Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations, 54818-54835 [2012-21674]

Download as PDF 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. TKELLEY on DSK3SPTVN1PROD with RULES 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 https://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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 24hour 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 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: 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). SUMMARY: E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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. 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 https:// 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 https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which TKELLEY on DSK3SPTVN1PROD with RULES DATES: VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 https:// 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 https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// 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 https:// 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 54819 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: E:\FR\FM\06SER1.SGM 06SER1 54820 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations NAICS Description NAICS Code Electric Power Distribution .......................................................... Transportation and Warehousing ............................................... Waste Management and Remediation Services ........................ 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 221122 48–49 562 Examples of potentially affected entities Generators of PCB waste. Transportation of PCB waste. Facilities that manage PCB waste. 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) .............................. 262.20(f) ............................... Designating an alternate facility on the manifest. Manifesting exemption for the transport of waste on a public or private right-of-way within or along the border of contiguous property. 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). 3-year exception report retention requirement for generators. Alternate designated facility is listed as one of the options that the transporter must deliver the waste to. Partial and full load rejection requirements if the waste is rejected while the transporter is on the facility’s premises. 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. Definition of rejected wastes as manifest discrepancies. 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. Facility requirements for preparing a new manifest for full or partial load rejections that are to be sent off-site to an alternate facility. Facility requirements for preparing a new manifest for rejected wastes that must be sent back to the generator. 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. Unmanifested waste report must include the certification signed by the owner, operator, or authorized representative of the facility. 262.23(f) ............................... 262.40(b) .............................. 263.21(a)(2) .......................... 263.21(b)(2) .......................... 264.71(a)(1) .......................... 264.72(a)(2) .......................... 264.72(d) .............................. 264.72(e) .............................. 264.72(f) ............................... 264.72(g) .............................. TKELLEY on DSK3SPTVN1PROD with RULES 264.76(a)(6) .......................... VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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 54821 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 761.207 The manifest—general requirements. 761.207(a) ............................... 761.207(a)(1) ........................... 761.207(a)(2) ........................... 761.207(a)(3) ........................... 262.20 General requirements. 761.207(c) ............................... 761.207(d) ............................... 761.207(e) ............................... 761.207(f) ................................ 761.207(g) ............................... .................................................. 761.207(h) ............................... 262.20(a)(1) ............................ ................................................. ................................................. ................................................. 262.20(a)(2) ............................ 262.21 Manifest tracking numbers, manifest printing, and obtaining manifests. ................................................. ................................................. ................................................. ................................................. 262.20(b) ................................. 262.20(c) ................................. 262.20(d) ................................. .................................................. .................................................. 262.20(e) ................................. 262.20(f) .................................. 761.207(i) ................................ 761.207(j) ................................ 262.22 Number of copies ....... ................................................. TKELLEY on DSK3SPTVN1PROD with RULES 761.207(b) ............................... 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 Description Match (Y/N) Generator requirements .......... PCB specific ........................... PCB specific ........................... PCB specific ........................... ................................................. Supplies of printed copies of 8700–22. Y N N N N N 761.207(a). 761.207(a)(1). 761.207(a)(2). 761.207(a)(3). see description below. 761.208. State requirements ................. State requirements ................. State requirements ................. State requirements ................. Generator requirements .......... Generator requirements .......... Generator and Transporter requirements. Generator requirements .......... Generator and Transporter requirements. Number of Copies ................... PCB specific ........................... N N N N Y N Y see description see description see description see description 761.207(b). 