and sign
the certification statement at the
initiation of each waste shipment. The
wording of the certification statement
has been changed to ensure its
applicability for use with all modes of
transportation (i.e., highway, railroad,
water, and air) and for national and
international shipments. DOT supplied
EPA with the new wording as a result of
changes they have made based on the
recommendations of a United Nations
committee of experts on the transport of
dangerous goods. States seeking final
authorization must submit supplemental
wording they propose to add to this
certification (e.g., "* * * and the laws/
regulations of the State of (name~of .
State)" as part of their application for
authorization for approval by EPA.
International Shipments—Generators
are required to list for each export
shipment the point of departure from the
United States. This information must be
placed in the item labeled "Special
Handling Instructions and Additional
Information" on EPA Form 8700-22 (first
page).
(b) Transporter Requirements:
Acknowledgment of Acceptance—A
transporter is required to acknowledge
on the Manifest the acceptance of the
waste shipment by signing the Manifest
and recording the date of acceptance.
International Shipments—
Transporters who take waste identified
on the Manifest out of the jurisdiction of
the United States must enter the date
that the waste was exported and sign
the Manifest indicating that the waste
left the United States on that date. This
information must be placed in the item
labeled "Special Handling Instructions
and Additional Information" on EPA
form 8700-22. :
(c) Treatment, Storage and Disposal
Facility Requirements:
Discrepancy Indication Space—As
proposed, the Discrepancy Indication
Space must be used for recording
significant discrepancies between the
waste described on the Manifest and the
waste actually received by the
designated facility. (See 40 CFR § 264.72
and § 265.72.) Several commenters
requested clarification of where to send
discrepancy reports. EPA regulations
require owners and operators of TSD
facilities located in States where EPA
administers the hazardous waste
program to send reports to the
appropriate EPA Regional
Administrator. Owners and operators of
TSD facilities located in States with
interim or final authorization are
advised that individual State programs
require discrepancy reports and that
they should review the specific State
regulations on this subject for further
information.
Acknowledgment of Acceptance—The
owner or- operator of the TSD facility is
required to acknowledge the acceptance
of the waste shipment by signing the
manifest and recording the date of
acceptance.
2. Optional State Information
Requirements,—As previously
discussed, the Uniform Manifest form
includes optional information spaces to
substantially meet basic requirements of
the States. This should eliminate or
reduce the need for additional State
reporting requirements. The optional
State information items on the Uniform
Manifest form were selected on the
basis of comments received, including
the recommendations of the HMAC and
ASTSWMO joint task group. The
specifically identified items are
generally those used most frequently by
the States. Many members of the
regulated community joined the task
group in recommending that certain of
these additional items be included on
the form.
• This section describes the optional
State-required information items
included on the Uniform Manifest form.
State Manifest Document Number—In
response to comments, space has been
provided for a State manifest document
number used by some States to track
waste shipments. Typically, this number
will be preprinted by the State issuing
the manifest and, therefore, is not an
information burden on generators.
State Identification Numbers—These
spaces are provided for generators',
transporters', and treatment, storage and
disposal facilities' State identification
numbers. These numbers may include
registration, permit, disposal plan, or
other State identification numbers.
Telephone Numbers—Space has been
provided for the telephone numbers of
two transporters and the TSD facility.
(The generator's telephone number is a
-federally-required information item, as
mentioned above.)
Waste Numbers—This space is
provided for the entry of either EPA or
State hazardous waste numbers. (Space
for waste numbers was included as an
optional item on the Manifest form
proposed on March 4,1982.)
Additional Waste Description
Space—Some industry commenters
requested additional space in which to
list additional information about their
wastes. HMAC and ASTSWMO
suggested expanding the Special
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Federal Register /Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
Handling Instructions and Additional
Information area of the proposed
Uniform Manifest form to allow for
"certain information about the type and
nature of the waste." EPA and DOT are
aware that many States want to request
additional information not required by
EPA or DOT as part of the proper
shipping description from the generator
concerning hazardous waste listings. In
response to these suggestions, an
"Additional Description for Wastes
Listed Above" space has been included
on the Uniform Manifest form. This
space may only be used for data that
describe the waste, such as chemical
names, constituent percentages, and
physical state and may be used by a
generator for additional waste
descriptions even if a generator State or
consignment State does not require it.
Handling Codes—This space is
provided for either EPA or State
handling codes indicating the relevant
treatment, storage, or disposal process.
Other information—Several State
commenters suggested that the form ,.
contain space for emergency response
telephone numbers and for the name,
address, telephone number, and logo of
the State Agency. Although States may
not require generators to provide any
information other than in the optional
State information space, the top margin
has been expanded to provide room for
the State to preprint such information.
Section V.C. of this preamble,
Modifications to the Form, discusses
more completely the additional
information that may appear on the
form. . . . . ,
B. Form Design
The forms required by this
promulgation retain the vertical SVa" by
11" size proposed on March 4,1982 (see
47 FR 9336), despite the addition of new
information items. This is possible
because the available space is used
more efficiently.
The required federal information
items are generally on the left and
middle portions of the form. The
optional State information items are on
the upper right, except for the
"Additional Description for Waste
Listed Above" space. The optional State
information items are shaded and
headed by letters rather than numbers,
to set them apart.
The form has been revised in response
to other comments in the following
manner. (1) It was redesigned to be
readily adaptable to automated data
processing (ADP) equipment. (2) It is
suitable for either manual or typewritten
entry. The marks shown in the proposed
rule in certain data entry spaces (e.g.,
"Container Number and Type") have
been de-emphasized because
commenters stated that they interfered
with preparation of the forms by
typewriter. They have been replaced by
lighter, less conspicuous dots. (3) The
information items on the form are
numbered or lettered to make it easier
for users to follow instructions and
reference a specific item in the "Special
Handling Instructions arid Additional
Information" space, (4) The form
contains an "Additional Description for
Waste Listed Above" space that
provides the generator with room to
clearly enter useful information. (5) The
final Uniform Manifest form (EPA form
8700-22) has only four waste listing
spaces, as suggested by some -
commenters, in order to provide
additional space for other information.
(6) The Manifest document is designed
to include a Continuation Sheet (EPA
Form 8700-22A) on which the generator
may list both additional hazardous
wastes and transporters, if necessary.
This eliminates the need for users with
many different waste streams, notably
laboratories, to prepare many separate
manifests for one shipment.
C. Modifications to the Form
States may add information to the
form in the margin or on the back of the
form, and only information or
instructions that do not require
generators, transporters, or owners or
operators of hazardous waste
management facilities to supply new,
different, or additional information.
