---
kind: "range"
citation: "40 C.F.R. §§ 761.210–761.213"
title: "40"
from: "761.210"
to: "761.213"
count: 4
url: "https://uscodex.org/cfr/40/761.210..761.213"
---

# §761.210. Use of the manifest—Generator requirements.

- (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)](/cfr/40/761.214.md?p=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)](/cfr/40/761.215.md?p=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.

# §761.211. Manifest system—Transporter requirements.

- (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)](/cfr/40/761.210.md?p=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)](/cfr/40/761.1.md?p=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](/cfr/40/761.214.md); and
  - (3) **Give the remaining copies of the manifest to the accepting transporter or designated facility.**
- (e) The requirements of paragraphs [(c)](#c), [(d)](#d) and [(f)](#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](/cfr/40/761.214.md).
- (f) For shipments involving rail transportation, the requirements of paragraphs [(c)](#c), [(d)](#d) and [(e)](#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](/cfr/40/761.214.md).
  - (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](/cfr/40/761.214.md).
  - (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](/cfr/40/761.214.md).
  - (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)](/cfr/40/263.20.md?p=a-6) of this chapter.

# §761.212. Transporter compliance with the manifest.

- (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)](#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](/cfr/40/761.214.md), 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)](/cfr/40/761.215.md?p=e-1..e-6) or [(f)(1) through (6)](/cfr/40/761.215.md?p=f-1..f-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](/cfr/40/761.214.md), 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)](/cfr/40/761.215.md?p=e-1..e-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](/cfr/49/part171.md).

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

- (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)](#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)](/cfr/40/761.215.md?p=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)](/cfr/40/761.215.md?p=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](/cfr/40/761.207.md)).
- (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)](/cfr/40/265.71.md?p=h) of this chapter.
- (e)
  - (1) As prescribed in [§ 265.1311](/cfr/40/265.1311.md) of this chapter, and determined in [§ 265.1312](/cfr/40/265.1312.md) 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](/cfr/40/265.1313.md) 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](/cfr/40/264.1314.md) of this chapter, subject to the informal fee dispute resolution process of [§ 264.1316](/cfr/40/264.1316.md) of this chapter, and subject to the sanctions for delinquent payments under [§ 264.1315](/cfr/40/264.1315.md) of this chapter.