Wednesday
December 31, 1980
Part XX
Environmental -
Protection Agency
Hazardous Waste Management System:
Storage by Transporters; Shipments
From Treatment, Storage, or Disposal
Facilities; Transportation by Rail
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I 111 pi
III II
I II'
86966 Federal Register / Vol. 45, No[ 252 / Wednesday, December 31', 1980 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY ...........................
40 CFR Parts 122, 263, 264, and 265
"'!" » ' ii '"'"" .,", "Mil •"» ...... ,,„;!, N • ,; , ;"' !JI i' K" • '"' i,,i,!':.i I."'!- '
JSW FKL 1715-5]
Hazardous Waste Management
System: Storage Requirements
Applicable to Transporters of
Hazardous Waste, Standards for
Owners and Operators of Hazardous
' Waste Treatment, Storage and
Dlspst^I Facilities, Interim Status .........
Standards for Owners and Operators
of Hazardous Waste Treatment,
Storage, and Disposal Facilities and
EPA Administered PermiFProgram:
The Hazardous Waste Permit Program
AGENCY: Environmental Protection
Agency, ......... "l":"" ' """' '" ....... '
ACTION: Interim final amendments and .
request for comments.
SUMMARY: In February and May of 1980,
EPA promulgated final regulations
applicable to transporters of hazardous
Waste and to owners and operators of
hazardous waste storage facilities. 45 FR
12722 (February 28, IflBO) and 45 FR
33060 {May 19, 1980). These
amendments supplement those
regulations by clarifying when a
transporter handling shipments of
haardpus waste is required to obtain a
"storage" facility permit. Under these
amendments a transporter may hold a
manifested shipment of hazardous
wasle for up to ten days without a
RCRA permit and without complying
with the standards applicable to
hazardous i waste storage facilities. If the
waste is held for more than ten days, an
RCRA permit is required, and the
transporter must comply with the
applicable storage standards and permit
requirements.
DATES: Effective date: December 31,
i860. Comment date: EPA will accept
public comments on this interim final
nue un|Jl March 2, 1901. .............. ..............................
ADDRESS: Comments on the amendment
should be sent to the Docket Clerk
(Docket 3003 — Transportation Storage),
Office of Solid Waste (WH-563), U.S.
Environmental Protection Agency, 401 M
Strpcl, SW., Washington, DC 20460.
FllHtHER INFORMATib'N tONTACT:
For general information concerning
these regulations, contact Rolf P. Hill, or
Carolyn Barley, (202) 755-9150, Office of
Solid Waste (WH-563), U.S.
Environmental Protection Agency,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
I. Authority
This interim final regulation is issued
under the authority of Sections 2Q02(a),
3002, 3003, 3004, and 3005, of Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976, as amended, (RCRA), 42
U.S.C. 6912(a), 6923, 6924, 6925.
II. Background Information
A. Introduction
In regulations promulgated in
February of 1980, EPA established
standards applicable tp generators and
transporters of hazardous waste. 45 FR
12742 (February 26,1980). These
standards created, among other things, a
manifest system which was designed to
track hazardous wastes from thejr
generation through their ultimate
disposition. In addition, for the
transportation of hazardous waste, EPA
adopted many of the requirements of the
Department of Transportation (DOT)'
under the Hazardous Materials
Transportation Act designed to ensure
the proper and safe transportation of
hazardous materials. In May of 1980,
DOT amended its regulations to include
hazardous wastes iij its regulatory
program. 45 FR 34560 (May 22,1980).
In May of 1980, EPA promulgated
regulations that, among other things, set
standards and permit requirements
applicable to owners and operators of
hazardous waste management facilities.
40 CFR Parts 264, 265 and 122. 45 PR
33220 (May 19,1980). These regulations
prescribe general operating practices for
all hazardous waste management
facilities as well as set specific
requirements for the storage of
hazardous waste. All hazardous waste
management facilities must have an
RCRA permit to operate or, prior to the
issuance of a permit, be in "interim
status".
Many transporters own or operate
transfer facilities (sometimes called
"break-bulk" facilities) as part of their
transportation activities. At these
facilities, for example, shipments may
be consolidated into larger units or
shipments may be transferred to
different vehicles for redirecting or re-
routing. Shipments generally are held at
these facilities for short periods of time.
The length of time may vary due to such
factors as scheduling and weather, but
because" these facilities are intended to
facilitate transportation activities, rather
than storage, the time is typically as
short as practicable.
In developing the hazardous waste
regulations EPA recognized that in the
normal course of transportation
hazardous waste might be held for short
periods of time in vehicles (e.g. in trucks
parked at the transporter's terminal
overnight or over a weekend) or at
transfer facilities. The Agency did not,
however, clearly state that the holding
of hazardous waste by a transporter
incidental to transportation would not
require a RCRA storage permit and
compliance with the standards
applicable to storage of hazardous ,
waste. A literal application of the
regulations, however, might require all
transporters who hold waste during
transportation or who own or operate
transfer facilities to obtain RCRA
permits. The,transportation industry has
asked EPA whether the Agency
intended to require transporters to file
permit applications and comply with the
substantive standards for storage.
B. Transfer Facility Requirements
For the reasons set forth below, EPA
believes that transporters who hold
hazardous wastes for a short period of
time in the course of transportation
should not be considered to be storing
hazardous wastes and should not be
required to obtain a RCRA permit or
interim status and comply with the
standards of Parts 264 or 265. For the
amendments published today, EPA
allows transporters to hold wastes in
the course of transportation for up to 10
days if the waste is accompanied by a
manifest and remains in containers
. which meet the Department of
Transportation (DOT) packaging
requirements. These amendments
relieve transporters who own or operate
a transfer facility of the necessity of
obtaining a RCRA permit and of
complying with the substantive
requirements for storage for the holding
of wastes which is incidental to normal
transportation practices. The term
transfer facility, as used in this
amendment, refers to transportation
terminals (including vehicle parking
areas, loading docks and other similar
areas) break-bulk facilities or any other
facility commonly used by transporters
to temporarily hold shipments of
hazardous waste during transportation.
