The Research and Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), amended the Hazardous Material Regulations to specify a retention period for shipping papers.
In 1994, Congress amended the Federal hazardous materials transportation law to require that offerors and carriers of hazardous materials retain the shipping papers for a period of one year after the hazardous materials are no longer in transportation. Because the shipper, the originating carrier, or intermediate carriers may not know the exact date that the transportation ends, RSPA proposed a 375 days retention period. Ninety-five percent of shipments are delivered within ten days.
As amended, the HMR requires that:
Each shipper and carrier of hazardous material must retain a copy of each shipping paper for at least 375 days after the initial carrier accepts the material. The retention period for hazardous waste manifests remains at three years--no change.
The shipping paper must include the date of acceptance by the initial carrier (this date is used to calculate the retention period). For rail shipments only, this date may be the date the shipper notifies the rail carrier that the shipment is ready for transportation as indicated on the waybill or the bill of lading, as an alternative to the date that the shipment is picked up, or accepted, by the carrier.
Motor carriers who use permanent shipping papers for multiple shipments may retain a copy of a single shipping paper instead of a copy for each shipment made, if the carrier also maintains a log of each shipment made. The log must include the shipping name, identification number, quantity, and the shipment date.
Only an initial carrier within the U.S. must receive and retain a copy of the shipper's certification--no change. The shipper's certification is included on most shipping paper forms.
Shippers and carriers must make available copies of shipping papers upon request to government representatives through their main place of business at reasonable times and locations. (Email and fax retrieved at main shipping locations are acceptable.)
The shipping paper retained may be in paper format or electronic image. Electronic image includes image transmitted by FAX, image on a computer screen, and image generated by an optical imaging machine. (Note: current RCRA regulations do not allow electronic copies of hazardous waste manifests.)
The rule is effective August 12, 2002. For more information, see the July 12, 2002 Federal Register.