                          RCRA REVISION CHECKLIST 231
                   Hazardous Waste Electronic Manifest Rule
                              79 FR 7518  -  7563
                               February 7, 2014
                        (RCRA Cluster XXIII, Non-HSWA)
                                       
                                       
Name of State:	Virginia
State Statutory Authority:	§ 10.1-1402 of the Code of Virginia
Title of Regulations: 	Virginia Hazardous Waste Management Regulations, 9VAC20-60
Effective Date:  Annual Update 2014 effective April 8, 2015 (VA.R., Volume 31, Issue 14, March 9, 2015)
Date Checklist Completed: 	February 27, 2015

                             FEDERAL REQUIREMENTS
                             FEDERAL RCRA CITATION
                           ANALOGOUS STATE CITATION
                               STATE ANALOG IS:



                                  EQUIV-ALENT
LESS STRIN-GENT
                                MORE STRIN-GENT
                               BROADER IN SCOPE
            PART 260  -  HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
                             SUBPART A -- GENERAL
ANY INFORMATION PROVIDED TO EPA UNDER PARTS 260 THROUGH 266 AND 268 OF THIS CHAPTER WILL BE MADE AVAILABLE TO THE PUBLIC TO THE EXTENT AND IN THE MANNER AUTHORIZED BY THE FREEDOM OF INFORMATION ACT, 5 U.S.C. SECTION 552, SECTION 3007(B) OF RCRA AND EPA REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT AND SECTION 3007(B), AND PART 2 OF THIS CHAPTER, AS APPLICABLE.
260.2(A)
See Endnote 1.

§260.2 not incorporated by reference (IBR) in 9VAC20-60-260A per 9VAC20-60-260 B.10.

                                      N/A
EXCEPT AS PROVIDED UNDER PARAGRAPH (C) OF THIS SECTION, ANY PERSON WHO SUBMITS INFORMATION TO EPA IN ACCORDANCE WITH PARTS 260 THROUGH 266 AND 268 OF THIS CHAPTER MAY ASSERT A CLAIM OF BUSINESS CONFIDENTIALITY COVERING PART OR ALL OF THAT INFORMATION BY FOLLOWING THE PROCEDURES SET FORTH IN § 2.203(b) of this chapter.  Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in part 2, Subpart B, of this chapter except that information required by § 262.53(a) and § 262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the U.S. Department of State and the appropriate authorities in the transit and receiving or importing countries regardless of any claims of confidentiality.  However, if no such claim accompanies the information when it is received by EPA, it may be made available to the public without further notice to the person submitting it.
260.2(B)
See Endnote 1.

           §260.2 not IBR in 9VAC20-60-260A per 9VAC20-60-260 B.10.
                                       
                                      N/A
AFTER August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 
§ 262.20(A)(3) of this chapter.
260.2(c)(1)
SEE ENDNOTE 1.

           §260.2 not IBR in 9VAC20-60-260A per 9VAC20-60-260 B.10.
                                       
                                      N/A
EPA WILL MAKE ANY ELECTRONIC MANIFEST THAT IS PREPARED AND USED IN ACCORDANCE WITH § 262.20(A)(3), or any paper manifest that is submitted to the system under §§ 264.71(a)(6) or 265.71(a)(6) of this chapter available to the public under this section when the electronic or paper manifest is a complete and final document.  Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.
260.2(C)(2)
See Endnotes 1 and 2*.

           §260.2 not IBR in 9VAC20-60-260A per 9VAC20-60-260 B.10.
                                       
                                      N/A
                           SUBPART B -- DEFINITIONS
DEFINITIONS
Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).
260.10
States cannot receive authorization to implement EPA's national e-Manifest system.  Therefore, States must not replace language referring to "EPA" with State terms.

                                 9VAC20-60-18.
                IBR in 9VAC20-60-260A (see 9VAC20-60-260 B 3).
                                       X



Electronic Manifest System (or e-Manifest System) means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
260.10   
States cannot receive authorization to implement EPA's national e-Manifest system.  Therefore, States must not replace language referring to "EPA" with State terms.

