40 C.F.R. §§ 761.207–761.219

§761.207. The manifest—general requirements.

40 C.F.R. § 761.207

(a)

A generator who transports, or offers for transport, PCB waste for commercial off-site storage or off-site disposal, and a commercial storage or disposal facility who offers for transport a rejected load of PCB waste, must prepare a manifest on EPA Form 8700-22 and, if necessary, a continuation sheet. The generator shall specify:

(1)

For each bulk load of PCBs, the identity of the PCB waste, the earliest date of removal from service for disposal, and the weight in kilograms of the PCB waste. (Item 14—Special Handling Instructions box)

(2)

For each PCB transformer, the serial number if available, or other identification if there is no serial number; the date of removal from service for disposal; and weight in kilograms of the PCB waste in each PCB transformer. (Item 14—Special Handling Instructions box)

(3)

For each PCB Large High or Low Voltage Capacitor, the serial number if available, or other identification if there is no serial number; the date of removal from service for disposal; and weight in kilograms of the PCB waste in each PCB Large High or Low Voltage Capacitor. (Item 14—Special Handling Instructions box)

(4)

For each PCB Article Container, the unique identifying number, type of PCB waste (e.g., small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein. (Item 14—Special Handling Instructions box)

(5)

For each PCB Container, the unique identifying number, type of PCB waste (e.g., soil, debris, small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein. (Item 14—Special Handling Instructions box)

(6)

For each Other item, the type of PCB waste (e.g., small capacitors, circuit breakers, PCB-Contaminated transformers, pipeline), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste.

(b)

A generator must designate on the manifest one facility which is approved to handle the PCB waste described on the manifest.

(c)

A generator may also designate on the manifest one alternate facility which is approved to handle their PCB 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 PCB waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the PCB waste.

(e)

The requirements of this section apply only to PCB wastes as defined in § 761.3. This includes PCB wastes with PCB concentrations below 50 ppm where the PCB concentration below 50 ppm was the result of dilution; these PCB wastes are required under § 761.1(b) to be managed as if they contained PCB concentrations of 50 ppm and above. An example of such a PCB waste is spill cleanup material containing <50 ppm PCBs when the spill involved material containing PCBs at a concentration of ≥50 ppm. However, there is no manifest requirement for material currently below 50 ppm which derives from pre-April 18, 1978, spills of any concentration, pre-July 2, 1979, spills of <500 ppm PCBs, or materials decontaminated in accordance with § 761.79.

(f)

The requirements of this subpart do not apply to the transport of PCB 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.

(g)

(1)

Electronic manifest. A person required to prepare a manifest under this section may prepare and use an electronic manifest, provided that the person:

(i)

Complies with the requirements in § 262.24 of this chapter for use of electronic manifests; and

(ii)

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

(2)

Legal equivalence to paper manifests. Electronic manifests that are obtained, completed, and transmitted in accordance with § 262.20(a)(3) of this chapter, and used in accordance with §§ 262.20, 262.24, and 262.25 of this chapter in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in subpart K of this part to obtain, complete, sign, provide, use, or retain a manifest.

(i)

Any requirement in subpart K of this part to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of § 262.25 of this chapter.

(ii)

Any requirement in subpart K of this part to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the EPA e-Manifest system.

(iii)

Any requirement in subpart K of this part for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator's account on the EPA e-Manifest system, provided that such copies are readily available for viewing and production if requested by any the EPA or authorized State inspector.

(iv)

No generator may be held liable for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the e-Manifest system for which the generator bears no responsibility.

(v)

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, transporter, or a commercial storage or disposal facility is required to complete, those PCB waste handlers must address the data correction within 30 days from the date of the request. Data corrections must be made electronically via the post-receipt data corrections process described in § 265.71(l) of this chapter, which applies to corrections made to either paper or electronic manifests. Generators who are not registered with the EPA e-Manifest system must arrange with interested persons shown on the manifest to electronically submit manifest data corrections on their behalf within 30 days of the date of the correction request.

Notes, amendments, and revision history

Amendments

[77 FR 54830, Sept. 6, 2012, as amended at 80 FR 37995, July 2, 2015; 88 FR 59694, Aug. 29, 2023; 89 FR 60737, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54830, Sept. 6, 2012, as amended at 80 FR 37995, July 2, 2015; 88 FR 59694, Aug. 29, 2023; 89 FR 60737, July 26, 2024]

§761.208. Obtaining manifests.

