[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.21]

[Page 209-212]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of 
 
                         Subpart B_The Manifest
 
Sec. 262.21  Manifest tracking numbers, manifest printing, and obtaining 

manifests.

    (a)(1) A registrant may not print, or have printed, the manifest for 
use or distribution unless it has received approval from the EPA 
Director of the Office of Solid Waste to do so under paragraphs (c) and 
(e) of this section.
    (2) The approved registrant is responsible for ensuring that the 
organizations identified in its application are in compliance with the 
procedures of its approved application and the requirements of this 
section. The registrant is responsible for assigning manifest tracking 
numbers to its manifests.
    (b) A registrant must submit an initial application to the EPA 
Director of the Office of Solid Waste that contains the following 
information:
    (1) Name and mailing address of registrant;
    (2) Name, telephone number and email address of contact person;
    (3) Brief description of registrant's government or business 
activity;
    (4) EPA identification number of the registrant, if applicable;
    (5) Description of the scope of the operations that the registrant 
plans to undertake in printing, distributing, and using its manifests, 
including:
    (i) A description of the printing operation. The description should 
include an explanation of whether the registrant intends to print its 
manifests in-house (i.e., using its own printing establishments) or 
through a separate (i.e., unaffiliated) printing company. If the 
registrant intends to use a separate printing company to print the 
manifest on its behalf, the application must identify this printing 
company and discuss how the registrant will oversee the company. If this 
includes the use of intermediaries (e.g., prime and subcontractor 
relationships), the role of each must be discussed. The application must 
provide the name and mailing address of each company. It also must 
provide the name and telephone number of the contact person at each 
company.
    (ii) A description of how the registrant will ensure that its 
organization and unaffiliated companies, if any, comply with the 
requirements of this section. The application must discuss how the 
registrant will ensure that a unique manifest tracking number will be 
pre-printed on each manifest. The application must describe the internal 
control procedures to be followed by the registrant and unaffiliated 
companies to ensure that numbers are tightly controlled and remain 
unique. In particular, the application must describe how the registrant 
will assign manifest tracking numbers to its manifests. If computer 
systems or other infrastructure will be used to maintain, track, or 
assign numbers, these should be indicated. The application must also 
indicate how the printer will pre-print a unique number on each form 
(e.g., crash or press numbering). The application also must explain the 
other quality procedures to be followed by each establishment and 
printing company to ensure that all required print specifications are 
consistently achieved and that printing violations are identified and 
corrected at the earliest practicable time.
    (iii) An indication of whether the registrant intends to use the 
manifests for its own business operations or to distribute the manifests 
to a separate company or to the general public (e.g., for purchase).
    (6) A brief description of the qualifications of the company that 
will print the manifest. The registrant may use readily available 
information to do so (e.g., corporate brochures, product samples, 
customer references, documentation of ISO certification), so long as 
such information pertains to the establishments or company being 
proposed to print the manifest.
    (7) Proposed unique three-letter manifest tracking number suffix. If 
the registrant is approved to print the manifest, the registrant must 
use this

[[Page 210]]

suffix to pre-print a unique manifest tracking number on each manifest.
    (8) A signed certification by a duly authorized employee of the 
registrant that the organizations and companies in its application will 
comply with the procedures of its approved application and the 
requirements of this Section and that it will notify the EPA Director of 
the Office of Solid Waste of any duplicated manifest tracking numbers on 
manifests that have been used or distributed to other parties as soon as 
this becomes known.
    (c) EPA will review the application submitted under paragraph (b) of 
this section and either approve it or request additional information or 
modification before approving it.
    (d)(1) Upon EPA approval of the application under paragraph (c) of 
this section, EPA will provide the registrant an electronic file of the 
manifest, continuation sheet, and manifest instructions and ask the 
registrant to submit three fully assembled manifests and continuation 
sheet samples, except as noted in paragraph (d)(3) of this section. The 
registrant's samples must meet all of the specifications in paragraph 
(f) of this section and be printed by the company that will print the 
manifest as identified in the application approved under paragraph (c) 
of this section.
    (2) The registrant must submit a description of the manifest samples 
as follows:
    (i) Paper type (i.e., manufacturer and grade of the manifest paper);
    (ii) Paper weight of each copy;
    (iii) Ink color of the manifest's instructions. If screening of the 
ink was used, the registrant must indicate the extent of the screening; 
and
    (iv) Method of binding the copies.
    (3) The registrant need not submit samples of the continuation sheet 
if it will print its continuation sheet using the same paper type, paper 
weight of each copy, ink color of the instructions, and binding method 
as its manifest form samples.
    (e) EPA will evaluate the forms and either approve the registrant to 
print them as proposed or request additional information or modification 
to them before approval. EPA will notify the registrant of its decision 
by mail. The registrant cannot use or distribute its forms until EPA 
approves them. An approved registrant must print the manifest and 
continuation sheet according to its application approved under paragraph 
(c) of this section and the manifest specifications in paragraph (f) of 
this section. It also must print the forms according to the paper type, 
paper weight, ink color of the manifest instructions and binding method 
of its approved forms.
    (f) Paper manifests and continuation sheets must be printed 
according to the following specifications:
    (1) The manifest and continuation sheet must be printed with the 
exact format and appearance as EPA Forms 8700-22 and 8700-22A, 
respectively. However, information required to complete the manifest may 
be pre-printed on the manifest form.
    (2) A unique manifest tracking number assigned in accordance with a 
numbering system approved by EPA must be pre-printed in Item 4 of the 
manifest. The tracking number must consist of a unique three-letter 
suffix following nine digits.
    (3) The manifest and continuation sheet must be printed on 8\1/2\ x 
11-inch white paper, excluding common stubs (e.g., top- or side-bound 
stubs). The paper must be durable enough to withstand normal use.
    (4) The manifest and continuation sheet must be printed in black ink 
that can be legibly photocopied, scanned, and faxed, except that the 
marginal words indicating copy distribution must be in red ink.
    (5) The manifest and continuation sheet must be printed as six-copy 
forms. Copy-to-copy registration must be exact within \1/32\nd of an 
inch. Handwritten and typed impressions on the form must be legible on 
all six 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 destination State 
(if required)''.

