PART 262—STANDARDS APPLICA- BLE TO GENERATORS OF HAZ ... · §262.22 Number of copies. The manifest consists of at least the number of copies which will provide the generator, each

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PART 262—STANDARDS APPLICA-BLE TO GENERATORS OF HAZ-ARDOUS WASTE

Subpart A—General

Sec.262.10 Purpose, scope, and applicability.262.11 Hazardous waste determination.262.12 EPA identification numbers.

Subpart B—The Manifest

262.20 General requirements.262.21 Acquisition of manifests.262.22 Number of copies.262.23 Use of the manifest.

Subpart C—Pre-Transport Requirements

262.30 Packaging.262.31 Labeling.262.32 Marking.262.33 Placarding.262.34 Accumulation time.

Subpart D—Recordkeeping and Reporting

262.40 Recordkeeping.262.41 Biennial report.262.42 Exception reporting.262.43 Additional reporting.262.44 Special requirements for generators

of between 100 and 1000 kg/mo.

Subpart E—Exports of Hazardous Waste

262.50 Applicability.262.51 Definitions.262.52 General requirements.262.53 Notification of intent to export.262.54 Special manifest requirements.262.55 Exception reports.262.56 Annual reports.262.57 Recordkeeping.262.58 International agreements.

Subpart F—Imports of Hazardous Waste

262.60 Imports of hazardous waste.

Subpart G—Farmers

262.70 Farmers.

Subpart H—Transfrontier shipments of haz-ardous waste for recovery within theOECD

262.80 Applicability.262.81 Definitions.262.82 General conditions.262.83 Notification and consent.262.84 Tracking document.262.85 Contracts.262.86 Provisions relating to recognized

traders.

262.87 Reporting and recordkeeping.262.88 Pre-approval for U.S. Recovery Fa-

cilities (Reserved).262.89 OECD Waste Lists.

APPENDIX TO PART 262—UNIFORM HAZARDOUSWASTE MANIFEST AND INSTRUCTIONS (EPAFORMS 8700–22 AND 8700–22A AND THEIR IN-STRUCTIONS)

AUTHORITY: 42 U.S.C 6906, 6912, 6922-6925,6937, and 6938.

SOURCE: 45 FR 33142, May 19, 1980, unlessotherwise noted.

Subpart A—General

§ 262.10 Purpose, scope, and applica-bility.

(a) These regulations establish stand-ards for generators of hazardous waste.

(b) 40 CFR 261.5(c) and (d) must beused to determine the applicability ofprovisions of this part that are depend-ent on calculations of the quantity ofhazardous waste generated per month.

(c) A generator who treats, stores, ordisposes of hazardous waste on-sitemust only comply with the followingsections of this part with respect tothat waste: Section 262.11 for deter-mining whether or not he has a haz-ardous waste, § 262.12 for obtaining anEPA identification number, § 262.34 foraccumulation of hazardous waste,§ 262.40 (c) and (d) for recordkeeping,§ 262.43 for additional reporting, and ifapplicable, § 262.70 for farmers.

(d) Any person who exports or im-ports hazardous waste subject to theFederal manifesting requirements ofpart 262, or subject to the universalwaste management standards of 40 CFRPart 273, or subject to State require-ments analogous to 40 CFR Part 273, toor from the countries listed in§ 262.58(a)(1) for recovery must complywith subpart H of this part.

(e) Any person who imports haz-ardous waste into the United Statesmust comply with the standards appli-cable to generators established in thispart.

(f) A farmer who generates waste pes-ticides which are hazardous waste andwho complies with all of the require-ments of § 262.70 is not required to com-ply with other standards in this part or40 CFR parts 270, 264, 265, or 268 with re-spect to such pesticides.

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40 CFR Ch. I (7–1–99 Edition)§ 262.11

(g) A person who generates a haz-ardous waste as defined by 40 CFR part261 is subject to the compliance re-quirements and penalties prescribed insection 3008 of the Act if he does notcomply with the requirements of thispart.

(h) An owner or operator who initi-ates a shipment of hazardous wastefrom a treatment, storage, or disposalfacility must comply with the gener-ator standards established in this part.

(i) Persons responding to an explo-sives or munitions emergency in ac-cordance with 40 CFR 264.1(g)(8)(i)(D)or (iv) or 265.1(c)(11)(i)(D) or (iv), and270.1(c)(3)(i)(D) or (iii) are not requiredto comply with the standards of thispart.

NOTE 1: The provisions of § 262.34 areapplicable to the on-site accumulationof hazardous waste by generators.Therefore, the provisions of § 262.34only apply to owners or operators whoare shipping hazardous waste whichthey generated at that facility.

NOTE 2: A generator who treats,stores, or disposes of hazardous wasteon-site must comply with the applica-ble standards and permit requirementsset forth in 40 CFR parts 264, 265, 266,268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45FR 86970, Dec. 31, 1980; 47 FR 1251, Jan. 11,1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164,July 19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR25541, May 11, 1995; 61 FR 16309, Apr. 12, 1996;62 FR 6651, Feb. 12, 1997]

§ 262.11 Hazardous waste determina-tion.

A person who generates a solid waste,as defined in 40 CFR 261.2, must deter-mine if that waste is a hazardous wasteusing the following method:

(a) He should first determine if thewaste is excluded from regulationunder 40 CFR 261.4.

(b) He must then determine if thewaste is listed as a hazardous waste insubpart D of 40 CFR part 261.

NOTE: Even if the waste is listed, the gen-erator still has an opportunity under 40 CFR260.22 to demonstrate to the Administratorthat the waste from his particular facility oroperation is not a hazardous waste.

(c) For purposes of compliance with40 CFR part 268, or if the waste is notlisted in subpart D of 40 CFR part 261,the generator must then determine

whether the waste is identified in sub-part C of 40 CFR part 261 by either:

(1) Testing the waste according tothe methods set forth in subpart C of 40CFR part 261, or according to an equiv-alent method approved by the Adminis-trator under 40 CFR 260.21; or

(2) Applying knowledge of the hazardcharacteristic of the waste in light ofthe materials or the processes used.

(d) If the waste is determined to behazardous, the generator must refer toparts 261, 264, 265, 266, 268, and 273 ofthis chapter for possible exclusions orrestrictions pertaining to managementof the specific waste.

[45 FR 33142, May 19, 1980, as amended at 45FR 76624, Nov. 19, 1980; 51 FR 40637, Nov. 7,1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan.31, 1991; 60 FR 25541, May 11, 1995]

§ 262.12 EPA identification numbers.(a) A generator must not treat, store,

dispose of, transport, or offer for trans-portation, hazardous waste withouthaving received an EPA identificationnumber from the Administrator.

(b) A generator who has not receivedan EPA identification number may ob-tain one by applying to the Adminis-trator using EPA form 8700–12. Upon re-ceiving the request the Administratorwill assign an EPA identification num-ber to the generator.

(c) A generator must not offer hishazardous waste to transporters or totreatment, storage, or disposal facili-ties that have not received an EPAidentification number.

Subpart B—The Manifest

§ 262.20 General requirements.(a) A generator who transports, or of-

fers for transportation, hazardouswaste for offsite treatment, storage, ordisposal must prepare a Manifest OMBcontrol number 2050–0039 on EPA form8700–22, and, if necessary, EPA form8700–22A, according to the instructionsincluded in the appendix to part 262.

(b) A generator must designate onthe manifest one facility which is per-mitted to handle the waste describedon the manifest.

(c) A generator may also designateon the manifest one alternate facilitywhich is permitted to handle his waste

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Environmental Protection Agency, EPA § 262.23

in the event an emergency prevents de-livery of the waste to the primary des-ignated facility.

(d) If the transporter is unable to de-liver the hazardous waste to the des-ignated facility or the alternate facil-ity, the generator must either des-ignate another facility or instruct thetransporter to return the waste.

(e) The requirements of this subpartdo not apply to hazardous waste pro-duced by generators of greater than 100kg but less than 1000 kg in a calendarmonth where:

(1) The waste is reclaimed under acontractual agreement pursuant towhich:

(i) The type of waste and frequency ofshipments are specified in the agree-ment;

(ii) The vehicle used to transport thewaste to the recycling facility and todeliver regenerated material back tothe generator is owned and operated bythe reclaimer of the waste; and

(2) The generator maintains a copy ofthe reclamation agreement in his filesfor a period of at least three years aftertermination or expiration of the agree-ment.

(f) The requirements of this subpartand § 262.32(b) do not apply to the trans-port of hazardous wastes on a public orprivate right-of-way within or alongthe border of contiguous propertyunder the control of the same person,even if such contiguous property is di-vided by a public or private right-of-way. Notwithstanding 40 CFR 263.10(a),the generator or transporter must com-ply with the requirements for trans-porters set forth in 40 CFR 263.30 and263.31 in the event of a discharge ofhazardous waste on a public or privateright-of-way.

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

§ 262.21 Acquisition of manifests.(a) If the State to which the ship-

ment is manifested (consignmentState) supplies the manifest and re-quires its use, then the generator mustuse that manifest.

(b) If the consignment State does notsupply the manifest, but the State inwhich the generator is located (gener-

ator State) supplies the manifest andrequires its use, then the generatormust use that State’s manifest.

(c) If neither the generator State northe consignment State supplies themanifest, then the generator may ob-tain the manifest from any source.

[49 FR 10500, Mar. 20, 1984]

§ 262.22 Number of copies.The manifest consists of at least the

number of copies which will providethe generator, each transporter, andthe owner or operator of the designatedfacility with one copy each for theirrecords and another copy to be re-turned to the generator.

§ 262.23 Use of the manifest.(a) The generator must:(1) Sign the manifest certification by

hand; and(2) Obtain the handwritten signature

of the initial transporter and date ofacceptance on the manifest; and

(3) Retain one copy, in accordancewith § 262.40(a).

(b) The generator must give thetransporter the remaining copies of themanifest.

(c) For shipments of hazardous wastewithin the United States solely bywater (bulk shipments only), the gener-ator must send three copies of themanifest dated and signed in accord-ance with this section to the owner oroperator of the designated facility orthe last water (bulk shipment) trans-porter to handle the waste in theUnited States if exported by water.Copies of the manifest are not requiredfor each transporter.

(d) For rail shipments of hazardouswaste within the United States whichoriginate at the site of generation, thegenerator must send at least three cop-ies of the manifest dated and signed inaccordance with this section to:

(1) The next non-rail transporter, ifany; or

(2) The designated facility if trans-ported solely by rail; or

(3) The last rail transporter to handlethe waste in the United States if ex-ported by rail.

