- (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or the owner or operator's agent shall sign and date the manifest as indicated in Subsection R315-265-71(a)(2) 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 the owner or operator's agent shall:
(i) sign and date, by hand, each copy of the manifest;
- (ii) note any discrepancies, as defined in Subsection R315-265-72(a), on each copy of the manifest;
- (iii) immediately give the transporter at least one copy of the manifest;
- (iv) Reserved;
(v) paper manifest submission requirements are:
- (A) Reserved.
- (B) Options for compliance on June 30, 2021. Send to the EPA e-Manifest system an image file of the top copy, Page1, of the manifest and any continuation sheet send to the EPA e-Manifest 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; and
- (vi) keep at the facility a copy of each manifest for at least three years from the date of delivery.
(3) The owner or operator of a facility that receives hazardous waste subject to Sections R315-262-80 through R315-265-84 from a foreign source shall:
(i) additionally, list the relevant waste stream consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest in the International Shipments block on the continuation sheet, EPA Form 8700-22A, matched to the relevant list number for the waste from block 9b. If additional space is needed, the owner or operator should use a continuation sheet or sheets, EPA Form 8700-22A; and
- (ii) send a copy of the manifest to the EPA e-Manifest system per Subsection R315-265-71(a)(2)(v).
- (b) If a facility receives, from a rail or water, bulk shipment, transporter, hazardous waste that is accompanied by a shipping paper containing the information required on the manifest, excluding the EPA identification numbers, generator's certification, and signatures, the owner or operator, or the owner or operator's agent, shall:
- (1) sign and date each copy of the manifest or shipping paper, if the manifest has not been received, to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies, as defined in Subsection R315-265-72(a), in the manifest or shipping paper, if the manifest has not been received, on each copy of the manifest or shipping paper;
- (i) The director does not intend that the owner or operator of a facility whose procedures under Subsection R315-265-13(c) include waste analysis shall perform that analysis before signing the shipping paper and giving it to the transporter. Subsection R315-265-72(b), however, requires reporting an unreconciled discrepancy discovered during later analysis.
- (3) immediately give the rail or water, bulk shipment, transporter at least one copy of the manifest or shipping paper, if the manifest has not been received;
(4) within 30 days after the delivery, send a copy, Page1, of the signed and dated manifest to the EPA e-Manifest system.
- (i) Subsection R315-262-23(c) requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water, bulk shipment.
(5) keep at the facility a copy of the manifest and shipping paper, if signed in lieu of the manifest when delivered, for at least three years from the date of delivery.
- (c) When a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of Rule R315-262. Sections R315-262-15, R315-262-16, and R315-262-17 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, Sections R315-262-15, R315-262-16, and R315-262-17 only apply to owners or operators who are shipping hazardous waste that they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under Subsection R315-262-17(f).
(d) In accordance with Subsection R315-262-84(d)(2)(xv), within three working days of the receipt of a shipment subject to Sections R315-262-80 through R315-262-84, the owner or operator of a facility shall provide a copy of the movement document bearing the required signatures to the foreign exporter and to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively. For shipments received on or
after the electronic import export reporting compliance date, the receiving facility must close out the movement document to confirm receipt within three working days of shipment delivery using EPA's WIETS or its successor system. For shipments sent from a country with which the EPA has established an electronic exchange of movement document tracking data, the receiving facility may use EPA's WIETS or its successor system to send movement document confirmation data back through the electronic exchange to the foreign exporter and the country of export. The original copy of the movement document shall be maintained at the facility for at least three years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by keeping electronically submitted documents in the facility's account on EPA's WIETS, or its successor system, if the copies are readily available for viewing and production if requested by any EPA or Utah inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under Section R315-265-71 if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's WIETS, or its successor system, for which the owner or operator of a facility bears no responsibility.
- (e) A facility shall determine whether the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
- (f) Legal equivalence to paper manifests. Electronic manifests that are procured, finished, and transmitted in accordance with Subsection R315-262-20(a)(3), and used in accordance with Section R315-265-71 in lieu of the paper manifest form are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy any requirement in Title R315 to get, finish, sign, provide, use, or keep a manifest.