                                 9VAC20-60-18.
                IBR in 9VAC20-60-260A (see 9VAC20-60-260 B 3).
                                       X



Manifest means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic manifest, originated and signed in accordance with the applicable requirements of parts 262 through 265.
260.10
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-260A.
                                       X
                                       



User of the electronic manifest system means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that:
(1) Is required to use a manifest to comply with: 
(i) Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and
(2) Elects to use the system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system, or
(3) Elects to use the paper manifest form and submits to the system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with § 264.71(a)(2)(v) or § 265.71(a)(2)(v) of this chapter.  These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.
260.10
States cannot receive authorization to implement EPA's national e-Manifest system. Therefore, States must not replace language referring to "EPA" with State terms in provision (2) within this definition.  Also see Endnote 2.

                                 9VAC20-60-18.
                IBR in 9VAC20-60-260A (see 9VAC20-60-260 B 3).
                                       X



      PART 262  -  STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
                          SUBPART B  -  THE MANIFEST
Electronic manifest.  In lieu of using the manifest form specified in paragraph (a)(1) of this section, a person required to prepare a manifest under paragraph (a)(1) of this section may prepare and use an electronic manifest, provided that the person:
262.20(a)(3)
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Complies with the requirements in § 262.24 of this part for use of electronic manifests, and
262.20(a)(3)(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Complies with the requirements of 40 CFR § 3.10 for the reporting of electronic documents to EPA.
262.20(a)(3)(ii)
States must retain the citation to 40 CFR § 3.10.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
                                       X
                                       



USE OF THE ELECTRONIC MANIFEST
Use of the electronic manifest.
262.24
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with §262.20(a)(3), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.
262.24(a)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of § 262.25(a) of this Part.
262.24(a)(1)
States must retain the citation to 40 CFR 262.25(a), and cannot insert a citation to a state provision.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the system.
262.24(a)(2)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
                            *see 9VAC20-60-262 B 9.
                                       X
                                       



Any requirement in these regulations for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator's account on the national e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.
262.24(a)(3)
See Endnote 3.**

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
                           **see 9VAC20-60-262 B 7.
                                       X
                                       



No generator may be held liable for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.
262.24(a)(4)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
                            *see 9VAC20-60-262 B 9.
                                       X
                                       



A generator may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator's site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.
262.24(b)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
*see 9VAC20-60-262 B 9.
                                       X
                                       



Restriction on use of electronic manifests.  A generator may prepare an electronic manifest for the tracking of hazardous waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the electronic manifest system.
262.24(c)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
*see 9VAC20-60-262 B 9.
                                       X
                                       



Requirement for one printed copy.  To the extent the Hazardous Materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR § 177.817, a generator originating an electronic manifest must also provide the initial transporter with one printed copy of the electronic manifest.
262.24(d)
States must retain the citation to 49 CFR § 177.817.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in accordance with the manifest instructions in the appendix to this part, and use these paper forms from this point forward in accordance with the requirements of 40 CFR § 262.23.
262.24(e)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       
                            *see 9VAC20-60-262 B 9.
                                       X
                                       



Special procedures for electronic signature methods undergoing tests.  If a generator has prepared an electronic manifest for a hazardous waste shipment, and signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the generator shall also sign with an ink signature the generator/offeror certification on the printed copy of the manifest provided under paragraph (d) of this section.
262.24(f)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-262A.
                                       X
                                       



Imposition of user fee.  A generator who is a user of the electronic manifest may be assessed a user fee by EPA for the origination of each electronic manifest.  EPA shall maintain and update from time-to-time the current schedule of electronic manifest user fees, which shall be determined based on current and projected system costs and level of use of the electronic manifest system.  The current schedule of electronic manifest user fees shall be published as an appendix to this part.
262.24(g)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."  Also see Endnote 2.

                  §262.24(g) not IBR per 9VAC20-60-262 B 10.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.









N/A



ELECTRONIC MANIFEST SIGNATURES   (All 9VAC20-60-18 IBR in 9VAC20-60-262A - See Subdivision B.7)
Electronic manifest signatures.
262.25
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."
                                       X



Electronic signature methods for the e-Manifest system shall:
262.25(a)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."
                                       X



Be a legally valid and enforceable signature under applicable EPA and other Federal requirements pertaining to electronic signatures; and
262.25(a)(1)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."
                                       X



Be a method that is designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.
262.25(a)(2)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."
                                       X



     PART 263  -  STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
      SUBPART B -- COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
THE MANIFEST SYSTEM
Manifest requirement.  A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with requirements of 262.23.
263.20(a)(1)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X
                                       



Exports.  In the case of exports other than those subject to Subpart H of 40 CFR part 262, a transporter may not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed by the generator in accordance with this section, the transporter shall also be provided with an EPA Acknowledgment of Consent which, except for shipments by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)).  For exports of hazardous waste subject to the requirements of subpart H of 40 CFR part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by 40 CFR § 262.84.
263.20(a)(2)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."