(e) For shipments of hazardous wasteto a designated facility in an author-ized State which has not yet obtained

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40 CFR Ch. I (7–1–99 Edition)§ 262.30

authorization to regulate that par-ticular waste as hazardous, the gener-ator must assure that the designatedfacility agrees to sign and return themanifest to the generator, and thatany out-of-state transporter signs andforwards the manifest to the des-ignated facility.

NOTE: See § 263.20(e) and (f) for special pro-visions for rail or water (bulk shipment)transporters.

[45 FR 33142, May 19, 1980, as amended at 45FR 86973, Dec. 31, 1980; 55 FR 2354, Jan. 23,1990]

Subpart C—Pre-TransportRequirements

§ 262.30 Packaging.Before transporting hazardous waste

or offering hazardous waste for trans-portation off-site, a generator mustpackage the waste in accordance withthe applicable Department of Transpor-tation regulations on packaging under49 CFR parts 173, 178, and 179.

§ 262.31 Labeling.Before transporting or offering haz-

ardous waste for transportation off-site, a generator must label each pack-age in accordance with the applicableDepartment of Transportation regula-tions on hazardous materials under 49CFR part 172.

§ 262.32 Marking.(a) Before transporting or offering

hazardous waste for transportation off-site, a generator must mark each pack-age of hazardous waste in accordancewith the applicable Department ofTransportation regulations on haz-ardous materials under 49 CFR part 172;

(b) Before transporting hazardouswaste or offering hazardous waste fortransportation off-site, a generatormust mark each container of 110 gal-lons or less used in such transportationwith the following words and informa-tion displayed in accordance with therequirements of 49 CFR 172.304:

HAZARDOUS WASTE—Federal LawProhibits Improper Disposal. If found,contact the nearest police or publicsafety authority or the U.S. Environ-mental Protection Agency.Generator’s Name and Address—————.Manifest Document Number——————.

§ 262.33 Placarding.Before transporting hazardous waste

or offering hazardous waste for trans-portation off-site, a generator mustplacard or offer the initial transporterthe appropriate placards according toDepartment of Transportation regula-tions for hazardous materials under 49CFR part 172, subpart F.

§ 262.34 Accumulation time.(a) Except as provided in paragraphs

(d), (e), and (f) of this section, a gener-ator may accumulate hazardous wasteon-site for 90 days or less without apermit or without having interim sta-tus, provided that:

(1) The waste is placed:(i) In containers and the generator

complies with the applicable require-ments of subparts I, AA, BB, and CC of40 CFR part 265; and/or

(ii) In tanks and the generator com-plies with the applicable requirementsof subparts J, AA, BB, and CC of 40CFR part 265 except §§ 265.197(c) and265.200; and/or

(iii) On drip pads and the generatorcomplies with subpart W of 40 CFR part265 and maintains the following recordsat the facility:

(A) A description of procedures thatwill be followed to ensure that allwastes are removed from the drip padand associated collection system atleast once every 90 days; and

(B) Documentation of each waste re-moval, including the quantity of wasteremoved from the drip pad and thesump or collection system and the dateand time of removal; and/or

(iv) The waste is placed in contain-ment buildings and the generator com-plies with subpart DD of 40 CFR part265, has placed its professional engineercertification that the building com-plies with the design standards speci-fied in 40 CFR 265.1101 in the facility’soperating record no later than 60 daysafter the date of initial operation ofthe unit. After February 18, 1993, PEcertification will be required prior tooperation of the unit. The owner or op-erator shall maintain the followingrecords at the facility:

(A) A written description of proce-dures to ensure that each waste volumeremains in the unit for no more than 90days, a written description of the waste

5


generation and management practicesfor the facility showing that they areconsistent with respecting the 90 daylimit, and documentation that the pro-cedures are complied with; or

(B) Documentation that the unit isemptied at least once every 90 days.In addition, such a generator is exemptfrom all the requirements in subpartsG and H of 40 CFR part 265, except for§§ 265.111 and 265.114.

(2) The date upon which each periodof accumulation begins is clearlymarked and visible for inspection oneach container;

(3) While being accumulated on-site,each container and tank is labeled ormarked clearly with the words, ‘‘Haz-ardous Waste’’; and

(4) The generator complies with therequirements for owners or operatorsin subparts C and D in 40 CFR part 265,with § 265.16, and with 40 CFR268.7(a)(4).

(b) A generator who accumulates haz-ardous waste for more than 90 days isan operator of a storage facility and issubject to the requirements of 40 CFRparts 264 and 265 and the permit re-quirements of 40 CFR part 270 unless hehas been granted an extension to the90-day period. Such extension may begranted by EPA if hazardous wastesmust remain on-site for longer than 90days due to unforeseen, temporary, anduncontrollable circumstances. An ex-tension of up to 30 days may be grantedat the discretion of the Regional Ad-ministrator on a case-by-case basis.

(c)(1) A generator may accumulate asmuch as 55 gallons of hazardous wasteor one quart of acutely hazardouswaste listed in § 261.33(e) in containersat or near any point of generationwhere wastes initially accumulate,which is under the control of the oper-ator of the process generating thewaste, without a permit or interim sta-tus and without complying with para-graph (a) of this section provided he:

(i) Complies with §§ 265.171, 265.172,and 265.173(a) of this chapter; and

(ii) Marks his containers either withthe words ‘‘Hazardous Waste’’ or withother words that identify the contentsof the containers.

(2) A generator who accumulates ei-ther hazardous waste or acutely haz-ardous waste listed in § 261.33(e) in ex-

cess of the amounts listed in paragraph(c)(1) of this section at or near anypoint of generation must, with respectto that amount of excess waste, complywithin three days with paragraph (a) ofthis section or other applicable provi-sions of this chapter. During the threeday period the generator must con-tinue to comply with paragraphs(c)(1)(i) through (ii) of this section. Thegenerator must mark the containerholding the excess accumulation ofhazardous waste with the date the ex-cess amount began accumulating.

(d) A generator who generates great-er than 100 kilograms but less than 1000kilograms of hazardous waste in a cal-endar month may accumulate haz-ardous waste on-site for 180 days or lesswithout a permit or without having in-terim status provided that:

(1) The quantity of waste accumu-lated on-site never exceeds 6000 kilo-grams;

(2) The generator complies with therequirements of subpart I of part 265 ofthis chapter, except for §§ 265.176 and265.178;

(3) The generator complies with therequirements of § 265.201 in subpart J ofpart 265;

(4) The generator complies with therequirements of paragraphs (a)(2) and(a)(3) of this section, the requirementsof subpart C of part 265, the require-ments of 40 CFR 268.7(a)(5); and

(5) The generator complies with thefollowing requirements:

(i) At all times there must be at leastone employee either on the premises oron call (i.e., available to respond to anemergency by reaching the facilitywithin a short period of time) with theresponsibility for coordinating allemergency response measures specifiedin paragraph (d)(5)(iv) of this section.This employee is the emergency coor-dinator.

(ii) The generator must post the fol-lowing information next to the tele-phone:

(A) The name and telephone numberof the emergency coordinator;

(B) Location of fire extinguishers andspill control material, and, if present,fire alarm; and

(C) The telephone number of the firedepartment, unless the facility has adirect alarm.

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40 CFR Ch. I (7–1–99 Edition)§ 262.40

(iii) The generator must ensure thatall employees are thoroughly familiarwith proper waste handling and emer-gency procedures, relevant to their re-sponsibilities during normal facilityoperations and emergencies;

(iv) The emergency coordinator orhis designee must respond to any emer-gencies that arise. The applicable re-sponses are as follows:

(A) In the event of a fire, call the firedepartment or attempt to extinguish itusing a fire extinguisher;

(B) In the event of a spill, contain theflow of hazardous waste to the extentpossible, and as soon as is practicable,clean up the hazardous waste and anycontaminated materials or soil;

(C) In the event of a fire, explosion,or other release which could threatenhuman health outside the facility orwhen the generator has knowledge thata spill has reached surface water, thegenerator must immediately notify theNational Response Center (using their24-hour toll free number 800/424–8802).The report must include the followinginformation:

(1) The name, address, and U.S. EPAIdentificationNumberof thegenerator;

(2) Date, time, and type of incident(e.g., spill or fire);

(3) Quantity and type of hazardouswaste involved in the incident;

(4) Extent of injuries, if any; and(5) Estimated quantity and disposi-

tion of recovered materials, if any.(e) A generator who generates great-

er than 100 kilograms but less than 1000kilograms of hazardous waste in a cal-endar month and who must transporthis waste, or offer his waste for trans-portation, over a distance of 200 milesor more for off-site treatment, storageor disposal may accumulate hazardouswaste on-site for 270 days or less with-out a permit or without having interimstatus provided that he complies withthe requirements of paragraph (d) ofthis section.

(f) A generator who generates greaterthan 100 kilograms but less than 1000kilograms of hazardous waste in a cal-endar month and who accumulates haz-ardous waste in quantities exceeding6000 kg or accumulates hazardouswaste for more than 180 days (or formore than 270 days if he must trans-port his waste, or offer his waste for

transportation, over a distance of 200miles or more) is an operator of a stor-age facility and is subject to the re-quirements of 40 CFR parts 264 and 265and the permit requirements of 40 CFRpart 270 unless he has been granted anextension to the 180-day (or 270-day ifapplicable) period. Such extension maybe granted by EPA if hazardous wastesmust remain on-site for longer than 180days (or 270 days if applicable) due tounforeseen, temporary, and uncontrol-lable circumstances. An extension ofup to 30 days may be granted at thediscretion of the Regional Adminis-trator on a case-by-case basis.

[47 FR 1251, Jan. 11, 1982, as amended at 48FR 14294, Apr. 1, 1983; 49 FR 49571, Dec. 20,1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472,July 14, 1986; 55 FR 22684, June 1, 1990; 55 FR50483, Dec. 6, 1990; 56 FR 3877, Jan. 31, 1991; 56FR 30195, July 1, 1991; 57 FR 37264, Aug. 18,1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb.9, 1996; 61 FR 59950, Nov. 25, 1996; 64 FR 3388,Jan. 21, 1999; 64 FR 25414, May 11, 1999]

Subpart D—Recordkeeping andReporting

§ 262.40 Recordkeeping.

(a) A generator must keep a copy ofeach manifest signed in accordancewith § 262.23(a) for three years or untilhe receives a signed copy from the des-ignated facility which received thewaste. This signed copy must be re-tained as a record for at least threeyears from the date the waste was ac-cepted by the initial transporter.

(b) A generator must keep a copy ofeach Biennial Report and ExceptionReport for a period of at least threeyears from the due date of the report.

(c) A generator must keep records ofany test results, waste analyses, orother determinations made in accord-ance with § 262.11 for at least threeyears from the date that the waste waslast sent to on-site or off-site treat-ment, storage, or disposal.

