### 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 **sy stem.**  **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 A**pplicability**
**. 264.70(a)**  TSDF requirements **264.70(b)** 

### § 264.71 Use of **manifest sy stem.**  **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 w** **aste 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 m anifest. 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 renum bered 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 renum bered 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 renum bered. N **761.211(a)(1)(ii)** 761.208(b)(1)(ii) is unique to PCBs and will be retained but renum bered.
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 renum bered 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 renum bered 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 renum bered 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 manifestN

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 renum bered 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 m anifest and will be added. Y **761.213(a)(2)** 761.208(c)(1) matches 264.71(a)(2). 761.208(c)(1) will be renum bered 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 renum bered 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 renum bered 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 renum bered 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 renum bered 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 from264.72(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

lim its 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),and the first sentence of (b). 761.210(a)(1)(i) will be re**761.215(a)(1)** num bered 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 renum bered 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 from264.72(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 761N **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 Adm inistrator where commercial storage or disposal facility

is located and the Regional Administrator inwhich the PCB waste originated. 761.211(c) will be renum bered 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 renum bered 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 renum bered 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 renum bered 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 renum bered 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 unm anifested 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 renum bered 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 renum bered 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 renum bered 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) W hen 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 thewaste 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. Ifthe 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) W ithin 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) W ithin 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) W henever 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 w**aste 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) W ithin 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 Septem ber 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 Septem ber 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 em ergency 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 requirem ents 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 YPCB 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) W ithin 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 sy**stem.**

(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) W hen 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) W hen 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) W hen 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 NDOT 49 CFR part 171 N



### § 264.70 A**pplicability**
**.** (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 sy**stem.** (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) W ithin 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) W ithin 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) W henever 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) W ithin 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) W hile 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) W rite the generator's U.S. EPA ID number in Item 1 of the new manifest. W rite 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) W rite 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) W rite 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) W rite the facility's U.S. EPA ID number in Item 1 of the new

manifest. W rite 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) W rite 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) W rite 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 w**aste 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 m anifest (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 requirem ents 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

tim eframes 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 NOne-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 renum bered 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 m anifest. 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 renum bered 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 renum bered 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 renum bered.

**761.211(a)(1)(ii)** 761.208(b)(1)(ii) is unique to PCBs and will be retained but renum bered.
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 renum bered 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 renum bered 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 renum bered 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 renum bered 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 m anifest and will be added.

**761.213(a)(2)** 761.208(c)(1) matches 264.71(a)(2). 761.208(c)(1) will be renum bered 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 renum bered 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 renum bered 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 renum bered 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 renum bered 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 from264.72(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

lim its 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 renum bered 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 renum bered 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 from264.72(c).

**761.215(d)(1)** relevant to PCB m anifest, except for residue language, and language will be added to 761.**761.215(d)(2)** relevant to PCB m anifest, except for residue language, and language will be added to 761

**761.215(e)** relevant to PCB m anifest, except for residue language and language will be added to 761

**761.215(e)(1)** relevant to PCB m anifest and language will be added to 761

**761.215(e)(2)** relevant to PCB m anifest and language will be added to 761
**761.215(e)(3)** relevant to PCB m anifest, except for residue language and language will be added to 761

**761.215(e)(4)** relevant to PCB m anifest and language will be added to 761
**761.215(e)(5)** relevant to PCB m anifest, except for residue language and language will be added to 761
**761.215(e)(6)** relevant to PCB m anifest and language will be added to 761

**761.215(e)(7)** relevant to PCB m anifest and language will be added to 761

**761.215(f)** relevant to PCB m anifest, except for residue language and language will be added to 761**761.215(f)(1)** relevant to PCB m anifest and language will be added to 761

**761.215(f)(2)** relevant to PCB m anifest and language will be added to 761
**761.215(f)(3)** relevant to PCB m anifest, except for residue language and language will be added to 761

**761.215(f)(4)** relevant to PCB m anifest and language will be added to 761
**761.215(f)(5)** relevant to PCB m anifest, except for residue language and language will be added to 761
**761.215(f)(6)** relevant to PCB m anifest and language will be added to 761

**761.215(f)(7)** relevant to PCB m anifest and language will be added to 761

**761.215(f)(8)** relevant to PCB m anifest, except for residue language and language will be added to 761**761.215(g)** relevant to PCB m anifest, 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 Adm inistrator where commercial storage or disposal facility

is located and the Regional Administrator inwhich the PCB waste originated. 761.211(c) will be renum bered 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 renum bered 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 renum bered 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 renum bered 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 renum bered 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 unm anifested 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 renum bered 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 renum bered 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 renum bered 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 m anifest, except for residue language, thus will be included in this action

**761.217(b)(1)** relevant to PCB m anifest, and thus, will be included in this action.
**761.217(b)(2)** relevant to PCB m anifest, 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.