[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: 40CFR761.207]

[Page 681-682]
 
                   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. 761.207  The manifest--general requirements.

    (a) A generator who relinquishes control over PCB wastes by 
transporting, or offering for transport by his own vehicle or by a 
vehicle owned by another person, PCB waste for commercial off-site 
storage or off-site disposal shall prepare a manifest on EPA Form 8700-
22, and if necessary, a continuation sheet. 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.
    (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.
    (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.
    (b) EPA does not maintain supplies of printed copies of Form 8700-22 
for public use, although printed copies of the manifest may be available 
from State offices. Camera-ready copies of the form are available for 
printing purposes from State offices, EPA Regional Offices, and EPA 
Headquarters.
    (c) If the State to which the shipment is manifested (i.e., 
consignment State) supplies the manifest and requires its use, then the 
generator must use that manifest.
    (d) If the consignment State does not supply the manifest, but the 
State in which the generator is located (i.e., generator State) supplies 
the manifest and requires its use, then the generator must use that 
State's manifest.
    (e) If both the consignment State and the generator State supply 
manifests and require their use, the generator must use the consignment 
State's manifest.
    (f) If neither the generator State nor the consignment State 
supplies the manifest, the generator may obtain the manifest from any 
source.
    (g) A generator shall designate on the manifest one off-site 
commercial storage or disposal facility approved under this part for the 
commercial storage or disposal of the PCBs and PCB Items described on 
the manifest.
    (h) If the transporter is unable to deliver the PCB waste to the 
designated disposer or commercial storer, the transporter must contact 
the generator of the PCB waste for instructions. The generator shall 
either designate another approved disposer or commercial storer, or 
instruct the transporter to return the PCB waste back to the generator.
    (i) The manifest which accompanies the PCB waste shall consist of at 
a minimum the number of copies required to provide the generator, the 
initial transporter, each subsequent transporter, and the owner or 
operator of the designated commercial storage or disposal facility with 
one legible copy each for their records, and one additional copy to be 
returned to the generator by the owner or operator of the first 
designated commercial storage or disposal facility.
    (j) 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 [ge]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 <

[[Page 682]]

500 ppm PCBs, or materials decontaminated in accordance with 
Sec. 761.79.

[54 FR 52752, Dec. 21, 1989, as amended at 63 FR 35461, June 29, 1998]