54818 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f). 

Specifically, this event was analyzed as 

part of the environmental assessment for 

the 34th America’s Cup (available at 

http://www.americascupnepa.org/ 

documents.html, see p. 2–101, covering 

the exhibition from September 30 to 

October 3). Based on our analysis, the 

Coast Guard has concluded this action 

does not individually or cumulatively 

have a significant effect on the human 

environment. A copy of the Finding of 

No Significant Impact for this event is 

available in the docket. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–515 to read as 

follows: 

§ 165.T11–515 Safety Zone: America’s Cup 

World Series Regattas, San Francisco Bay; 

San Francisco, CA. 

(a) Location. This temporary safety 

zone is established on the waters of San 

Francisco Bay located in the vicinity of 

the Golden Gate Bridge, Alcatraz Island, 

the City of San Francisco waterfront, 

and the Bay Bridge. Movement within 

marinas, pier spaces, and facilities along 

the City of San Francisco waterfront is 

not regulated by this rule. The safety 

zone will encompass the navigable 

waters of the San Francisco Bay 

bounded by a line beginning at position 

37°48′43′′ N, 122°25′11′′ W at the eastern 

end of Fisherman′s Wharf Breakwater, 

running east to position 37°48′43′′ N, 

122°25′01′′ W, running north to position 

37°49′07′′ N, 122°25′01′′ W, running 

northwest to position 37°49′14′′ N, 

122°25′12′′ W located south of Alcatraz 

Island, running west to position 

37°49′14′′ N, 122°27′13′′ W, running 

south to position 37°48′23′′ N, 

122°27′13′′ W, running eastward along 

the City of San Francisco shoreline, 

along the Municipal Pier, east across the 

mouth of Aquatic Park cove to the 

Fisherman′s Wharf breakwater then east 

along the breakwater. All coordinates 

are North American Datum 1983. 

(b) Enforcement Period. The zone 

described in paragraph (a) of this 

section will be enforced from 12:30 p.m. 

until 4:30 p.m. on October 2, 2012 and 

from 12:30 p.m. until 4:30 p.m. on 

October 3, 2012. The enforcement 

period may be curtailed earlier by the 

Captain of the Port (COTP). The COTP 

will notify the maritime community of 

periods during which this zone will be 

enforced via Broadcast Notice to 

Mariners in accordance with 33 CFR 

165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR part 165, subpart 

C, entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: August 17, 2012. 

Cynthia L. Stowe, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2012–21919 Filed 9–5–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 761 

[EPA–HQ–RCRA–2011–0524 [FRL–9703–1] 

RIN 2050–AG71 

Polychlorinated Biphenyls (PCBs): 

Revisions to Manifesting Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’ or ‘‘the Agency’’) is 

issuing this direct final rule to update 

and clarify several sections of the 

Polychlorinated Biphenyl (PCB) 

regulations associated with the 

manifesting requirements, which uses 

the Resource Conservation and 

Recovery Act (RCRA) Uniform 

Hazardous Waste Manifest, under the 

Toxic Substances Control Act (TSCA). 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54819 

Today’s changes are to match, as much 

as possible, the manifesting 

requirements for PCBs under TSCA to 

the manifesting requirements for 

hazardous waste under RCRA, of which 

the regulatory changes to implement the 

Uniform Hazardous Waste Manifest 

form were promulgated on March 4, 

2005. 

DATES: This direct final rule will be 

effective December 5, 2012 without 

further notice, unless EPA receives 

adverse written comment by November 

5, 2012. If adverse comments are 

received, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the 

amendments in this direct final rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2011–0524, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: rcra-docket@epa.gov and 

noggle.william@epa.gov. Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0524. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2011– 

0524. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Attention Docket ID No. 

EPA–HQ–RCRA–2011–0524. Please 

include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to the EPA Docket Center (EPA/ 

DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2011– 

0524. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ-Docket Center, Docket ID No 

EPA–HQ–RCRA–2011–0524, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The EPA Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the RCRA Docket is (202) 566–0270. A 

reasonable fee may be charged for 

copying docket materials. 

FOR FURTHER INFORMATION CONTACT: 

William Noggle, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304P), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460, Phone: 

703–347–8769; or by email: 

noggle.william@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Why is EPA using a direct final rule? 

II. Does this action apply to me? 

III. Description of Amendments to Part 761 

A. Overview of Changes to 40 CFR Part 761 

B. Revisions to the PCB Regulations under 

40 CFR 761.207 (The Manifest—General 

Requirements) 

C. Revisions to the PCB Regulations under 

40 CFR 761.208 (Use of the Manifest) 

D. Revisions to the PCB Regulations under 

40 CFR 761.209 (Retention of Manifest 

Records) 

E. Revisions to the PCB Regulations under 

40 CFR 761.210 (Manifest Discrepancies) 

F. Revisions to the PCB Regulations under 

40 CFR 761.211 (Unmanifested Waste 

Report) 

G. Revisions to the PCB Regulations under 

40 CFR 761.215 (Exception Reporting) 

H. Revisions to other Sections in 40 CFR 

761 

IV. Statutory and Executive Order Reviews 

A. Regulatory Flexibility Act 

B. Congressional Review Act 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule as a direct 

final rule because the Agency views this 

action as noncontroversial and EPA 

anticipates no adverse comments since 

these changes are only meant to update 

the PCB manifest regulations for the 

sake of consistency between the PCB 

manifest and the RCRA manifest. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is also publishing a separate document 

that will serve as a proposed rule should 

the Agency receive adverse comments 

on this action. EPA will not institute a 

second proposal or allow for another 

comment period on this action. Any 

parties interested in commenting must 

do so at this time using the Docket ID: 

EPA–HQ–RCRA–2011–0524, which is 

common to both this direct final rule 

and the proposed rule. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comments, 

the Agency will publish a timely 

withdrawal in the Federal Register 

informing the public that these 

amendments will not take effect, and 

the reason for such withdrawal. EPA 

will address public comments in any 

subsequent final rule based on the 

proposed rule being concurrently 

published today. 

If we do not receive adverse 

comments, this direct final rule will 

take effect on December 5, 2012. 

II. Does this action apply to me? 

This action applies to generators, 

transporters, and designated facilities 

(off-site disposal and commercial 

storage facilities) managing PCB wastes. 

Potentially affected categories and 

entities include, but are not necessarily 

limited to: 


TKELLEY on DSK3SPTVN1PROD with RULES
54820 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

NAICS Description NAICS Code Examples of potentially affected entities 

Electric Power Distribution .......................................................... 221122 Generators of PCB waste. 

Transportation and Warehousing ............................................... 48–49 Transportation of PCB waste. 

Waste Management and Remediation Services ........................ 562 Facilities that manage PCB waste. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this section could 

also be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 Code of Federal Regulations (CFR) 

part 761. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

III. Description of Amendments to Part 

761 

A. Overview of Changes to 40 CFR Part 

761 

The existing PCB manifest regulations 

are in 40 CFR part 761. The RCRA 

manifest regulations are in 40 CFR parts 

262, 263, and 264. Since the 

promulgation of the PCB manifest 

regulations, several updates have been 

made to the RCRA manifest regulations, 

where the corresponding changes have 

not been made to the PCB manifest 

regulations. The intent of today’s 

changes is to bring into alignment, as 

much as possible, the manifesting 

requirements for PCBs to those of RCRA 

hazardous waste. These changes are 

needed because PCB wastes are 

manifested using the RCRA Uniform 

Hazardous Waste Manifest and PCB 

waste handlers and generators need to 

adhere to the more recent RCRA 

hazardous waste manifest regulations, 

while still accounting for certain unique 

PCB manifest regulations. Since PCBs 

are manifested using the same manifest 

as RCRA hazardous waste, all of the 

changes described today to part 761 are 

already being implemented by PCB 

waste handlers and generators except 

for the exemption to manifest waste 

transported on a right-of-way (40 CFR 

262.20(f)), and as a result, this 

rulemaking should have no economic 

impact since PCB waste handlers and 

generators will not have to modify their 

current practices on manifesting PCB 

waste. No additional burden is created. 

Furthermore, to simplify the use of both 

the RCRA and PCB manifest regulations, 

sections under part 761 are being 

reorganized and renumbered to parallel 

the similar sections under parts 262 

through 264. 

EPA compared the PCB manifest 

regulations (40 CFR part 761) to the 

RCRA manifest regulations (40 CFR 

parts 262, 263, and 264) to determine 

which sections from the RCRA manifest 

regulations do not exist in the PCB 

manifest regulations. Below is a table 

(Table 1) of the regulations from 40 CFR 

parts 262–264 that EPA is adding to 40 

CFR part 761, where the content of the 

section will be new to 40 CFR part 761. 

Explanations for the changes below, as 

with the other changes in this rule, are 

included in the subsequent sections in 

this direct final rule. In addition to 

today’s direct final rule, EPA is 

including, in the docket, a crosswalk 

between the RCRA manifest regulations 

and the PCB manifest regulations. 

TABLE 1 

40 CFR section Brief description of RCRA regulation 

262.20(c) .............................. Designating an alternate facility on the manifest. 

262.20(f) ............................... Manifesting exemption for the transport of waste on a public or private right-of-way within or along the border of 

contiguous property. 

262.23(f) ............................... Generator requirements for rejected shipments returned by the receiving facility back to the generator. (language 

on non-empty containers and residues is not relevant to PCB waste). 

262.40(b) .............................. 3-year exception report retention requirement for generators. 

263.21(a)(2) .......................... Alternate designated facility is listed as one of the options that the transporter must deliver the waste to. 

263.21(b)(2) .......................... Partial and full load rejection requirements if the waste is rejected while the transporter is on the facility’s premises. 

264.71(a)(1) .......................... Facility signs and dates the manifest when the waste was received, except as noted in the discrepancy space of 

the manifest, or when the waste was rejected as noted in the manifest discrepancy space. 

264.72(a)(2) .......................... Definition of rejected wastes as manifest discrepancies. 

264.72(d) .............................. Upon rejecting waste, the facility must consult with the generator prior to forwarding the waste to another facility. 

The facility must send the waste to another facility or back to the generator within 60 days of the rejection. 

While making arrangements for the rejected waste, the facility must ensure that the transporter retains custody 

or the facility provides secure, temporary custody of the waste. 

264.72(e) .............................. Facility requirements for preparing a new manifest for full or partial load rejections that are to be sent off-site to 

an alternate facility. 

264.72(f) ............................... Facility requirements for preparing a new manifest for rejected wastes that must be sent back to the generator. 

264.72(g) .............................. Facility requirements for amending the manifest for rejected wastes after the facility has signed, dated, and returned the manifest to the delivering transporter or to the generator. 

264.76(a)(6) .......................... Unmanifested waste report must include the certification signed by the owner, operator, or authorized representative of the facility. 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54821 

B. Revisions to the PCB Regulations 

under 40 CFR 761.207 (The Manifest— 

General Requirements) 

EPA is using the following table 

(Table 2) to compare the sections of the 

PCB regulations under 40 CFR 761.207 

to the equivalent or relevant sections in 

the RCRA regulations in 40 CFR part 

262, which are §§ 262.20, 262.21, and 

262.22. 

TABLE 2 

CFR Part 761 

Section 

CFR Part 262 

Section Description Match (Y/N) New 761 CFR 

761.207 The manifest—general requirements.262.20 General requirements. 

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

761.207(a)(1) ........................... ................................................. PCB specific ........................... N 761.207(a)(1). 

761.207(a)(2) ........................... ................................................. PCB specific ........................... N 761.207(a)(2). 

761.207(a)(3) ........................... ................................................. PCB specific ........................... N 761.207(a)(3). 

262.20(a)(2) ............................ ................................................. N see description below. 

761.207(b) ............................... 262.21 Manifest tracking numbers, manifest printing, and 

obtaining manifests.

Supplies of printed copies of 

8700–22.

N 761.208. 

761.207(c) ............................... ................................................. State requirements ................. N see description below. 

761.207(d) ............................... ................................................. State requirements ................. N see description below. 

761.207(e) ............................... ................................................. State requirements ................. N see description below. 

761.207(f) ................................ ................................................. State requirements ................. N see description below. 

761.207(g) ............................... 262.20(b) ................................. Generator requirements .......... Y 761.207(b). 

.................................................. 262.20(c) ................................. Generator requirements .......... N 761.207(c). 

761.207(h) ............................... 262.20(d) ................................. Generator and Transporter requirements.Y 761.207(d). 

.................................................. 262.20(e) ................................. Generator requirements .......... N see description below. 

.................................................. 262.20(f) .................................. Generator and Transporter requirements.N 761.207(f). 

761.207(i) ................................ 262.22 Number of copies ....... Number of Copies ................... Y 761.209. 

761.207(j) ................................ ................................................. PCB specific ........................... N 761.207(e). 

Listed below are the explanations of 

each change made to § 761.207 in the 

order listed on the table above. 