[[Page 211]]

    (ii) Page 2: ``Designated facility to generator State (if 
required)''.
    (iii) Page 3: ``Designated facility to generator''.
    (iv) Page 4: ``Designated facility's copy''.
    (v) Page 5: ``Transporter's copy''.
    (vi) Page 6 (bottom copy): ``Generator's initial copy''.
    (7) The instructions in the appendix to 40 CFR part 262 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 6;
    (B) The ``Instructions for International Shipment Block'' and 
``Instructions for Transporters'' on Copy 5; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 4.
    (ii) Manifest Form 8700-22A.
    (A) The ``Instructions for Generators'' on Copy 6;
    (B) The ``Instructions for Transporters'' on Copy 5; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 4.
    (g)(1) A generator may use manifests printed by any source so long 
as the source of the printed form has received approval from EPA to 
print the manifest under paragraphs (c) and (e) of this section. A 
registered source may be a:
    (i) State agency;
    (ii) Commercial printer;
    (iii) Hazardous waste generator, transporter or TSDF; or
    (iv) Hazardous waste broker or other preparer who prepares or 
arranges shipments of hazardous waste for transportation.
    (2) A generator must determine whether the generator state or the 
consignment state for a shipment regulates any additional wastes (beyond 
those regulated Federally) as hazardous wastes under these states' 
authorized programs. Generators also must determine whether the 
consignment state or generator state requires the generator to submit 
any copies of the manifest to these states. In cases where the generator 
must supply copies to either the generator's state or the consignment 
state, the generator is responsible for supplying legible photocopies of 
the manifest to these states.
    (h)(1) If an approved registrant would like to update any of the 
information provided in its application approved under paragraph (c) of 
this section (e.g., to update a company phone number or name of contact 
person), the registrant must revise the application and submit it to the 
EPA Director of the Office of Solid Waste, along with an indication or 
explanation of the update, as soon as practicable after the change 
occurs. The Agency either will approve or deny the revision. If the 
Agency denies the revision, it will explain the reasons for the denial, 
and it will contact the registrant and request further modification 
before approval.
    (2) If the registrant would like a new tracking number suffix, the 
registrant must submit a proposed suffix to the EPA Director of the 
Office of Solid Waste, along with the reason for requesting it. The 
Agency will either approve the suffix or deny the suffix and provide an 
explanation why it is not acceptable.
    (3) If a registrant would like to change the paper type, paper 
weight, ink color of the manifest instructions, or binding method of its 
manifest or continuation sheet subsequent to approval under paragraph 
(e) of this section, then the registrant must submit three samples of 
the revised form for EPA review and approval. If the approved registrant 
would like to use a new printer, the registrant must submit three 
manifest samples printed by the new printer, along with a brief 
description of the printer's qualifications to print the manifest. EPA 
will evaluate the manifests and either approve the registrant to print 
the forms as proposed or request additional information or modification 
to them before approval. EPA will notify the registrant of its decision 
by mail. The registrant cannot use or distribute its revised forms until 
EPA approves them.
    (i) If, subsequent to its approval under paragraph (e) of this 
section, a registrant typesets its manifest or continuation sheet 
instead of using the

[[Page 212]]

electronic file of the forms provided by EPA, it must submit three 
samples of the manifest or continuation sheet to the registry for 
approval. EPA will evaluate the manifests or continuation sheets and 
either approve the registrant to print them as proposed or request 
additional information or modification to them before approval. EPA will 
notify the registrant of its decision by mail. The registrant cannot use 
or distribute its typeset forms until EPA approves them.
    (j) EPA may exempt a registrant from the requirement to submit form 
samples under paragraph (d) or (h)(3) of this section if the Agency is 
persuaded that a separate review of the registrant's forms would serve 
little purpose in informing an approval decision (e.g., a registrant 
certifies that it will print the manifest using the same paper type, 
paper weight, ink color of the instructions and binding method of the 
form samples approved for some other registrant). A registrant may 
request an exemption from EPA by indicating why an exemption is 
warranted.
    (k) An approved registrant must notify EPA by phone or email as soon 
as it becomes aware that it has duplicated tracking numbers on any 
manifests that have been used or distributed to other parties.
    (l) If, subsequent to approval of a registrant under paragraph (e) 
of this section, EPA becomes aware that the approved paper type, paper 
weight, ink color of the instructions, or binding method of the 
registrant's form is unsatisfactory, EPA will contact the registrant and 
require modifications to the form.
    (m)(1) EPA may suspend and, if necessary, revoke printing privileges 
if we find that the registrant:
    (i) Has used or distributed forms that deviate from its approved 
form samples in regard to paper weight, paper type, ink color of the 
instructions, or binding method; or
    (ii) Exhibits a continuing pattern of behavior in using or 
distributing manifests that contain duplicate manifest tracking numbers.
    (2) EPA will send a warning letter to the registrant that specifies 
the date by which it must come into compliance with the requirements. If 
the registrant does not come in compliance by the specified date, EPA 
will send a second letter notifying the registrant that EPA has 
suspended or revoked its printing privileges. An approved registrant 
must provide information on its printing activities to EPA if requested.

[70 FR 10815, Mar. 4, 2005]