Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations

Federal Register, Volume 77 Issue 173 (Thursday, September 6, 2012)

Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)

Rules and Regulations

Pages 54818-54835

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2012-21674

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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.

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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).

Page 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

  1. Why is EPA using a direct final rule?

  2. Does this action apply to me?

  3. Description of Amendments to Part 761

    1. Overview of Changes to 40 CFR Part 761

    2. Revisions to the PCB Regulations under 40 CFR 761.207 (The Manifest--General Requirements)

    3. Revisions to the PCB Regulations under 40 CFR 761.208 (Use of the Manifest)

    4. Revisions to the PCB Regulations under 40 CFR 761.209 (Retention of Manifest Records)

    5. Revisions to the PCB Regulations under 40 CFR 761.210 (Manifest Discrepancies)

    6. Revisions to the PCB Regulations under 40 CFR 761.211 (Unmanifested Waste Report)

    7. Revisions to the PCB Regulations under 40 CFR 761.215 (Exception Reporting)

    8. Revisions to other Sections in 40 CFR 761

  4. Statutory and Executive Order Reviews

    1. Regulatory Flexibility Act

    2. Congressional Review Act

  5. 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.

  6. 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:

    Page 54820

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    Examples of potentially

    NAICS Description NAICS Code affected entities

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    Electric Power Distribution.... 221122 Generators of PCB

    waste.

    Transportation and Warehousing. 48-49 Transportation of PCB

    waste.

    Waste Management and 562 Facilities that manage

    Remediation Services. PCB waste.

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    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.

  7. Description of Amendments to Part 761

    1. 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

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      40 CFR section Brief description of RCRA regulation

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      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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      Page 54821

    2. 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 Sec. Sec. 262.20, 262.21, and 262.22.

      Table 2

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      CFR Part 262

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

      ----------------------------------------------------------------------------------------------------------------

      761.207 The manifest--general 262.20 General

      requirements. requirements.

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

      requirements.

      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 Supplies of printed N 761.208.

      tracking numbers, copies of 8700-22.

      manifest printing,

      and obtaining

      manifests.

      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 Y 761.207(b).

      requirements.

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

      requirements.

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

      Transporter

      requirements.

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

      requirements. below.

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

      Transporter

      requirements.

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

      copies.

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

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations of each change made to Sec. 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 Sec. 262.20(a)(1). However, Sec. 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 Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 761.207(b), but also includes the most current details on obtaining manifests. Because Sec. 761.207(b) lacks these details, Sec. 761.208, codified through this rule, uses language from Sec. 262.21(g). The language regarding certification of manifest printers from the remainder of Sec. 262.21 will not be included in Sec. 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 Sec. Sec. 761.207(g) and (h) matches that of Sec. Sec. 262.20(b) and (d), respectively. To harmonize the regulatory sections, the Sec. 761.207(b) and

      Page 54822

      (d), codified through this rule, will contain the language from Sec. Sec. 262.20(b) and (d), and Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 262.20(e) will not be incorporated in Sec. 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 Sec. 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 Sec. 262.20(f) to Sec. 263.30 and Sec. 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 Sec. 761.207(f). Section 262.20(f) cites the marking regulations in Sec. 262.32(b) which are substantially different than the PCB marking regulations, so that portion of Sec. 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 Sec. 761.207(i) matches that of Sec. 262.22. Both sections describe the required number of copies of the manifest, but Sec. 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 Sec. 761.213(a)(2)(iv), codified through this rule. The updated Sec. 761.209, also codified through this rule, will contain language from Sec. 262.22, and Sec. 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 Sec. 761.207(e).

    3. 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 Sec. 761.208 to the equivalent or relevant sections in the RCRA regulations in 40 CFR parts 262, 263, and 264, which are Sec. Sec. 262.23, 263.20, 263.21, and 264.71.

      Table 3

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      CFR Parts 262-264

      CFR Part 761 Section 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 Y 761.210(a).

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements. below.

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

      requirements. below.

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

      requirements.

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

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

      manifesting if PCB

      waste is below 50

      ppm.

      761.208(b)(1)(ii)................ ................... Exception for N 761.211(a)(1)(ii).

      manifesting if

      transporter is

      taken to a

      designated

      facility that is

      owned by the

      generator.

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

      requirements. below.

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

      requirements. below.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

      Page 54823

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements. below.

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

      requirements. below.

      263.21 Compliance

      with the manifest.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements. below.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      264.70

      Applicability.

