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10/13/9a FRI 10:18 FAa 303 293 1238 R8 SIIPERFUND REMEDIAL BR ~ 003 . ` .1 2 Implementation: The applicable Federal regulation associated with this issue is 4A CFR 262, Appendix, Uniform Hazardous Waste Manifest Instructions, Item 16; it describes the uniform hazardous waste manifest certification requirements which are applicable to shipments of hazardous waste from TSD facilities. ,T~ inatr c n makes clear that generators ma have contractors act o pec ica y, the instruction says, "Generators may preprint t e words, 'on behalf of in the signature block or may hand write this statement in the signature block prior to signing the generator certifications." As explained in the Federal Register Notice on October 1, 1986 (51 Fed. Req. 35192), EPA did not intend to impose personal liability on the individual who actually signs the certification. Further, EPA clarified that "employees or other individuals may sign the manifest certification for a generator who is a legal entity, such as a corporation". This statement makes clear that the generator may agree with persons on-site to sign £or the generator, so long as the signor has clear authority from the generator to do so. Thus, under the Federal regulations, con hired by EPA to perform on-site remedial actions w o initiate the off-site shipment of hazardous wastes (such as on-site excavation, dewatering, and packaging of contaminated soils) may s~~n-r manifests for EPA after receiving clear authorit ~~~~1"~Tl7l7e'~CV•ae~str"ane~~FE'fl7!l~lf~ a phrase "On behalf iha [In i tad _ _~o'_a ~!Ti .'{~_ _T r~__ * + _ a_ '~'~+R~~~~ ~~~ In t e signature block of the manifest. Contractors acting on behalf of EPA in this situation at,Superfund sites do not become generators by signing the manifest (although they might be generators for other reasons). They would merely be performing a technical confirmation function fot EPA in signing the manifest form. For remedial actions when EPA provides the contracting mechanism (this excludes Corps of Engineers projects) through REM or ARCS, we Should now use EPA contractors to sign manifests after writing in the phrase "On behalf of the United States Environmental Protection Agency" in the signature block. 'For this type of remedial action contracting, the architect/engineer firms that hold the prime contracts with EPA are the appropriate construction managers for these projects and should provide the individuals to sign the manifest. He advised that you must give clear and specific authority in writing to the EPA contractors for each project to sign the manifests on behalf of the Agency.