[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.71]

[Page 255-256]
 
                   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.  264.71  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 agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec.  264.72(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) 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 by the manifest or shipping paper was received;
    (2) Note any significant discrepancies (as defined in Sec.  
264.72(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.  264.13(c) include waste analysis 
must perform that analysis before signing the shipping paper and giving 
it to the transporter. Section 264.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]


[[Page 256]]


    (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 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

[Comment: Section 262.23(c) of this chapter requires the generator to 
send three copies of the manifest to the facility when hazardous 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 the 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.
    (e) A facility must determine whether the consignment state for a 
shipment regulates 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.

[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 61 FR 16315, Apr. 12, 1996; 70 FR 10821, Mar. 4, 2005]