40 CFR Part 262 -- STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS 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. (Reserved) Subpart F -- Imports of Hazardous Waste
262.60 Imports of hazardous waste. Subpart G -- Farmers
262.70 Farmers.
Appendix to Part 262 -- Uniform Hazardous Waste Manifest and Instructions (EPA Forms
8700-22 and 8700-22A and Their Instructions)
Subpart A -- General
§262.10 Purpose, scope, and applicability.
(a) These regulations establish standards for generators of hazardous waste.
(b) A generator who treats, stores, or disposes of hazardous waste must only comply with
the following sections of this part with respect to that waste: Section 262.11 for
determining whether or not he has a hazardous waste, §262.12 for obtaining an EPA
identification number, §262.34 for accumulation of hazardous waste, §262.40 (c) and (d)
for recordkeeping, §262.43 for additional reporting, and if applicable, §262.70 for
farmers.
(c) Any person who imports hazardous waste into the United States must comply with the
standards applicable to generators established in this part.
(d) A farmer who generates waste pesticides which are hazardous waste and who complies
with all of the requirements of §262.70 is not required to comply with other standards in
this part or 40 CFR Parts 270, 264, 265, or 268 with respect to such pesticides.
(e) A person who generates a hazardous waste as defined by 40 CFR Part 261 is subject to
the compliance requirements and penalties prescribed in section 3008 of the Act if he does
not comply with the requirements of this part.
(f) An owner or operator who initiates a shipment of hazardous waste from a treatment,
storage, or disposal facility must comply with the generator standards established in this
part.
Note 1: The provisions of 262.34 are applicable to the on-site accumulation of hazardous
waste by generators. Therefore, the provisions of 262.34 only apply to owners or operators
who are shipping hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply
with the applicable standards and permit requirements set forth in 40 CFR Parts 264, 265,
266, 268, and 270.
(45 FR 33142, May 19, 1980, as amended at 45 FR 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)
§262.11 Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR §261.2, must determine if that
waste is a hazardous waste using the following method:
(a) He should first determine if the waste is excluded from regulation under 40 CFR
§261.4.
(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40
CFR Part 261.
Note: Even if the waste is listed, the generator still has an opportunity under 40 CFR
§260.22 to demonstrate to the Administrator that the waste from his particular facility
or operation is not a hazardous waste.
(c) For purposes of compliance with 40 CFR Part 268, or if the waste is not listed in
subpart D of 40 CFR Part 261, the generator must then determine whether the waste is
identified in subpart C of 40 CFR Part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR Part 261,
or according to an equivalent method approved by the Administrator under 40 CFR §260.21;
or
(2) Applying knowledge of the hazard characteristic of the waste in light of the materials
or the processes used.
(d) If the waste is determined to be hazardous, the generator must refer to Parts 264,
265, 268 of this chapter for possible exclusions or restrictions pertaining to management
of his specific waste.
(45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51 FR 40637, Nov. 7,
1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 1991)
§262.12 EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or offer for transportation,
hazardous waste without having received an EPA identification number from the
Administrator.
(b) A generator who has not received an EPA identification number may obtain one by
applying to the Administrator using EPA form 8700-12. Upon receiving the request the
Administrator will assign an EPA identification number to the generator.
(c) A generator must not offer his hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA identification number.
§262.20 General requirements.
(a) A generator who transports, or offers for transportation, hazardous waste for offsite
treatment, storage, or disposal must prepare a Manifest OMB control number 2050-0039 on
EPA form 8700-22, and, if necessary, EPA form 8700-22A, according to the instructions
included in the appendix to Part 262.
(b) A generator must designate on the manifest one facility which is permitted to handle
the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility which is
permitted to handle his waste in the event an emergency prevents delivery of the waste to
the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility
or the alternate facility, the generator must either designate another facility or
instruct the transporter to return the waste.
(e) The requirements of this subpart do not apply to hazardous waste produced by
generators of greater than 100 kg but less than 1000 kg in a calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
(i) The type of waste and frequency of shipments are specified in the agreement;
(ii) The vehicle used to transport the waste to the recycling facility and to deliver
regenerated material back to the generator is owned and operated by the reclaimer of the
waste; and
(2) The generator maintains a copy of the reclamation agreement in his files for a period
of at least three years after termination or expiration of the agreement.
(45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 FR 10175, Mar.
24, 1986; 53 FR 45090, Nov. 8, 1988)
§262.21 Acquisition of manifests.
(a) If the State to which the shipment is manifested (consignment State) supplies the
manifest and requires its use, then the generator must use that manifest.
(b) If the consignment State does not supply the manifest, but the State in which the
generator is located (generator State) supplies the and requires its use, then the
generator must use that State's manifest.