                9VAC20-60-18. IBR in 9VAC2-60-263 A. 9VAC20-60-
                      263 B 3 retains the term "EPA."
                                       X



Compliance Date for Form Revisions.  The revised Manifest form and procedures in 40 CFR §§ 260.10, 261.7, 263.20, and 263.21, had an effective date of September 5, 2006.  The Manifest form and procedures in 40 CFR §§ 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, were applicable until September 5, 2006.
263.20(a)(3)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Use of electronic manifest -- legal equivalence to paper forms for participating transporters.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3) of part 262, and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, carry, provide, give, use, or retain a manifest.
263.20(a)(4)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Any requirement in these regulations to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of  40 C.F.R. § 262.25(a).
263.20(a)(4)(i)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the system.
263.20(a)(4)(ii)
See Endnote 2.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X




Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that to the extent that the Hazardous Materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR § 177.817, a hazardous waste transporter must carry one printed copy of the electronic manifest on the transport vehicle.
263.20(a)(4)(iii)
States must retain the citation to 49 CFR § 177.817.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X
                                       



Any requirement in these regulations for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter's account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.
263.20(a)(4)(iv)
See Endnotes 2 and 3.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X
                                       



No transporter may be held liable for the inability to produce an electronic manifest for inspection under this section if that transporter can demonstrate that the inability to produce the electronic manifest is exclusively due to a technical difficulty with the EPA system for which the transporter bears no responsibility.
263.20(a)(4)(v)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X
                                       



A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.
263.20(a)(5)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X
                                       



Special procedures when electronic manifest is not available.  If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then:
263.20(a)(6)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X
                                       



The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce sufficient copies of the printed manifest that is carried on the transport vehicle pursuant to paragraph (a)(4)(iii)(A) of this section, or obtain and complete another paper manifest for this purpose.  The transporter shall reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste.
263.20(a)(6)(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X
                                       



On each printed copy, the transporter shall include a notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system, shall include (if not pre-printed on the replacement manifest) the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.
263.20(a)(6)(ii)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       
                            *see 9VAC20-60-262 B 3.
                                       X
                                       



A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste must ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy.
263.20(a)(6)(iii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies shall be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.
263.20(a)(6)(iv)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Special procedures for electronic signature methods undergoing tests.  If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with paragraph (a)(4)(iii)(A) of this section.  This printed copy bearing the generator's and transporter's ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies.  After the owner/operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.
263.20(a)(7)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Imposition of user fee for electronic manifest use.  A transporter who is a user of the electronic manifest may be assessed a user fee by EPA for the origination or processing of each electronic manifest.  EPA shall maintain and update from time-to-time the current schedule of electronic manifest user fees, which shall be determined based on current and projected system costs and level of use of the electronic manifest system.  The current schedule of electronic manifest user fees shall be published as an appendix to Part 262 of this Chapter.
263.20(a)(8)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."  Also see Endnote 2.

§263(a)(8) not IBR per 9VAC20-60-263 B.4.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
N/A



Electronic Manifest Signatures.
263.25
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X




Electronic manifest signatures shall meet the criteria described in §262.25(a) of this Chapter
263.25(a)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-263A.
                                       X
                                       



PART 264  -  STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
          SUBPART E  -  MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
USE OF MANIFEST SYSTEM
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:
264.71(a)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Sign and date, by hand, each copy of the manifest;
264.71(a)(2)(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Note any discrepancies (as defined in § 264.72(a)) on each copy of the manifest;
264.71(a)(2)(ii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Immediately give the transporter at least one copy of the manifest;
264.71(a)(2)(iii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Within 30 days of delivery, send a copy (Page 3) of the manifest to the generator,
264.71(a)(2)(iv)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Within 30 days of delivery, send the top copy (Page 1) of the Manifest to the e-Manifest system for purposes of data entry and processing.  In lieu of mailing this paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest, or both a data string file and the image file corresponding to Page 1 of the manifest.  Any data or image files transmitted to EPA under this paragraph must be submitted in data file and image file formats that are acceptable to EPA and that are supported by EPA's electronic reporting requirements and by the electronic manifest system.
264.71(a)(2)(v)
States must retain the term "EPA" within this provision.  Also see Endnote 2.*

