[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR172.205]



[Page 355-356]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING 

REQUIREMENTS--Table of Contents

 

                        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.

    (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



[[Page 356]]



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.

    (i) The shipping description for a hazardous waste must be modified 

as required by Sec. 172.101(c)(9).



[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; 70 FR 34075, June 13, 2005]