40 CFR 761.207(a)—general manifest 

requirements for generators: Section 

761.207(a) closely matches 

§ 262.20(a)(1). However, § 262.20(a)(1) 

includes references to the manifest OMB 

control number and treatment, storage, 

or disposal facilities completing a 

manifest for a rejected load, which 

§ 761.207(a) does not include. Section 

262.20(a)(1) also includes a reference to 

the manifest continuation sheet being 

EPA form 8700–22A. Due to the 

additional manifest data required under 

§§ 761.207(a)(1), (2), and (3), EPA form 

8700–22A is not required as the 

continuation sheet for the PCB manifest. 

The OMB control number for managing 

PCB manifesting requirements and 

RCRA manifesting requirements is 

currently different, so the OMB control 

number will not be cited in Section 

761.207(a). Section 761.207(a), codified 

through this rule, utilizes the language 

from § 262.20(a)(1), except for the 

reference to form 8700–22A and the 

specific OMB control number reference. 

Additionally, to clarify the use of a 

continuation sheet for the PCB manifest, 

a note is included in § 761.207(a), which 

explicitly states form 8700–22A does 

not need to be used as the continuation 

sheet. 

40 CFR 761.207(a)(1), (2), and (3)— 

general manifest requirements for 

generators: Sections 761.207(a)(1), (2), 

and (3) are unique requirements for 

completing a manifest for PCB waste, 

such as including the date for removal 

from service for disposal and the PCB 

article’s serial number on the manifest. 

These sections will be retained in the 

updated regulations as §§ 761.207(a)(1), 

(2), and (3) with minor revisions. 

40 CFR 262.20(a)(2)—compliance 

date: Part 761 does not contain a 

provision similar to § 262.20(a)(2). 

Section 262.20(a)(2) specifies the 

compliance date of manifest form 

revisions being September 5, 2006. This 

compliance date was relevant to PCB 

manifests; however, there should not be 

any more of the out-dated forms being 

used. Accordingly, language from 

§ 262.20(a)(2) is not included in the 

updated PCB regulations. Section 

262.20(a)(2) will be addressed in a 

separate RCRA rulemaking. 

40 CFR 761.207(b)—obtaining 

manifests: Section 761.207(b) briefly 

describes how to obtain manifests. 40 

CFR 262.21(g) not only includes a brief 

description in § 761.207(b), but also 

includes the most current details on 

obtaining manifests. Because 

§ 761.207(b) lacks these details, 

§ 761.208, codified through this rule, 

uses language from § 262.21(g). The 

language regarding certification of 

manifest printers from the remainder of 

§ 262.21 will not be included in 

§ 761.208, because EPA does not intend 

to certify printers solely for PCB 

manifests, when a certification process 

already exists under the RCRA 

regulation and certified printers 

distribute the same manifest form for 

both PCB and RCRA waste. 

40 CFR 761.207(c), (d), (e), and (f)— 

State specific manifest requirements for 

generators: Sections 761.207(c), (d), (e), 

and (f) are requirements for State 

specific manifests, which are no longer 

applicable to either the PCB or RCRA 

manifest requirements, because, under 

the revised RCRA manifest regulations 

promulgated on March 4, 2005 (70 FR 

10815), all of the States must use the 

same uniform manifest for both PCB 

waste and RCRA hazardous waste (EPA 

form 8700–22). Sections 761.207(c), (d), 

(e), and (f) are obsolete and will be 

deleted from the CFR. 

40 CFR 761.207(g) and (h)—general 

manifest requirements for generators 

and transporters: The intent of the 

language in §§ 761.207(g) and (h) 

matches that of §§ 262.20(b) and (d), 

respectively. To harmonize the 

regulatory sections, the § 761.207(b) and 


TKELLEY on DSK3SPTVN1PROD with RULES
54822 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

(d), codified through this rule, will 

contain the language from §§ 262.20(b) 

and (d), and §§ 761.207(g) and (h) will 

be removed from the CFR. 

40 CFR 262.20(c)—designating an 

alternate facility: Section 262.20(c) 

contains the details for designating an 

alternate facility on the manifest. This 

information is relevant to completing a 

manifest for PCB waste; however, this 

information does not currently exist 

under part 761. Section 761.207(c), 

codified through this rule, will contain 

the language from § 262.20(c). 

40 CFR 262.20(e)—requirements for 

hazardous waste generators of between 

100kg and 1000kg in a calendar month: 

Part 761 does not contain a similar 

provision to § 262.20(e). Section 

262.20(e) contains exceptions for 

generators of hazardous waste between 

100kg and 1000kg in a calendar month, 

which is unique to the RCRA hazardous 

waste regulations. There is no such 

exception or distinction of PCB 

generators based on quantity in the PCB 

regulations. Language from § 262.20(e) 

will not be incorporated in § 761.207(e), 

codified through this rule. 

40 CFR 262.20(f)—exceptions for 

public or private right-of-way: Part 761 

does not contain a provision similar to 

§ 262.20(f). Section 262.20(f) contains 

manifesting exceptions when 

transporting hazardous wastes on a 

public or private right-of-way within or 

along the border of contiguous property 

(codified under 62 FR 6651, Feb. 12, 

1997). EPA believes this manifesting 

exception is relevant to PCB waste. The 

citations in § 262.20(f) to § 263.30 and 

§ 263.31 show that a cleanup on a 

private or public right-of-way is 

necessary despite the manifesting 

exemption. The cleanup and disposal of 

a PCB waste resulting from a spill is 

covered under part 761 Subparts D and 

G. The regulation here merely exempts 

the manifesting requirements, which are 

separate from Subparts D and G, thus 

the language regarding a discharge of 

the waste is redundant and not included 

in the updated § 761.207(f). Section 

262.20(f) cites the marking regulations 

in § 262.32(b) which are substantially 

different than the PCB marking 

regulations, so that portion of § 262.20(f) 

will also not be included in the updated 

PCB regulations. 

40 CFR 761.207(i)—number of copies: 

The intent of the language in 

§ 761.207(i) matches that of § 262.22. 

Both sections describe the required 

number of copies of the manifest, but 

§ 262.22 contains more streamlined 

language. Section 262.22 does not 

specify that the copy be returned to the 

generator ‘by the owner or operator of 

the first designated commercial storage 

or disposal facility’; however, this 

language is included in this rulemaking 

under new § 761.213(a)(2)(iv), codified 

through this rule. The updated 

§ 761.209, also codified through this 

rule, will contain language from 

§ 262.22, and § 761.207(i) will be 

removed from the CFR. 

40 CFR 761.207(j)—general manifest 

requirements for PCB waste: Section 

761.207(j) contains unique requirements 

for completing a manifest for PCB waste, 

such as what type of PCB waste requires 

a manifest. This section will be retained 

in the updated regulations and will be 

re-numbered as § 761.207(e). 

C. Revisions to the PCB Regulations 

Under 40 CFR 761.208 (Use of the 

Manifest) 

EPA is using the following table 

(Table 3) to compare the PCB 

regulations under § 761.208 to the 

equivalent or relevant sections in the 

RCRA regulations in 40 CFR parts 262, 

263, and 264, which are §§ 262.23, 

263.20, 263.21, and 264.71. 

TABLE 3 

CFR Part 761 Section CFR Parts 262–264 Section Description Match (Y/N) New 761 CFR 

761.208 Use of the manifest. 262.23 Use of the manifest..

761.208(a)(1) ......................... 262.23(a) .............................. Generator requirements ....... Y 761.210(a). 

761.208(a)(1)(i) ...................... 262.23(a)(1) .......................... Generator requirements ....... Y 761.210(a)(1). 

761.208(a)(1)(ii) ..................... 262.23(a)(2) .......................... Generator requirements ....... Y 761.210(a)(2). 

761.208(a)(1)(iii) .................... 262.23(a)(3) .......................... Generator requirements ....... Y 761.210(a)(3). 

761.208(a)(1)(iv) .................... 262.23(b) .............................. Generator requirements ....... Y 761.210(b). 

761.208(a)(2) ......................... 262.23(c) ............................... Generator requirements ....... Y 761.210(c). 

761.208(a)(3) ......................... 262.23(d) .............................. Generator requirements ....... Y 761.210(d). 

761.208(a)(3)(i) ...................... 262.23(d)(1) .......................... Generator requirements ....... Y 761.210(d)(1). 

761.208(a)(3)(ii) ..................... 262.23(d)(2) .......................... Generator requirements ....... Y 761.210(d)(2). 

262.23(d)(3) .......................... Generator requirements ....... N see description below. 

262.23(e) .............................. Generator requirements ....... N see description below. 

262.23(f) ............................... Generator requirements ....... N 761.210(e). 

761.208(a)(4) ......................... ............................................... Generator requirements ....... N see description below. 

263.20 The manifest system..

761.208(b)(1) ......................... 263.20(a)(1) .......................... ............................................... Y 761.211(a)(1). 

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

PCB waste is below 50 

ppm.

N 761.211(a)(1)(i). 

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

transporter is taken to a 

designated facility that is 

owned by the generator.

N 761.211(a)(1)(ii). 

263.20(a)(2) .......................... Transporter requirements ..... N see description below. 

263.20(a)(3) .......................... Transporter requirements ..... N see description below. 

761.208(b)(2) ......................... 263.20(b) .............................. Transporter requirements ..... Y 761.211(b). 

761.208(b)(3) ......................... 263.20(c) ............................... Transporter requirements ..... N 761.211(c). 

761.208(b)(4) ......................... 263.20(d) .............................. Transporter requirements ..... Y 761.211(d). 

761.208(b)(4)(i) ...................... 263.20(d)(1) .......................... Transporter requirements ..... Y 761.211(d)(1). 

761.208(b)(4)(ii) ..................... 263.20(d)(2) .......................... Transporter requirements ..... Y 761.211(d)(2). 

761.208(b)(4)(iii) .................... 263.20(d)(3) .......................... Transporter requirements ..... Y 761.211(d)(3). 

761.208(b)(5) ......................... 263.20(e) .............................. Transporter requirements ..... Y 761.211(e). 

761.208(b)(5)(i) ...................... 263.20(e)(1) .......................... Transporter requirements ..... Y 761.211(e)(1). 

761.208(b)(5)(ii) ..................... 263.20(e)(2) .......................... Transporter requirements ..... N 761.211(e)(2). 

761.208(b)(5)(iii) .................... 263.20(e)(3) .......................... Transporter requirements ..... Y 761.211(e)(3). 


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TABLE 3—Continued 

CFR Part 761 Section CFR Parts 262–264 Section Description Match (Y/N) New 761 CFR 

761.208(b)(5)(iv) .................... 263.20(e)(4) .......................... Transporter requirements ..... Y 761.211(e)(4). 

761.208(b)(5)(v) ..................... 263.20(e)(5) .......................... Transporter requirements ..... Y 761.211(e)(5). 

761.208(b)(6) ......................... 263.20(f) ............................... Transporter requirements ..... Y 761.211(f). 

263.20(g) .............................. Transporter requirements ..... N see description below. 

263.20(h) .............................. Transporter requirements ..... N see description below. 

263.21 Compliance with the 

manifest. 

761.208(b)(7) ......................... 263.21(a) .............................. Transporter requirements ..... Y 761.212(a). 

761.208(b)(7)(i) ...................... 263.21(a)(1) .......................... Transporter requirements ..... Y 761.212(a)(1). 

263.21(a)(2) .......................... Transporter requirements ..... N 761.212(a)(2). 

761.208(b)(7)(ii) ..................... 263.21(a)(3) .......................... Transporter requirements ..... Y 761.212(a)(3). 

263.21(a)(4) .......................... Transporter requirements ..... N see description below. 

761.208(b)(8) ......................... 263.21(b)(1) .......................... Transporter requirements ..... Y 761.212(b)(1). 

263.21(b)(2) .......................... Transporter requirements ..... N 761.212(b)(2). 

263.21(b)(2)(i) ....................... Transporter requirements ..... N 761.212(b)(2)(i). 

263.21(b)(2)(ii) ...................... Transporter requirements ..... N 761.212(b)(2)(ii). 

761.208(b)(9) ......................... ............................................... DOT 49 CFR part 171 .......... N 761.212(b)(2)(iii). 

264.70 Applicability. 

264.70(a) .............................. Designated facility requirements.N see description below. 

264.70(b) .............................. ............................................... N see description below. 

264.71 Use of manifest system..

264.71(a)(1) .......................... Designated facility requirements.N 761.213(a)(1). 

761.208(c)(1) ......................... 264.71(a)(2) .......................... Designated facility requirements.Y 761.213(a)(2). 

761.208(c)(1)(i) ...................... 264.71(a)(2)(i) ....................... Designated facility requirements.Y 761.213(a)(2)(i). 

761.208(c)(1)(ii) ..................... 264.71(a)(2)(ii) ...................... Designated facility requirements.Y 761.213(a)(2)(ii). 

761.208(c)(1)(iii) ..................... 264.71(a)(2)(iii) ..................... Designated facility requirements.Y 761.213(a)(2)(iii). 

761.208(c)(1)(iv) .................... 264.71(a)(2)(iv) ..................... Designated facility requirements.Y 761.213(a)(2)(iv). 

761.208(c)(1)(v) ..................... 264.71(a)(2)(v) ...................... Designated facility requirements.Y 761.213(a)(2)(v). 

264.71(a)(3) .......................... Designated facility requirements.N see description below. 

761.208(c)(2) ......................... 264.71(b) .............................. Designated facility requirements.Y 761.213(b). 

