Sooner or later most generators of hazardous waste must prepare that waste, and offer it, for transportation to an off-site treatment, storage, and disposal facility (TSDF) for final disposal. The off-site transportation of the hazardous waste must be done in compliance with Federal regulations of the U.S. Environmental Protection Agency (USEPA), a state environmental agency if the state has an authorized hazardous waste program, and the Federal regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At a minimum this will require the completion of the Uniform Hazardous Waste Manifest (the Manifest), which must be completed by the generator of the hazardous waste, and signed by both the generator / offeror of the hazardous waste and the initial transporter before it can begin transportation to the designated facility.

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Handlers of hazardous waste have expressed concern with customer interaction to obtain the generator’s signature on the Manifest and have 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 with a memorandum issued May 18, 2020 explaining a temporary policy.

The purpose of this article is to explain USEPA’s temporary policy of May 18, 2020 for obtaining the necessary signatures on the Uniform Hazardous Waste Manifest during the COVID-19 public health emergency.

Before we begin…

• 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.

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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.
• This policy supplements and incorporates by reference the Temporary COVID-19 Enforcement Policy issued March 26, 2020.
• The conditions of this policy apply retroactively beginning on March 13, 2020. USEPA has not yet specified a termination date. USEPA will post a notification here at least seven (7) days prior to the termination of this temporary policy.

What Does the Policy Allow?

The temporary policy describes two options. The first is already in existence. The second is new and requires compliance with certain conditions.

• 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.
• If the eManifest is not practicable, the following steps should be taken using the paper Uniform Hazardous Waste Manifest:
  • The initial transporter (Transporter 1) writes the name of the hazardous waste generator in item 15. The USEPA memorandum does not specify where exactly in item 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 item 15 the initial transporter writes the following: “Generator using signature substitute due to COVID-19”

 

 

 

• • Indicating the date of signature in item 15 is not described by the memorandum. Based on later direction I presume this should be left blank.
  • The initial transporter or designated facility writes the following in item 14: “Documentation for generator signature substitute available upon request.”

• • All parties (generator, transporter, and designated facility) should maintain copies of all documents as a record of compliance.

What is the Generator’s Signature Substitute?

• The generator’s signature substitute authorizes the generator’s signature in item 15 of the Manifest.
• The generator of the hazardous waste must provide a signature substitute to the initial transporter and designated facility.
• The generator’s signature substitute must be one of the following:
  • Cell phone text message.
  • email
  • Hardcopy letter.
• Example language: “I authorize my signature for item 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 policy entitled COVID-19 Implications for Signing Paper Hazardous Waste Manifests.“
• The generator will use one document / transmittal to cover all manifest activities with the transporter / designated facility combination throughout the duration of the temporary policy.

Contact me the next time hazardous waste generator USEPA training is due to expire.

Conclusion:

This temporary USEPA policy provides two options for signing the uniform hazardous waste manifest while maintaining social distancing during the COVID-19 public health emergency. When the temporary policy is terminated, we can all go back to signing the manifest as we did prior to the pandemic. Or maybe not. You might find you appreciate the convenience of the eManifest System and may continue its use. Whatever you choose, remember to contact me for any questions you have regarding the generation, management, and transportation of hazardous waste.

More Information:

• The regulations of the e-Manifest System
• FAQ: May I continue to use paper manifests after the launch of the e-Manifest System?
• History of the e-Manifest System