EPA intended for the new record keeping requirement to apply retroactively. Records generated during the five-year record retention period only need to be retained for three years as of August 11, 1997, the effective date of the record retention portion of the LDR Phase IV rule.
Thus, if a facility began retaining records pursuant to LDR requirements on August 11, 1994, the facility would have fulfilled the record retention requirement on August 11, 1997. If a facility began retaining LDR records on August 11, 1996, the facility would be required to retain those records for two years after the effective date of the Phase IV rule, and would fulfill the record retention requirement on August 11, 1999 (Section 268.7(a)(8)). The rule changed the record retention period in Section 268.7(a)(8) in order to make the requirements more consistent with other RCRA recordkeeping requirements, specifically the record retention requirements for the manifest system in Section 262.40(a) (62 FR 26004, 26021; May 12, 1997).