The transportation system established
by EPA's regulations should achieve
adequate'protection of human health
and the environment. Transporters have
a natural incentive to move shipments
quickly and efficiently; their business, in
most cases, is the movement of
hazardous wastes rather than the
storage of such waste. In addition, the
manifest system requires that the
generator receive a copy of the manifest,
signed and dated by the designated
facility within 35 days. To avoid the
necessity of locating shipments of
hazardous waste and filing Exception
Reports with EPA, generators will desire
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Federal Register / Vol. 45, No. 252 /Wednesday, December 31. 1980 / Rules and Regulations. 86967
prompt transportation and'delivery of
hazardous waste shipments. These
factors, working together, should
operate to ensure that wastes will not be
held in storage for lengthy periods by
transporters.
In addition, the amended regulations
set a ten day period for in-transit
holding of hazardous waste. This will of
course provide a further incentive for
transporters to quickly mov& shipments
. of hazardous waste. EPA chose a ten
day period in order to allow short term
holding of waste for transfer and to
account for such things as scheduling
problems, weather delays, temporary
closing and other factors which might
cause unforseen delays. The Agency
also received information from the
transportation industry indicating that
shipments of hazardous waste normally
take .no longer than fifteen days
(including .both the actual transportation
and the temporary holding of the>
shipment.) Therefore,, providing ten days
for in-transit storage of waste will cover
almost all transportation related holding
activities. ^
The amendments provide that the
hazardous wastes being held at transfer
facilities must be in containers
(including tank cars and cargo tanks)
which meet DOT specifications for
packaging under 49 CFR173,178 and
179. This provision should ensure that
the hazardous waste remains properly-
packaged during this phase of
transportation. Although the Agency
believes that this requirement should
provide adequate protection of human -
health and the environment during the
short period that hazardous wastes are
held at a transfer facility, we solicit
comments on whether additional
requirements should be imposed, such
as contingency plans, personnel training,
and inspections. Comments are
specifically requested on which, if any,
of the Part 265 requirements should be
placed on transporters who hold
shipments of hazardous waste for ten
days or less.
It is important to note that the
provisions of Subpart C of Part 263,
regarding transporter responsibilities in
the event of a discharge, apply to
transfer facilities. Specifically, a
transporter is required to clean up any
hazardous waste discharge and to report
the discharge in accordance with the
provisions of Department of ,
Transportatidn's Regulations (49 CFR
Part 171).
The Agency believes that adequate
protection of human health and the
environment can be achieved by limiting
the length of in-transit holding of wastes
and by requiring the use of DOT
containers. These simple requirements;
do not have to be implemented through
the issuance of RCRA permits and
compliance with all the requirements fo'r
hazardous waste storage facilities. EPA
further believes that the administrative
burdens on both the regulated •
. community and EPA are substantially
reduced without detriment to the
protection of human health and the
environment. ,
In addition, by allowing limited in-
transit storage without a RCRA permit
or interim status, these amendments
better serve the important purposes of
the manifest system by enabling and
requiring the generator to designate the
ultimate treatment, storage or disposal:
facility, rather than a transporter
transfer facility and fay ensuring the
prompt delivery of hazardous waste
shipments to such facilities. If hazardous
wastes had to be manifested to. a
permitted or interim status transfer
facility where the wastes were held
temporarily, then the generator would ',
be unintentionally relieved of the
important responsibility of designating
and assuring delivery to the ultimate
treatment, storage or disposal facility.
The ten day exemption only applies
when a transporter is holding "the
manifested shipment of hazardous
waste in containers which meet
applicable Department of
.Transportation regulations for ~
packaging. The Agency decided to
exclude the holding of hazardous waste
in stationary storage tanks from these
amendments because the intent of this
action is to accommodate those normal
and routine transfer activities raised by
the transportation industry. Specifically,
the industry was concerned about
RCRA's application to transport vehicles
parked at transfer facilities and to
containers which, in the course of being
transferred from one vehicle to another,
were held on a loading dock or other
similar facility for a short period of time.
The Agency specifically requests
comments on whether the ten day
exemption should be expanded to
include temporary storage in tanks
meeting the requirements of Subpart J of
40 CFR Part 265 (except § 265.193).
These amendments do not affect the
manifest system established in the
February and May regulations. The
generator, each transporter and the
designated facility are still required to
sign the manifest. The Agency is,
however, considering requiring
additional entries on the manifest.
Specifically, comments are requested oh
whether signatures and dates should
appear on the manifest indicating when
the shipment entered and left the
transfer facility.
These amendments do. not place any
new requirements on transporters re-
packaging waste from one container to
another (e.g., consolidation of wastes
from smaller to larger containers) or on
transporters who mix. hazardous wastes
at transfer facilities. The Agency solicits
comments on whether regulatory
controls over the consolidation of
shipments and mixing of hazardous
waste by transporters are warranted.
Specifically, should controls similar to
those in Part 265 regarding the mixing of
incompatible waste be placed on .
transporters? -
IV. Interim Final Regulations and
Effective Date
• !
A. Interim Final Regulations
EPA has determined under Section
553 of the Administrative Procedures
Act, 5 U.S.C. 553, that there is good
cause for promulgating these •
amendments without prior notice and
comment Without these amendments,"
transporters who own or operate
transfer facilities, under.a literal .
application of the regulations, could
continue to operate such facilities on or
after November 19,1980 only if they had
a permit or interim status and complied
with the applicable requirements of
Parts 264 or 265. We believe that it is
essential to correct this and to clearly
set forth the obligations of transporters.
B. Effective Date
Section 3010(b) of RCRA provides that
EPA's hazardous waste regulations and
revisions thereto take effect six months
after promulgation. The purpose of this
requirement is to allow persons handling
hazardous waste sufficient lead time, to
prepare arid to comply with major new
regulatory requirements. For the
amendments promulgated today,
however, the Agency believes that an
effective date six months after
promulgation would cause substantial
and unnecessary disruption in the
implementation of the regulations and
would not be in the public interest.