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

      requirements. below.

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

      below.

      264.71 Use of

      manifest system..

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements. below.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements. below.

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

      requirements. below.

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations for each change made to Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. 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 Sec. Sec. 262.23(a), (a)(1), (a)(2), (a)(3), (b), (c), (d), (d)(1), and (d)(2), and Sec. 761.208(a)

      Page 54824

      and will be renumbered under Sec. 761.210.

      40 CFR 262.23(d)(3)--exporting waste by rail: Part 761 does not contain a similar provision to Sec. 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 Sec. 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, Sec. 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 Sec. 262.23(f), even though the substance of Sec. 262.23(f) is relevant to rejected loads of PCB waste with the exception of the reference to Sec. 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 Sec. Sec. 264.72(f) or 265.72(f)). Section 761.210(e), codified through this rule, includes language from Sec. 262.23(f) and all the sections under Sec. 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 Sec. 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 Sec. 761.208(a)(4) closely matches that of Sec. Sec. 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, Sec. 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 Sec. 761.180, specifically Sec. 761.180(a)(2)(viii). EPA believes this requirement is no longer necessary to effectively monitor compliance for exception reporting. The language from Sec. 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 Sec. 761.208(b)(1) closely matches that of Sec. 263.20(a)(1). However, the exceptions listed in Sec. Sec. 761.208(b)(1)(i) and (ii) are PCB-specific manifest requirements, so Sec. Sec. 761.208(b)(1), (b)(1)(i) and (b)(1)(ii) will be retained and renumbered as Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. 263.20(c). However, Sec. 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 Sec. 263.20(c) will not be included in the PCB regulations. Instead, the language from Sec. 761.208(b)(3) will be retained and renumbered as Sec. 761.211(c), and Sec. 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 Sec. 263.20(e)(2). However, Sec. 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 Sec. 263.20(e)(2) will not be included in Sec. 761.211(e)(2). Instead, the language from Sec. 761.208(b)(5)(ii) will be retained and renumbered as Sec. 761.211(e)(2), and Sec. 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 Sec. 761.208(b)(6) matches that of Sec. 263.20(f). In fact, Sec. 761.208(b)(6) already references Sec. 263.20(f). Section 761.211(f) and sections under Sec. 761.211(f), codified through this rule, will contain language from Sec. 263.20(f) and all the sections under Sec. 263.20(f). However, Sec. 263.20(f)(1)(iii)(c) and Sec. 263.20(f)(2) both reference exports which will not be addressed in this rulemaking. Thus, Sec. 263.20(f)(1)(iii)(c) and the portion of Sec. 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 Sec. 263.20(g), even though the content of Sec. 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

      Page 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 Sec. 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 Sec. 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 Sec. Sec. 761.208(b)(7), (b)(7)(i), and (b)(7)(ii) matches that of Sec. Sec. 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 Sec. Sec. 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 Sec. 263.21(a)(2) is relevant to delivery of PCB waste, part 761 does not currently have a provision similar to Sec. 263.21(a)(2). Section 761.212(a)(2), codified through this rule, will contain language from Sec. 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 Sec. 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 Sec. 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 Sec. 761.208(b)(8) matches that of Sec. 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 Sec. 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 Sec. 263.21(b)(2) is relevant to rejected loads of PCB waste, part 761 does not currently have a provision similar to Sec. 263.21(b)(2). Sections 761.212(b)(2), (b)(2)(i), and (b)(2)(ii), codified through this rule, will contain language from Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 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, Sec. 761.208(b)(9) will be retained, but renumbered to Sec. 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 Sec. 264.71(a)(1) is relevant to receiving PCB waste, part 761 does not currently have a provision similar to Sec. 264.71(a)(1). Section 761.213(a)(1), codified through this rule, will contain language from Sec. 264.71(a)(1).

      40 CFR 761.208(c)(1)--receiving facility requirements for completing a manifest: The intent of the language in section Sec. 761.208(c)(1) and its various subsections matches that of Sec. 264.71(a)(2) and its various subsections. All sections contain the facility requirements when waste is delivered. However, Sec. 761.208(c)(1) specifies the requirement for an off-site shipment, which is unique to the PCB regulations, and Sec. 264.71(a)(2) does not include a similar provision. Section 761.208(c)(1) will be retained and renumbered to Sec. 761.213(a)(2). The subsections under new Sec. 761.213(a)(2) will contain language from the subsections under Sec. 264.71(a)(2). Subsections under Sec. 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 Sec. 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 Sec. 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 Sec. 761.208(c)(2) and its various subsections matches that of Sec. 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 Sec. 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 Sec. 761.208(c)(3) matches that of Sec. 264.71(c). However, Sec. 761.208(c)(3) specifies the requirement for an off-site shipment, which is unique to the PCB regulations, and Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 264.71(e). Section 264.71(e) contains instructions for how to handle

      Page 54826

      additional wastes regulated as hazardous wastes by the consignment state under its RCRA authorized state program. PCBs are regulated federally under TSCA authority, so Sec. 264.71(e) does not apply. Language from Sec. 264.71(e) will therefore not be included in the PCB regulations.