761.208(c)(2)(i) ...................... 264.71(b)(1) .......................... Designated facility requirements.Y 761.213(b)(1). 

761.208(c)(2)(ii) ..................... 264.71(b)(2) .......................... Designated facility requirements.Y 761.213(b)(2). 

761.208(c)(2)(iii) ..................... 264.71(b)(3) .......................... Designated facility requirements.Y 761.213(b)(3). 

761.208(c)(2)(iv) .................... 264.71(b)(4) .......................... Designated facility requirements.Y 761.213(b)(4). 

761.208(c)(2)(v) ..................... 264.71(b)(5) .......................... Designated facility requirements.Y 761.213(b)(5). 

761.208(c)(3) ......................... 264.71(c) ............................... Designated facility requirements.N 761.213(c). 

264.71(d) .............................. Designated facility requirements.N see description below. 

264.71(e) .............................. Designated facility requirements.N see description below. 

Listed below are the explanations for 

each change made to § 761.208 in the 

table above. 

40 CFR 761.208(a)(1), (a)(2), and 

(a)(3)—generator requirements for 

completing a manifest: The intent of the 

language in §§ 761.208(a)(1), (a)(1)(i), 

(a)(1)(ii), (a)(1)(iii), (a)(1)(iv), (a)(2), 

(a)(3), (a)(3)(i), and (a)(3)(ii) matches 

that of §§ 262.23(a), (a)(1), (a)(2), (a)(3), 

(b), (c), (d), (d)(1), and (d)(2), 

respectively. All sections describe a 

portion of the generator requirements 

for completing a manifest. A portion of 

§ 262.23(c) contains the requirements 

for exporting bulk shipments of waste 

by water. This information could be 

relevant to completing a manifest for 

PCB waste; however, because PCB waste 

has unique import and export 

restrictions found in part 761 subpart F, 

specific manifest requirements for 

imports and exports of PCBs for 

disposal will not be addressed in this 

rulemaking. Sections 761.208(a)(1), 

(a)(1)(i), (a)(1)(ii), (a)(1)(iii), (a)(1)(iv), 

(a)(2), (a)(3), (a)(3)(i), and (a)(3)(ii) will 

be re-written to include language from 

§§ 262.23(a), (a)(1), (a)(2), (a)(3), (b), (c), 

(d), (d)(1), and (d)(2), and § 761.208(a) 


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and will be renumbered under 

§ 761.210. 

40 CFR 262.23(d)(3)—exporting waste 

by rail: Part 761 does not contain a 

similar provision to § 262.23(d)(3). 

Section 262.23(d)(3) contains the 

requirements for exporting waste by rail. 

This information could be relevant to 

completing a manifest for PCB waste; 

however, for the reasons described in 

the paragraph above, specific manifest 

requirements for imports and exports of 

PCBs for disposal will not be addressed 

in this rulemaking. 

40 CFR 262.23(e)—States not yet 

authorized to regulate a specific 

hazardous waste: Part 761 does not 

contain a similar provision to 

§ 262.23(e). Section 262.23(e) contains 

regulations regarding shipments of 

hazardous waste to States which have 

not yet obtained authorization to 

regulate that particular waste. Due to 

PCBs being regulated under TSCA at the 

Federal level, § 262.23(e) is not relevant 

to manifesting PCBs. Section 262.23(e) 

will not be referenced in the PCB 

regulations. 

40 CFR 262.23(f)—rejected shipments: 

Part 761 does not contain a provision 

similar to § 262.23(f), even though the 

substance of § 262.23(f) is relevant to 

rejected loads of PCB waste with the 

exception of the reference to § 265.72(f). 

Section 262.23(f) describes generator 

requirements for rejected shipments of 

hazardous waste that are returned to the 

generator by the designated facility 

(following the procedures of §§ 264.72(f) 

or 265.72(f)). Section 761.210(e), 

codified through this rule, includes 

language from § 262.23(f) and all the 

sections under § 262.23(f), except for 

language on residues. The empty 

container residue language from RCRA 

is not relevant to PCB waste, because 

there is no equivalent section under the 

PCB regulations for § 261.7 Residues of 

hazardous waste in empty containers 

(i.e. PCB residues are regulated 

differently than residues of RCRA 

hazardous waste). PCB residues will not 

be addressed in this action. 

40 CFR 761.208(a)(4)—exception 

reporting: The language in 

§ 761.208(a)(4) closely matches that of 

§§ 262.42(a)(1) and (a)(2). All three 

sections describe a portion of the 

exception reporting requirements for a 

manifest. Sections 262.42(a)(1) and 

(a)(2) are specifically for generators of 

greater than 1000 kg of hazardous waste 

in a calendar month. There is no such 

quantity distinction for PCB generators 

in part 761. Also, § 761.208(a)(4) 

contains a requirement for the generator 

to retain a written record of all 

telephone or other confirmations to be 

included in the annual document log, in 

accordance with § 761.180, specifically 

§ 761.180(a)(2)(viii). EPA believes this 

requirement is no longer necessary to 

effectively monitor compliance for 

exception reporting. The language from 

§ 761.208(a)(4) will not be retained in 

the updated PCB regulations. Section 

761.208(a)(4) will be removed from the 

CFR. Section 761.180(a)(2)(viii) will be 

removed from the CFR as well. 

40 CFR 761.208(b)(1)—generator 

manifest requirements for transporters: 

The language in § 761.208(b)(1) closely 

matches that of § 263.20(a)(1). However, 

the exceptions listed in 

§§ 761.208(b)(1)(i) and (ii) are PCBspecific manifest requirements, so 

§§ 761.208(b)(1), (b)(1)(i) and (b)(1)(ii) 

will be retained and renumbered as 

§§ 761.211(a), (a)(1)(i), and (a)(1)(ii). 

40 CFR 263.20(a)(2)—EPA 

Acknowledgement of Consent is 

required for exports: Part 761 does not 

contain a provision similar to 

§ 263.20(a)(2). Section 263.20(a)(2) 

contains requirements for both exports 

of wastes that are subject to Subpart H 

of 40 CFR part 262 and exports of 

wastes that are not. Even though some 

of the content found under 

§ 263.20(a)(2) may be relevant to exports 

of PCB waste, specific requirements for 

imports and exports of PCBs for 

disposal will not be addressed in this 

rule, because PCB waste has unique 

import and export restrictions found in 

part 761 subpart F. 

40 CFR 263.20(a)(3)—compliance 

date: Part 761 does not contain a 

provision similar to § 263.20(a)(3). 

Section 263.20(a)(3) specifies the 

compliance date of Uniform Hazardous 

Waste Manifest form revisions being 

September 5, 2006. This compliance 

date was relevant to PCB manifests; 

however, there should not be any more 

of the out-dated forms being used. 

Accordingly, language from 

§ 263.20(a)(3) is not included in the PCB 

regulations. Section 263.20(a)(3) will be 

addressed in a separate RCRA 

rulemaking. 

40 CFR 761.208(b)(2), (b)(4), and 

(b)(5)—transporter requirements for 

completing a manifest: The intent of the 

language in §§ 761.208(b)(2), (b)(4), 

(b)(4)(i), (b)(4)(ii), (b)(4)(iii), (b)(5), 

(b)(5)(i), (b)(5)(ii), (b)(5)(iii), (b)(5)(iv), 

and (b)(5)(v) matches that of 

§§ 263.20(b), (d), (d)(1), (d)(2), (d)(3), (e), 

(e)(1), (e)(2), (e)(3), (e)(4), and (e)(5). All 

sections detail a portion of the 

transporter requirements for completing 

a manifest. Sections 761.211(b), (d), 

(d)(1), (d)(2), (d)(3), (e), (e)(1), (e)(2), 

(e)(3), (e)(4), and (e)(5), codifed through 

this rule, will contain language from 

§§ 263.20(b), (d), (d)(1), (d)(2), (d)(3), (e), 

(e)(1), (e)(2), (e)(3), (e)(4), and (e)(5). 

Sections 761.208(b)(2), (b)(4), (b)(4)(i), 

(b)(4)(ii), (b)(4)(iii), (b)(5), (b)(5)(i), 

(b)(5)(ii), (b)(5)(iii), (b)(5)(iv), and 

(b)(5)(v) will be removed from the CFR. 

40 CFR 263.20(c)—accompanying 

EPA Acknowledgment of Consent: 

Section 761.208(b)(3) is similar to 

§ 263.20(c). However, § 263.20(c) 

includes a requirement for an export of 

waste to have an accompanying EPA 

Acknowledgment of Consent. Manifest 

requirements for imports and exports of 

PCBs for disposal will not be addressed 

in this rulemaking, as PCB waste has 

unique import and export restrictions 

found in part 761 subpart F. Therefore, 

the language from § 263.20(c) will not be 

included in the PCB regulations. 

Instead, the language from 

§ 761.208(b)(3) will be retained and 

renumbered as § 761.211(c), and 

§ 761.208(b)(3) will be removed from the 

CFR. 

40 CFR 263.20(e)(2)—accompanying 

EPA Acknowledgment of Consent: 

Section 761.208(b)(5)(ii) is similar to 

§ 263.20(e)(2). However, § 263.20(e)(2) 

includes a requirement for an export of 

waste to have an accompanying EPA 

Acknowledgment of Consent. Since 

manifest requirements for imports and 

exports of PCBs for disposal will not be 

addressed in this rulemaking for the 

reasons described above, the language 

from § 263.20(e)(2) will not be included 

in § 761.211(e)(2). Instead, the language 

from § 761.208(b)(5)(ii) will be retained 

and renumbered as § 761.211(e)(2), and 

§ 761.208(b)(5)(ii) will be removed from 

the CFR. 

40 CFR 761.208(b)(6)—shipments 

involving rail transportation: The intent 

of the language in § 761.208(b)(6) 

matches that of § 263.20(f). In fact, 

§ 761.208(b)(6) already references 

§ 263.20(f). Section 761.211(f) and 

sections under § 761.211(f), codified 

through this rule, will contain language 

from § 263.20(f) and all the sections 

under § 263.20(f). However, 

§ 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 the portion of 

§ 263.20(f)(2) referencing the RCRA 

Acknowledgement of Consent will not 

be included in the regulations. Section 

761.208(b)(6) will be removed from the 

CFR. 

40 CFR 263.20(g)—transporting waste 

out of the United States: Part 761 does 

not contain a provision similar to 

§ 263.20(g), even though the content of 

§ 263.20(g) could be relevant to 

completing a manifest for PCB waste. 

Section 263.20(g) contains requirements 

for transporting waste out of the United 

States. Specific manifest requirements 

for imports and exports of PCBs for 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54825 

disposal will not be addressed in this 

rulemaking because PCB waste has 

unique import and export restrictions 

found in part 761 subpart F. 

40 CFR 263.20(h)—transporter 

requirements when transporting waste 

from a generator of between 100kg and 

1000kg of hazardous waste in a 

calendar month: Part 761 does not 

contain a provision similar to 

§ 263.20(h). Section 263.20(h) contains 

exceptions for generators of hazardous 

waste between 100kg and 1000kg in a 

calendar month. There is no such 

exception or distinction of PCB 

generators based on quantity in part 

761. Therefore, language from 

§ 263.20(h) will not be included in the 

PCB regulations. 

40 CFR 761.208(b)(7)—transporter 

delivering to designated facility or next 

transporter: The intent of the language 

in §§ 761.208(b)(7), (b)(7)(i), and 

(b)(7)(ii) matches that of §§ 263.21(a), 

(a)(1), and (a)(3). All sections contain a 

portion of the transporter requirements 

for completing a manifest. Sections 

761.212(a), (a)(1), and (a)(3), codified 

through this rule, will contain language 

from §§ 263.21(a), (a)(1), and (a)(3) to 

maintain consistency with the RCRA 

regulations. Section 761.208(b)(7) will 

be removed from the CFR. 

40 CFR 263.21(a)(2)—alternate 

designated facility: Section 263.21(a)(2) 

contains the requirement for delivering 

waste to an alternate facility if the waste 

cannot be delivered to the designated 

facility. Even though the substance of 

§ 263.21(a)(2) is relevant to delivery of 

PCB waste, part 761 does not currently 

have a provision similar to 

§ 263.21(a)(2). Section 761.212(a)(2), 

codified through this rule, will contain 

language from § 263.21(a)(2). 

40 CFR 263.21(a)(4)—delivering waste 

to a place outside the United States: 

Part 761 does not contain a provision 

similar to § 263.21(a)(4). Section 

263.21(a)(4) contains the requirement 

for delivering waste to a place outside 

the United States. Even though the 

content of § 263.21(a)(4) could be 

relevant to completing a manifest for 

PCB waste, specific manifest 

requirements for imports and exports of 

PCBs for disposal will not be addressed 

in this rulemaking for the reasons 

previously described. 

40 CFR 761.208(b)(8)—what to do 

when waste cannot be delivered: The 

intent of the language in § 761.208(b)(8) 

matches that of § 263.21(b)(1). Both 

sections contain the transporter 

requirements when waste cannot be 

delivered. Section 761.212(b)(1), 

codified through this rule, will contain 

language from § 263.21(b)(1) to maintain 

consistency with the RCRA regulations. 

