DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendment of Manifest Regulations

1) Section 262.23 of Part 262 is amended by adding paragraph (f) to read as follows: 

§ 262.23 Use of the manifest.

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(f) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of § 264.72(f) or § 265.72(f)), the generator must:

(1) Sign either:

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

(ii) Item 18c of the original manifest if the original manifest is used for the returned shipment;
    
(2) Provide the transporter a copy of the manifest;

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

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

2) Section 262.42 of Part 262 is amended by adding paragraph (d) to read as follows: 

§ 262.42 Exception reporting. 

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(d) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of § 264.72(e)(1) through (6) or § 265.72(e)(1) through (6) of these regulations), the generator must comply with the requirements of paragraph (a) or (b) of this section, as applicable, for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of paragraph (a) or (b) of this section for a shipment forwarding such waste to an alternate facility by a designated facility:

(1) The copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility, and

(2) The 35/45/60-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

3) Section 264.72 of Part 264 is amended by revising paragraphs (e)(6), (f)(1) and (f)(7), and adding paragraph (f)(8) to read as follows: 

§ 264.72 Manifest discrepancies.

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(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

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(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.

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(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility’s generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility’s generator's site address, then write the facility’s generator's site address in the designated space for Item 5 of the new manifest.

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(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) and (8) of this section.

(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility must also comply with the exception reporting requirements in § 262.42(a).

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4) Section 265.72 of Part 265 is amended by revising paragraphs (e)(6), (f)(1) and (f)(7), and adding paragraph (f)(8) to read as follows: 

§ 265.72 Manifest discrepancies. 

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(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

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(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.

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(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:

(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility’s generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility’s generator's site address, then write the facility’s generator's site address in the designated space for Item 5 of the new manifest.

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(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) and (8) of this section.

(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility must also comply with the exception reporting requirements in § 262.42(a).

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5) Section 8.77 {Statement of Basis and Purpose for the Rulemaking Hearing of August 16, 2011} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of August 16, 2011
8.77 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Parts 262, 264 and 265 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
 Amendment of Manifest Regulations 
These amendments correct certain omissions and an error in the manifest regulations adopted by the Solid and Hazardous Waste Commission on May 16, 2006.  

On May 16, 2006, the Commission adopted state analogs to the federal manifest rule that was published in the Federal Register on March 4, 2005 {70 FR 10776}.  The March 2005 manifest rule (manifest rule) inadvertently omitted certain requirements that were intended for inclusion, and that relate to the use of a manifest in shipments of rejected hazardous wastes or non-empty containers containing regulated residues (“container residues”). In addition, the manifest rule contained an error regarding a designated facility's preparation of a new manifest in certain returned shipment situations. 

On March 18, 2010, the Environmental Protection Agency published a final rule in the Federal Register {75 FR 12989-13009} to correct these and other additional omissions and errors that exist in the federal regulations.  Today’s amendments adopt state analogs to these March 2010 federal provisions.

The amendments being adopted at this time include the following:

1) Addition of § 262.23(f) – The generator must sign and date the manifest accompanying the returned shipment of rejected hazardous wastes or container residues, provide the transporter with a copy of the manifest, and retain a copy of the manifest for three years.

2) Addition of § 262.42(d) – The generator must comply with the Exception reporting requirements of § 262.42(a) or (b) when a designated facility forwards its hazardous waste or container residues to an alternate facility under a new manifest.

3) Revision of § 264.72(e)(6) and § 265.72(e)(6) – The designated facility must mail to the generator a signed copy of the new manifest included with the shipments of rejected loads or container residues that are re-shipped to an alternate facility by the designated facility under a new manifest. 

4) Revision of § 264.72(f)(1) and § 265.72(f)(1) – The designated facility must enter its own information (instead of the generator's information) in Item 5 of the new manifest form when it originates the shipments of rejected hazardous waste or container residues. 

5) Revision of § 264.72(f)(7) and § 265.72(f)(7) – A designated facility using the original manifest need not comply with new paragraph (8).

6) Addition of § 264.72(f)(8) and § 265.72(f)(8) – The designated facility using a new manifest to return a full load or partial load of rejected hazardous wastes, or container residues, to the generator must comply with the exception reporting provisions of § 262.42(a). 

As an authorized state, Colorado is required to adopt the revisions to § 262.23 in accordance with the consistency requirements in 40 CFR § 271.4(c).  The remaining amendments are considered to be neither more or less stringent than the current standards, and Colorado is not required to modify its regulations to adopt these technical corrections.  

This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 75 FR 12989-13009, March 18, 2010.