40 CFR Part 263 -- STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
Subpart A -- General
263.10 Scope.
263.11 EPA identification number.
263.12 Transfer facility requirements.
Subpart B -- Compliance With the Manifest System and Recordkeeping
263.20 The manifest system.
263.21 Compliance with the manifest.
263.22 Recordkeeping.
Subpart C -- Hazardous Waste Discharges
263.30 Immediate action.
263.31 Discharge clean up.
Subpart A -- General
§263.10 Scope.
(a) These regulations establish standards which apply to persons transporting hazardous
waste within the United States if the transportation requires a manifest under 40 CFR Part
262.
Note: The regulations set forth in Parts 262 and 263 establish the responsibilities of
generators and transporters of hazardous waste in the handling, transportation, and
management of that waste. In these regulations, EPA has expressly adopted certain
regulations of the Department of Transportation (DOT) governing the transportation of
hazardous materials. These regulations concern, among other things, labeling, marking,
placarding, using proper containers, and reporting discharges. EPA has expressly adopted
these regulations in order to satisfy its statutory obligation to promulgate regulations
which are necessary to protect human health and the environment in the transportation of
hazardous waste. EPA's adoption of these DOT regulations ensures consistency with the
requirements of DOT and thus avoids the establishment of duplicative or conflicting
requirements with respect to these matters. These EPA regulations which apply to both
interstate and intrastate transportation of hazardous waste are enforceable by EPA.
DOT has revised its hazardous materials transportation regulations in order to encompass
the transportation of hazardous waste and to regulate intrastate, as well as interstate,
transportation of hazardous waste. Transporters of hazardous waste are cautioned that
DOT's regulations are fully applicable to their activities and enforceable by DOT. These
DOT regulations are codified in title 49, Code of Federal Regulations, subchapter C.
EPA and DOT worked together to develop standards for transporters of hazardous waste in
order to avoid conflicting requirements. Except for transporters of bulk shipments of
hazardous waste by water, a transporter who meets all applicable requirements of 49 CFR
Parts 171 through 179 and the requirements of 40 CFR §263.11 and §263.31 will be deemed
in compliance with this part. Regardless of DOT's action, EPA retains its authority to
enforce these regulations.
(b) These regulations do not apply to on-site transportation of hazardous waste by
generators or by owners or operators of permitted hazardous waste management facilities.
(c) A transporter of hazardous waste must also comply with 40 CFR Part 262, Standards
Applicable to Generators of Hazardous Waste, if he:
(1) Transports hazardous waste into the United States from abroad; or
(2) Mixes hazardous wastes of different DOT shipping descriptions by placing them into a
single container.
(45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980)
§263.11 EPA identification number.
(a) A transporter must not transport hazardous wastes without having received an EPA
identification number from the Administrator.
(b) A transporter 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 transporter.
§263.12 Transfer facility requirements.
A transporter who stores manifested shipments of hazardous waste in containers meeting the
requirements of 262.30 at a transfer facility for a period of ten days or less is not
subject to regulation under Parts 270, 264, 265, and 268 of this chapter with respect to
the storage of those wastes.
(45 FR 86968, Dec. 31, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 51 FR 40637, Nov. 7,
1986)
§263.20 The manifest system.
(a) A transporter may not accept hazardous waste from a generator unless it is accompanied
by a manifest signed in accordance with the provisions of 40 CFR §262.20. In the case of
exports, a transporter may not accept such waste from a primary exporter or other person
(1) if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and
(2) unless, in addition to a manifest signed in accordance with the provisions of 40 CFR
§262.20, such waste is also accompanied by an EPA Acknowledgment of Consent which, except
for shipment by rail, is attached to the manifest (or shipping paper for exports by water
(bulk shipment)).
(b) Before transporting the hazardous waste, the transporter must sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator. The
transporter must return a signed copy to the generator before leaving the generator's
property.
(c) The transporter must ensure that the manifest accompanies the hazardous waste. In the
case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of
Consent also accompanies the hazardous waste.
(d) A transporter who delivers a hazardous waste to another transporter or to the
designated facility must:
(1) Obtain the date of delivery and the handwritten signature of that transporter or of
the owner or operator of the designated facility on the manifest; and
(2) Retain one copy of the manifest in accordance with §263.22; and
(3) Give the remaining copies of the manifest to the accepting transporter or designated
facility.
(e) The requirements of paragraphs (c), (d) and (f) of this section do not apply to water
(bulk shipment) transporters if:
(1) The hazardous waste is delivered by water (bulk shipment) to the designated facility;
and
(2) A shipping paper containing all the information required on the manifest (excluding
the EPA identification numbers, generator certification, and signatures) and, for exports,
an EPA Acknowledgment of Consent accompanies the hazardous waste; and
(3) The delivering transporter obtains the date of delivery and handwritten signature of
the owner or operator of the designated facility on either the manifest or the shipping
paper; and
(4) The person delivering the hazardous waste to the initial water (bulk shipment)
transporter obtains the date of delivery and signature of the water (bulk shipment)
transporter on the manifest and forwards it to the designated facility; and
(5) A copy of the shipping paper or manifest is retained by each water (bulk shipment)
transporter in accordance with §263.22.
