761 CFR 262-264 CFR Description

§ 761.207 The 

manifest—general 

requirements.

§ 262.20 General 

requirements.

761.207(a) 262.20(a)(1) Generator requirements

761.207(a)(1) PCB specific

761.207(a)(2) PCB specific

761.207(a)(3) PCB specific

262.20(a)(2)

761.207(b) § 262.21 Manifest tracking 

numbers, manifest printing, 

and obtaining manifests.

Supplies of printed copies of 

8700-22

761.207(c) State requirements

761.207(d) State requirements

761.207(e) State requirements

761.207(f) State requirements

761.207(g) 262.20(b) Generator requirements

262.20(c) Generator requirements

761.207(h) 262.20(d) Generator and Transporter 

requirements

262.20(e) Generator requirements

262.20(f) Generator and Transporter 

requirements

761.207(i) § 262.22 Number of copies. Number of Copies

761.207(j) PCB specific

761 CFR 262-264 CFR Description

§ 761.208 Use of the 

manifest.

§ 262.23 Use of the 

manifest.

761.208(a)(1) 262.23(a) Generator requirements

761.208(a)(1)(i) 262.23(a)(1) Generator requirements

761.208(a)(1)(ii) 262.23(a)(2) Generator requirements

761.208(a)(1)(iii) 262.23(a)(3) Generator requirements
761.208(a)(1)(iv) 262.23(b) Generator requirements

761.208(a)(2) 262.23(c) Generator requirements

761.208(a)(3) 262.23(d) Generator requirements

761.208(a)(3)(i) 262.23(d)(1) Generator requirements

761.208(a)(3)(ii) 262.23(d)(2) Generator requirements

262.23(d)(3) Generator requirements

262.23(e) Generator requirements

262.23(f) Generator requirements

761.208(a)(4) Generator requirements

§ 263.20 The manifest 

system.

761.208(b)(1) 263.20(a)(1)

761.208(b)(1)(i) Exception for manifesting if 

PCB waste is below 50ppm

761.208(b)(1)(ii) Exception for manifesting if 

transporter is taken to a TSDF 

that is owned by the generator

263.20(a)(2) Transporter requirements

263.20(a)(3) Transporter requirements

761.208(b)(2) 263.20(b) Transporter requirements

761.208(b)(3) 263.20(c) Transporter requirements

761.208(b)(4) 263.20(d) Transporter requirements

761.208(b)(4)(i) 263.20(d)(1) Transporter requirements
761.208(b)(4)(ii) 263.20(d)(2) Transporter requirements

761.208(b)(4)(iii) 263.20(d)(3) Transporter requirements

761.208(b)(5) 263.20(e) Transporter requirements

761.208(b)(5)(i) 263.20(e)(1) Transporter requirements

761.208(b)(5)(ii) 263.20(e)(2) Transporter requirements

761.208(b)(5)(iii) 263.20(e)(3) Transporter requirements

761.208(b)(5)(iv) 263.20(e)(4) Transporter requirements

761.208(b)(5)(v) 263.20(e)(5) Transporter requirements

761.208(b)(6) 263.20(f) Transporter requirements

263.20(f)(1) Transporter requirements

263.20(f)(1)(i) Transporter requirements

263.20(f)(1)(ii) Transporter requirements

263.20(f)(1)(iii) Transporter requirements

263.20(f)(1)(iii)(A) Transporter requirements

263.20(f)(1)(iii)(B) Transporter requirements

263.20(f)(1)(iii)(C) Transporter requirements

263.20(f)(1)(iv) Transporter requirements

263.20(f)(2) Transporter requirements

263.20(f)(3) Transporter requirements

263.20(f)(3)(i) Transporter requirements

263.20(f)(3)(ii) Transporter requirements

263.20(f)(4) Transporter requirements

263.20(f)(4)(i) Transporter requirements

263.20(f)(4)(ii) Transporter requirements

263.20(f)(5) Transporter requirements

263.20(g) Transporter requirements

263.20(g)(1) Transporter requirements

263.20(g)(2) Transporter requirements

263.20(g)(3) Transporter requirements

263.20(g)(4) Transporter requirements

263.20(h) Transporter requirements
263.20(h)(1) Transporter requirements

263.20(h)(2) Transporter requirements

263.20(h)(2)(i) Transporter requirements

263.20(h)(2)(ii) Transporter requirements

263.20(h)(2)(iii) Transporter requirements

263.20(h)(2)(iv) Transporter requirements

263.20(h)(3) Transporter requirements

263.20(h)(4) Transporter requirements

§ 263.21 Compliance 

with the manifest.

761.208(b)(7) 263.21(a) Transporter requirements

761.208(b)(7)(i) 263.21(a)(1) Transporter requirements

263.21(a)(2) Transporter requirements

761.208(b)(7)(ii) 263.21(a)(3) Transporter requirements

263.21(a)(4) Transporter requirements

761.208(b)(8) 263.21(b)(1) Transporter requirements

263.21(b)(2) Transporter requirements

263.21(b)(2)(i) Transporter requirements

263.21(b)(2)(ii) Transporter requirements

761.208(b)(9) DOT 49 CFR part 171

§ 264.70 Applicability.

264.70(a) TSDF requirements

264.70(b)

§ 264.71 Use of 

manifest system.

264.71(a)(1) TSDF requirements

761.208(c)(1) 264.71(a)(2) TSDF requirements

761.208(c)(1)(i) 264.71(a)(2)(i) TSDF requirements

761.208(c)(1)(ii) 264.71(a)(2)(ii) TSDF requirements

761.208(c)(1)(iii) 264.71(a)(2)(iii) TSDF requirements

761.208(c)(1)(iv) 264.71(a)(2)(iv) TSDF requirements
761.208(c)(1)(v) 264.71(a)(2)(v) TSDF requirements

264.71(a)(3) TSDF requirements

761.208(c)(2) 264.71(b) TSDF requirements

761.208(c)(2)(i) 264.71(b)(1) TSDF requirements

761.208(c)(2)(ii) 264.71(b)(2) TSDF requirements

761.208(c)(2)(iii) 264.71(b)(3) TSDF requirements

761.208(c)(2)(iv) 264.71(b)(4) TSDF requirements

761.208(c)(2)(v) 264.71(b)(5) TSDF requirements

761.208(c)(3) 264.71(c) TSDF requirements

264.71(d) TSDF requirements

264.71(e) TSDF requirements

761 CFR 262-264 CFR Description

§ 761.209 Retention of 

manifest records.

§ 263.22 Recordkeepin

g.

761.209(a) 262.40(a) Retention requirements

761.209(b)(1) 263.22(a) Retention requirements

761.209(b)(2) 263.22(b) Retention requirements

761.209(b)(3) 263.22(c) Retention requirements

761.209(b)(3)(i) 263.22(c)(1) Retention requirements

761.209(b)(3)(ii) 263.22(c)(2) Retention requirements
263.22(d) 3 year retention requirement

761.209(c) 264.71(a)(2)(v), 264.71(b)(5) 3 year retention requirement

262.40(b) 3 year retention requirement

761.209(d) 263.22(e) Retention requirements

761 CFR 262-264 CFR Description

§ 761.210 Manifest 

discrepancies.

§ 264.72 Manifest 

discrepancies.

761.210(a) 264.72(a) Manifest discrepancies

761.210(a)(1) 264.72(a)(1) Manifest discrepancies

264.72(a)(2) Manifest discrepancies

264.72(a)(3) Manifest discrepancies

761.210(a)(1)(i) Manifest discrepancies

761.210(a)(1)(ii) Manifest discrepancies

761.210(a)(2) 264.72(b) Manifest discrepancies

761.210(b) 264.72(c) Manifest discrepancies

264.72(d)(1) Manifest discrepancies

264.72(d)(2) Manifest discrepancies

264.72(e) Manifest discrepancies

264.72(e)(1) Manifest discrepancies

264.72(e)(2) Manifest discrepancies
264.72(e)(3) Manifest discrepancies

264.72(e)(4) Manifest discrepancies

264.72(e)(5) Manifest discrepancies

264.72(e)(6) Manifest discrepancies

264.72(e)(7) Manifest discrepancies

264.72(f) Manifest discrepancies

264.72(f)(1) Manifest discrepancies

264.72(f)(2) Manifest discrepancies

264.72(f)(3) Manifest discrepancies

264.72(f)(4) Manifest discrepancies

264.72(f)(5) Manifest discrepancies

264.72(f)(6) Manifest discrepancies

264.72(f)(7) Manifest discrepancies

264.72(f)(8) Manifest discrepancies

264.72(g) Manifest discrepancies

761 CFR 262-264 CFR Description

§ 761.211 Unmanifeste

d waste report.

§ 264.76 Unmanifested 

waste report.

761.211(a) 264.76(a) Unmanifested Waste Report

761.211(b) 264.76(a) Unmanifested Waste Report

761.211(c) 264.76(a) Unmanifested Waste Report

761.211(c)(1) 264.76(a)(1) Unmanifested Waste Report

761.211(c)(2) 264.76(a)(2) Unmanifested Waste Report

761.211(c)(3) 264.76(a)(3) Unmanifested Waste Report

761.211(c)(4) 264.76(a)(4) Unmanifested Waste Report

264.76(a)(5) Unmanifested Waste Report
264.76(a)(6) Unmanifested Waste Report

761.211(c)(5) 264.76(a)(7) Unmanifested Waste Report

761.211(c)(6) Unmanifested Waste Report

761.211(c)(6)(i) Unmanifested Waste Report

761.211(c)(6)(ii) Unmanifested Waste Report

761 CFR 262-264 CFR Description

§ 761.215 Exception 

reporting.

§ 262.42 Exception 

reporting.

761.215(a) 262.42(a)(1) Exception Reporting

761.215(b) 262.42(a)(2) Exception Reporting

761.215(b)(1) 262.42(a)(2)(i) Exception Reporting

761.215(b)(2) 262.42(a)(2)(ii) Exception Reporting

262.42(b) Exception Reporting

262.42(c) Exception Reporting

262.42(c)(1) Exception Reporting

262.42(c)(2) Exception Reporting

761.215(c) One-year Exception Report

761.215(c)(1) One-year Exception Report

761.215(c)(2) One-year Exception Report

761.215(d) One-year Exception Report

761.215(d)(1) One-year Exception Report

761.215(d)(2) One-year Exception Report

761.215(e) One-year Exception Report

761.215(e)(1) One-year Exception Report

761.215(e)(2) One-year Exception Report

761.215(e)(2)(i) One-year Exception Report
761.215(e)(2)(ii) One-year Exception Report

761.215(e)(2)(iii) One-year Exception Report

761.215(e)(2)(iv) One-year Exception Report

761.215(e)(2)(v) One-year Exception Report

761.215(f) One-year Exception Report
Match (Y/N) New 761 CFR Notes

Y 761.207(a) 761.207(a) matches 262.20(a)(1). 761.207(a) will be replaced 

with language from 262.20(a)(1), except as noted

N 761.207(a)(1) 761.207(a)(1) is unique to PCBs and will be retained in the 761 

rules. 

N 761.207(a)(2) 761.207(a)(2) is unique to PCBs and will be retained in the 761 

rules. 

N 761.207(a)(3) 761.207(a)(3) is unique to PCBs and will be retained in the 761 

rules. 

N 262.20(a)(2) is obsolete and will be addressed in a separate 

rulemaking.

N 761.208 761.207(b) is outdated and not nearly as comprehensive as 

262.21(g). 761.207(b) will be re-numbered and replaced with 

language from 262.21(g), except as noted

N 761.207(c) is obsolete and will be removed

N 761.207(d) is obsolete and will be removed

N 761.207(e) is obsolete and will be removed

N 761.207(f) is obsolete and will be removed

Y 761.207(b) 761.207(g) matches 262.20(b). 761.207(g) will be re-numbered 

and replaced with language from 262.20(b).