(d) The periods or retention referredto in this section are extended auto-matically during the course of any un-resolved enforcement action regardingthe regulated activity or as requestedby the Administrator.

[45 FR 33142, May 19, 1980, as amended at 48FR 3981, Jan. 28, 1983]

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§ 262.41 Biennial report.

(a) A generator who ships any haz-ardous waste off-site to a treatment,storage or disposal facility within theUnited States must prepare and submita single copy of a Biennial Report tothe Regional Administrator by March 1of each even numbered year. The Bien-nial Report must be submitted on EPAForm 8700–13A, must cover generatoractivities during the previous year, andmust include the following informa-tion:

(1) The EPA identification number,name, and address of the generator;

(2) The calendar year covered by thereport;

(3) The EPA identification number,name, and address for each off-sitetreatment, storage, or disposal facilityin the United States to which wastewas shipped during the year;

(4) The name and EPA identificationnumber of each transporter used duringthe reporting year for shipments to atreatment, storage or disposal facilitywithin the United States;

(5) A description, EPA hazardouswaste number (from 40 CFR part 261,subpart C or D), DOT hazard class, andquantity of each hazardous wasteshipped off-site for shipments to atreatment, storage or disposal facilitywithin the United States. This infor-mation must be listed by EPA identi-fication number of each such off-sitefacility to which waste was shipped.

(6) A description of the efforts under-taken during the year to reduce thevolume and toxicity of waste gen-erated.

(7) A description of the changes involume and toxicity of waste actuallyachieved during the year in comparisonto previous years to the extent such in-formation is available for years priorto 1984.

(8) The certification signed by thegenerator or authorized representative.

(b) Any generator who treats, stores,or disposes of hazardous waste on-sitemust submit a biennial report coveringthose wastes in accordance with theprovisions of 40 CFR parts 270, 264, 265,and 266. Reporting for exports of haz-ardous waste is not required on the Bi-ennial Report form. A separate annual

report requirement is set forth at 40CFR 262.56.

[48 FR 3981, Jan. 28, 1983, as amended at 48FR 14294, Apr. 1, 1983; 50 FR 28746, July 15,1985; 51 FR 28682, Aug. 8, 1986]

§ 262.42 Exception reporting.

(a)(1) A generator of greater than 1000kilograms of hazardous waste in a cal-endar month who does not receive acopy of the manifest with the hand-written signature of the owner or oper-ator of the designated facility within 35days of the date the waste was accept-ed by the initial transporter must con-tact the transporter and/or the owneror operator of the designated facilityto determine the status of the haz-ardous waste.

(2) A generator of greater than 1000kilograms of hazardous waste in a cal-endar month must submit an Excep-tion Report to the EPA Regional Ad-ministrator for the Region in whichthe generator is located if he has notreceived a copy of the manifest withthe handwritten signature of the owneror operator of the designated facilitywithin 45 days of the date the wastewas accepted by the initial transporter.The Exception Report must include:

(i) A legible copy of the manifest forwhich the generator does not have con-firmation of delivery;

(ii) A cover letter signed by the gen-erator or his authorized representativeexplaining the efforts taken to locatethe hazardous waste and the results ofthose efforts.

(b) A generator of greater than 100kilograms but less than 1000 kilogramsof hazardous waste in a calendar monthwho does not receive a copy of themanifest with the handwritten signa-ture of the owner or operator of thedesignated facility within 60 days ofthe date the waste was accepted by theinitial transporter must submit a leg-ible copy of the manifest, with someindication that the generator has notreceived confirmation of delivery, tothe EPA Regional Administrator forthe Region in which the generator islocated.

NOTE: The submission to EPA need only bea handwritten or typed note on the manifest

8

40 CFR Ch. I (7–1–99 Edition)§ 262.43

itself, or on an attached sheet of paper, stat-ing that the return copy was not received.

[52 FR 35898, Sept. 23, 1987]

§ 262.43 Additional reporting.

The Administrator, as he deems nec-essary under sections 2002(a) and 3002(6)of the Act, may require generators tofurnish additional reports concerningthe quantities and disposition ofwastes identified or listed in 40 CFRpart 261.

§ 262.44 Special requirements for gen-erators of between 100 and 1000 kg/mo.

A generator of greater than 100 kilo-grams but less than 1000 kilograms ofhazardous waste in a calendar month issubject only to the following require-ments in this subpart:

(a) Section 262.40(a), (c), and (d), rec-ordkeeping;

(b) Section 262.42(b), exception re-porting; and

(c) Section 262.43, additional report-ing.

[52 FR 35899, Sept. 23, 1987]

Subpart E—Exports of HazardousWaste

SOURCE: 51 FR 28682, Aug. 8, 1986, unlessotherwise noted.

§ 262.50 Applicability.

This subpart establishes require-ments applicable to exports of haz-ardous waste. Except to the extent§ 262.58 provides otherwise, a primaryexporter of hazardous waste must com-ply with the special requirements ofthis subpart and a transporter trans-porting hazardous waste for exportmust comply with applicable require-ments of part 263. Section 262.58 setsforth the requirements of internationalagreements between the United Statesand receiving countries which establishdifferent notice, export, and enforce-ment procedures for the transpor-tation, treatment, storage and disposalof hazardous waste for shipments be-tween the United States and thosecountries.

§ 262.51 Definitions.

In addition to the definitions setforth at 40 CFR 260.10, the followingdefinitions apply to this subpart:

Consignee means the ultimate treat-ment, storage or disposal facility in areceiving country to which the haz-ardous waste will be sent.

EPA Acknowledgement of Consentmeans the cable sent to EPA from theU.S. Embassy in a receiving countrythat acknowledges the written consentof the receiving country to accept thehazardous waste and describes theterms and conditions of the receivingcountry’s consent to the shipment.

Primary Exporter means any personwho is required to originate the mani-fest for a shipment of hazardous wastein accordance with 40 CFR part 262,subpart B, or equivalent State provi-sion, which specifies a treatment, stor-age, or disposal facility in a receivingcountry as the facility to which thehazardous waste will be sent and anyintermediary arranging for the export.

Receiving country means a foreigncountry to which a hazardous waste issent for the purpose of treatment, stor-age or disposal (except short-term stor-age incidental to transportation).

Transit country means any foreigncountry, other than a receiving coun-try, through which a hazardous wasteis transported.

[53 FR 27164, July 19, 1988]

§ 262.52 General requirements.

Exports of hazardous waste are pro-hibited except in compliance with theapplicable requirements of this subpartand part 263. Exports of hazardouswaste are prohibited unless:

(a) Notification in accordance with§ 262.53 has been provided;

(b) The receiving country has con-sented to accept the hazardous waste;

(c) A copy of the EPA Acknowledg-ment of Consent to the shipment ac-companies the hazardous waste ship-ment and, unless exported by rail, isattached to the manifest (or shippingpaper for exports by water (bulk ship-ment)).

(d) The hazardous waste shipmentconforms to the terms of the receivingcountry’s written consent as reflected

9


in the EPA Acknowledgment of Con-sent.

§ 262.53 Notification of intent to ex-port.

(a) A primary exporter of hazardouswaste must notify EPA of an intendedexport before such waste is scheduledto leave the United States. A completenotification should be submitted sixty(60) days before the initial shipment isintended to be shipped off site. This no-tification may cover export activitiesextending over a twelve (12) month orlesser period. The notification must bein writing, signed by the primary ex-porter, and include the following infor-mation:

(1) Name, mailing address, telephonenumber and EPA ID number of the pri-mary exporter;

(2) By consignee, for each hazardouswaste type:

(i) A description of the hazardouswaste and the EPA hazardous wastenumber (from 40 CFR part 261, subpartsC and D), U.S. DOT proper shippingname, hazard class and ID number (UN/NA) for each hazardous waste as identi-fied in 49 CFR parts 171 through 177;

(ii) The estimated frequency or rateat which such waste is to be exportedand the period of time over which suchwaste is to be exported.

(iii) The estimated total quantity ofthe hazardous waste in units as speci-fied in the instructions to the UniformHazardous Waste Manifest Form (8700–22);

(iv) All points of entry to and depar-ture from each foreign country throughwhich the hazardous waste will pass;

(v) A description of the means bywhich each shipment of the hazardouswaste will be transported (e.g., mode oftransportation vehicle (air, highway,rail, water, etc.), type(s) of container(drums, boxes, tanks, etc.));

(vi) A description of the manner inwhich the hazardous waste will betreated, stored or disposed of in the re-ceiving country (e.g., land or ocean in-cineration, other land disposal, oceandumping, recycling);

(vii) The name and site address of theconsignee and any alternate consignee;and

(viii) The name of any transit coun-tries through which the hazardous

waste will be sent and a description ofthe approximate length of time thehazardous waste will remain in suchcountry and the nature of its handlingwhile there;

(b) Notifications submitted by mailshould be sent to the following mailingaddress: Office of Enforcement andCompliance Assurance, Office of Com-pliance, Enforcement Planning, Tar-geting, and Data Division (2222A), En-vironmental Protection Agency, 401 MSt., SW., Washington, DC 20460. Hand-delivered notifications should be sentto: Office of Enforcement and Compli-ance Assurance, Office of Compliance,Enforcement Planning, Targeting, andData Division (2222A), EnvironmentalProtection Agency, Ariel Rios Bldg.,12th St. and Pennsylvania Ave., NW.,Washington, DC. In both cases, the fol-lowing shall be prominently displayedon the front of the envelope: ‘‘Atten-tion: Notification of Intent to Export.’’

(c) Except for changes to the tele-phone number in paragraph (a)(1) ofthis section, changes to paragraph(a)(2)(v) of this section and decreases inthe quantity indicated pursuant toparagraph (a)(2)(iii) of this sectionwhen the conditions specified on theoriginal notification change (includingany exceedance of the estimate of thequantity of hazardous waste specifiedin the original notification), the pri-mary exporter must provide EPA witha written renotification of the change.The shipment cannot take place untilconsent of the receiving country to thechanges (except for changes to para-graph (a)(2)(viii) of this section and inthe ports of entry to and departurefrom transit countries pursuant toparagraph (a)(2)(iv) of this section) hasbeen obtained and the primary ex-porter receives an EPA Acknowledg-ment of Consent reflecting the receiv-ing country’s consent to the changes.

(d) Upon request by EPA, a primaryexporter shall furnish to EPA any addi-tional information which a receivingcountry requests in order to respond toa notification.

