# a copy of each Biennial Report and Exception Report — How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind

For a copy of each Biennial Report and Exception Report, regulation is 40 CFR 262.40; regulator / programme is EPA (RCRA); retention period is a period of at least three years; when the clock starts is from the due date of the report; who it binds is a generator, recorded from its source on 2026-08-11.

- **Regulation:** 40 CFR 262.40 _(verified: appears in the quote below)_
- **Regulator / programme:** EPA (RCRA) _(our reading, not quoted from the source)_
- **Record type:** a copy of each Biennial Report and Exception Report _(verified: appears in the quote below)_
- **Retention period:** a period of at least three years _(verified: appears in the quote below)_
- **When the clock starts:** from the due date of the report _(verified: appears in the quote below)_
- **Who it binds:** a generator _(verified: appears in the quote below)_
- **Exceptions and notes:** the periods of retention are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator

## What the source says

> ( b ) A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report.

## Source

- https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-262/subpart-D/section-262.40

Last verified: 2026-08-11. Review by: 2027-08-11.
Part of [How long federal regulations require records to be kept: retention periods, what starts the clock, and who they bind](https://referencesource.org/record-retention-periods-federal/).