[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.20]

[Page 208-209]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of 
 
                         Subpart B_The Manifest
 
Sec. 262.20  General requirements.


    (a)(1) A generator who transports, or offers for transport a 
hazardous waste for offsite treatment, storage, or disposal, or a 
treatment, storage, and disposal facility who offers for transport a 
rejected hazardous waste load, must prepare a Manifest (OMB Control 
number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-
22A, according to the instructions included in the appendix to this 
part.
    (2) The revised manifest form and procedures in 40 CFR 260.10, 
261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, 262.60, and the 
appendix to part 262, shall not apply until September 5, 2006. The 
manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 
262.32, 262.34, 262.54, 262.60, and the Appendix to part 262, contained 
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, 
shall be applicable until September 5, 2006.
    (b) A generator must designate on the manifest one facility which is 
permitted to handle the waste described on the manifest.
    (c) A generator may also designate on the manifest one alternate 
facility which is permitted to handle his waste in the event an 
emergency prevents delivery of the waste to the primary designated 
facility.
    (d) If the transporter is unable to deliver the hazardous waste to 
the designated facility or the alternate facility, the generator must 
either designate another facility or instruct the transporter to return 
the waste.
    (e) The requirements of this subpart do not apply to hazardous waste 
produced by generators of greater than 100 kg but less than 1000 kg in a 
calendar month where:
    (1) The waste is reclaimed under a contractual agreement pursuant to 
which:
    (i) The type of waste and frequency of shipments are specified in 
the agreement;
    (ii) The vehicle used to transport the waste to the recycling 
facility and to deliver regenerated material back to the generator is 
owned and operated by the reclaimer of the waste; and
    (2) The generator maintains a copy of the reclamation agreement in 
his files for a period of at least three years after termination or 
expiration of the agreement.
    (f) The requirements of this subpart and Sec. 262.32(b) do not 
apply to the transport of hazardous wastes on a public or private right-
of-way within or along the border of contiguous property under the 
control of the same person, even if such contiguous property is divided 
by a public or private right-of-way. Notwithstanding 40 CFR 263.10(a),

[[Page 209]]

the generator or transporter must comply with the requirements for 
transporters set forth in 40 CFR 263.30 and 263.31 in the event of a 
discharge of hazardous waste on a public or private right-of-way.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12, 
1997; 70 FR 10815, Mar. 4, 2005; 70 FR 35037, June 16, 2005]