- (a)(1) A large quantity generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter shall contact the transporter, the owner or operator of the designated facility, or both, to determine the status of the hazardous waste.
(2) A large quantity generator shall submit an Exception Report to the director if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter. The Exception Report shall include:
(i) a legible copy of the manifest that the generator does not have confirmation of delivery; and
- (ii) a cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(3) Beginning on December 1, 2025, the EPA will no longer accept mailed paper Exception Reports from large quantity generators. Beginning on December 1, 2025, a large quantity generator shall submit an Exception Report to the EPA e-Manifest system if the generator has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter. The Exception Report shall include:
(i) a legible copy of the manifest for which the generator does not have confirmation of delivery; and
- (ii) an explanation of the efforts taken to locate the hazardous waste and the results of those efforts.
- (b) A small quantity generator of hazardous waste who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter shall:
(1) submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the director.
- (i) The submission to the director need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
(2) Beginning on December 1, 2025, the EPA will no longer accept mailed paper Exception Reports from small quantity generators. Beginning on December 1, 2025, a small quantity generator shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the EPA e-Manifest system. Generators that are normally VSQGs but are subject to the SQG provisions of Subsection R315-262-42(b)(2) because of an episodic generation event pursuant to Subsection R315-262-232(a)(5), shall submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the director.
- (c) 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 Subsections R315-264-72(e)(1) through R315-264-72(e)(6) or R315-265-72(e)(1) through R315-265-72(e)(6); the generator shall comply with the requirements of Subsection R315-262-42(a) or R315-262-42(b), 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 Subsection R315-262-42(a) or R315-262-42(b) for a shipment forwarding the waste to an alternate facility by a designated facility:
- (1) The copy of the manifest received by the generator shall 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 45 or 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.
- (d)(1) Beginning on December 1, 2025, any requirement in Title R315 for a generator to keep a copy of an Exception Report is satisfied by retention of a signed electronic Exception Report in the generator's account on the EPA e-Manifest system, provided that the Exception Report is readily available if requested by the director.
- (2) Beginning on December 1, 2025, no generator may be held liable for the inability to produce an electronic Exception Report for inspection under Section R315-262-42 if the generator can demonstrate that the inability to produce the electronic Exception Report is due exclusively to a technical difficulty with the e-Manifest system for which the generator bears no responsibility.
KEY: hazardous waste, generators
Date of Last Change: November 17, 2025
Notice of Continuation: December 11, 2025
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106