Information or instructions States may
preprint include:
1. A unique State manifest document
number (items A and L);
2. State emergency telephone numbers
(in the margin or on the back);
3. State Agency name, address,
telephone' number, and State logo (in the
margin or on the back);
4. Copy distribution information (in
the margin or on the back);
5. State forms inventory control
numbers (in the margin or on the back);
6. Organizational marks such as light
lines, line identifiers, etc. to facilitate
information entry and data processing ~~
(anywhere on the form);
7. A hazardous materials (HM)
column in items 11 and 28 (see DOT
regulations at 49 CFR 172.201);
8. A reference to State laws or
regulations following the federal
certification (in item 16); and
9. Abbreviations for headings in State
optional information spaces (items A-H
andL-Q).
States may also print instructions
which may be distributed with the
forms.
Title 40 CFR 271.6 has been revised to
require use of EPA form 8700-22 and
8700-22A for authorized States. States
seeking final authorization are required-
to submit a copy of the Uniform
Manifest form with their application if
they preprint any information on the
form. .,"..."..
In cases where generators print their
own uniform manifest forms, they may
preprint the following information:
1. Any information requirements, with
the exception of the certification
signature and acceptance signatures;
2. Transporter safety information,
treatment, storage or disposal
information, and Bill of Lading
information (in the "Special Handling
Instructions and Additional
Information" space or, if necessary, on
the back);
3. Copy liistribution and other general,
company information (in the margin or
on the back);
4. A hazardous materials (HM)
column in items 11 and 28 (see DOT
regulations at 49 CFR 172.201); and
5. Organizational marks such as light
lines, line identifiers, etc., to facilitate
proper character placement of
information (anywhere on the form).
Generators may also print instructions
and distribute them with the form. But,
the form must be completed and
consistent with federal requirements.
Instructions for filling out the Uniform
Hazardous Waste Manifest form are
included in today's Federal Register.
EPA is not requiring that the instructions
be included with copies of the form. The
form must, however, be completed and
consistent with these instructions.
D. Copies of the Forms
EPA is not printing copies or sets of
the Manifest form for public use.
Generators and others desiring copies of
the form should first contact their State
office to determine if their State will be
printing the forms. If their State is not
printing the forms, camera-ready copies
of the form for printing purposes can be
obtained from the State, or the EPA
Regional Office or EPA Headquarters.
VI. Effective Date
These regulations will take effect on
September 20,1984, as required by
Section 3010(b) of RCRA. Further
discussion of the appropriateness of this
period of time for the Uniform Manifest
is provided above, Section III.E,
Implementation Date.
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10500 Federal Register / Vol. 49, No. 55 /Tuesday, March 20, 1984 / Rules'
VII. Compliance with Executive Order
12291, Papenvork Reduction Act and
Regulator!' Flexibility Act
A. Executive Order 12291
EPA has determined that today's final
rule will not result in: An annual effect
on the economy of $100 million or more;
a major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation or the ability of
United States-based enterprises to
compete in domestic or export markets.
Indeed, as discussed above, today's
action is expected to reduce the current
burden on the regulated community.
Therefore, this final rule is not subject to
the major rule provisions of Executive
Order 12291 and a regulatory impact
analysis is not required.
This final rule was submitted to the
Office of Management and Budget for
review as required by Executive Order
12291. Any written comments from OMB
to EPA and any EPA response to -those
comments are available for public
inspection at the Office of Solid Waste
Docket, Room S-212, U.S. EPA, 401M
Street SW, Washington DC, 20460.
B. Papenvork Reduction Act
The Uniform Hazardous Waste
Manifest is subject to the OMB
clearance requirements of the
Paperwork Reduction Act of 1980. OMB
has reviewed and approved the Uniform
Hazardous Waste Manifest form
through July 31,1986 (OMB Control No.
2000-0404). The Uniform Hazardous
Waste Manifest is not subject to the
clearance requirements of the General
Services Administration since the
Manifest form is an operating rather
than a reporting document.
C. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities and,
therefore, does not require the
preparation of a regulatory flexibility
analysis under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.]. Indeed, the .
required use of a Uniform Hazardous.
Waste Manifest form should reduce the
costs of compliance with manifest
requirements for regulated hazardous
waste generators and transporters
(including small businesses as defined
by that Act) by reducing the number of
manifest forms that must be completed
for each shipment. Accordingly, I certify
pursuant to 5 U.S.C. § 605 that the final
rule will not have a significant adverse
economic impact on small entities.
VIII. List of Subjects
40 CFR Part 260
Administrative practice and
procedure, Hazardous materials, Waste
treatment and disposal.
40 CFR Part 262
Hazardous materials, Labeling,
Packaging and containers, Reporting
requirements, Waste treatment and
disposal.
40 CFR Part 271
Confidential business information,
Hazardous materials, Intergovernmental
relations, Penalties, Reporting
requirements, Waste treatment and
disposal, Water pollution control, Water
supply. . • -
Dated: March 13, .1984. .
William D. Ruckelshaus,
Administrator.
Title 40 of the Code of Federal
Regulations is amended as follows:
PART 260—HAZARDOUS WASTE
MANAGEMENT SYSTEM; GENERAL
1. The authority citation for Part 260
reads as follows:
Authority: Sees. 1006, 2002, 3001 through
3007, 3010, and 7004, of the Solid Waste
Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as
amended [42 U.S.C. 6905, 6912, 6921 through
6927, 6930, 6974).
2. Section 260.10 is amended by
revising the following definitions to read
as follows;
§260.10 Definitions.
* * * * *
"Manifest"—means the shipping
document EPA form 8700-22 and, if
necessary, EPA form 8700-22A,
originated and signed by the generator
in accordance with the instructions
included in the Appendix to Part 262.
"Manifest document number—means
the U.S. EPA twelve digit identification
number assigned to the generator plus a
unique five digit document number,.
assigned to the Manifest by the
generator for recording and reporting
purposes.
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE
3. The authority citation for Part 262
reads as follows:
Authority: Sees. 2002, 3001, 3002, 3003, 3004,
and 3005 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended by [42
U.S.C. 6912, 6921 through 6925).
4. Section 262.20 is amended,by
revising paragraph (a) to read as
follows:
§ 262.20 General requirements.
(a) A generator who transports, or
offers for transportation, hazardous
waste for offsite treatment, storage, or
disposal must prepare a Manifest (OMB
control number 2000-0404) on EPA form
8700-22, and, if necessary, EPA form
8700-22A, according to the instructions
included in the Appendix to Part 262..-
* * * * •. *
5. 40 CFR is amended by revising
§ 262.21 in its entirety as follows:
§ 262.21 Acquisition of Manifests.'
(a) If the State to which the shipment
is manifested (consignment State)
supplies the Manifest and requires its
use, then the generator must use* that
Manifest.
(b) If the consignment State does not
supply the Manifest, but the State in
which the generator is located
(generator State) supplies the Manifest
and.requires its use, then the generator
must use that State's Manifest.
(c) If neither the generator State nor
the consignment State supplies the
Manifest, then the generator may obtain
the Manifest from any source.