Since the amendments reduce, rather •
than increase, the existing requirements
for transporters, there is no basis for
allowing a lengthy period of time for
transporters to prepare for compliance.
Therefore, the regulatory provisions that
these amendments modify take effect
immediately.
V. Environmental, Economic and
Regulatory Impacts
These amendments reduce the
economic,' reporting and record-keeping
impacts on transporters who own or
operate transfer facilities by virtue of
eliminating, in most cases, the
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S6968 "Federal Register /" Vol. W'No. 252 ''y'''^'g^g^'^
" roqutreriient for.applylng for an
iqdlvld^al.RCRA permit and complying
With thq substantive "requirements' of
^ |*« rj«' 2SjL or 285. Thp proposed
" amendments will also reduce the
resource demands on the Agency by
reducing the number of Individual RCRA
permits that otherwise would have to be
fsstted, The Agency believes that these
savings can be achieved without
significantly reducing the protection of
human health and environment.
VI. Request for Comment
The Agency invites comments on all
Wpecls of these amendments and on all
of the issues discussed in this preamble.
EPA recognizes that a wide variety of
aituatlopi CK!$( and is anxious to make
Its regulations as reasonable and
workable as possible.
Ail comments should be addressed to
tie Docket Clerk (see address above)
and should contain specific
documentation which supports the
continent,
• . Dated: December 22, I960. ',"„
Douglis M. Costle,
Part 264—STANDARDS FOR OWNERS
AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
47 Add the following subparagraph to
§264.1[§)
§264.1 [Amended]
*****
(g) * * *
(6) A transporter storing manifested
shipments of hazardous waste in
containers meeting the requirements of
40 CFR I 262.30 at a transfer facility for
a period of ten days or less.
PART 265—INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND
„ PJSPOJAL FACILITIES
5. Add the following subparagraph to
§265.1fc)
§265.1 [Amended]
Title 40 of the Code of Federal
Regulations is amended as follows:
PART 260— HAZARDOUS WASTE
: GENERAL
1, Add the following definition to
'
f 260.10
[Amended]
** ""« *
(c)*v* '
(10) A transporter storing manifested
shipments of hazardous waste in
containers meeting the requirements of
40 CFR § 262.30 at a transfer facility for
a period of ten days or less.
PART 122—EPA ADMINISTERED
PERMIT, PROGRAMS: THE NATIONAL
'POLLUTANT jjJscHARGE
ELIMINATION SYSTEM; THE
HAZARpOyS WASTE PERMIT
PROGRAM; AND THE UNDERGROUND
CONTROL PROGRAM
"Transfer facility" means any
transportation related facility including
loading docks, parking areas, storage
areas and other similar areas where
shipments of hazardous waste are held
during the normal course of
transportation, ' ,-,' '"_
6. Add the following definition to
§ 122.3
§122.3 [Amended]
PART 263— STANDARDS APPLICABLE
TO TRANSPORTERS OF HAZARDOUS
. WASTE , . .........................
"Transfer facility" means any
transportation related facility including
loading docks, parking areas, storage
areas and other similar ace,as where
shipments of hazardous waste are held
during the normal course of
2. jRpppvc the note following
................. '
3. Add the following section to
SuEpart A:
$ 263,12 Transfer facility requirements.
A transporter who stores manifested
shipments of hazardous waste in
pontainerf meeting thp requirements of
f 262,30 at a transfer facility for a period
of ten days or less is not subject to
ftf Nation tinder Parts 122, 264, and 265
of this chapter with respect to the
storage of those wastes.
transportation.
7. Add the following subparagraph to
§ 122,21(d)(2)
§ 122,21 [Amended]
(2)*,* *. ;v ,, ( .............
(vi) Transporters storing manifested
shipments of hazardous waste in
containers meeting the requirements of
40 CFR § 262.30 at a transfer facility for
a period of ten days or less.
[FR Doc. 80-40e-i7 Fifed W-gf
BILLING CODE 6ESO-30-M
40 CFR Parts 262,264 and 265
[SW FRL 17115-6]
Hazardous Waste Management
System; Standards for Generators of
Hazardous Waste, and Standards for
Owners and Operators of Hazardous
Waste Treatment, Storage, and
Disposal Facilities and Interim Status
Standards for Owners and Operators
of Hazardous Waste Treatment,
Storage, and Disposal Facilities
AGENCY: Environmental Protection
Agency.
ACTION: Interim final rule and request
for comments.
SUMMARY: This regulation amends
§§ 262.10, 264.71 and 265.71 to provide
that owners or operators of hazardous
waste treatment, storage, and disposal
facilities must comply with the
requirements of Part 262 whenever a
shipment of hazardous waste is initiated
at their facilities. The effect of this
provision is to require owners and
operators to comply with the standards
applicable to generators including the
preparation of manifests, all pre-
transport requirements and the
• recordkeeping and report provisions of
Part 262.
DATES: Effective Date: December 31,
1980. Comment Date: The Agency will
accept comments on this interim final
rule until March 2,1981.
ADDRESSES: Comments should be sent
to Docket Clerk (Docket No. 3002-
Shipments from Permitted Facilities),
,;,- agigg a£j§aiisi SXaals [Mtses^iis.
Environmental Protection Agency, 401M
Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT:
For information concerning these
regulations, contact Rolf P. Hill, (202)
755-9150, Office of Solid Waste (WH-.
563), U.S. Environmental Protection
Agency, Washington, D.C. 20460.
SUPPLEMENTARY INFORMATION:
I. Authority
Tfiis interim final rule is issued under
the authority of sections 2002(a), 3002,
3003, and 3004 of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act of 1976, as amended (RCRA), 42
USC 6912(a), 6923, 6924.
