[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.10]

[Page 353-355]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS--Table of Contents
 
             Subpart A--Requirements for Final Authorization
 
Sec. 271.10  Requirements for generators of hazardous wastes.

    (a) The State program must cover all generators covered by 40 CFR 
part 262. States must require new generators to contact the State and 
obtain an EPA identification number before they perform any activity 
subject to regulation under the approved State hazardous waste program.
    (b) The State shall have authority to require and shall require all 
generators to comply with reporting and recordkeeping requirements 
equivalent to those under 40 CFR 262.40 and 262.41. States must require 
that generators keep these records at least 3 years.
    (c) The State program must require that generators who accumulate 
hazardous wastes for short periods of time comply with requirements that 
are equivalent to the requirements for accumulating hazardous wastes for 
short periods of time under 40 CFR 262.34.
    (d) The State program must require that generators comply with 
requirements that are equivalent to the requirements for the packaging, 
labeling, marking, and placarding of hazardous waste under 40 CFR 262.30 
to 262.33, and are consistent with relevant DOT regulations under 49 CFR 
parts 172, 173, 178 and 179.
    (e) The State program shall provide requirements respecting 
international shipments which are equivalent to those at 40 CFR part 262 
subparts E and F, except that:
    (1) Advance notification, annual reports and exception reports in 
accordance with 40 CFR 262.53, 262.55 and 262.56 shall be filed with the 
Administrator; States may require that copies

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of the documents referenced also be filed with the State Director; and
    (2) The Administrator will notify foreign countries of intended 
exports in conjunction with the Department of State and primary 
exporters of foreign countries' responses in accordance with 40 CFR 
262.53.
    Note: Such notices shall be mailed to the Office of Waste Programs 
Enforcement, RCRA Enforcement Division (OS-520), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (f) The State must require that all generators of hazardous waste 
who transport (or offer for transport) such hazardous waste off-site:
    (1) Use a manifest system that ensures that interstate and 
intrastate shipments of hazardous waste are designated for delivery, 
and, in the case of intrastate shipments, are delivered to facilities 
that are authorized to operate under an approved State program or the 
federal program. The manifest system must include the use of manifest 
form as required by Sec. 262.20(a) and Sec. 262.21. No other manifest 
form, shipping document, or information, other than that required by 
federal law, may be required by the State to travel with the shipment.
    (2) Initiate the manifest and designate on the manifest the storage, 
treatment, or disposal facility to which the waste is to be shipped.
    (3) Ensure that all wastes offered for transportation are 
accompanied by the manifest, except in the case of shipments by rail or 
water specified in 40 CFR 262.23 (c) and (d) and Sec. 262.20 (e) and 
(f). The State program shall provide requirements for shipments by rail 
or water equivalent to those under 40 CFR 262.23 (c) and (d) and 
Sec. 263.20 (e) and (f).
    (4) Investigate instances where manifests have not been returned by 
the owner or operator of the designated facility and report such 
instances to the State in which the shipment originated.
    (g) In the case of interstate shipments for which the manifest has 
not been returned, the State program must provide for notification to 
the State in which the facility designated on the manifest is located 
and to the State in which the shipment may have been delivered (or to 
EPA in the case of unauthorized States).
    (h) The State must follow the Federal manifest format (40 CFR 
262.21) and may supplement the format to a limited extent subject to the 
consistency requirements of the Hazardous Materials Transportation Act 
(49 U.S.C. 1801 et seq.).
    (1) A State that supplies the manifest form required by 
Sec. 262.20(a) may preprint information on the form only as follows:
    (i) In Items A and L, a State manifest document number; (EPA Form 
8700-22, items A; EPA Form 8700-22A, item L);
    (ii) In Items 11 and 28, a hazardous materials (HM) column for use 
in distinguishing between federally regulated wastes and other materials 
according to 49 CFR 172.201(a)(1);
    (iii) Anywhere on the form, light organizational marks to indicate 
proper placement of characters or to facilitate data entry;
    (iv) Anywhere in the margin of the form or on the back of the form, 
any information or instructions that do not require generators, 
transporters, or owners or operators of hazardous waste management 
facilities to supply additional information;
    (v) In Item 16, reference to State laws or regulations following the 
federal certification; and
    (vi) Abbreviations for headings in State optional information spaces 
(EPA Form 8700-22, Items A-H; and EPA Form 8700-22A, Items L-Q).
    (2) In addition to the federally required information, both the 
State in which the generator is located and the State in which the 
designated facility is located may require completion of the following 
items:
    (i) State manifest document number (EPA Form 8700-22, Item A; EPA 
Form 8700-22A Item L);
    (ii) For generators, State generator identification numbers (EPA 
Form 8700-22, Item B; EPA Form 8700-22A, Item M);
    (iii) For transporters, telephone numbers and State transporter 
identification numbers (EPA Form 8700-22, Items C, D, E and F; EPA Form 
8700-22A, Items N, O, P and Q);
    (iv) For owners and operators of hazardous waste management 
facilities,

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facility telephone number, and State facility identification numbers 
(EPA Form 8700-22, Items G and H);
    (v) Codes associated with particular wastes (EPA Form 8700-22, Item 
I; EPA Form 8700-22A, Item R);
    (vi) Codes associated with particular waste treatment, storage, or 
disposal methods (EPA Form 8700-22, Item K; EPA Form 8700-22A, Item T); 
and
    (vii) Additional waste description associated with particular 
hazardous wastes listed on the Manifest. This information is limited to 
information such as chemical names, constituent percentages, and 
physical state (EPA Form 8700-22, Item J; EPA Form 8700-22A, Item S).
    (3) No State, however, may impose enforcement sanctions on a 
transporter during transportation of the shipment for failure of the 
form to include preprinted information or optional State information 
items.
    (i) Unless otherwise provided in part 271, the State program shall 
have standards for generators which are at least as stringent as any 
amendment to 40 CFR Part 262 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 49 
FR 10506, Mar. 20, 1984; 49 FR 11180, Mar. 26, 1984; 51 FR 28685, Aug. 
8, 1986; 51 FR 33722, Sept. 22, 1986; 56 FR 43705, Sept. 4, 1991]