Section 761.208(b)(8) will be removed 

from the CFR. 

40 CFR 263.21(b)(2)—partial and full 

load rejections: Section 263.21(b)(2) 

contains the requirement for partial load 

and full load rejections of waste. Even 

though the substance of § 263.21(b)(2) is 

relevant to rejected loads of PCB waste, 

part 761 does not currently have a 

provision similar to § 263.21(b)(2). 

Sections 761.212(b)(2), (b)(2)(i), and 

(b)(2)(ii), codified through this rule, will 

contain language from §§ 263.21(b)(2), 

(b)(2)(i), and (b)(2)(ii). 

40 CFR 264.70(a)—applicability of 

manifest regulations to RCRA regulated 

entities: Part 761 does not contain a 

provision similar to § 264.70(a). Section 

264.70(a) is specific to the RCRA 

regulations, and thus will not be 

included in the regulatory changes. 

40 CFR 264.70(b)—compliance date: 

Part 761 does not contain a provision 

similar to § 264.70(b). Section 264.70(b) 

specifies the compliance date of 

manifest form revisions being 

September 5, 2006. This compliance 

date was relevant to PCB manifests; 

however, there should not be any more 

of the out-dated forms being used. 

Accordingly language from § 264.70(b) 

is not included in the PCB regulations. 

Section 264.70(b) will be addressed in a 

separate RCRA rulemaking. 

40 CFR 761.208(b)(9)—DOT 

regulations: Section 761.208(b)(9) 

emphasizes the significance of 

transporter regulations issued by the 

Department of Transportation (DOT) 

and set forth at 49 CFR part 171. Even 

though the same requirement is in place 

for transporters of RCRA hazardous 

waste, there is not an appropriate 

section under 40 CFR parts 262, 263, 

and 264 to reference. Accordingly, 

§ 761.208(b)(9) will be retained, but 

renumbered to § 761.212(b)(2)(iii). 

40 CFR 264.71(a)(1)—receiving 

facility requirements for completing a 

manifest: Section 264.71(a)(1) contains 

requirements for the receiving facility 

signing the manifest. Even though the 

substance of § 264.71(a)(1) is relevant to 

receiving PCB waste, part 761 does not 

currently have a provision similar to 

§ 264.71(a)(1). Section 761.213(a)(1), 

codified through this rule, will contain 

language from § 264.71(a)(1). 

40 CFR 761.208(c)(1)—receiving 

facility requirements for completing a 

manifest: The intent of the language in 

section § 761.208(c)(1) and its various 

subsections matches that of 

§ 264.71(a)(2) and its various 

subsections. All sections contain the 

facility requirements when waste is 

delivered. However, § 761.208(c)(1) 

specifies the requirement for an off-site 

shipment, which is unique to the PCB 

regulations, and § 264.71(a)(2) does not 

include a similar provision. Section 

761.208(c)(1) will be retained and 

renumbered to § 761.213(a)(2). The 

subsections under new § 761.213(a)(2) 

will contain language from the 

subsections under § 264.71(a)(2). 

Subsections under § 761.208(c)(1) will 

be removed from the CFR. 

40 CFR 264.71(a)(3)—receiving waste 

from outside the United States: Part 761 

does not have a provision similar to 

§ 264.71(a)(3). Section 264.71(a)(3) 

contains the requirement for receiving 

waste from outside the United States. 

Even though the content of 

§ 264.71(a)(3) could be relevant to PCB 

waste, specific manifest requirements 

for imports and exports of PCBs for 

disposal will not be addressed in this 

rulemaking for the reasons previously 

described. 

40 CFR 761.208(c)(2)—receiving 

facility requirements when waste is 

shipped by rail or water: The intent of 

the language in § 761.208(c)(2) and its 

various subsections matches that of 

§ 264.71(b) and its various subsections. 

All sections contain the facility 

requirements when waste is delivered 

via rail or water. Section 761.213(b) and 

its various subsections, codified through 

this rule, will contain language from 

§ 264.71(b). Section 761.208(c)(2) will 

be removed from the CFR. 

40 CFR 761.208(c)(3)—waste initiated 

from a disposal facility: The intent of 

the language in § 761.208(c)(3) matches 

that of § 264.71(c). However, 

§ 761.208(c)(3) specifies the requirement 

for an off-site shipment, which is 

unique to the PCB regulations, and 

§ 264.71(c) does not include a similar 

provision. Section 761.208(c)(3) will be 

retained and renumbered to 761.213(c). 

40 CFR 264.71(d)—tracking document 

for wastes under 40 CFR 262 Subpart H: 

Part 761 does not contain a provision 

similar to § 264.71(d). Section 264.71(d) 

contains instructions for shipments 

subject to 40 CFR 262 Subpart H, which 

deals with transboundary shipments of 

hazardous waste for recovery within the 

Organization for Economic Co-operation 

and Development (OECD). Regardless of 

whether the content of § 264.71(d) could 

be relevant for PCB waste, specific 

requirements for imports and exports of 

PCBs for disposal will not be addressed 

in this rulemaking, because PCB waste 

has unique import and export 

restrictions found in part 761 subpart F. 

Language from § 264.71(d) will therefore 

not be included in the PCB regulations. 

40 CFR 264.71(e)—additional wastes 

regulated by the consignment state: Part 

761 does not contain a provision similar 

to § 264.71(e). Section 264.71(e) 

contains instructions for how to handle 


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54826 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

additional wastes regulated as 

hazardous wastes by the consignment 

state under its RCRA authorized state 

program. PCBs are regulated federally 

under TSCA authority, so § 264.71(e) 

does not apply. Language from 

§ 264.71(e) will therefore not be 

included in the PCB regulations. 

D. Revisions to the PCB Regulations 

under 40 CFR 761.209 (Retention of 

Manifest Records) 

EPA used the following table (Table 4) 

to compare the sections of the PCB 

regulations under 40 CFR 761.209 to the 

equivalent or relevant sections in the 

RCRA regulations in 40 CFR parts 262, 

263, and 264, which are §§ 262.40, 

263.22, and 264.71. 

TABLE 4 

CFR Part 761 Section CFR Parts 262–264 Section Description Match (Y/N) New 761 CFR 

761.209 Retention of manifest 

records.

263.22 Recordkeeping. 

761.209(a) .............................. 262.40(a) .............................. Retention requirements ........ N 761.214(a)(1). 

761.209(b)(1) ......................... 263.22(a) .............................. Retention requirements ........ Y 761.214(a)(2). 

761.209(b)(2) ......................... 263.22(b) .............................. Retention requirements ........ Y 761.214(b). 

761.209(b)(3) ......................... 263.22(c) ............................... Retention requirements ........ Y 761.214(c). 

761.209(b)(3)(i) ...................... 263.22(c)(1) .......................... Retention requirements ........ Y 761.214(c)(1). 

761.209(b)(3)(ii) ..................... 263.22(c)(2) .......................... Retention requirements ........ Y 761.214(c)(2). 

263.22(d) .............................. 3 year retention requirement N see description below. 

761.209(c) .............................. 264.71(a)(2)(v), 264.71(b)(v) 3 year retention requirement Y 761.213(a)(2)(v), 

761.213(b)(5). 

262.40(b) .............................. 3 year retention requirement N 761.214(d). 

761.209(d) .............................. 263.22(e) .............................. Retention requirements ........ Y 761.214(e). 

Listed below are the explanations of 

each change made to § 761.209 in the 

table above. 

40 CFR 761.209(a)—retention 

requirements for generators: The 

language in § 761.209(a) closely matches 

that of § 262.40(a). Both sections contain 

manifest retention requirements for 

generators, but the language in 

§ 262.40(a) is more streamlined. 

However, Section 761.209(a) references 

retention requirements in 761.180(a), 

which states that annual records, 

including manifests, must be 

maintained for three years after the 

facility ceases using or storing PCBs and 

PCB Items. Section 761.214(a)(1), 

codified through this rule, will contain 

language from § 262.40(a), as well as a 

reference to Section 761.180. Section 

761.209(a) will be removed from the 

CFR. 

40 CFR 761.209(b)(1), (b)(2), and 

(b)(3)—retention requirements for 

transporters: The intent of the language 

in §§ 761.209(b)(1), (b)(2), (b)(3), 

(b)(3)(i), and (b)(3)(ii) matches that of 

§§ 263.22(a), (b), (c), (c)(1), and (c)(2). 

All sections contain manifest retention 

requirements for transporters. Sections 

761.214(a)(2), (b), (c), (c)(1), and (c)(2), 

codified through this rule, will contain 

the language from §§ 263.22(a), (b), (c), 

(c)(1), and (c)(2) to maintain consistency 

with the RCRA regulations. Sections 

761.209(b)(1), (b)(2), (b)(3), (b)(3)(i), and 

(b)(3)(ii) will be removed from the CFR. 

40 CFR 263.22(d)—retention 

requirements for transporters who 

transport out of the United States: Part 

761 does not have a provision similar to 

§ 263.22(d). Section 263.22(d) contains 

retention requirements for transporters 

who transport waste out of the United 

States. Even though the content of 

§ 263.22(d) could be relevant to 

completing a manifest for PCB waste, 

specific manifest requirements for 

imports and exports of PCBs for 

disposal will not be addressed in this 

rulemaking for the reasons previously 

described. 

40 CFR 761.209(c)—retention 

requirements for receiving facilities: The 

intent of the language in § 761.209(c) 

matches that of §§ 264.71(a)(2)(v) and 

264.71(b)(5). All sections contain 

manifest retention requirements for 

facilities. As explained with respect to 

sections 761.208(c)(1)(v) and (c)(2)(v), 

new §§ 761.213(a)(2)(v) and (b)(5) will 

contain language from §§ 264.71(a)(2)(v) 

and 264.71(b)(5) to maintain 

consistency with the RCRA regulations. 

Section 761.209(c) will be removed from 

the CFR. 

40 CFR 262.40(b)—exception report 

retention requirement for generators: 

Part 761 does not have a provision 

similar to § 262.40(b). Section 262.40(b) 

contains the 3-year exception report 

retention requirement for generators. 

The content of § 262.40(b) pertaining to 

the exception report is relevant to PCB 

exception reports. Thus, § 761.214(d), 

codified through this rule, will contain 

language from § 262.40(b). 

40 CFR 761.209(d)—retention period 

for enforcement actions: The intent of 

the language in § 761.209(d) matches 

that of § 263.22(e). Both sections refer to 

extending the retention period for 

enforcement actions. Section 761.214(e), 

codified through this rule, will contain 

language from § 263.22(e) to maintain 

consistency with the RCRA regulations. 

Section 761.209(d) will be removed 

from the CFR. 

E. Revisions to the PCB Regulations 

Under 40 CFR 761.210 (Manifest 

Discrepancies) 

EPA used the following table (Table 5) 

to compare the PCB regulations under 

§ 761.210 to the equivalent or relevant 

section in the RCRA regulations in 40 

CFR part 264, which is § 264.72. 

TABLE 5 

CFR Part 761 Section CFR Part 264 Section Description Match (Y/N) New 761 CFR 

761.210 Manifest discrepancies.264.72 Manifest discrepancies. 

761.210(a) .............................. 264.72(a) .............................. Manifest discrepancies ......... Y 761.215(a). 

761.210(a)(1) ......................... 264.72(a)(1) .......................... Manifest discrepancies ......... Y 761.215(a)(1). 

264.72(a)(2) .......................... Manifest discrepancies ......... N 761.215(a)(2). 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54827 

TABLE 5—Continued 

CFR Part 761 Section CFR Part 264 Section Description Match (Y/N) New 761 CFR 

264.72(a)(3) .......................... Manifest discrepancies ......... N see description below. 

761.210(a)(1)(i) ...................... 264.72(b) .............................. Manifest discrepancies ......... Y 761.215(a) and 

761.215(a)(1). 

761.210(a)(1)(ii) ..................... 264.72(b) .............................. Manifest discrepancies ......... Y 761.215(a) and 

761.215(a)(1). 

761.210(a)(2) ......................... 264.72(b) .............................. Manifest discrepancies ......... Y 761.215(b). 

761.210(b) .............................. 264.72(c) ............................... Manifest discrepancies ......... Y 761.215(c). 

264.72(d)(1) .......................... Manifest discrepancies ......... N 761.215(d)(1). 

264.72(d)(2) .......................... Manifest discrepancies ......... N 761.215(d)(2). 

264.72(e) .............................. Manifest discrepancies ......... N 761.215(e). 

264.72(f) ............................... Manifest discrepancies ......... N 761.215(f). 

264.72(g) .............................. Manifest discrepancies ......... N 761.215(g). 

Listed below are the explanations of 

each change made to § 761.210 in the 

table above. 

40 CFR 761.210(a), (a)(1), and (a)(2)— 

definition of manifest discrepancies and 

significant discrepancies: The intent of 

the language in §§ 761.210(a), (a)(1), 

(a)(1)(i), (a)(1)(ii), and (a)(2) matches 

§§ 264.72(a), (a)(1), and (b). Also, 

section 761.210(a)(2) matches the 

second sentence in § 264.72(b). All 

sections contain the definition of 

significant discrepancies. Sections 

761.215(a), (a)(1), and (b), codified 

through this rule, will contain language 

from §§ 264.72(a), (a)(1), and (b) to 

maintain consistency with the RCRA 

regulations, as well as language from 

§§ 761.210(a)(1)(i), (a)(1)(ii), and (a)(2) 

for the specific PCB examples used to 

illustrate significant discrepancies. 