(e) In conjunction with the Depart-ment of State, EPA will provide a com-plete notification to the receivingcountry and any transit countries. A

10

40 CFR Ch. I (7–1–99 Edition)§ 262.54

notification is complete when EPA re-ceives a notification which EPA deter-mines satisfies the requirements ofparagraph (a) of this section. Where aclaim of confidentiality is assertedwith respect to any notification infor-mation required by paragraph (a) ofthis section, EPA may find the notifi-cation not complete until any suchclaim is resolved in accordance with 40CFR 260.2.

(f) Where the receiving country con-sents to the receipt of the hazardouswaste, EPA will forward an EPA Ac-knowledgment of Consent to the pri-mary exporter for purposes of§ 262.54(h). Where the receiving countryobjects to receipt of the hazardouswaste or withdraws a prior consent,EPA will notify the primary exporterin writing. EPA will also notify theprimary exporter of any responses fromtransit countries.

[51 FR 28682, Aug. 8, 1986, as amended at 56FR 43705, Sept. 4, 1991; 61 FR 16309, Apr. 12,1996]

§ 262.54 Special manifest require-ments.

A primary exporter must complywith the manifest requirements of 40CFR 262.20 through 262.23 except that:

(a) In lieu of the name, site addressand EPA ID number of the designatedpermitted facility, the primary ex-porter must enter the name and siteaddress of the consignee;

(b) In lieu of the name, site addressand EPA ID number of a permitted al-ternate facility, the primary exportermay enter the name and site address ofany alternate consignee.

(c) In Special Handling Instructionsand Additional Information, the pri-mary exporter must identify the pointof departure from the United States;

(d) The following statement must beadded to the end of the first sentence ofthe certification set forth in Item 16 ofthe Uniform Hazardous Waste ManifestForm: ‘‘and conforms to the terms ofthe attached EPA Acknowledgment ofConsent’’;

(e) In lieu of the requirements of§ 262.21, the primary exporter must ob-tain the manifest form from the pri-mary exporter’s State if that Statesupplies the manifest form and requiresits use. If the primary exporter’s State

does not supply the manifest form, theprimary exporter may obtain a mani-fest form from any source.

(f) The primary exporter must re-quire the consignee to confirm in writ-ing the delivery of the hazardous wasteto that facility and to describe any sig-nificant discrepancies (as defined in 40CFR 264.72(a)) between the manifestand the shipment. A copy of the mani-fest signed by such facility may beused to confirm delivery of the haz-ardous waste.

(g) In lieu of the requirements of§ 262.20(d), where a shipment cannot bedelivered for any reason to the des-ignated or alternate consignee, the pri-mary exporter must:

(1) Renotify EPA of a change in theconditions of the original notificationto allow shipment to a new consigneein accordance with § 262.53(c) and ob-tain an EPA Acknowledgment of Con-sent prior to delivery; or

(2) Instruct the transporter to returnthe waste to the primary exporter inthe United States or designate anotherfacility within the United States; and

(3) Instruct the transporter to revisethe manifest in accordance with theprimary exporter’s instructions.

(h) The primary exporter must at-tach a copy of the EPA Acknowledg-ment of Consent to the shipment to themanifest which must accompany thehazardous waste shipment. For exportsby rail or water (bulk shipment), theprimary exporter must provide thetransporter with an EPA Acknowledg-ment of Consent which must accom-pany the hazardous waste but whichneed not be attached to the manifestexcept that for exports by water (bulkshipment) the primary exporter mustattach the copy of the EPA Acknowl-edgment of Consent to the shippingpaper.

(i) The primary exporter shall pro-vide the transporter with an additionalcopy of the manifest for delivery to theU.S. Customs official at the point thehazardous waste leaves the UnitedStates in accordance with § 263.20(g)(4).

§ 262.55 Exception reports.

In lieu of the requirements of § 262.42,a primary exporter must file an excep-tion report with the Administrator if:

11


(a) He has not received a copy of themanifest signed by the transporterstating the date and place of departurefrom the United States within forty-five (45) days from the date it was ac-cepted by the initial transporter;

(b) Within ninety (90) days from thedate the waste was accepted by the ini-tial transporter, the primary exporterhas not received written confirmationfrom the consignee that the hazardouswaste was received;

(c) The waste is returned to theUnited States.

§ 262.56 Annual reports.(a) Primary exporters of hazardous

waste shall file with the Administratorno later than March 1 of each year, areport summarizing the types, quan-tities, frequency, and ultimate destina-tion of all hazardous waste exportedduring the previous calendar year.Such reports shall include the fol-lowing:

(1) The EPA identification number,name, and mailing and site address ofthe exporter;


(3) The name and site address of eachconsignee;

(4) By consignee, for each hazardouswaste exported, a description of thehazardous waste, the EPA hazardouswaste number (from 40 CFR part 261,subpart C or D), DOT hazard class, thename and US EPA ID number (whereapplicable) for each transporter used,the total amount of waste shipped andnumber of shipments pursuant to eachnotification;

(5) Except for hazardous waste pro-duced by exporters of greater than 100kg but less than 1000 kg in a calendarmonth, unless provided pursuant to§ 262.41, in even numbered years:

(i) A description of the efforts under-taken during the year to reduce thevolume and toxicity of waste gen-erated; and

(ii) A description of the changes involume and toxicity of waste actuallyachieved during the year in comparisonto previous years to the extent such in-formation is available for years priorto 1984.

(6) A certification signed by the pri-mary exporter which states:

I certify under penalty of law that Ihave personally examined and am fa-miliar with the information submittedin this and all attached documents, andthat based on my inquiry of those indi-viduals immediately responsible for ob-taining the information, I believe thatthe submitted information is true, ac-curate, and complete. I am aware thatthere are significant penalties for sub-mitting false information including thepossibility of fine and imprisonment.

(b) Annual reports submitted by mailshould be sent to the following mailingaddress: Office of Enforcement andCompliance Assurance, Office of Com-pliance, Enforcement Planning, Tar-geting, and Data Division (2222A), En-vironmental Protection Agency, 401 MSt., SW., Washington, DC 20460. Hand-delivered reports should be sent to: Of-fice of Enforcement and ComplianceAssurance, Office of Compliance, En-forcement Planning, Targeting, andData Division (2222A), EnvironmentalProtection Agency, Ariel Rios Bldg.,12th St. and Pennsylvania Ave., NW.,Washington, DC.

[51 FR 28682, Aug. 8, 1986, as amended at 56FR 43705, Sept. 4, 1991; 61 FR 16309, Apr. 12,1996]

§ 262.57 Recordkeeping.(a) For all exports a primary exporter

must:(1) Keep a copy of each notification of

intent to export for a period of at leastthree years from the date the haz-ardous waste was accepted by the ini-tial transporter;

(2) Keep a copy of each EPA Ac-knowledgment of Consent for a periodof at least three years from the datethe hazardous waste was accepted bythe initial transporter;

(3) Keep a copy of each confirmationof delivery of the hazardous waste fromthe consignee for at least three yearsfrom the date the hazardous waste wasaccepted by the initial transporter; and

(4) Keep a copy of each annual reportfor a period of at least three years fromthe due date of the report.

(b) The periods of retention referredto in this section are extended auto-matically during the course of any un-resolved enforcement action regardingthe regulated activity or as requestedby the Administrator.

12

40 CFR Ch. I (7–1–99 Edition)§ 262.58

§ 262.58 International agreements.

(a) Any person who exports or im-ports hazardous waste subject to Fed-eral manifest requirements of Part 262,or subject to the universal waste man-agement standards of 40 CFR Part 273,or subject to State requirements analo-gous to 40 CFR Part 273, to or from des-ignated member countries of the Orga-nization for Economic Cooperation andDevelopment (OECD) as defined inparagraph (a)(1) of this section for pur-poses of recovery is subject to SubpartH of this part. The requirements ofSubparts E and F do not apply.

(1) For the purposes of this Subpart,the designated OECD countries consistof Australia, Austria, Belgium, Den-mark, Finland, France, Germany,Greece, Iceland, Ireland, Italy, Japan,Luxembourg, Netherlands, New Zea-land, Norway, Portugal, Spain, Swe-den, Switzerland, Turkey, United King-dom, and the United States.

(2) For the purposes of this Subpart,Canada and Mexico are consideredOECD member countries only for thepurpose of transit.

(b) Any person who exports hazardouswaste to or imports hazardous wastefrom: a designated OECD membercountry for purposes other than recov-ery (e.g., incineration, disposal), Mex-ico (for any purpose), or Canada (forany purpose) remains subject to the re-quirements of subparts E and F of thispart.

[61 FR 16310, Apr. 12, 1996]

Subpart F—Imports of HazardousWaste

§ 262.60 Imports of hazardous waste.

(a) Any person who imports haz-ardous waste from a foreign countryinto the United States must complywith the requirements of this part andthe special requirements of this sub-part.

(b) When importing hazardous waste,a person must meet all the require-ments of § 262.20(a) for the manifest ex-cept that:

(1) In place of the generator’s name,address and EPA identification num-ber, the name and address of the for-eign generator and the importer’s

name, address and EPA identificationnumber must be used.

(2) In place of the generator’s signa-ture on the certification statement,the U.S. importer or his agent mustsign and date the certification and ob-tain the signature of the initial trans-porter.

(c) A person who imports hazardouswaste must obtain the manifest formfrom the consignment State if theState supplies the manifest and re-quires its use. If the consignment Statedoes not supply the manifest form,then the manifest form may be ob-tained from any source.

[51 FR 28685, Aug. 8, 1986]

Subpart G—Farmers

§ 262.70 Farmers.

A farmer disposing of waste pes-ticides from his own use which are haz-ardous wastes is not required to com-ply with the standards in this part orother standards in 40 CFR parts 264,265, 268, or 270 for those wastes providedhe triple rinses each emptied pesticidecontainer in accordance with§ 261.7(b)(3) and disposes of the pesticideresidues on his own farm in a mannerconsisent with the disposal instruc-tions on the pesticide label.

[53 FR 27165, July 19, 1988]

Subpart H—Transfrontier Shipmentsof Hazardous Waste for Re-covery within the OECD

SOURCE: 61 FR 16310, Apr. 12, 1996, unlessotherwise noted.

§ 262.80 Applicability.

(a) The requirements of this subpartapply to imports and exports of wastesthat are considered hazardous underU.S. national procedures and are des-tined for recovery operations in thecountries listed in § 262.58(a)(1). A wasteis considered hazardous under U.S. na-tional procedures if it meets the Fed-eral definition of hazardous waste in 40CFR 261.3 and it is subject to either theFederal manifesting requirements at 40CFR Part 262, Subpart B, to the uni-versal waste management standards of

13


40 CFR Part 273, or to State require-ments analogous to 40 CFR Part 273.

(b) Any person (notifier, consignee,or recovery facility operator) whomixes two or more wastes (includinghazardous and non-hazardous wastes)or otherwise subjects two or morewastes (including hazardous and non-hazardous wastes) to physical or chem-ical transformation operations, andthereby creates a new hazardous waste,becomes a generator and assumes allsubsequent generator duties underRCRA and any notifier duties, if appli-cable, under this subpart.

