[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.11]

[Page 366-367]
 
                   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. 271.11  Requirements for transporters of hazardous wastes.

    (a) The State program must cover all transporters covered by 40 CFR 
part 263. New transporters must be required to contact the State and 
obtain an EPA identification number from the State before they accept 
hazardous waste for transport.
    (b) The State shall have the authority to require and shall require 
all transporters to comply with recordkeeping requirements equivalent to 
those found at 40 CFR 263.22. States must require that records be kept 
at least 3 years.
    (c) The State must require the transporter to carry the manifest 
during transport, except in the case of shipments by rail or water 
specified in 40 CFR 263.20 (e) and (f) and to deliver waste only to the 
facility designated on the manifest. The State program shall provide 
requirements for shipments by rail or water equivalent to those under 40 
CFR 263.20 (e) and (f). For exports of hazardous waste, the State must 
require the transporter to refuse to accept hazardous waste for export 
if he knows the shipment does not conform to the EPA Acknowledgment of 
Consent, to carry an EPA Acknowledgment of Consent to the shipment, and 
to provide a copy of the manifest to the U.S. Customs official at the 
point the waste leaves the United States.
    (d) For hazardous wastes that are discharged in transit, the State 
program must require that transporters notify appropriate State, local, 
and Federal agencies of such discharges, and clean up such wastes, or 
take action so that such wastes do not present a hazard to human health 
or the environment. These requirements shall be equivalent to those 
found at 40 CFR 263.30 and 263.31.
    (e) Unless otherwise provided in part 271, the State program shall 
have standards for transporters which are at least as stringent as any 
amendment to 40 CFR Part 263 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 28686, Aug. 8, 1986; 51 
FR 33722, Sept. 22, 1986]

    Effective Date Note: At 70 FR 10825, Mar. 4, 2005, Sec. 271.11 was 
amended by revising paragraph (c), effective September 6, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 271.11  Requirements for transporters of hazardous waste.

                                * * * * *

    (c)(1) The State must require transporters to carry the manifest 
during transport, except in the case of shipments by rail or water, 
transporters may carry a shipping paper, as specified in 40 CFR 
263.20(e) and (f);
    (2) The State must require the transporter to deliver waste only to 
the facility designated on the manifest, which in the case of return 
shipments of rejected wastes or regulated container residues, may also 
include the original generator of the waste shipment.
    (3) The State program must provide requirements for shipments by 
rail or water

[[Page 367]]

equivalent to those under 40 CFR 263.20(e) and (f).
    (4) For exports of hazardous waste, the state must require the 
transporter to refuse to accept hazardous waste for export if the 
transporter knows the shipment does not conform to the EPA 
Acknowledgment of Consent, to carry an EPA Acknowledgment of Consent to 
the shipment, to sign and date the International Shipments Block of the 
manifest to indicate the date the shipment leaves the U.S., and to 
provide a copy of the manifest to the U.S. Customs official at the point 
the waste leaves the United States.

                                * * * * *