Sections 761.210(a), (a)(1), (a)(1)(i), 

(a)(1)(ii), and (a)(2) will be removed 

from the CFR. 

40 CFR 264.72(a)(2), (d)(1), (d)(2), (e), 

(f), and (g)—manifest discrepancies for 

rejected loads: Sections 264.72(a)(2), 

(d)(1), (d)(2), (e), (f), and (g) contain 

information on manifest discrepancies 

for rejected loads. Even though the 

substance of §§ 264.72(a)(2), (d)(1), 

(d)(2), (e), (f), and (g) is relevant to PCB 

waste, part 761 does not currently have 

provisions similar to §§ 264.72(a)(2), 

(d)(1), (d)(2), (e), (f), and (g). Sections 

761.215(a)(2), (d)(1), (d)(2), (e), (f), and 

(g), codified through this rule, will 

contain language from §§ 264.72(a)(2), 

(d)(1), (d)(2), (e), (f), and (g). However, 

the residue language from §§ 264.72 

(d)(1), (d)(2), (e), (f), and (g) is not 

relevant to PCB waste as container 

residues do not have quantity limits for 

PCB wastes and will not be addressed 

in this action. 

40 CFR 264.72(a)(3)—manifest 

discrepancies for residues: Part 761 does 

not contain a provision similar to 

§ 264.72(a)(3). Section 264.72(a)(3) is 

not relevant to PCBs. Container residues 

do not have quantity limits for PCB 

waste. Thus, this will not be addressed 

in this action. 

40 CFR 761.210(b)—resolving 

manifest discrepancies: The intent of 

the language in § 761.210(b) matches 

that of § 264.72(c). Both sections refer to 

resolving manifest discrepancies. 

Section 761.215(c), codified through 

this rule, will contain language from 

§ 264.72(c) to maintain consistency with 

the RCRA regulations. Section 

761.210(b) will be removed from the 

CFR. 

F. Revisions to the PCB Regulations 

Under 40 CFR 761.211 (Unmanifested 

Waste Report) 

EPA used the following table (Table 6) 

to compare the PCB regulations under 

§ 761.211 to the equivalent or relevant 

section in the RCRA regulations in 40 

CFR part 264, which is § 264.76. 

TABLE 6 

CFR Part 761 Section CFR Part 264 Section Description Match (Y/N) New 761 CFR 

761.211 Unmanifested waste 

report.

264.76 Unmanifested waste 

report. 

761.211(a) .............................. 264.76(a) .............................. Unmanifested Waste Report N 761.216(a). 

761.211(b) .............................. 264.76(a) .............................. Unmanifested Waste Report N 761.216(a). 

761.211(c) .............................. 264.76(a) .............................. Unmanifested Waste Report N 761.216(a). 

761.211(c)(1) ......................... 264.76(a)(1) .......................... Unmanifested Waste Report Y 761.216(a)(1). 

761.211(c)(2) ......................... 264.76(a)(2) .......................... Unmanifested Waste Report Y 761.216(a)(2). 

761.211(c)(3) ......................... 264.76(a)(3) .......................... Unmanifested Waste Report Y 761.216(a)(3). 

761.211(c)(4) ......................... 264.76(a)(4) .......................... Unmanifested Waste Report Y 761.216(a)(4). 

264.76(a)(5) .......................... Unmanifested Waste Report Y 761.216(a)(5). 

264.76(a)(6) .......................... Unmanifested Waste Report N 761.216(a)(6). 

761.211(c)(5) ......................... 264.76(a)(7) .......................... Unmanifested Waste Report Y 761.216(a)(7). 

761.211(c)(6) ......................... ............................................... Unmanifested Waste Report N 761.216(a)(8).

761.211(c)(6)(i) ...................... ............................................... Unmanifested Waste Report N 761.216(a)(8)(i). 

761.211(c)(6)(ii) ..................... ............................................... Unmanifested Waste Report N 761.216(a)(8)(ii). 

Listed below are the explanations of 

each change made to § 761.211 in the 

table above. 

40 CFR 761.211(a)—facilities 

receiving unmanifested waste: The 

portion of § 761.211(a) that is similar to 

part of § 264.76(a) is that regarding the 

general instructions on how a facility 

handles unmanifested waste. These 

general instructions are still relevant to 

the PCB manifest regulations and will 

be retained in section 761.216(a), 

codified through this rule. The 

remaining portion of § 761.211(a) that is 

not covered in § 264.76(a) is the portion 

instructing the commercial storage or 

disposal facility to contact the generator 

to obtain a manifest or return the waste. 


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54828 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

Even though EPA believes this is an 

industry practice that does not need to 

be explicitly stated, this language was 

retained to help clarify that the 

commercial storage or disposal facility 

should attempt to obtain a manifest 

from the generator before seeking 

instruction from the EPA Regional 

Administrator of the EPA region in 

which his facility is located. The 

remaining language from § 761.211(a) 

will be retained in § 761.216(a). Section 

761.211(a) will be removed from the 

CFR. Please note that § 761.211(a), (b), 

and (c) are all being revised and 

renumbered to § 761.216(a). 

40 CFR 761.211(b)—facilities 

receiving unmanifested waste: Section 

761.211(b) contains instructions for the 

disposal facility to contact the EPA 

Regional Administrator for guidance 

when the generator of an unmanifested 

shipment cannot be contacted. This step 

is unique to the PCB manifest 

regulations and, at this time, is still 

relevant to those regulations. Thus, 

language from § 761.211(b) is retained 

and included in § 761.216(a), which is 

codified through this rule. Section 

761.211(b) will be removed from the 

CFR. Please note that § 761.211(a), (b), 

and (c) are all being revised and 

renumbered to § 761.216(a). 

40 CFR 761.211(c)—unmanifested 

waste report: The procedure described 

in § 761.211(c) is similar to that of 

§ 264.76(a). Both sections contain 

instructions on when and how to 

complete an unmanifested waste report. 

However, § 761.211(c) contains language 

stating that the unmanifested waste 

report will be sent 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, where 

§ 264.76(a) only states that the 

unmanifested waste report be sent to the 

Regional Administrator. EPA believes it 

is sufficient to only send the 

unmanifested PCB waste report to the 

Regional Administrator for the Region 

in which the commercial storage or 

disposal facility is located. Also, the 

form for the unmanifested waste report, 

EPA Form 8700–13B, was removed from 

the regulations on January 28, 1983 (48 

FR 3977), so that will not be included 

in the regulations. The language from 

§ 264.76(a) is included in § 761.216(a), 

which is codified through this rule, and 

§ 761.211(c) will be removed from the 

CFR. Please note that § 761.211(a), (b), 

and (c) are all being revised and 

renumbered to § 761.216(a). 

Furthermore, § 264.76(a)(5) contains 

instructions on including the same 

generalized information on the 

unmanifested waste report in greater 

detail than § 761.211(c). Language from 

§ 264.76(a)(5) will therefore be included 

in § 761.216(a)(5), which will be 

codified through this rule. 

40 CFR 761.211(c)(1), (c)(2), (c)(3), 

(c)(4), and (c)(5)—details included on 

the unmanifested waste report: The 

intent of the language in 

§§ 761.211(c)(1), (c)(2), (c)(3), (c)(4), and 

(c)(5) matches that of §§ 264.76(a)(1), 

(a)(2), (a)(3), (a)(4), and (a)(7). All 

sections contain details of what 

information needs to be included with 

the unmanifested waste report. Sections 

761.216(a)(1), (a)(2), (a)(3), (a)(4), and 

(a)(7), codified through this rule, will 

contain language from §§ 264.76(a)(1), 

(a)(2), (a)(3), (a)(4), and (a)(7) to 

maintain consistency with the RCRA 

regulations. Sections 761.211(c)(1), 

(c)(2), (c)(3), (c)(4), and (c)(5) will be 

removed from the CFR. 

40 CFR 761.211(c)(6)—details 

included on the unmanifested waste 

report: Sections 761.211(c)(6), (c)(6)(i), 

and (c)(6)(ii) contain details of 

information needed to be included with 

the unmanifested PCB waste report. 

These details are unique to the 

unmanifested PCB waste report. Thus, 

§§ 761.211(c)(6), (c)(6)(i), and (c)(6)(ii) 

will be retained and renumbered as 

§§ 761.216(a)(8), (a)(8)(i), and (a)(8)(ii). 

40 CFR 264.76(a)(6)—certification of 

the unmanifested waste report: Part 761 

does not contain a provision similar to 

§ 264.76(a)(6). Section 264.76(a)(6) 

contains instructions on including a 

‘‘certification signed by the owner or 

operator of the facility or his authorized 

representative’’ with the unmanifested 

waste report. This certification is just 

the signature of the owner or operator of 

the facility on the unmanifested waste 

report. Even though part 761 does not 

explicitly state that a signature should 

be included, EPA believes that this was 

just an oversight in part 761 and the 

unmanifest PCB waste reports should be 

signed by the owner or operator of the 

facility. Section 761.216(a)(6), codified 

through this rule, will therefore contain 

language from § 264.76(a)(6). 

G. Revisions to the PCB Regulations 

Under 40 CFR 761.215 (Exception 

Reporting) 

EPA used the following table (Table 7) 

to compare the PCB regulations under 

§ 761.215 to the equivalent or relevant 

section in the RCRA regulations in 40 

CFR part 262, which is § 262.42. 

TABLE 7 

CFR Part 761 Section CFR Part 262 Section Description Match (Y/N) New 761 CFR 

761.215 Exception reporting .. 262.42 Exception reporting.

761.215(a) .............................. 262.42(a)(1) .......................... Exception Reporting ............. Y 761.217(a)(1). 

761.215(b) .............................. 262.42(a)(2) .......................... Exception Reporting ............. Y 761.217(a)(2). 

761.215(b)(1) ......................... 262.42(a)(2)(i) ....................... Exception Reporting ............. Y 761.217(a)(2)(i).

761.215(b)(2) ......................... 262.42(a)(2)(ii) ...................... Exception Reporting ............. Y 761.217(a)(2)(ii). 

262.42(b) .............................. Exception Reporting ............. N see description below. 

262.42(c) ............................... Exception Reporting ............. N 761.217(b). 

262.42(c)(1) .......................... Exception Reporting ............. N 761.217(b)(1). 

262.42(c)(2) .......................... Exception Reporting ............. N 761.217(b)(2). 

761.215(c) .............................. ............................................... One-year Exception Report .. N 761.219(a).

761.215(c)(1) ......................... ............................................... One-year Exception Report .. N 761.219(a)(1). 

761.215(c)(2) ......................... ............................................... One-year Exception Report .. N 761.219(a)(2). 

761.215(d) .............................. ............................................... One-year Exception Report .. N 761.219(b).

761.215(d)(1) ......................... ............................................... One-year Exception Report .. N 761.219(b)(1). 

761.215(d)(2) ......................... ............................................... One-year Exception Report .. N 761.219(b)(2). 

761.215(e) .............................. ............................................... One-year Exception Report .. N 761.219(c).

761.215(e)(1) ......................... ............................................... One-year Exception Report .. N 761.219(c)(1). 

761.215(e)(2) ......................... ............................................... One-year Exception Report .. N 761.219(c)(2). 

761.215(e)(2)(i) ...................... ............................................... One-year Exception Report .. N 761.219(c)(2)(i). 

761.215(e)(2)(ii) ..................... ............................................... One-year Exception Report .. N 761.219(c)(2)(ii). 

761.215(e)(2)(iii) .................... ............................................... One-year Exception Report .. N 761.219(c)(2)(iii). 

761.215(e)(2)(iv) .................... ............................................... One-year Exception Report .. N 761.219(c)(2)(iv). 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54829 

TABLE 7—Continued 

CFR Part 761 Section CFR Part 262 Section Description Match (Y/N) New 761 CFR 

761.215(e)(2)(v) ..................... ............................................... One-year Exception Report .. N 761.219(c)(2)(v). 

761.215(f) ............................... ............................................... One-year Exception Report .. N 761.219(d). 

Listed below are the explanations of 

each change made to § 761.215 in the 

table above. 

40 CFR 761.215(a)—exception report: 

The intent of the language in 

§ 761.215(a) closely matches that of 

§ 262.42(a)(1). Both sections contain 

details of how a generator should 

proceed when a signed manifest is not 

received. Section 262.42(a)(1) is strictly 

for hazardous waste generators of over 

1000 kg waste in a calendar month, 

where § 761.215(a) is for all PCB waste 

generators. Section 761.217(a)(1), 

codified through this rule, will retain 

the language from § 761.215(a) to ensure 

that all PCB waste generators are 

covered. 

40 CFR 761.215(b)—when to submit 

an exception report: The intent of the 

language in § 761.215(b) closely matches 

that of § 262.42(a)(2). Both sections 

contain details of when an exception 

report should be submitted. However, 

§ 761.215(b) states the exception report 

should be submitted to the EPA no later 

than 45 days from the date on which the 

generator should have received the 

manifest, where § 262.42(a)(2) does not. 

