| (iii) give the remaining copies of the manifest to the accepting transporter or owner or operator of the designated facility. (F) The requirements of subsection (w)(4)(C), (D), (E), and (G) of this section do not apply to water (bulk shipment) transporters if: (i) the hazardous oil and gas waste is delivered by water (bulk shipment) to the designated facility; (ii) a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste; (iii) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; (iv) the person delivering the hazardous oil and gas 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 (v) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping). (G) For shipments involving rail transportation, the requirements of subsection (w)(4)(C), (D), (E), and (F) of this section do not apply and the following requirements do apply: (i) when accepting hazardous oil and gas waste from a non-rail transporter, the initial rail transporter must: (I) sign and date the manifest acknowledging acceptance of the hazardous oil and gas waste; (II) return a signed copy of the manifest 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 (-c-) the last rail transporter designated to handle the hazardous oil and gas waste in the United States; and (IV) retain one copy of the manifest and rail shipping paper in accordance with the provisions of subsection (w)(7) of this section (relating to recordkeeping); (ii) rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA ID numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent, accompanies the hazardous oil and gas waste at all times; (iii) when delivering hazardous oil and gas 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 the provisions of subsection (w)(7) of this section (relating to recordkeeping); (iv) when delivering hazardous oil and gas 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 the provisions of subsection (w)(7) of this section (relating to recordkeeping); (v) before accepting hazardous oil and gas waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter. (H) Transporters who transport hazardous oil and gas waste out of the United States must: (i) indicate on the manifest the date the hazardous oil and gas waste left the United States; (ii) sign the manifest and retain one copy in accordance with the provisions of subsection (v)(1) of this section; (iii) return a signed copy of the manifest to the generator; and (iv) give a copy of the manifest to a United States customs official at the point of departure from the United States. (I) A transporter accepting hazardous oil and gas waste for shipment from an SQG need not comply with the requirements of subsection (w)(4) and (7) of this section provided that: (i) the hazardous oil and gas waste is being transported pursuant to a reclamation agreement that meets the requirements of subsection (o)(1)(E) of this section; (ii) the transporter records, on a log or shipping paper, the following information for each shipment: (I) the name, address, and EPA ID number of the generator of the hazardous oil and gas waste; (II) the quantity of hazardous oil and gas waste accepted; (III) all DOT required shipping information; (IV) the date the hazardous oil and gas waste is accepted; (iii) the transporter carries this record when transporting the hazardous oil and gas waste to the reclamation facility; and (iv) the transporter retains these records for a period of at least three years after termination or expiration of the agreement. (5) Delivery of Waste. The transporter must deliver the entire quantity of hazardous oil and gas waste accepted from a generator or a transporter to: (A) the primary designated facility; (B) the alternate designated facility, if the hazardous oil and gas waste cannot be delivered to the primary designated facility because an emergency prevents delivery; (C) the next designated transporter; or (D) for exports, the location designated in the EPA Acknowledgment of Consent. (6) Inability to Deliver Waste. If the hazardous oil and gas waste cannot be delivered as provided in subsection (w)(5) of this section the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions. (7) Recordkeeping. (A) A transporter of hazardous oil and gas waste must keep a copy of the manifest signed by the generator, himself or herself, and the next transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous oil and gas 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 40 CFR, §263.20(e)(2) for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter. (C) For shipments of hazardous oil and gas 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 40 CFR, §263.20(f)(2) for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter; and (ii) 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 oil and gas waste was accepted by the initial transporter. (D) A transporter who transports hazardous oil and gas waste out of the United States must keep, for a period of three years from the date the hazardous oil and gas waste was accepted by the initial transporter, a copy of the manifest indicating that the hazardous oil and gas waste left the United States. (E) The periods of retention referred to in subsection (w)(7) of this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or upon request by the commission. (x) Discharges. (1) Reporting Requirements. (A) Commission. A person subject to regulation under this section shall immediately notify the commission upon discovery of any discharge in which a reportable quantity of a hazardous oil and gas waste is discharged. Such notification shall be made by contacting the appropriate commission district office. (B) Federal. Persons subject to regulation under this section shall comply with applicable reporting requirements of 40 CFR, Parts 117, 263, and 302. (2) Initial Response. (A) Immediate Action. Upon discovery of a discharge of hazardous oil and gas waste, the generator or transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, where appropriate, and dike the discharge area). Cont'd... |