N 761.207(c) 761 does not include 262.20(c), but 262.20(c) is relevant to the 

PCB manifest. Language from 262.20(c) will be included in 761

Y 761.207(d) 761.207(h) matches 262.20(d). 761.207(h) will be re-numbered 

and replaced with language from 262.20(d)

N 262.20(e) is not relevant to PCB generators

N 761.207(f) 262.20(f) is relevant to PCB manifest. 262.20(f) will be added 

as 761.207(f). However, the reference to 262.32(b) will not be 

included, nor will the reference to 263.10(a). Also, references to 

263.30 and 31 will not be included

Y 761.209 761.207(i) matches 262.22. 761.207(i) will be re-numbered and 

replaced with language from 262.22

N 761.207(e) 761.207(j) is unique to PCBs and will be retained in the 761 

rules. 

Match (Y/N) New 761 CFR Notes

Y 761.210(a) 761.208(a)(1) matches 262.23(a). 761.208(a)(1) will be renumbered and replaced with language from 262.23(a)

Y 761.210(a)(1) 761.208(a)(1)(i) matches 262.23(a)(1). 761.208(a)(1)(i) will be 

re-numbered and replaced with language from 262.23(a)(1)

Y 761.210(a)(2) 761.208(a)(1)(ii) matches 262.23(a)(2). 761.208(a)(1)(ii) will be 

re-numbered and replaced with language from 262.23(a)(2)

Y 761.210(a)(3) 761.208(a)(1)(iii) matches 262.23(a)(3). 761.208(a)(1)(iii) will 

be re-numbered and replaced with language from 262.23(a)(3). 
Y 761.210(b) 761.208(a)(1)(iv) matches 262.23(b). 761.208(a)(1)(iv) will be 

re-numbered and replaced with language from 262.23(b)

Y 761.210(c) 761.208(a)(2) matches 262.23(c) with the addition of the export 

language in 262.23(c). However, the export language is 

relevant to use of the manifest for PCBs. 761.208(a)(2) will be 

re-numbered and replaced with language from 262.23(c) 

Y 761.210(d) 761.208(a)(3) matches 262.23(d). 761.208(a)(3) will be renumbered and replaced with language from 262.23(d)

Y 761.210(d)(1) 761.208(a)(3)(i) matches 262.23(d)(1). 761.208(a)(3)(i) will be 

re-numbered and replaced with language from 262.23(d)(1)

Y 761.210(d)(2) 761.208(a)(3)(ii) matches 262.23(d)(2). 761.208(a)(3)(ii) will be 

re-numbered and replaced with language from 262.23(d)(2)

N 761 does not have a provision similar to 262.23(d)(3). The 

content of 262.23(d)(3) will not be addressed in this rulemaking.

N 262.23(e) is not relevant to the PCB manifest.

N 761.210(e) 761 does not have a provision similar to 262.23(f), but 

262.23(f) is relevant to the PCB manifest, except residues are 

not applicable to PCB waste. Language from 232.23(f), except 

as noted will be included in 761.

N See Table 7 in the direct final rule, Exception Reporting. 

761.208(a)(4) closely matches 262.42(a)(1) and 262.42(a)(2), 

except for the 1000 kg threshold, which is not relevant to PCB 

waste. PCB waste exception reporting will be addressed below 

with sections 761.215(a) and (b). Also, the requirement in 

761.180(a)(2)(viii) is no longer necessary and will be removed 

from the regulations.

Y 761.211(a)(1) Match except for conditions. 761.208(b)(1) will be retained but 

re-numbered

N 761.211(a)(1)(i) 761.208(b)(1)(i) is unique to PCBs and will be retained but renumbered.

N 761.211(a)(1)(ii) 761.208(b)(1)(ii) is unique to PCBs and will be retained but renumbered.

N 761 does not have a match for 263.20(a)(2). The content of 

263.20(a)(2) will not be addressed in this rulemaking.

N 263.20(a)(3) is obsolete and will be addressed in a separate 

rulemaking

Y 761.211(b) 761.208(b)(2) matches 263.20(b). 761.208(b)(2) will be renumbered and replaced with language from 263.20(b)

N 761.211(c) 761.208(b)(3) matches 263.20(c) except for the export 

language in 263.20(c). The export language will not be 

addressed in this rulemaking, so the language from 

761.208(b)(3) will be retained but re-numbered. 

Y 761.211(d) 761.208(b)(4) matches 263.20(d). 761.208(b)(4) will be renumbered and replaced with language from 263.20(d)

Y 761.211(d)(1) 761.208(b)(4)(i) matches 263.20(d)(1). 761.208(b)(4)(i) will be 

re-numbered and replaced with language from 263.20(d)(1)
Y 761.211(d)(2) 761.208(b)(4)(ii) matches 263.20(d)(2). 761.208(b)(4)(ii) will be 

re-numbered and replaced with language from 263.20(d)(2)

Y 761.211(d)(3) 761.208(b)(4)(iii) matches 263.20(d)(3). 761.208(b)(4)(iii) will 

be re-numbered and replaced with language from 263.20(d)(3)

Y 761.211(e) 761.208(b)(5) does not reference 761.208(b)(6), which is the 

corresponding part for 263.20(f). However, 761.208(b)(6) 

references 263.20(f) and 263.20(f) references 263.20(e).... In 

short, 761.208(b)(5) will be re-numbered and replaced with 

language from 263.20(e)

Y 761.211(e)(1) 761.208(b)(5)(i) matches 263.20(e)(1). 761.208(b)(5)(i) will be 

re-numbered and replaced with language from 263.20(e)(1)

N 761.211(e)(2) 761.208(b)(5)(ii) matches 263.20(e)(2) except for the export 

language in 263.20(e)(2). The export language will not be 

addressed in this rulemaking, so the language from 

761.208(b)(5)(ii) will be retained but renumbered.

Y 761.211(e)(3) 761.208(b)(5)(iii) matches 263.20(e)(3). 761.208(b)(5)(iii) will 

be re-numbered and replaced with language from 263.20(e)(3)

Y 761.211(e)(4) 761.208(b)(5)(iv) matches 263.20(e)(4). 761.208(b)(5)(iv) will 

be re-numbered and replaced with language from 263.20(e)(4)

Y 761.211(e)(5) 761.208(b)(5)(v) matches 263.20(e)(5). 761.208(b)(5)(v) will be 

re-numbered and replaced with language from 263.20(e)(5)

Y 761.211(f) 761.208(b)(6) matches 263.20(f). 761.208(b)(6) will be renumbered and replaced with language from 263.20(f), except 

for 263.20(f)(1)(iii)(c) and 263.20(f)(2). 263.20(f)(1)(iii)(c) and 

263.20(f)(2) both reference exports which will not be addressed 

in this rulemaking, thus 263.20(f)(1)(iii)(c) and a portion of 

263.20(f)(2) will not be included.

Y 761.211(f)(1)

Y 761.211(f)(1)(i)

Y 761.211(f)(1)(ii)

Y 761.211(f)(1)(iii)

Y 761.211(f)(1)(iii)(A)

Y 761.211(f)(1)(iii)(B)

Y 761.211(f)(1)(iii)(C) 

Y 761.211(f)(1)(iv)

Y 761.211(f)(2)

Y 761.211(f)(3)

Y 761.211(f)(3)(i)

Y 761.211(f)(3)(ii)

Y 761.211(f)(4)

Y 761.211(f)(4)(i)

Y 761.211(f)(4)(ii)

Y 761.211(f)(5)

N 761 does not have a provision similar to 263.20(g). The 

content of 263.20(g) will not be addressed in this rulemaking.

N

N

N

N

N 263.20(h) is not relevant to the PCB manifest
N

N

N

N

N

N

N

N

Y 761.212(a) 761.208(b)(7) matches 263.21(a). 761.208(b)(7) will be renumbered and replaced with language from 263.21(a)

Y 761.212(a)(1) 761.208(b)(7)(i) matches 263.21(a)(1). 761.208(b)(7)(i) will be 

re-numbered and replaced with language from 263.21(a)(1)

N 761.212(a)(2) 263.21(a)(2) is relevant to PCB manifest and will be added.

Y 761.212(a)(3) 761.208(b)(7)(ii) matches 263.21(a)(3). 761.208(b)(7)(ii) will be 

replaced with language from 263.21(a)(3)

N 761 does not have a match for 263.21(a)(4). The content of 

263.21(a)(4) will not be addressed in this rulemaking.

Y 761.212(b)(1) 761.208(b)(8) closely matches 263.21(b)(1). 761.208(b)(8) will 

be re-numbered and replaced with language from 263.21(b)(1)

N 761.212(b)(2) 263.21(b)(2) is relevant to PCB manifest and will be added. 

N 761.212(b)(2)(i) 263.21(b)(2)(i) is relevant to PCB manifest, except for the 

residue language and will be added..

N 761.212(b)(2)(ii) 263.21(b)(2)(ii) is relevant to PCB manifest and will be added.

N 761.212(b)(2)(iii) Keep in 761

N Not relevant to PCB manifest

N 264.70(b) is obsolete and will be addressed in a separate 

rulemaking

N 761.213(a)(1) Relevant to PCB manifest and will be added.

Y 761.213(a)(2) 761.208(c)(1) matches 264.71(a)(2). 761.208(c)(1) will be renumbered and replaced with language from 264.71(a)(2)

Y 761.213(a)(2)(i) 761.208(c)(1)(i) matches 264.71(a)(2)(i). 761.208(c)(1)(i) will be 

re-numbered and replaced with language from 264.71(a)(2)(i)

Y 761.213(a)(2)(ii) 761.208(c)(1)(ii) matches 264.71(a)(2)(ii). 761.208(c)(1)(ii) will 

be re-numbered and replaced with language from 

264.71(a)(2)(ii)

Y 761.213(a)(2)(iii) 761.208(c)(1)(iii) matches 264.71(a)(2)(iii). 761.208(c)(1)(iii) will 

be re-numbered and replaced with language from 

264.71(a)(2)(iii)

Y 761.213(a)(2)(iv) 761.208(c)(1)(iv) matches 264.71(a)(2)(iv). 761.208(c)(1)(iv) will 

be re-numbered and replaced with language from 

264.71(a)(2)(iv)
Y 761.213(a)(2)(v) 761.208(c)(1)(v) matches 264.71(a)(2)(v). 761.208(c)(1)(v) will 

be re-numbered and replaced with language from 

264.71(a)(2)(v)

N 761 does not have a provision similar to 264.71(a)(3). The 

content of 264.71(a)(3) will not be addressed in this rulemaking

Y 761.213(b) 761.208(c)(2) matches 264.71(b). 761.208(c)(2) will be renumbered and replaced with language from 264.71(b)

Y 761.213(b)(1) 761.208(c)(2)(i) matches 264.71(b)(1). 761.208(c)(2)(i) will be 

re-numbered and replaced with language from 264.71(b)(1)

Y 761.213(b)(2) 761.208(c)(2)(ii) matches 264.71(b)(2). 761.208(c)(2)(ii) will be 

re-numbered and replaced with language from 264.71(b)(2)

Y 761.213(b)(3) 761.208(c)(2)(iii) matches 264.71(b)(3). 761.208(c)(2)(iii) will be 

re-numbered and replaced with language from 264.71(b)(3)

Y 761.213(b)(4) 761.208(c)(2)(iv) matches 264.71(b)(4). 761.208(c)(2)(iv) will be 

re-numbered and replaced with language from 264.71(b)(4)

Y 761.213(b)(5) 761.208(c)(2)(v) matches 264.71(b)(5). 761.208(c)(2)(v) will be 

re-numbered and replaced with language from 264.71(b)(5)

N 761.213(c) 761.208(c)(3) specifies an off-site shipment which 264.71(c) 

does not. 761.208(c)(3) will be retained and renumbered. 

N Not relevant to PCB manifest

N Not relevant to PCB manifest

Match (Y/N) New 761 CFR Notes

N 761.214(a)(1) 761.209(a) matches 262.40(a) except for the language under 

761.180(a). 761.209(a) will be re-numbered and will be 

replaced with language from 262.40(a), as well as a reference 

to 761.180.