Section 761.217(a)(2), codified through 

this rule, will retain the language from 

§ 761.215(b) to maintain the deadline for 

submitting an exception report. 

40 CFR 761.215(b)(1) and (b)(2)— 

details included in the exception report: 

The language in §§ 761.215(b)(1) and 

(b)(2) matches that of §§ 262.42(a)(2)(i) 

and (a)(2)(ii). All sections contain 

details of what information needs to be 

included with the exception report. 

Sections 761.217(a)(2)(i) and (a)(2)(ii), 

codified through this rule, will contain 

language from §§ 262.42(a)(2)(i) and 

(a)(2)(ii) to maintain consistency with 

the RCRA regulations. Sections 

761.215(b)(1) and (b)(2) will be removed 

from the CFR. 

40 CFR 262.42(b)—exception 

reporting instructions for generators of 

hazardous waste between 100kg and 

1000kg in a calendar month: Part 761 

does not contain a provision similar to 

§ 262.42(b). Section 262.42(b) contains 

special exception reporting instructions 

for generators of hazardous waste 

between 100 kg and 1000 kg waste in a 

calendar month. The instructions in 

§ 262.42(b) are not relevant to generators 

for PCB waste, which does not have 

such quantity limitations. Section 

262.42(b) will therefore not be 

referenced in the PCB regulations. 

40 CFR 262.42(c), (c)(1), and (c)(2)— 

rejected shipments forwarded to an 

alternate facility: Sections 262.42(c), 

(c)(1), and (c)(2) contain information on 

exception reporting for rejected 

shipments forwarded to an alternate 

facility. Even though the substance of 

§§ 262.42(c), (c)(1), and (c)(2) is relevant 

to PCB waste, part 761 does not 

currently have provisions similar to 

§§ 262.42(c), (c)(1), and (c)(2). Sections 

761.217(b), (b)(1), and (b)(2), codified 

through this rule, will therefore contain 

language from §§ 262.42(c), (c)(1), and 

(c)(2), except for the residue language; 

there is no provision similar under the 

PCB regulations for § 261.7 Residues of 

hazardous waste in empty containers. 

Also, the 60-day timeframe in 

§ 262.42(c)(2) is not relevant because 

§ 262.42(b) is not relevant to part 761. 

40 CFR 761.215(c), (d), (e), (f)—Oneyear exception report for PCB waste: 

Sections 761.215(c), (d), (e), and (f) 

contain details on the One-year 

Exception Report, which is unique to 

PCB waste. The One-year Exception 

Report is different from the exception 

reporting detailed in §§ 761.215(a), (b), 

and § 262.42, and therefore 

§§ 761.215(c), (d), (e), and (f) will be 

retained and renumbered under 

§ 761.219, which is codified through 

this rule. 

H. Revisions to other Sections in 40 CFR 

761 

There are four other sections in part 

761 which refer to re-numbered sections 

in the regulations that need to be 

updated or reserved: §§ 761.60(j)(1)(vii), 

761.65(i)(2) and 761.65(i)(4), and 

761.180(a)(2)(viii). 

40 CFR 761.60(j)(1)(vii): 

Section 761.60(j)(1)(vii) references 

sections 761.207 through 761.218, 

which will now correspond to sections 

761.207 through 761.219. 

40 CFR 761.65(i)(2): 

Section 761.65(i)(2) references section 

761.208 which will now correspond to 

sections 761.210 through 761.213. 

40 CFR 761.65(i)(4): 

Section 761.65(i)(4) references 

sections 761.208, 209, and 761.215(a) 

and (b) which will now correspond to 

sections 761.210 through 761.213, 

761.213 and 761.214, and 761.217, 

respectively. 

40 CFR 761.180(a)(2)(viii): 

Section 761.180(a)(2)(viii) contains a 

requirement for the owner or operator of 

a facility to retain a written record of all 

telephone or other confirmations to be 

included in the annual document log. 

EPA believes this requirement is no 

longer necessary to effectively monitor 

compliance for exception reporting. 

Section 761.180(a)(2)(viii) will be 

effectively removed by changing the 

section to ‘reserved’, to avoid 

renumbering downstream sections. 

IV. Statutory and Executive Order 

Reviews 

As explained above, this action 

updates and clarifies existing 

regulations for manifesting PCB wastes 

to match, to the extent possible, the 

existing regulations for manifesting 

RCRA hazardous waste using the 

Uniform Hazardous Waste Manifest 

form. Once updated, the regulations will 

match what is currently being done by 

industry. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993), and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Contains no Federal mandates 

under the provisions of Title II of the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1531–1538), for State, local, or 

tribal governments or the private sector 

and contains no regulatory requirements 

that might significantly or uniquely 

affect small governments; 

• Does not have Federalism 

implications as specified in Executive 

Order 13132: Federalism (64 FR 43255, 

August 10, 1999); 

• Does not have tribal implications as 

specified by Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 9, 2000), because, as 

the rule does not make any substantive 

changes, it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law; 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 


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54830 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

13045: Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997); 

• Is not subject to Executive Order 

13211 (66 FR 28355 (May 22, 2001)), 

because it is not a significant regulatory 

action under Executive Order 12866; 

• Does not involve technical 

standards, thus the requirements of 

§ 12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272) do not apply; and 

• Does not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations under 

Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) because it does not affect the level 

of protection provided to human health 

or the environment. 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

that is primarily engaged in hazardous 

waste treatment and disposal as defined 

by NAICS code 562211, with annual 

receipts of less than 12.5 million dollars 

(based on Small Business 

Administration size standards); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s direct final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This rule merely updates the 

existing regulations for manifesting PCB 

wastes to match the existing Uniform 

Hazardous Waste Manifest form. Once 

updated, the regulations will match 

what is currently being conducted by 

industry. 

B. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 761 

Environmental protection, Hazardous 

substances, Manifest, Polychlorinated 

biphenyls, Reporting and recordkeeping 

requirements. 

Dated: August 17, 2012. 

Lisa Feldt, 

Acting Assistant Administrator, Office of 

Solid Waste and Emergency Response. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 761—[AMENDED] 

■ 1. The authority citation for Part 761 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2611, 

2614, and 2616. 

Subpart D—[Amended] 

■ 2. Section 761.60 is amended by 

revising paragraph (j)(1)(vii) to read as 

follows: 

§ 761.60 Disposal requirements. 

* * * * * 

(j) * * * 

(1) * * * 

(vii) Use manifests pursuant to 

subpart K of this part for all R&D PCB 

wastes being transported from the R&D 

facility to an approved PCB storage or 

disposal facility. However, §§ 761.207 

through 761.219 do not apply if the 

residuals or treated samples are 

returned either to the physical location 

where the samples were collected or a 

location where other regulated PCBs 

from the physical location where the 

samples were collected are being stored 

for disposal. 

* * * * * 

■ 3. Section 761.65 is amended by 

revising paragraphs (i)(2) and (i)(4) to 

read as follows: 

§ 761.65 Storage for disposal. 

* * * * * 

(i) * * * 

(2) A laboratory sample is exempt 

from the manifesting requirements in 

§§ 761.210 through 761.213 when: 

(i) The sample is being transported to 

a laboratory for the purpose of testing. 

(ii) The sample is being transported 

back to the sample collector after 

testing. 

(iii) The sample is being stored by the 

sample collector before transport to a 

laboratory for testing. 

(iv) The sample is being stored in a 

laboratory before testing. 

(v) The sample is being stored in a 

laboratory after testing but before it is 

returned to the sample collector. 

(vi) The sample is being stored 

temporarily in the laboratory after 

testing for a specific purpose (for 

example, until conclusion of a court 

case or enforcement action where 

further testing of the sample may be 

necessary). 

* * * * * 

(4) When the concentration of the PCB 

sample has been determined, and its use 

is terminated, the sample must be 

properly disposed. A laboratory must 

either manifest the PCB waste to a 

disposer or commercial storer, as 

required under §§ 761.210 through 

761.213, retain a copy of each manifest, 

as required under §§ 761.213 and 

761.214, and follow up on exception 

reporting, as required under § 761.217, 

or return the sample to the sample 

collector who must then properly 

dispose of the sample. If the laboratory 

returns the sample to the sample 

collector, the laboratory must comply 

with the shipping requirements set forth 

in paragraphs (i)(3)(i) through (i)(3)(iii) 

of this section. 

* * * * * 

Subpart J—[Amended] 

■ 4. Section 761.180 is amended by 

removing and reserving paragraph 

(a)(2)(viii) to read as follows: 

§ 761.180 Records and monitoring. 

* * * * * 

(a) * * * 

(2) * * * 

(viii) [Reserved] 

* * * * * 

Subpart K—[Amended] 

■ 5. Section 761.207 is revised to read 

as follows: 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54831 

§ 761.207 The manifest—general 

requirements. 

(a) A generator who transports, or 

offers for transport PCB waste for 

commercial off-site storage or off-site 

disposal, and commercial storage or 

disposal facility who offers for transport 

a rejected load of PCB waste, must 

prepare a manifest on EPA Form 8700– 

22, and, if necessary, a continuation 

sheet, according to the instructions 

included in the appendix of 40 CFR Part 

262. The generator shall specify: 

(1) For each bulk load of PCBs, the 

identity of the PCB waste, the earliest 

date of removal from service for 

disposal, and the weight in kilograms of 

the PCB waste. (Item 15—Special 

Handling Instructions box) 

(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. (Item 15—Special Handling 

Instructions box) 

(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. (Item 15—Special Handling 

Instructions box) 

Note 1 to paragraph (a): EPA Form 8700– 

22A is not required as the PCB manifest 

continuation sheet. In practice, form 8700– 

22A does not have adequate space to list 

required PCB-specific information for several 

PCB articles. However, if form 8700–22A fits 

the needs of the user community, the form 

is permissible. 

Note 2 to paragraph (a): PCB waste 

handlers should use the Part 262 appendix 

instructions as a guide, but should defer to 

the Part 761 manifest regulations whenever 

there is any difference between the Part 761 

requirements and the instructions in the 

appendix to Part 262. The differences should 

be minimal. 

Note 3 to paragraph (a): PCBs are not 

regulated under RCRA, thus do not have a 

RCRA waste code. EPA does not require 

boxes 13 and 31 on forms 8700–22 and 8700– 

22A (if used), respectively, to be completed 

for shipments only containing PCB waste. 

However, some States track PCB wastes as 

State-regulated hazardous wastes, and assign 

State hazardous waste codes to these wastes. 

In such a case, the user should follow the 

State instructions for completing the waste 

code fields. 

(b) A generator must designate on the 

manifest one facility which is approved 

to handle the PCB waste described on 

the manifest. 

(c) A generator may also designate on 

the manifest one alternate facility which 

is approved to handle his PCB waste in 

the event an emergency prevents 

delivery of the waste to the primary 

designated facility. 

(d) If the transporter is unable to 

deliver the PCB waste to the designated 

facility or the alternate facility, the 

generator must either designate another 

facility or instruct the transporter to 

return the PCB waste. 

(e) The requirements of this section 

apply only to PCB wastes as defined in 

§ 761.3. This includes PCB wastes with 

PCB concentrations below 50 ppm 

where the PCB concentration below 50 

ppm was the result of dilution; these 

PCB wastes are required under 

§ 761.1(b) to be managed as if they 

contained PCB concentrations of 50 

ppm and above. An example of such a 

PCB waste is spill cleanup material 

containing <50 ppm PCBs when the 

spill involved material containing PCBs 

at a concentration of ≥50 ppm. However, 

there is no manifest requirement for 

material currently below 50 ppm which 

derives from pre-April 18, 1978, spills 

of any concentration, pre-July 2, 1979, 

spills of <500 ppm PCBs, or materials 

decontaminated in accordance with 

§ 761.79. 

(f) The requirements of this subpart 

do not apply to the transport of PCB 

wastes on a public or private right-ofway within or along the border of 

contiguous property under the control 

of the same person, even if such 

contiguous property is divided by a 

public or private right-of-way. 

■ 6. Section 761.208 is revised to read 

as follows: 

§ 761.208 Obtaining manifests. 

(a)(1) A generator may use manifests 

printed by any source so long as the 

source of the printed form has received 

approval from EPA to print the manifest 

under 40 CFR 262.21 (c) and (e). A 

registered source may be a: 

(i) State agency; 

(ii) Commercial printer; 

(iii) PCB waste generator, transporter 

or, designated facility; or 

(iv) PCB waste broker or other 

preparer who prepares or arranges 

shipments of PCB waste for 

transportation. 

(2) A generator must determine 

whether the generator state or the 

consignment state for a shipment 

regulates PCB waste as a State-regulated 

hazardous waste. Generators also must 

determine whether the consignment 

state or generator state requires the 

generator to submit any copies of the 

manifest to these states. In cases where 

the generator must supply copies to 

either the generator’s state or the 

consignment state, the generator is 

responsible for supplying legible 

photocopies of the manifest to these 

states. 

(b) [Reserved] 

■ 7. Section 761.209 is revised to read 

as follows: 

§ 761.209 Number of copies of a manifest. 