6. Section 262.50 is amended by
revising the introductory text of
paragraph (b)(3) and the introductory
text of paragraph (d) and by adding
paragraph (b) (4) and (e) to read as
follows:
§ 262.50 International shipments.
* * * * * f .
(b) * * * '
(3) Meet the requirements under
§ 262.20(a) for the Manifest except that:
* * * * . *
(4) Obtain the Manifest from the
generator's State if that State supplies
the Manifest form and requires its use. If
the generator's State does not supply the
Manifest form, then the generator may
obtain the Manifest form from any
source.
*****
(d) When importing hazardous waste,
a person must meet all the requirements
of § 262.20(a;) for the Manifest except
that:
* * * * *
(e) A person who imports hazardous
waste must obtain the Manifest form
from the consignment State if that State
supplies the Manifest and requires its
use. If the consignment State does not
supply the Manifest form, then the
Manifest form may be obtained from
any source.
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Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 /.Rules and Regulations 10501
7. Part 262 is amended .by adding an
Appendix to read as follows:
Appendix—Uniform Hazardous Waste
Manifest and Instructions (EPA Forms
8700-22 and 8700-22A and Their
Instructions)
U.S. EPA Form 8700-22.
Read all instructions before
completing this form..
This form has been designed for use
on a 12-pitch (elite-)-typerwriterra firm
point pen may also be used—press
down hard.
FEDERAL REGULATIONS REQUIRE
GENERATORS AND TRANSPORTERS
OF HAZARDOUS WASTE AND
OWNERS OR OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL
FACILITIES TO USE THIS FORM
(8700-22) AND, IF NECESSARY, THE
CONTINUATION SHEET (FORM
8700-22A) FOR BOTH INTER AND '
INTRASTATE TRANSPORTATION.
FEDERAL REGULATIONS ALSO ...
REQUIRE GENERATORS AND
TRANSPORTERS OF HAZARDOUS
WASTE AND OWNERS OR
OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND
DISPOSAL FACILITIES TO COMPLETE
THE FOLLOWING INFORMATION:
GENERATORS-
Item 1. Generator's U.S. EPA ID
Number—Manifest Document Number
Enter the generator's U.S. EPA twelve
digit identification number and the
unique-five digit number assigned to this
Manifest (e.g., 00001) by the generator.
Item 2. Page 1 o/___
Enter the total number of pages used
.to complete this Manifest, i.e., the first
page (EPA Form 8700-22) plus the
number of Continuation Sheets (EPA
Form 8700^22A), if any.
Item3. Generator's Name and Mailing
Address .
Enter the name and mailing address of
the generator. The address should be the
location that will manage the returned
Manifest form.s. . ,
BILLING CODE 656 0-50-M
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Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
I
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Form Approved. OMB No. 2000-0404. Expires 7-31 -86
UNIFORM HAZARDOUS * • Generator's ub tfA ID No. Doc™etsNo.
WASTF fWANIFFST 1 •••••__
3. Generator's Name and Mailing Address
4. Generator's Phone ( }
5. Transporter 1 Company Name 6.
L-...—
7. Transporter 2 Company Name 8.
1
9. Designated Facility Name and Site Address 10.
I
US EPA ID Number
US EPA ID Number
~"~ US EPA ID Number
*"" 12.Conta
1 1 . US DOT Description (Including Proper Shipping Name, Hazard Class, and ID Number)
a.
b.
c.
d.
J. Additional Descriptions for Materials Listed Above
"16. Special Handling Instructions and Additional Information
is not required by Federal
of law.
A.State Manifest Document Numoer
B;State Generator's JD
^^^^^•^•'^
C.State transporters lu
D.Trahsporter> Phone
E. State Transporters ID
F. Transporter's Phone
G.S«ate Facmtys ID ; ^ ;
H.Facility's Phoiie
... . . ; .v; -• '• .,-_ ',-_ - . ...
Total Unit Waste No
Tvoe Quantity irtft/Vol waste NO.
,
1 6 GENERATOR'S CERTIFICATION: 1 hereby declare that the contents of this consignment are TU
' above by proper shipping name and are classified, packed, marked, and labeled, and are in all res|
transport by highway according to applicable international and national governmental regulat o
Printed/Typed Name
T 17 Transporter 1 Acknowledgement* of Receipt of Materials
A Printed/Typed Name
N
s
o 18. Transporter 2 Acknowledgement or Receipt of Materials
T Printed/Typed Name
R
19. Discrepancy Indication Space
r
A
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1
sects in proper condition for
Date
Signature Momnuay,™
Signature Month Day Year
Date
Signature Month Day Year
V 20 Facility Owner or Operator: Certification of receipt of hazardous materials covered by this manifest except as no™ „,
T Item 19. 1 Date
Printed/Typed Name
Signature mum" ua* """
EPA Form 8700-22 (3-84)
BILLING, CODE 6560-50-C
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federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations 10503
Item 4. Generator's Phone Number
Enter a telephone number where an
authorized agent of the generator may
be reached in the event of an
emergency.
Item 5. Transporter 1 Company Name
Enter the company name of the first
transporter who will transport the
waste.
Item 6. U.S. EPA ID Number
Enter the U.S. EPA twelve digit
identification number of the first
transporter identified in item 5.
Item 7. Transporter 2 Company Name
If applicable, enter the company name
of the second transporter who will
transport the waste. If more than two
transporters are used to transport the
waste, use a Continuation Sheet(s) [EPA
Form 8700-22A) and list the transporters
in the order they will be transporting the
waste.
Item 8. U.S. EPA ID Number
If applicable, enter the U.S. EPA
twelve digit identification number of the
second transporter identified in item 7.
Note.—If more than two transporters are
used, enter each additional transporter's
company name and U.S. EPA twelve digit
identification number in items 24-27 on the
Continuation Sheet (EPA Form 8700-22A).
Each Continuation Sheet has space to record
two additional transporters. Every
transporter used between the generator and
the designated facility must be listed.
Item 9. Designated Facility Name and
Site Address
Enter the company name and site
address of the facility designated to
receive the waste listed on this
Manifest. The address must be the site
address, which may differ from the
company mailing address.
Item 10. U.S. EPA ID Number
Enter the U.S. EPA twelve digit
identification number of the designated
facility identified in item 9.
Item 11. U.S. DOT Description
{Including Proper Shipping Name,
Hazard Class, and ID Number (UN/
NAJJ
Enter the U.S. DOT Proper Shipping
Name, Hazard Class, and ID Number
(UN/NA) for each waste as identified in
49 CFR 171 through 177.
Note.—If additional space is needed for
waste descriptions, enter these additional
descriptions in item 28 on the Continuation
Sheet (EPA Form 8700-22A).
Item 12. Containers (No. and Type)
Enter the number of containers for
each waste and the appropriate
abbreviation from Table I (below) for
the type of container.
