COVID-19 Implications for Signing Paper Hazardous Waste Manifests Memorandum

May 18, 2020

MEMORANDUM
SUBJECT:

COVID-19 Implications for Signing Paper Hazardous Waste Manifests

FROM:

Peter C. Wright, Assistant Administrator
Office of Land and Emergency Management

PETER
WRIGHT

SUSAN
Susan Parker Bodine, Assistant Administrator
Office of Enforcement and Compliance Assurance BODINE
TO:

Digitally signed by PETER
WRIGHT
Date: 2020.05.18
17:46:30 -04'00'

Digitally signed by
SUSAN BODINE
Date: 2020.05.18
17:03:08 -04'00'

All Governmental and Private Sector Partners

Recognizing that the evolving COVID-19 public health emergency may result in potential worker
shortages and that social distancing restrictions to limit the spread of COVID-19 may impede normal
operations of regulated facilities and laboratories, on March 26, 2020, the Office of Enforcement and
Compliance Assurance issued a memorandum entitled COVID-19 Implications for EPA’s Enforcement
and Compliance Assurance Program (Temporary COVID-19 Enforcement Policy), a temporary policy
regarding enforcement of environmental obligations by the U.S. Environmental Protection Agency
during this time. The policy also notes that EPA may provide additional enforcement guidance
applicable to specific programs on an ongoing basis.
The purpose of this memorandum is to provide generators of hazardous waste flexibility with respect to
signatures on paper hazardous waste manifests under the Resource Conservation and Recovery Act
(RCRA) during the COVID-19 public health emergency. This policy supplements and incorporates by
reference the Temporary COVID-19 Enforcement Policy. In addition, the U.S. Department of
Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) has released a
similar notice regarding existing options related to hazardous materials shipping papers and social
distancing during the COVID-19 public health emergency, available at
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/202004/PHMSA%20Shipping%20Paper%20Notice.pdf.
This policy will apply retroactively beginning on March 13, 2020. EPA will post a notification here
https://www.epa.gov/enforcement/enforcement-policy-guidance-publications, at least seven days prior
to terminating this temporary policy.
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.
This memorandum 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 where the transporter needs to obtain the generator’s signature on the manifest but cannot
certify compliance with applicable pre-transportation requirements. 1
1. Transporters should consider the following practices: If obtaining a generator signature on a
paper manifest is not reasonably practicable, entities can use the electronic manifest (eManifest). To obtain an e-Manifest account, please refer to the e-Manifest user registration
webpage at https://www.epa.gov/e-manifest/e-manifest-user-registration .
2. If the electronic manifest is not a viable option, then the following steps should be taken:
a) The transporter should write the name of the generator in Box 15 and, under “Signature,”
should write “Generator using signature substitute due to COVID-19;”
b) The generator should provide a signature substitute in a(n) cell phone text message,
email, or hard copy letter mailed to the transporter and designated facility. The generator
should use one document/transmittal to cover all manifest activities per
transporter/designated facility throughout the duration of this temporary policy 2; and
c) The transporter or designated facility should write in Box 14 of the manifest
“documentation for generator signature substitute available upon request.” As
provided in Section 1.A of the Temporary COVID-19 Enforcement Policy, generators
and transporters taking the steps outlined above should maintain this documentation.

EPA already allows transporters to sign EPA form 8700-22/22A 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 material is
staged for loading, and the waste has been properly packaged, marked and labeled and is in proper condition for
transportation.
2
The generator’s signature substitute is a cell phone text message, an email, or a hardcopy letter that authorizes the
generator’s signature on Box 15 of the hazardous waste manifest. An example of this language for the cell phone text
message, email, or hardcopy letter is: “I authorize my signature for Box 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 COVID19 Implications for Signing Paper Hazardous Waste Manifests.”
1