761.207(c). 761.207(d). N N see description below. 761.207(f). Y N 761.209. 761.207(e). 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, PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 New 761 CFR below. below. below. below. § 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 E:\FR\FM\06SER1.SGM 06SER1 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 § 262.22 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). § 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 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 761.208 Use of the manifest. 761.208(a)(1) ......................... 761.208(a)(1)(i) ...................... 761.208(a)(1)(ii) ..................... 761.208(a)(1)(iii) .................... 761.208(a)(1)(iv) .................... 761.208(a)(2) ......................... 761.208(a)(3) ......................... 761.208(a)(3)(i) ...................... 761.208(a)(3)(ii) ..................... 761.208(b)(1) ......................... 761.208(b)(1)(i) ...................... 262.23 Use of the manifest.. 262.23(a) .............................. 262.23(a)(1) .......................... 262.23(a)(2) .......................... 262.23(a)(3) .......................... 262.23(b) .............................. 262.23(c) ............................... 262.23(d) .............................. 262.23(d)(1) .......................... 262.23(d)(2) .......................... 262.23(d)(3) .......................... 262.23(e) .............................. 262.23(f) ............................... ............................................... 263.20 The manifest system.. 263.20(a)(1) .......................... ............................................... 761.208(b)(1)(ii) ..................... ............................................... 761.208(b)(2) ......................... 761.208(b)(3) ......................... 761.208(b)(4) ......................... 761.208(b)(4)(i) ...................... 761.208(b)(4)(ii) ..................... 761.208(b)(4)(iii) .................... 761.208(b)(5) ......................... 761.208(b)(5)(i) ...................... 761.208(b)(5)(ii) ..................... 761.208(b)(5)(iii) .................... TKELLEY on DSK3SPTVN1PROD with RULES 761.208(a)(4) ......................... VerDate Mar<15>2010 16:13 Sep 05, 2012 Description Y Y Y Y Y Y Y Y Y N N N N 761.210(a). 761.210(a)(1). 761.210(a)(2). 761.210(a)(3). 761.210(b). 761.210(c). 761.210(d). 761.210(d)(1). 761.210(d)(2). see description below. see description below. 761.210(e). see description below. Y N 761.211(a)(1). 761.211(a)(1)(i). N 761.211(a)(1)(ii). 263.20(a)(2) .......................... 263.20(a)(3) .......................... 263.20(b) .............................. 263.20(c) ............................... 263.20(d) .............................. 263.20(d)(1) .......................... 263.20(d)(2) .......................... 263.20(d)(3) .......................... 263.20(e) .............................. 263.20(e)(1) .......................... 263.20(e)(2) .......................... 263.20(e)(3) .......................... ............................................... Exception for manifesting if PCB waste is below 50 ppm. Exception for manifesting if transporter is taken to a designated facility that is owned by the generator. Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... N N Y N Y Y Y Y Y Y N Y see description below. see description below. 761.211(b). 761.211(c). 761.211(d). 761.211(d)(1). 761.211(d)(2). 761.211(d)(3). 761.211(e). 761.211(e)(1). 761.211(e)(2). 761.211(e)(3). Jkt 226001 Fmt 4700 Frm 00036 requirements requirements requirements requirements requirements requirements requirements requirements requirements requirements requirements requirements requirements New 761 CFR ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... PO 00000 Generator Generator Generator Generator Generator Generator Generator Generator Generator Generator Generator Generator Generator Match (Y/N) Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54823 TABLE 3—Continued CFR Part 761 Section CFR Parts 262–264 Section 761.208(b)(5)(iv) .................... 761.208(b)(5)(v) ..................... 761.208(b)(6) ......................... 263.20(e)(4) .......................... 263.20(e)(5) .......................... 263.20(f) ............................... 263.20(g) .............................. 263.20(h) .............................. 263.21 Compliance with the manifest. 263.21(a) .............................. 263.21(a)(1) .......................... 263.21(a)(2) .......................... 263.21(a)(3) .......................... 263.21(a)(4) .......................... 263.21(b)(1) .......................... 263.21(b)(2) .......................... 263.21(b)(2)(i) ....................... 263.21(b)(2)(ii) ...................... ............................................... 264.70 Applicability. 264.70(a) .............................. 761.208(b)(7) ......................... 761.208(b)(7)(i) ...................... 761.208(b)(7)(ii) ..................... 761.208(b)(8) ......................... 761.208(b)(9) ......................... 264.70(b) .............................. 264.71 Use of manifest system.. 264.71(a)(1) .......................... 761.208(c)(1) ......................... 264.71(a)(2) .......................... 761.208(c)(1)(i) ...................... 264.71(a)(2)(i) ....................... 761.208(c)(1)(ii) ..................... 264.71(a)(2)(ii) ...................... 761.208(c)(1)(iii) ..................... 264.71(a)(2)(iii) ..................... 761.208(c)(1)(iv) .................... 264.71(a)(2)(iv) ..................... 761.208(c)(1)(v) ..................... 264.71(a)(2)(v) ...................... 264.71(a)(3) .......................... 761.208(c)(2) ......................... 264.71(b) .............................. 761.208(c)(2)(i) ...................... 264.71(b)(1) .......................... 761.208(c)(2)(ii) ..................... 264.71(b)(2) .......................... 761.208(c)(2)(iii) ..................... 264.71(b)(3) .......................... 761.208(c)(2)(iv) .................... 264.71(b)(4) .......................... 761.208(c)(2)(v) ..................... 