DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest Regulations.

(Adopted by the Solid and Hazardous Waste Commission on February 19, 2019)

1) Revise the Table of Contents for Part 260 by adding listings for Sections 260.4 and 260.5 to read as follows:  

PART 260   HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL

	Subpart A   General 
Sec.
260.1	Purpose, scope applicability, and effective date. 
260.2	Incorporation by Reference.
260.3	Use of number and gender.
260.4	Manifest copy submission requirements for certain interstate waste shipments.
260.5	Applicability of electronic manifest system and user fee requirements to facilities receiving 		state-only regulated waste shipments.  

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2) Revise Part 260 by adding Section 260.4 to read as follows:  

§ 260.4   Manifest copy submission requirements for certain interstate waste shipments.

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR part 264.  40 CFR part 264 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

3) Revise Part 260 by adding Section 260.5 to read as follows:  

§ 260.5   Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR part 264.

4) Revise the Table of Contents for Part 262 by removing and reserving the listing for the Appendix to Part 262 as follows:  

PART 262   STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

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APPENDIX TO PART 262 -  RESERVED

5) Revise paragraphs (a)(1) and (a)(2) of Section 262.20 to read as follows:

Subpart B   Manifest Requirements Applicable to Small and Large Quantity Generators 

§ 262.20 General requirements.

(a)(1) A generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA form 8700-22 and, if necessary, EPA form 8700-22A. 

(2) The revised manifest form and procedures in §§ 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, and 262.60, shall not apply until September 5, 2006.  The manifest form and procedures contained in §§ 260.10, 261.7, 262.20, 262.21, 262.32, 262.34, 262.54, and 262.60, of these regulations at the time of the May 2006 rulemaking hearing shall be applicable until September 5, 2006.

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6) Revise paragraphs (f)(5), (f)(6) and (f)(7) of Section 262.21 and add paragraph (f)(8) to read as follows:

§ 262.21  Manifest tracking numbers, manifest printing, and obtaining manifests.

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(f) Paper manifests and continuation sheets must be printed according to the following specifications:

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(5) The manifest and continuation sheet must be printed as five-copy forms. Copy-to-copy registration must be exact within 1/32nd of an inch. Handwritten and typed impressions on the form must be legible on all five copies. Copies must be bound together by one or more common stubs that reasonably ensure that they will not become detached inadvertently during normal use.

(6) Each copy of the manifest and continuation sheet must indicate how the copy must be distributed, as follows:

(i) Page 1 (top copy): “Designated facility to EPA’s e-Manifest system”.

(ii) Page 2: “Designated facility to generator”.

(iii) Page 3: “Designated facility copy”.

(iv) Page 4: “Transporter copy”; and

(v) Page 5 (bottom copy): “Generator’s initial copy”.

(7) The instructions for the manifest form (EPA Form 8700-22) and the manifest continuation sheet (EPA Form 8700-22A) shall be printed in accordance with the content that is currently approved under OMB Control Number 2050-0039 and published to the e-Manifest program's website. The instructions must appear legibly on the back of the copies of the manifest and continuation sheet as provided in this paragraph (f). The instructions must not be visible through the front of the copies when photocopied or faxed.

(i) Manifest Form 8700-22.

(A) The “Instructions for Generators” on Copy 5;

(B) The “Instructions for International Shipment Block” and “Instructions for Transporters'' on Copy 4; and

(C) The “Instructions for Treatment, Storage, and Disposal Facilities” on Copy 3.

  (ii) Manifest Form 8700-22A.

(A) The “Instructions for Generators” on Copy 5;

(B) The “Instructions for Transporters” on Copy 4; and

(C) The “Instructions for Treatment, Storage, and Disposal Facilities” on Copy 3.

(8) The designated facility copy of each manifest and continuation sheet must include in the bottom margin the following warning in prominent font: “If you received this manifest, you have responsibilities under the e-Manifest Act. See instructions on reverse side.”

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7) Revise paragraphs (c) and (e) of Section 262.24; remove and reserve paragraph (g); and add paragraph (h) to read as follows:

§ 262.24  Use of the electronic manifest.

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(c) Restriction on use of electronic manifests. A generator may use 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 use of the electronic manifest, except that:

(1) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.

