[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR263.20]

[Page 251-253]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 263_STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of 
 
     Subpart B_Compliance With the Manifest System and Recordkeeping
 
Sec. 263.20  The manifest system.


    (a)(1) Manifest requirement. A transporter may not accept hazardous 
waste from a generator unless the transporter is also provided with a 
manifest signed in accordance with the requirements of Sec. 262.23.
    (2) Exports. In the case of exports other than those subject to 
subpart H of 40 CFR part 262, a transporter may not accept such waste 
from a primary exporter or other person if he knows the shipment does 
not conform to the EPA Acknowledgment of Consent; and unless, in 
addition to a manifest signed by the generator as provided in this 
section, the transporter shall also be provided with an EPA 
Acknowledgment of Consent which, except for shipments by rail, is 
attached to the manifest (or shipping paper for exports by water (bulk 
shipment)). For exports of hazardous waste subject to the requirements 
of subpart H of 40 CFR part 262, a transporter may not accept hazardous 
waste without a tracking document that includes all information required 
by 40 CFR 262.84.
    (3) Compliance Date for Form Revisions. The revised Manifest form 
and procedures in 40 CFR 260.10, 261.7, 263.20, and 263.21, shall not 
apply until September 5, 2006. The Manifest form and procedures in 40 
CFR 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts 
260 to 265, edition revised as of July 1, 2004, shall be applicable 
until September 5, 2006.
    (b) Before transporting the hazardous waste, the transporter must 
sign and date the manifest acknowledging acceptance of the hazardous 
waste from the generator. The transporter must return a signed copy to 
the generator before leaving the generator's property.
    (c) The transporter must ensure that the manifest accompanies the 
hazardous waste. In the case of exports, the transporter must ensure 
that a copy of the EPA Acknowledgment of Consent also accompanies the 
hazardous waste.
    (d) A transporter who delivers a hazardous waste to another 
transporter or to the designated facility must:
    (1) Obtain the date of delivery and the handwritten signature of 
that transporter or of the owner or operator of the designated facility 
on the manifest; and
    (2) Retain one copy of the manifest in accordance with Sec. 263.22; 
and
    (3) Give the remaining copies of the manifest to the accepting 
transporter or designated facility.
    (e) The requirements of paragraphs (c), (d) and (f) of this section 
do not apply to water (bulk shipment) transporters if:
    (1) The hazardous waste is delivered by water (bulk shipment) to the 
designated facility; and
    (2) 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

[[Page 252]]

Acknowledgment of Consent accompanies the hazardous waste; and
    (3) The delivering transporter obtains the date of delivery and 
handwritten signature of the owner or operator of the designated 
facility on either the manifest or the shipping paper; and
    (4) The person delivering the hazardous waste to the initial water 
(bulk shipment) transporter obtains the date of delivery and signature 
of the water (bulk shipment) transporter on the manifest and forwards it 
to the designated facility; and
    (5) A copy of the shipping paper or manifest is retained by each 
water (bulk shipment) transporter in accordance with Sec. 263.22.
    (f) For shipments involving rail transportation, the requirements of 
paragraphs (c), (d) and (e) do not apply and the following requirements 
do 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; or,
    (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;
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with Sec. 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.

    Note: 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 Sec. 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 non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with Sec. 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) Transporters who transport hazardous waste out of the United 
States must:
    (1) Sign and date the manifest in the International Shipments block 
to indicate the date that the shipment left the United States;
    (2) Retain one copy in accordance with Sec. 263.22(d);
    (3) Return a signed copy of the manifest to the generator; and
    (4) Give a copy of the manifest to a U.S. Customs official at the 
point of departure from the United States.
    (h) A transporter transporting hazardous waste from a generator who 
generates greater than 100 kilograms but less than 1000 kilograms of 
hazardous waste in a calendar month need not comply with the 
requirements of this section or those of Sec. 263.22 provided that:
    (1) The waste is being transported pursuant to a reclamation 
agreement as provided for in Sec. 262.20(e);
    (2) The transporter records, on a log or shipping paper, the 
following information for each shipment:
    (i) The name, address, and U.S. EPA Identification Number of the 
generator of the waste;
    (ii) The quantity of waste accepted;
    (iii) All DOT-required shipping information;
    (iv) The date the waste is accepted; and

[[Page 253]]

    (3) The transporter carries this record when transporting waste to 
the reclamation facility; and
    (4) The transporter retains these records for a period of at least 
three years after termination or expiration of the agreement.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51 
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr. 
12, 1996; 70 FR 10821, Mar. 4, 2005]