[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: 40CFR263.20]

[Page 199-201]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of Contents
 
    Subpart B--Compliance With the Manifest System and Recordkeeping
 
Sec. 263.20  The manifest system.


    (a) A transporter may not accept hazardous waste from a generator 
unless it is accompanied by a manifest signed in accordance with the 
provisions of 40 CFR 262.20. In the case of exports other than those 
subject to subpart H of 40 CFR part 262, a transporter may not accept 
such waste from a primary exporter or other person if he knows the 
shipment does not conform to the EPA Acknowledgement of Consent; and 
unless, in addition to a manifest signed in accordance with the 
provisions of 40 CFR 262.20, such waste is also accompanied by an EPA 
Acknowledgement of Consent which, except for shipment by rail, is 
attached to the manifest (or shipping paper for exports by water (bulk 
shipment)). For exports of hazardous waste subject to the requirements 
of subpart H of 40 CFR part 262, a transporter may not accept hazardous 
waste without a tracking document that includes all information required 
by 40 CFR 262.84.
    (b) Before transporting the hazardous waste, the transporter must 
sign and date the manifest acknowledging acceptance of the hazardous 
waste from the generator. The transporter must return a signed copy to 
the generator before leaving the generator's property.
    (c) The transporter must ensure that the manifest accompanies the 
hazardous waste. In the case of exports, the transporter must ensure 
that a copy of the EPA Acknowledgment of Consent also accompanies the 
hazardous waste.
    (d) A transporter who delivers a hazardous waste to another 
transporter or to the designated facility must:
    (1) Obtain the date of delivery and the handwritten signature of 
that transporter or of the owner or operator of the designated facility 
on the manifest; and
    (2) Retain one copy of the manifest in accordance with Sec. 263.22; and
    (3) Give the remaining copies of the manifest to the accepting 
transporter or designated facility.
    (e) The requirements of paragraphs (c), (d) and (f) of this section 
do not apply to water (bulk shipment) transporters if:
    (1) The hazardous waste is delivered by water (bulk shipment) to the 
designated facility; and
    (2) A shipping paper containing all the information required on the 
manifest (excluding the EPA identification numbers, generator 
certification, and signatures) and, for exports, an EPA Acknowledgment 
of Consent accompanies the hazardous waste; and
    (3) The delivering transporter obtains the date of delivery and 
handwritten signature of the owner or operator of the designated 
facility on either the manifest or the shipping paper; and

[[Page 200]]

    (4) The person delivering the hazardous waste to the initial water 
(bulk shipment) transporter obtains the date of delivery and signature 
of the water (bulk shipment) transporter on the manifest and forwards it 
to the designated facility; and
    (5) A copy of the shipping paper or manifest is retained by each 
water (bulk shipment) transporter in accordance with Sec. 263.22.
    (f) For shipments involving rail transportation, the requirements of 
paragraphs (c), (d) and (e) do not apply and the following requirements 
do apply:
    (1) When accepting hazardous waste from a non-rail transporter, the 
initial rail transporter must:
    (i) Sign and date the manifest acknowledging acceptance of the 
hazardous waste;
    (ii) Return a signed copy of the manifest to the non-rail 
transporter;
    (iii) Forward at least three copies of the manifest to:
    (A) The next non-rail transporter, if any; or,
    (B) The designated facility, if the shipment is delivered to that 
facility by rail; or
    (C) The last rail transporter designated to handle the waste in the 
United States;
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with Sec. 263.22.
    (2) Rail transporters must ensure that a shipping paper containing 
all the information required on the manifest (excluding the EPA 
identification numbers, generator certification, and signatures) and, 
for exports an EPA Acknowledgment of Consent accompanies the hazardous 
waste at all times.

    Note: Intermediate rail transporters are not required to sign either 
the manifest or shipping paper.

    (3) When delivering hazardous waste to the designated facility, a 
rail transporter must:
    (i) Obtain the date of delivery and handwritten signature of the 
owner or operator of the designated facility on the manifest or the 
shipping paper (if the manifest has not been received by the facility); 
and
    (ii) Retain a copy of the manifest or signed shipping paper in 
accordance with Sec. 263.22.
    (4) When delivering hazardous waste to a non-rail transporter a rail 
transporter must:
    (i) Obtain the date of delivery and the handwritten signature of the 
next non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with Sec. 263.22.
    (5) Before accepting hazardous waste from a rail transporter, a non-
rail transporter must sign and date the manifest and provide a copy to 
the rail transporter.
    (g) Transporters who transport hazardous waste out of the United 
States must:
    (1) Indicate on the manifest the date the hazardous waste left the 
United States; and
    (2) Sign the manifest and retain one copy in accordance with Sec. 
263.22(c); and
    (3) Return a signed copy of the manifest to the generator; and
    (4) Give a copy of the manifest to a U.S. Customs official at the 
point of departure from the United States.
    (h) A transporter transporting hazardous waste from a generator who 
generates greater than 100 kilograms but less than 1000 kilograms of 
hazardous waste in a calendar month need not comply with the 
requirements of this section or those of Sec. 263.22 provided that:
    (1) The waste is being transported pursuant to a reclamation 
agreement as provided for in Sec. 262.20(e);
    (2) The transporter records, on a log or shipping paper, the 
following information for each shipment:
    (i) The name, address, and U.S. EPA Identification Number of the 
generator of the waste;
    (ii) The quantity of waste accepted;
    (iii) All DOT-required shipping information;
    (iv) The date the waste is accepted; and
    (3) The transporter carries this record when transporting waste to 
the reclamation facility; and
    (4) The transporter retains these records for a period of at least 
three

[[Page 201]]

years after termination or expiration of the agreement.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51 
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr. 
12, 1996]