§ 262.81 Definitions.The following definitions apply to

this subpart.(a) Competent authorities means the

regulatory authorities of concernedcountries having jurisdiction overtransfrontier movements of wastes des-tined for recovery operations.

(b) Concerned countries means the ex-porting and importing OECD membercountries and any OECD member coun-tries of transit.

(c) Consignee means the person towhom possession or other form of legalcontrol of the waste is assigned at thetime the waste is received in the im-porting country.

(d) Country of transit means any des-ignated OECD country in § 262.58(a)(1)and (a)(2) other than the exporting orimporting country across which atransfrontier movement of wastes isplanned or takes place.

(e) Exporting country means any des-ignated OECD member country in§ 262.58(a)(1) from which a transfrontiermovement of wastes is planned or hascommenced.

(f) Importing country means any des-ignated OECD country in § 262.58(a)(1)to which a transfrontier movement ofwastes is planned or takes place for thepurpose of submitting the wastes to re-covery operations therein.

(g) Notifier means the person underthe jurisdiction of the exporting coun-try who has, or will have at the timethe planned transfrontier movementcommences, possession or other formsof legal control of the wastes and whoproposes their transfrontier movementfor the ultimate purpose of submittingthem to recovery operations. When the

United States (U.S.) is the exportingcountry, notifier is interpreted tomean a person domiciled in the U.S.

(h) OECD area means all land or ma-rine areas under the national jurisdic-tion of any designated OECD membercountry in § 262.58. When the regula-tions refer to shipments to or from anOECD country, this means OECD area.

(i) Recognized trader means a personwho, with appropriate authorization ofconcerned countries, acts in the role ofprincipal to purchase and subsequentlysell wastes; this person has legal con-trol of such wastes from time of pur-chase to time of sale; such a personmay act to arrange and facilitatetransfrontier movements of wastes des-tined for recovery operations.

(j) Recovery facility means an entitywhich, under applicable domestic law,is operating or is authorized to operatein the importing country to receivewastes and to perform recovery oper-ations on them.

(k) Recovery operations means activi-ties leading to resource recovery, recy-cling, reclamation, direct re-use or al-ternative uses as listed in Table 2.B ofthe Annex of OECD Council DecisionC(88)90(Final) of 27 May 1988, (availablefrom the Environmental ProtectionAgency, RCRA Information Center(RIC), 1235 Jefferson-Davis Highway,first floor, Arlington, VA 22203 (Docket# F–94–IEHF-FFFFF) and theOrganisation for Economic Co-oper-ation and Development, EnvironmentDirecorate, 2 rue Andre Pascal, 75775Paris Cedex 16, France) which include:

R1 Use as a fuel (other than in directincineration) or other means to gen-erate energy

R2 Solvent reclamation/regeneration

R3 Recycling/reclamation of organicsubstances which are not used as sol-vents

R4 Recycling/reclamation of metalsand metal compounds

R5 Recycling/reclamation of other in-organic materials

R6 Regeneration of acids or bases

R7 Recovery of components used forpollution control

R8 Recovery of components fromcatalysts

14

40 CFR Ch. I (7–1–99 Edition)§ 262.82

R9 Used oil re-refining or other reusesof previously used oilR10 Land treatment resulting in ben-efit to agriculture or ecological im-provementR11 Uses of residual materials ob-tained from any of the operations num-bered R1–R10R12 Exchange of wastes for submis-sion to any of the operations numberedR1–R116R13 Accumulation of material in-tended for any operation in Table 2.B

(l) Transfrontier movement means anyshipment of wastes destined for recov-ery operations from an area under thenational jurisdiction of one OECDmember country to an area under thenational jurisdiction of another OECDmember country.

§ 262.82 General conditions.(a) Scope. The level of control for ex-

ports and imports of waste is indicatedby assignment of the waste to a green,amber, or red list and by U.S. nationalprocedures as defined in § 262.80(a). Thegreen, amber, and red lists are incor-porated by reference in § 262.89 (e).

(1) Wastes on the green list are sub-ject to existing controls normally ap-plied to commercial transactions, ex-cept as provided below:

(i) Green-list wastes that are consid-ered hazardous under U.S. nationalprocedures are subject to amber-listcontrols.

(ii) Green-list waste that are suffi-ciently contaminated or mixed withamber-list wastes, such that the wasteor waste mixture is considered haz-ardous under U.S. national procedures,are subject to amber-list controls.

(iii) Green-list wastes that are suffi-ciently contaminated or mixed withother wastes subject to red-list con-trols such that the waste or waste mix-ture is considered hazardous under U.S.national procedures must be handled inaccordance with the red-list controls.

(2) Wastes on the amber list that areconsidered hazardous under U.S. na-tional procedures as defined in§ 262.80(a) are subject to the amber-listcontrols of this Subpart.

(i) If amber-list wastes are suffi-ciently contaminated or mixed withother wastes subject to red-list con-

trols such that the waste or waste mix-ture is considered hazardous under U.S.national procedures, the wastes mustbe handled in accordance with the red-list controls.

(ii) [Reserved].(3) Wastes on the red list that are

considered hazardous under U.S. na-tional procedures as defined in§ 262.80(a) are subject to the red-listcontrols of this subpart.

NOTE TO PARAGRAPH (a)(3): Some wastes onthe amber or red lists are not listed or other-wise identified as hazardous under RCRA(e.g., polychlorinated biphenyls) and there-fore are not subject to the amber- or red-listcontrols of this subpart. Regardless of thestatus of the waste under RCRA, however,other Federal environmental statutes (e.g.,the Toxic Substances Control Act) may re-strict certain waste imports or exports. Suchrestrictions continue to apply without re-gard to this Subpart.

(4) Wastes not yet assigned to a listare eligible for transfrontier move-ments, as follows:

(i) If such wastes are considered haz-ardous under U.S. national proceduresas defined in § 262.80(a), these wastesare subject to the red-list controls; or

(ii) If such wastes are not consideredhazardous under U.S. national proce-dures as defined in § 262.80(a), suchwastes may move as though they ap-peared on the green list.

(b) General conditions applicable totransfrontier movements of hazardouswaste.

(1) The waste must be destined for re-covery operations at a facility that,under applicable domestic law, is oper-ating or is authorized to operate in theimporting country;

(2) The transfrontier movement mustbe in compliance with applicable inter-national transport agreements; and

NOTE TO PARAGRAPH (b)(2): Theseinternational agreements include, butare not limited to, the Chicago Conven-tion (1944), ADR (1957), ADNR (1970),MARPOL Convention (1973/1978),SOLAS Convention (1974), IMDG Code(1985), COTIF (1985), and RID (1985).

(3) Any transit of waste through anon-OECD member country must beconducted in compliance with all appli-cable international and national lawsand regulations.

(c) Provisions relating to re-export forrecovery to a third country.

15


(1) Re-export of wastes subject to theamber-list control system from theU.S., as the importing country, to athird country listed in § 262.58(a)(1) mayoccur only after a notifier in the U.S.provides notification to and obtainsconsent of the competent authoritiesin the third country, the original ex-porting country, and new transit coun-tries. The notification must complywith the notice and consent proceduresin § 262.83 for all concerned countriesand the original exporting country.The competent authorities of the origi-nal exporting country as well as thecompetent authorities of all other con-cerned countries have 30 days to objectto the proposed movement.

(i) The 30-day period begins once thecompetent authorities of both the ini-tial exporting country and new import-ing country issue Acknowledgementsof Receipt of the notification.

(ii) The transfrontier movement maycommence if no objection has beenlodged after the 30-day period haspassed or immediately after writtenconsent is received from all relevantOECD importing and transit countries.

(2) Re-export of waste subject to thered-list control system from the origi-nal importing country to a third coun-try listed in § 262.58(a)(1) may occuronly following notification of the com-petent authorities of the third country,the original exporting country, andnew transit countries by a notifier inthe original importing country in ac-cordance with § 262.83. Thetransfrontier movement may not pro-ceed until receipt by the original im-porting country of written consentfrom the competent authorities of thethird country, the original exportingcountry, and new transit countries.

(3) In the case of re-export of amberor red-list wastes to a country otherthan those in § 262.58(a)(1), notificationto and consent of the competent au-thorities of the original OECD membercountry of export and any OECD mem-ber countries of transit is required asspecified in paragraphs (c)(1) and (c)(2)of this section in addition to compli-ance with all international agreementsand arrangements to which the firstimporting OECD member country is aparty and all applicable regulatory re-

quirements for exports from the firstimporting country.

§ 262.83 Notification and consent.(a) Applicability. Consent must be ob-

tained from the competent authoritiesof the relevant OECD importing andtransit countries prior to exportinghazardous waste destined for recoveryoperations subject to this Subpart.Hazardous wastes subject to amber-listcontrols are subject to the require-ments of paragraph (b) of this section;hazardous wastes subject to red-listcontrols are subject to the require-ments of paragraph (c) of this section;and wastes not identified on any listare subject to the requirements ofparagraph (d) of this section.

(b) Amber-list wastes. The export fromthe U.S. of hazardous wastes as de-scribed in § 262.80(a) that appear on theamber list is prohibited unless the no-tification and consent requirements ofparagraph (b)(1) or paragraph (b)(2) ofthis section are met.

(1) Transactions requiring specificconsent:

(i) Notification. At least 45 days priorto commencement of the transfrontiermovement, the notifier must providewritten notification in English of theproposed transfrontier movement tothe Office of Enforcement and Compli-ance Assurance, Office of Compliance,Enforcement Planning, Targeting andData Division (2222A), EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460, with the words‘‘Attention: OECD Export Notifica-tion’’ prominently displayed on the en-velope. This notification must includeall of the information identified inparagraph (e) of this section. In caseswhere wastes having similar physicaland chemical characteristics, the sameUnited Nations classification, and thesame RCRA waste codes are to be sentperiodically to the same recovery facil-ity by the same notifier, the notifiermay submit one notification of intentto export these wastes in multiple ship-ments during a period of up to oneyear.

(ii) Tacit consent. If no objection hasbeen lodged by any concerned country(i.e., exporting, importing, or transitcountries) to a notification providedpursuant to paragraph (b)(1)(i) of this

16

40 CFR Ch. I (7–1–99 Edition)§ 262.83

section within 30 days after the date ofissuance of the Acknowledgment of Re-ceipt of notification by the competentauthority of the importing country,the transfrontier movement may com-mence. Tacit consent expires one cal-endar year after the close of the 30 dayperiod; renotification and renewal ofall consents is required for exportsafter that date.