264.71(b)(5) .......................... 761.208(c)(3) ......................... 264.71(c) ............................... 264.71(d) .............................. TKELLEY on DSK3SPTVN1PROD with RULES 264.71(e) .............................. 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), VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 Description Transporter Transporter Transporter Transporter Transporter Y Y Y N N 761.211(e)(4). 761.211(e)(5). 761.211(f). see description below. see description below. Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... Transporter requirements ..... DOT 49 CFR part 171 .......... Y Y N Y N Y N N N N 761.212(a). 761.212(a)(1). 761.212(a)(2). 761.212(a)(3). see description below. 761.212(b)(1). 761.212(b)(2). 761.212(b)(2)(i). 761.212(b)(2)(ii). 761.212(b)(2)(iii). Designated facility requirements. ............................................... N see description below. N see description below. facility require- N 761.213(a)(1). facility require- Y 761.213(a)(2). facility require- Y 761.213(a)(2)(i). facility require- Y 761.213(a)(2)(ii). facility require- Y 761.213(a)(2)(iii). facility require- Y 761.213(a)(2)(iv). facility require- Y 761.213(a)(2)(v). facility require- N see description below. facility require- Y 761.213(b). facility require- Y 761.213(b)(1). facility require- Y 761.213(b)(2). facility require- Y 761.213(b)(3). facility require- Y 761.213(b)(4). facility require- Y 761.213(b)(5). facility require- N 761.213(c). facility require- N see description below. facility require- N see description below. (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 PO 00000 Frm 00037 New 761 CFR ..... ..... ..... ..... ..... Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. Designated ments. requirements requirements requirements requirements requirements Match (Y/N) Fmt 4700 Sfmt 4700 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) E:\FR\FM\06SER1.SGM 06SER1 TKELLEY on DSK3SPTVN1PROD with RULES 54824 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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). PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06SER1.SGM 06SER1 TKELLEY on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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. VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 54825 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 E:\FR\FM\06SER1.SGM 06SER1 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 761.209 Retention of manifest records. 761.209(a) .............................. 761.209(b)(1) ......................... 761.209(b)(2) ......................... 761.209(b)(3) ......................... 761.209(b)(3)(i) ...................... 761.209(b)(3)(ii) ..................... CFR Parts 262–264 Section Description Match (Y/N) New 761 CFR 263.22 Recordkeeping. 761.209(c) .............................. 262.40(a) .............................. 263.22(a) .............................. 263.22(b) .............................. 263.22(c) ............................... 263.22(c)(1) .......................... 263.22(c)(2) .......................... 263.22(d) .............................. 264.71(a)(2)(v), 264.71(b)(v) Retention requirements ........ Retention requirements ........ Retention requirements ........ Retention requirements ........ Retention requirements ........ Retention requirements ........ 3 year retention requirement 3 year retention requirement N Y Y Y Y Y N Y 761.209(d) .............................. 262.40(b) .............................. 263.22(e) .............................. 3 year retention requirement Retention requirements ........ N Y 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. 761.214(a)(1). 761.214(a)(2). 761.214(b). 761.214(c). 761.214(c)(1). 761.214(c)(2). see description below. 761.213(a)(2)(v), 761.213(b)(5). 761.214(d). 761.214(e). 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. TKELLEY on DSK3SPTVN1PROD with RULES TABLE 5 CFR Part 761 Section CFR Part 264 Section Description 761.210 Manifest discrepancies. 761.210(a) .............................. 761.210(a)(1) ......................... 264.72 Manifest discrepancies. 264.72(a) .............................. 264.72(a)(1) .......................... 264.72(a)(2) .......................... Manifest discrepancies ......... Manifest discrepancies ......... Manifest discrepancies ......... Jkt 226001 Fmt 4700 VerDate Mar<15>2010 16:13 Sep 05, 2012 PO 00000 Frm 00040 Sfmt 4700 Match (Y/N) Y Y N E:\FR\FM\06SER1.SGM New 761 CFR 761.215(a). 761.215(a)(1). 761.215(a)(2). 06SER1 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 761.210(a)(1)(i) ...................... 264.72(a)(3) .......................... 264.72(b) .............................. Manifest discrepancies ......... Manifest discrepancies ......... N Y 761.210(a)(1)(ii) ..................... 264.72(b) .............................. Manifest discrepancies ......... Y 761.210(a)(2) ......................... 761.210(b) .............................. 264.72(b) .............................. 264.72(c) ............................... 264.72(d)(1) .......................... 264.72(d)(2) .......................... 264.72(e) .............................. 264.72(f) ............................... 264.72(g) .............................. Manifest Manifest Manifest Manifest Manifest Manifest Manifest Y Y N N N N N 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. Match (Y/N) discrepancies discrepancies discrepancies discrepancies discrepancies discrepancies discrepancies ......... ......... ......... ......... ......... ......... ......... 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 New 761 CFR see description below. 761.215(a) and 761.215(a)(1). 761.215(a) and 761.215(a)(1). 761.215(b). 761.215(c). 761.215(d)(1). 761.215(d)(2). 761.215(e). 761.215(f). 761.215(g). 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 761.211 Unmanifested waste report. 761.211(a) .............................. 761.211(b) .............................. 761.211(c) .............................. 761.211(c)(1) ......................... 761.211(c)(2) ......................... 761.211(c)(3) ......................... 