(f) For shipments involving rail transportation, the requirements of paragraphs (c), (d)
and (e) do not apply and the following requirements do apply:
(1) When accepting hazardous waste from a non-rail transporter, the initial rail
transporter must:
(i) Sign and date the manifest acknowledging acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any; or,
(B) The designated facility, if the shipment is delivered to that facility by rail; or
(C) The last rail transporter designated to handle the waste in the United States;
(iv) Retain one copy of the manifest and rail shipping paper in accordance with §263.22.
(2) Rail transporters must ensure that a shipping paper containing all the information
required on the manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports an EPA Acknowledgment of Consent
accompanies the hazardous waste at all times.
Note: Intermediate rail transporters are not required to sign either the manifest or
shipping paper.
(3) When delivering hazardous waste to the designated facility, a rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the owner or operator of the
designated facility on the manifest or the shipping paper (if the manifest has not been
received by the facility); and
(ii) Retain a copy of the manifest or signed shipping paper in accordance with §263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail transporter must:
(i) Obtain the date of delivery and the handwritten signature of the next non-rail
transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with §263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must
sign and date the manifest and provide a copy to the rail transporter.
(g) Transporters who transport hazardous waste out of the United States must:
(1) Indicate on the manifest the date the hazardous waste left the United States; and
(2) Sign the manifest and retain one copy in accordance with §263.22(c); and
(3) Return a signed copy of the manifest to the generator; and
(4) Give a copy of the manifest to a U.S. Customs official at the point of departure from
the United States.
(h) A transporter transporting hazardous waste from a generator who generates greater than
100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not
comply with the requirements of this section or those of §263.22 provided that:
(1) The waste is being transported pursuant to a reclamation agreement as provided for in
§262.20(e);
(2) The transporter records, on a log or shipping paper, the following information for
each shipment:
(i) The name, address, and U.S. EPA Identification Number of the generator of the waste;
(ii) The quantity of waste accepted;
(iii) All DOT-required shipping information;
(iv) The date the waste is accepted; and
(3) The transporter carries this record when transporting waste to the reclamation
facility; and
(4) The transporter retains these records for a period of at least three years after
termination or expiration of the agreement.
(45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51 FR 10176, Mar.
24, 1986; 51 FR 28685, Aug. 8, 1986)
§263.21 Compliance with the manifest.
(a) The transporter must deliver the entire quantity of hazardous waste which he has
accepted from a generator or a transporter to:
(1) The designated facility listed on the manifest; or
(2) The alternate designated facility, if the hazardous waste cannot be delivered to the
designated facility because an emergency prevents delivery; or
(3) The next designated transporter; or
(4) The place outside the United States designated by the generator.
(b) If the hazardous waste cannot be delivered in accordance with paragraph (a) of this
section, the transporter must contact the generator for further directions and must revise
the manifest according to the generator's instructions.
§263.22 Recordkeeping.
(a) A transporter of hazardous waste must keep a copy of the manifest signed by the
generator, himself, and the next designated transporter or the owner or operator of the
designated facility for a period of three years from the date the hazardous waste was
accepted by the initial transporter.
(b) For shipments delivered to the designated facility by water (bulk shipment), each
water (bulk shipment) transporter must retain a copy of the shipping paper containing all
the information required in §263.20(e)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within the United States:
(i) The initial rail transporter must keep a copy of the manifest and shipping paper with
all the information required in §263.20(f)(2) for a period of three years from the date
the hazardous waste was accepted by the initial transporter; and
(ii) The final rail transporter must keep a copy of the signed manifest (or the shipping
paper if signed by the designated facility in lieu of the manifest) for a period of three
years from the date the hazardous waste was accepted by the initial transporter.
Note: Intermediate rail transporters are not required to keep records pursuant to these
regulations.
(d) A transporter who transports hazardous waste out of the United States must keep a copy
of the manifest indicating that the hazardous waste left the United States for a period of
three years from the date the hazardous waste was accepted by the initial transporter.
(e) 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.
(45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980)
§263.30 Immediate action.
(a) In the event of a discharge of hazardous waste during transportation, the transporter
must take appropriate immediate action to protect human health and the environment (e.g.,
notify local authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation and an official (State
or local government or a Federal Agency) acting within the scope of his official
responsibilities determines that immediate removal of the waste is necessary to protect
human health or environment, that official may authorize the removal of the waste by
transporters who do not have EPA identification numbers and without the preparation of a
manifest.
(c) An air, rail, highway, or water transporter who has discharged hazardous waste must:
(1) Give notice, if required by 49 CFR §171.15, to the National Response Center
(800-424-8802 or 202-426-2675); and
(2) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous
Materials Regulations, Materials Transportation Bureau, Department of Transportation,
Washington, DC 20590.
(d) A water (bulk shipment) transporter who has discharged hazardous waste must give the
same notice as required by 33 CFR §153.203 for oil and hazardous substances.
§263.31 Discharge clean up.
A transporter must clean up any hazardous waste discharge that occurs during
transportation or take such action as may be required or approved by Federal, State, or
local officials so that the hazardous waste discharge no longer presents a hazard to human
health or the environment.