Table I—Types of Containers
DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums,
barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases
(including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons,
cases
BA=Burlap, cloth, paper or plastic bags
Item 13. Total Quantity
Enter the total quantity of Waste
described on each line. • ,_
Item 14. Unit fWt./Vol.)
Enter the appropriate abbreviation
from Table II (below) for the unit of
measure.
Table II—Units of Measure
G=Gallons (liquids only)
P=Pounds
T=Tons (2000 Ibs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters
Item 15. Special Handling Instructions
and Additional Information
Generators may use this space to
indicate special transportation,
treatment, storage, or disposal
information or Bill of Lading
information. States may not require
additional, new, or different information
in this space. For international
shipments, generators must enter in this
space the point of departure (City and
State) for those shipments destined for
treatment, storage, or disposal outside
the jurisdiction of the United States.
Item 16. Generator's Certification
The generator must read, sign (by
hand), and date the certification
statement. If a mode other than highway
is used, the word "highway" should be
lined out and the appropriate mode (rail,
water, or air) inserted in the space
below. If another mode in addition to
the highway mode is used, enter the
appropriate additional mode (e.g., and
rail] in the space below.
Note.—All of the above information except
the handwritten signature required in item 16
may be preprinted.
TRANSPORTERS
Item 17. Transporter 1
Acknowledgement of Receipt of
Materials
Enter the name of the person
accepting the waste on behalf of the first
transporter. That person must
acknowledge acceptance of the waste
described on the Manifest by signing
and entering the date of receipt.
Item 18. Transporter 2
Acknowledgement of Receipt of
Materials
Enter, if applicable, the name of the
person accejpting the waste on behalf of
the second transporter. That person
must acknowledge acceptance of the
waste described on the Manifest by
signing and entering the date of receipt.
Note.—International Shipments—
Transporter Responsibilities.
Exports—Transporters must sign and enter
the date the waste left the United States in
item 15 of Form 8700-22.
Imports—Shipments of hazardous waste
regulated by RCRA and transported into the
United States from another country must
upon entry be accompanied by the U.S. EPA
Uniform Hazardous Waste Manifest.
Transporters who transport hazardous waste
into the United States from another country
are responsible for completing the Manifest
(40 CFR 263.10(c)(l)).
Owners and Operators of Treatment,
Storage, or Disposal Facilities
Item 19. Discrepancy Indication Space
The authorized representative of the
designated (or alternate) facility's owner
or operator must note in this space any
significant discrepancy between the
waste described on the Manifest and the
waste actually received at the facility.
Owners and operators of facilities
located in unauthorized States (i.e., the
U.S. EPA administers the hazardous
waste management program) who
cannot resolve significant discrepancies
within 15 days of receiving the waste
must submit to their Regional
Administrator (see list below) a letter
with a copy of the Manifest at issue
describing the discrepancy and attempts
to reconcile it (40 CFR 264.72 and
265.72).
Owners and operators of facilities
located in authorized States (i.e., those
States that have received authorization
from the U.S. EPA to administer the
hazardous waste program) should
contact their State agency for
information on State Discrepancy
Report requirements.
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10504 Federal Register / Vol. 49, No. 55 / Tuesday, March
EPA Regional Administrators
Regional Administrator, U.S. EPA
Region I, J.F. Kennedy Fed. Bldg.,
Boston, MA 02203
Regional Administrator, U.S. EPA
Region II, 26 Federal Plaza, New York,
NY 10278
Regional Administrator, U.S. EPA
Region III, 6th and Walnut Sts.,
Philadelphia, PA 19106
Regional Administrator, U.S. EPA
Region IV, 345 Courtland St., NE.,
Atlanta, GA 30365
Regional Administrator, U.S. EPA
Region V, 230 S. Dearborn St.,
Chicago, IL 60604
Regional Administrator, U.S. EPA
Region VI, 1201 Elm Street, Dallas, TX
75270
Regional Administrator, U.S. EPA
Region VII, 324 East llth Street,
Kansas City, MO 64106 ..
Regional Administrator, U.S. EPA
Region VIII, 1860 Lincoln Street,
Denver, CO 80295
Regional Administrator, U.S. EPA
Region IX, 215 Freemont Street, San
Francisco, CA 94105
Regional Administrator, U.S. EPA
Region X, 1200 Sixth Avenue, Seattle,
WA 98101
Item 20. Facility Owner or Operator:
Certification of Receipt of Hazardous
Materials Covered by This Manifest
Except as Noted in Item 19
Print or type the name of the person
accepting the waste on behalf of the
owner or operator of the facility. That
person must acknowledge acceptance of
the waste described on the Manifest by
signing and entering the date of receipt.
Items A-K are not required by Federal
regulations for intra- or interstate
transportation. However, States may
require generators and owners or
operators of treatment, storage, or
disposal facilities to complete some or
all of items A-K as part of State
manifest reporting requirements.
Generators and owners and operators of
treatment, storage, or disposal facilities
are advised to contact State officials for
guidance on completing the shaded
areas of the Manifest.
BILLING CODE 6560-50-M
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Federal Register / Vol. 49, No. 55 / Tuesday, March 20,1984 / Rules and Regulations
10505
Please print or type. (Form designed for use on elite (1 2-pitch) typewriter.) Form Approved. OMB No. 2000-0404. Expires 7-31 -86
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UNIFORM HAZARDOUS 21 Gener
WASTE MANIFEST
(Continuation Sheet) • • •
23. Generator's Name
24. Transporter Company Name
I
26. Transporter Company Name
ator's US EPA ID No. M
IDocu
anifest
•nent No.
25. US EPA ID Number
27. US EPA ID Number
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28. US DOT Description (Including Proper Shipping Name, Hazard Class, and ID Number j
a.
b. i
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d.
e. •
f.
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h.
i.
29. Coma
No
S, Additional Descrlp^ns for Matenal^tisteci Above
» '* "ft- _
22. Page Information in the shaded
areas is not required by Federal
law.
1. State Manifest Document Number
WU State Generator's ID
N. State Transporter's ID
O. -Transporter's Phone
P. State Transporter's ID
To.. Transporter's Phone
iners
Type
30.
Total
Onanlity
31.
Unit
Wt/Vol
|
'
R.
Waste No. t
•
i
?
1
t,
T. Handlmg Codes for Wastes Listed Above i
32. Special Handling Instructions and Additional information
33. Transporter Acknowledgement of Receipt of Materials
Printed/Typed Name >
Signature
34. Transporter Acknowledgement of Receipt of Materials
Printed/Typed Name
35. Discrepancy Indication Space '
i
Signature
Date
Month Day Year
II
Date
Month Day Year
II
EPA Form 8700-22A (3-84)
BILLING CODE 6S60-50-C
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10506 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
Instructions—Continuation Sheet, U.S.