II. Background
Section 3004 of RCRA requires the
Environmental Protection Agency (EPA)
to promulgate standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities. EPA
promulgated the initial set of these
standards on May 19,1980 45 FR 33220.
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Federal Register / Vol. 45, No. 252 /Wednesday, December 31, 1980 / Rules and Regulations
These regualtions, which are set forth in
40 CFR Parts 264 and 265, establish ,
operating standards and practices for
the management of hazardous wastes in
treatment, storage and disposal
facilities.
In addition, EPA has promulgated
regulations establishing standards
applicable to generators of hazardous
waste. 40 GFR Part 262, 45 FR 12722?
(February 26,1980) and 45 FR 33140
(May 19,1980). These regulations,
require generators, among other things,
tp determine whether their waste is -
hazardous; initiate a manifest; properly
label, package, mark and placard
shipments of hazardous waste; and to -
comply with certain recqrdkeeping and
reporting requirements.
Owners and operators of hazardous
waste management facilities may
generate hazardous waste (e.g., residues
created by treatment processes). With
respect to the hazardous waste that
. these persons generate* they, like other
generators^must comply with the
applicable provisions of Part 262.
Accordingly, if owners and operators of
these facilities transport hazardous
waste off-site that they have generated,
they must undertake certain activities,
including initiating the manifest, and
properly labeling and packaging the
waste.
Owners and operators .of hazardous"
waste management facilities may also
ship off-site hazardous waste which
they did not generate. The most obvious
example is the removal of hazardous
waste from a storage facility. The owner
or operator of a storage facility does riot
"generate" a waste simply by removing
it from storage. Removing hazardous
waste from storage for shipment offsite,
however, means that the waste will be
transported and subsequently handled'
elsewhere.
Other examples are off-site
transportation of (1) hazardous waste
removed from a disposal facility, (2)
wholly or partially treated hazardous
waste which .has not been "delisted"
under § 261.3(d) and (3) solid waste
generated from the treatment, storage-or
disposal of hazardous waste [see
§ 261r3(c)(2)] which has not been
"delisted" under § 261.3(d). Although, in
these situations, the owner or operator
has not, in fact, "generated" the
hazardous waste, EPA believes he
sliould assume the responsibilities of a
generator to assure-that the off-site
shipments of these wastes are properly
managed. '
Members of the regulated community
have requested that EPA clarify what ,
regulations apply when a facility
initiates a shipment of hazardous waste
which it did not generate. Some ,
comments indicated that persons
thought that such shipments would not
require a manifest. However, in the .
preamble to the May 19 Part 261
regulations, under the heading "When
does a hazardous waste7 cease to be a
hazardous waste?", EPA stated, "as a
practical matter,. . . facilities which
store, dispose of, or treat hazardous
waste must be considered hazardous
waste management facilities for as long
as they continue to contain hazardous
waste, and . . . any waste removed from
such facilities, . , . must be managed
as a hazardous waste." (emphasis
added) 45 FR 33096tMay 19,1980).
Further, in comments included in the
closure requirements of various sections
of Part 265 (e.g. § 265.197), the Agency
stated that shipments from facilities at
closure as well as throughout the
operating period must be managed in
accordance with Parts 262 and 263. Thus
it is evident that EPA intended owners:
and operators of these facilities to
comply with the Part 262 standards
when shipping hazardous wastes from
their facilities. EPA failed, however, to
specify that intent in the, regulations.
fill. Requirements on Shipments of
Hazardous Waste From Facilities
This amendment requires owners and
operators of hazardous waste
management facilities to comply with
the Part 262 generator standards, when
they initiate a shipment of hazardous
waste which they have not "generated"
from their facilities. (These owners and
operators, like other generators of
hazardous waste, must comply with all
the Part 262 standards for hazardous
wastes they in fact generate). The owner
or operator is required to determine' if
the waste is hazardous (§ 262.11). If the
; owner or operator is removing from
storage hazardous waste which was
originally manifested by the generator,
he may rely on the information on the
manifest to make the determination
pursuant to § 262.11(c)(2j. He is required
to prepare a manifest to accompany the
shipment, pursuant to SubpartB of Part
262. He must package, label, mark, and
placard the waste in accordance with
the applicable EPA and Department of
Transportation regulations, as provided
irtSubpart C of Part 262. He must also
comply with the Subpart D
recordkeeping and reporting
requirements and the special conditions
applicable to international shipments "
(§ 262.50). •
The owner or operator is not required
to obtain .a new EPA identification
number when manifesting shipments of
hazardous waste. The number already >
assigned to the owner or. operator of the
facility should be used.
The provisions of § 262.34 do not
apply, however, to hazardous wastes
which the owner or operator did not
generate, that is, hazardous wastes ;
which he received are not eligible for:
the accumulation time provisions. Those
provisions relate to accumulation of ;
waste immediately after it has been
generated at the site of generation in
order to allow the generator an
opportunity to accumulate sufficient
- quantities of waste prior to treatment,
storage or disposal and to make the
necessary arrangements for the^ waste's
disposition.
Today's amendment applies when the
.owner or operator initiates a shipment
of hazardous waste. Some facilities
which have storage permits may handle,
in the course of transportation,
hazardous waste shipments which are
accompanied by a manifest designating
another facility for treatment, storage or
disposal of the waste. For example, a
transfer facility operated by a
transporter may engage in longterm
storage of hazardous waste and may
also hold manifested waste for short
periods related to the transportation of
that waste. Another amendment to the
hazardous waste regulations states that
the holding of manifested wastes for
short periods in the course of
transportation does not constitute
storage requiring a RCRA permit or
interim status or compliance with the
264/265 standards. The amendment
discussed in this preamble applies to the
removal of hazardous waste from long-
term storage; the'-waste held for short
periods (ten days or less) as part of the
routine transportation of that waste ,
would be subject to the original
manifest. . .