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. 

■ 8. Section 761.210 is revised to read 

as follows: 

§ 761.210 Use of the manifest—Generator 

requirements. 

(a) The generator must: 

(1) Sign the manifest certification by 

hand; and 

(2) Obtain the handwritten signature 

of the initial transporter and date of 

acceptance on the manifest; and 

(3) Retain one copy, in accordance 

with § 761.214(a)(1). 

(b) The generator must give the 

transporter the remaining copies of the 

manifest. 

(c) For shipments of PCB waste within 

the United States solely by water (bulk 

shipments only), the generator must 

send three copies of the manifest dated 

and signed in accordance with this 

section to the owner or operator of the 

designated facility. Copies of the 

manifest are not required for each 

transporter. 

(d) For rail shipments of PCB waste 

within the United States which 

originate at the site of generation, the 

generator must send at least three copies 

of the manifest dated and signed in 

accordance with this section to: 

(1) The next non-rail transporter, if 

any; or 

(2) The designated facility if 

transported solely by rail. 

(e) For rejected shipments of PCB 

waste that are returned to the generator 

by the designated facility (following the 

procedures of § 761.215(f)), the 

generator must: 

(1) Sign either: 

(i) Item 20 of the new manifest if a 

new manifest is used for the returned 

shipment; or 

(ii) Item 18c of the original manifest 

if the original manifest is used for the 

returned shipment; 

(2) Provide the transporter a copy of 

the manifest; 

(3) Within 30 days of delivery of the 

rejected shipment, send a copy of the 

manifest to the designated facility that 


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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. 

■ 9 Section 761.211 is revised to read as 

follows: 

§ 761.211 Manifest system—Transporter 

requirements. 

(a)(1) A transporter shall not accept 

PCB waste from a generator unless it is 

accompanied by a manifest signed by 

the generator in accordance with 

§ 761.210(a)(1), except that a manifest is 

not required if any one of the following 

conditions exists: 

(i) The shipment of PCB waste 

consists solely of PCB wastes with PCB 

concentrations below 50 ppm, unless 

the PCB concentration below 50 ppm 

was the result of dilution, in which case 

§ 761.1(b) requires that the waste be 

managed as if it contained PCBs at the 

concentration prior to dilution. 

(ii) The PCB waste is accepted by the 

transporter for transport only to a 

storage or disposal facility owned or 

operated by the generator of the PCB 

waste. 

(2) [Reserved] 

(b) Before transporting the PCB waste, 

the transporter must sign and date the 

manifest acknowledging acceptance of 

the PCB waste from the generator. The 

transporter must return a signed copy to 

the generator before leaving the 

generator’s property. 

(c) The transporter shall ensure that 

the manifest accompanies the PCB 

waste. 

(d) A transporter who delivers PCB 

waste to another transporter or to the 

designated facility must: 

(1) Obtain the date of delivery and the 

handwritten signature of that 

transporter or of the owner or operator 

of the designated facility on the 

manifest; and 

(2) Retain one copy of the manifest in 

accordance with § 761.214; and 

(3) Give the remaining copies of the 

manifest to the accepting transporter or 

designated facility. 

(e) The requirements of paragraphs 

(c), (d) and (f) of this section do not 

apply to water (bulk shipment) 

transporters if: 

(1) The PCB waste is delivered by 

water (bulk shipment) to the designated 

facility; and 

(2) A shipping paper containing all 

the information required on the 

manifest (excluding EPA identification 

number, generator certification, and 

signatures) accompanies the PCB waste; 

and 

(3) The delivering transporter obtains 

the date of delivery and handwritten 

signature of the owner or operator of the 

designated facility on either the 

manifest or the shipping paper; and 

(4) The person delivering the PCB 

waste to the initial water (bulk 

shipment) transporter obtains the date 

of delivery and signature of the water 

(bulk shipment) transporter on the 

manifest and forwards it to the 

designated facility; and 

(5) A copy of the shipping paper or 

manifest is retained by each water (bulk 

shipment) transporter in accordance 

with § 761.214. 

(f) For shipments involving rail 

transportation, the requirements of 

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

and the following requirements do 

apply: 

(1) When accepting PCB waste from a 

non-rail transporter, the initial rail 

transporter must: 

(i) Sign and date the manifest 

acknowledging acceptance of the PCB 

waste; 

(ii) Return a signed copy of the 

manifest to the non-rail transporter; 

(iii) Forward at least three copies of 

the manifest to: 

(A) The next non-rail transporter, if 

any; or, 

(B) The designated facility, if the 

shipment is delivered to that facility by 

rail; 

(iv) Retain one copy of the manifest 

and rail shipping paper in accordance 

with § 761.214. 

(2) Rail transporters must ensure that 

a shipping paper containing all the 

information required on the manifest 

(excluding the EPA identification 

numbers, generator certification, and 

signatures) accompanies the PCB waste 

at all times. 

Note: Intermediate rail transporters are not 

required to sign either the manifest or 

shipping paper. 

(3) When delivering PCB waste to the 

designated facility, a rail transporter 

must: 

(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 

(ii) Retain a copy of the manifest or 

signed shipping paper in accordance 

with § 761.214. 

(4) When delivering PCB waste to a 

non-rail transporter a rail transporter 

must: 

(i) Obtain the date of delivery and the 

handwritten signature of the next nonrail transporter on the manifest; and 

(ii) Retain a copy of the manifest in 

accordance with § 761.214. 

(5) Before accepting PCB waste from 

a rail transporter, a non-rail transporter 

must sign and date the manifest and 

provide a copy to the rail transporter. 

■ 10. Section 761.212 is added to read 

as follows: 

§ 761.212 Transporter compliance with the 

manifest. 

(a) The transporter must deliver the 

entire quantity of PCB waste which he 

has accepted from a generator or a 

transporter to: 

(1) The designated facility listed on 

the manifest; or 

(2) The alternate designated facility, if 

the PCB waste cannot be delivered to 

the designated facility because an 

emergency prevents delivery; or 

(3) The next designated transporter. 

(b)(1) If the PCB waste cannot be 

delivered in accordance with paragraph 

(a) of this section because of an 

emergency condition other than 

rejection of the waste by the designated 

facility, then the transporter must 

contact the generator for further 

directions and must revise the manifest 

according to the generator’s 

instructions. 

(2) If PCB waste is rejected by the 

designated facility while the transporter 

is on the facility’s premises, then the 

transporter must obtain the following: 

(i) For a partial load rejection, a copy 

of the original manifest that includes the 

facility’s date and signature, and the 

Manifest Tracking Number of the new 

manifest that will accompany the 

shipment, and a description of the 

partial rejection in the discrepancy 

block of the original manifest. The 

transporter must retain a copy of this 

manifest in accordance with § 761.214, 

and give the remaining copies of the 

original manifest to the rejecting 

designated facility. If the transporter is 

forwarding the rejected part of the 

shipment to an alternate facility or 

returning it to the generator, the 

transporter must obtain a new manifest 

to accompany the shipment, and the 

new manifest must include all of the 

information required in 40 CFR 

761.215(e)(1) through (6) or (f)(1) 

through (6). 

(ii) For a full load rejection that will 

be taken back by the transporter, a copy 

of the original manifest that includes the 

rejecting facility’s signature and date 

attesting to the rejection, the description 

of the rejection in the discrepancy block 

of the manifest, and the name, address, 

phone number, and Identification 

Number for the alternate facility or 

generator to whom the shipment must 

be delivered. The transporter must 

retain a copy of the manifest in 

accordance with § 761.214, and give a 

copy of the manifest containing this 

information to the rejecting designated 


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Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54833 

facility. If the original manifest is not 

used, then the transporter must obtain a 

new manifest for the shipment and 

comply with 40 CFR 761.215(e)(1) 

through (6). 

(iii) No provision of this section shall 

be construed to affect or limit the 

applicability of any requirement 

applicable to transporters of PCB waste 

under regulations issued by the 

Department of Transportation (DOT) 

and set forth at 49 CFR Part 171. 

■ 11. Section 761.213 is added to read 

as follows: 

§ 761.213 Use of manifest—Commercial 

storage and disposal facility requirements. 

(a)(1) If a commercial storage or 

disposal facility receives PCB waste 

accompanied by a manifest, the owner, 

operator or his/her agent must sign and 

date the manifest as indicated in 

paragraph (a)(2) of this section to certify 

that the PCB waste covered by the 

manifest was received, that the PCB 

waste was received except as noted in 

the discrepancy space of the manifest, 

or that the PCB waste was rejected as 

noted in the manifest discrepancy 

space. 

(2) If a commercial storage or disposal 

facility receives an off-site shipment of 

PCB waste accompanied by a manifest, 

the owner or operator, or his agent, 

shall: 

(i) Sign and date, by hand, each copy 

of the manifest; 

(ii) Note any discrepancies (as defined 

in § 761.215(a)) on each copy of the 

manifest; 

(iii) Immediately give the transporter 

at least one copy of the manifest; 

(iv) Within 30 days of delivery, send 

a copy of the manifest to the generator; 

and 

(v) Retain at the facility a copy of each 

manifest for at least three years from the 

date of delivery. 

(b) If a commercial storage or disposal 

facility receives, from a rail or water 

(bulk shipment) transporter, PCB waste 

which is accompanied by a shipping 

paper containing all the information 

required on the manifest (excluding the 

EPA identification numbers, generator’s 

certification, and signatures), the owner 

or operator, or his agent, must: 

(1) Sign and date each copy of the 

manifest or shipping paper (if the 

manifest has not been received) to 

certify that the PCB waste covered by 

the manifest or shipping paper was 

received; 

(2) Note any significant discrepancies 

(as defined in § 761.215(a)) in the 

manifest or shipping paper (if the 

manifest has not been received) on each 

copy of the manifest or shipping paper. 

Note to paragraph (b)(2): The Agency does 

not intend that the owner or operator of a 

facility whose procedures include waste 

analysis must perform that analysis before 

signing the shipping paper and giving it to 

the transporter. Section 761.215(a), however, 

requires reporting an unreconciled 

discrepancy discovered during later analysis. 

(3) Immediately give the rail or water 

(bulk shipment) transporter at least one 

copy of the manifest or shipping paper 

(if the manifest has not been received); 

(4) Within 30 days after the delivery, 

send a copy of the signed and dated 

manifest or a signed and dated copy of 

the shipping paper (if the manifest has 

not been received within 30 days after 

delivery) to the generator; and 

Note to paragraph (b)(4): Section 

761.210(c) requires the generator to send 

three copies of the manifest to the facility 

when PCB waste is sent by rail or water (bulk 

shipment).] 

(5) Retain at the facility a copy of the 

manifest and shipping paper (if signed 

in lieu of the manifest at the time of 

delivery) for at least three years from the 

date of delivery. 

(c) Whenever an off-site shipment of 

PCB waste is initiated from a 

commercial storage or disposal facility, 

the owner or operator of the commercial 

storage or disposal facility shall comply 

with the manifest requirements that 

apply to generators of PCB waste 

(§ 761.207). 

■ 12. Section 761.214 is added to read 

as follows: 

§ 761.214 Retention of manifest records. 

(a)(1) A generator must keep a copy of 

each manifest signed in accordance with 

§ 761.210(a) for three years or until he 

receives a signed copy from the 

designated facility which received the 

PCB waste. This signed copy must be 

retained as a record for at least three 

years from the date the waste was 

accepted by the initial transporter. A 

generator subject to annual document 

requirements under § 761.180 shall 

retain copies of each manifest for the 

period required by § 761.180(a). 

(2) A transporter of PCB waste must 

keep a copy of the manifest signed by 

the generator, himself, and the next 

designated transporter or the owner or 

operator of the designated facility for a 

period of three years from the date the 

PCB waste was accepted by the initial 

transporter. 

(b) For shipments delivered to the 

designated facility by water (bulk 

shipment), each water (bulk shipment) 

transporter must retain a copy of the 

shipping paper containing all the 

information required in § 761.211(e)(2) 

for a period of three years from the date 

the PCB waste was accepted by the 

initial transporter. 

(c) For shipments of PCB waste by rail 

within the United States: 

(1) The initial rail transporter must 

keep a copy of the manifest and 

shipping paper with all the information 

required in § 761.211(f)(2) for a period 

of three years from the date the PCB 

waste was accepted by the initial 

transporter; and 

(2) The final rail transporter must 

keep a copy of the signed manifest (or 

the shipping paper if signed by the 

designated facility in lieu of the 

manifest) for a period of three years 

from the date the PCB waste was 

accepted by the initial transporter. 

Note to paragraph (c): Intermediate rail 

transporters are not required to keep records 

pursuant to these regulations. 

(d) A generator must keep a copy of 

each Exception Report for a period of at 

least three years from the due date of the 

report. 

(e) The periods of retention referred to 

in this Section are extended 

automatically during the course of any 

unresolved enforcement action 

regarding the regulated activity or as 

requested by the Administrator. 

■ 13. Section 761.215 is revised to read 

as follows: 

§ 761.215 Manifest discrepancies. 

