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 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
- Why has EPA developed these proposed changes?
EPA is issuing this direct final rule to update and clarify several sections of the Polychlorinated Biphenyl (PCB) regulations associated with manifesting requirements. It will streamline regulations for the safe management of Polychlorinated Biphenyls (PCBs) making it easier for industry to understand and follow PCB manifest regulations. Specifically, it 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).
- What new regulations are involved in this rulemaking?
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)).
- What RCRA manifest regulatory requirements do not exist in the PCB manifest regulations?
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 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.
|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|