[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR761.215]

[Page 738-739]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 761_POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, 
 
            Subpart K_PCB Waste Disposal Records and Reports
 
Sec.  761.215  Exception reporting.

    (a) A generator of PCB waste, who does not receive a copy of the 
manifest with the handwritten signature of the owner or operator of the 
designated PCB commercial storage or disposal facility within 35 days of 
the date the waste was accepted by the initial transporter, shall 
immediately contact the transporter and/or the owner or operator of the 
designated facility to determine the status of the PCB waste.
    (b) A generator of PCB waste subject to the manifesting requirements 
shall submit an Exception Report to the EPA Regional Administrator for 
the Region in which the generator is located if the generator has not 
received a copy of the manifest with the hand written signature of the 
owner or operator of the designated facility within 45 days of the date 
the waste was accepted by the initial transporter. The exception report 
shall be submitted to EPA no later than 45 days from the date on which 
the generator should have received the manifest. The Exception Report 
shall include the following:
    (1) A legible copy of the manifest for which the generator does not 
have confirmation of delivery.
    (2) A cover letter signed by the generator or his authorized 
representative

[[Page 739]]

explaining the efforts taken to locate the PCB waste and the results of 
those efforts.
    (c) A disposer of PCB waste shall submit a One-year Exception Report 
to the EPA Regional Administrator for the Region in which the disposal 
facility is located no later than 45 days from the end of the 1-year 
storage for disposal date when the following occurs:
    (1) The disposal facility receives PCBs or PCB Items on a date more 
than 9 months from the date the PCBs or PCB Items were removed from 
service for disposal, as indicated on the manifest or continuation 
sheet; and
    (2) Because of contractual commitments or other factors affecting 
the facility's disposal capacity, the disposer of PCB waste could not 
dispose of the affected PCBs or PCB Items within 1 year of the date of 
removal from service for disposal.
    (d) A generator or commercial storer of PCB waste who manifests PCBs 
or PCB Items to a disposer of PCB waste shall submit a One-year 
Exception Report to the EPA Regional Administrator for the Region in 
which the generator or commercial storer is located no later than 45 
days from the date the following occurs:
    (1) The generator or commercial storer transferred the PCBs or PCB 
Items to the disposer of PCB waste on a date within 9 months from the 
date of removal from service for disposal of the affected PCBs or PCB 
Items, as indicated on the manifest or continuation sheet; and
    (2) The generator or commercial storer either has not received 
within 13 months from the date of removal from service for disposal a 
Certificate of Disposal confirming the disposal of the affected PCBs or 
PCB Items, or the generator or commercial storer receives a Certificate 
of Disposal confirming disposal of the affected PCBs or PCB Items on a 
date more than 1 year after the date of removal from service.
    (e) The One-year Exception Report shall include:
    (1) A legible copy of any manifest or other written communication 
relevant to the transfer and disposal of the affected PCBs or PCB Items.
    (2) A cover letter signed by the submitter or an authorized 
representative explaining:
    (i) The date(s) when the PCBs or PCB Items were removed from service 
for disposal.
    (ii) The date(s) when the PCBs or PCB Items were received by the 
submitter of the report, if applicable.
    (iii) The date(s) when the affected PCBs or PCB Items were 
transferred to a designated disposal facility.
    (iv) The identity of the transporters, commercial storers, or 
disposers known to be involved with the transaction.
    (v) The reason, if known, for the delay in bringing about the 
disposal of the affected PCBs or PCB Items within 1 year from the date 
of removal from service for disposal.
    (f) PCB/radioactive waste that is exempt from the 1-year storage for 
disposal time limit pursuant to Sec.  761.65(a)(1) is also exempt from 
the exception reporting requirements of paragraphs (c), (d), and (e) of 
this section.

[54 FR 52752, Dec. 21, 1989, as amended at 55 FR 26205, June 27, 1990; 
58 FR 34205, June 23, 1993; 63 FR 35461, June 29, 1998]