40 C.F.R. § 761.208

(a)

(1)

A generator may use manifests printed by any source so long as the source of the printed form has received approval from EPA to print the manifest under 40 CFR 262.21 (c) and (e). A registered source may be a:

(i)

State agency;

(ii)

Commercial printer;

(iii)

PCB waste generator, transporter or, designated facility; or

(iv)

PCB waste broker or other preparer who prepares or arranges shipments of PCB waste for transportation.

(2)

A generator must determine whether the generator state or the consignment state for a shipment regulates PCB waste as a State-regulated hazardous waste. Generators also must determine whether the consignment state or generator state requires the generator to submit any copies of the manifest to these states. In cases where the generator must supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible photocopies of the manifest to these states.

(b)

[Reserved]

Notes, amendments, and revision history

Amendments

[77 FR 54831, Sept. 6, 2012]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54831, Sept. 6, 2012]

§761.209. Number of copies of a manifest.

40 C.F.R. § 761.209

The manifest consists of at least the number of copies which will provide the generator, the transporter, and the owner or operator of the designated facility with one copy each for their records and a copy to be submitted to the EPA e-Manifest system as indicated in the instructions included with EPA form 8700-22. Any requirement in subpart K of this part to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the EPA e-Manifest system. All parties using electronic manifests must do so in accordance with §§ 262.20, 262.24, and 262.25 of this chapter.

Notes, amendments, and revision history

Amendments

[89 FR 60737, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[89 FR 60737, July 26, 2024]

§761.210. Use of the manifest—Generator requirements.

40 C.F.R. § 761.210

(a)

The generator must—

(1)

Sign the manifest certification; and

(2)

Obtain the signature of the initial transporter and date of acceptance on the manifest; and

(3)

Retain one copy, in accordance with § 761.214(a)(1).

(b)

The generator must give the transporter the remaining copies of the manifest.

(c)

For shipments of PCB waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility. Copies of the manifest are not required for each transporter.

(d)

For rail shipments of PCB waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:

(1)

The next non-rail transporter, if any; or

(2)

The designated facility if transported solely by rail.

(e)

For rejected shipments of PCB waste that are returned to the generator by the designated facility (following the procedures of § 761.215(f)), the generator must:

(1)

Sign either—

(i)

Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(ii)

Item 18c of the original manifest if the original manifest is used for the returned shipment;

(2)

Provide the transporter a copy of the manifest;

(3)

Within 30 days of delivery of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(4)

Retain at the generator's site a copy of each manifest for at least three years from the date of delivery.

Notes, amendments, and revision history

Amendments

[77 FR 54831, Sept. 6, 2012, as amended at 89 FR 60737, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54831, Sept. 6, 2012, as amended at 89 FR 60737, July 26, 2024]

§761.211. Manifest system—Transporter requirements.

40 C.F.R. § 761.211

(a)

(1)

A transporter shall not accept PCB waste from a generator unless it is accompanied by a manifest signed by the generator in accordance with § 761.210(a)(1), except that a manifest is not required if any one of the following conditions exists:

(i)

The shipment of PCB waste consists solely of PCB wastes with PCB concentrations below 50 ppm, unless the PCB concentration below 50 ppm was the result of dilution, in which case § 761.1(b) requires that the waste be managed as if it contained PCBs at the concentration prior to dilution.

(ii)

The PCB waste is accepted by the transporter for transport only to a storage or disposal facility owned or operated by the generator of the PCB waste.

(2)

[Reserved]

(b)

Before transporting the PCB waste, the transporter must sign and date the manifest acknowledging acceptance of the PCB waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

(c)

The transporter shall ensure that the manifest accompanies the PCB waste.

(d)

A transporter who delivers PCB waste to another transporter or to the designated facility must—

(1)

Obtain the date of delivery and the signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(2)

Retain one copy of the manifest in accordance with § 761.214; and

(3)

Give the remaining copies of the manifest to the accepting transporter or designated facility.

(e)

The requirements of paragraphs (c), (d) and (f) of this section do not apply to water (bulk shipment) transporters if:

(1)

The PCB waste is delivered by water (bulk shipment) to the designated facility; and

(2)

A shipping paper containing all the information required on the manifest (excluding EPA identification number, generator certification, and signatures) accompanies the PCB waste; and

(3)

The delivering transporter obtains the date of delivery and signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

(4)

The person delivering the PCB 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

(5)

A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with § 761.214.

