1625-0096 Stat/Authority

Environmental Protection Agency

§ 263.30

years after termination or expiration
of the agreement.
[45 FR 33151, May 19, 1980, as amended at 45
FR 86973, Dec. 31, 1980; 51 FR 10176, Mar. 24,
1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315,
Apr. 12, 1996]

§ 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:
(1) 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
(2) 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]

Subpart C—Hazardous Waste
Discharges
§ 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 the 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

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§ 263.31

40 CFR Ch. I (7–1–04 Edition)

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

Subpart D—Contingency Plan and
Emergency Procedures
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.

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.

PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE
TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
Subpart A—General
Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.

Subpart B—General Facility Standards
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable,
reactive, or incompatible wastes.
264.18 Location standards.
264.19 Construction quality assurance program.

Subpart C—Preparedness and Prevention
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm
system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.

Subpart E—Manifest System,
Recordkeeping, and Reporting
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.

Subpart F—Releases From Solid Waste
Management Units
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste
management units.

Subpart G—Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of
equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
264.118 Post-closure plan; amendment of
plan.
264.119 Post-closure notices.
264.120 Certification of completion of postclosure care.

Subpart H—Financial Requirements
264.140 Applicability.
264.141 Definitions of terms as used in this
subpart.
264.142 Cost estimate for closure.
264.143 Financial assurance for closure.

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