These amendments do not apply to
inactive facilities or to the inactive •
portions of treatment, storage and
disposal facilities. The applicability of
the RCRA hazardous waste' regulations
to those facilities is the subject of
another amendment which is currently
being developed by the Agency. In the
interim, persons shipping hazardous
waste from inactive facilities or inactive:
portions of facilities are advised to
manifest each shipment and comply
with the otherrequirements of Part 262.
The rationale for applying these
requirements to owners and operators of
hazardous waste management facilities
parallels that underlying the entire
Subtitle C system. Congress established
the system to protect public health and
the environment during management of /
hazardous waste from the time of
generation through ultimate disposition.
The key to the system is the manifest,
which enables EPA (or the states, when
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86970 Federal Register / Vol. 45, No. 252 / Wednesday, December 31, 1980 /Rules and Regulations
their programs are approved) to track
Individual shipments of hazardous
waste. RCRA places the initial burden of
prep .wing the manifest, recordkeeping,
*nd reporting on the generator. Other
requirements placed upon the
jpntr'tlor—•proper "packaging, labeling,
placarding and marking—are essential
tin unaurjjig transportation of hazardous
wastes In a manner which protects
human health and the environment.
Further, section 3004(2) requires
facilities to comply with the manifest
•y»tem tstablished under section 3002
which assures that hazardous wastes
«» sent to permitted facilities.
Therefore, the owner or operator of a
facility who ships hazardous waste
elsewhere Is in a position analogous to
fta generator. It is his act which ought to
trigger the application or regulatory
" controls designed to ensure the safe ;..
transportation of hazardous wastes. For
this re«f:on, EPA believes that it is
satircly appropriate for the owner or
operator to comply with the Part 262
requirements,
IV. A. Interim Final Regulations
EPA has determined that good cause
exists ib promulgate these amendments
Without prior notice and comment. They
cpnfqrni the regulations to their original
intent and ensure "cradle-to-grave"
aontrol over hazardous waste. The
foijure to explicitly include these
'Wqtiir, errients has caused substantial
acicertaialy and confusion in the
regulated community. To prolong this
confusion during the completion of
formal rulemaking could result in
substantial hardship on the regulated
community.
In addition, there are compelling
eiwirofimenlal reasons for EPA to
.ttnd,ertafeft; this procedural course. There
«8 no explicit requirements without
these amendments for persons who
Serapve hazardous waste from storage
facilities, Th!s means that a substantial
volume of hazardous waste which is
otherwise subject to regulation may be
shipped and handled without any
r regulatory controls. Based on the literal
language of the regulations, as presently
drafted, these wastes need not be
rnaniFesli.'d, nor properly labeled or
packaged, nor sent to a proper
twntment, storage or disposal facility.
EPA has determined, however, that
thesa requirements are necessary to
protect human health and the
unvlronment. Thesg requirements are
equal!} necessary whether a generator
initiates a shipment of hazardous waste
or whether an owner or operator of a
storage facility does so.
V. Effective Date
Section 3010(b) of RCRA provide^ that
EPA's hazardous waste regulations and
revisions take effect six months after
promulgation. The purpose of this
requirement is to alldw persons handling
hazardous,waste sufficient time,to
comply with major new regulatory
requirements. For most facilities, EPA
believes that these amendments
conform the regulations to normal
operating practices and therefore the
amendments dp not impose new
obligations on these persons. The
Agency does, however, recognize that
certain facilities may have to take some
time to bring their practice up to the new
requirements. Because of the ijrgency of
these amendments, however, EPA has
decided to make these amendments
effective immediately. Without such
effect, as discussed in the preceding
section, serious threat to human health ,
and the environment exists.
VI. Environmental, Economic and
Regulator}' Impacts
For the njost part, the economic,
reporting and recprdkeepmg impacts of
these amendments are minimal. The
estimated impacts developed for the
May 19 regulations included the
majority,of those impacts related to
shipments of hazardous waste from
treatment at the generator's facility
were included in the calculations. The
Agency is unable to estimate the cost
and impact increase from these
amendments but believes, for the
reasons stated above, that the
additional environmental benefits
greatly outweigh the minimal burden
placed on the regulated community.
Dated: December 22,1980.
Douglas M. Costle,
Administrator,
Title 40 of the Code of Federal
Regulations is amended as follows:
PART 262—STANDARDS APPLICABLE
TO GENERATORS OF HAZARDOUS
WASTE
1, Add the following paragraph to
1262.10:
§ 262.10 Purpose, scope and appllcablilty.
***** *
(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:
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.]
PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE AND DISPOSAL FACILITIES
2. Add the following paragraph to
§ 264.71:
§ 264.71 Use of the-manifest system.
* *" ' * * *
(c) Whenever a shipment of
hazardous waste is initiated from a
facility, the owner or operator of that
facility must comply with the
requirements of Part 262 of this chapter.
[Comment: The provisions of § 262.34
are applicable to the on-site
accumulation of hazardous wastes 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.]
PART 265—3NTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND
DISPOSAL FACILITIES
3. Add the following paragraph to
§ 265.71:
§ 265.71 Use of the manifest system.
*****
(c) Whenever a shipment of
hazardous waste is initiated from a
facility, the owner or operator of that
facility must comply with the
requirements of Part 262 of this chapter.
[Comment: The provisions of § 262.34
are applicable to the on-site
accumulation of hazardous wastes 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.]
(FR Doc. 80-40650,Filed 12-30-80; 8;45 am]
BILUNG CODE 6560-bo-M
40 CFR Parts 262,263,264, and 265
[SWH-FRL 1715-7]
Transportation of Hazardous Waste by
Rail
AGENCY; Environmental Protection
Agency.
ACTION: Interim final amendment and
request for comments.