(f)

For shipments involving rail transportation, the requirements of paragraphs (c), (d) and (e) do not apply and the following requirements do apply:

(1)

When accepting PCB waste from a non-rail transporter, the initial rail transporter must—

(i)

Sign and date the manifest acknowledging acceptance of the PCB 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; or,

(B)

The designated facility, if the shipment is delivered to that facility by rail;

(iv)

Retain one copy of the manifest and rail shipping paper in accordance with § 761.214.

(2)

Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) accompanies the PCB waste at all times.

(3)

When delivering PCB waste to the designated facility, a rail transporter must—

(i)

Obtain the date of delivery and 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 § 761.214.

(4)

When delivering PCB waste to a non-rail transporter a rail transporter must—

(i)

Obtain the date of delivery and the signature of the next non-rail transporter on the manifest; and

(ii)

Retain a copy of the manifest in accordance with § 761.214.

(5)

Before accepting PCB waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

(g)

If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then the transporter must follow the replacement manifest procedures in accordance with § 263.20(a)(6) of this chapter.

Notes, amendments, and revision history

Amendments

[77 FR 54832, Sept. 6, 2012, as amended at 89 FR 60737, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54832, Sept. 6, 2012, as amended at 89 FR 60737, July 26, 2024]

§761.212. Transporter compliance with the manifest.

40 C.F.R. § 761.212

(a)

The transporter must deliver the entire quantity of PCB waste which they have accepted from a generator or a transporter to:

(1)

The designated facility listed on the manifest; or

(2)

The alternate designated facility, if the PCB waste cannot be delivered to the designated facility because an emergency prevents delivery; or

(3)

The next designated transporter.

(b)

(1)

If the PCB waste cannot be delivered in accordance with paragraph (a) of this section because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(2)

If PCB waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

(i)

For a partial load rejection, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with § 761.214, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in 40 CFR 761.215(e)(1) through (6) or (f)(1) through (6).

(ii)

For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with § 761.214, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with 40 CFR 761.215(e)(1) through (6).

(iii)

No provision of this section shall be construed to affect or limit the applicability of any requirement applicable to transporters of PCB waste under regulations issued by the Department of Transportation (DOT) and set forth at 49 CFR part 171.

Notes, amendments, and revision history

Amendments

[77 FR 54832, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54832, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023]

§761.213. Use of manifest—Commercial storage and disposal facility requirements.

40 C.F.R. § 761.213

(a)

(1)

If a commercial storage or disposal facility receives PCB waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the PCB waste covered by the manifest was received, that the PCB waste was received except as noted in the discrepancy space of the manifest, or that the PCB waste was rejected as noted in the manifest discrepancy space.

(2)

If a commercial storage or disposal facility receives an off-site shipment of PCB waste accompanied by a manifest, the owner or operator, or their agent, shall:

(i)

Sign and date each copy of the manifest;

(ii)

Note any discrepancies (as defined in § 761.215(a)) on each copy of the manifest;

(iii)

Immediately give the transporter at least one copy of the manifest;

(iv)

Within 30 days of delivery, send a copy (Page 2) of the manifest to the generator, if the generator is not registered in the EPA's e-Manifest system. Any generator who is registered with the EPA's e-Manifest system may obtain their signed and dated copies of completed manifests from the EPA e-Manifest system; and

(v)

Send to the EPA e-Manifest system an image file of the top copy (Page 1) of the manifest and any continuation sheet or send to the EPA e-Manifest system both a data file and the image file corresponding to Page 1 of the manifest and any continuation sheet, within 30 days of the date of delivery.

(b)

If a commercial storage or disposal facility receives, from a rail or water (bulk shipment) transporter, PCB waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or their agent, must:

(1)

Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the PCB waste covered by the manifest or shipping paper was received;

(2)

Note any significant discrepancies (as defined in § 761.215(a)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.

(3)

Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);

(4)

Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and

(5)

Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.

(c)

Whenever an off-site shipment of PCB waste is initiated from a commercial storage or disposal facility, the owner or operator of the commercial storage or disposal facility shall comply with the manifest requirements that apply to generators of PCB waste (§ 761.207).

(d)

If a commercial storage or disposal facility receives hazardous waste that is accompanied by a paper replacement manifest for a manifest that was originated electronically, the facility must follow the replacement manifest procedures in accordance with § 265.71(h) of this chapter.