(iii) Written consent. If the competentauthorities of all the relevant OECDimporting and transit countries pro-vide written consent in a period lessthan 30 days, the transfrontier move-ment may commence immediatelyafter all necessary consents are re-ceived. Written consent expires foreach relevant OECD importing andtransit country one calendar year afterthe date of that country’s consent un-less otherwise specified; renotificationand renewal of each expired consent isrequired for exports after that date.

(2) Shipments to facilities pre-ap-proved by the competent authorities ofthe importing countries to accept spe-cific wastes for recovery:

(i) The notifier must provide EPA theinformation identified in paragraph (e)of this section in English, at least 10days in advance of commencing ship-ment to a pre-approved facility. Thenotification should indicate that therecovery facility is pre-approved, andmay apply to a single specific shipmentor to multiple shipments as describedin paragraph (b)(1)(i) of this section.This information must be sent to theOffice of Enforcement and ComplianceAssurance, Office of Compliance, En-forcement Planning, Targeting andData Division (2222A), EnvironmentalProtection Agency, 401 M St., SW.,Washington, DC 20460, with the words‘‘OECD Export Notification—Pre-ap-proved Facility’’ prominently dis-played on the envelope.

(ii) Shipments may commence afterthe notification required in paragraph(b)(1)(i) of this section has been re-ceived by the competent authorities ofall concerned countries, unless the no-tifier has received information indi-cating that the competent authoritiesof one or more concerned countries ob-jects to the shipment.

(c) Red-list wastes. The export fromthe U.S. of hazardous wastes as de-

scribed in § 262.80(a) that appear on thered list is prohibited unless notice isgiven pursuant to paragraph (b)(1)(i) ofthis section and the notifier receiveswritten consent from the importingcountry and any transit countries priorto commencement of the transfrontiermovement.

(d) Unlisted wastes. Wastes not as-signed to the green, amber, or red listthat are considered hazardous underU.S. national procedures as defined in§ 262.80(a) are subject to the notifica-tion and consent requirements estab-lished for red-list wastes in accordancewith paragraph (c) of this section. Un-listed wastes that are not consideredhazardous under U.S. national proce-dures as defined in § 262.80(a) are notsubject to amber or red controls whenexported or imported.

(e) Notification information. Notifica-tions submitted under this sectionmust include:

(1) Serial number or other acceptedidentifier of the notification form;

(2) Notifier name and EPA identifica-tion number (if applicable), address,and telephone and telefax numbers;

(3) Importing recovery facility name,address, telephone and telefax num-bers, and technologies employed;

(4) Consignee name (if not the owneror operator of the recovery facility) ad-dress, and telephone and telefax num-bers; whether the consignee will engagein waste exchange or storage prior todelivering the waste to the final recov-ery facility and identification of recov-ery operations to be employed at thefinal recovery facility;

(5) Intended transporters and/or theiragents;

(6) Country of export and relevantcompetent authority, and point of de-parture;

(7) Countries of transit and relevantcompetent authorities and points ofentry and departure;

(8) Country of import and relevantcompetent authority, and point ofentry;

(9) Statement of whether the notifi-cation is a single notification or a gen-eral notification. If general, include pe-riod of validity requested;

(10) Date foreseen for commencementof transfrontier movement;

17


(11) Designation of waste type(s) fromthe appropriate list (amber or red andwaste list code), descriptions of eachwaste type, estimated total quantity ofeach, RCRA waste code, and United Na-tions number for each waste type; and

(12) Certification/Declaration signedby the notifier that states:

I certify that the above information iscomplete and correct to the best of myknowledge. I also certify that legally-en-forceable written contractual obligationshave been entered into, and that any applica-ble insurance or other financial guaranteesare or shall be in force covering thetransfrontier movement.

Name: llllllllllllllllllllSignature: llllllllllllllllllDate: llllllllllllllllllll

NOTE TO PARAGRAPH (e)(12): The U.S. doesnot currently require financial assurance;however, U.S. exporters may be asked byother governments to provide and certify tosuch assurance as a condition of obtainingconsent to a proposed movement.

§ 262.84 Tracking document.(a) All U.S. parties subject to the

contract provisions of § 262.85 must en-sure that a tracking document meetingthe conditions of § 262.84(b) accom-panies each transfrontier shipment ofwastes subject to amber-list or red-listcontrols from the initiation of theshipment until it reaches the final re-covery facility, including cases inwhich the waste is stored and/or ex-changed by the consignee prior to ship-ment to the final recovery facility, ex-cept as provided in §§ 262.84(a)(1) and(2).

(1) For shipments of hazardous wastewithin the U.S. solely by water (bulkshipments only) the generator mustforward the tracking document withthe manifest to the last water (bulkshipment) transporter to handle thewaste in the U.S. if exported by water,(in accordance with the manifest rout-ing procedures at § 262.23(c)).

(2) For rail shipments of hazardouswaste within the U.S. which originateat the site of generation, the generatormust forward the tracking documentwith the manifest (in accordance withthe routing procedures for the manifestin § 262.23(d)) to the next non-rail trans-porter, if any, or the last rail trans-porter to handle the waste in the U.S.if exported by rail.

(b) The tracking document must in-clude all information required under§ 262.83 (for notification), and the fol-lowing:

(1) Date shipment commenced.(2) Name (if not notifier), address,

and telephone and telefax numbers ofprimary exporter.

(3) Company name and EPA ID num-ber of all transporters.

(4) Identification (license, registeredname or registration number) of meansof transport, including types of pack-aging.

(5) Any special precautions to betaken by transporters.

(6) Certification/declaration signedby notifier that no objection to theshipment has been lodged as follows:

I certify that the above information iscomplete and correct to the best of myknowledge. I also certify that legally-en-forceable written contractual obligationshave been entered into, that any applicableinsurance or other financial guarantees areor shall be in force covering thetransfrontier movement, and that:

1. All necessary consents have been re-ceived; OR

2. The shipment is directed at a recoveryfacility within the OECD area and no objec-tion has been received from any of the con-cerned countries within the 30 day tacit con-sent period; OR

3. The shipment is directed at a recoveryfacility pre-authorized for that type of wastewithin the OECD area; such an authorizationhas not been revoked, and no objection hasbeen received from any of the concernedcountries.(delete sentences that are not applicable)Name: llllllllllllllllllllSignature: llllllllllllllllllDate: llllllllllllllllllll

(7) Appropriate signatures for eachcustody transfer (e.g. transporter, con-signee, and owner or operator of the re-covery facility).

(c) Notifiers also must comply withthe special manifest requirements of 40CFR 262.54(a), (b), (c), (e), and (i) andconsignees must comply with the im-port requirements of 40 CFR part 262,subpart F.

(d) Each U.S. person that has phys-ical custody of the waste from the timethe movement commences until it ar-rives at the recovery facility must signthe tracking document (e.g. trans-porter, consignee, and owner or oper-ator of the recovery facility).

18

40 CFR Ch. I (7–1–99 Edition)§ 262.85

(e) Within 3 working days of the re-ceipt of imports subject to this Sub-part, the owner or operator of the U.S.recovery facility must send signed cop-ies of the tracking document to the no-tifier, to the Office of Enforcement andCompliance Assurance, Office of Com-pliance, Enforcement Planning, Tar-geting and Data Division (2222A), Envi-ronmental Protection Agency, 401 MSt., SW., Washington, DC 20460, and tothe competent authorities of the ex-porting and transit countries.

§ 262.85 Contracts.(a) Transfrontier movements of haz-

ardous wastes subject to amber or redcontrol procedures are prohibited un-less they occur under the terms of avalid written contract, chain of con-tracts, or equivalent arrangements(when the movement occurs betweenparties controlled by the same cor-porate or legal entity). Such contractsor equivalent arrangements must beexecuted by the notifier and the owneror operator of the recovery facility,and must specify responsibilities foreach. Contracts or equivalent arrange-ments are valid for the purposes of thissection only if persons assuming obli-gations under the contracts or equiva-lent arrangements have appropriatelegal status to conduct the operationsspecified in the contract or equivalentarrangement.

(b) Contracts or equivalent arrange-ments must specify the name and EPAID number, where available, of:

(1) The generator of each type ofwaste;

(2) Each person who will have phys-ical custody of the wastes;

(3) Each person who will have legalcontrol of the wastes; and

(4) The recovery facility.(c) Contracts or equivalent arrange-

ments must specify which party to thecontract will assume responsibility foralternate management of the wastes ifits disposition cannot be carried out asdescribed in the notification of intentto export. In such cases, contractsmust specify that:

(1) The person having actual posses-sion or physical control over thewastes will immediately inform the no-tifier and the competent authorities ofthe exporting and importing countries

and, if the wastes are located in acountry of transit, the competent au-thorities of that country; and

(2) The person specified in the con-tract will assume responsibility for theadequate management of the wastes incompliance with applicable laws andregulations including, if necessary, ar-ranging their return to the originalcountry of export.

(d) Contracts must specify that theconsignee will provide the notificationrequired in § 262.82(c) prior to re-exportof controlled wastes to a third country.

(e) Contracts or equivalent arrange-ments must include provisions for fi-nancial guarantees, if required by thecompetent authorities of any con-cerned country, in accordance with ap-plicable national or international lawrequirements.

NOTE TO PARAGRAPH (e): Financialguarantees so required are intended toprovide for alternate recycling, dis-posal or other means of sound manage-ment of the wastes in cases where ar-rangements for the shipment and therecovery operations cannot be carriedout as foreseen. The U.S. does not re-quire such financial guarantees at thistime; however, some OECD countriesdo. It is the responsibility of the noti-fier to ascertain and comply with suchrequirements; in some cases, trans-porters or consignees may refuse toenter into the necessary contracts ab-sent specific references or certifi-cations to financial guarantees.

(f) Contracts or equivalent arrange-ments must contain provisions requir-ing each contracting party to complywith all applicable requirements of thissubpart.

(g) Upon request by EPA, U.S. noti-fiers, consignees, or recovery facilitiesmust submit to EPA copies of con-tracts, chain of contracts, or equiva-lent arrangements (when the move-ment occurs between parties controlledby the same corporate or legal entity).Information contained in the contractsor equivalent arrangements for which aclaim of confidentiality is asserted ac-cordance with 40 CFR 2.203(b) will betreated as confidential and will be dis-closed by EPA only as provided in 40CFR 260.2.