EPA Form 8700-22A
Read all instructions before
completing this form.
This form has been designed for use
on a 12-pitch (elite) typewriter; a firm
point pen may also be used—press
down hard.
This form must be used as a
continuation sheet to U.S. EPA Form
8700-22 if:
• More than two transporters are to be
used to transport the waste;
• More space is required for the U.S.
DOT description and related
information in Item 11 of U.S. EPA
Form 8700-22.
Federal regulations require generators
and transporters of hazardous waste
and owners or operators of hazardous
waste treatment, storage, or disposal -
facilities to use the Uniform Hazardous
Waste Manifest (EPA Form 8700-22) and,
if necessary, this Continuation Sheet
(EPA Form 8700-22A) for both inter- and
intrastate transportation.
GENERATORS
Item 21. Generator's U.S. EPA ID
Number—Manifest Document Number
Enter the generator's U.S. EPA twelve
digit identification number and the
unique five digit number assigned to this
Manifest (e.g., 00001) as it appears in
item 1 on the first page of the Manifest.
Item 22. Page
Enter the page number of this
Continuation Sheet.
Item 23. Generator's Name
Enter the generator's name as it
appears in item 3 on the first page of the
Manifest.
.Company
Item 24. Transporter.
Name
If additional transporters are used to
transport the waste described on this
Manifest, enter the company name of
each additional transporter in the order
in which they will transport the waste.
Enter after the word "Transporter" the
order of the transporter. For example,
Transporter 3 Company Name. Each
Continuation Sheet will record the
names of two additional transporters.
Item 25. U.S. EPA ID Number
Enter the U.S. EPA twelve digit
identification number of the transporter
described in item 24.
. Company
Item 26. Transporter.
Name
If additional transporters are used to
transport the waste described on this
Manifest, enter the company name "of
each additional transporter in the order
in which they will transport the waste.
Enter after the word "Transporter" the
order of the transporter. For example,
Transporter 4 Company Name. Each
Continuation Sheet will record the
names of two additional transporters.
Item 27. U.S. EPA ID Number
Enter the U.S. EPA twelve digit
identification number of the transporter
described in item 26.
Item 28. U.S. DOT Description Including
Proper Shipping Name, Hazardous
Class, and ID Number (UN/NA)
Refer to item 11.
Item 29. Containers (No. and Type)
Refer to item 12.
Item 30. Total Quantity
Refer to item 13.
Item 31. Unit (Wt./Vol.)
Refer to item 14.
Item 32. Special Handling Instructions
Generators may use this space to
indicate special transportation,
treatment, storage, or disposal
information or Bill of Lading
information. States are not authorized to
require additional, new, or different
information in this space.
* * * * *
TRANSPORTERS
Item 33. Transporter
Acknowledgement of Receipt of
Materials
Enter the same number of the
Transporter as identified in item 24.
Enter also the name of the person
accepting the waste on behalf of the
Transporter (Company Name) identified
in item 24. That person must
acknowledge acceptance of the waste
described on the Manifest by signing
and entering the date of receipt.
Item 34. Transporter
Acknowledgement of Receipt of
Materials
Enter the same number as identified
in item 26. Enter also the name of the
person accepting the waste on behalf of
the Transporter (Company Name)
identified in item 26. That person must
acknowledge acceptance of the waste
described on the Manifest by signing
and entering the date of receipt.
*****
Owners and Operators of Treatment,
Storage, or Disposal Facilities
Item 35. Discrepancy Indication Space
Refer to item 19.
Items L-R are not required by Federal
regulations for intra- or interstate
transportation. However, States may
require generators and owners or
operators of treatment, storage, or
disposal facilities to complete some or
all of items L-R as part of State manifest
reporting requirements. Generators and
owners and operators of treatment,
storage, or disposal facilities are
advised to contact State officials for
guidance on completing the shaded
areas of the manifest.
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
8. The authority citation for Part 271
reads as follows:
Authority: Sections 1006, 2002 and 3006 of
the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act
of 1976, as amended (RCRA) (42 U.S.C, 6905,
6912, and 6926).
9. Section 271.6 is amended by
revising paragraph (d) to read as
follows:
§ 271.6 Program Description.
* * * * * -
(d) Copies of the permit form(s),
application form(s), and reporting
form(s) the State intends to employ in its
program. Forms used by the State for
hazardous waste management need not
be identical to the forms used by EPA
but should require the same basic
information, except that the State RCRA
program must require the use of EPA
Manifest forms 8700-22 and 8700-22A.
Where the State preprints information
on the Manifest forms, such forms must
be submitted with the State's
application for approval. Restrictions on
preprinting by the States are identified
in 40 CFR 271.10(h). Otherwise, the State
need not provide copies of uniform
national forms it intends to use but
should note its intention to use such
forms.
* * * * *
10. Section 271.10 is amended by
revising paragraph (f)(l) and adding
(h)(l)-(h)(3) to read as follows:
§ 271.10 Requirements for generators of
hazardous waste.
***** -
[f) * * *
(1) Use a manifest system that ensures
that interstate and intrastate shipments
of hazardous waste are designated for
delivery, and, in the case of intrastate
shipments, are delivered to facilities
that are authorized to operate under an
approved State program or the federal
program. The manifest system must
include the use of Manifest form as
required by § 262.20(a) and § 262.21. No
-------
Federal
VoL49,No. 55 / Tuesday,_March 20, 1984 / Rules and Regulations,
10507
other manifest form, shipping
document, or information, other than
that required by federal law, may be
required by the State to travel with the
shipment. .' '•
* * * * *
CO* * *
(1) A State that supplies the manifest
form required by § 262.20(a) may
preprint information on the form only as
follows:
(i) In items A and L, a State Manifest
document number; (EPA Form 8700-22,
items A; EPA Form 8700-22A, item L);
(ii) In items 11 and 28, a hazardous.
materials (HM) column for use in:
distinguishing between federally
regulated wastes and other materials
according to 49 GFR 172.201(a)(l);
(iii) Anywhere on the form, light
organizational marks to indicate proper
placement of characters or to facilitate
data entry;
(iv) Anywhere in the margin of the
form or on the back of the form, any
information or instructions that do not
require generators, transporters, or
owners or operators of hazardous waste
management facilities to supply
additional information;
(v) In item 16, reference to State laws
or regulations following the federal
certification; and •
(vi) Abbreviations for headings in
State optional information spaces (EPA
Form 8700-22, items A-H; and EPA
Form 8700-22A, items L-Q).