Y 761.214(a)(2) 761.209(b)(1) matches 263.22(a). 761.209(b)(1) will be renumbered and will be replaced with language from 263.22(a).

Y 761.214(b) 761.209(b)(2) matches 263.22(b). 761.209(b)(2) will be renumbered and will be replaced with language from 263.22(b).

Y 761.214(c) 761.209(b)(3) matches 263.22(c). 761.209(b)(3) will be renumbered and will be replaced with the language in 263.22(c).

Y 761.214(c)(1) 761.209(b)(3)(i) matches 263.22(c)(1). 761.209(b)(3)(i) will be 

re-numbered and will be replaced with the language in 

263.22(c)(1).

Y 761.214(c)(2) 761.209(b)(3)(ii) matches 263.22(c)(2). 761.209(b)(3)(ii) will be 

re-numbered and will be replaced with the language in 

263.22(c)(2).
N 761 does not have a provision similar to 263.22(d). The 

content of 263.22(d) will not be addressed in this rulemaking

Y 761.213(a)(2)(v), 

761.213(b)(5)

761.209(c) is covered by 264.71(a)(2)(v) 264.71(b)(5). 

761.209(c) will be re-numbered and will be replaced with 

language in 264.71(a)(2)(v) and 264.71(b)(v).

N 761.214(d) 761 does not have a provision similar to r 262.40(b). However, 

the 3 year retention period for exception reports is relevant to 

PCB exception reports and will be added to l262.40(b).

Y 761.214(e) 761.209(d) matches 263.22(e). 761.209(d) will be re-numbered 

and will be replaced with language in 263.22(e).

Match (Y/N) New 761 CFR Notes

Y 761.215(a) 761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a) will be re-numbered 

and will be replaced with language 264.72(a), (a)(1)

Y 761.215(a)(1) 761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a)(1) will be re-numbered 

and will be replaced with language from 264.72(a), (a)(1).

N 761.215(a)(2) 264.72(a)(2) is relevant to PCB manifest and language will be 

added to 761.

N 264.72(a)(3) is not relevant to PCBs. Container residues do not 

have quantity limits for PCB waste and thus, this language will 

not be addressed in this action.

Y 761.215(a) and 761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

761.215(a)(1) and the first sentence of (b). 761.210(a)(1)(i) will be renumbered and will be replaced with language from 264.72(a), 

(a)(1)

Y 761.215(a) and 

761.215(a)(1)

761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a)(1)(ii) will be renumbered and will be replaced with language from 264.72(a), 

(a)(1)

Y 761.215(b) 761.210(a)(2) matches the second sentence in 264.72(b). 

761.210(a)(2) will be renumbered and will be replaced with the 

language from 264.72(b) .

Y 761.215(c) 761.210(b) matches 264.72(c). 761.210(b) will be re-numbered 

and will be replaced with language from 264.72(c). 

N 761.215(d)(1) relevant to PCB manifest, except for residue language, and 

language will be added to 761.

N 761.215(d)(2) relevant to PCB manifest, except for residue language, and 

language will be added to 761

N 761.215(e) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(e)(1) relevant to PCB manifest and language will be added to 761

N 761.215(e)(2) relevant to PCB manifest and language will be added to 761
N 761.215(e)(3) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(e)(4) relevant to PCB manifest and language will be added to 761

N 761.215(e)(5) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(e)(6) relevant to PCB manifest and language will be added to 761

N 761.215(e)(7) relevant to PCB manifest and language will be added to 761

N 761.215(f) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(f)(1) relevant to PCB manifest and language will be added to 761

N 761.215(f)(2) relevant to PCB manifest and language will be added to 761

N 761.215(f)(3) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(f)(4) relevant to PCB manifest and language will be added to 761

N 761.215(f)(5) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(f)(6) relevant to PCB manifest and language will be added to 761

N 761.215(f)(7) relevant to PCB manifest and language will be added to 761

N 761.215(f)(8) relevant to PCB manifest, except for residue language and 

language will be added to 761

N 761.215(g) relevant to PCB manifest, except for residue language and 

language will be added to 761

Match (Y/N) New 761 CFR Notes

N 761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, there is no match in 264.76 for the owner 

to contact the generator to obtain a manifest or return the 

waste..761.211(a) will be re-numbered and will be replaced with 

the appropriate language in 264.76(a).

N 761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, there is no match in 264.76 for the owner 

to contact the Regional Administrator to determine further 

action.761.211(b) will be re-numbered and will be replaced with 

the appropriate language in 264.76(a).

N 761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, 761.211(c) requires the report to be sent to 

both the Regional Administrator where commercial storage or 

disposal facility is located and the Regional Administrator in 

which the PCB waste originated. 761.211(c) will be renumbered and replaced with language in 264.76(a),

Y 761.216(a)(1) 761.211(c)(1) matches 264.76(a)(1). 761.211(c)(1) will be renumbered and will be replaced with language in 264.76(a)(1)

Y 761.216(a)(2) 761.211(c)(2) matches 264.76(a)(2). 761.211(c)(2) will be renumbered and will be replaced with language in 264.76(a)(2)

Y 761.216(a)(3) 761.211(c)(3) matches 264.76(a)(3). 761.211(c)(3) will be renumbered and will be replaced with language in 264.76(a)(3)

Y 761.216(a)(4) 761.211(c)(4) matches 264.76(a)(4). 761.211(c)(4) will be renumbered and will be replaced with language in 264.76(a)(4)

Y 761.216(a)(5) 264.76(a)(5) is covered by 761.211(c)(6)
N 761.216(a)(6) Certification is just the signature. This is relevant to PCB 

unmanifested waste report and will be added to language in 761

Y 761.216(a)(7) 761.211(c)(5) matches 264.76(a)(7). 761.211(c)(5) will be renumbered and will be replaced with language in 264.76(a)(7)

N 761.216(a)(8) Unique to PCBs and will be retained but re-numbered

N 761.216(a)(8)(i) Unique to PCBs and will be retained but re-numbered

N 761.216(a)(8)(ii) Unique to PCBs and will be retained but re-numbered

Match (Y/N) New 761 CFR Notes

Y 761.217(a)(1) 761.215(a) closely matches 262.42(a)(1). Also as noted above, 

some of 761.208(a)(4) closely matches 262.42(a)(1) and 

262.42(a)(2). 761.208(a)(4) will be removed, but 761.215(a) will 

be retained but re-numbered.

Y 761.217(a)(2) 761.215(b) closely matches 262.42(a)(2). 761.215(b) will be 

retained but re-numbered.

Y 761.217(a)(2)(i) 761.215(b)(1) matches 262.42(a)(2)(i). 761.215(b)(1) will be renumbered and will be replaced with language in 264.42(a)(2)(i).

Y 761.217(a)(2)(ii) 761.215(b)(2) matches 262.42(a)(2)(ii). 761.215(b)(2) will be renumbered and will be replaced with language in 264.42(a)(2)(ii).

N 262.42(b) is not relevant to PCBs and thus, will not be included 

in this action.

N 761.217(b) relevant to PCB manifest, except for residue language, thus will 

be included in this action

N 761.217(b)(1) relevant to PCB manifest, and thus, will be included in this 

action.

N 761.217(b)(2) relevant to PCB manifest, and thus, will be included in this 

action, except as noted.

N 761.219(a) One-year exception report is unique to PCBs, and thus, will be 

retained in the 761 rules

N 761.219(a)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(a)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(b) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(b)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(b)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(2)(i) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.
N 761.219(c)(2)(ii) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(2)(iii) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(2)(iv) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(c)(2)(v) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

N 761.219(d) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.
761 CFR 761 Text 262-264 CFR 

§ 761.207 The manifest—general requirements.

761.207(a) (a) A generator who relinquishes control over PCB wastes by 

transporting, or offering for transport by his own vehicle or by a vehicle 

owned by another person, PCB waste for commercial off-site storage or 

off-site disposal shall prepare a manifest on EPA Form 8700–22, and if 

necessary, a continuation sheet. The generator shall specify:

262.20(a)(1)

761.207(a)(1) (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.

761.207(a)(2) (2) For each PCB Article Container or 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.

761.207(a)(3) (3) For each PCB Article not in a PCB Container or PCB Article 

Container, 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 Article.

262.20(a)(2)

761.207(b) (b) EPA does not maintain supplies of printed copies of Form 8700–22 

for public use, although printed copies of the manifest may be available 

from State offices. Camera-ready copies of the form are available for 

printing purposes from State offices, EPA Regional Offices, and EPA 

Headquarters.

262.21

761.207(c) (c) If the State to which the shipment is manifested (i.e., consignment 

State) supplies the manifest and requires its use, then the generator 

must use that manifest.

761.207(d) (d) If the consignment State does not supply the manifest, but the State 

in which the generator is located (i.e., generator State) supplies the 

manifest and requires its use, then the generator must use that State's 

manifest.

761.207(e) (e) If both the consignment State and the generator State supply 

manifests and require their use, the generator must use the consignment 

State's manifest.

761.207(f) (f) If neither the generator State nor the consignment State supplies the 

manifest, the generator may obtain the manifest from any source.

761.207(g) (g) A generator shall designate on the manifest one off-site commercial 

storage or disposal facility approved under this part for the commercial 

storage or disposal of the PCBs and PCB Items described on the 

manifest.

262.20(b)
262.20(c)

761.207(h) (h) If the transporter is unable to deliver the PCB waste to the designated 

disposer or commercial storer, the transporter must contact the 

generator of the PCB waste for instructions. The generator shall either 

designate another approved disposer or commercial storer, or instruct 

the transporter to return the PCB waste back to the generator.

262.20(d)

262.20(e)

262.20(f)

761.207(i) (i) The manifest which accompanies the PCB waste shall consist of at a 

minimum the number of copies required to provide the generator, the 

initial transporter, each subsequent transporter, and the owner or 

operator of the designated commercial storage or disposal facility with 

one legible copy each for their records, and one additional copy to be 

returned to the generator by the owner or operator of the first designated 

commercial storage or disposal facility.

262.22
761.207(j) (j) 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.

§ 761.208 Use of the manifest.

761.208(a)(1) (a)(1) The generator of PCB waste shall: 262.23(a)

761.208(a)(1)(i) (i) Sign the manifest certification by hand. 262.23(a)(1)

761.208(a)(1)(ii) (ii) Obtain the handwritten signature of the initial transporter and date of 

acceptance on the manifest.

262.23(a)(2)

761.208(a)(1)(iii) (iii) Retain one copy among its records in accordance with §761.209(a). 262.23(a)(3)

761.208(a)(1)(iv) (iv) Give to the transporter the remaining copies of the manifest that will 

accompany the shipment of PCB waste.

262.23(b)

761.208(a)(2) (2) For bulk shipments of PCB waste within the United States 

transported solely by water, the generator shall send three copies of the 

manifest dated and signed in accordance with this section directly to the 

owner or operator of the designated commercial storage or disposal 

facility. Copies of the manifest are not required for each transporter.

262.23(c)

761.208(a)(3) (3) For rail shipments of PCB waste within the United States which 

originate at the site of generation, the generator shall send at least three 

copies of the manifest dated and signed in accordance with this section 

to:

262.23(d)

761.208(a)(3)(i) (i) The next non-rail transporter, if any. 262.23(d)(1)

761.208(a)(3)(ii) (ii) The designated commercial storage or disposal facility if transported 

solely by rail.