SUMMARY: Regulations.promulgated in
May 1980, established requirements for
the transportation of hazardous waste
by rail 45 FR 33150 (May 19,1980). The
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Federal Register'/ Vol. 45, No. 252 /Wednesday, December 31.1980
amendments published today change
the regulations to allow in certain •
instances shipments of hazardous waste
to be transported by rail transporters
without a manifest, provided the
shipment is accompanied by certain
information on the manifest; to require
under certain circumstances initial rail
transporters to forward copies of the
manifest to the next non-rail transporter
or the designated facility; to clarify ,
...signature requirements of the manifest
and rail shipping paper; and. to eliminate
recordkeeping requirements for
intermediate rail transporters.
DATE'S: Effective date: December 31, .
1980. Comment date: This amendment is
promulgated as an interim final rule. The
Agency will accept comments on, it until
March 2,1981. " . • .
ADDRESSES: Comments on the
amendment should be sent to Docket
Clerk [Docket No. 3003-Railroads],
Office, of Solid Waste (WH-563), U.S.
Environmental Protection Agency, 401 M
Street, SW, Washington, D,£ 20460.
FOR FURTHER INFORMATION CONTACT:
For general information contact Rolf P.
Hill or Carolyn Barley (202) 755-9150,
Office of Solid Waste, U.S.
Environmental Protection Agency; 40J
M. Street, SW, Washington, DC 20460.
"for information on implementation,
contact: ,
Region I, Dennis Huebner, Chief,
Radiation, Waste Management
Branch, John F. Kennedy Building,
Boston, Massachusetts 02203, (617)
223-5777
Region II, Dr. Ernest Regna, Chief, Solid
Waste Branch, 26 Federal Plaza, New
York, New York 10Q07, (212) 264-0504/
.5 ;
Region III, Robert L. Allen, Chief,.
Hazardous Materials Branch, 6th and
Walnut Streets, Philadelphia,
Pennsylvania 19106, (215) 597-0980
Region IV, James Scarbrough, Chief, .
Residuals Management Branch, 345
Courtland Street, N.E., Atlanta,
Georgia 30365, (404) 881-3016
Region V, Karl J. Klepitsch, Jr., Chief,
Waste Management Branch, 230 South
Dearborn Street, Chicago, Illinois
60604, (312) 886-6148
Region VI, R. Stan Jorgensen, Acting
1 Chief, Solid Waste.Branch, 1201 Elm.
Street, First International Building,
Dallas, Texas 75270, (214) 787-2645.
Region VII, Robert L. Morby,' Chief,
Hazardous Materials-Branch, 324 E.
llth Street, Kansas City, Missouri
64106, (816) 374-3307 . , .
Region VIII, Lawrence P. Gazda, Chief,
Waste Management Branch, 1860
Lincoln Street, Denver, Colorado
80203, (303) 837-2221 .
Region IX, Arnold R. Den, Chief,
Hazardous Materials Branch, 215
Fremont Street, San Francisco,
California 94105, (415) 556-4606
Region X, Kenneth D. Feigner, Chief,
Waste Management Branch, 1200
Sixth Avenue, Seattle, Washington
98101, (206) 442-1260 '
I. Authority •-.-_-
These amendments are issued under
the authority of Sections 2002(a), 3002,
3003, 3004, 3005 and 3006 of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery"
Act of 1976 as amended (RGRA), 42,
U.S.C; 6912{a), 6921, 6922, 6923, 6924,
8925 and 6926. •
II. Background -...,.'
On February 26,1980 and May 19,
1980, EPA promulgated regulations
establishing a federal hazardous waste
management system. 45 FR 12722
(February 26,1980) 45 FR 33066 (May 19,
1980). A central feature of this program
is a manifest system which is designed
to track shipments of hazardous waste
from the point of generation through
ultimate disposition. Parts 262, 263, 264
and 265 contain requirements for the
transportation of hazardous waste and
the.use of ah accompanying manifest.
-i The regulations set special
requirements when hazardous waste is
delivered to a hazardous waste •
management facility by rail. Recognizing
that railroads had sophisticated
computerized tracking and information ;
systems, the regulations allow railroads
to use a shipping paper rather than a
manifest and waive signature
requirements between intermediate rail
carriers. - >
Since the promulgation of the
regulations, representatives of the rail
Industry have contended that EPA did
not go far enough and that special
requirements wejie also necessary for
intermodal shipments of hazardous
waste (i.e. those which involve both
railroads and other types of
transportation). It was the position of
the raiMndustry that the manifest
system, if applied withqut adjustment to
intermodal shipments, would so disrupt
the normal operating practices of-
railroads as to effectively.prevent the
use of this method of transportation,
Several railroads have indicated that
they would refuse all shipments of
hazardous waste.
EPA had no intention of discouraging
rail transportation of hazardous wastes.
The original regulations limited rail
transportation requirements to
shipments delivered to facilities by rail
because the Agency believed that it was
essential that non-rail transporters
comply with all the requirements of the
manifest system. Unlike railroads, thes.e
transporters may not have established
tracking and information systems. In
discussions with the rail industry EPA
was able to devise a workable system
which would facilitate intermodal rail
transportation without undermining the
operation of the manifest system or
jeopardize protection to human health or-
the environment.
The amendments promulgated today
- establish a system which allows
intermodal transportation involving
railroads without the need for a
manifest accompanying the waste
during the rail portion, of the shipment; '
ensures that non-rail transporters carry
a manifest; and imposes no increased
burden upon any person involved in the
transportation of hazardous waste. EPA
believes that these minor changes in the
regulations achieve a practical solution
to this problem without any sacrifice to
the objectives underlying the manifest
system.
EPA has not extended today's
amendments to include transportation of
bulk shipments By water, which in the
original regulations were treated in a
manner similar to the railroads. EPA has
not received information indicating that
that the manifest requirements are not
working in these situations.,Therefore,
with the exception of the change.
regarding international shipment, the
.changes made, today concern only the •
manifest requirements for railroads.
HI. Interim Final Amendments .