(2) In addition to the federally
required information, both the State in
which the generator is located and the
State in which the designated facility is
located may require completion of the
following items:
(i) State manifest document number
(EPA Form 8700-22, item A; EPA Form
8700-22A item L); . - . '
(ii) For generators, State generator
identification numbers (EPA Form 8700-
22, item B; EPA Form 8700-22A, item M);
(iii) For transporters, telephone
numbers and State transporter
identification numbers (EPA Form 8700-
22, items C, D, E and F; EPA Form 8700-
22A, items N, O, P and Q);
(iv) For owners and operators of •
hazardous waste management facilities,
facility telephone number, and State
facility identification numbers (EPA
Form 8700-22, items G and H);
(v) Codes associated with particular
wastes (EPA Form 8700-22, item I; EPA
Form 8700-22A, item R);
(vi) Codes associated with particular •
waste treatment, storage, or disposal
methods (EPA Form 8700-22, item K;
EPA Form 8700-22A, item T); and
(vii) Additional waste description
associated with particular hazardous
wastes listed on the Manifest. This
information is limited to information
such as chemical names, constituent
percentages, and physical state (EPA
Form 8700-22, item J; EPA Form 8700-=
22A, itemS).
(3) No State, however, may impose
enforcement sanctions on a transporter
during transportation of the shipment for
failure of the form to include preprinted
information or optional State :
information items
* * •: * * * ' "
[FR Doc. 84-7166 Filed 3-1M4; 8:45 am] : - -
BILLING CODE 6560-50-M '
DEPARTMENT OF TRANSPORTATION
Research and Special Programs
Administration
49 CFR Parts 171 and 172
[Docket HM-145D; Amdt. Nos. 171-78,172-
90]
Hazardous Waste Manifest; Shipping
Papers
AGENCY: Materials Transportation
Bureau, Research and Special Programs
Administration, DOT.
ACTION: Final rule.
SUMMARY: The Department of
Transportation (DOT) and the
Environmental Protection Agency (EPA)
today are publishing requirements for a
Uniform Hazardous Waste Manifest.
These rules are necessary to assure
uniform enforcement and to resolve
difficulties encountered by shippers and
carriers involved in the transportation of
hazardous waste, which were brought
on by differing State manifest
requirements. EPA is adopting a
standard format for the manifest and the
Materials Transportation Bureau (MTB)
is amending the Hazardous Materials
Regulations to require use of EPA's
standardized hazardous waste manifest
form for the transportation of hazardous
waste in commerce. MTB. has amended
' § 171.1 of the Hazardous Materials
Regulations to delete the reference to
EPA interim authorizations, and § 171.3
by revising the Note to paragraph (c)(3).
MTB also adopts two amendments
pertaining to shipping papers; one is a .
revision of § .172.201 to recognize that a
shipping paper, including a hazardous
waste manifest, may consist of more
than.one page; the other is a revision of
§ 172.205 to include reference to the EPA
form number for the hazardous waste
manifest.
EFFECTIVE DATE: September 20,1984,
however, compliance With the
regulations as herein amended is
authorized on or after March 20,1984.
FOR FURTHER INFORMATION CONTACT:
Lee E. Metcalfe, Office of Hazardous
Materials Regulation, Materials
Transportation Bureau, Washington, .
D.C. 20590, (202) 426-2075. ' .
SUPPLEMENTARY INFORMATION:
I, Background
On February 26,1980, the
Environmental Protection'Agency (EPA)
established a manifest system to assure
that hazardous wastes designated for
delivery to offsite treatment, storage or
disposal facilities actually reach their
destination. The central element of that
system is the "manifest", a control and
transport document that accompanies
the hazardous waste shipment from its
point of generation to its point of
destination. On May 22,1980, MTB
issued finalregulations, under Docket
HM-145A (45.FR 34560), relative to the
use and disposition of manifests.
Although EPA considered.requiring a
uniform manifest form when it
developed its regulations, the Agency
chose instead only to require that
specific information accompany the
waste. It did not require the use of a
specified format for a manifest. EPA
recognized that DOT's regulations
already require shipping papers for the
transportation of hazardous materials
without a requirement for use of a
specific form.; therefore, EPA concluded
that a shipping paper could be used
satisfactorily as a manifest if additional
information required by EPA was
included. By not requiring a specific
form EPA's intent was to provide the
regulated community with the option of
adapting their existing DOT shipping
papers to function as manifests as was
requested by several commenters in
response to the proposed EPA rule (43
FR 58946, Dec. 18,1978).
Since the introduction of the Federal
manifest system, there has been a
proliferation of manifests as various
States decide to develop and print their .
own forms. At least 22 States presently
require generators to use specific
manifest forms, often with varying
additional information reguirements.
This has caused two major problems.
First, the lack of uniformity in the
manifests required by States has created
a substantial; burden for both generators
and transporters. Prior to the effective
date of this rule, a transporter carrying
hazardous waste may be required to
carry the manifest of each State in
which it travels in order to comply with
those States' manifest requirements.
Failure to carry a State's particular
-------
10508 Federal Register / Vol. 49, No. 55 / Tuesday, March 20, 1984 / Rules and Regulations
manifest may delay or prevent
shipments from reaching their ,
destination, or subject the transporter to
legal action. Under these conditions, a
generator may be required to go through
the costly and inefficient procedure of
filling out several manifest forms with
duplicative information in order to
ensure that the waste shipment reaches
the designated facility. Second,
generators with facilities in more than
one State are hampered when
attempting to standardize manifesting
procedures because of a lack of uniform
requirements. This prevents multistate
generators from achieving efficiency in
their information collection activities.
II. Development of Standard Forms and
Rules for Their Use
In an effort to solve these problems,
EPA and MTB asked two organizations
representing the States and the
regulated community to submit
suggestions for a uniform manifest. The
State group, the Association of State
and Territorial Solid Waste
Management Officials (ASTSWMO) and
the industry group, the Hazardous
Materials Advisory Council (HMAC),
each developed a set of
recommendations concerning the
content and use of a uniform manifest
which were submitted to EPA and MTB
in March of 1981. EPA and MTB
reviewed the recommendations,
prepared a draft manifest form and met
with the ASTSWMO and HMAC
committees in July of 1981. Since the
current problems associated with the
manifest involve both DOT and EPA, the
Agencies have worked together to
devise a regulatory solution. EPA is
amending 40 CFR Parts 262 and 271
(formerly 123) to introduce the Uniform
Hazardous Waste Manifest form and to
make use of the form a requirement for
State interim and final authorization.
MTB, in turn, is amending the
Hazardous Materials Regulations to
require that shippers and carriers of
hazardous waste comply with EPA's
amendments pertaining to use of the
manifest, and to clarify that any State
(or political subdivision of a State) law
or regulation requiring a different, or
additional manifest, is inconsistent with
the Hazardous Materials Regulations.
The effect of these amendments is
twofold. First, the use of a nationally
uniform manifest will be required for all
offsite transport of hazardous waste.
Second, no State may require a carrier
to provide information with or on the
manifest which is in addition to that
authorized by the uniform manifest
system. Thus, no carrier could be
required to carry any State manifest
form that differs from the EPA form.