(2) [Reserved]

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(e) Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the national 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, and use these paper forms from this point forward in accordance with the requirements of § 262.23.

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(g) Reserved.

(h) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Generators may participate electronically in the post-receipt data corrections process by following the process described in §264.71(l) of these regulations, which applies to corrections made to either paper or electronic manifest records.

8)  Revise the Appendix to Part 262 by removing the Uniform Hazardous Waste Manifest and Instructions in their entirety and reserving the Appendix to Part 262 to read as follows:  

Appendix to Part 262 --  RESERVED

9) Revise Section 263.20 by removing and reserving paragraph (a)(8) and adding paragraph (a)(9) to read as follows:  

§ 263.20 The manifest system. 

(a)(1) Manifest requirements. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the provisions of § 262.23. 

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(8) Reserved. 

(9) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Transporters may participate electronically in the post-receipt data corrections process by following the process described in §264.71(l) of these regulations, which applies to corrections made to either paper or electronic manifest records.

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10) Revise Section 263.21 to read as follows:  

§ 263.21 Compliance with the manifest. 

(a) Except as provided in paragraph (b) of this section, the transporter must deliver the entire quantity of hazardous waste which he/she has accepted from a generator or a transporter to: 

	(1) The designated facility listed on the manifest; or 

	(2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or 

	(3) The next designated transporter; or 

	(4) The place outside the United States designated by the generator. 

(b)(1) Emergency condition. If the hazardous waste cannot be delivered in accordance with paragraph (a)(1), (2), or (4) of this section because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(2) Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make such revisions if:

(i) The hazardous waste is not delivered in accordance with paragraph (a)(3) of this section because of an emergency condition; or

(ii) The current transporter proposes to change the transporter(s) designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety; and

(iii) The generator authorizes the revision.

(3) Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with paragraph (a)(3) of this section, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, provided that:

(i) The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator;

(ii) The transporter enters in Item 14 of each manifest for which such a change is made, the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf;” and

(iii) The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

(4) Generator liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under paragraph (b)(3) of this section does not affect the generator's liability or responsibility for complying with any applicable requirement under this chapter, or grant any additional authority to the transporter to act on behalf of the generator.

(c) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:
 
(1) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with § 263.22 of these regulations, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in § 264.72(e)(1) through (6) or (f)(1) through (6) of these regulations or § 265.72(e)(1) through (6) or (f)(1) through (6) of these regulations.

(2) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with § 263.22 of these regulations, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with § 264.72(e)(1) through (6) of these regulations or § 265.72(e)(1) through (6) of these regulations.

11) Revise paragraphs (a)(2) and (j) of Section 264.71, and add paragraph (l) to read as follows:  

§ 264.71 Use of manifest system.

(a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

(2) If the facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must:

(i) Sign and date each copy of the manifest;

(ii) Note any discrepancies (as defined in § 264.72(a)) on each copy of the manifest;

(iii) Immediately give the transporter at least one copy of the manifest;

(iv) Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;  

(v) Paper manifest submission requirements are:

(A) Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website's directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.

(B) Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website's directory of services; and

(vi) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

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(j) Imposition of user fee for electronic manifest use.

(1) As prescribed in 40 CFR § 264.1311, and determined in 40 CFR § 264.1312, an owner or operator who is a user of the national electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR § 264.1313. 40 CFR part 264 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

(2) An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of 40 CFR § 264.1314, subject to the informal fee dispute resolution process of 40 CFR § 264.1316, and subject to the sanctions for delinquent payments under 40 CFR § 264.1315.

(k) Electronic manifest signatures. Electronic manifest signatures shall meet the criteria described in 40 CFR § 262.25.

(l) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.

(1) Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.

(2) Each correction submission must include the following information:

(i) The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;

(ii) The item number(s) of the original manifest that is the subject of the submitted correction(s); and

(iii) For each item number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.

(3) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his/her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete:

(i) The certification statement must be executed with a valid electronic signature; and

(ii) A batch upload of data corrections may be submitted under one certification statement.

(4) Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter's corrections.

(5) Other interested persons shown on the manifest may respond to the submitter's corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.

12) Revise paragraphs (c)(4)(i) and (d)(4)(i) of Section 264.1086 to read as follows:  

§ 264.1086  Standards: Containers.