(e)

(1)

As prescribed in § 265.1311 of this chapter, and determined in § 265.1312 of this chapter, a commercial storage or disposal facility who is a user of the electronic manifest system shall be assessed a user fee by the EPA for the submission and processing of each electronic and paper manifest. The EPA shall update the schedule of user fees and publish them to the user community, as provided in § 265.1313 of this chapter.

(2)

A commercial storage or disposal facility subject to user fees under this section shall make user fee payments in accordance with the requirements of § 264.1314 of this chapter, subject to the informal fee dispute resolution process of § 264.1316 of this chapter, and subject to the sanctions for delinquent payments under § 264.1315 of this chapter.

Notes, amendments, and revision history

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

§761.214. Retention of manifest records.

40 C.F.R. § 761.214

(a)

(1)

A generator must keep a copy of each manifest signed in accordance with § 761.210(a) for three years or until they receive a signed copy from the designated facility which received the PCB waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter. A generator subject to annual document requirements under § 761.180 shall retain copies of each manifest for the period required by § 761.180(a).

(2)

A transporter of PCB waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the PCB 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 § 761.211(e)(2) for a period of three years from the date the PCB waste was accepted by the initial transporter.

(c)

For shipments of PCB waste by rail within the United States—

(1)

The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in § 761.211(f)(2) for a period of three years from the date the PCB waste was accepted by the initial transporter; and

(2)

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 PCB waste was accepted by the initial transporter.

(d)

A generator must keep a copy of each Exception Report for a period of at least three years from the due date of the report.

(e)

The periods of retention referred to in this Section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.

Notes, amendments, and revision history

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023]

§761.215. Manifest discrepancies.

40 C.F.R. § 761.215

(a)

Manifest discrepancies are—

(1)

Significant differences (as defined by paragraph (b) of this section) between the quantity or type of PCB waste designated on the manifest or shipping paper, and the quantity and type of PCB waste a facility actually receives; or

(2)

Rejected wastes, which may be a full or partial shipment of PCB waste that the designated facility cannot accept.

(b)

Significant differences in quantity are— For bulk waste, variations greater than 10 percent in weight or variations greater than 10 percent in weight of PCB waste in containers; for batch waste, any variation in piece count, such as a discrepancy of one PCB Transformer or PCB Container or PCB Article Container in a truckload. Significant differences in type are obvious differences which can be discovered by inspection or waste analysis, such as the substitution of solids for liquids or the substitution of high concentration PCBs (above 500 ppm) with lower concentration materials.

(c)

Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 20 days after receiving the waste, the owner or operator must:

(1)

Immediately submit to the Regional Administrator a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(2)

Beginning on December 1, 2025, immediately submit to the EPA e-Manifest system a Discrepancy Report describing the discrepancy and attempts to reconcile it using forms and procedures defined by the EPA, and a copy of the manifest or shipping paper at issue. Beginning December 1, 2025, the EPA will no longer accept mailed paper Discrepancy Reports from facilities.

(d)

(1)

Upon rejecting the PCB waste, the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection identification.

(2)

While the facility is making arrangements for forwarding rejected wastes to another facility under this section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.

(e)

Except as provided in paragraph (e)(7) of this section, for full or partial load rejections that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with § 761.207(a) and the following instructions:

(1)

Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.

(2)

Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3)

Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a rejected waste from the previous shipment.

(4)

Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5)

Write the DOT description for the rejected load in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6)

Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in Item 5 of the new manifest.

(7)

For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.

(f)

Except as provided in paragraph (f)(7) of this section, for rejected wastes that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with § 761.207(a) and the following instructions:

(1)

Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the facility's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the facility's site address in the designated space for Item 5 of the new manifest.

(2)

Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(3)

Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a rejected waste from the previous shipment.

(4)

Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).

(5)

Write the DOT description for the rejected load in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.

(6)

Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.

(7)

For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this section.

(8)

For full or partial load rejections that are returned to the generator, the facility must also comply with the exception reporting requirements in § 761.217(a).

(g)

If a facility rejects a waste after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. Facilities are not required to send the amended manifest to any generator or transporter who is registered in the EPA's e-Manifest system. Registered generators or transporters may obtain the signed and dated copy of a completed manifest from the EPA e-Manifest system in lieu of receiving the manifest through U.S. postal mail.

