Handlers of hazardous waste have expressed to USEPA their concern with the customer interaction required to obtain the generator’s signature on the uniform hazardous waste manifest and requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern May 18, 2020 with a memorandum explaining a temporary policy to allow for transporter signature for the generator on the Manifest. This temporary policy was set to expire on August 31, 2020. However, on August 20, 2020 USEPA released another memorandum updating and revising this policy in light of some states experiencing an increase in COVID-19 cases following efforts to reopen.
The purpose of this article is to explain USEPA’s new temporary policy for obtaining the necessary signatures on the uniform hazardous waste manifest during the COVID-19 public health emergency as it was updated and revised by the USEPA memorandum of August 20, 2020.
Before we begin…
- The temporary policy issued May 18, 2020 expired August 31, 2020.
- This temporary policy contains three changes from the temporary policy issued May 18, 2020. These will be identified and explained below.
- The USEPA already allows transporters to sign the uniform hazardous waste manifest in lieu of the generator as an offeror of the shipment, if the transporter can certify compliance with all applicable pre-transportation requirements at the time the hazardous waste is staged for loading, and the hazardous waste has been properly packaged, marked and labeled, and is in proper condition for transportation (70 FR 10793).
- On April 10, 2020 USDOT/PHMSA released a similar notice describing existing options to obtain the necessary signatures on a hazardous materials shipping paper while maintaining social distancing. Note: a uniform hazardous waste manifest is a type of hazardous materials shipping paper.
- If you’re interested, read my earlier article on the original temporary policy of USEPA: Signing the Hazardous Waste Manifest During COVID-19 Pandemic
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Scope and Applicability:
- This temporary policy applies only to generator signatures required on the uniform hazardous waste manifest, EPA form 8700-22/22A, as applicable by either Federal law or federally authorized RCRA requirements.
- As noted in “Before we begin…”, transporters are already allowed to the sign the Manifest if they are able to certify compliance. This temporary policy applies only when the transporter requires the generator’s signature on the Manifest but cannot certify compliance with the applicable pre-transportation requirements.
- The original policy (issued May 18, 2020) supplemented and incorporated by reference the Temporary COVID-19 Enforcement Policy issued March 26, 2020. However, that policy terminated on August 31, 2020.
- The conditions of this policy are in effect until November 30, 2020. If terminated prior to that date, USEPA will post a notification here at least seven (7) days prior to its termination.
What Does the new Temporary Policy Allow?
The temporary policy describes two options. The first is already in existence. The second is new and requires compliance with certain conditions.
Option 1:
The eManifest (active since June 30, 2018) may be used if obtaining a generator signature on a paper Manifest is not reasonably practicable. Refer here to register for and use the eManifest System.
Option 2:
If the eManifest is not practicable, the following steps should be taken using the paper uniform hazardous waste manifest:
- The initial transporter (Transporter 1) should write the name of the hazardous waste generator in Box 15. The memorandum does not specify where exactly in Box 15 the generator name should be entered, but given later direction I presume it to be under the heading of “Generator’s/Offeror’s Printed/Typed Name”
- Under the heading of “Signature” in Box 15 the initial transporter should write the following: “COVID-19 signature substitute” or “COVID-19 sig. sub.”
Or…
- The memorandum does not indicate any information be included in Box 15 for Month/Day/Year. Based on its later direction I presume this should be left blank.
- The generator should provide a signature substitute in the form of one of the following sent to the transporter and designated facility:
- Cell phone text message
- Hard copy letter
- Example language for signature substitute:
I authorize my signature for Box 15 of the Uniform Hazardous Waste Manifest, EPA form 8700-22/22A, for Generator/Offeror’s Certification for all hazardous waste shipments with [transporter company name] as transporter and [designated facility company name] as designated facility during the time of EPA’s policies regarding signature of hazardous waste manifests during the COVID-19 public health emergency.”
- The generator should use one document or transmittal of the signature substitute to cover all manifested hazardous waste transportation per transporter / designated facility throughout the duration of this Policy.
- The initial transporter or designated facility should write the following in Box 14: “Documentation for generator signature substitute available upon request.”
- All parties (generator, transporter, and designated facility) should maintain copies of all documents (e.g., manifest, signature substitute) as a record of compliance for at least three (3) years from the date of the last shipment that requires a signature substitute.
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What Changed From the Earlier Policy?
The temporary policy of this memorandum contains three changes from the Temporary COVID-19 Manifest Signature Policy of May 18, 2020:
- Shortening the phrase transporters or designated facilities should write in Box 15, for generator signature, to address space limitations on the Manifest.
- Changing the reference to the EPA policies about signatures on Manifests during the COVID-19 public health emergency in the generator’s signature substitute.
- Removing language referencing the Temporary COVID-19 Enforcement Policy regarding how generators and transporters should maintain documentation.
Conclusion:
For the duration of this policy USEPA will exercise an enforcement discretion on a case-by-case basis to allow for non-compliance with the requirement to obtain the Generator / Offeror’s signature on the Manifest. USEPA will consider the practices described in this article to be appropriate behavior if unable to obtain a signature on a paper Manifest.