C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 262—STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart B—Manifest Requirements Applicable to Small and Large Quantity Generators

40 C.F.R. § 262.20

General requirements

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(a)(1) Paper manifest. A generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A. Large and small quantity generators must register with the EPA's e-Manifest system to obtain signed and dated copies of completed manifests from the EPA e-Manifest system and comply with paragraph (a)(2) of this section.

(2) Post-receipt manifest data corrections. After facilities have certified that the manifest is complete, by signing it at the time of submission to the EPA e-Manifest system, any post-receipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. If corrections are requested by the Director for portions of the manifest that a generator is required to complete, the generator must address the data correction within 30 days from the date of the request. Data correction submissions must be made electronically via the post-receipt data corrections process as described in § 265.71(l) of this chapter, which applies to corrections made to either paper or electronic manifests.

(3) Electronic manifest. In lieu of using the manifest form specified in paragraph (a)(1) of this section, a person required to prepare a manifest under paragraph (a)(1) of this section may prepare and use an electronic manifest, provided that the person:

(i) Complies with the requirements in § 262.24 for use of electronic manifests, and

(ii) Complies with the requirements of 40 CFR 3.10 for the reporting of electronic documents to EPA.

(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.

(e) The requirements of this subpart do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where:

(1) The waste is reclaimed under a contractual agreement pursuant to which:

(i) The type of waste and frequency of shipments are specified in the agreement;

(ii) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and

(2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement.

(f) The requirements of this subpart and § 262.32(b) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in 40 CFR 263.30 and 263.31 in the event of a discharge of hazardous waste on a public or private right-of-way.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12, 1997; 70 FR 10815, Mar. 4, 2005; 70 FR 35037, June 16, 2005; 79 FR 7558, Feb. 7, 2014; 83 FR 451, Jan. 3, 2018; 89 FR 60725, July 26, 2024]
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1985–2022 · leading case: Oil Re-Refining Co. v. Env't Quality Comm'n, 388 P.3d 1071 (Or. 2017).
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Oil Re-Refining Co. v. Env't Quality Comm'n, 388 P.3d 1071 (Or. 2017). · cites it 2× “40 CFR § 262.20 (a)(1). The generator provides copies of the manifest to the transporter.”
Park v. Burlington N. Santa Fe Ry. Co., 68 Cal. Comp. Cases 730 (Cal. Ct. App. 2003). · cites it 2× “( 40 C.F.R. § 262.20 et seq. [EPA regulations]; 49 C.”
United States v. Steven M. Self, 2 F.3d 1071 (10th Cir. 1993). “See 40 C.F.R. § 262.20 (a) (1992) (“[a] generator who transports, or offers for transportation, hazardous waste for offsite treatment must prepare a [m]anifest”).”
California River Watch v. City of Vacaville, 39 F.4th 624 (9th Cir. 2022). “See 40 C.F.R. § 262.20 (describing the manifest requirements in moving waste from its source to a permitted facility).”
United States v. Richard Heuer, United States of Am. v. Eugene Holderness, 4 F.3d 723 (9th Cir. 1993). “§ 6923 (a)(4); 40 C.F.R. § 262.20 (a)-(d). An RCRA permit application consists of two parts.”
Sherrill v. Mayor of Baltimore, 31 F. Supp. 3d 750 (D. Maryland 2014). · cites it 2× “02; 40 C.F.R. § 262.20 through 262.44, Md.Code, Envir.”
Mainline Contracting Corp. v. Chopra-Lee, Inc., 109 F. Supp. 2d 110 (W.D.N.Y. 2000). · cites it 4× “Specifically, pursuant to 40 C.F.R. § 262.20 A generator who transports or offers for transportation, hazardous waste for off-site treatment, storage, or disposal must prepare a Manifest OMB control number 2050-0039 on EPA form 8700-22, and, if necessary, EPA form 8700-22A 40 C.”
Env't Def. Fund, Inc. v. Wheelabrator Tech. Inc., 725 F. Supp. 758 (S.D.N.Y. 1989). “40 C.F.R. § 262.20 -.23. 6 NYCRR § 372.2(a), 372.”
Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015). · cites it 2× “40 CFR § 262.20 . The transporter must (1) not accept hazardous waste without a signed manifest; (2) before transporting, acknowledge acceptance of the hazardous waste by signing and dating the manifest and giving a copy to the generator; (3) ensure that the manifest accompanies…”
Crockett v. Uniroyal, Inc., 772 F.2d 1524 (11th Cir. 1985). “(a) No person may offer, transport, transfer, or deliver a hazardous waste (waste) unless an EPA Form 8700-22 and 8700-22A (when necessary) hazardous waste manifest (manifest) is prepared in accordance with 40 CFR 262.20 and is signed, carried, and given as required of that…”
United States v. S. Union Co., 643 F. Supp. 2d 201 (D.R.I. 2009). “5, 40 CFR 262.20(e), 40 CFR 262.42(b) and 40 CFR 262.”
Titan Wheel Corp. of Iowa v. United States Env't Prot. Agency, 291 F. Supp. 2d 899 (S.D. Iowa 2003). “40 C.F.R. § 262.20 (e). 3 .The category of solid waste generated at the Facility is "spent” material which is “any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.”
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— 40 C.F.R. § 262.20(e) — 1 case
United States v. S. Union Co., 643 F. Supp. 2d 201 (D.R.I. 2009). “5, 40 CFR 262.20(e), 40 CFR 262.42(b) and 40 CFR 262.”
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