Notes, amendments, and revision history

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 89 FR 60738, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54833, Sept. 6, 2012, as amended at 89 FR 60738, July 26, 2024]

§761.216. Unmanifested waste report.

40 C.F.R. § 761.216

(a)

If a facility accepts for storage or disposal any PCB waste from an offsite source without an accompanying manifest, or without an accompanying shipping paper as described by § 761.211(e), and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste, then they shall notify the Regional Administrator of the EPA region in which their facility is located of the unmanifested PCB waste so that the Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste, and additionally the owner or operator must prepare and submit a letter to the Regional Administrator within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

(1)

The EPA identification number, name and address of the facility;

(2)

The date the facility received the waste;

(3)

The EPA identification number, name and address of the generator and the transporter, if available;

(4)

A description and the quantity of each unmanifested PCB waste the facility received;

(5)

The method of storage or disposal for each PCB waste;

(6)

Signature of the owner or operator of the facility or their authorized representative; and

(7)

A brief explanation of why the waste was unmanifested, if known.

(8)

The disposition made of the unmanifested waste by the commercial storage or disposal facility, including:

(i)

If the waste was stored or disposed by that facility, was the generator identified and was a manifest subsequently supplied.

(ii)

If the waste was sent back to the generator, why and when.

(b)

Beginning on December 1, 2025, if a facility accepts for storage or disposal any PCB waste from an offsite source without an accompanying manifest, or without an accompanying shipping paper as described by § 761.211(e), and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste, then they shall notify the Regional Administrator of the EPA region in which their facility is located of the unmanifested PCB waste so that the EPA Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste, and additionally the owner or operator must prepare and submit an electronic Unmanifested Waste Report in the EPA e-Manifest system to the EPA Regional Administrator within 15 days after receiving the waste. The Unmanifested Waste Report must contain the following information:

(1)

The EPA identification number, name and address of the facility;

(2)

The date the facility received the waste;

(3)

The EPA identification number, name and address of the generator and the transporter, if available;

(4)

A description and the quantity of each unmanifested hazardous waste the facility received;

(5)

The method of treatment, storage, or disposal for each hazardous waste;

(6)

The certification signed by the owner or operator of the facility or their authorized representative;

(7)

A brief explanation of why the waste was unmanifested, if known; and

(8)

The disposition made of the unmanifested waste by the commercial storage or disposal facility, including:

(i)

If the waste was stored or disposed by that facility, was the generator identified and was a manifest subsequently supplied.

(ii)

If the waste was sent back to the generator, why and when.

Notes, amendments, and revision history

Amendments

[77 FR 54834, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54834, Sept. 6, 2012, as amended at 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

§761.217. Exception reporting.

40 C.F.R. § 761.217

(a)

(1)

A generator of PCB waste, who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter, shall immediately contact the transporter and/or the owner or operator of the designated facility to determine the status of the PCB waste.

(2)

A generator of PCB waste subject to the manifesting requirements shall submit an Exception Report to the EPA Regional Administrator for the Region in which the generator is located if the generator has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter. The Exception Report shall be submitted to the EPA no later than 60 days from the date on which the generator should have received the manifest. The Exception Report shall include the following:

(i)

A legible copy of the manifest for which the generator does not have confirmation of delivery;

(ii)

A cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the PCB waste and the results of those efforts.

(b)

For rejected shipments of PCB waste that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of § 761.215(e)(1) through (6)), the generator must comply with the requirements of paragraph (a) of this section, as applicable, for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of paragraph (a) of this section for a shipment forwarding such waste to an alternate facility by a designated facility:

(1)

The copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility, and

(2)

The 45- and 60-day timeframes begin the date the waste was accepted by the initial transporter forwarding the PCB waste shipment from the designated facility to the alternate facility.

(c)

Electronic Exception Reports that are originated in the EPA e-Manifest system in accordance with paragraph (a) of this section and used in accordance with this section in lieu of paper Exception Reports are the legal equivalent of paper Exception Reports bearing handwritten signatures and satisfy for all purposes any requirement in this section to complete, sign, provide, and retain an Exception Report.

(1)

Any requirement in this section to sign an Exception Report certification by hand is satisfied by signing with a valid and enforceable electronic signature within the meaning of § 262.25 of this chapter.

(2)

Any requirement in this section to give, provide or send an Exception Report to the EPA Regional Administrator is satisfied when an electronic Exception Report is transmitted to the EPA Regional Administrator by submission to the e-Manifest system.