(c) If neither the generator State nor the consignment State supplies the manifest, then
the generator may obtain 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 provide the generator,
each transporter, and the owner or operator of the designated facility with one copy each
for their records and another copy to be returned to the generator.
Subpart B -- The Manifest
§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 of acceptance on
the manifest; and
(3) Retain one copy, in accordance with §262.40(a).
(b) The generator must give the transporter the remaining copies of the manifest.
(c) For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated and signed in
accordance with this section to the owner or operator of the designated facility or the
last water (bulk shipment) transporter to handle the waste in the United States if
exported by water. Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States which originate at the
site of generation, the generator must send at least three copies of the manifest dated
and signed in accordance with this section to:
(1) The next non-rail transporter, if any; or
(2) The designated facility if transported solely by rail; or
(3) The last rail transporter to handle the waste in the United States if exported by
rail.
(e) For shipments of hazardous waste to a designated facility in an authorized State which
has not yet obtained authorization to regulate that particular waste as hazardous, the
generator must assure that the designated facility agrees to sign and return the manifest
to the generator, and that any out-of-state transporter signs and forwards the manifest to
the designated facility.
Note: See §263.20(e) and (f) for special provisions for rail or water (bulk shipment)
transporters.
(45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55 FR 2354, Jan. 23,
1990)
§262.30 Packaging.
Before transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must package the waste in accordance with the applicable Department
of Transportation regulations on packaging under 49 CFR Parts 173, 178, and 179.
Subpart C -- Pre-Transport Requirements
§262.31 Labeling.
Before transporting or offering hazardous waste for transportation a generator must label
each package in accordance with the applicable Department of Transportation regulations on
hazardous materials under 49 CFR Part 172.
§262.32 Marking.
(a) Before transporting or offering hazardous waste for transportation off-site, a
generator must mark each package of hazardous waste in accordance with the applicable
Department of Transportation regulations on hazardous materials under 49 CFR Part 172;
(b) Before transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must mark each container of 110 gallons or less used in such
transportation with the following words and information displayed in accordance with the
requirements of 49 CFR §172.304:
HAZARDOUS WASTE -- Federal Law Prohibits Improper Disposal. If found, contact the nearest
police or public safety authority or the U.S. Environmental Protection Agency.
Generator's Name and Address ---------- .
Manifest Document Number ------------ .
§262.33 Placarding.
Before transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must placard or offer the initial transporter the appropriate
placards according to Department of Transportation regulations for hazardous materials
under 49 CFR Part 172, subpart F.
§262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may
accumulate hazardous waste on-site for 90 days or less without a permit or without having
interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies with subpart I of 40 CFR Part 265; and/or
(ii) In tanks and the generator complies with subpart J of 40 CFR Part 265, except
§265.197(c) and §265.200; and/or
(iii) On drip pads and the generator complies with subpart W of 40 Part 265 and maintains
the following records at the facility;
(A) A description of procedures that will be followed to ensure that all wastes are
removed from the drip pad and associated collection system at least once every 90 days;
and
(B) Documentation of each waste removal, including the quantity of waste removed from the
drip pad and the sump or collection system and the date and time of removal.
In addition, such a generator is exempt from all requirements in subparts G and H of 40
CFR Part 265, except for §265.111 and §265.114.
(2) The waste is placed on drip pads and the generator complies with subpart W of 40 CFR
Part 265 and maintains the following records at the facility:
(i) A description of procedures that will be followed to ensure that all wastes are
removed from the drip pad and associated collection system at least once every 90 days;
and
(ii) Documentation of each waste removal, including the quantity of waste removed from the
drip pad and the sump or collection system and the date and time of removal.
In addition, such a generator is exempt from all the requirements in subparts G and H of
40 CFR Part 265, except for §265.111 and §165.114.
(2) The date upon which each period of accumulation begins is clearly marked and visible
for inspection on each container;
Editorial Note: At 56 FR 30195, July 1, 1991, in §262.34, paragraphs (a)(3) through (5)
were redesignated as (a)(2) through (4). However, a new paragraph (a)(2) was previously
added to §262.34 at 55 FR 50484, December 6, 1990. The Environmental Protection Agency
will publish a document in the Federal Register to redesignate one of the two paragraphs
(a)(2) at some future date.
(3) While being accumulated on-site, each container and tank is labeled or marked clearly
with the words, "Hazardous Waste''; and
(4) The generator complies with the requirements for owners or operators in subparts C and
D in 40 CFR Part 265, with §265.16, and with 40 CFR §268.7(a)(4).
