[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR263.21]

[Page 254-255]
 
                   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. 263.21  Compliance with the manifest.

    (a) The transporter must deliver the entire quantity of hazardous 
waste which he has accepted from a generator or a transporter to:
    (1) The designated facility listed on the manifest; or
    (2) The alternate designated facility, if the hazardous waste cannot 
be delivered to the designated facility because an emergency prevents 
delivery; or
    (3) The next designated transporter; or
    (4) The place outside the United States designated by the generator.
    (b) If the hazardous waste cannot be delivered in accordance with 
paragraph (a) of this section, the transporter must contact the 
generator for further directions and must revise the manifest according 
to the generator's instructions.

    Effective Date Note: At 70 FR 10821, Mar. 4, 2005, Sec. 263.21 was 
amended by revising paragraph (b), effective Sept. 6, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 263.21  Compliance with the manifest.

                                * * * * *

    (b)(1) If the hazardous waste cannot be delivered in accordance with 
paragraph (a) of this section because of an emergency condition other 
than rejection of the waste by the designated facility, then the 
transporter must contact the generator for further directions and must 
revise the manifest according to the generator's instructions.
    (2) If hazardous waste is rejected by the designated facility while 
the transporter is on the facility's premises, then the transporter must 
obtain the following:
    (i) For a partial load rejection or for regulated quantities of 
container residues, a copy of the original manifest that includes the 
facility's date and signature, and the Manifest Tracking Number of the 
new manifest that will accompany the shipment, and a description of the 
partial rejection or container residue in the discrepancy block of the 
original manifest. The transporter must retain a copy of this manifest 
in accordance with Sec. 263.22, and give the remaining copies of the 
original manifest to the rejecting designated facility. If the 
transporter is forwarding the rejected part of the shipment or a 
regulated container residue to an alternate facility or returning it to 
the generator, the transporter must obtain a new manifest to accompany 
the shipment, and the new manifest must include all of the information 
required in 40 CFR 264.72(e)(1) through (6) or (f)(1) through (6) or 40 
CFR 265.72(e)(1) through (6) or (f)(1) through (6).
    (ii) For a full load rejection that will be taken back by the 
transporter, a copy of the original manifest that includes the rejecting 
facility's signature and date attesting to the rejection, the 
description of the rejection in the discrepancy block of the manifest, 
and the name, address, phone number, and Identification Number for the 
alternate facility or generator to whom the shipment must be delivered. 
The transporter must retain a

[[Page 255]]

copy of the manifest in accordance with Sec. 263.22, and give a copy of 
the manifest containing this information to the rejecting designated 
facility. If the original manifest is not used, then the transporter 
must obtain a new manifest for the shipment and comply with 40 CFR 
264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6).