761.211(c)(4) ......................... 264.76 Unmanifested waste report. 264.76(a) .............................. 264.76(a) .............................. 264.76(a) .............................. 264.76(a)(1) .......................... 264.76(a)(2) .......................... 264.76(a)(3) .......................... 264.76(a)(4) .......................... 264.76(a)(5) .......................... 264.76(a)(6) .......................... 264.76(a)(7) .......................... ............................................... ............................................... ............................................... TKELLEY on DSK3SPTVN1PROD with RULES 761.211(c)(5) ......................... 761.211(c)(6) ......................... 761.211(c)(6)(i) ...................... 761.211(c)(6)(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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 Description Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Unmanifested Waste Waste Waste Waste Waste Waste Waste Waste Waste Waste Waste Waste Waste Match (Y/N) Report Report Report Report Report Report Report Report Report Report Report Report Report 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), PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 N N N Y Y Y Y Y N Y N N N New 761 CFR 761.216(a). 761.216(a). 761.216(a). 761.216(a)(1). 761.216(a)(2). 761.216(a)(3). 761.216(a)(4). 761.216(a)(5). 761.216(a)(6). 761.216(a)(7). 761.216(a)(8). 761.216(a)(8)(i). 761.216(a)(8)(ii). 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. E:\FR\FM\06SER1.SGM 06SER1 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 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). 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 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 262 Section Description 761.215 Exception reporting .. 761.215(a) .............................. 761.215(b) .............................. 761.215(b)(1) ......................... 761.215(b)(2) ......................... TKELLEY on DSK3SPTVN1PROD with RULES CFR Part 761 Section 262.42 Exception reporting. 262.42(a)(1) .......................... 262.42(a)(2) .......................... 262.42(a)(2)(i) ....................... 262.42(a)(2)(ii) ...................... 262.42(b) .............................. 262.42(c) ............................... 262.42(c)(1) .......................... 262.42(c)(2) .......................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. Exception Reporting ............. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. One-year Exception Report .. Jkt 226001 Fmt 4700 761.215(c) .............................. 761.215(c)(1) ......................... 761.215(c)(2) ......................... 761.215(d) .............................. 761.215(d)(1) ......................... 761.215(d)(2) ......................... 761.215(e) .............................. 761.215(e)(1) ......................... 761.215(e)(2) ......................... 761.215(e)(2)(i) ...................... 761.215(e)(2)(ii) ..................... 761.215(e)(2)(iii) .................... 761.215(e)(2)(iv) .................... VerDate Mar<15>2010 16:13 Sep 05, 2012 PO 00000 Frm 00042 Sfmt 4700 Match (Y/N) Y Y Y Y N N N N N N N N N N N N N N N N N E:\FR\FM\06SER1.SGM New 761 CFR 761.217(a)(1). 761.217(a)(2). 761.217(a)(2)(i). 761.217(a)(2)(ii). see description below. 761.217(b). 761.217(b)(1). 761.217(b)(2). 761.219(a). 761.219(a)(1). 761.219(a)(2). 761.219(b). 761.219(b)(1). 761.219(b)(2). 761.219(c). 761.219(c)(1). 761.219(c)(2). 761.219(c)(2)(i). 761.219(c)(2)(ii). 761.219(c)(2)(iii). 761.219(c)(2)(iv). 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 54829 TABLE 7—Continued CFR Part 262 Section Description 761.215(e)(2)(v) ..................... 761.215(f) ............................... TKELLEY on DSK3SPTVN1PROD with RULES CFR Part 761 Section ............................................... ............................................... One-year Exception Report .. One-year Exception Report .. 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 Match (Y/N) N N New 761 CFR 761.219(c)(2)(v). 761.219(d). 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 E:\FR\FM\06SER1.SGM 06SER1 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. TKELLEY on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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. * * * * * PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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: ■ E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations § 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. TKELLEY on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 (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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 54831 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 E:\FR\FM\06SER1.SGM 06SER1 54832 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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: TKELLEY on DSK3SPTVN1PROD with RULES § 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations 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: TKELLEY on DSK3SPTVN1PROD with RULES § 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. VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 54833 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 E:\FR\FM\06SER1.SGM 06SER1 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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; E:\FR\FM\06SER1.SGM 06SER1 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations (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: TKELLEY on DSK3SPTVN1PROD with RULES § 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 VerDate Mar<15>2010 16:13 Sep 05, 2012 Jkt 226001 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 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 54835 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 Office of the Chief Procurement Officer, DHS. ACTION: Final rule; correction. AGENCY: 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 Post- SUMMARY: E:\FR\FM\06SER1.SGM 06SER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[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]