262.23(d)(2)

262.23(d)(3)
262.23(e)

262.23(f)

761.208(a)(4) (4) When a generator has employed an independent transporter to 

transport the PCB waste to a commercial storer or disposer, the 

generator shall confirm by telephone, or by other means of confirmation 

agreed to by both parties, that the commercial storer or disposer actually 

received the manifested waste. The generator shall confirm receipt of the 

waste by close of business the day after he receives the manifest handsigned by the commercial storer or disposer, in accordance with 

paragraph (c)(1)(iv) of this section. If the generator has not received the 

hand-signed manifest within 35 days after the independent transporter 

accepted the PCB waste, the generator shall telephone, or communicate 

with by some other agreed-upon means, the disposer or commercial 

storer to determine whether the PCB waste has actually been received. If 

the PCB waste has not been received, the generator shall contact the 

independent transporter to determine the disposition of the PCB waste. If 

the generator has not received a hand-signed manifest from an EPAapproved facility within 10 days from the date of the telephone call or 

other agreed upon means of communication, to the independent 

transporter, the generator shall submit an exception report to the EPA 

Regional Administrator for the Region in which the generator is located, 

as specified in §761.215. The generator shall retain a written record of all 

telephone or other confirmations to be included in the annual document 

log, in accordance with §761.180.
761.208(b)(1) (b)(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 paragraph (a)(1) of this section, except that a manifest is not 

required if any one of the following conditions exists:

263.20(a)(1)

761.208(b)(1)(i) (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.

761.208(b)(1)(ii) (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.

263.20(a)(2)

263.20(a)(3)

761.208(b)(2) (2) Before transporting the PCB waste, the transporter shall sign and 

date the manifest acknowledging acceptance of the PCB waste from the 

generator. The transporter shall return a signed copy to the generator 

before leaving the generator's facility.

263.20(b)

761.208(b)(3) (3) The transporter shall ensure that the manifest accompanies the PCB 

waste.

263.20(c) 

761.208(b)(4) (4) A transporter who delivers PCB waste to another transporter, or to 

the designated commercial storer or disposer of PCB waste, shall:

263.20(d) 

761.208(b)(4)(i) (i) Obtain the date of delivery and the handwritten signature of the 

subsequent transporter of PCB waste, or of the owner or operator of the 

designated commercial storage or disposal facility on the manifest.

263.20(d)(1) 
761.208(b)(4)(ii) (ii) Retain one copy of the manifest in accordance with §761.209(b). 263.20(d)(2) 

761.208(b)(4)(iii) (iii) Give the remaining copies of the manifest to the accepting 

transporter of PCB waste, or to the designated commercial storage or 

disposal facility.

263.20(d)(3) 

761.208(b)(5) (5) The requirements of paragraphs (b) (3) and (4) of this section shall 

not apply to transporters of bulk shipments by water if all of the following 

conditions are met:

263.20(e)

761.208(b)(5)(i) (i) The PCB waste is delivered by water (bulk shipment) to the 

designated commercial storage or disposal facility.

263.20(e)(1)

761.208(b)(5)(ii) (ii) A shipping paper containing all the information required on the 

manifest (excluding EPA identification number, generator certification, 

and signatures) accompanies the PCB waste.

263.20(e)(2)

761.208(b)(5)(iii) (iii) The transporter delivering the PCB waste obtains the date of delivery 

and handwritten signature of the owner or operator of the designated 

commercial storage or disposal facility on either the manifest or the 

shipping paper.

263.20(e)(3)

761.208(b)(5)(iv) (iv) 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.

263.20(e)(4)

761.208(b)(5)(v) (v) A copy of the shipping paper or manifest is retained by each water 

(bulk shipment) transporter in accordance with §761.209(b).

263.20(e)(5)

761.208(b)(6) (6) For shipments involving rail transportation, the requirements of 

paragraphs (b)(3) and (b)(4) of this section shall not apply. Instead, the 

requirements described at §263.20(f) of this chapter for the rail 

transportation of hazardous waste apply to such shipments. The rail 

transporter shall retain one copy of the manifest or rail shipping paper in 

accordance with §761.209(b).

263.20(f)

263.20(f)(1)

263.20(f)(1)(i)

263.20(f)(1)(ii)

263.20(f)(1)(iii)

263.20(f)(1)(iii)(A)

263.20(f)(1)(iii)(B)

263.20(f)(1)(iii)(C)

263.20(f)(1)(iv)
263.20(f)(2)

263.20(f)(3)

263.20(f)(3)(i)

263.20(f)(3)(ii)

263.20(f)(4)

263.20(f)(4)(i)

263.20(f)(4)(ii)

263.20(f)(5)

263.20(g)

263.20(g)(1)

263.20(g)(2)

263.20(g)(3)

263.20(g)(4)

263.20(h)

263.20(h)(1)

263.20(h)(2)

263.20(h)(2)(i)

263.20(h)(2)(ii)

263.20(h)(2)(iii)

263.20(h)(2)(iv)

263.20(h)(3)

263.20(h)(4)
761.208(b)(7) (7) The transporter shall deliver the entire quantity of PCB waste 

accepted from a generator or transporter to either of the following 

destinations:

263.21(a)

761.208(b)(7)(i) (i) The designated commercial storage or disposal facility listed on the 

manifest.

263.21(a)(1)

263.21(a)(2)

761.208(b)(7)(ii) (ii) The next designated transporter of PCB waste. 263.21(a)(3)

263.21(a)(4)

761.208(b)(8) (8) If the PCB waste cannot be delivered in accordance with paragraph 

(b)(7) of this section, the transporter shall contact the generator for 

further directions and shall revise the manifest and/or return the PCB 

waste according to the generator's instructions.

263.21(b)(1)

263.21(b)(2)

263.21(b)(2)(i)

263.21(b)(2)(ii)
761.208(b)(9) (9) 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.

264.70(a)

264.70(b)

264.71(a)(1)

761.208(c)(1) (c)(1) If a commercial storage or disposal facility receives an off-site 

shipment of PCB waste accompanied by a manifest, the owner or 

operator, or his agent, shall:

264.71(a)(2)

761.208(c)(1)(i) (i) Sign and date each copy of the manifest to certify that the PCB waste 

covered by the manifest was received.

264.71(a)(2)(i)

761.208(c)(1)(ii) (ii) Note any significant discrepancies in the manifest (as defined in 

§761.210(a)(1)) on each copy of the manifest.

264.71(a)(2)(ii)

761.208(c)(1)(iii) (iii) Immediately give the transporter at least one copy of the signed 

manifest.

264.71(a)(2)(iii)

761.208(c)(1)(iv) (iv) Within 30 days after the delivery, send a copy of the manifest to the 

generator.

264.71(a)(2)(iv)

761.208(c)(1)(v) (v) Retain a copy of each manifest among the facility's records in 

accordance with §761.209(d).

264.71(a)(2)(v)
264.71(a)(3)

761.208(c)(2) (2) If a commercial storage or disposal facility receives PCB waste from 

a rail or water (bulk shipment) transporter accompanied by a shipping 

paper containing all the information required on the manifest except the 

EPA identification numbers, generator's certification, and signatures, the 

owner or operator, or his agent, shall:

264.71(b)

761.208(c)(2)(i) (i) Sign and date each copy of the manifest or shipping paper to certify 

that the PCB waste covered by the manifest or shipping paper was 

received.

264.71(b)(1)

761.208(c)(2)(ii) (ii) Note any significant discrepancies in the manifest or shipping paper 

on each copy of the manifest or shipping paper.

264.71(b)(2)

761.208(c)(2)(iii) (iii) Immediately give the rail or water transporter at least one copy of the 

manifest or shipping paper, if applicable.

264.71(b)(3)

761.208(c)(2)(iv) (iv) Within 30 days after the delivery, send a copy of the signed and 

dated manifest to the generator; however, if the manifest has not been 

received within 30 days after delivery, the owner or operator shall send a 

copy of the shipping paper signed and dated to the generator.

264.71(b)(4)

761.208(c)(2)(v) (v) Retain at the commercial storage or disposal facility a copy of the 

manifest and shipping paper, if signed in lieu of the manifest, in 

accordance with §761.209(d).

264.71(b)(5)

761.208(c)(3) (3) 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.

264.71(c)

264.71(d)

264.71(e)
§ 761.209 Retention of manifest records.

761.209(a) (a) A generator of PCB waste shall keep a copy of each manifest signed 

in accordance with §761.208(a)(1) until the generator receives a signed 

copy from the designated commercial storage or disposal facility which 

received the PCB waste. The copy signed by the commercial storer or 

disposer shall be retained for at least 3 years from the date the PCB 

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).

262.40(a)

761.209(b)(1) (b)(1) A transporter of PCB waste shall keep a copy of the manifest 

signed by the generator, transporter, and the next designated 

transporter, if applicable, or the owner or operator of the designated 

commercial storage or disposal facility. This copy shall be retained for a 

period of at least 3 years from the date the PCB waste was accepted by 

the initial transporter.

263.22(a)

761.209(b)(2) (2) For shipments of PCB waste delivered to the designated commercial 

storage or disposal facility by water (bulk shipment), each water (bulk 

shipment) transporter shall retain a copy of the shipping paper described 

in §761.208(b)(5)(ii) for a period of at least 3 years from the date the 

PCB waste was accepted by the initial transporter.

263.22(b)

761.209(b)(3) (3) For shipments of PCB waste by rail within the United States: 263.22(c)

761.209(b)(3)(i) (i) The initial rail transporter shall keep a copy of the manifest and the 

shipping paper required to accompany the PCB waste for a period of at 

least 3 years from the date the PCB waste was accepted by the initial 

transporter.

263.22(c)(1)

761.209(b)(3)(ii) (ii) The final rail transporter shall keep a copy of the signed manifest, or 

the required shipping paper if signed by the designated facility in lieu of 

263.22(c)(2)

the manifest, for a period of at least 3 years from the date the PCB waste 

was accepted by the initial transporter.

263.22(d)

761.209(c) (c) The owner or operator of a PCB commercial storage or disposal 

facility that receives off-site shipments of PCB waste shall retain at the 

facility for at least 3 years a copy of each manifest or shipping paper that 

the owner or operator signs in accordance with §761.208 (c)(1) or (c)(3).

264.71(a)(2)(v), 

264.71(b)(5)

262.40(b)

761.209(d) (d) The periods of record retention required by this section shall be 

extended automatically during the course of any outstanding 

enforcement action regarding the regulated activity.

263.22(e)

§ 761.210 Manifest discrepancies.
761.210(a) (a) Manifest discrepancies are differences between the quantity or type 

of PCB waste designated on the manifest or shipping paper and the 

quantity or type of PCB waste actually delivered to and received by a 

designated facility.

264.72(a)

761.210(a)(1) (1) Significant discrepancies in quantity are: 264.72(a)(1)

264.72(a)(2)

264.72(a)(3)

761.210(a)(1)(i) (i) Variations greater than 10 percent in weight of PCB waste in 

containers.

761.210(a)(1)(ii) (ii) Any variation in piece count, such as a discrepancy of one PCB 

Transformer or PCB Container or PCB Article Container in a truckload.

761.210(a)(2) (2) Significant discrepancies in type of PCB waste are obvious 

differences which may 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.

264.72(b)

761.210(b) (b) Upon discovering a significant discrepancy, the owner or operator of 

the designated commercial storage or disposal facility shall attempt to 

reconcile the discrepancy with the waste generator or transporter. If the 

discrepancy is not resolved within 15 days after receiving the PCB waste, 

such owner or operator shall immediately submit to the Regional 

Administrator for the Region in which the designated facility is located a 

letter describing the discrepancy and attempts to reconcile it, and a copy 

of the manifest or shipping paper at issue.

264.72(c)

264.72(d)(1)
264.72(d)(2)

264.72(e)

264.72(e)(1)

264.72(e)(2)

264.72(e)(3)

264.72(e)(4)

264.72(e)(5)

264.72(e)(6)

264.72(e)(7)

264.72(f)
264.72(f)(1)

264.72(f)(2)

264.72(f)(3)

264.72(f)(4)

264.72(f)(5)

264.72(f)(6)

264.72(f)(7)

264.72(f)(8)
264.72(g)

§ 761.211 Unmanifested waste report.