- (1) Any requirement in Rules R315-260 through R315-266, R315-268, R315-270, and R315-273 for the owner or operator of a facility to sign a manifest or manifest certification by hand, or to get a handwritten signature, is satisfied by signing with or getting a valid and enforceable electronic signature within the meaning of Section R315-262-25.
- (2) Any requirement in Title R315 to give, provide, send, forward, or to return to another person a copy of the manifest is satisfied if a copy of an electronic manifest is transmitted to the other person.
- (3) Any requirement in Title R315 for a manifest to accompany a hazardous waste shipment is satisfied if a copy of an electronic manifest is accessible during transportation and forwarded to the person who is scheduled to receive delivery of the hazardous waste shipment.
- (4) Any requirement in Title R315 for an owner or operator to keep or keep a copy of each manifest is satisfied by the retention of the facility's electronic manifest copies in its account on the e-Manifest system, if the copies are readily available for viewing and production if requested by any EPA or Utah inspector.
(5) No owner or operator may be held liable for the inability to produce an electronic manifest for inspection under this Section R315-265-71 if the owner or operator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the EPA system, for which the owner or operator bears no responsibility.
- (g) An owner or operator may participate in the electronic manifest system either by accessing the electronic manifest system from the owner's or operator's electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the owner's or operator's site by the transporter who delivers the waste shipment to the facility.
- (h) Special procedures applicable to replacement manifests. If a facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the procedures listed in Subsections R315-265-71(h)(1) through R316-265-71(h)(4) apply to the delivery of the hazardous waste by the final transporter:
- (1) Upon delivery of the hazardous waste to the designated facility, the owner or operator shall sign and date each copy of the paper replacement manifest by hand in Item 20, Designated Facility Certification of Receipt, and note any discrepancies in Item 18, Discrepancy Indication Space, of the replacement manifest.
- (2) The owner or operator of the facility shall give back to the final transporter one copy of the paper replacement manifest.
- (3) Within 30 days of delivery of the hazardous waste to the designated facility, the owner or operator of the facility shall send one signed and dated copy of the paper replacement manifest to the generator, and send an additional signed and dated copy of the paper replacement manifest to the EPA e-Manifest system.
(4) The owner or operator of the facility shall keep at the facility one copy of the paper replacement manifest for at least three years from the date of delivery.
- (i) Special procedures applicable to electronic signature methods undergoing tests. If an owner or operator using an electronic manifest signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the owner or operator shall also sign with an ink signature the facility's certification of receipt or discrepancies on the printed copy of the manifest provided by the transporter. Upon executing its ink signature on this printed copy, the owner or operator shall keep this original copy among its records for at least three years from the date of delivery of the waste.
- (j) Imposition of user fee for electronic manifest use.
- (1) As prescribed in 40 CFR 265.1311, and determined in 40 CFR 265.1312, which are incorporated by reference, an owner or operator who is a user of the 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, which is incorporated by reference.
(2) An owner or operator subject to user fees under Section R315-265-71 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, which are incorporated by reference.
- (k) Electronic manifest signatures.
(1) Electronic manifest signatures shall meet the criteria described in Section R315-262-25.
- (l) Post-receipt manifest data corrections. After facilities have certified that the manifest is complete by signing it when it is submitted to the EPA e-Manifest system, any post-receipt data corrections may be submitted at any time by any interested person, for example, waste handler, named on the manifest. If corrections are requested by the director for portions of the manifest that a designated facility is required to complete, the facility must address the data correction within 30 days from the date of the request.
- (1) Interested persons shall make each correction to manifest data by electronic submission, either by directly entering corrected data to the web based service provided in e-Manifest for corrections, or by an upload of a data file containing data corrections relating to one or more previously submitted manifests.
(2) Each correction submission shall include:
(i) the Manifest Tracking Number and date of receipt by the facility of the original manifest or manifests for which data are being corrected;
- (ii) the Item Numbers of the original manifest that is the subject of the submitted corrections; 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 their 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 shall 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 Subsection R315-265-71(l)(3), and with notice of the corrections to other interested persons shown on the manifest.
KEY: hazardous waste, TSD facilities, interim status
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