---
kind: "section"
citation: "40 C.F.R. § 35.6120"
title: "40"
number: "35.6120"
heading: "Notification of the out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country transfer of CERCLA waste."
url: "https://uscodex.org/cfr/40/35.6120"
---

# §35.6120. Notification of the out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country transfer of CERCLA waste.

- (a) The recipient must provide written notification of off-site shipments of CERCLA waste from a site to an out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country waste management facility to:
  - (1) The appropriate State environmental official for the State in which the waste management facility is located; and/or
  - (2) An appropriate official of an Indian Tribe in whose area of Indian country the waste management facility is located; and
  - (3) **The EPA Award Official.**
- (b) The notification of off-site shipments does not apply when the total volume of all such shipments from the site does not exceed 10 cubic yards.
- (c) The notification must be in writing and must provide the following information, where available:
  - (1) The name and location of the facility to which the CERCLA waste is to be shipped;
  - (2) The type and quantity of CERCLA waste to be shipped;
  - (3) The expected schedule for the shipments of the CERCLA waste; and
  - (4) **The method of transportation of the CERCLA waste.**
- (d) The recipient must notify the State or Indian Tribal government in which the planned receiving facility is located of major changes in the shipment plan, such as a decision to ship the CERCLA waste to another facility within the same receiving State, or to a facility in another State.
- (e) The recipient must provide relevant information on the off-site shipments, including the information in [paragraph (c)](#c) of this section, as soon as possible after the award of the contract and, where practicable, before the CERCLA waste is actually shipped.

## Notes

### Authority

Authority: 42 U.S.C. 9601 et seq.

### Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.