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Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations

EPA is proposing to update and clarify several sections of the PCB regulations associated with the manifesting requirements. This will to the greatest extent possible match the manifesting requirements for PCBs under the Toxic Substances Control Act (TSCA) to those of Resource Conservation and Recovery Act (RCRA).

Federal Register - Proposed Rule - September 6, 2012

The docket for this rulemaking is EPA-HQ-RCRA-2011-0524 and can be accessed at Regulations.gov.

The Comment period closed November 5, 2012. No adverse comments on the rule were received, so the direct final rule took effect December 5, 2012.

Federal Register - Direct Final Rule - September 6, 2012

Frequent Questions


 

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) Three-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) Report on unmanifested waste must include the certification signed by the owner, operator, or authorized representative of the facility

 


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