(3)

Any requirement in § 761.214 for a generator to keep or retain a copy of an Exception Report is satisfied by retention of a signed electronic Exception Report in the generator's account on the national e-Manifest system, provided that the Exception Report is readily available for viewing and production if requested by any EPA or authorized State inspector.

(4)

No generator may be held liable for the inability to produce an electronic Exception Report for inspection under this section if the generator can demonstrate that the inability to produce the electronic Exception Report is due exclusively to a technical difficulty with the e-Manifest system for which the generator bears no responsibility.

Notes, amendments, and revision history

Amendments

[77 FR 54835, Sept. 6, 2012, as amended by 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54835, Sept. 6, 2012, as amended by 88 FR 59694, Aug. 29, 2023; 89 FR 60738, July 26, 2024]

§761.218. Certificate of disposal.

40 C.F.R. § 761.218

(a)

For each shipment of manifested PCB waste that the owner or operator of a disposal facility accepts by signing the manifest, the owner or operator of the disposal facility shall prepare a Certificate of Disposal for the PCBs and PCB Items disposed of at the facility, which shall include:

(1)

The identity of the disposal facility, by name, address, and EPA identification number.

(2)

The identity of the PCB waste affected by the Certificate of Disposal including reference to the manifest number for the shipment.

(3)

A statement certifying the fact of disposal of the identified PCB waste, including the date(s) of disposal, and identifying the disposal process used.

(4)

A certification as defined in § 761.3.

(b)

The owner or operator of the disposal facility shall send the Certificate of Disposal to the generator identified on the manifest which accompanied the shipment of PCB waste within 30 days of the date that disposal of each item of PCB waste identified on the manifest was completed unless the generator and the disposer contractually agree to another time frame.

(c)

The disposal facility shall keep a copy of each Certificate of Disposal among the records that it retains under § 761.180(b).

(d)

(1)

Generators of PCB waste shall keep a copy of each Certificate of Disposal that they receive from disposers of PCB waste among the records they retain under § 761.180(a).

(2)

Commercial storers of PCB waste shall keep a copy of each Certificate of Disposal that they receive from disposers of PCB waste among the records they retain under § 761.180(b).

(e)

Electronic certificates of disposal that are originated in an EPA-approved electronic system in accordance with this section and used in accordance with this section in lieu of paper certificates of disposal are the legal equivalent of paper certificates of disposal bearing handwritten signatures and satisfy for all purposes any requirement in this section to complete, sign, provide, and retain a certificate of disposal.

(1)

Any requirement in this section to sign a certificate of disposal by hand is satisfied by signing with a valid and enforceable electronic signature within the meaning of § 262.25 of this chapter.

(2)

Any requirement in this section to give, provide or send a certificate of disposal to the EPA Regional Administrator is satisfied when an electronic certificate of disposal is transmitted to the EPA Regional Administrator by submission to an EPA-approved electronic system.

(3)

Any requirement in this section for a generator or disposer to keep or retain a copy of a certificate of disposal is satisfied by retention of a signed electronic certificate of disposal in the generator's or disposer's account, respectively, on an EPA-approved electronic system, provided that the certificate of disposal is readily available for viewing and production if requested by any EPA or authorized State inspector.

(4)

No generator or disposer may be held liable for the inability to produce an electronic certificate of disposal for inspection under this section if the generator or disposer can demonstrate that the inability to produce the electronic certificate of disposal is due exclusively to a technical difficulty with the EPA-approved electronic system for which the generator or disposer bears no responsibility.

(f)

Restriction on use of electronic certificates of disposal. The owner or operator of a disposal facility may participate in electronic certificates of disposal if it is known at the time the certificate of disposal is originated that:

(1)

The manifest at issue originated in the EPA e-Manifest system in accordance with §§ 262.24(c) and 262.25 of this chapter; and

(2)

For mixed paper and electronic manifests (i.e., hybrid manifests), the generator has registered in the EPA e-Manifest system and has access to the electronic manifests for the site.

Notes, amendments, and revision history

Amendments

[54 FR 52752, Dec. 21, 1984, as amended at 63 FR 35462, June 29, 1998; 89 FR 60739, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[54 FR 52752, Dec. 21, 1984, as amended at 63 FR 35462, June 29, 1998; 89 FR 60739, July 26, 2024]

§761.219. One-year exception reporting.