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(c) Container Level 1 standards.

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(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position.  The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under Subpart E of this part, at § 264.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.

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(d) Container Level 2 standards.

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(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under Subpart E of this part, at § 264.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.

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13) Revise paragraphs (a)(1), (a)(2) and (j) of Section 265.71, and add paragraph (l) to read as follows:  

§ 265.71 Use of manifest system. 

(a)(1) If the facility receives hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.

(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must:

(i) Sign and date, by hand, each copy of the manifest; 

(ii) Note any discrepancies (as defined in § 265.72(a)) on each copy of the manifest; 

(iii) Immediately give the transporter at least one copy of the manifest; 

(iv) Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator;  

(v) Paper manifest submission requirements are:

(A) Options for compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing, or in lieu of submitting the paper copy to EPA, the owner or operator may transmit to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or both a data file and image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made at the mailing address or electronic mail/submission address specified at the e-Manifest program website's directory of services. Beginning on June 30, 2021, EPA will not accept mailed paper manifests from facilities for processing in e-Manifest.

(B) Options for compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top copy (Page1) of the paper manifest and any paper continuation sheet to the e-Manifest system for purposes of data entry and processing may be met by the owner or operator only by transmitting to the EPA system an image file of Page 1 of the manifest and any continuation sheet, or by transmitting to the EPA system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery. Submissions of copies to the e-Manifest system shall be made to the electronic mail/submission address specified at the e-Manifest program website's directory of services; and

(vi) Retain at the facility a copy of each manifest for at least three years from the date of delivery. 

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(j) Imposition of user fee for electronic manifest use.

(1) As prescribed in 40 CFR § 265.1311, and determined in 40 CFR § 265.1312, an owner or operator who is a user of the national electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR § 265.1313. 40 CFR part 265 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

(2) An owner or operator subject to user fees under this section shall make user fee payments in accordance with the requirements of 40 CFR § 265.1314, subject to the informal fee dispute resolution process of 40 CFR § 265.1316, and subject to the sanctions for delinquent payments under 40 CFR § 265.1315.

(k) Electronic manifest signatures. (1) Electronic manifest signatures shall meet the criteria described in 40 CFR § 262.25.

(l) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) shown on the manifest.

(1) Interested persons must make all corrections to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for such corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.

(2) Each correction submission must include the following information:

(i) The Manifest Tracking Number and date of receipt by the facility of the original manifest(s) for which data are being corrected;

(ii) The Item Number(s) of the original manifest that is the subject of the submitted correction(s); and

(iii) For each Item Number with corrected data, the data previously entered and the corresponding data as corrected by the correction submission.

(3) Each correction submission shall include a statement that the person submitting the corrections certifies that to the best of his/her knowledge or belief, the corrections that are included in the submission will cause the information reported about the previously received hazardous wastes to be true, accurate, and complete.

(i) The certification statement must be executed with a valid electronic signature; and

(ii) A batch upload of data corrections may be submitted under one certification statement.

(4) Upon receipt by the system of any correction submission, other interested persons shown on the manifest will be provided electronic notice of the submitter's corrections.

(5) Other interested persons shown on the manifest may respond to the submitter's corrections with comments to the submitter, or by submitting another correction to the system, certified by the respondent as specified in paragraph (l)(3) of this section, and with notice of the corrections to other interested persons shown on the manifest.

14) Revise paragraphs (c)(4)(i) and (d)(4)(i) of Section 265.1087 to read as follows:  

§ 265.1087  Standards:  Containers.

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(c) Container Level 1 standards.

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(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container  and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position.  The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i;e;, the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at § 265.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.

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(d) Container Level 2 standards.

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(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position.  The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i;e;, the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at § 265.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.

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15) Add Section 8.93 (Statement of Basis for the Rulemaking Hearing of February 19, 2019) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2019

8.93	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 262, 263, 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.

User Fees for the Electronic Hazardous Waste Manifest System and Amendments to the Manifest Regulations

These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to the Environmental Protection Agency (EPA) Hazardous Waste Electronic Manifest User Fee rule published in the Federal Register on January 3, 2018 {83 FR 420-462}, and which became effective on June 30, 2018. 

