[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.202]

[Page 678-679]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, 
DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS--Table of Contents
 
            Subpart K--PCB Waste Disposal Records and Reports
 
Sec. 761.202  EPA identification numbers.

    Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.


    (a) General. Any generator, commercial storer, transporter, or 
disposer of PCB waste who is required to have an EPA identification 
number under this subpart must notify EPA of his/her PCB waste handling 
activities, using the notification procedures and form

[[Page 679]]

described in Sec. 761.205. EPA will confirm the EPA identification 
number of facilities already assigned one, and will assign an EPA 
identification number to facilities that do not have one.
    (b) Prohibitions. After June 4, 1990:
    (1) A generator of PCB waste shall not:
    (i) Process, store, dispose of, transport, or offer for 
transportation PCB waste without having received an EPA identification 
number from the Agency. A generator of PCB waste who is exempted from 
notification under Sec. 761.205(c)(1) or who notifies EPA in a timely 
manner under Sec. 761.205(c)(2)(i), but has not yet received a unique 
identification number, shall be regarded as having received from EPA the 
identification number ``40 CFR PART 761.''
    (ii) Offer the PCB waste to transporters, disposers, or commercial 
storers of PCB waste who have not received an EPA identification number.
    (2) A transporter of PCB waste shall not:
    (i) Transport PCB waste without having received an EPA 
identification number from EPA.
    (ii) Deliver PCB waste to transporters, disposers, or commercial 
storers of PCB waste that have not received an EPA identification 
number.
    (3) A commercial storer of PCB waste shall not accept any PCB waste 
for storage without having received an EPA identification number from 
EPA.
    (4) A disposer of PCB waste shall not accept any PCB waste for 
disposal without having received an EPA identification number from EPA. 
A disposer of PCB waste who owns more than one disposal facility or 
mobile treatment unit shall not accept waste unless the disposer has 
received an EPA identification number for each facility or mobile unit.
    (c) PCB waste handled prior to effective date of this subpart. 
Generators (other than generators exempt from notification under 
Sec. 761.205(c)(1)), commercial storers, transporters, and disposers of 
PCB waste who are required to have EPA identification numbers under this 
subpart, and who were engaged in PCB waste handling activities on or 
prior to February 5, 1990, are not subject to the prohibitions of 
paragraph (b) of this section if they have applied for an EPA 
identification number in accordance with the applicable notification 
procedures of Sec. 761.205. Such persons shall use the EPA 
identification number ``40 CFR PART 761,'' or a number assigned to the 
persons by EPA or a State under RCRA, until EPA issues to such persons a 
specific identification number under Sec. 761.205(a), (b), or (c).
    (d) PCB waste first handled after effective date of this subpart. 
Generators (other than generators exempt from notification under 
Sec. 761.205(c)(1)), commercial storers, transporters, and disposers of 
PCB waste who are required to have EPA identification numbers under this 
subpart, and who first engage in PCB waste activities after February 5, 
1990, are subject to the prohibitions in paragraph (b) of this section.