761.211(a) (a) After April 4, 1990, if a PCB commercial storage or disposal facility 

receives any shipment of PCB waste from an off-site source without an 

accompanying manifest or shipping paper (where required in place of a 

manifest), and any part of the shipment consists of any PCB waste 

regulated for disposal, then the owner or operator of the commercial 

storage or disposal facility shall attempt to contact the generator, using 

information supplied by the transporter, to obtain a manifest or to return 

the PCB waste.

264.76(a)

761.211(b) (b) If the owner or operator of the commercial storage or disposal facility 

cannot contact the generator of the PCB waste, he shall notify the 

Regional Administrator of the EPA region in which his 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.

264.76(a)

761.211(c) (c) Within 15 days after receiving the unmanifested PCB waste, the 

owner or operator shall prepare and submit a report to the Regional 

Administrator for the Region in which the commercial storage or disposal 

facility is located and to the Regional Administrator for the Region in 

which the PCB waste originated, if known. The report may be submitted 

on EPA Form 8700–13B, or by a written letter designated “Unmanifested 

Waste Report.” The report shall include the following information:

264.76(a)

761.211(c)(1) (1) The EPA identification number, name, and address of the PCB 

commercial storage or disposal facility.

264.76(a)(1)

761.211(c)(2) (2) The date the commercial storage or disposal facility received the 

unmanifested PCB waste.

264.76(a)(2)

761.211(c)(3) (3) The EPA identification number, name, and address of the generator 

and transporter, if available.

264.76(a)(3)

761.211(c)(4) (4) A description of the type and quantity of the unmanifested PCB waste 

received at the facility.

264.76(a)(4)

264.76(a)(5)
264.76(a)(6)

761.211(c)(5) (5) A brief explanation of why the waste was unmanifested, if known. 264.76(a)(7)

761.211(c)(6) (6) The disposition made of the unmanifested waste by the commercial 

storage or disposal facility, including:

761.211(c)(6)(i) (i) If the waste was stored or disposed by that facility, was the generator 

identified and was a manifest subsequently supplied.

761.211(c)(6)(ii) (ii) If the waste was sent back to the generator, why and when.

§ 761.215 Exception reporting.

761.215(a) (a) 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 PCB commercial storage or disposal facility within 35 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.

262.42(a)(1)

761.215(b) (b) 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 hand written signature of the 

owner or operator of the designated facility within 45 days of the date the 

waste was accepted by the initial transporter. The exception report shall 

be submitted to EPA no later than 45 days from the date on which the 

generator should have received the manifest. The Exception Report shall 

include the following:

262.42(a)(2)

761.215(b)(1) (1) A legible copy of the manifest for which the generator does not have 

confirmation of delivery.

262.42(a)(2)(i)

761.215(b)(2) (2) A cover letter signed by the generator or his authorized 

representative explaining the efforts taken to locate the PCB waste and 

the results of those efforts.

262.42(a)(2)(ii)

262.42(b)
262.42(c)

262.42(c)(1)

262.42(c)(2)

761.215(c) (c) 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:

761.215(c)(1) (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

761.215(c)(2) (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.

761.215(d) (d) 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:

761.215(d)(1) (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

761.215(d)(2) (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.

761.215(e) (e) The One-year Exception Report shall include:
761.215(e)(1) (1) A legible copy of any manifest or other written communication 

relevant to the transfer and disposal of the affected PCBs or PCB Items.

761.215(e)(2) (2) A cover letter signed by the submitter or an authorized representative 

explaining:

761.215(e)(2)(i) (i) The date(s) when the PCBs or PCB Items were removed from service 

for disposal.

761.215(e)(2)(ii) (ii) The date(s) when the PCBs or PCB Items were received by the 

submitter of the report, if applicable.

761.215(e)(2)(iii) (iii) The date(s) when the affected PCBs or PCB Items were transferred 

to a designated disposal facility.

761.215(e)(2)(iv) (iv) The identity of the transporters, commercial storers, or disposers 

known to be involved with the transaction.

761.215(e)(2)(v) (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.

761.215(f) (f) 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 (c), (d), and (e) of this 

section.
262 thru 264 Text Description Match (Y/N)

§ 262.20 General requirements.

(a)(1) A generator who transports, or offers for transport a 

hazardous waste for offsite treatment, storage, or disposal, or a 

treatment, storage, and disposal facility who offers for transport a 

rejected hazardous waste load, must prepare a Manifest (OMB 

Control number 2050–0039) on EPA Form 8700–22, and, if 

necessary, EPA Form 8700–22A, according to the instructions 

included in the appendix to this part.

Generator requirements Y

PCB specific N

PCB specific N

PCB specific N

(2) The revised manifest form and procedures in 40 CFR 

260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 

262.54, 262.60, and the appendix to part 262, shall not 

apply until September 5, 2006. The manifest form and 

procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 

262.32, 262.34, 262.54, 262.60, and the Appendix to part 

262, contained in the 40 CFR, parts 260 to 265, edition 

revised as of July 1, 2004, shall be applicable until 

September 5, 2006.

N

§ 262.21 Manifest tracking numbers, 

manifest printing, and obtaining manifests.

Supplies of printed copies of 

8700-22

N

State requirements N

State requirements N

State requirements N

State requirements N

(b) A generator must designate on the manifest one facility

which is permitted to handle the waste described on the 

manifest.

Generator requirements Y
(c) A generator may also designate on the manifest one 

alternate facility which is permitted to handle his waste in 

the event an emergency prevents delivery of the waste to 

the primary designated facility.

Generator requirements N

(d) If the transporter is unable to deliver the hazardous 

waste to the designated facility or the alternate facility, the 

generator must either designate another facility or instruct 

the transporter to return the waste.

Generator and Transporter 

requirements

Y

(e) The requirements of this subpart do not apply to 

hazardous waste produced by generators of greater than 

100 kg but less than 1000 kg in a calendar month where:

(1) The waste is reclaimed under a contractual agreement 

pursuant to which:

(i) The type of waste and frequency of shipments are 

specified in the agreement;

(ii) The vehicle used to transport the waste to the recycling 

facility and to deliver regenerated material back to the 

generator is owned and operated by the reclaimer of the 

waste; and

(2) The generator maintains a copy of the reclamation 

agreement in his files for a period of at least three years 

after termination or expiration of the agreement.

Generator requirements N

(f) The requirements of this subpart and §262.32(b) do not 

apply to the transport of hazardous 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-ofGenerator and Transporter 

requirements

N

contiguous property is divided by a public or private right-ofway. Notwithstanding 40 CFR 263.10(a), the generator or 

transporter must comply with the requirements for 

transporters set forth in 40 CFR 263.30 and 263.31 in the 

event of a discharge of hazardous waste on a public or 

private right-of-way.

§ 262.22 Number of copies.

The manifest consists of at least the number of copies which will 

provide the generator, each transporter, and the owner or 

operator of the designated facility with one copy each for their 

records and another copy to be returned to the generator.

Number of Copies Y
PCB specific N

§ 262.23 Use of the manifest.

(a) The generator must: Generator requirements Y

(1) Sign the manifest certification by hand; and Generator requirements Y

(2) Obtain the handwritten signature of the initial transporter and 

date of acceptance on the manifest; and

Generator requirements Y

(3) Retain one copy, in accordance with §262.40(a). Generator requirements Y

(b) The generator must give the transporter the remaining copies 

of the manifest.

Generator requirements Y

(c) For shipments of hazardous 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 or 

the last water (bulk shipment) transporter to handle the waste in 

Generator requirements Y

the United States if exported by water. Copies of the manifest are 

not required for each transporter.

(d) For rail shipments of hazardous 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:

Generator requirements Y

(1) The next non-rail transporter, if any; or Generator requirements Y

(2) The designated facility if transported solely by rail; or Generator requirements Y

(3) The last rail transporter to handle the waste in the United 

States if exported by rail.

Generator requirements N
(e) For shipments of hazardous waste to a designated facility in 

an authorized State which has not yet obtained authorization to 

regulate that particular waste as hazardous, the generator must 

assure that the designated facility agrees to sign and return the 

manifest to the generator, and that any out-of-state transporter 

signs and forwards the manifest to the designated facility.

Generator requirements N

(f) For rejected shipments of hazardous waste or container 

residues contained in non-empty containers that are returned to 

the generator by the designated facility (following the procedures 

of 40 CFR 264.72(f) or 265.72(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 or 

container residues contained in non-empty containers, 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.

Generator requirements N

Generator requirements N
§ 263.20 The manifest system.

(a)(1) Manifest requirement. A transporter may not accept 

hazardous waste from a generator unless the transporter is also 

provided with a manifest signed in accordance with the 

requirements of §262.23.

Y

Exception for manifesting if 

PCB waste is below 50ppm

N

Exception for manifesting if 

transporter is taken to a TSDF 

that is owned by the generator

N

(2) Exports. In the case of exports other than those subject to 

subpart H of 40 CFR part 262, a transporter may not accept such 

waste from a primary exporter or other person if he knows the 

shipment does not conform to the EPA Acknowledgment of 

Consent; and unless, in addition to a manifest signed by the 

generator as provided in this section, the transporter shall also be 

provided with an EPA Acknowledgment of Consent which, except 

for shipments by rail, is attached to the manifest (or shipping 

paper for exports by water (bulk shipment)). For exports of 

hazardous waste subject to the requirements of subpart H of 40 

CFR part 262, a transporter may not accept hazardous waste 

without a tracking document that includes all information required 

by 40 CFR 262.84.

Transporter requirements N

(3) Compliance Date for Form Revisions. The revised Manifest 

form and procedures in 40 CFR 260.10, 261.7, 263.20, and 

263.21, shall not apply until September 5, 2006. The Manifest 

Transporter requirements N

form and procedures in 40 CFR 260.10, 261.7, 263.20, and 

263.21, contained in the 40 CFR, parts 260 to 265, edition revised 

as of July 1, 2004, shall be applicable until September 5, 2006.

(b) Before transporting the hazardous waste, the transporter must 

sign and date the manifest acknowledging acceptance of the 

hazardous waste from the generator. The transporter must return 

a signed copy to the generator before leaving the generator's 

property.

Transporter requirements Y

(c) The transporter must ensure that the manifest accompanies 

the hazardous waste. In the case of exports, the transporter must 

ensure that a copy of the EPA Acknowledgment of Consent also 

accompanies the hazardous waste.

Transporter requirements N

(d) A transporter who delivers a hazardous waste to another 

transporter or to the designated facility must:

Transporter requirements Y

(1) Obtain the date of delivery and the handwritten signature of 

that transporter or of the owner or operator of the designated 

facility on the manifest; and

Transporter requirements Y
(2) Retain one copy of the manifest in accordance with §263.22; 

and

Transporter requirements Y

(3) Give the remaining copies of the manifest to the accepting 

transporter or designated facility.

Transporter requirements Y

(e) The requirements of paragraphs (c), (d) and (f) of this section 

do not apply to water (bulk shipment) transporters if:

Transporter requirements Y

(1) The hazardous waste is delivered by water (bulk shipment) to 

the designated facility; and

Transporter requirements Y

(2) A shipping paper containing all the information required on the 

manifest (excluding the EPA identification numbers, generator 

certification, and signatures) and, for exports, an EPA 

Acknowledgment of Consent accompanies the hazardous waste; 

and

Transporter requirements N

(3) The delivering transporter obtains the date of delivery and 

handwritten signature of the owner or operator of the designated 

facility on either the manifest or the shipping paper; and

Transporter requirements Y

(4) The person delivering the hazardous 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

Transporter requirements Y

(5) A copy of the shipping paper or manifest is retained by each 

water (bulk shipment) transporter in accordance with §263.22.

Transporter requirements Y

(f) For shipments involving rail transportation, the requirements of 

paragraphs (c), (d) and (e) do not apply and the following 

requirements do apply:

Transporter requirements Y

(1) When accepting hazardous waste from a non-rail transporter, 

the initial rail transporter must:

Transporter requirements Y

(i) Sign and date the manifest acknowledging acceptance of the 

hazardous waste;

Transporter requirements Y

(ii) Return a signed copy of the manifest to the non-rail 

transporter;

Transporter requirements Y

(iii) Forward at least three copies of the manifest to: Transporter requirements Y

(A) The next non-rail transporter, if any; or, Transporter requirements Y

(B) The designated facility, if the shipment is delivered to that 

facility by rail; or

Transporter requirements Y

(C) The last rail transporter designated to handle the waste in the 

United States;

Transporter requirements Y

(iv) Retain one copy of the manifest and rail shipping paper in 

accordance with §263.22.