40 C.F.R. § 761.219

(a)

A disposer of PCB waste shall submit a One-year Exception Report to the EPA Regional Administrator for the Region in which the disposal facility is located no later than 45 days from the end of the 1-year storage for disposal date when the following occurs:

(1)

The disposal facility receives PCBs or PCB Items on a date more than 9 months from the date the PCBs or PCB Items were removed from service for disposal, as indicated on the manifest or continuation sheet; and

(2)

Because of contractual commitments or other factors affecting the facility's disposal capacity, the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of the date of removal from service for disposal.

(b)

A generator or commercial storer of PCB waste who manifests PCBs or PCB Items to a disposer of PCB waste shall submit a One-year Exception Report to the EPA Regional Administrator for the Region in which the generator or commercial storer is located no later than 45 days from the date the following occurs:

(1)

The generator or commercial storer transferred the PCBs or PCB Items to the disposer of PCB waste on a date within 9 months from the date of removal from service for disposal of the affected PCBs or PCB Items, as indicated on the manifest or continuation sheet; and

(2)

The generator or commercial storer either has not received within 13 months from the date of removal from service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after the date of removal from service.

(c)

The One-year Exception Report shall include:

(1)

A legible copy of any manifest or other written communication relevant to the transfer and disposal of the affected PCBs or PCB Items.

(2)

A cover letter signed by the submitter or an authorized representative explaining—

(i)

The date(s) when the PCBs or PCB Items were removed from service for disposal.

(ii)

The date(s) when the PCBs or PCB Items were received by the submitter of the report, if applicable.

(iii)

The date(s) when the affected PCBs or PCB Items were transferred to a designated disposal facility.

(iv)

The identity of the transporters, commercial storers, or disposers known to be involved with the transaction.

(v)

The reason, if known, for the delay in bringing about the disposal of the affected PCBs or PCB Items within 1 year from the date of removal from service for disposal.

(d)

PCB/radioactive waste that is exempt from the 1-year storage for disposal time limit pursuant to § 761.65(a)(1) is also exempt from the exception reporting requirements of paragraphs (a), (b), and (c) of this section.

(e)

Electronic One-year Exception Reports that are originated in an EPA-approved electronic system in accordance with paragraph (a) of this section and used in accordance with this section in lieu of paper One-year Exception Reports are the legal equivalent of paper One-year Exception Reports bearing handwritten signatures and satisfy for all purposes any requirement in this section to complete, sign, provide, and retain a One-year Exception Report.

(1)

Any requirement in this section to sign a One-year Exception Report certification by hand is satisfied by signing with a valid and enforceable electronic signature within the meaning of § 262.25 of this chapter.

(2)

Any requirement in this section to give, provide or send a One-year Exception Report to the EPA Regional Administrator is satisfied when a One-year electronic Exception Report is transmitted to the EPA Regional Administrator by submission to an EPA-approved electronic system.

(3)

Any requirement in this section for a generator or disposer to keep or retain a copy of a One-year Exception Report is satisfied by retention of a signed electronic One-year Exception Report in the generators or disposer's respective account on an EPA-approved electronic system, provided that the One-year Exception Report is readily available for viewing and production if requested by any EPA or authorized State inspector.

(4)

No generator or disposer may be held liable for the inability to produce an electronic One-year Exception Report for inspection under this section if the generator or disposer can demonstrate that the inability to produce the electronic One-year Exception Report is due exclusively to a technical difficulty with the EPA-approved electronic system for which the generator or disposer bears no responsibility.

(f)

Restriction on use of electronic One-year Exception Reporting. A generator or disposer may participate in electronic One-year Exception Reporting if it is known at the time the One-year Exception Report is originated that:

(1)

The manifest at issue originated in the EPA e-Manifest system in accordance with §§ 262.24(c) and 262.25 of this chapter; and

(2)

For mixed paper and electronic manifests (i.e., hybrid manifests), the generator has registered in the EPA e-Manifest system and has access to the electronic manifests for the site.

Notes, amendments, and revision history

Amendments

[77 FR 54835, Sept. 6, 2012, as amended at 89 FR 60739, July 26, 2024]

Source

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

Authority

Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616 and 42 U.S.C. 6939g.

Source

Source: 43 FR 7156, Feb. 17, 1978, unless otherwise noted.

Amendments

[77 FR 54835, Sept. 6, 2012, as amended at 89 FR 60739, July 26, 2024]