[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: 40CFR264.71]

[Page 220-221]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
        Subpart E--Manifest System, Recordkeeping, and Reporting
 
Sec. 264.71  Use of manifest system.

    (a) If a facility receives hazardous waste accompanied by a 
manifest, the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest to certify that the 
hazardous waste covered by the manifest was received;
    (2) Note any significant discrepancies in the manifest (as defined 
in Sec. 264.72(a)) on each copy of the manifest;

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 264.13(c) include waste analysis must 
perform that analysis before signing the manifest and giving it to the 
transporter. Section 264.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]

    (3) Immediately give the transporter at least one copy of the signed 
manifest;
    (4) Within 30 days after the delivery, send a copy of the manifest 
to the generator; and
    (5) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (b) If a facility receives, from a rail or water (bulk shipment) 
transporter, hazardous waste which is accompanied by a shipping paper 
containing all the information required on the manifest (excluding the 
EPA identification numbers, generator's certification, and signatures), 
the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest or shipping paper (if 
the manifest has not been received) to certify that the hazardous waste 
covered by the manifest or shipping paper was received;
    (2) Note any significant discrepancies (as defined in Sec. 264.72(a)) 
in the manifest or shipping paper (if the manifest has not been 
received) on each copy of the manifest or shipping paper.

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 264.13(c) include waste analysis must 
perform that analysis before signing the shipping paper and giving it to 
the transporter. Section 264.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]

    (3) Immediately give the rail or water (bulk shipment) transporter 
at least one copy of the manifest or shipping paper (if the manifest has 
not been received);
    (4) Within 30 days after the delivery, send a copy of the signed and 
dated manifest to the generator; however, if the manifest has not been 
received within 30 days after delivery, the owner or operator, or his 
agent, must send a copy of the shipping paper signed and dated to the 
generator; and

[Comment: Section 262.23(c) of this chapter requires the generator to 
send three copies of the manifest to the facility when hazardous waste 
is sent by rail or water (bulk shipment).]

    (5) Retain at the facility a copy of the manifest and shipping paper 
(if signed in lieu of the manifest at the time of delivery) for at least 
three years from the date of delivery.
    (c) Whenever a shipment of hazardous waste is initiated from a 
facility, the owner or operator of that facility must comply with the 
requirements of part 262 of this chapter.


[[Page 221]]


[Comment: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.34 only apply to owners or operators who are 
shipping hazardous waste which they generated at that facility.]

    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of the facility 
must provide a copy of the tracking document bearing all required 
signatures 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 competent 
authorities of all other concerned countries. The original copy of the 
tracking document must be maintained at the facility for at least three 
years from the date of signature.

[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 61 FR 16315, Apr. 12, 1996]