[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: 40CFR761.209]

[Page 684]
 
                   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. 761.209  Retention of manifest    records.

    (a) A generator of PCB waste shall keep a copy of each manifest 
signed in accordance with Sec. 761.208(a)(1) until the generator 
receives a signed copy from the designated commercial storage or 
disposal facility which received the PCB waste. The copy signed by the 
commercial storer or disposer shall be retained for at least 3 years 
from the date the PCB 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).
    (b)(1) A transporter of PCB waste shall keep a copy of the manifest 
signed by the generator, transporter, and the next designated 
transporter, if applicable, or the owner or operator of the designated 
commercial storage or disposal facility. This copy shall be retained for 
a period of at least 3 years from the date the PCB waste was accepted by 
the initial transporter.
    (2) For shipments of PCB waste delivered to the designated 
commercial storage or disposal facility by water (bulk shipment), each 
water (bulk shipment) transporter shall retain a copy of the shipping 
paper described in Sec. 761.208(b)(5)(ii) for a period of at least 3 
years from the date the PCB waste was accepted by the initial 
transporter.
    (3) For shipments of PCB waste by rail within the United States:
    (i) The initial rail transporter shall keep a copy of the manifest 
and the shipping paper required to accompany the PCB waste for a period 
of at least 3 years from the date the PCB waste was accepted by the 
initial transporter.
    (ii) The final rail transporter shall keep a copy of the signed 
manifest, or the required shipping paper if signed by the designated 
facility in lieu of the manifest, for a period of at least 3 years from 
the date the PCB waste was accepted by the initial transporter.
    (c) The owner or operator of a PCB commercial storage or disposal 
facility that receives off-site shipments of PCB waste shall retain at 
the facility for at least 3 years a copy of each manifest or shipping 
paper that the owner or operator signs in accordance with Sec. 761.208 
(c)(1) or (c)(3).
    (d) The periods of record retention required by this section shall 
be extended automatically during the course of any outstanding 
enforcement action regarding the regulated activity.

[54 FR 52752, Dec. 21, 1989, as amended at 58 FR 34205, June 23, 1993]