                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       
                           *see 9VAC20-60-264 B 32.
                                       X




Retain at the facility a copy of each manifest for at least three years from the date of delivery.
264.71(a)(2)(vi)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3), and used in accordance with this section in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.
264.71(f)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Any requirement in these regulations for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 40 C.F.R. 
§ 262.25(a).
264.71(f)(1)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X
                                       



Any requirement in these regulations to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.
264.71(f)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.
264.71(f)(3)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Any requirement in these regulations for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility's electronic manifest copies in its account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.
264.71(f)(4)
See Endnotes 2 and 3.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       
*see 9VAC20-60-264 B 32.
                                       X
                                       



No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility.
264.71(f)(5)
See Endnote 2.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       
                           *see 9VAC20-60-264 B 32.
                                       X
                                       



An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner's or operator's electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner's or operator's site by the transporter who delivers the waste shipment to the facility.
264.71(g)
See Endnote 2.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       
                           *see 9VAC20-60-264 B 32.
                                       X
                                       



Special procedures applicable to replacement manifests.  If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:
264.71(h)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Upon delivery of the hazardous waste to the designated facility, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest,
264.71(h)(1)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




The owner or operator of the facility must give back to the final transporter one copy of the paper replacement manifest,
264.71(h)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system, and
264.71(h)(3)
See Endnote 2.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       
                           *see 9VAC20-60-264 B 32.
                                       X
                                       



The owner or operator of the facility must retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.
264.71(h)(4)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Special procedures applicable to electronic signature methods undergoing tests.  If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter.  Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.
264.71(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Imposition of user fee for electronic manifest use.  An owner or operator who is a user of the electronic manifest format may be assessed a user fee by EPA for the origination or processing of each electronic manifest.  An owner or operator may also be assessed a user fee by EPA for the collection and processing of paper manifest copies that owners or operators must submit to the electronic manifest system operator under § 264.71(a)(2)(v) of this part. EPA shall maintain and update from time-to-time the current schedule of electronic manifest system user fees, which shall be determined based on current and projected system costs and level of use of the electronic manifest system.  The current schedule of electronic manifest user fees shall be published as an appendix to Part 262 of this Chapter.
264.71(j)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."  Also see Endnote 2.

DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
§DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
264.71(j) not IBR per 9VAC20-60-264 B 33.N/A



Electronic Manifest Signatures.  
264.71(k)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X




Electronic manifest signatures shall meet the criteria described in § 262.25(a) of this Chapter. 
264.71(k)(1)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-264A.
                                       X
                                       



PART 265  -  INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE, TREATMENT, STORAGE, AND DISPOSAL FACILITIES
          SUBPART E  -  MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator, or his agent must:
265.71(a)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Sign and date, by hand, each copy of the manifest;
265.71(a)(2)(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Note any discrepancies (as defined in § 265.72(a) on each copy of the manifest;
265.71(a)(2)(ii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Immediately give the transporter at least one copy of the manifest;
265.71(a)(2)(iii)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Within 30 days of delivery, send a copy (Page 3) of the manifest to the generator,
265.71(a)(2)(iv)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Within 30 days of delivery, send the top copy (Page 1) of the Manifest to the electronic manifest system for purposes of data entry and processing.  In lieu of mailing this paper copy to the electronic manifest system operator, the owner or operator may transmit to the system operator an image file of Page 1 of the manifest, or both a data string file and the image file corresponding to Page 1 of the manifest.  Any data or image files transmitted to EPA under this paragraph must be submitted in data file and image file formats that are acceptable to EPA and that are supported by EPA's electronic reporting requirements and by the electronic manifest system.
265.71(a)(2)(v)
States must retain the term "EPA" within this provision.  Also see Endnote 2.*
                                       
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       
                           *see 9VAC20-60-265 B 19.