(b) A generator who accumulates hazardous waste for more than 90 days is an operator of a
storage facility and is subject to the requirements of 40 CFR Parts 264 and 265 and the
permit requirements of 40 CFR Part 270 unless he has been granted an extension to the
90-day period. Such extension may be granted by EPA if hazardous wastes must remain
on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the discretion of the
Regional Administrator on a case-by-case basis.
(c)(1) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of
acutely hazardous waste listed in §261.33(e) in containers at or near any point of
generation where wastes initially accumulate, which is under the control of the operator
of the process generating the waste, without a permit or interim status and without
complying with paragraph (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 with the words "Hazardous Waste'' or with other
words that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely hazardous waste listed
in §261.33(e) in excess of the amounts listed in paragraph (c)(1) of this section at or
near any point of generation must, with respect to that amount of excess waste, comply
within three days with paragraph (a) of this section or other applicable provisions of
this chapter. During the three day period the generator must continue to comply with
paragraphs (c)(1)(i) through (ii) of this section. The generator must mark the container
holding the excess accumulation of hazardous waste with the date the excess amount began
accumulating.
(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or
less without a permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
(2) The generator complies with the requirements of subpart I of Part 265, except
§265.176;
(3) The generator complies with the requirements of §265.201 in subpart J of Part 265;
(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this
section, the requirements of subpart C of Part 265, the requirements of 40 CFR
§268.7(a)(4); and
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on the premises or on call
(i.e., available to respond to an emergency by reaching the facility within a short period
of time) with the responsibility for coordinating all emergency response measures
specified in paragraph (d)(5)(iv) of this section. This employee is the emergency
coordinator.
(ii) The generator must post the following information next to the telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and, if present, fire
alarm; and
(C) The telephone number of the fire department, unless the facility has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly familiar with proper
waste handling and emergency procedures, relevant to their responsibilities during normal
facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any emergencies that arise.
The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to extinguish it using a
fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to the extent possible,
and as soon as is practicable, clean up the hazardous waste and any contaminated materials
or soil;
(C) In the event of a fire, explosion, or other release which could threaten human health
outside the facility or when the generator has knowledge that a spill has reached surface
water, the generator must immediately notify the National Response Center (using their
24-hour toll free number 800/424-8802). The report must include the following information:
(1) The name, address, and U.S. EPA Identification Number of the generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if any.
(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who must transport his waste, or offer his waste
for transportation, over a distance of 200 miles or more for off-site treatment, storage
or disposal may accumulate hazardous waste on-site for 270 days or less without a permit
or without having interim status provided that he complies with the requirements of
paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who accumulates hazardous waste in quantities
exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more than
270 days if he must transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more) is an operator of a storage facility and is subject to the
requirements of 40 CFR Parts 264 and 265 and the permit requirements of 40 CFR Part 270
unless he has been granted an extension to the 180-day (or 270-day if applicable) period.
Such extension may be granted by EPA if hazardous wastes must remain on-site for longer
than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the discretion of the
Regional Administrator on a case-by-case basis.
(47 FR 1251, Jan. 11, 1982, as amended at 48 FR 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 FR 50483, Dec. 6, 1990; 56 FR 3877, Jan. 31, 1991; 56 FR 30195, July 1, 1991)
§262.40 Recordkeeping.
(a) A generator must keep a copy of each manifest signed in accordance with §262.23(a)
for three years or until he receives a signed copy from the designated facility which
received the waste. This signed copy must be retained as a record for at least three years
from the date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each Biennial Report and Exception Report for a period
of at least three years from the due date of the report.
(c) A generator must keep records of any test results, waste analyses, or other
determinations made in accordance with §262.11 for at least three years from the date
that the waste was last sent to on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are extended automatically during
the course of any unresolved enforcement action regarding the regulated activity or as
requested by the Administrator.
(45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983)
§262.41 Biennial report.
(a) A generator who ships any hazardous waste off-site to a treatment, storage or disposal
facility within the United States must prepare and submit a single copy of a Biennial
Report to the Regional Administrator by March 1 of each even numbered year. The Biennial
Report must be submitted on EPA Form 8700-13A, must cover generator activities during the
previous year, and must include the following information:
(1) The EPA identification number, name, and address of the generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-site treatment, storage,
or disposal facility in the United States which waste was shipped during the year;
(4) The name and EPA identification number of each transporter used during the reporting
year for shipments to a treatment, storage or disposal facility within the United States;
(5) A description, EPA hazardous waste number (from 40 CFR Part 261, subpart C or D), DOT
hazard class, and quantity of each hazardous waste shipped off-site for shipments to a
treatment, storage or disposal facility within the United States. This information must be
listed by EPA identification number of each such off-site facility to which waste was
shipped.
