[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Proposed Rules]
[Pages 58730-58762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19305]



[[Page 58729]]

Vol. 86

Friday,

No. 202

October 22, 2021

Part II





Environmental Protection Agency





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40 CFR Part 761





Alternate PCB Extraction Methods and Amendments to PCB Cleanup and 
Disposal Regulations; Proposed Rule

  Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / 
Proposed Rules  

[[Page 58730]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-OLEM-2021-0556; FRL-7122-02-OLEM]
RIN 2050-AH08


Alternate PCB Extraction Methods and Amendments to PCB Cleanup 
and Disposal Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) 
proposes to expand the available options for extraction and 
determinative methods used to characterize and verify the cleanup of 
polychlorinated biphenyls (PCBs) waste under the federal Toxic 
Substances Control Act (TSCA) regulations (also referred to as the PCB 
regulations). These proposed changes are expected to greatly reduce the 
amount of solvent used in PCB extraction processes, thereby conserving 
resources and reducing waste. In addition, the proposed changes are 
expected to result in quicker, more efficient, and less costly 
cleanups, due to greater flexibility in the cleanup and disposal of PCB 
waste, while still being equally protective of human health and the 
environment. EPA also proposes several other amendments to the PCB 
regulations, including the amendment of performance-based disposal 
option for PCB remediation waste; the removal of the provision allowing 
PCB bulk product waste to be disposed as roadbed material; the addition 
of more flexible provisions for cleanup and disposal of waste generated 
by spills that occur during emergency situations (e.g., hurricanes or 
floods); harmonizing the general disposal requirements for PCB 
remediation waste; and making other amendments to improve the 
implementation of the regulations, clarify ambiguity and correct 
technical errors.

DATES: Comments must be received on or before December 21, 2021. Under 
the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before November 22, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0556, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information or other information whose disclosure is restricted by 
statute.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For further information regarding 
specific aspects of this document, contact Jennifer McLeod, Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery, (703) 308-8459; email address: 
[email protected], or Karen Swetland-Johnson, Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery, (703) 308-8421; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This proposed rule potentially affects persons that manufacture, 
process, distribute in commerce, use, or dispose of PCBs. The following 
list of North American Industrial Classification System (NAICS) codes 
is not intended to be exhaustive, but rather provides a guide to help 
readers determine whether this document applies to them. Potentially 
affected entities may include:
     Utilities: Electric power and light companies, natural gas 
companies (NAICS code 22);
     Manufacturers: Chemical manufacturers, electroindustry 
manufacturers, end-users of electricity, general contractors (NAICS 
codes 31-33);
     Transportation and Warehousing: Various modes of 
transportation including air, rail, water, ground, and pipeline (NAICS 
code 48-49);
     Real Estate: People who rent, lease, or sell commercial 
property (NAICS code 53);
     Professional, Scientific and Technical Services: Testing 
laboratories, environmental consulting (NAICS code 54);
     Public Administration: Federal, state, and local agencies 
(NAICS code 92);
     Waste Management and Remediation Services: PCB waste 
handlers (e.g., storage facilities, landfills, incinerators), waste 
treatment and disposal, remediation services, material recovery 
facilities, waste transporters (NAICS code 562);
     Repair and Maintenance: Repair and maintenance of 
appliances, machinery and equipment (NAICS code 811);
    To determine whether your entity is affected by this action, you 
should carefully examine the proposed changes to the regulatory text. 
If you have questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. What action is the Agency taking?

    EPA proposes to expand the list of extraction and determinative 
methods in the PCB regulations (40 CFR part 761); amend the 
performance-based cleanup option for PCB remediation waste under Sec.  
761.61(b); remove the provision allowing PCB bulk product waste to be 
disposed as roadbed material; add more flexible provisions for cleaning 
up spills that occur during emergency situations, such as during a 
hurricane or flood; harmonize the general disposal requirements for PCB 
remediation waste; and make several other amendments to improve the 
implementation of the regulations, clarify ambiguity, and correct 
technical errors and outdated information. In addition to the proposed 
regulatory changes to 40 CFR part 761 included in this notice, EPA has 
also included a redline mark-up of the proposed changes as a supporting 
document in the docket, titled Redline Version of Proposed Revisions to 
40 CFR part 761 (PCB Regulations; NPRM). This transparency will assist 
the public in visualizing what EPA is proposing to change in the 
regulatory text at 40 CFR part 761, by showing what is proposed to be 
added to and removed from the current version of the regulatory text.

C. What is the Agency's authority for taking this action?

    The authority to propose this rule is found in section 6(e)(1) of 
TSCA. Specifically, section 6(e)(1)(A) gives

[[Page 58731]]

EPA the authority to promulgate rules regarding the disposal of PCBs 
(15 U.S.C. 2605(e)(1)(A)).

D. What are the overall economic impacts of this action?

    EPA estimated the costs and benefits of the proposed rule in an 
Economic Assessment, which is available in the docket for this action. 
Overall, EPA estimates that the proposed rule would result in 
quantifiable annual cost savings of approximately $13.5 million to 
$15.2 million (annualized at a discount rate of seven percent).