                                       X
                                       



Retain at the facility a copy of each manifest for at least three years from the date of delivery.
265.71(a)(2)(vi)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Legal equivalence to paper manifests.  Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3), and used in accordance with this section in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign,  provide, use, or retain a manifest.
265.71(f)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Any requirement in these regulations for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of 40 C.F.R. 
§ 262.25(a).
265.71(f)(1)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X
                                       



Any requirement in these regulations to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person.
265.71(f)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Any requirement in these regulations for a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment.
265.71(f)(3)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Any requirement in these regulations for an owner or operator to keep or retain a copy of each manifest is satisfied by the retention of the facility's electronic manifest copies in its account on the e-Manifest system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector.
265.71(f)(4)
See Endnotes 2 and 3.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A. 
                                       
                           *see 9VAC20-60-265 B 19.

                                       
                                       
                                       
                                       X




No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this section if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the owner or operator bears no responsibility.
265.71(f)(5)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       
                           *see 9VAC20-60-265 B 19.

                                       
                                       X
                                       



An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner's or operator's electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner's or operator's site by the transporter who delivers the waste shipment to the facility.
265.71(g)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       
                           *see 9VAC20-60-265 B 19.

                                       
                                       X
                                       



Special procedures applicable to replacement manifests.  If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the following procedures apply to the delivery of the hazardous waste by the final transporter:
265.71(h)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Upon delivery of the hazardous waste to the designated facility, the owner or operator must sign and date each copy of the paper replacement manifest by hand in Item 20 (Designated Facility Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy Indication Space) of the paper replacement manifest,
265.71(h)(1)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




The owner or operator of the facility must give back to the final transporter one copy of the paper replacement manifest,
265.71(h)(2)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Within 30 days of delivery of the waste to the designated facility, the owner or operator of the facility must send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the electronic manifest system, and
265.71(h)(3)
See Endnote 2.*

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       
                           *see 9VAC20-60-265 B 19.

                                       
                                       X
                                       



The owner or operator of the facility must retain at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.
265.71(h)(4)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Special procedures applicable to electronic signature methods undergoing tests.  If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter.  Upon executing its ink signature on this printed copy, the owner or operator shall retain this original copy among its records for at least 3 years from the date of delivery of the waste.
265.71(i)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Imposition of user fee for electronic manifest use.  An owner or operator who is a user of the electronic manifest format may be assessed a user fee by EPA for the origination or processing of each electronic manifest.  An owner or operator may also be assessed a user fee by EPA for the collection and processing of paper manifest copies that owners or operators must submit to the electronic manifest system operator under § 265.71(a)(2)(v) of this part. EPA shall maintain and update from time-to-time the current schedule of electronic manifest system user fees, which shall be determined based on current and projected system costs and level of use of the electronic manifest system.  The current schedule of electronic manifest user fees shall be published as an appendix to Part 262 of this Chapter.
265.71(j)
States cannot receive authorization for this provision, but should adopt it while retaining the term "EPA."  Also see Endnote 2.

                  §265.71(j) not IBR per 9VAC20-60-265 B 20.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
DID NOT ADOPT

Annual Update 2014 did not incorporate the subdivisions of the e-Manifest Rule which impose a possible fee that may be collected by EPA for use of the manifest system. EPA has indicated that they will promulgate a subsequent rule which will provide the user fee schedule and compliance date for use of the e-manifest system which is still in development. Therefore, this regulatory action did not include the provisions for imposition of a user fee by EPA.
N/A



Electronic Manifest Signatures.  
265.71(k)
                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X




Electronic manifest signatures shall meet the criteria described in § 262.25(a) of this Chapter.
265.71(k)(1)
States must retain the citation to 40 C.F.R. 262.25(a), and cannot insert a citation to a state provision.

                                 9VAC20-60-18.
                            IBR in 9VAC20-60-265A.
                                       X
                                       




Endnotes:

1	40 CFR 260.2 is not required for authorization; therefore, States do not have to include 40 CFR 260.2 in 	their adoption of the Federal regulations by reference.  The requirements for Availability of Information 	are found on the "Availability of Information" checklist for RCRA section 3006(f), but 40 CFR 260.2 	is not included on that checklist.

2.	Within this provision, the reference to "system" means the EPA national electronic manifest system.  	See the definition in 40 C.F.R. 260.10.

3.	States should retain the term "EPA" within this provision and may change "state" to the name of the 	state.