A. Shipments Delivered to Facilities by
Rail
• One substantive change and several.
minor wording changes have been.made
in the manifest requirements when the
shipment is delivered to the designated
facility by rail. If a railroad picks up the
hazardous waste at the generator's site,
or if a non-rail transporter delivers the
shipment to a rail transporter, the •
railroad must sign the manifest, return a
copy, to the generator or non-rail
transporter, and ensure that a shipping
paper containing the essential manifest
information accompanies the waste.
Signatures between intermediate rail
transporters are not required. The
generator must send copies of the
manifest to the designated facility if the
railroad picks up the shipment at the
generator's facility. When a rail
transporter receives a shipment from a
non-rail transporter this amendment
requires the intitial rail carrier (rather
than.the non-rail transporter as required
in the May 19, regulations) to forward
the manifest to the designated facility or
next non-rail transporter. In this
situation it appears that the rail
transporter is better situated to take the
-------
^ \ni'!iri, i ;w mm! ^ KIP ±1 ;ii',i,. ;"BI, i? i; v
86972 Federal Register / Vol. 45, No. 252 / Wednesday, December 31, 1680 / Rules and Regulations
1 il ii ,| ' ' h I,!,,,1 iJllr "I il'i
•!ep>'necessary to forward the manifest.
The transfer of the waste occurs
typically at a rail yard or terminal where
tp^ nil transporter has the personnel
and facilities to ensure transauttal of the
•i manifest, :
Upon delivery of the waste to the
facility, the manifest or shipping paper
(If the manifest has not arrived) must be
signed. The owner or operator of the
hiiwrdpus waste management facility
, must "return the, rnapifestpr signed ,
•hipping paper to the generator and also
'retain coplel'bf the manifest and the
shipping paper (If it has been signed in
Men of me manifest at the time of
delivery). ' „"
il|" A change in the recordkeeping
i rtquMmtats has been made.
Intermedia tii^ail transporters are not
required to retain a copy of the manifest
or shipping paper; the, rccordkeeping
requirements Kf keyed to the initial and
final fail transporter. The existing
refeordKeeping practices of the rail
industry include detailed interchange
InforpaJUpri which trgcj^the movement.
•• of Jfldiyidiml.railcars, Thi?. information
will enable EPA, if necessary, to
.!, determine where and when transfers
between rail transporters occurred.
Baeause of the adequacy of exisiting
practices fa ths industry, EPA has
determined that intermediateijail
transporters do not need to physically
retain a copy of the shipping paper. The
Initial and final rail transporters,
however, play more important roles in
trm transportation of these shipments,
Including signing and dating the
manifest, and the regulations maintain
'. responsibilities on them. It appears
appropriate, therefore, for the
recorakeeping requirements of the
original regulations to remain applicable
:, la Diem. ; '
8, "fntermedal transportation of
Hasardous Waste
Th*» regulations, as amended today,
tt»talnl«e"thai shipments of wastes may
involve diJEferent types of transportation
and that the special requirements for
rail transportation should apply in these
situations. The regulations have been
• accordingly adjusted to take into
, • account siluatloiit in which t^fina^ ,
trajjjsporlafion Is'hot by railroad.
T|tt, only difference in this case is that
-|!l' tfif.jtmenlnierits require the manifest to
bi forwarded to the next non-rail
transporter designated on the manifest.
"f lie,,, amended regulations ajlo^ the, jail „"'.
transporter to transfer the waste
liklpmoat to non-rail transporters
Without hiving carried the manifest with
Ijjf .waste.^hlpment. At this time,
however. Jive manifest must be signed
and dated by both transporters. This
ii,, i ': n, Kin'i:,1' iii,;*;:!!1]!1:11;;!;!; IH.I: 7W:'i i;l;ii MU ,• Liiiii'i^ii'i;^^ liii'll
means, of course, that the non-rail
transporter must have received the
manifest from either the generator or the
initial rail transporter before accepting
the waste. The Agency remains
convinced that the manifest, rather than
• the shipping paper, is essential for the
transportation of hazardous waste by
means other than rail. The manifest,
signed by all appropriate parties, must
accompany all non-rail transportation of
hazardous waste.
Once a non-rail transporter accepts
the waste shipment with the manifest,
the general manifest requirements of
Part 262 apply and the manifest
becomes the operative document. The
non-rail transporter must deliver the
shipment to the next designated person,
obtain the signature and date of that
person and retain a copy of the
manifest,
C. Signature Requirements for Owners
1 and Operators of Hazardous Waste
Management Facilities
One minor change has been made in
the Part 264 and 265 regulations
applicable to owners and operators of
hazardous waste management facilities.
Sections 264.71(b) and 265.71[b) of the
May 19,1980, regulations required the
owner or operator of the facility to sign
and date the shipping paper, note
discrepancies on this document, and
•return a copy of the shipping paper to
the transporter. These regulations were
keyed to the situation in which the
facility had not received the manifest
from the generator. EPA intended,
however, that if the manifest has been
received, it would be used. The
regulations have been amended to
clarify this.
i
D. International Shipments
The May 19,1980 regulations required
that transporters who ship hazardous
waste out of the United States to sign
and date the manifest, return a cdpy to
the generator, and retain a copy of the—
manifest. For rail and water (bulk)
shipment, however, the regulations
, established no mechanism to ensure that
the rail or water bulk transporter had a
copy of the manifest. These transporters,
if not the initial transporter, are required
to have a shipping paper but the :
manifest does not have to accompany
the shipment. The regulations have been
amended to require the generator (or the
initial rail transporter if the waste is
delivered to the railroad) to forward
copies of the manifest to the last rail.or
water bulk transporter to handle the " "
waste shipment in the United States.
E, State Program Requirements
Part 123 of the May regulations
specifies certain requirements that a
State program must meet in order to
obtain interim authorization and filial
authorization under section 3006 of
RCRA. Specific sections of Parts 262 and
263 related to rail transportation were
cited, These amendments to Part 262
and 263 added new provisions. Part 123
has therefore been amended to correctly
cite these new provisions. This action,
which is simply a change in the sections
cited, does no{ place any additional
burden on States seeking interim or final
authorization.