Neither the EPA nor DOT
amendments prohibit States from :
requiring additional information from
the generator or the treatment, storage
or disposal facility concerning a
hazardous waste shipment. For
example, States may require that the
generator (or the treatment, storage, or
disposal facility, if the State so chooses)
submit a copy of the manifest directly to
the appropriate agency of that State. In
addition, the State in which the waste
disposal facility is located may require
that certain disposal-related data be
presented to the appropriate State
agency or be present at the facility
before the facility accepts the waste.
Considering that the conventional
methods of transmitting data by mail,
wire, telephone and other means are
very reliable and readily available, MTB
is not persuaded that placing additional
paperwork burdens on carriers is
appropriate or necessary for the safe
transportation of hazardous waste.
Therefore, while these amendments do
not prohibit the transporter from
voluntarily carrying such information,
they do preclude States from requiring
the transporter to do so.
Certain areas of transportation ;.
demand a strong predominant Federal
role. In the Senate Committee language
reporting on what became Section 112 of
the Hazardous Materials Transportation
Act (HMTA), 49 U.S.C. 1801 et seg., the
need for uniform national standards in
the field of hazardous materials is
strongly indicated. Section 112 of the
HMTA expressly preempts any State or
local requirement that is inconsistent
with the HMTA or the regulations
issued thereunder. MTB believes that
national uniformity is necessary in this
area and that an evolving patchwork of
differing State requirements for
manifests is clearly inconsistent with
the Congressional intent underlying the ••
HMTA. Rather than addressing the
differing requirements of the States
through proceedings initiated pursuant
to 49 CFR Part 107, MTB believes it best
to amend its regulations to require use
of the Uniform Hazardous Waste
Manifest and to revise the Note
following § 171.3(c)(3) to make it clear'
that EPA's instructions and limitations
pertaining to a manifest are within the
scope of the inconsistency declaration
of the paragraph.
Docket HM-145D, Hazardous Waste
Manifest was first identified in the April
1,1982, issue of the Department of
Transportation Semi-Annual
Regulations Agenda and Review List (47
FR 14080) as a "Significant Regulation."
It was believed there would be
substantial shipper and carrier industry
as well as State government interest in,
and controversy concerning, a
hazardous waste manifest system. EPA
resolved the only significant problem
area by modifying the format of the - •
manifest slightly to allow limited State
requested information to be entered on
the manifest. As presented in this final
rule, the uniform hazardous waste
manifest is an EPA standard form and
MTB is authorizing it to be used as a
shipping paper when it contains the
necessary entries to meet shipping paper
requirements. The anticipated .
substantial controversy has not ,,
materialized. ....,-.
III. Discussion of Comments
A. General. In response to Notice No.
82-2 (Docket No. HM-145D, 47 FR 9346,
March 4,1982), MTB received comments
from 78 different organizations.
Generators accounted for the largest
group and all but one of those 52
commenters expressed a general
approval of the rules as proposed.
Various,agencies of the State
governments filed a total of 13
comments. Although the New Jersey
Department of Transportation gave its
unequivocal support to the proposed .
rules and the Wisconsin Department of
Natural Resources strongly opposed the
proposed rules, most State agencies
indicated they did see advantages in ,
nationally consistent regulations but
expressed only their tentative support
for adoption of a uniform hazardous
waste manifest. Limited support by the
States is generally tied to provisions
that: (1) Would have the content of the
form modified to include specific data
which the States consider essential to .
effective waste management; (2) allow
control of the forms and assignment of
unique document numbers to be
managed by the States; and (3) permit
the States to require use of their own
manifest form when the generator and
treatment, storage, or disposal facility
are both located within the same State.
Comments were also received from
six organizations representing carriers .
or carrier associations. Only the
California Trucking Association
expressed a disapproval of the proposed
rule. Its main objection is to the
provision which effectively prohibits
States from requiring their own forms
for purely intrastate shipments.
Five comments were received from
operators of hazardous waste treatment,
storage or disposal facilities. Three of
those commenters support the proposal
and two oppose it.
Finally, ASTSWMO and HMAC filed .
separate and joint comments which
support the concept of the proposed
-------
Federal Register / Vol. 49, No. 55 / Tuesday.March 20, 1984 / Rules and Regulations
10509
rules. Their comments do, however,
contain recommendation which each
organization considers necessary to
accomplish the objectives of this
rulemaking.
B. Format of the Uniform Hazardous
Waste Manifest. Practically every
comment received in response to the
notice of proposed rulemaking contains
recommendations that the manifest
forms be revised to: include more data
elements than were proposed, delete
some of the proposed data elements, or
incorporate designs which are more
suitable for data entry and extraction..
Aside from the acceptability of the
forms to contain hazard warning,
certification, and additional information
considered absolutely necessary for all
shipping papers, MTB has deferred to
EPA's judgment in all other aspects of
the development of the manifest
document. MTB is satisfied that the
format developed by EPA does permit
generators to comply with requirements
of the Hazardous Materials Regulations
applicable to shipping papers. With
respect to the commenter's specific
recommendations regarding other data
elements, MTB advised EPA of the
presence of those comments in Docket
HM-145D for EPA's consideration in
revising the proposed form.
Consequently, this document does not
address specific comments regarding the
format of the Uniform Hazardous Waste
Manifest. Interested persons should
refer to EPA's final rule appearing
elsewhere in this issue of the Federal
Register for a discussion of comments
pertaining to the form.
C. Intrastate Shipments Transported
by Motor Vehicle. Expanding the scope
of the Hazardous Materials Regulations
to include the intrastate shipment of
hazardous waste in States which
operate a hazardous waste program
under interim authorization from EPA
met resistance only on the issue of
required use of the Uniform Hazardous
Waste Manifest. Consistent with the
Congressional intent discussed earlier in
the preamble, MTB believes that a
primary element in establishing a
uniform national system for safe and
effective control of hazardous waste
transportation is uniform
documentation. This is particularly
important as greater emphasis is being
placed on enforcement of the
Department's Hazardous Materials
Regulations (including those applying in
particular to hazardous wastes) by
highway enforcement agencies of the
States. Therefore, this amendment
applies to all hazardous waste
transportation that is subject to EPA's
manifest requirements specified in 40
CFR Part 262.
D. Miscellaneous Comments.
Comments filed by the Missouri Pacific
Railroad Company express that carrier's
concern about individual State
requirements which may compel rail
carriers to physically handle the
Uniform Hazardous Waste Manifest.
Presently, § 172.205(f) excepts rail
carriers from that process, if the
originating rail carrier signs the manifest
and in turn obtains the handwritten
signature of the person representing the
designated facility on the carrier's
separately generated shipping paper for
the waste. Under this system, the
generator sends the original manifest to
the designated facility by mail or other
means. The rail carrier's shipping paper,
in turn, must contain all information
required by DOT and EPA on the
manifest except for generator and
carrier identification numbers and the
generator's certification and signature.
