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Although not addressed in the regulations, a TSDF may send a signed electronic manifest copy to the generator. Here’s how we came to that conclusion.
The TSDF is required when it receives a hazardous waste shipment accompanied by a manifest to (40 CFR 264.71(a)(2)):
- Sign and date, by hand, each copy of the manifest;
- Note any discrepancies on each copy of the manifest;
- Immediately give the transporter at least one copy of the manifest;
- Within 30 days of delivery, send a copy of the manifest to the generator; and
- Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.
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The regulations do not address whether the copy returned to and retained by the generator and the copy retained by the TSDF can be an electronic (scanned) copy. However, this issue is addressed in a July 2, 2008, letter from EPA in connection with whether a rail transporter (Union Pacific RR) using a hazardous waste manifest would be allowed under the RCRA hazardous waste manifest regulations to either fax a signed copy of the manifest or e-mail a scanned copy of the signed manifest to the generator.
In the Union Pacific RR letter, EPA discusses a 1996 EPA Policy "that allowed RCRA TSDFs, under specified conditions dealing with security and accessibility, to substitute scanned image files of manifests for their paper record collections in order to comply with their recordkeeping requirements….Under this policy, EPA would consider the scanned copies to constitute the equivalent of the original paper records for purposes of the applicable retention requirements." EPA’s reference is to its November 12, 1996, letter (included at the end of the July 2008 letter) to Safety-Kleen Corporation (Safety-Kleen letter) that discusses whether a file system of electronic images of manifests with original handwritten signatures that incorporates data integrity and security features can satisfy RCRA statutory requirements.
EPA’s Union Pacific RR letter notes that a 1994 federal statute authorizes the retention by hazmat offerors or carriers of either the hazardous materials shipping paper "or an electronic image thereof" (49 USC 5110(s)). The Hazardous Materials Regulations (HMRs) were amended in 2001 to codify the electronic retention requirement specified in the 1994 federal statute. The Union Pacific RR letter points out that because EPA’s hazardous waste transportation requirements must be consistent with the HMRs, "both EPA and the Department of Transportation regard an electronic image of a manifest as sufficient to constitute a record of a manifest that must be retained by RCRA waste handlers." Consequently, EPA concludes in its Union Pacific RR letter "that a generator could satisfy its regulatory obligations to retain copies of the manifest with a faxed or scanned image file of a signed manifest delivered to the generator by a rail transporter…if the image file is either printed and stored with the generator’s other paper files or retained electronically as described in the 1996 [EPA Policy]."
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EPA goes on to note the three conditions for this allowance:
- There must be a system that ensures a file transmitted electronically is received
- The faxed or scanned image files are legible and clearly identify the signatory, and
- The remaining signed original manifest copies must be promptly forwarded to the next non-rail transporter or to the designated facility, so that the paper manifest copies are available to these subsequent waste handlers before the hazardous waste arrives at their facilities.
EPA also states in the Union Pacific RR letter that authorized state agencies in which the "client" does business "should" be contacted in order to determine "whether the authorized state programs will allow this Federal policy on the delivery of scanned or faxed images of manifests to generators." The Safety-Kleen letter also states that the corporation "must verify with the appropriate state agencies whether the system will comply with each state’s manifest retention regulations and the Rules of Evidence that govern the admissibility of computer generated records."
Reviewing both the Union Pacific RR and the Safety-Kleen letters and discussing the situation with appropriate relevant state agencies would clarify whether sending electronic (scanned) copies of manifests to generators and retaining such copies in your records is compliant with both state and RCRA requirements.