Title 40: Protection of Environment
PART 262—STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subpart E—Exports of Hazardous Waste
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§ 262.54 Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40 CFR 262.20 through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.
(c) In the International Shipments block, the primary exporter must check the export box and enter the point of exit (city and State) from the United States.
(d) The following statement must be added to the end of the first sentence of the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: “and conforms to the terms of the attached EPA Acknowledgment of Consent”;
(e) The primary exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests ( e.g. , states, waste handlers, and/or commercial forms printers).
(f) The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in 40 CFR 264.72(a)) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of §262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with §262.53(c) and obtain an EPA Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and
(3) Instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent to the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter must provide the transporter with an EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with §263.20(g)(4).
[51 FR 28682, Aug. 8, 1986, as amended at 70 FR 10818, Mar. 4, 2005]