19


NOTE TO PARAGRAPH (g): Although theU.S. does not require routine submis-sion of contracts at this time, OECDCouncil Decision C(92)39/FINAL allowsmembers to impose such requirements.When other OECD countries requiresubmission of partial or complete cop-ies of the contract as a condition togranting consent to proposed move-ments, EPA will request the requiredinformation; absent submission of suchinformation, some OECD countriesmay deny consent for the proposedmovement.

§ 262.86 Provisions relating to recog-nized traders.

(a) A recognized trader who takesphysical custody of a waste and con-ducts recovery operations (includingstorage prior to recovery) is acting asthe owner or operator of a recovery fa-cility and must be so authorized in ac-cordance with all applicable Federallaws.

(b) A recognized trader acting as anotifier or consignee for transfrontiershipments of waste must comply withall the requirements of this Subpart as-sociated with being a notifier or con-signee.

§ 262.87 Reporting and recordkeeping.(a) Annual reports. For all waste

movements subject to this Subpart,persons (e.g., notifiers, recognized trad-ers) who meet the definition of primaryexporter in § 262.51 shall file an annualreport with the Office of Enforcementand Compliance Assurance, Office ofCompliance, Enforcement Planning,Targeting and Data Division (2222A),Environmental Protection Agency, 401M St., SW., Washington, DC 20460, nolater than March 1 of each year sum-marizing the types, quantities, fre-quency, and ultimate destination of allsuch hazardous waste exported duringthe previous calendar year. (If the pri-mary exporter is required to file an an-nual report for waste exports that arenot covered under this Subpart, he mayinclude all export information in onereport provided the following informa-tion on exports of waste destined forrecovery within the designated OECDmember countries is contained in aseparate section). Such reports shallinclude the following:

(1) The EPA identification number,name, and mailing and site address ofthe notifier filing the report;


(3) The name and site address of eachfinal recovery facility;

(4) By final recovery facility, for eachhazardous waste exported, a descrip-tion of the hazardous waste, the EPAhazardous waste number (from 40 CFRpart 261, subpart C or D), designation ofwaste type(s) from OECD waste list andapplicable waste code from the OECDlists, DOT hazard class, the name andU.S. EPA identification number (whereapplicable) for each transporter used,the total amount of hazardous wasteshipped pursuant to this Subpart, andnumber of shipments pursuant to eachnotification;

(5) In even numbered years, for eachhazardous waste exported, except forhazardous waste produced by exportersof greater than 100kg but less than1000kg in a calendar month, and exceptfor hazardous waste for which informa-tion was already provided pursuant to§ 262.41:

(i) A description of the efforts under-taken during the year to reduce thevolume and toxicity of waste gen-erated; and

(ii) A description of the changes involume and toxicity of the waste actu-ally achieved during the year in com-parison to previous years to the extentsuch information is available for yearsprior to 1984; and

(6) A certification signed by the per-son acting as primary exporter thatstates:

I certify under penalty of law that Ihave personally examined and am fa-miliar with the information submittedin this and all attached documents, andthat based on my inquiry of those indi-viduals immediately responsible for ob-taining the information, I believe thatthe submitted information is true, ac-curate, and complete. I am aware thatthere are significant penalties for sub-mitting false information including thepossibility of fine and imprisonment.

(b) Exception reports. Any person whomeets the definition of primary ex-porter in § 262.51 must file an exceptionreport in lieu of the requirements of

20

40 CFR Ch. I (7–1–99 Edition)§ 262.88

§ 262.42 with the Administrator if any ofthe following occurs:

(1) He has not received a copy of thetracking documentation signed by thetransporter stating point of departureof the waste from the United States,within forty-five (45) days from thedate it was accepted by the initialtransporter;

(2) Within ninety (90) days from thedate the waste was accepted by the ini-tial transporter, the notifier has notreceived written confirmation from therecovery facility that the hazardouswaste was received;

(3) The waste is returned to theUnited States.

(c) Recordkeeping. (1) Persons whomeet the definition of primary ex-porter in § 262.51 shall keep the fol-lowing records: § 262.89

(i) A copy of each notification of in-tent to export and all written consentsobtained from the competent authori-ties of concerned countries for a periodof at least three years from the datethe hazardous waste was accepted bythe initial transporter;

(ii) A copy of each annual report fora period of at least three years fromthe due date of the report; and

(iii) A copy of any exception reportsand a copy of each confirmation of de-livery (i.e., tracking documentation)sent by the recovery facility to the no-tifier for at least three years from thedate the hazardous waste was acceptedby the initial transporter or receivedby the recovery facility, whichever isapplicable.

(2) The periods of retention referredto in this section are extended auto-matically during the course of any un-resolved enforcement action regardingthe regulated activity or as requestedby the Administrator.

§ 262.88 Pre-approval for U.S. Recov-ery Facilities (Reserved).

§ 262.89 OECD Waste Lists.(a) General. For the purposes of this

Subpart, a waste is considered haz-ardous under U.S. national procedures,and hence subject to this Subpart, ifthe waste:

(1) Meets the Federal definition ofhazardous waste in 40 CFR 261.3; and

(2) Is subject to either the FederalRCRA manifesting requirements at 40

CFR part 262, subpart B, to the uni-versal waste management standards of40 CFR part 273, or to State require-ments analogous to 40 CFR part 273.

(b) If a waste is hazardous underparagraph (a) of this section and it ap-pears on the amber or red list, it is sub-ject to amber- or red-list requirementsrespectively;

(c) If a waste is hazardous underparagraph (a) of this section and itdoes not appear on either amber or redlists, it is subject to red-list require-ments.

(d) The appropriate control proce-dures for hazardous wastes and haz-ardous waste mixtures are addressed in§ 262.82.

(e) The OECD Green List of Wastes(revised May 1994), Amber List ofWastes and Red List of Wastes (bothrevised May 1993) as set forth in Appen-dix 3, Appendix 4 and Appendix 5, re-spectively, to the OECD Council Deci-sion C(92)39/FINAL (Concerning theControl of Transfrontier Movements ofWastes Destined for Recovery Oper-ations) are incorporated by reference.These incorporations by reference wereapproved by the Director of the FederalRegister in accordance with 5 U.S.C.552(a) and 1 CFR part 51 on July 11,1996. These materials are incorporatedas they exist on the date of the ap-proval and a notice of any change inthese materials will be published in theFEDERAL REGISTER. The materials areavailable for inspection at: the Officeof the Federal Register, 800 North Cap-itol Street, NW., suite 700, Washington,DC; the U.S. Environmental ProtectionAgency, RCRA Information Center(RIC), 1235 Jefferson-Davis Highway,first floor, Arlington, VA 22203 (Docket# F–94–IEHF–FFFFF) and may be ob-tained from the Organisation for Eco-nomic Co-operation and Development,Environment Direcorate, 2 rue AndrePascal, 75775 Paris Cedex 16, France.

APPENDIX TO PART 262—UNIFORM HAZ-ARDOUS WASTE MANIFEST AND IN-STRUCTIONS (EPA FORMS 8700–22AND 8700–22A AND THEIR INSTRUC-TIONS)

U.S. EPA Form 8700–22

Read all instructions before completingthis form.

21

Environmental Protection Agency, EPA Pt. 262, App.

This form has been designed for use on a12-pitch (elite) typerwriter; a firm point penmay also be used—press down hard.

Federal regulations require generators andtransporters of hazardous waste and ownersor operators of hazardous waste treatment,storage, and disposal facilities to use thisform (8700–22) and, if necessary, the continu-

ation sheet (Form 8700–22A) for both interand intrastate transportation.

Federal regulations also require generatorsand transporters of hazardous waste andowners or operators of hazardous wastetreatment, storage and disposal facilities tocomplete the following information:

EC01AU92.004

22

40 CFR Ch. I (7–1–99 Edition)Pt. 262, App.

The following statement must be includedwith each Uniform Hazardous Waste Mani-fest, either on the form, in the instructionsto the form, or accompanying the form:

Public reporting burden for this collectionof information is estimated to average: 37minutes for generators, 15 minutes for trans-porters, and 10 minutes for treatment, stor-age and disposal facilities. This includestime for reviewing instructions, gatheringdata, and completing and reviewing theform. Send comments regarding the burdenestimate, including suggestions for reducingthis burden, to: Chief, Information PolicyBranch, PM–223, U.S. Environmental Protec-tion Agency, 401 M Street SW., Washington,DC 20460; and to the Office of Informationand Regulatory Affairs, Office of Manage-ment and Budget, Washington, DC 20503.

GENERATORS

Item 1. Generator’s U.S. EPA ID Number—Manifest Document Number

Enter the generator’s U.S. EPA twelvedigit identification number and the uniquefive digit number assigned to this Manifest(e.g., 00001) by the generator.

Item 2. Page 1 of ——

Enter the total number of pages used tocomplete this Manifest, i.e., the first page(EPA Form 8700–22) plus the number of Con-tinuation Sheets (EPA Form 8700–22A), ifany.

Item 3. Generator’s Name and Mailing Address

Enter the name and mailing address of thegenerator. The address should be the loca-tion that will manage the returned Manifestforms.

Item 4. Generator’s Phone Number

Enter a telephone number where an au-thorized agent of the generator may bereached in the event of an emergency.

Item 5. Transporter 1 Company Name

Enter the company name of the first trans-porter who will transport the waste.

Item 6. U.S. EPA ID Number

Enter the U.S. EPA twelve digit identifica-tion number of the first transporter identi-fied in item 5.

Item 7. Transporter 2 Company Name

If applicable, enter the company name ofthe second transporter who will transportthe waste. If more than two transporters areused to transport the waste, use a Continu-ation Sheet(s) (EPA Form 8700–22A) and listthe transporters in the order they will betransporting the waste.


If applicable, enter the U.S. EPA twelvedigit identification number of the secondtransporter identified in item 7.

NOTE: If more than two transporters areused, enter each additional transporter’scompany name and U.S. EPA twelve digitidentification number in items 24–27 on theContinuation Sheet (EPA Form 8700–22A).Each Continuation Sheet has space to recordtwo additional transporters. Every trans-porter used between the generator and thedesignated facility must be listed.

Item 9. Designated Facility Name and SiteAddress

Enter the company name and site addressof the facility designated to receive thewaste listed on this Manifest. The addressmust be the site address, which may differfrom the company mailing address.


Enter the U.S. EPA twelve digit identifica-tion number of the designated facility iden-tified in item 9.

Item 11. U.S. DOT Description [Including Prop-er Shipping Name, Hazard Class, and IDNumber (UN/NA)]

Enter the U.S. DOT Proper Shipping Name,Hazard Class, and ID Number (UN/NA) foreach waste as identified in 49 CFR 171through 177.

NOTE: If additional space is needed forwaste descriptions, enter these additional de-scriptions in item 28 on the ContinuationSheet (EPA Form 8700–22A).