(6) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste actually achieved during
the year in comparison to previous years to the extent such information is available for
years prior to 1984.
(8) The certification signed by the generator or authorized representative.
(b) Any generator who treats, stores, or disposes of hazardous waste on-site must submit a
biennial report covering those wastes in accordance with the provisions of 40 CFR Parts
270, 264, 265, and 266. Reporting for exports of hazardous waste is not required on the
Biennial Report form. A separate annual report requirement is set forth at 40 CFR
§262.56.
(48 FR 3981, Jan. 28, 1983, as amended at 48 FR 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 1000 kilograms of hazardous waste in a calendar month
who does not receive a copy of the manifest with the handwritten signature of the owner or
operator of the designated facility within 35 days of the date the waste was accepted by
the initial transporter must contact the transporter and/or the owner or operator of the
designated facility to determine the status of the hazardous waste.
(2) A generator of greater than 1000 kilograms of hazardous waste in a calendar month must
submit an Exception Report to the EPA Regional Administrator for the Region in which the
generator is located if he has not received a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 45 days of the date
the waste was accepted by the initial transporter. The Exception Report must include:
(i) A legible copy of the manifest for which the generator does not have confirmation of
delivery;
(ii) A cover letter signed by the generator or his authorized representative explaining
the efforts taken to locate the hazardous waste and the results of those efforts.
(b) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous
waste in a calendar month who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 60 days of the date
the waste was accepted by the initial transporter must submit a legible copy of the
manifest, with some indication that the generator has not received confirmation of
delivery, to the EPA Regional Administrator for the Region in which the generator is
located.
Note: The submission to EPA need only be a handwritten or typed note on the manifest
itself, or on an attached sheet of paper, stating that the return copy was not received.
(Information collection requirements approved by the Office of Management and Budget under
control number 2050-0039)
(52 FR 35898, Sept. 23, 1987)
§262.43 Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and 3002(6) of the Act,
may require generators to furnish additional reports concerning the quantities and
disposition of wastes identified or listed in 40 CFR Part 261.
§262.44 Special requirements for generators of between 100 and 1000 kg/mo.
A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste
in a calendar month is subject only to the following requirements in this subpart:
(a) Section §262.40(a), (c), and (d), recordkeeping;
(b) Section §262.42(b), exception reporting; and
(c) Section §262.43, additional reporting.
(Information collection requirements approved by the Office of Management and Budget under
control number 2050-0039)
(52 FR 35899, Sept. 23, 1987)
§262.50 Applicability.
This subpart establishes requirements applicable to exports of hazardous waste. Except to
the extent §262.58 provides otherwise, a primary exporter of hazardous waste must comply
with the special requirements of this subpart and a transporter transporting hazardous
waste for export must comply with applicable requirements of Part 263. Section 262.58 sets
forth the requirements of international agreements between the United States and receiving
countries which establish different notice, export, and enforcement procedures for the
transportation, treatment, storage and disposal of hazardous waste for shipments between
the United States and those countries
§262.51 Definitions.
In addition to the definitions set forth at 40 CFR §260.10, the following definitions
apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility in a receiving
country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the U.S. Embassy in a
receiving country that acknowledges the written consent of the receiving country to accept
the hazardous waste and describes the terms and conditions of the receiving country's
consent to the shipment.
Primary Exporter means any person who is required to originate the manifest for a shipment
of hazardous waste in accordance with 40 CFR Part 262, subpart B, or equivalent State
provision, which specifies a treatment, storage, or disposal facility in a receiving
country as the facility to which the hazardous waste will be sent and any intermediary
arranging for the export.
Receiving country means a foreign country to which a hazardous waste is sent for the
purpose of treatment, storage or disposal (except short-term storage incidental to
transportation).
Transit country means any foreign country, other than a receiving country, through which a
hazardous waste is transported.
(53 FR 27164, July 19, 1988)
§262.52 General requirements.
Exports of hazardous waste are prohibited except in compliance with the applicable
requirements of this subpart and Part 263. Exports of hazardous waste are prohibited
unless:
(a) Notification in accordance with §262.53 has been provided;
(b) The receiving country has consented to accept the hazardous waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous
waste shipment and, unless exported by rail, is attached to the manifest (or shipping
paper for exports by water (bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the receiving country's written
consent as reflected in the EPA Acknowledgment of Consent.
(Approved by the Office of Management and Budget under control number 2050-0035)
§262.53 Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an intended export before
such waste is scheduled to leave the United States. A complete notification should be
submitted sixty (60) days before the initial shipment is intended to be shipped off site.