    4. 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 Sec. Sec. 262.40, 263.22, and 264.71.

      Table 4

      ----------------------------------------------------------------------------------------------------------------

      CFR Parts 262-264

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

      ----------------------------------------------------------------------------------------------------------------

      761.209 Retention of manifest 263.22

      records. Recordkeeping.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirements.

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

      requirement. below.

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

      264.71(b)(v). requirement. 761.213(b)(5).

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

      requirement.

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

      requirements.

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations of each change made to Sec. 761.209 in the table above.

      40 CFR 761.209(a)--retention requirements for generators: The language in Sec. 761.209(a) closely matches that of Sec. 262.40(a). Both sections contain manifest retention requirements for generators, but the language in Sec. 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 Sec. 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 Sec. Sec. 761.209(b)(1), (b)(2), (b)(3), (b)(3)(i), and (b)(3)(ii) matches that of Sec. Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 761.209(c) matches that of Sec. Sec. 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 Sec. Sec. 761.213(a)(2)(v) and (b)(5) will contain language from Sec. Sec. 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 Sec. 262.40(b). Section 262.40(b) contains the 3-year exception report retention requirement for generators. The content of Sec. 262.40(b) pertaining to the exception report is relevant to PCB exception reports. Thus, Sec. 761.214(d), codified through this rule, will contain language from Sec. 262.40(b).

      40 CFR 761.209(d)--retention period for enforcement actions: The intent of the language in Sec. 761.209(d) matches that of Sec. 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 Sec. 263.22(e) to maintain consistency with the RCRA regulations. Section 761.209(d) will be removed from the CFR.

    5. 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 Sec. 761.210 to the equivalent or relevant section in the RCRA regulations in 40 CFR part 264, which is Sec. 264.72.

      Table 5

      ----------------------------------------------------------------------------------------------------------------

      CFR Part 264

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

      ----------------------------------------------------------------------------------------------------------------

      761.210 Manifest discrepancies... 264.72 Manifest

      discrepancies.

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

      Page 54827

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

      discrepancies. below.

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

      discrepancies. 761.215(a)(1).

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

      discrepancies. 761.215(a)(1).

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

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

      discrepancies.

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations of each change made to Sec. 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 Sec. Sec. 761.210(a), (a)(1), (a)(1)(i), (a)(1)(ii), and (a)(2) matches Sec. Sec. 264.72(a), (a)(1), and (b). Also, section 761.210(a)(2) matches the second sentence in Sec. 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 Sec. Sec. 264.72(a), (a)(1), and (b) to maintain consistency with the RCRA regulations, as well as language from Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 264.72(a)(2), (d)(1), (d)(2), (e), (f), and (g). However, the residue language from Sec. Sec. 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 Sec. 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 Sec. 761.210(b) matches that of Sec. 264.72(c). Both sections refer to resolving manifest discrepancies. Section 761.215(c), codified through this rule, will contain language from Sec. 264.72(c) to maintain consistency with the RCRA regulations. Section 761.210(b) will be removed from the CFR.

    6. 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 Sec. 761.211 to the equivalent or relevant section in the RCRA regulations in 40 CFR part 264, which is Sec. 264.76.

      Table 6

      ----------------------------------------------------------------------------------------------------------------

      CFR Part 264

      CFR Part 761 Section 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 N 761.216(a).

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations of each change made to Sec. 761.211 in the table above.

      40 CFR 761.211(a)--facilities receiving unmanifested waste: The portion of Sec. 761.211(a) that is similar to part of Sec. 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 Sec. 761.211(a) that is not covered in Sec. 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.