The January 3, 2018 federal rule established the methodology the EPA will use to determine and revise the user fees applicable to the electronic and paper manifests to be submitted to the
national electronic manifest system (e-Manifest system) that EPA developed under the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195.  That Act directed EPA to establish a national electronic manifest system (or e-Manifest system) and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system.
  
EPA’s Hazardous Waste Electronic Manifest rule was published in the Federal Register on February 7, 2014 {79 FR 7518-7563}.  Corresponding amendments to the Colorado Hazardous Waste Regulations were adopted by the Colorado Solid and Hazardous Waste Commission on October 17, 2017, and became effective on November 30, 2017.

EPA began operation of its e-Manifest system on June 30, 2018. The goal of the e-Manifest system is to transition away from the use of paper manifests and move to a fully electronic process for tracking hazardous waste shipments.  Establishment of an electronic tracking system for hazardous waste shipments will allow tracking to be conducted in a more cost-effective manner, and result in reduced paperwork and processing burdens to the regulated community, as well as to the regulators.  The e-Manifest system should also provide more timely access to manifest data and shipment information, and improve data quality shared among users, regulators, and their data management systems.

As a state with an authorized RCRA program under 40 CFR Part 271, Colorado is required to revise its state program in order to be equivalent to, consistent with, and no less stringent than the requirements of the federal e-Manifest User Fee rule.  

Many of the regulatory provisions promulgated in the federal e-Manifest User Fee rule were issued under the authority of the e-Manifest Act, and can only be administered and enforced by the EPA. Colorado is required to adopt these provisions in order to maintain manifest program consistency.  

Two sets of provisions in the federal that can only be administered by the EPA include the following:

	1) Manifest printing specifications of § 262.21(f)(5), (6), and(7). These provisions describe the revised printing specification for the five-copy paper manifest and continuation sheet paper forms, the revised copy distribution requirements to be printed on each copy of the form, and the revised specification for printing the appropriate manifest instructions on the back of the form copies. These printing specifications apply to registered manifest printers and are administered solely by EPA, and 

2) Fee methodology and related fee implementation provisions of subpart FF of 40 CFR Parts 264 & 265. The user fee provisions of subpart FF describe the methods and processes that EPA will use in setting fees to recover its program costs, and in administering and enforcing the user fee requirements. Although Colorado cannot receive authorization to administer or enforce EPA’s e-Manifest system, Colorado is adopting the required state analog to 40 CFR § 264.71(j) and § 265.71(j) to reference the federal subpart FF provisions. This is necessary to ensure that members of the regulated community are on notice of their responsibilities to submit their final manifest copies to the system and to pay user fees to EPA for the processing of their manifests.

Additional provisions being adopted as part of this rulemaking include the following amendments:

                      Regulation	                                  
Subject	
§ 260.4	Copy submission requirements for interstate shipments.	
§ 260.5	Applicability of e-Manifest system and fees to facilities receiving state-only regulated wastes.	
§ 262.20(a)(1) and (a)(2)	Removal of references to the Appendix to Part 262	
§ 262.24(c)(1)	Use of mixed paper/electronic manifests.	
§ 262.24(e)	Removal of references to the Appendix to Part 262	
§ 262.24(g)	Removal of paragraph regarding imposition of user fees for electronic manifest use.	
§ 262.24(h)	Generators and post-receipt data corrections.	
Appendix to Part 262	Removal of the manifest form and instructions in the Appendix to Part 262	
§ 263.20(a)(8)	Removal of paragraph regarding imposition of user fees for electronic manifest use for Transporters. 	
§ 263.20(a)(9)	Transporters and post-receipt data corrections.	
§ 263.21(b)	En route changes to transporters	
§ 264.71(a)(2)(v) and § 265.71.(a)(2)(v)	Receiving facilities’ required paper manifest submissions to system.	
§ 264.71(j) and § 265.71(j)	Imposition of user fees on receiving facilities for their manifest submissions.	
§ 264.71(l) and § 265.71(l)	Receiving facilities and post-receipt data corrections.	
§ 264.1086(c)(4)(i) and (d)(4)(i) and 
§ 265.1087(c)(4)(i) and (d)(4)(i)	
Removal of references to the Appendix to Part 262	

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 83 FR 420-462, January 3, 2018.