This notification may cover export activities extending over a twelve (12) month or lesser
period. The notification must be in writing, signed by the primary exporter, and include
the following information:
(1) Name, mailing address, telephone number and EPA ID number of the primary exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste number (from 40 CFR
Part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and ID number
(UN/NA) for each hazardous waste as identified in 49 CFR Parts 171 through 177;
(ii) The estimated frequency or rate at which such waste is to be exported and the period
of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units as specified in the
instructions to the Uniform Hazardous Waste Manifest Form (8700-22);
(iv) All points of entry to and departure from each foreign country through which the
hazardous waste will pass;
(v) A description of the means by which each shipment of the hazardous waste will be
transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.),
type(s) of container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will be treated, stored or
disposed of in the receiving country (e.g., land ocean incineration, other land disposal,
ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate consignee; and
(viii) The name of any transit countries through which the hazardous waste will be sent
and a description of the approximate length of time the hazardous waste will remain in
such country and the nature of its handling while there;
(b) Notification shall be sent to the Office of Waste Programs Enforcement, RCRA
Enforcement Division (OS-520), Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460 with "Attention: Notification to Export'' prominently displayed
on the front of the envelope.
(c) Except for changes to the telephone number in paragraph (a)(1) of this section,
changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated
pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the
original notification change (including any exceedance of the estimate of the quantity of
hazardous waste specified in the original notification), the primary exporter must provide
EPA with a written renotification of the change. The shipment cannot take place until
consent of the receiving country to the changes (except for changes to paragraph
(a)(2)(viii) of this section and in the ports of entry to and departure from transit
countries pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the
primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving
country's consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any additional
information which a receiving country requests in order to respond to a notification.
(e) In conjunction with the Department of State, EPA will provide a complete notification
to the receiving country and any transit countries. A notification is complete when EPA
receives a notification which EPA determines satisfies the requirements of paragraph (a)
of this section. Where a claim of confidentiality is asserted with respect to any
notification information required by paragraph (a) of this section, EPA may find the
notification not complete until any such claim is resolved in accordance with 40 CFR
§260.2.
(f) Where the receiving country consents to the receipt of the hazardous waste, EPA will
forward an EPA Acknowledgment of Consent to the primary exporter for purposes of
§262.54(h). Where the receiving country objects to receipt of the hazardous waste or
withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also
notify the primary exporter of any responses from transit countries.
(Approved by the Office of Management and Budget under control number 2050-0035)
(45 FR 33142, May 19, 1980, as amended at 56 FR 43705, Sept. 4, 1991)
§262.54 Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40 CFR §262.20 through
§262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the designated permitted
facility, the primary exporter must enter the name and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a permitted alternate facility,
the primary exporter may enter the name and site address of any alternate consignee.
(c) In Special Handling Instructions and Additional Information, the primary exporter must
identify the point of departure from the United States;
(d) The following statement must be added to the end of the first sentence of the
certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and
conforms to the terms of the attached EPA Acknowledgment of Consent'';
(e) In lieu of the requirements of §262.21, the primary exporter must obtain the manifest
form from the primary exporter's State if that State supplies the manifest form and
requires its use. If the primary exporter's State does not supply the manifest form, the
primary exporter may obtain a manifest form from any source.
(f) The primary exporter must require the consignee to confirm in writing the delivery of
the hazardous waste to that facility and to describe any significant discrepancies (as
defined in 40 CFR §264.72(a)) between the manifest and the shipment. A copy of the
manifest signed by such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of §262.20(d), where a shipment cannot be delivered for
any reason to the designated or alternate consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original notification to allow
shipment to a new consignee in accordance with §262.53(c) and obtain an EPA
Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary exporter in the United
States or designate another facility within the United States; and
(3) Instruct the transporter to revise the manifest in accordance with the primary
exporter's instructions.
(h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent to the
shipment to the manifest which must accompany the hazardous waste shipment. For exports by
rail or water (bulk shipment), the primary exporter must provide the transporter with an
EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not
be attached to the manifest except that for exports by water (bulk shipment) the primary
exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an additional copy of the
manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves
the United States in accordance with §263.20(g)(4).
(Approved by the Office of Management and Budget under control number 2050-0035)
§262.55 Exception reports.
In lieu of the requirements of §262.42, a primary exporter must file an exception report
with the Administrator if:
(a) He has not received a copy of the manifest signed by the transporter stating the date
and place of departure from the United States within forty-five (45) days from the date it
was accepted by the initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by the initial
transporter, the primary exporter has not received written confirmation from the consignee
that the hazardous waste was received;
(c) The waste is returned to the United States.
(Approved by the Office of Management and Budget under control number 2050-0035)
§262.56 Annual reports.
