Modes of Hazardous Waste Transportation

Transportation of hazardous waste from the generator to the designated facility can be accomplished by several means of transportation. The regulations establish guidelines for the proper handling and recordkeeping of hazardous waste transported by highway, water, rail, or air. The requirements for each method of transportation are discussed below.

Highway Shipments

Under 66263.20, highway transporters must complete the following manifest and recordkeeping requirements:

• Sign and date the manifest
• Leave a signed and dated copy of the manifest with the generator
• Ensure that the manifest accompanies the waste
• Obtain the dated signature of the next transporter or the owner/operator of the designated facility
• Submit to the Department a legible copy of the manifest completed by the generator, transporter and hazardous waste facility owner or operator and
• Keep a copy of the manifest for at least three years (all three-year record retention requirements are extended in case of an enforcement action).

Water (Bulk) Shipments

In 66263.20(h), DTSC established regulations governing the shipment of hazardous waste by water. Water transporters must comply with the directions on the manifest, obtain an EPA ID number, and be listed on the manifest. When shipping hazardous waste by water, however, the manifest is not required to physically accompany the shipment. Instead, the person delivering the waste to the initial water transporter obtains the date of delivery and signature of the water transporter on the manifest and forwards it to the designated facility. In addition, if the waste is delivered directly to the TSDF, the water transporter must:

• Ensure that a shipping paper (e.g., waybill), containing the same information as the manifest, accompanies the waste (excluding the EPA ID number, generator certification, and signatures)
• Obtain the dated signature of the owner or operator of the designated facility on the shipping paper or the manifest
• Sign and date the manifest
• Retain a copy of the shipping paper or manifest for three years (66263.20(h)).

Rail Shipments

Rail transport is another method by which hazardous waste is shipped to the designated facility (66263.20(i)). As with the other methods of transport, rail transporters must have an EPA ID number and ensure the designated facility is listed on the manifest. Similar to water shipments, rail transporters must comply with the directions on the manifest and must be listed as a transporter on the manifest, but the actual manifest form does not have to accompany the waste shipments at all times. Instead, a standard waybill or other shipping document containing all the manifest information except EPA ID number, generator certification, and signatures may accompany the waste (45 FR 12739; February 26, 1980).

Initial Rail Duties (66263.20(i)(1))

Initial rail transporter’s duties include:

• Signing and dating the manifest
• Returning a signed copy of the manifest to the non-rail transporter
• Retaining a copy of the manifest and rail shipping paper for three years
• Forwarding at least three copies to the next non-rail transporter or designated facility (if the shipment is delivered by rail), or the last rail transporter designated to handle the waste in the United States.

Rail to TSDF (66263.20(i)(3))

For rail delivery to the designated facility, the rail transporter must obtain the dated signature of the owner or operator of the designated facility on the manifest or shipping paper, and retain one copy of the manifest or shipping paper for three years.

Rail to Non-Rail (66263.20(i)(4) and 66263.20(i)(5))

For delivery by rail to a non-rail transporter, the rail transporter must obtain the dated signature of the non-rail transporter on the manifest and must retain a copy for at least three years. Since the manifest is not required to accompany the rail shipment, the non-rail transporters might obtain a copy of the manifest directly from the generator. If the hazardous waste is leaving the United States, the transporter must receive an Acknowledgment of Consent from the generator, and ensure that it accompanies the shipment at all times. The Acknowledgment of Consent is consent from the receiving country to accept the shipment. (Note that this requirement is not specific to rail, but also applies to all other modes of transportation).

Pipeline Shipments

Transportation of hazardous waste by pipeline does not meet the RCRA definition of transportation (66260.10) and therefore is not subject to Part 263 regulations. Piping as a mode of transport is not specifically addressed by RCRA, nor is it prohibited. However, hazardous waste piped off-site may be subject to other provisions of RCRA.