Transporter requirements Y
(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) 

and, for exports an EPA Acknowledgment of Consent 

accompanies the hazardous waste at all times.

Transporter requirements Y

(3) When delivering hazardous waste to the designated facility, a 

rail transporter must:

Transporter requirements Y

(i) Obtain the date of delivery and handwritten 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

Transporter requirements Y

(ii) Retain a copy of the manifest or signed shipping paper in 

accordance with §263.22.

Transporter requirements Y

(4) When delivering hazardous waste to a non-rail transporter a 

rail transporter must:

Transporter requirements Y

(i) Obtain the date of delivery and the handwritten signature of the 

next non-rail transporter on the manifest; and

Transporter requirements Y

(ii) Retain a copy of the manifest in accordance with §263.22. Transporter requirements Y

(5) Before accepting hazardous waste from a rail transporter, a 

non-rail transporter must sign and date the manifest and provide a 

copy to the rail transporter.

Transporter requirements Y

(g) Transporters who transport hazardous waste out of the United 

States must:

Transporter requirements N

(1) Sign and date the manifest in the International Shipments 

block to indicate the date that the shipment left the United States;

Transporter requirements N

(2) Retain one copy in accordance with §263.22(d); Transporter requirements N

(3) Return a signed copy of the manifest to the generator; and Transporter requirements N

(4) Give a copy of the manifest to a U.S. Customs official at the 

point of departure from the United States.

Transporter requirements N

(h) A transporter transporting hazardous waste from a generator 

who generates greater than 100 kilograms but less than 1000 

kilograms of hazardous waste in a calendar month need not 

comply with the requirements of this section or those of §263.22 

provided that:

Transporter requirements N

(1) The waste is being transported pursuant to a reclamation 

agreement as provided for in §262.20(e);

Transporter requirements N

(2) The transporter records, on a log or shipping paper, the 

following information for each shipment:

Transporter requirements N

(i) The name, address, and U.S. EPA Identification Number of the 

generator of the waste;

Transporter requirements N

(ii) The quantity of waste accepted; Transporter requirements N

(iii) All DOT-required shipping information; Transporter requirements N

(iv) The date the waste is accepted; and Transporter requirements N

(3) The transporter carries this record when transporting waste to 

the reclamation facility; and

Transporter requirements N

(4) The transporter retains these records for a period of at least 

three years after termination or expiration of the agreement.

Transporter requirements N

§ 263.21 Compliance with the manifest.
(a) The transporter must deliver the entire quantity of hazardous 

waste which he has accepted from a generator or a transporter to:

Transporter requirements Y

(1) The designated facility listed on the manifest; or Transporter requirements Y

(2) The alternate designated facility, if the hazardous waste 

cannot be delivered to the designated facility because an 

emergency prevents delivery; or

Transporter requirements N

(3) The next designated transporter; or Transporter requirements Y

(4) The place outside the United States designated by the 

generator.

Transporter requirements N

(b)(1) If the hazardous 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.

Transporter requirements Y

(2) If hazardous waste is rejected by the designated facility while 

the transporter is on the facility's premises, then the transporter 

must obtain the following:

Transporter requirements N

(i) For a partial load rejection or for regulated quantities of 

container residues, 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 or container residue in 

the discrepancy block of the original manifest. The transporter 

must retain a copy of this manifest in accordance with §263.22, 

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 or a regulated container residue to 

Transporter requirements N

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 264.72(e)(1) through (6) or (f)(1) through (6) or 40 CFR 

265.72(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 §263.22, 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 264.72(e)(1) through (6) or 40 CFR 

265.72(e)(1) through (6).

Transporter requirements N
DOT 49 CFR part 171 N

§ 264.70 Applicability.

(a) The regulations in this subpart apply to owners and operators 

of both on-site and off-site facilities, except as §264.1 provides 

otherwise. Sections 264.71, 264.72, and 264.76 do not apply to 

owners and operators of on-site facilities that do not receive any 

hazardous waste from off-site sources, nor to owners and 

operators of off-site facilities with respect to waste military 

munitions exempted from manifest requirements under 40 CFR 

266.203(a). Section 264.73(b) only applies to permittees who 

treat, store, or dispose of hazardous wastes on-site where such 

wastes were generated.

TSDF requirements N

(b) The revised Manifest form and procedures in 40 CFR 260.10, 

261.7, 264.70, 264.71. 264.72, and 264.76, shall not apply until 

September 5, 2006. The Manifest form and procedures in 40 CFR 

260.10, 261.7, 264.70, 264.71. 264.72, and 264.76, contained in 

the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, 

shall be applicable until September 5, 2006.

N

§ 264.71 Use of manifest system.

(a)(1) If a facility receives hazardous 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 hazardous waste covered by the manifest was 

received, that the hazardous waste was received except as noted 

in the discrepancy space of the manifest, or that the hazardous 

waste was rejected as noted in the manifest discrepancy space.

TSDF requirements N

(2) If a facility receives a hazardous waste shipment accompanied 

by a manifest, the owner, operator or his agent must:

TSDF requirements Y

(i) Sign and date, by hand, each copy of the manifest; TSDF requirements Y

(ii) Note any discrepancies (as defined in §264.72(a)) on each 

copy of the manifest;

TSDF requirements Y

(iii) Immediately give the transporter at least one copy of the 

manifest;

TSDF requirements Y

(iv) Within 30 days of delivery, send a copy of the manifest to the 

generator; and

TSDF requirements Y

(v) Retain at the facility a copy of each manifest for at least three 

years from the date of delivery.

TSDF requirements Y
(3) If a facility receives hazardous waste imported from a foreign 

source, the receiving facility must mail a copy of the manifest to 

the following address within 30 days of delivery: International 

Compliance Assurance Division, OFA/OECA (2254A), U.S. 

Environmental Protection Agency, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., Washington, DC 20460.

TSDF requirements N

(b) If a facility receives, from a rail or water (bulk shipment) 

transporter, hazardous 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 his agent, 

must:

TSDF requirements Y

(1) Sign and date each copy of the manifest or shipping paper (if 

the manifest has not been received) to certify that the hazardous 

waste covered by the manifest or shipping paper was received;

TSDF requirements Y

(2) Note any significant discrepancies (as defined in §264.72(a)) 

in the manifest or shipping paper (if the manifest has not been 

received) on each copy of the manifest or shipping paper.

TSDF requirements Y

(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);

TSDF requirements Y

(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

TSDF requirements Y

(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.

TSDF requirements Y

(c) Whenever a shipment of hazardous waste is initiated from a 

facility, the owner or operator of that facility must comply with the 

requirements of part 262 of this chapter.

TSDF requirements N

(d) Within three working days of the receipt of a shipment subject 

to 40 CFR part 262, subpart H, the owner or operator of the facility 

must provide a copy of the tracking document bearing all required 

signatures to the notifier, to the Office of Enforcement and 

Compliance Assurance, Office of Compliance, Enforcement 

Planning, Targeting and Data Division (2222A), Environmental 

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 

DC 20460, and to competent authorities of all other concerned 

countries. The original copy of the tracking document must be 

maintained at the facility for at least three years from the date of 

signature.

TSDF requirements N

(e) A facility must determine whether the consignment state for a 

shipment regulates any additional wastes (beyond those 

regulated Federally) as hazardous wastes under its state 

hazardous waste program. Facilities must also determine whether 

the consignment state or generator state requires the facility to 

submit any copies of the manifest to these states.

TSDF requirements N
§ 263.22 Recordkeeping.

(a) A generator must keep a copy of each manifest signed 

in accordance with §262.23(a) for three years or until he 

receives a signed copy from the designated facility which 

received the 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.

Retention requirements N

(a) A transporter of hazardous 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 hazardous 

waste was accepted by the initial transporter.

Retention requirements Y

(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 §263.20(e)(2) for a period of three years from the date 

the hazardous waste was accepted by the initial transporter.

Retention requirements Y

(c) For shipments of hazardous waste by rail within the United 

States:

Retention requirements Y

(1) The initial rail transporter must keep a copy of the manifest 

and shipping paper with all the information required in 

§263.20(f)(2) for a period of three years from the date the 

hazardous waste was accepted by the initial transporter; and

Retention requirements Y

(2) The final rail transporter must keep a copy of the signed 

manifest (or the shipping paper if signed by the designated facility 

Retention requirements Y

in lieu of the manifest) for a period of three years from the date 

the hazardous waste was accepted by the initial transporter.

(d) A transporter who transports hazardous waste out of the 

United States must keep a copy of the manifest indicating that the 

hazardous waste left the United States for a period of three years 

from the date the hazardous waste was accepted by the initial 

transporter.

3 year retention requirement N

(v) Retain at the facility a copy of each manifest for at least three 

years from the date of delivery. (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.

3 year retention requirement Y

(b) A generator must keep a copy of each Biennial Report and 

Exception Report for a period of at least three years from the due 

date of the report.

3 year retention requirement N

(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.

Retention requirements Y

§ 264.72 Manifest discrepancies.
(a) Manifest discrepancies are: Manifest discrepancies Y

(1) Significant differences (as defined by paragraph (b) of this 

section) between the quantity or type of hazardous waste 

designated on the manifest or shipping paper, and the quantity 

and type of hazardous waste a facility actually receives;

Manifest discrepancies Y

(2) Rejected wastes, which may be a full or partial shipment of 

hazardous waste that the TSDF cannot accept; or

Manifest discrepancies N

(3) Container residues, which are residues that exceed the 

quantity limits for “empty” containers set forth in 40 CFR 261.7(b).

Manifest discrepancies N

Manifest discrepancies Y

Manifest discrepancies Y

(b) Significant differences in quantity are: For bulk waste, 

variations greater than 10 percent in weight; for batch waste, any 

variation in piece count, such as a discrepancy of one drum in a 

truckload. Significant differences in type are obvious differences 

which can be discovered by inspection or waste analysis, such as 

waste solvent substituted for waste acid, or toxic constituents not 

reported on the manifest or shipping paper.

Manifest discrepancies Y

(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 15 days 

after receiving the waste, the owner or operator must 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.

Manifest discrepancies Y

(d)(1) Upon rejecting waste or identifying a container residue that 

exceeds the quantity limits for “empty” containers set forth in 40 

CFR 261.7(b), 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 or 

residue to the generator. The facility must send the waste to the 

alternative facility or to the generator within 60 days of the 

rejection or the container residue identification.

Manifest discrepancies N
(2) While the facility is making arrangements for forwarding 

rejected wastes or residues 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.

Manifest discrepancies N

(e) Except as provided in paragraph (e)(7) of this section, for full 

or partial load rejections and residues that are to be sent off-site 

to an alternate facility, the facility is required to prepare a new 

manifest in accordance with §262.20(a) of this chapter and the 

following instructions:

Manifest discrepancies N

(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.

Manifest discrepancies N

(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.

Manifest discrepancies N

(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 residue or 

rejected waste from the previous shipment.

Manifest discrepancies N

(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).

Manifest discrepancies N

(5) Write the DOT description for the rejected load or the residue 

in Item 9 (U.S. DOT Description) of the new manifest and write the 

container types, quantity, and volume(s) of waste.

Manifest discrepancies N

(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.

Manifest discrepancies N

(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.

Manifest discrepancies N

(f) Except as provided in paragraph (f)(7) of this section, for 

rejected wastes and residues that must be sent back to the 

generator, the facility is required to prepare a new manifest in 

accordance with §262.20(a) of this chapter and the following 

instructions:

Manifest discrepancies N
(1) Write the facility'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.

