[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: 40CFR265.71] [Page 525-527] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 265_INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents Subpart E_Manifest System, Recordkeeping, and Reporting Sec. 265.71 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 haz ard ous waste covered by the manifest was received; (2) Note any significant discrepancies in the manifest (as defined in Sec. 265.72(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. 265.13(c) include waste analysis must perform that analysis before signing the manifest and giving it to the transporter. Section 265.72(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 [[Page 526]] by the manifest or shipping paper was received; (2) Note any significant discrepancies (as defined in Sec. 265.72(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. 265.13(c) include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section 265.72(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 haz ard ous 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. [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 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 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 1980; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996] Effective Date Note: At 70 FR 10823, Mar. 4, 2005, Sec. 265.71 was amended by revising paragraphs (a) and (b)(4) and adding paragraph (e), effective Sept. 6, 2005. For the convenience of the user, the revised and added text is set forth as follows: Sec. 265.71 Use of manifest system. (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space. (2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must: (i) Sign and date, by hand, each copy of the manifest; (ii) Note any discrepancies (as defined in Sec. 265.72(a)) on each copy of the manifest; (iii) Immediately give the transporter at least one copy of the manifest; (iv) Within 30 days of delivery, send a copy of the manifest to the generator; and (v) Retain at the facility a copy of each manifest for at least three years from the date of delivery. (3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. (b) * * * (4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and * * * * * (e) A facility must determine whether the consignment state for a shipment regulates [[Page 527]] any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.