(a) Primary exporters of hazardous waste shall file with the Administrator no later than
March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate
destination of all hazardous waste exported during the previous calendar year. Such
reports shall include the following:
(1) The EPA identification number, name, and mailing and site address of the exporter;
(2) The calendar year covered by the report;
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description of the hazardous waste,
the EPA hazardous waste number (from 40 CFR Part 261, subpart C or D), DOT hazard class,
the name and US EPA ID number (where applicable) for each transporter used, the total
amount of waste shipped and number of shipments pursuant to each notification;
(5) Except for hazardous waste produced by exporters of greater than 100 kg but less than
1000 kg in a calendar month, unless provided pursuant to §262.41, in even numbered years:
(i) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste actually achieved during
the year in comparison to previous years to the extent such information is available for
years prior to 1984.
(6) A certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this and all attached documents, and that based on my inquiry of
those individuals immediately responsible for obtaining the information, I believe that
the submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the possibility of fine
and imprisonment.
(b) Reports shall be sent to the following address: Office of Waste Programs Enforcement,
RCRA Enforcement Division (OS-520), Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460.
(Approved by the Office of Management and Budget under control number 2050-0035)
(45 FR 33142, May 19, 1980, as amended at 56 FR 43705, Sept. 4, 1991)
§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 least three
years from the date the hazardous waste was accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three years
from the date the hazardous waste was accepted by the initial transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous waste from the consignee
for at least three years from the date the hazardous waste was accepted by the initial
transporter; and
(4) Keep a copy of each annual report for a period of at least three years from the due
date of the report.
(b) The periods of retention referred to in this section are extended automatically during
the course of any unresolved enforcement action regarding the regulated activity or as
requested by the Administrator.
(Approved by the Office of Management and Budget under control number 2050-0035)
§262.58 International agreements. ((Reserved))
§262.60 Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country into the United States
must comply with the requirements of this part and the special requirements of this
subpart.
(b) When importing hazardous waste, a person must meet all the requirements of §262.20(a)
for the manifest except that:
(1) In place of the generator's name, address and EPA identification number, the name and
address of the foreign generator and the importer's name, address and EPA identification
number must be used.
(2) In place of the generator's signature on the certification statement, the U.S.
importer or his agent must sign and date the certification and obtain the signature of the
initial transporter.
(c) A person who imports hazardous waste must obtain the manifest form from the
consignment State if the State supplies the manifest and requires its use. If the
consignment State does not supply the manifest form, then the manifest form may be
obtained from any source.
(51 FR 28685, Aug. 8, 1986)
§262.70 Farmers.
A farmer disposing of waste pesticides from his own use which are hazardous wastes is not
required to comply with the standards in this part or other standards in 40 CFR Parts 264,
265, 268, or 270 for those wastes provided he triple rinses each emptied pesticide
container in accordance with 261.7(b)(3) and disposes of the pesticide residues on his own
farm in a manner consistent with the disposal instructions on the pesticide label.
(53 FR 27165, July 19, 1988)
Appendix to Part 262 -- Uniform Hazardous Waste Manifest and Instructions (EPA Forms
8700-22 and 8700-22A and Their Instructions)
App. U.S. EPA Form 8700-22
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite) typewriter; a firm point pen may
also be used -- press down hard.
Federal regulations require generators and transporters of hazardous waste and owners or
operators of hazardous waste treatment, storage, and disposal facilities to use this form
(8700-22) and, if necessary, the continuation sheet (Form 8700-22A) for both inter and
intrastate transportation.
Federal regulations also require generators and transporters of hazardous waste and owners
or operators of hazardous waste treatment, storage and disposal facilities to complete the
following information:
The following statement must be included with each Uniform Hazardous Waste Manifest,
either on the form, in the instructions to the form, or accompanying the form:
Public reporting burden for this collection of information is estimated to average: 37
minutes for generators, 15 minutes for transporters, and 10 minutes for treatment, storage
and disposal facilities. This includes time for reviewing instructions, gathering data,
and completing and reviewing the form. Send comments regarding the burden estimate,
including suggestions for reducing this burden, to: Chief, Information Policy Branch,
PM-223, U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460; and
to the Office of Information and Regulatory Affairs, Office of Management and Washington,
DC 20503.
GENERATORS
Item 1. Generator's U.S. EPA ID Number -- Manifest Document Number
Enter the generator's U.S. EPA twelve digit identification number and the unique five
digit number assigned to this Manifest (e.g., 00001) by the generator.
Item 2. Page 1 of ----
Enter the total number of pages used to complete this Manifest, i.e., the first page (EPA
Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700-22A), if any.
