40 CFR 263: EPA Hazardous Waste Transporter Standards

Regulatory citation: 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Waste

What Are EPA's Hazardous Waste Transporter Standards?

40 CFR Part 263 applies to anyone transporting hazardous waste within the United States when the shipment requires a manifest under Part 262. It covers EPA identification numbers, the manifest system, short-term storage at transfer facilities, recordkeeping, and what to do if waste is discharged in transit. Transporters must also follow U.S. Department of Transportation hazardous materials rules.

Part 263 does not apply to on-site transport by generators or by owners and operators of permitted facilities.

Why Transporter Standards Matter

The transporter is the link between the generator and the receiving facility. If waste is lost, delivered to the wrong place or spilled without proper response, it can harm people and the environment, and the cradle-to-grave tracking system breaks down.

Core Requirements

1. Get an EPA Identification Number (263.11)

A transporter may not move hazardous waste without an EPA identification number. Transporters without one apply using EPA Form 8700-12.

2. Accept Waste Only With a Manifest (263.20(a))

A transporter may accept hazardous waste only with a manifest signed by the generator, using EPA Form 8700-22 and continuation sheet 8700-22A if needed, or a properly completed and signed electronic manifest. Electronic manifests are the legal equivalent of paper ones. Under 263.20(a)(4), where DOT shipping paper rules apply, one printed copy must still be carried on the vehicle.

3. Sign, Carry and Hand Off the Manifest (263.20(b)–(d))

Before moving the waste, the transporter must sign and date the manifest and return a signed copy to the generator before leaving the generator's property. The manifest must travel with the waste. On delivery to another transporter or the designated facility, the transporter must get the date of delivery and a handwritten signature, keep one copy and give the rest to the receiver. Rail and bulk water shipments have their own procedures.

4. Deliver the Entire Quantity (263.21)

The transporter must deliver the entire quantity of waste to the designated facility, an alternate facility, the next designated transporter or the foreign destination named by the generator. If an emergency prevents delivery, the transporter must contact the generator for instructions and revise the manifest accordingly.

5. Limit Storage at Transfer Facilities (263.12)

A transporter may store manifested shipments in proper containers at a transfer facility for 10 days or less without a storage permit. When consolidating containers of 119 gallons or less, the transporter must mark them "Hazardous Waste" with the applicable EPA hazardous waste codes.

6. Know When Generator Rules Also Apply (263.10(c))

A transporter must also comply with the Part 262 generator standards if it brings hazardous waste into the United States from abroad, or if it mixes hazardous wastes with different DOT shipping descriptions in a single container.

7. Keep Records for Three Years (263.22)

A transporter must keep a copy of the signed manifest for three years from the date the initial transporter accepted the waste. For electronic manifests, keeping the manifest in the transporter's e-Manifest account satisfies this under 263.20(a)(4) if copies are readily available for inspection. The period is extended automatically during unresolved enforcement actions.

8. Respond to Discharges (263.30–263.31)

If waste is discharged during transport, the transporter must take appropriate immediate action, such as notifying local authorities or diking the area. Where required by 49 CFR 171.15, the transporter must notify the National Response Center and file the written report required by 49 CFR 171.16. The transporter must clean up the discharge until it no longer presents a hazard.

Common Compliance Approaches

Check Paperwork Before Loading

Confirm the manifest is signed, the waste matches the description and the containers are marked before accepting a load.

Train Drivers on Spill Steps

Give drivers a simple sequence for discharges: protect people, contain the release, call local authorities and the National Response Center when required, and report to dispatch.

Use e-Manifest Consistently

Set up e-Manifest accounts and a backup process for printing replacement paper copies if the system is unavailable.

Example: Transporter Standards in Practice

A regional waste hauler picks up drums of spent solvent from a manufacturer. The driver checks the electronic manifest, signs it, prints a copy for the cab and confirms the generator has its signed copy before leaving. The drums spend three days at the company's transfer facility before moving to a permitted treatment facility, where the receiving operator signs for delivery. The hauler's compliance manager keeps the manifest records for three years.

Related regulations: EPA Hazardous Waste Generators, EPA Hazardous Waste Identification, EPA Release Reporting.

Note: This summary reflects federal EPA requirements. Many states run these programs under EPA authorization and may have additional or more stringent requirements. Always check the current regulation text and any state rules that apply to you.

Frequently Asked Questions

How long can a transporter hold hazardous waste at a transfer facility?

Manifested shipments in proper containers may be stored at a transfer facility for 10 days or less without becoming subject to storage facility permitting rules.

Is an electronic manifest valid for transport?

Yes. Electronic manifests are the legal equivalent of paper manifests. However, a printed copy must be carried on the vehicle because DOT rules require shipping papers in transit.

How long must transporters keep manifests?

At least three years from the date the initial transporter accepted the waste, longer if there is an unresolved enforcement action or EPA requests it.