      Page 54828

      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 Sec. 761.211(a) will be retained in Sec. 761.216(a). Section 761.211(a) will be removed from the CFR. Please note that Sec. 761.211(a), (b), and (c) are all being revised and renumbered to Sec. 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 Sec. 761.211(b) is retained and included in Sec. 761.216(a), which is codified through this rule. Section 761.211(b) will be removed from the CFR. Please note that Sec. 761.211(a), (b), and (c) are all being revised and renumbered to Sec. 761.216(a).

      40 CFR 761.211(c)--unmanifested waste report: The procedure described in Sec. 761.211(c) is similar to that of Sec. 264.76(a). Both sections contain instructions on when and how to complete an unmanifested waste report. However, Sec. 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 Sec. 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 Sec. 264.76(a) is included in Sec. 761.216(a), which is codified through this rule, and Sec. 761.211(c) will be removed from the CFR. Please note that Sec. 761.211(a), (b), and (c) are all being revised and renumbered to Sec. 761.216(a). Furthermore, Sec. 264.76(a)(5) contains instructions on including the same generalized information on the unmanifested waste report in greater detail than Sec. 761.211(c). Language from Sec. 264.76(a)(5) will therefore be included in Sec. 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 Sec. Sec. 761.211(c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) matches that of Sec. Sec. 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 Sec. Sec. 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, Sec. Sec. 761.211(c)(6), (c)(6)(i), and (c)(6)(ii) will be retained and renumbered as Sec. Sec. 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 Sec. 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 Sec. 264.76(a)(6).

    7. 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 Sec. 761.215 to the equivalent or relevant section in the RCRA regulations in 40 CFR part 262, which is Sec. 262.42.

      Table 7

      ----------------------------------------------------------------------------------------------------------------

      CFR Part 262

      CFR Part 761 Section 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 N 761.219(a).

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

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

      Report.

      Page 54829

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

      Report.

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

      Report.

      ----------------------------------------------------------------------------------------------------------------

      Listed below are the explanations of each change made to Sec. 761.215 in the table above.

      40 CFR 761.215(a)--exception report: The intent of the language in Sec. 761.215(a) closely matches that of Sec. 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 Sec. 761.215(a) is for all PCB waste generators. Section 761.217(a)(1), codified through this rule, will retain the language from Sec. 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 Sec. 761.215(b) closely matches that of Sec. 262.42(a)(2). Both sections contain details of when an exception report should be submitted. However, Sec. 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 Sec. 262.42(a)(2) does not. Section 761.217(a)(2), codified through this rule, will retain the language from Sec. 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 Sec. Sec. 761.215(b)(1) and (b)(2) matches that of Sec. Sec. 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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. Sec. 262.42(c), (c)(1), and (c)(2) is relevant to PCB waste, part 761 does not currently have provisions similar to Sec. Sec. 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 Sec. Sec. 262.42(c), (c)(1), and (c)(2), except for the residue language; there is no provision similar under the PCB regulations for Sec. 261.7 Residues of hazardous waste in empty containers. Also, the 60-day timeframe in Sec. 262.42(c)(2) is not relevant because Sec. 262.42(b) is not relevant to part 761.

      40 CFR 761.215(c), (d), (e), (f)--One-year 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 Sec. Sec. 761.215(a), (b), and Sec. 262.42, and therefore Sec. Sec. 761.215(c), (d), (e), and (f) will be retained and renumbered under Sec. 761.219, which is codified through this rule.

    8. 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: Sec. Sec. 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.

  8. 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

    Page 54830

    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 Sec. 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.

    1. 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-for-profit 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.

    2. 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

      0

      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

      0

      2. Section 761.60 is amended by revising paragraph (j)(1)(vii) to read as follows:

      Sec. 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, Sec. Sec. 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.

      * * * * *

      0

      3. Section 761.65 is amended by revising paragraphs (i)(2) and (i)(4) to read as follows:

      Sec. 761.65 Storage for disposal.

      * * * * *

      (i) * * *

      (2) A laboratory sample is exempt from the manifesting requirements in Sec. Sec. 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 Sec. Sec. 761.210 through 761.213, retain a copy of each manifest, as required under Sec. Sec. 761.213 and 761.214, and follow up on exception reporting, as required under Sec. 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

      0

      4. Section 761.180 is amended by removing and reserving paragraph (a)(2)(viii) to read as follows:

      Sec. 761.180 Records and monitoring.

      * * * * *

      (a) * * *

      (2) * * *

      (viii) Reserved

      * * * * *

      Subpart K--Amended

      0

      5. Section 761.207 is revised to read as follows:

      Page 54831

      Sec. 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 Sec. 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 Sec. 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. 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

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