F. Department of Transportation
Amendments
The May regulations concerning the
transportation of hazardous waste
resulted from a joint rulemaking effort
with the Department of Transportation
[DOT). EPA adopted certain DDT
regulations and DOT revised its
hazardous materials transportation
regulations to encompass the
transportation of hazardous waste. .
These amendments to the May
regulations, in order to be fully
implemented, require DOT to amend its
regulations. D/)T has indicated that it
plans to publish corresponding
amendments to its regulations in the
near future. .
IV. Effective Date
Section 3010(b) of RCRA provides that
EPA's hazardous waste regulations and
revisions thereto take effect six months
after promulgation. The purpose of this
requirement is to allow persons handling
hazardous waste sufficient lead time to
prepare to comply with major new
regulatory requirements! The
amendment promulgated today,
however, reduces and simplifies the
existing requirements applicable fo rail-
transporters. In addition the Agency
believes that an effective date six
months after promulgation would cause
substantial and unnecessary disruption
in the implementation of the regulations
and would not be in the public interest.
The regulatory provisions that these
amendments modify took effect on
November 19,1980. In the absence of the
effectuation of these amendments; rail
transportation of hazardous wastes
would be severely disrupted. The
Agency has decided, that without these
changes, the rail industry would be
unduly burdened with no additional
protection afforded to human health or
the environment. Therefore, this
amendment is effective immediately.
i ..... ii ...... i
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ill Ill I III III l
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Federal Register./ Vol. 45, No. 252 / Wednesday, December 31, 1980 / Rules and Regulations' "86973
V. Promulgation in Interim Final Form '
„ These amendments make the practical
operation of the manifest system
possible in situations involving rail and
non-rail transportation of hazardous
waste. They will prevent the disruption
of rail transportation by relieving the
rail industry from complying with
impractical requirements. They do not,
in any appreciable manner, reduce the
protection of human health and the
environment, nor do they change the • .
essential features of the manifest
system. . ,
Although the Agency would prefer to
engage in formal rulemaking prior to the
promulgation of these amendments; it
believes that good cause exists to waive
these procedures/(See 5 U.S.C.
553(b)(B)J. Without immediate '
promulgation, substantive hardship
would be imposed on all sectors of the
regulated community, particularly upon
generators dependent on railroads to
transport their hazardous waste to
proper hazardous waste management
facilities. The changes areyiurthermore,
the outgrowth of extensive, and ongoing,
discussions with the rail industry. The
amendments, although promulgated
without formal prior opportunity to
comment, do reflect substantial •
consideration of the position ,of one
central portion of the regulated
community. ' '••.'"
¥1. Regulatory Impacts . ,
The effect of these amendments is to
reduce the overall costs, economic
impacts, and recordkeeping
requirements of EPA's hazardous waste
management regulations. This is
principally achieved by removing the
recordkeeping requirements for
intermediate rail transporters. The
Agency is unable to estimate these cost
and impact reductions. The Agency
believes, however, that the protection of
human health and the environment of
these regulations is not reduced by these
amendments. -•""*.
Dated: December 22, J980. >
Douglas M. Cosile,
Administrator.
Title 40 CFR is amended as follows:
PART 262—STANDARDS APPLICABLE
T© GENERATORS OF HAZARDOUS
1. Paragraph (c) of § 262.23(c) is
revised to read as follows:
§ 262.23 [Amended] •
* * * * ^
(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 fee 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.
2. A new § 262.23(d), is added to read
as follows:
ft ft A ' ft ' ft .
(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:
(i) The next non-rail transporter, if
any; or
(ii) The designated facility if
transported solely by rail; or
(iii) The last rail transporter to handle
the waste in the United States if
exported by rail.
3. The note following § 262.23, is
changed to read as follows:
Note.—See § 263.20(e) and (f) for special
provisions for rail or water (bulk shipment)
transporters.
PART 263—STANDARDS APPLICABLE
TO TRANSPORTERS OF HAZARDOUS
WASTE1
4. Section 263.20(e) introductory text,
(1), (4) and (5), is revised to read as ,
follows: v •••••• ••-:••
§£63,20 [Amended] ;
*,. * * * *
'. (e) The requirements of paragraph (c),
(cl) 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; arid
* * . # * *
(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.
* ft * ft *- •
5. A new § 263.20(f) is added to read
as follows and remaining paragraph (f)
oi: § 263.20 is renumbered as paragraph
(g):
(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: ." v
(A) The next non-rail transporter, if
any; or, ' T
(B) The designated facility, if the
• shipment is delivered to that facility by
rail; or
(C) The lastrail 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. v . .' .
(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) 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 mus.t sign and date the
manifest and provide a; copy to the rail
transporter. * - •
6. § 263.22(b) introducing text is
amended to read as follows:
§263.22 [Amended]
* * , * * *
(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 .* * *.
7. A new § 263.22(c) is added to read"
as follows and paragraph (c) and (d) of
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86974 Federal Register / Vol. 45, No. 252 / Wednesday, December 31, 19807 Rules and Regulations
, , '"'in1 ,„ bill!!:
1283.22 are re-numbered as paragraphs
(d) and (e), respectively.
"4 ' ' * "; «' ' rf "4 " ' " '
{c) Por 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 § 283.20(f)(2) for a period of
three years From the date the hazardous
waste was accepted by the initial
transporter; and " "' " "[
(U) The final rail transporter must
keep i 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.
• Not*.—!i>is;rm,pdi«te"rail transporters are"" '
not required to keep records pursuant to
thttSB regulations,
PART 264—STANDARDS FOR
OWNERS AND OPERATOR'S; OF.
• HAZARDOUS V^AST E JREAT MENT,
STORAGE^AND DISPOSAL"
FACiUTIES
8. Section 264.71{b) introductory text,
{2) and (4) are amended and (1), (3), and
(6) are revised as follows:
§264.71 (Amended!
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