Item 3. Generator's Name and Mailing Address
Enter the name and mailing address of the generator. The address should be the location
that will manage the returned Manifest forms.
Item 4. Generator's Phone Number
Enter a telephone number where an authorized agent of the generator may be reached in the
event of an emergency.
Item 5. Transporter 1 Company Name
Enter the company name of the first transporter who will transport the waste.
Item 6. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the first transporter identified
in item 5.
Item 7. Transporter 2 Company Name
If applicable, enter the company name of the second transporter who will transport the
waste. If more than two transporters are used to transport the waste, use a Continuation
Sheet(s) (EPA Form 8700-22A) and list the transporters in the order they will be
transporting the waste.
Item 8. U.S. EPA ID Number
If applicable, enter the U.S. EPA twelve digit identification number of the second
transporter identified in item 7.
Note: If more than two transporters are used, enter each additional transporter's company
name and U.S. EPA twelve digit identification number in items 24-27 on the Continuation
Sheet (EPA Form 8700-22A). Each Continuation Sheet has space to record two additional
transporters. Every transporter used between the generator and the designated facility
must be listed.
Item 9. Designated Facility Name and Site Address
Enter the company name and site address of the facility designated to receive the waste
listed on this Manifest. The address must be the site address, which may differ from the
company mailing address.
Item 10. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the designated facility
identified in item 9.
Item 11. U.S. DOT Description (Including Proper Shipping
Name, Hazard Class, and ID Number (UN/NA))
Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number (UN/NA) for each
waste as identified in 49 CFR 171 through 177.
Note: If additional space is needed for waste descriptions, enter these additional
descriptions in item 28 on the Continuation Sheet (EPA Form 8700-22A).
Item 12. Containers (No. and Type)
Enter the number of containers for each waste and the appropriate abbreviation from Table
I (below) for the type of container.
Table I -- Types of Containers
DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums, barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases (including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons, cases
BA=Burlap, cloth, paper or plastic bags
Item 13. Total Quantity
Enter the total quantity of waste described on each line.
Item 14. Unit (Wt./Vol.)
Enter the appropriate abbreviation from Table II (below) for the unit of measure.
Table II -- Units of Measure
G=Gallons (liquids only)
P=Pounds
T=Tons (2000 lbs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters
Item 15. Special Handling Instructions and Additional Information
Generators may use this space to indicate special transportation, treatment, storage, or
disposal information or Bill of Lading information. States may not require additional,
new, or different information in this space. For international shipments, generators must
enter in this space the point of departure (City and State) for those shipments destined
for treatment, storage, or disposal outside the jurisdiction of the United States.
Item 16. Generator's Certification
The generator must read, sign (by hand), and date the certification statement. If a mode
other than highway is used, the word "highway'' should be lined out and the
appropriate mode (rail, water, or air) inserted in the space below. If another mode in
addition to the highway mode is used, enter the appropriate additional mode (e.g., and
rail) in the space below.
Primary exporters shipping hazardous wastes to a facility located outside of the United
States must add to the end of the first sentence of the certification the following words
"and conforms to the terms of the EPA Acknowledgment of Consent to the shipment.''
In signing the waste minimization certification statement, those generators who have not
been exempted by statute or regulation from the duty to make a waste minimization
certification under section 3002(b) of RCRA are also certifying that they have complied
with the waste minimization requirements.
Generators may preprint the words, "On behalf of'' in the signature block or may hand
write this statement in the signature block prior to signing the generator certifications.
Note: All of the above information except the handwritten signature required in item 16
may be preprinted.
TRANSPORTERS
Item 17. Transporter 1 Acknowledgement of Receipt of Materials
Enter the name of the person accepting the waste on behalf of the first transporter. That
person must acknowledge acceptance of the waste described on the Manifest by signing and
entering the date of receipt.
Item 18. Transporter 2 Acknowledgement of Receipt of Materials
Enter, if applicable, the name of the person accepting the waste on behalf of the second
transporter. That person must acknowledge acceptance of the waste described on the
Manifest by signing and entering the date of receipt.
Note: International Shipments -- Transporter Responsibilities.
Exports -- Transporters must sign and enter the date the waste left the United States in
item 15 of Form 8700-22.
Imports -- Shipments of hazardous waste regulated by RCRA and transported into the United
States from another country must upon entry be accompanied by the U.S. EPA Uniform
Hazardous Waste Manifest. Transporters who transport hazardous waste into the United
States from another country are responsible for completing the Manifest (40 CFR
§263.10(c)(1)).
Owners and Operators of Treatment, Storage, or Disposal Facilities
Item 19. Discrepancy Indication Space
The authorized representative of the designated (or alternate) facility's owner or
operator must note in this space any significant discrepancy between the waste described
on the Manifest and the waste actually received at the facility.