Item 12. Containers (No. and Type)

Enter the number of containers for eachwaste and the appropriate abbreviation fromTable I (below) for the type of container.

TABLE I—TYPES OF CONTAINERS

DM=Metal drums, barrels, kegsDW=Wooden drums, barrels, kegsDF=Fiberboard or plastic drums, barrels,

kegsTP=Tanks portableTT=Cargo tanks (tank trucks)TC=Tank carsDT=Dump truckCY=CylindersCM=Metal boxes, cartons, cases (including

roll-offs)CW=Wooden boxes, cartons, casesCF=Fiber or plastic boxes, cartons, casesBA=Burlap, cloth, paper or plastic bags

Item 13. Total Quantity

Enter the total quantity of waste describedon each line.

23


Item 14. Unit (Wt./Vol.)

Enter the appropriate abbreviation fromTable II (below) for the unit of measure.

TABLE II—UNITS OF MEASURE

G=Gallons (liquids only)P=PoundsT=Tons (2000 lbs)Y=Cubic yardsL=Liters (liquids only)K=KilogramsM=Metric tons (1000 kg)N=Cubic meters

Item 15. Special Handling Instructions andAdditional Information

Generators may use this space to indicatespecial transportation, treatment, storage,or disposal information or Bill of Lading in-formation. States may not require addi-tional, new, or different information in thisspace. For international shipments, genera-tors must enter in this space the point of de-parture (City and State) for those shipmentsdestined for treatment, storage, or disposaloutside the jurisdiction of the United States.

Item 16. Generator’s Certification

The generator must read, sign (by hand),and date the certification statement. If amode other than highway is used, the word‘‘highway’’ should be lined out and the ap-propriate mode (rail, water, or air) insertedin the space below. If another mode in addi-tion to the highway mode is used, enter theappropriate additional mode (e.g., and rail)in the space below.

Primary exporters shipping hazardouswastes to a facility located outside of theUnited States must add to the end of thefirst sentence of the certification the fol-lowing words ‘‘and conforms to the terms ofthe EPA Acknowledgment of Consent to theshipment.’’

In signing the waste minimization certifi-cation statement, those generators who havenot been exempted by statute or regulationfrom the duty to make a waste minimizationcertification under section 3002(b) of RCRAare also certifying that they have compliedwith the waste minimization requirements.

Generators may preprint the words, ‘‘Onbehalf of’’ in the signature block or mayhand write this statement in the signatureblock prior to signing the generator certifi-cations.

NOTE: All of the above information exceptthe handwritten signature required in item16 may be preprinted.

* * * * *

TRANSPORTERS

Item 17. Transporter 1 Acknowledgement ofReceipt of Materials

Enter the name of the person accepting thewaste on behalf of the first transporter. Thatperson must acknowledge acceptance of thewaste described on the Manifest by signingand entering the date of receipt.

Item 18. Transporter 2 Acknowledgement ofReceipt of Materials

Enter, if applicable, the name of the personaccepting the waste on behalf of the secondtransporter. That person must acknowledgeacceptance of the waste described on theManifest by signing and entering the date ofreceipt.

NOTE: International Shipments—Trans-porter Responsibilities.Exports— Transporters must sign and enterthe date the waste left the United States initem 15 of Form 8700–22.Imports— Shipments of hazardous waste reg-ulated by RCRA and transported into theUnited States from another country mustupon entry be accompanied by the U.S. EPAUniform Hazardous Waste Manifest. Trans-porters who transport hazardous waste intothe United States from another country areresponsible for completing the Manifest (40CFR 263.10(c)(1)).

OWNERS AND OPERATORS OF TREATMENT,STORAGE, OR DISPOSAL FACILITIES

Item 19. Discrepancy Indication Space

The authorized representative of the des-ignated (or alternate) facility’s owner or op-erator must note in this space any signifi-cant discrepancy between the waste de-scribed on the Manifest and the waste actu-ally received at the facility.

Owners and operators of facilities locatedin unauthorized States (i.e., the U.S. EPAadministers the hazardous waste manage-ment program) who cannot resolve signifi-cant discrepancies within 15 days of receiv-ing the waste must submit to their RegionalAdministrator (see list below) a letter with acopy of the Manifest at issue describing thediscrepancy and attempts to reconcile it (40CFR 264.72 and 265.72).

Owners and operators of facilities locatedin authorized States (i.e., those States thathave received authorization from the U.S.EPA to administer the hazardous waste pro-gram) should contact their State agency forinformation on State Discrepancy Report re-quirements.

EPA REGIONAL ADMINISTRATORS

Regional Administrator, U.S. EPA Region I,J.F. Kennedy Fed. Bldg., Boston, MA 02203

Regional Administrator, U.S. EPA Region II,26 Federal Plaza, New York, NY 10278

24


Regional Administrator, U.S. EPA RegionIII, 6th and Walnut Sts., Philadelphia, PA19106

Regional Administrator, U.S. EPA RegionIV, 345 Courtland St., NE., Atlanta, GA30365

Regional Administrator, U.S. EPA Region V,77 West Jackson Blvd., Chicago, IL 60604

Regional Administrator, U.S. EPA RegionVI, 1201 Elm Street, Dallas, TX 75270

Regional Administrator, U.S. EPA RegionVII, 324 East 11th Street, Kansas City, MO64106

Regional Administrator, U.S. EPA RegionVIII, 1860 Lincoln Street, Denver, CO 80295

Regional Administrator, U.S. EPA RegionIX, 215 Freemont Street, San Francisco,CA 94105

Regional Administrator, U.S. EPA Region X,1200 Sixth Avenue, Seattle, WA 98101

Item 20. Facility Owner or Operator: Certifi-cation of Receipt of Hazardous Materials Cov-ered by This Manifest Except as Noted in Item19

Print or type the name of the person ac-cepting the waste on behalf of the owner oroperator of the facility. That person mustacknowledge acceptance of the waste de-scribed on the Manifest by signing and enter-ing the date of receipt.

Items A–K are not required by Federal reg-ulations for intra- or interstate transpor-tation. However, States may require genera-tors and owners or operators of treatment,storage, or disposal facilities to completesome or all of items A–K as part of Statemanifest reporting requirements. Generatorsand owners and operators of treatment, stor-age, or disposal facilities are advised to con-tact State officials for guidance on com-pleting the shaded areas of the Manifest.

25


EC01AU92.005

INSTRUCTIONS—CONTINUATION SHEET, U.S.EPA FORM 8700–22A

Read all instructions before completingthis form.

This form has been designed for use on a12-pitch (elite) typewriter; a firm point penmay also be used—press down hard.

This form must be used as a continuationsheet to U.S. EPA Form 8700–22 if:

• More than two transporters are to be usedto transport the waste;

• More space is required for the U.S. DOT de-scription and related information in Item11 of U.S. EPA Form 8700–22.

26


Federal regulations require generators andtransporters of hazardous waste and ownersor operators of hazardous waste treatment,storage, or disposal facilities to use the uni-form hazardous waste manifest (EPA Form8700–22) and, if necessary, this continuationsheet (EPA Form 8700–22A) for both inter-and intrastate transportation.

GENERATORS

Item 21. Generator’s U.S. EPA ID Number—Manifest Document Number

Enter the generator’s U.S. EPA twelvedigit identification number and the uniquefive digit number assigned to this Manifest(e.g., 00001) as it appears in item 1 on thefirst page of the Manifest.

Item 22. Page ——

Enter the page number of this Continu-ation Sheet.

Item 23. Generator’s Name

Enter the generator’s name as it appears initem 3 on the first page of the Manifest.

Item 24. Transporter —— Company Name

If additional transporters are used totransport the waste described on this Mani-fest, enter the company name of each addi-tional transporter in the order in which theywill transport the waste. Enter after theword ‘‘Transporter’’ the order of the trans-porter. For example, Transporter 3 CompanyName. Each Continuation Sheet will recordthe names of two additional transporters.


Enter the U.S. EPA twelve digit identifica-tion number of the transporter described initem 24.

Item 26. Transporter —— Company Name

If additional transporters are used totransport the waste described on this Mani-fest, enter the company name of each addi-tional transporter in the order in which theywill transport the waste. Enter after theword ‘‘Transporter’’ the order of the trans-porter. For example, Transporter 4 CompanyName. Each Continuation Sheet will recordthe names of two additional transporters.


Enter the U.S. EPA twelve digit identifica-tion number of the transporter described initem 26.

Item 28. U.S. DOT Description Including ProperShipping Name, Hazardous Class, and IDNumber (UN/NA)

Refer to item 11.

Item 29. Containers (No. and Type)

Refer to item 12.

Item 30. Total Quantity

Refer to item 13.

Item 31. Unit (Wt./Vol.)

Refer to item 14.

Item 32. Special Handling Instructions

Generators may use this space to indicatespecial transportation, treatment, storage,or disposal information or Bill of Lading in-formation. States are not authorized to re-quire additional, new, or different informa-tion in this space.

* * * * *

TRANSPORTERS

Item 33. Transporter —— Acknowledgement ofReceipt of Materials

Enter the same number of the Transporteras identified in item 24. Enter also the nameof the person accepting the waste on behalfof the Transporter (Company Name) identi-fied in item 24. That person must acknowl-edge acceptance of the waste described onthe Manifest by signing and entering thedate of receipt.

Item 34. Transporter —— Acknowledgement ofReceipt of Materials

Enter the same number as identified initem 26. Enter also the name of the personaccepting the waste on behalf of the Trans-porter (Company Name) identified in item 26.That person must acknowledge acceptance ofthe waste described on the Manifest by sign-ing and entering the date of receipt.

* * * * *

OWNERS AND OPERATORS OF TREAT-MENT, STORAGE, OR DISPOSAL FACILI-TIES

Item 35. Discrepancy Indication Space

Refer to item 19.Items L–R are not required by Federal reg-

ulations for intra- or interstate transpor-tation. However, States may require genera-tors and owners or operators of treatment,storage, or disposal facilities to completesome or all of items L–R as part of State

27


manifest reporting requirements. Generatorsand owners and operators of treatment, stor-age, or disposal facilities are advised to con-

tact State officials for guidance on com-pleting the shaded areas of the manifest.

[49 FR 10501, Mar. 20, 1984, as amended at 51FR 28685, Aug. 8, 1986; 51 FR 35192, Oct. 1,1986; 53 FR 45091, Nov. 8, 1988; 62 FR 1834, Jan.14, 1997]

Documents

PART 262—STANDARDS APPLICA- BLE TO GENERATORS OF HAZ ... · §262.22 Number of copies. The manifest consists of at least the number of copies which will provide the generator, each