Manifest discrepancies N

(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.

Manifest discrepancies N

(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 residue or 

rejected waste from the previous shipment.

Manifest discrepancies N

(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).

Manifest discrepancies N

(5) Write the DOT description for the rejected load or the residue 

in Item 9 (U.S. DOT Description) of the new manifest and write the 

container types, quantity, and volume(s) of waste.

Manifest discrepancies N

(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.

Manifest discrepancies N

(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 

Manifest discrepancies N

with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.

(8) For full or partial load rejections and container residues 

contained in non-empty containers that are returned to the 

generator, the facility must also comply with the exception 

reporting requirements in §262.42(a).

Manifest discrepancies N
(g) If a facility rejects a waste or identifies a container residue that 

exceeds the quantity limits for “empty” containers set forth in 40 

CFR 261.7(b) 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 or residues 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.

Manifest discrepancies N

§ 264.76 Unmanifested waste report.

Unmanifested Waste Report N

Unmanifested Waste Report N

(a) If a facility accepts for treatment, storage, or disposal any 

hazardous waste from an off-site source without an 

accompanying manifest, or without an accompanying shipping 

paper as described by §263.20(e) of this chapter, and if the waste 

is not excluded from the manifest requirement by this chapter, 

then 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:

Unmanifested Waste Report N

(1) The EPA identification number, name and address of the 

facility;

Unmanifested Waste Report Y

(2) The date the facility received the waste; Unmanifested Waste Report Y

(3) The EPA identification number, name and address of the 

generator and the transporter, if available;

Unmanifested Waste Report Y

(4) A description and the quantity of each unmanifested 

hazardous waste the facility received;

Unmanifested Waste Report Y

(5) The method of treatment, storage, or disposal for each 

hazardous waste;

Unmanifested Waste Report Y
(6) The certification signed by the owner or operator of the facility 

or his authorized representative; and,

Unmanifested Waste Report N

(7) A brief explanation of why the waste was unmanifested, if 

known.

Unmanifested Waste Report Y

Unmanifested Waste Report N

Unmanifested Waste Report N

Unmanifested Waste Report N

§ 262.42 Exception reporting.

(a)(1) A generator of greater than 1000 kilograms of hazardous 

waste in a calendar month who does not receive a copy of the 

manifest with the handwritten signature of the owner or operator 

of the designated facility within 35 days of the date the waste was 

accepted by the initial transporter must contact the transporter 

and/or the owner or operator of the designated facility to 

determine the status of the hazardous waste.

Exception Reporting Y

(2) A generator of greater than 1000 kilograms of hazardous 

waste in a calendar month must submit an Exception Report to 

the EPA Regional Administrator for the Region in which the 

generator is located if he has not received 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. The Exception Report must 

include:

Exception Reporting Y

(i) A legible copy of the manifest for which the generator does not 

have confirmation of delivery;

Exception Reporting Y

(ii) A cover letter signed by the generator or his authorized 

representative explaining the efforts taken to locate the hazardous 

waste and the results of those efforts.

Exception Reporting Y

(b) A generator of greater than 100 kilograms but less than 1000 

kilograms of hazardous waste in a calendar month who does not 

receive a copy of the manifest with the handwritten signature of 

the owner or operator of the designated facility within 60 days of 

the date the waste was accepted by the initial transporter must 

submit a legible copy of the manifest, with some indication that 

the generator has not received confirmation of delivery, to the 

EPA Regional Administrator for the Region in which the generator 

is located.

Exception Reporting N
(c) For rejected shipments of hazardous waste or container 

residues contained in non-empty containers that are 

forwarded to an alternate facility by a designated facility

using a new manifest (following the procedures of 40 CFR 

264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through 

(6)), the generator must comply with the requirements of 

paragraph (a) or (b) 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) or (b) of this section for a shipment 

forwarding such waste to an alternate facility by a 

designated facility:

Exception Reporting N

(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

Exception Reporting N

(2) The 35/45/60-day timeframes begin the date the waste 

was accepted by the initial transporter forwarding the 

hazardous waste shipment from the designated facility to 

the alternate facility.

Exception Reporting N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N
One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N

One-year Exception Report N
New 761 CFR Notes

761.207(a) 761.207(a) matches 262.20(a)(1). 761.207(a) will be replaced 

with language from 262.20(a)(1), except as noted

761.207(a)(1) 761.207(a)(1) is unique to PCBs and will be retained in the 761 

rules. 

761.207(a)(2) 761.207(a)(2) is unique to PCBs and will be retained in the 761 

rules. 

761.207(a)(3) 761.207(a)(3) is unique to PCBs and will be retained in the 761 

rules. 

262.20(a)(2) is obsolete and will be addressed in a separate 

rulemaking.

761.208 761.207(b) is outdated and not nearly as comprehensive as 

262.21(g). 761.207(b) will be re-numbered and replaced with 

language from 262.21(g), except as noted

761.207(c) is obsolete and will be removed

761.207(d) is obsolete and will be removed

761.207(e) is obsolete and will be removed

761.207(f) is obsolete and will be removed

761.207(b) 761.207(g) matches 262.20(b). 761.207(g) will be renumbered and replaced with language from 262.20(b).
761.207(c) 761 does not include 262.20(c), but 262.20(c) is relevant to the 

PCB manifest. Language from 262.20(c) will be included in 761

761.207(d) 761.207(h) matches 262.20(d). 761.207(h) will be re-numbered 

and replaced with language from 262.20(d)

262.20(e) is not relevant to PCB generators

761.207(f) 262.20(f) is relevant to PCB manifest. 262.20(f) will be added 

as 761.207(f). However, the reference to 262.32(b) will not be 

included, nor will the reference to 263.10(a). Also, references to 

263.30 and 31 will not be included

761.209 761.207(i) matches 262.22. 761.207(i) will be replaced with 

language from 262.22
761.207(e) 761.207(j) is unique to PCBs and will be retained in the 761 

rules. 

761.210(a) 761.208(a)(1) matches 262.23(a). 761.208(a)(1) will be renumbered and replaced with language from 262.23(a)

761.210(a)(1) 761.208(a)(1)(i) matches 262.23(a)(1). 761.208(a)(1)(i) will be 

re-numbered and replaced with language from 262.23(a)(1)

761.210(a)(2) 761.208(a)(1)(ii) matches 262.23(a)(2). 761.208(a)(1)(ii) will be 

re-numbered and replaced with language from 262.23(a)(2)

761.210(a)(3) 761.208(a)(1)(iii) matches 262.23(a)(3). 761.208(a)(1)(iii) will 

be re-numbered and replaced with language from 262.23(a)(3). 

761.210(b) 761.208(a)(1)(iv) matches 262.23(b). 761.208(a)(1)(iv) will be 

re-numbered and replaced with language from 262.23(b)

761.210(c) 761.208(a)(2) matches 262.23(c) with the addition of the export 

language in 262.23(c). However, the export language is 

relevant to use of the manifest for PCBs. 761.208(a)(2) will be 

re-numbered and replaced with language from 262.23(c) 

761.210(d) 761.208(a)(3) matches 262.23(d). 761.208(a)(3) will be renumbered and replaced with language from 262.23(d)

761.210(d)(1) 761.208(a)(3)(i) matches 262.23(d)(1). 761.208(a)(3)(i) will be 

re-numbered and replaced with language from 262.23(d)(1)

761.210(d)(2) 761.208(a)(3)(ii) matches 262.23(d)(2). 761.208(a)(3)(ii) will be 

re-numbered and replaced with language from 262.23(d)(2)

761 does not have a provision similar to 262.23(d)(3). The 

content of 262.23(d)(3) will not be addressed in this rulemaking.
262.23(e) is not relevant to the PCB manifest.

761.210(e) 761 does not have a provision similar to 262.23(f), but 

262.23(f) is relevant to the PCB manifest, except residues are 

not applicable to PCB waste. Language from 232.23(f), except 

as noted will be included in 761.

See Table 7, Exception Reporting. 761.208(a)(4) closely

matches 262.42(a)(1) and 262.42(a)(2), except for the 1000 kg 

threshold, which is not relevant to PCB waste. PCB waste 

exception reporting will be addressed below with sections 

761.215(a) and (b). Also, the requirement in 761.180(a)(2)(viii) 

is no longer necessary and will be removed from the 

regulations.
761.211(a)(1) Match except for conditions. 761.208(b)(1) will be retained but 

re-numbered

761.211(a)(1)(i) 761.208(b)(1)(i) is unique to PCBs and will be retained but renumbered.

761.211(a)(1)(ii) 761.208(b)(1)(ii) is unique to PCBs and will be retained but renumbered.

761 does not have a match for 263.20(a)(2). The content of 

263.20(a)(2) will not be addressed in this rulemaking.

263.20(a)(3) is obsolete and will be addressed in a separate 

rulemaking

761.211(b) 761.208(b)(2) matches 263.20(b). 761.208(b)(2) will be renumbered and replaced with language from 263.20(b)

761.211(c) 761.208(b)(3) matches 263.20(c) except for the export 

language in 263.20(c). The export language will not be 

addressed in this rulemaking, so the language from 

761.208(b)(3) will be retained but re-numbered. 

761.211(d) 761.208(b)(4) matches 263.20(d). 761.208(b)(4) will be renumbered and replaced with language from 263.20(d)

761.211(d)(1) 761.208(b)(4)(i) matches 263.20(d)(1). 761.208(b)(4)(i) will be 

re-numbered and replaced with language from 263.20(d)(1)
761.211(d)(2) 761.208(b)(4)(ii) matches 263.20(d)(2). 761.208(b)(4)(ii) will be 

re-numbered and replaced with language from 263.20(d)(2)

761.211(d)(3) 761.208(b)(4)(iii) matches 263.20(d)(3). 761.208(b)(4)(iii) will 

be re-numbered and replaced with language from 263.20(d)(3)

761.211(e) 761.208(b)(5) does not reference 761.208(b)(6), which is the 

corresponding part for 263.20(f). However, 761.208(b)(6) 

references 263.20(f) and 263.20(f) references 263.20(e).... In 

short, 761.208(b)(5) will be re-numbered and replaced with 

language from 263.20(e)

761.211(e)(1) 761.208(b)(5)(i) matches 263.20(e)(1). 761.208(b)(5)(i) will be 

re-numbered and replaced with language from 263.20(e)(1)

761.211(e)(2) 761.208(b)(5)(ii) matches 263.20(e)(2) except for the export 

language in 263.20(e)(2). The export language will not be 

addressed in this rulemaking, so the language from 

761.208(b)(5)(ii) will be retained but renumbered.

761.211(e)(3) 761.208(b)(5)(iii) matches 263.20(e)(3). 761.208(b)(5)(iii) will 

be re-numbered and replaced with language from 263.20(e)(3)

761.211(e)(4) 761.208(b)(5)(iv) matches 263.20(e)(4). 761.208(b)(5)(iv) will 

be re-numbered and replaced with language from 263.20(e)(4)

761.211(e)(5) 761.208(b)(5)(v) matches 263.20(e)(5). 761.208(b)(5)(v) will be 

re-numbered and replaced with language from 263.20(e)(5)

761.211(f) 761.208(b)(6) matches 263.20(f). 761.208(b)(6) will be renumbered and replaced with language from 263.20(f), except 

for 263.20(f)(1)(iii)(c) and 263.20(f)(2). 263.20(f)(1)(iii)(c) and 

263.20(f)(2) both reference exports which will not be addressed 

in this rulemaking, thus 263.20(f)(1)(iii)(c) and a portion of 

263.20(f)(2) will not be included.

761.211(f)(1)

761.211(f)(1)(i)

761.211(f)(1)(ii)

761.211(f)(1)(iii)

761.211(f)(1)(iii)(A)

761.211(f)(1)(iii)(B)

761.211(f)(1)(iii)(C) 

761.211(f)(1)(iv)
761.211(f)(2)

761.211(f)(3)

761.211(f)(3)(i)

761.211(f)(3)(ii)

761.211(f)(4)

761.211(f)(4)(i)

761.211(f)(4)(ii)

761.211(f)(5)

761 does not have a provision similar to 263.20(g). The 

content of 263.20(g) will not be addressed in this rulemaking.