Owners and operators of facilities located in unauthorized States (i.e., the U.S. EPA
administers the hazardous waste management program) who cannot resolve significant
discrepancies within 15 days of receiving the waste must submit to their Regional
Administrator (see list below) a letter with a copy of the Manifest at issue describing
the discrepancy and attempts to reconcile it (40 CFR §264.72 and §265.72).
Owners and operators of facilities located in authorized States (i.e., those States that
have received authorization from the U.S. EPA to administer the hazardous waste program)
should contact their State agency for information on State Discrepancy Report
requirements.
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
Regional Administrator, U.S. EPA Region III, 6th and Walnut Sts., Philadelphia, PA 19106
Regional Administrator, U.S. EPA Region IV, 345 Courtland St., NE., Atlanta, GA 30365
Regional Administrator, U.S. EPA Region V, 230 S. Dearborn St., Chicago, IL 60604
Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX 75270
Regional Administrator, U.S. EPA Region VII, 324 East 11th Street, Kansas City, MO 64106
Regional Administrator, U.S. EPA Region VIII, 1860 Lincoln Street, CO 80295
Regional Administrator, U.S. EPA Region IX, 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: Certification of Receipt of Hazardous Materials
Covered by This Manifest Except as Noted in Item 19
Print or type the name of the person accepting the waste on behalf of the owner or
operator of the facility. That person must acknowledge acceptance of the waste described
on the Manifest by signing and entering the date of receipt.
Items A-K are not required by Federal regulations for intra- or interstate transportation.
However, States may require generators and owners or operators of treatment, storage, or
disposal facilities to complete some or all of items A-K as part of State manifest
reporting requirements. Generators and owners and operators of treatment, storage, or
disposal facilities are advised to contact State officials for guidance on completing the
shaded areas of the Manifest.
Instructions -- Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite) typewriter; a firm point pen may
also be used -- press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
More than two transporters are to be used to transport the waste;
More space is required for the U.S. DOT description and related information in Item 11 of
U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste and owners or
operators of hazardous waste treatment, storage, or disposal facilities to use the uniform
hazardous waste manifest (EPA Form 8700-22) and, if necessary, this continuation sheet
(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 twelve digit identification number and the unique five
digit number assigned to this Manifest (e.g., 00001) as it appears in item 1 on the first
page of the Manifest.
Item 22. Page ----
Enter the page number of this Continuation Sheet.
Item 23. Generator's Name
Enter the generator's name as it appears in item 3 on the first page of the Manifest.
Item 24. Transporter ---- Company Name
If additional transporters are used to transport the waste described on this Manifest,
enter the company name of each additional transporter in the order in which they will
transport the waste. Enter after the word "Transporter'' the order of the
transporter. For example, Transporter 3 Company Name. Each Continuation Sheet will record
the names of two additional transporters.
Item 25. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the transporter described in item
24.
Item 26. Transporter ---- Company Name
If additional transporters are used to transport the waste described on this Manifest,
enter the company name of each additional transporter in the order in which they will
transport the waste. Enter after the word "Transporter'' the order of the
transporter. For example, Transporter 4 Company Name. Each Continuation Sheet will record
the names of two additional transporters.
Item 27. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the transporter described in item
26.
Item 28. U.S. DOT Description Including Proper Shipping Name, Hazardous Class, and ID
Number (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 indicate special transportation, treatment, storage, or
disposal information or Bill of Lading information. States are not authorized to require
additional, new, or different information in this space.
TRANSPORTERS
Item 33. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number of the Transporter as identified in item 24. Enter also the name of
the person accepting the waste on behalf of the Transporter (Company Name) identified in
item 24. That person must acknowledge acceptance of the waste described on the Manifest by
signing and entering the date of receipt.
Item 34. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number as identified in item 26. Enter also the name of the person
accepting the waste on behalf of the Transporter (Company Name) identified in item 26.
That person must acknowledge acceptance of the waste described on the Manifest by signing
and entering the date of receipt.
OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES
Item 35. Discrepancy Indication Space
Refer to item 19.
Items L-R are not required by Federal regulations for intra- or interstate transportation.
However, States may require generators and owners or operators of treatment, storage, or
disposal facilities to complete some or all of items L-R as part of State manifest
reporting requirements. Generators and owners and operators of treatment, storage, or
disposal facilities are advised to contact State officials for guidance on completing the
shaded areas of the manifest.
(49 FR 10501, Mar. 20, 1984, as amended at 51 FR 28685, Aug. 8, 1986; 51 FR 35192, Oct. 1,
1986; 53 FR 45091, Nov. 8, 1988)