[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.84]

[Page 177-178]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
 
   Subpart H--Transfrontier Shipments of Hazardous Waste for Recovery 
                             within the OECD
 
Sec. 262.84  Tracking document.

    (a) All U.S. parties subject to the contract provisions of Sec. 262.85 
must ensure that a tracking document meeting

[[Page 178]]

the conditions of Sec. 262.84(b) accompanies each transfrontier shipment of 
wastes subject to amber-list or red-list controls from the initiation of 
the shipment until it reaches the final recovery facility, including 
cases in which the waste is stored and/or exchanged by the consignee 
prior to shipment to the final recovery facility, except as provided in 
Secs. 262.84(a)(1) and (2).
    (1) For shipments of hazardous waste within the U.S. solely by water 
(bulk shipments only) the generator must forward the tracking document 
with the manifest to the last water (bulk shipment) transporter to 
handle the waste in the U.S. if exported by water, (in accordance with 
the manifest routing procedures at Sec. 262.23(c)).
    (2) For rail shipments of hazardous waste within the U.S. which 
originate at the site of generation, the generator must forward the 
tracking document with the manifest (in accordance with the routing 
procedures for the manifest in Sec. 262.23(d)) to the next non-rail 
transporter, if any, or the last rail transporter to handle the waste in 
the U.S. if exported by rail.
    (b) The tracking document must include all information required 
under Sec. 262.83 (for notification), and the following:
    (1) Date shipment commenced.
    (2) Name (if not notifier), address, and telephone and telefax 
numbers of primary exporter.
    (3) Company name and EPA ID number of all transporters.
    (4) Identification (license, registered name or registration number) 
of means of transport, including types of packaging.
    (5) Any special precautions to be taken by transporters.
    (6) Certification/declaration signed by notifier that no objection 
to the shipment has been lodged as follows:

    I certify that the above information is complete and correct to the 
best of my knowledge. I also certify that legally-enforceable written 
contractual obligations have been entered into, that any applicable 
insurance or other financial guarantees are or shall be in force 
covering the transfrontier movement, and that:
    1. All necessary consents have been received; OR
    2. The shipment is directed at a recovery facility within the OECD 
area and no objection has been received from any of the concerned 
countries within the 30 day tacit consent period; OR
    3. The shipment is directed at a recovery facility pre-authorized 
for that type of waste within the OECD area; such an authorization has 
not been revoked, and no objection has been received from any of the 
concerned countries.

(delete sentences that are not applicable)

Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________

    (7) Appropriate signatures for each custody transfer (e.g. 
transporter, consignee, and owner or operator of the recovery facility).
    (c) Notifiers also must comply with the special manifest 
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and consignees 
must comply with the import requirements of 40 CFR part 262, subpart F.
    (d) Each U.S. person that has physical custody of the waste from the 
time the movement commences until it arrives at the recovery facility 
must sign the tracking document (e.g. transporter, consignee, and owner 
or operator of the recovery facility).
    (e) Within 3 working days of the receipt of imports subject to this 
Subpart, the owner or operator of the U.S. recovery facility must send 
signed copies of the tracking document to the notifier, to the Office of 
Enforcement and Compliance Assurance, Office of Compliance, Enforcement 
Planning, Targeting and Data Division (2222A), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and to the 
competent authorities of the exporting and transit countries.