263.20(h) is not relevant to the PCB manifest
761.212(a) 761.208(b)(7) matches 263.21(a). 761.208(b)(7) will be renumbered and replaced with language from 263.21(a)

761.212(a)(1) 761.208(b)(7)(i) matches 263.21(a)(1). 761.208(b)(7)(i) will be 

re-numbered and replaced with language from 263.21(a)(1)

761.212(a)(2) 263.21(a)(2) is relevant to PCB manifest and will be added.

761.212(a)(3) 761.208(b)(7)(ii) matches 263.21(a)(3). 761.208(b)(7)(ii) will be 

replaced with language from 263.21(a)(3)

761 does not have a match for 263.21(a)(4). The content of 

263.21(a)(4) will not be addressed in this rulemaking.

761.212(b)(1) 761.208(b)(8) closely matches 263.21(b)(1). 761.208(b)(8) will 

be re-numbered and replaced with language from 263.21(b)(1)

761.212(b)(2) 263.21(b)(2) is relevant to PCB manifest and will be added. 

761.212(b)(2)(i) 263.21(b)(2)(i) is relevant to PCB manifest, except for the 

residue language and will be added..

761.212(b)(2)(ii) 263.21(b)(2)(ii) is relevant to PCB manifest and will be added.
761.212(b)(2)(iii) Keep in 761

 Not relevant to PCB manifest

264.70(b) is obsolete and will be addressed in a separate 

rulemaking

761.213(a)(1) Relevant to PCB manifest and will be added.

761.213(a)(2) 761.208(c)(1) matches 264.71(a)(2). 761.208(c)(1) will be renumbered and replaced with language from 264.71(a)(2)

761.213(a)(2)(i) 761.208(c)(1)(i) matches 264.71(a)(2)(i). 761.208(c)(1)(i) will be 

re-numbered and replaced with language from 264.71(a)(2)(i)

761.213(a)(2)(ii) 761.208(c)(1)(ii) matches 264.71(a)(2)(ii). 761.208(c)(1)(ii) will 

be re-numbered and replaced with language from 

264.71(a)(2)(ii)

761.213(a)(2)(iii) 761.208(c)(1)(iii) matches 264.71(a)(2)(iii). 761.208(c)(1)(iii) will 

be re-numbered and replaced with language from 

264.71(a)(2)(iii)

761.213(a)(2)(iv) 761.208(c)(1)(iv) matches 264.71(a)(2)(iv). 761.208(c)(1)(iv) will 

be re-numbered and replaced with language from 

264.71(a)(2)(iv)

761.213(a)(2)(v) 761.208(c)(1)(v) matches 264.71(a)(2)(v). 761.208(c)(1)(v) will 

be re-numbered and replaced with language from 

264.71(a)(2)(v)
761 does not have a provision similar to 264.71(a)(3). The 

content of 264.71(a)(3) will not be addressed in this rulemaking

761.213(b) 761.208(c)(2) matches 264.71(b). 761.208(c)(2) will be renumbered and replaced with language from 264.71(b)

761.213(b)(1) 761.208(c)(2)(i) matches 264.71(b)(1). 761.208(c)(2)(i) will be 

re-numbered and replaced with language from 264.71(b)(1)

761.213(b)(2) 761.208(c)(2)(ii) matches 264.71(b)(2). 761.208(c)(2)(ii) will be 

re-numbered and replaced with language from 264.71(b)(2)

761.213(b)(3) 761.208(c)(2)(iii) matches 264.71(b)(3). 761.208(c)(2)(iii) will be 

re-numbered and replaced with language from 264.71(b)(3)

761.213(b)(4) 761.208(c)(2)(iv) matches 264.71(b)(4). 761.208(c)(2)(iv) will be 

re-numbered and replaced with language from 264.71(b)(4)

761.213(b)(5) 761.208(c)(2)(v) matches 264.71(b)(5). 761.208(c)(2)(v) will be 

re-numbered and replaced with language from 264.71(b)(5)

761.213(c) 761.208(c)(3) specifies an off-site shipment which 264.71(c) 

does not. 761.208(c)(3) will be retained and renumbered. 

Not relevant to PCB manifest

Not relevant to PCB manifest
761.214(a)(1) 761.209(a) matches 262.40(a) except for the language under 

761.180(a). 761.209(a) will be re-numbered and will be 

replaced with language from 262.40(a), as well as a reference 

to 761.180.

761.214(a)(2) 761.209(b)(1) matches 263.22(a). 761.209(b)(1) will be renumbered and will be replaced with language from 263.22(a).

761.214(b) 761.209(b)(2) matches 263.22(b). 761.209(b)(2) will be renumbered and will be replaced with language from 263.22(b).

761.214(c) 761.209(b)(3) matches 263.22(c). 761.209(b)(3) will be renumbered and will be replaced with the language in 263.22(c).

761.214(c)(1) 761.209(b)(3)(i) matches 263.22(c)(1). 761.209(b)(3)(i) will be 

re-numbered and will be replaced with the language in 

263.22(c)(1).

761.214(c)(2) 761.209(b)(3)(ii) matches 263.22(c)(2). 761.209(b)(3)(ii) will be 

re-numbered and will be replaced with the language in 

263.22(c)(2).

761 does not have a provision similar to 263.22(d). The 

content of 263.22(d) will not be addressed in this rulemaking

761.213(a)(2)(v), 

761.213(b)(5)

761.209(c) is covered by 264.71(a)(2)(v) 264.71(b)(5). 

761.209(c) will be re-numbered and will be replaced with 

language in 264.71(a)(2)(v) and 264.71(b)(v).

761.214(d) 761 does not have a provision similar to r 262.40(b). However, 

the 3 year retention period for exception reports is relevant to 

PCB exception reports and will be added to l262.40(b).

761.214(e) 761.209(d) matches 263.22(e). 761.209(d) will be re-numbered 

and will be replaced with language in 263.22(e).
761.215(a) and 

761.215(a)(1)

761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a) will be re-numbered 

and will be replaced with language 264.72(a), (a)(1)

761.215(a) and 

761.215(a)(1)

761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a)(1) will be re-numbered 

and will be replaced with language from 264.72(a), (a)(1).

761.215(a)(2) 264.72(a)(2) is relevant to PCB manifest and language will be 

added to 761.

264.72(a)(3) is not relevant to PCBs. Container residues do not 

have quantity limits for PCB waste and thus, this language will 

not be addressed in this action.

761.215(a) and 

761.215(a)(1)

761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a)(1)(i) will be renumbered and will be replaced with language from 264.72(a), 

(a)(1)

761.215(a) and 

761.215(a)(1)

761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii) matches 264.72(a), (a)(1), 

and the first sentence of (b). 761.210(a)(1)(ii) will be renumbered and will be replaced with language from 264.72(a), 

(a)(1)

761.215(b) 761.210(a)(2) matches the second sentence in 264.72(b). 

761.210(a)(2) will be renumbered and will be replaced with the 

language from 264.72(b) .

761.215(c) 761.210(b) matches 264.72(c). 761.210(b) will be re-numbered 

and will be replaced with language from 264.72(c). 

761.215(d)(1) relevant to PCB manifest, except for residue language, and 

language will be added to 761.
761.215(d)(2) relevant to PCB manifest, except for residue language, and 

language will be added to 761

761.215(e) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.215(e)(1) relevant to PCB manifest and language will be added to 761

761.215(e)(2) relevant to PCB manifest and language will be added to 761

761.215(e)(3) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.215(e)(4) relevant to PCB manifest and language will be added to 761

761.215(e)(5) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.215(e)(6) relevant to PCB manifest and language will be added to 761

761.215(e)(7) relevant to PCB manifest and language will be added to 761

761.215(f) relevant to PCB manifest, except for residue language and 

language will be added to 761
761.215(f)(1) relevant to PCB manifest and language will be added to 761

761.215(f)(2) relevant to PCB manifest and language will be added to 761

761.215(f)(3) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.215(f)(4) relevant to PCB manifest and language will be added to 761

761.215(f)(5) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.215(f)(6) relevant to PCB manifest and language will be added to 761

761.215(f)(7) relevant to PCB manifest and language will be added to 761

761.215(f)(8) relevant to PCB manifest, except for residue language and 

language will be added to 761
761.215(g) relevant to PCB manifest, except for residue language and 

language will be added to 761

761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, there is no match in 264.76 for the owner 

to contact the generator to obtain a manifest or return the 

waste..761.211(a) will be re-numbered and will be replaced with 

the appropriate language in 264.76(a).

761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, there is no match in 264.76 for the owner 

to contact the Regional Administrator to determine further 

action.761.211(b) will be re-numbered and will be replaced with 

the appropriate language in 264.76(a).

761.216(a) The general concept of 761.211(a),(b),and (c) matches that of 

264.76(a), however, 761.211(c) requires the report to be sent to 

both the Regional Administrator where commercial storage or 

disposal facility is located and the Regional Administrator in 

which the PCB waste originated. 761.211(c) will be renumbered and replaced with language in 264.76(a),

761.216(a)(1) 761.211(c)(1) matches 264.76(a)(1). 761.211(c)(1) will be renumbered and will be replaced with language in 264.76(a)(1)

761.216(a)(2) 761.211(c)(2) matches 264.76(a)(2). 761.211(c)(2) will be renumbered and will be replaced with language in 264.76(a)(2)

761.216(a)(3) 761.211(c)(3) matches 264.76(a)(3). 761.211(c)(3) will be renumbered and will be replaced with language in 264.76(a)(3)

761.216(a)(4) 761.211(c)(4) matches 264.76(a)(4). 761.211(c)(4) will be renumbered and will be replaced with language in 264.76(a)(4)

761.216(a)(5) 264.76(a)(5) is covered by 761.211(c)(6)
761.216(a)(6) Certification is just the signature. This is relevant to PCB 

unmanifested waste report and will be added to language in 761

761.216(a)(7) 761.211(c)(5) matches 264.76(a)(7). 761.211(c)(5) will be renumbered and will be replaced with language in 264.76(a)(7)

761.216(a)(8) Unique to PCBs and will be retained but re-numbered

761.216(a)(8)(i) Unique to PCBs and will be retained but re-numbered

761.216(a)(8)(ii) Unique to PCBs and will be retained but re-numbered

761.217(a)(1) 761.215(a) closely matches 262.42(a)(1). Also as noted above, 

some of 761.208(a)(4) closely matches 262.42(a)(1) and 

262.42(a)(2). 761.208(a)(4) will be removed, but 761.215(a) will 

be retained but re-numbered.

761.217(a)(2) 761.215(b) closely matches 262.42(a)(2). 761.215(b) will be 

retained but re-numbered.

761.217(a)(2)(i) 761.215(b)(1) matches 262.42(a)(2)(i). 761.215(b)(1) will be renumbered and will be replaced with language in 264.42(a)(2)(i).

761.217(a)(2)(ii) 761.215(b)(2) matches 262.42(a)(2)(ii). 761.215(b)(2) will be renumbered and will be replaced with language in 264.42(a)(2)(ii).

262.42(b) is not relevant to PCBs and thus, will not be included 

in this action.
761.217(b) relevant to PCB manifest, except for residue language, thus will 

be included in this action

761.217(b)(1) relevant to PCB manifest, and thus, will be included in this 

action.

761.217(b)(2) relevant to PCB manifest, and thus, will be included in this 

action, except as noted.

761.219(a) One-year exception report is unique to PCBs, and thus, will be 

retained in the 761 rules

761.219(a)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(a)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(b) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(b)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(b)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.
761.219(c)(1) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2)(i) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2)(ii) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2)(iii) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2)(iv) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(c)(2)(v) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.

761.219(d) One-year exception report is unique to PCBs and thus, will be 

retained in the 761 rules.