=======================================================================
-----------------------------------------------------------------------

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).

[[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 
https://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 https://www.regulations.gov or email. The https://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 https://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 https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://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 https://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:

[[Page 54820]]



------------------------------------------------------------------------
                                                 Examples of potentially
       NAICS Description           NAICS Code       affected entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.
------------------------------------------------------------------------


[[Page 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 
Sec. Sec.  262.20, 262.21, and 262.22.

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                                       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).

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 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
----------------------------------------------------------------------------------------------------------------
                                    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.

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 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.

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 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.

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 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).

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 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.

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: 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.

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

[[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.

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-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.

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]

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 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 Sec.  
761.79.
    (f) The requirements of this subpart do not apply to the transport 
of PCB wastes on a public or private right-of-way within or along the 
border of contiguous property under the control of the same person, 
even if such contiguous property is divided by a public or private 
right-of-way.

0
6. Section 761.208 is revised to read as follows:


Sec.  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]

0
7. Section 761.209 is revised to read as follows:


Sec.  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.

0
8. Section 761.210 is revised to read as follows:


Sec.  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 Sec.  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 Sec.  
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

[[Page 54832]]

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.

0
9 Section 761.211 is revised to read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with Sec.  
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.

0
10. Section 761.212 is added to read as follows:


Sec.  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 Sec.  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 
Sec.  761.214, and give a copy of the manifest containing this 
information to the rejecting designated

[[Page 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.

0
11. Section 761.213 is added to read as follows:


Sec.  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 Sec.  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 Sec.  
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 (Sec.  761.207).

0
12. Section 761.214 is added to read as follows:


Sec.  761.214  Retention of manifest records.

    (a)(1) A generator must keep a copy of each manifest signed in 
accordance with Sec.  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 Sec.  761.180 
shall retain copies of each manifest for the period required by Sec.  
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 
Sec.  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 Sec.  
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.

0
13. Section 761.215 is revised to read as follows:


Sec.  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

[[Page 54834]]

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 Sec.  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 Sec.  
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 Sec.  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.

0
14. Section 761.216 is added to read as follows:


Sec.  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 Sec.  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;

[[Page 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]

0
15. Section 761.217 is added to read as follows:


Sec.  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 Sec.  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.

0
16. Section 761.219 is added to read as follows:


Sec.  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 Sec.  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

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