[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR]

[Page 344-345]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
                        Subpart C_Shipping Papers
 
Sec.  172.205  Hazardous waste manifest.

    (a) No person may offer, transport, transfer, or deliver a hazardous 
waste (waste) unless an EPA Form 8700-22 and 8700-22A (when necessary) 
hazardous waste manifest (manifest) is prepared in accordance with 40 
CFR 262.20 and is signed, carried, and given as required of that person 
by this section.
    (b) The shipper (generator) shall prepare the manifest in accordance 
with 40 CFR part 262.
    (c) The original copy of the manifest must be dated by, and bear the 
handwritten signature of, the person representing:
    (1) The shipper (generator) of the waste at the time it is offered 
for transportation, and
    (2) The initial carrier accepting the waste for transportation.
    (d) A copy of the manifest must be dated by, and bear the 
handwritten signature of the person representing:
    (1) Each subsequent carrier accepting the waste for transportation, 
at the time of acceptance, and
    (2) The designated facility receiving the waste, upon receipt.
    (e) A copy of the manifest bearing all required dates and signatures 
must be:
    (1) Given to a person representing each carrier accepting the waste 
for transportation,
    (2) Carried during transportation in the same manner as required by 
this subchapter for shipping papers,
    (3) Given to a person representing the designated facility receiving 
the waste,
    (4) Returned to the shipper (generator) by the carrier that 
transported the waste from the United States to a foreign destination 
with a notation of the date of departure from the United States, and
    (5) Retained by the shipper (generator) and by the initial and each 
subsequent carrier for three years from the date the waste was accepted 
by the initial carrier. Each retained copy must bear all required 
signatures and dates up to and including those entered by the next 
person who received the waste.
    (f) Transportation by rail. Notwithstanding the requirements of 
paragraphs (d) and (e) of this section, the following requirements 
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;
    (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; and
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with 40 CFR 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. 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 40 CFR 263.22.

[[Page 345]]

    (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 40 CFR 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) The person delivering a hazardous waste to an initial rail 
carrier shall send a copy of the manifest, dated and signed by a 
representative of the rail carrier, to the person representing the 
designated facility.
    (h) A hazardous waste manifest required by 40 CFR part 262, 
containing all of the information required by this subpart, may be used 
as the shipping paper required by this subpart.

[Amdt. 172-58, 45 FR 34698, May 22, 1980, as amended by Amdt. 172-90, 49 
FR 10510, Mar. 20, 1984; 49 FR 11184, Mar. 26, 1984; Amdt. 172-248, 61 
FR 28675, June 5, 1996]