[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: 40CFR264.76]

[Page 279]
 
                   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. 264.76  Unmanifested waste report.

    If a facility accepts for treatment, storage, or disposal any 
hazardous waste from an off-site source without an accompanying 
manifest, or without an accompanying shipping paper as described in 
Sec. 263.20(e)(2) of this chapter, and if the waste is not excluded 
from the manifest requirement by Sec. 261.5 of this chapter, then the 
owner or operator must prepare and submit a single copy of a report to 
the Regional Administrator within fifteen days after receiving the 
waste. The unmanifested waste report must be submitted on EPA form 8700-
13B. Such report must be designated `Unmanifested Waste Report' and 
include the following information:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The date the facility received the waste;
    (c) The EPA identification number, name, and address of the 
generator and the transporter, if available;
    (d) A description and the quantity of each unmanifested hazardous 
waste and facility received;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) The certification signed by the owner or operator of the 
facility or his authorized representative; and
    (g) A brief explanation of why the waste was unmanifested, if known.

[Comment: Small quantities of hazardous waste are excluded from 
regulation under this part and do not require a manifest. Where a 
facility receives unmanifested hazardous wastes, the Agency suggests 
that the owner or operator obtain from each generator a certification 
that the waste qualifies for exclusion. Otherwise, the Agency suggests 
that the owner or operator file an unmanifested waste report for the 
hazardous waste movement.]

[45 FR 33221, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]

    Effective Date Note: At 70 FR 10823, Mar. 4, 2005, Sec. 264.76 was 
revised, effective Sept. 6, 2005. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 264.76  Unmanifested waste report.

    (a) If a facility accepts for treatment, storage, or disposal any 
hazardous waste from an off-site source without an accompanying 
manifest, or without an accompanying shipping paper as described by 
Sec. 263.20(e) of this chapter, and if the waste is not excluded from 
the manifest requirement by this chapter, then the owner or operator 
must prepare and submit a letter to the Regional Administrator within 15 
days after receiving the waste. The unmanifested waste report must 
contain the following information:
    (1) The EPA identification number, name and address of the facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the generator 
and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each hazardous 
waste;
    (6) The certification signed by the owner or operator of the 
facility or his authorized representative; and,
    (7) A brief explanation of why the waste was unmanifested, if known.
    (b) [Reserved]