(a) Manifest discrepancies are: 

(1) Significant differences (as defined 

by paragraph (b) of this section) between 

the quantity or type of PCB waste 

designated on the manifest or shipping 

paper, and the quantity and type of PCB 

waste a facility actually receives; or 

(2) Rejected wastes, which may be a 

full or partial shipment of PCB waste 

that the designated facility cannot 

accept. 

(b) Significant differences in quantity 

are: For bulk waste, variations greater 

than 10 percent in weight or variations 

greater than 10 percent in weight of PCB 

waste in containers; for batch waste, any 

variation in piece count, such as a 

discrepancy of one PCB Transformer or 

PCB Container or PCB Article Container 

in a truckload. Significant differences in 

type are obvious differences which can 

be discovered by inspection or waste 

analysis, such as the substitution of 

solids for liquids or the substitution of 

high concentration PCBs (above 500 

ppm) with lower concentration 

materials. 

(c) Upon discovering a significant 

difference in quantity or type, the owner 

or operator must attempt to reconcile 

the discrepancy with the waste 

generator or transporter (e.g., with 

telephone conversations). If the 


TKELLEY on DSK3SPTVN1PROD with RULES
54834 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 

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. 

(d)(1) Upon rejecting the PCB waste, 

the facility must consult with the 

generator prior to forwarding the waste 

to another facility that can manage the 

waste. If it is impossible to locate an 

alternative facility that can receive the 

waste, the facility may return the 

rejected waste to the generator. The 

facility must send the waste to the 

alternative facility or to the generator 

within 60 days of the rejection 

identification. 

(2) While the facility is making 

arrangements for forwarding rejected 

wastes to another facility under this 

section, it must ensure that either the 

delivering transporter retains custody of 

the waste, or, the facility must provide 

for secure, temporary custody of the 

waste, pending delivery of the waste to 

the first transporter designated on the 

manifest prepared under paragraph (e) 

or (f) of this section. 

(e) Except as provided in paragraph 

(e)(7) of this section, for full or partial 

load rejections that are to be sent off-site 

to an alternate facility, the facility is 

required to prepare a new manifest in 

accordance with § 761.207(a) and the 

following instructions: 

(1) Write the generator’s U.S. EPA ID 

number in Item 1 of the new manifest. 

Write the generator’s name and mailing 

address in Item 5 of the new manifest. 

If the mailing address is different from 

the generator’s site address, then write 

the generator’s site address in the 

designated space for Item 5. 

(2) Write the name of the alternate 

designated facility and the facility’s U.S. 

EPA ID number in the designated 

facility block (Item 8) of the new 

manifest. 

(3) Copy the manifest tracking number 

found in Item 4 of the old manifest to 

the Special Handling and Additional 

Information Block of the new manifest, 

and indicate that the shipment is a 

rejected waste from the previous 

shipment. 

(4) Copy the manifest tracking number 

found in Item 4 of the new manifest to 

the manifest reference number line in 

the Discrepancy Block of the old 

manifest (Item 18a). 

(5) Write the DOT description for the 

rejected load in Item 9 (U.S. DOT 

Description) of the new manifest and 

write the container types, quantity, and 

volume(s) of waste. 

(6) Sign the Generator’s/Offeror’s 

Certification to certify, as the offeror of 

the shipment, that the waste has been 

properly packaged, marked and labeled 

and is in proper condition for 

transportation, and mail a signed copy 

of the manifest to the generator 

identified in Item 5 of the new manifest. 

(7) For full load rejections that are 

made while the transporter remains 

present at the facility, the facility may 

forward the rejected shipment to the 

alternate facility by completing Item 18b 

of the original manifest and supplying 

the information on the next destination 

facility in the Alternate Facility space. 

The facility must retain a copy of this 

manifest for its records, and then give 

the remaining copies of the manifest to 

the transporter to accompany the 

shipment. If the original manifest is not 

used, then the facility must use a new 

manifest and comply with paragraphs 

(e)(1), (2), (3), (4), (5), and (6) of this 

section. 

(f) Except as provided in paragraph 

(f)(7) of this section, for rejected wastes 

that must be sent back to the generator, 

the facility is required to prepare a new 

manifest in accordance with 

§ 761.207(a) and the following 

instructions: 

(1) Write the facility’s U.S. EPA ID 

number in Item 1 of the new manifest. 

Write the facility’s name and mailing 

address in Item 5 of the new manifest. 

If the mailing address is different from 

the facility’s site address, then write the 

facility’s site address in the designated 

space for Item 5 of the new manifest. 

(2) Write the name of the initial 

generator and the generator’s U.S. EPA 

ID number in the designated facility 

block (Item 8) of the new manifest. 

(3) Copy the manifest tracking number 

found in Item 4 of the old manifest to 

the Special Handling and Additional 

Information Block of the new manifest, 

and indicate that the shipment is a 

rejected waste from the previous 

shipment. 

(4) Copy the manifest tracking number 

found in Item 4 of the new manifest to 

the manifest reference number line in 

the Discrepancy Block of the old 

manifest (Item 18a). 

(5) Write the DOT description for the 

rejected load in Item 9 (U.S. DOT 

Description) of the new manifest and 

write the container types, quantity, and 

volume(s) of waste. 

(6) Sign the Generator’s/Offeror’s 

Certification to certify, as offeror of the 

shipment, that the waste has been 

properly packaged, marked and labeled 

and is in proper condition for 

transportation. 

(7) For full load rejections that are 

made while the transporter remains at 

the facility, the facility may return the 

shipment to the generator with the 

original manifest by completing Item 

18a and 18b of the manifest and 

supplying the generator’s information in 

the Alternate Facility space. The facility 

must retain a copy for its records and 

then give the remaining copies of the 

manifest to the transporter to 

accompany the shipment. If the original 

manifest is not used, then the facility 

must use a new manifest and comply 

with paragraphs (f)(1), (2), (3), (4), (5), 

(6), and (8) of this section. 

(8) For full or partial load rejections 

that are returned to the generator, the 

facility must also comply with the 

exception reporting requirements in 

§ 761.217(a). 

(g) If a facility rejects a waste after it 

has signed, dated, and returned a copy 

of the manifest to the delivering 

transporter or to the generator, the 

facility must amend its copy of the 

manifest to indicate the rejected wastes 

in the discrepancy space of the 

amended manifest. The facility must 

also copy the manifest tracking number 

from Item 4 of the new manifest to the 

Discrepancy space of the amended 

manifest, and must re-sign and date the 

manifest to certify to the information as 

amended. The facility must retain the 

amended manifest for at least three 

years from the date of amendment, and 

must within 30 days, send a copy of the 

amended manifest to the transporter and 

generator that received copies prior to 

their being amended. 

■ 14. Section 761.216 is added to read 

as follows: 

§ 761.216 Unmanifested waste report. 

(a) If a facility accepts for storage or 

disposal any PCB waste from an off-site 

source without an accompanying 

manifest, or without an accompanying 

shipping paper as described by 

§ 761.211(e), and the owner or operator 

of the commercial storage or disposal 

facility cannot contact the generator of 

the PCB waste, then 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, and additionally the owner or 

operator must prepare and submit a 

letter to the Regional Administrator 

within 15 days after receiving the waste. 

The unmanifested waste report must 

contain the following information: 

(1) The EPA identification number, 

name and address of the facility; 

(2) The date the facility received the 

waste; 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54835 

(3) The EPA identification number, 

name and address of the generator and 

the transporter, if available; 

(4) A description and the quantity of 

each unmanifested PCB waste the 

facility received; 

(5) The method of storage or disposal 

for each PCB waste; 

(6) Signature of the owner or operator 

of the facility or his authorized 

representative; and, 

(7) A brief explanation of why the 

waste was unmanifested, if known. 

(8) The disposition made of the 

unmanifested waste by the commercial 

storage or disposal facility, including: 

(i) If the waste was stored or disposed 

by that facility, was the generator 

identified and was a manifest 

subsequently supplied. 

(ii) If the waste was sent back to the 

generator, why and when. 

(b) [Reserved] 

■ 15. Section 761.217 is added to read 

as follows: 

§ 761.217 Exception reporting. 

(a)(1) A generator of PCB waste, who 

does not receive a copy of the manifest 

with the handwritten signature of the 

owner or operator of the designated 

facility within 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. 

(2) A generator of PCB waste subject 

to the manifesting requirements shall 

submit an Exception Report to the EPA 

Regional Administrator for the Region 

in which the generator is located if the 

generator has not received a copy of the 

manifest with the 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: 

(i) A legible copy of the manifest for 

which the generator does not have 

confirmation of delivery; 

(ii) A cover letter signed by the 

generator or his authorized 

representative explaining the efforts 

taken to locate the PCB waste and the 

results of those efforts. 

(b) For rejected shipments of PCB 

waste that are forwarded to an alternate 

facility by a designated facility using a 

new manifest (following the procedures 

of § 761.215(e)(1) through (6)), the 

generator must comply with the 

requirements of paragraph (a) of this 

section, as applicable, for the shipment 

forwarding the material from the 

designated facility to the alternate 

facility instead of for the shipment from 

the generator to the designated facility. 

For purposes of paragraph (a) of this 

section for a shipment forwarding such 

waste to an alternate facility by a 

designated facility: 

(1) The copy of the manifest received 

by the generator must have the 

handwritten signature of the owner or 

operator of the alternate facility in place 

of the signature of the owner or operator 

of the designated facility, and 

(2) The 35- and 45-day timeframes 

begin the date the waste was accepted 

by the initial transporter forwarding the 

PCB waste shipment from the 

designated facility to the alternate 

facility. 

■ 16. Section 761.219 is added to read 

as follows: 

§ 761.219 One-year exception reporting. 

(a) A disposer of PCB waste shall 

submit a One-year Exception Report to 

the EPA Regional Administrator for the 

Region in which the disposal facility is 

located no later than 45 days from the 

end of the 1-year storage for disposal 

date when the following occurs: 

(1) The disposal facility receives PCBs 

or PCB Items on a date more than 9 

months from the date the PCBs or PCB 

Items were removed from service for 

disposal, as indicated on the manifest or 

continuation sheet; and 

(2) Because of contractual 

commitments or other factors affecting 

the facility’s disposal capacity, the 

disposer of PCB waste could not dispose 

of the affected PCBs or PCB Items 

within 1 year of the date of removal 

from service for disposal. 

(b) A generator or commercial storer 

of PCB waste who manifests PCBs or 

PCB Items to a disposer of PCB waste 

shall submit a One-year Exception 

Report to the EPA Regional 

Administrator for the Region in which 

the generator or commercial storer is 

located no later than 45 days from the 

date the following occurs: 

(1) The generator or commercial storer 

transferred the PCBs or PCB Items to the 

disposer of PCB waste on a date within 

9 months from the date of removal from 

service for disposal of the affected PCBs 

or PCB Items, as indicated on the 

manifest or continuation sheet; and 

(2) The generator or commercial storer 

either has not received within 13 

months from the date of removal from 

service for disposal a Certificate of 

Disposal confirming the disposal of the 

affected PCBs or PCB Items, or the 

generator or commercial storer receives 

a Certificate of Disposal confirming 

disposal of the affected PCBs or PCB 

Items on a date more than 1 year after 

the date of removal from service. 

(c) The One-year Exception Report 

shall include: 

(1) A legible copy of any manifest or 

other written communication relevant to 

the transfer and disposal of the affected 

PCBs or PCB Items. 

(2) A cover letter signed by the 

submitter or an authorized 

representative explaining: 

(i) The date(s) when the PCBs or PCB 

Items were removed from service for 

disposal. 

(ii) The date(s) when the PCBs or PCB 

Items were received by the submitter of 

the report, if applicable. 

(iii) The date(s) when the affected 

PCBs or PCB Items were transferred to 

a designated disposal facility. 

(iv) The identity of the transporters, 

commercial storers, or disposers known 

to be involved with the transaction. 

(v) The reason, if known, for the delay 

in bringing about the disposal of the 

affected PCBs or PCB Items within 1 

year from the date of removal from 

service for disposal. 

(d) PCB/radioactive waste that is 

exempt from the 1-year storage for 

disposal time limit pursuant to 

§ 761.65(a)(1) is also exempt from the 

exception reporting requirements of 

paragraphs (a), (b), and (c) of this 

section. 

[FR Doc. 2012–21674 Filed 9–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Part 3052 

[Docket No. DHS–2009–0085] 

RIN 1601–AA28 

Homeland Security Acquisition 

Regulation (HSAR); Revision Initiative 

[HSAR Case 2009–002]; Correction 

AGENCY: Office of the Chief Procurement 

Officer, DHS. 

ACTION: Final rule; correction. 

SUMMARY: DHS is correcting a final rule 

that appeared in the Federal Register of 

August 22, 2012. As published, the final 

rule incorrectly uses the word (DATE) 

in several places in part 3052 of title 48 

of the Code of Federal Regulations. We 

are correcting each instance of (DATE) 

to correctly state the appropriate date of 

‘‘(SEP 2012)’’. The final rule amended 

multiple sections of the Homeland 

Security Acquisition Regulation (HSAR) 

to align existing content with the 

Federal Acquisition Regulation (FAR); 

implemented Section 695 of the PostVerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1

TKELLEY on DSK3SPTVN1PROD with RULES