394
49 CFR Ch. I (10–1–23 Edition)
§ 172.205
§ 173.27 of this subchapter. Other re-
quirements may also apply. For exam-
ple, single packagings may be prohib-
ited, inner packaging may need to be
packed in intermediate packagings,
and certain materials may be required
to be transported in packagings meet-
ing a more stringent performance
level.
(ii) [Reserved]
(4)
Radioactive material.
Each person
who offers any radioactive material for
transportation aboard a passenger-car-
rying aircraft shall sign (mechanically
or manually) a printed certificate stat-
ing that the shipment contains radio-
active material intended for use in, or
incident to, research, or medical diag-
nosis or treatment.
(d)
Signature.
The certifications re-
quired by paragraph (a) or (c) of this
section:
(1) Must be legibly signed by a prin-
cipal, officer, partner, or employee of
the shipper or his agent; and
(2) May be legibly signed manually,
by typewriter, or by other mechanical
means.
(3) For transportation by rail, when
transmitted by telephone or electroni-
cally, the signature must be in one of
the following forms: The name of the
principal person, partner, officer, or
employee of the offeror or his agent in
a computer field defined for that pur-
pose.
[Amdt. 172–29A, 41 FR 40677, Sept. 20, 1976]
E
DITORIAL
N
OTE
: For F
EDERAL
R
EGISTER
ci-
tations affecting § 172.204, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at
www.govinfo.gov.
§ 172.205
Hazardous waste manifest.
(a) No person may offer, transport,
transfer, or deliver a hazardous waste
(waste) unless an EPA Form 8700–22
and 8700–22A (when necessary) haz-
ardous waste manifest (manifest) is
prepared in accordance with 40 CFR
262.20 and is signed, carried, and given
as required of that person by this sec-
tion.
(b) The shipper (generator) shall pre-
pare the manifest in accordance with 40
CFR part 262.
(c) The original copy of the manifest
must be dated by, and bear the hand-
written signature of, the person rep-
resenting:
(1) The shipper (generator) of the
waste at the time it is offered for
transportation, and
(2) The initial carrier accepting the
waste for transportation.
(d) A copy of the manifest must be
dated by, and bear the handwritten sig-
nature of the person representing:
(1) Each subsequent carrier accepting
the waste for transportation, at the
time of acceptance, and
(2) The designated facility receiving
the waste, upon receipt.
(e) A copy of the manifest bearing all
required dates and signatures must be:
(1) Given to a person representing
each carrier accepting the waste for
transportation,
(2) Carried during transportation in
the same manner as required by this
subchapter for shipping papers,
(3) Given to a person representing the
designated facility receiving the waste,
(4) Returned to the shipper (gener-
ator) by the carrier that transported
the waste from the United States to a
foreign destination with a notation of
the date of departure from the United
States, and
(5) Retained by the shipper (gener-
ator) and by the initial and each subse-
quent carrier for three years from the
date the waste was accepted by the ini-
tial carrier. Each retained copy must
bear all required signatures and dates
up to and including those entered by
the next person who received the
waste.
(f)
Transportation by rail.
Notwith-
standing the requirements of para-
graphs (d) and (e) of this section, the
following requirements apply:
(1) When accepting hazardous waste
from a non-rail transporter, the initial
rail transporter must:
(i) Sign and date the manifest ac-
knowledging acceptance of the haz-
ardous waste;
(ii) Return a signed copy of the mani-
fest to the non-rail transporter;
(iii) Forward at least three copies of
the manifest to:
(A) The next non-rail transporter, if
any;
(B) The designated facility, if the
shipment is delivered to that facility
by rail; or
395
Pipeline and Haz. Matls. Safety Admin., DOT
§ 172.300
(C) The last rail transporter des-
ignated to handle the waste in the
United States; and
(iv) Retain one copy of the manifest
and rail shipping paper in accordance
with 40 CFR 263.22.
(2) Rail transporters must ensure
that a shipping paper containing all
the information required on the mani-
fest (excluding the EPA identification
numbers, generator certification and
signatures) and, for exports, an EPA
Acknowledgment of Consent accom-
panies the hazardous waste at all
times. 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 trans-
porter 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 40 CFR 263.22.
(4) When delivering hazardous waste
to a non-rail transporter, a rail trans-
porter 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 40 CFR 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) The person delivering a hazardous
waste to an initial rail carrier shall
send a copy of the manifest, dated and
signed by a representative of the rail
carrier, to the person representing the
designated facility.
(h) A hazardous waste manifest re-
quired by 40 CFR part 262, containing
all of the information required by this
subpart, may be used as the shipping
paper required by this subpart.
(i) The shipping description for a haz-
ardous waste must be modified as re-
quired by § 172.101(c)(9).
(j) Electronic manifests that are ob-
tained, completed, and transmitted in
accordance with 40 CFR262.20(a)(3), and
used in accordance with 40 CFR 262.24
in lieu of EPA Forms 8700–22 and 8700–
22A are the legal equivalent of paper
manifest forms bearing handwritten
signatures, and satisfy for all purposes
any requirements in these regulations
to obtain, complete, sign, provide, use,
or retain a manifest. Electronic signa-
tures in conformance with 40 CFR
262.25 are therefore acceptable in lieu
of handwritten signatures required by
paragraphs (c) and (d) of this section
provided one printed copy of the elec-
tronic manifest bearing the electronic
signature is provided to the initial
transporter as required by 40 CFR
262.24(d). A copy of the electronic mani-
fest would satisfy the 3-year retention
requirement for maintaining a copy of
the manifest.
[Amdt. 172–58, 45 FR 34698, May 22, 1980, as
amended by Amdt. 172–90, 49 FR 10510, Mar.
20, 1984; 49 FR 11184, Mar. 26, 1984; Amdt. 172–
248, 61 FR 28675, June 5, 1996; 70 FR 34075,
June 13, 2005; 83 FR 55806, Nov. 7, 2018]
Subpart D—Marking
§ 172.300
Applicability.
(a) Each person who offers a haz-
ardous material for transportation
shall mark each package, freight con-
tainer, and transport vehicle con-
taining the hazardous material in the
manner required by this subpart.
(b) When assigned the function by
this subpart, each carrier that trans-
ports a hazardous material shall mark
each package, freight container, and
transport vehicle containing the haz-
ardous material in the manner required
by this subpart.
(c) Unless otherwise provided in a
specific rule, stocks of preprinted pack-
agings marked in accordance with this
subpart prior to the effective date of a
final rule may be continued in use, in
the manner previously authorized,
until depleted or for a one-year period
subsequent to the compliance date of
the marking amendment, whichever is
less.
[Amdt. 172–101, 45 FR 74666, Nov. 10, 1980, as
amended at 76 FR 3365, Jan. 19, 2011]