The Missouri Pacific Railroad Company
thinks it is necessary for DOT to restrict
States from imposing different shipping
paper requirements on railroads so that
the railroad's existing automated record
handling systems may be preserved.
Because § 172.205(f) clearly indicates
MTB's intent that rail carriers not be
required to physically handle the waste
manifest with other documents
accompanying freight in a train
delivering hazardous waste to a
treatment, storage, or disposal facility,
no further amendment is considered
necessary or appropriate. State
requirements which are inconsistent
with the Hazardous Materials
Regulations are expressly preempted by
Section 112 of the HMTA. Where, as
here MTB's stated purpose in amending
the Hazardous Materials Regulations is
to establish a nationally uniform
hazardous waste manifest system, the
type of State action which DOT is urged
to prohibit would clearly be inconsistent
and, therefore, preempted. Therefore,
the concerns expressed by the Missouri
Pacific Railroad Company are resolved
by the rule as proposed and adopted by
this amendment.
In comments submitted by the Allied
Chemical Company, the proposed rule
was correctly interpreted as precluding
the practice whereby a vehicle which, in
a single day, transported multiple
shipments of the same type of waste to
the same disposal facility could use a
single manifest showing cumulative
quantities of the waste transported. As
that concept is presently being studied
by EPA under Docket No. 3002
(Standard for Hazardous Waste
Generators: Alternate Manifest) the
Allied Chemical Company comments
are considered beyond the scope of
Docket HM-145D.
IV. Effective Date and Synopsis of
Amendments
After considering alternatives for
phasing in the Uniform Hazardous
Waste Manifest, MTB and EPA have
agreed to am effective date six months
following publication in the Federal
Register. This time period was chosen to
provide States and the regulated
community sufficient time to implement
the new ha.zardous waste manifest.
MTB is amending the Hazardous
Materials Regulations to: (1) Remove the
qualifying language in § 171.1(a)(3)(i)
pertaining to transportation of
hazardous waste by motor vehicle in
intrastate commerce, thereby making
the Hazardous Materials Regulations
applicable to all hazardous wastes
transported offsite by motor vehicle; (2)
Revise the Note following § 171.3(c)(3);
(3) Amend § 172.201 to specifically
recognize the use of continuation pages
for shipping papers, by requiring a
showing of the number of pages
constituting a multi-page shipping paper;
and (4) Amend § 172.205(a) to require
that EPA Form 8700-22 (and 8700-22A
when appropriate) be used to display
mandatory hazardous waste information
for all such transportation.
V. Classification of Rule; Reporting
Requirements; and Impact on Small
Entities
A. Non-Major Rule. The Materials
Transportation Bureau has determined
that this regulatory amendment is not a
major rule under terms of Executive
Order 12291 or significant under DOT's
regulatory procedures (44 FR11034), and
does not require a Regulatory Impact
Analysis, nor does it require an
environmental impact statement under
the National Environmental Policy Act
(42 U.S.C. 4321 et seq.). This
determination is made on the basis that:
(1) The final rule will have an annual
effect on the economy not exceeding
$100 million, (2) there will be no major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local governmental
agencies, or geographic regions, (3) it
will not result in significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises
in domestic or export markets, and (4)
no environmental impact is anticipated,
however, if there is any it is expected to
be positive!, resulting from more positive
control over carriers of hazardous
-------
10510
Federal Register / Vol. 49, No. 55 / Tugsday,^MarA2g,1984 / Rules and Regulations
waste. A regulatory evaluation is
available for review in the docket.
B. Paperwork Reduction Act.
Information collection requirements
contained in this regulation (§ 172.205)
have been approved by the Office of
Management and Budget under the
provisions of the Paperwork Reduction
Act of 1980 (Pub. L. 96-511) and have
been assigned OMB control number
2137-0034.
C. Impact on Small Entities. Based on
limited information available concerning
size and nature of entities likely to be
affected, I certify that this amendment
will not, as promulgated, have a
significant economic impact on a
substantial number of small entites. This
determination recognizes that most
small entities generate less than 2200
pounds of hazardous waste per month
and, therefore, are already excepted
from the regulations applicable to
hazardous waste transportation.
VI. List of Subjects
49CPR Part 171
Hazardous materials transportation,
and waste treatment and disposal.
49 CFR Part 172
Hazardous materials transportation.
In consideration of the foregoing,
Parts 171 and 172 of Title 49 Code of
Federal Regulations are amended as
follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. In § 171.1, paragraph (a)(3)(i) is
revised to read as follows:
§ 171.1 Purpose and scope.
*****
(a) * * *
[8) * * *
(i) Hazardous waste.
*****
2. In § 171.3, Note 1 to paragraph (e) is
amended by removing the reference "40
CFR 262.21 and 263.11" and inserting, in
its place, "40 CFR 262.20(a) and 263.11",
and the Note following paragraph (c)(3)
is revised to read as follows:
§ 171.3 Hazardous waste.
* * * * *
[c) * * *
(3) * * *
Note.—See § 172.205; each manifest must
be prepared in accordance with 40 CFR
262.20 including the instructions and
limitations specified for preparation of a
manifest.
PART 172—HAZARDOUS MATERIALS
TABLES AND HAZARDOUS
MATERIALS COMMUNICATIONS
REGULATIONS
3. In § 172.201, paragraph (c) is added
to read as follows:
§172.201 General entries.
(c) Continuation page. A shipping
paper may consist of more than one
page, if each page is consecutively
numbered and the first page bears a
notation specifying the total number of
pages included in the shipping paper.
For example, "Page 1 of 4 pages."
4. In § 172.205, paragraph (a) is
revised to read as follows:
§ 172.205 Hazardous waste manifest,
(a) No person may offer, transport,
transfer, or deliver a hazardous waste
(waste) unless an EPA Form 8700-22
and 8700-22A (when necessary)
hazardous waste manifest (manifest) is
prepared in accordance with 40 CFR
262.20 and is signed, carried, and given
as required of that person by this
section.
* * * * *
(Approved by the Office of Management and
Budget under OMB control numbers 2137-
0034)
(49 U.S.C. 1803,1804,1808; 49 CFR 1.53, App.
A to Part 1)
Issued in Washington, D.C., on March 12,
1984.
L. D. Santman,
Director, Materials Transportation Bureau.
[FR Doc. 84-7167 Filed 3-19-S4; 8:45 am]
BILLING CODE 4910-60-M
[NOTE; This reprint incorporates editorial
corrections that are published in the Federal
Register of Monday, March 26,1984, in FR
Doc. 84-7166 and FR Doc. 84-7167.]
U.S. GOVERNMENT PRINTING OFFICE : 1984 O - 437-567
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