E. What is the scope of this proposed rule?

    This proposed rule addresses several key issues related to 
implementing the PCB Cleanup and Disposal Program under TSCA, 
including:
Expand Available Extraction Methods
    EPA proposes to add the following extraction methods from SW-846, 
Test Methods for Evaluating Solid Waste, to the PCB regulations in 40 
CFR part 761 for use on solid matrices: Method 3541 (Automated Soxhlet 
Extraction), Method 3545A (Pressurized Fluid Extraction), and Method 
3546 (Microwave Extraction). EPA is also proposing to add the following 
aqueous extraction methods to the PCB regulations: Method 3510C 
(Separatory Funnel Liquid-Liquid Extraction), Method 3520C (Continuous 
Liquid-Liquid Extraction), and Method 3535A (Solid-Phase Extraction). 
The Agency is proposing to incorporate by reference Methods 3541, 
3545A, 3546, 3510C, 3520C, and 3535A into Sec.  761.19.
Remove Ultrasonic Extraction
    EPA proposes to remove SW-846 Method 3550B (Ultrasonic extraction) 
from the PCB regulations in 40 CFR part 761.
Add Determinative Methods
    EPA proposes to add three determinative methods to the PCB 
regulations: SW-846 Method 8082A (Polychlorinated Biphenyls (PCBs) By 
Gas Chromatography); 8275A (Semivolatile Organic Compounds (PAHs And 
PCBs) In Soils/Sludges And Solid Wastes Using Thermal Extraction/Gas 
Chromatography/Mass Spectrometry (TE/GC/MS)); and Clean Water Act (CWA) 
Method 1668C (Chlorinated Biphenyl Congeners in Water, Soil, Sediment, 
Biosolids, and Tissue by HRGC/HRMS).
Amend the Performance-Based Disposal Option Under Sec.  761.61(b)
    EPA proposes to amend the performance-based disposal option for PCB 
remediation waste under Sec.  761.61(b) to include provisions for 
performance-based cleanup such as applicability, cleanup levels, 
verification sampling, recordkeeping and notification requirements. EPA 
is also proposing to add RCRA Subtitle C permitted landfills to the 
list of allowable performance-based disposal options for non-liquid PCB 
remediation waste.
Remove Regulatory Provision Allowing Disposal of PCB Bulk Product Waste 
as Roadbed
    EPA proposes to remove the option in Sec.  761.62(d)(2), which 
allows for disposal of PCB bulk product waste under asphalt as part of 
a roadbed.
Add Flexible Provisions for Emergency Situations
    EPA proposes to add two provisions to the existing PCB Spill 
Cleanup Policy in 40 CFR part 761, subpart G, that would allow for more 
flexible requirements for cleanup of spills caused by and managed in 
emergency situations, such as hurricane or floods. Additionally, EPA is 
proposing to add provisions to allow individuals to request a waiver 
from specific requirements of Sec. Sec.  761.60, 761.61, 761.62, and 
761.65, when necessitated by an emergency situation.
Harmonize General Disposal Requirements for PCB Remediation Waste
    EPA proposes to amend Sec.  761.50(b)(3)(ii) to remove a phrase 
that was added erroneously in 1998, which could imply that waste with 
<50 ppm PCBs that met the definition of PCB remediation waste in Sec.  
761.3 was not regulated for disposal.
Make Changes To Improve Regulatory Implementation
    EPA proposes several supplemental amendments to improve 
implementation of existing requirements, clarify regulatory ambiguity 
and correct technical errors in the PCB regulations.
    More information on each of the above proposed changes can be found 
in Section III, Detailed Discussion of the Proposed Rule.

II. Background

A. General Background on Polychlorinated Biphenyls (PCBs) and This 
Rulemaking

What are PCBs?
    PCBs are a group of man-made organic chemicals known as chlorinated 
hydrocarbons, which consist of carbon, hydrogen and chlorine atoms. 
PCBs were manufactured in the United States from 1929 until fabrication 
was banned in 1979. (As allowed by TSCA, the PCB regulations provide 
for excluded manufacturing processes, as defined in 40 CFR 761.3, which 
include inadvertent generation.) The number of chlorine atoms and their 
location in a PCB molecule determine many of its physical and chemical 
properties. PCBs have no known taste or smell, and range in consistency 
from thin, light-colored liquids to yellow or black waxy solids. Due to 
their non-flammability, chemical stability, high boiling point and 
electrical insulating properties, PCBs were previously used in hundreds 
of industrial and commercial applications including: Electrical, heat 
transfer and hydraulic equipment; plasticizers in paints, plastics and 
rubber products; pigments, dyes and carbonless copy paper; and other 
industrial applications. The PCBs used in these products were chemical 
mixtures made up of a variety of individual chlorinated biphenyl 
components known as congeners. Most commercial PCB mixtures are known 
in the United States by their industrial trade names, the most common 
being Aroclor. Please visit: https://www.epa.gov/pcbs/learn-about-polychlorinated-biphenyls-pcbs for more information.
PCB Exposures and Health Effects 1 2 3
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    \1\ Thomas, Xue, Williams, Jones, and Whitaker. 
``Polychlorinated Biphenyls (PCBs) in School Buildings: Sources, 
Environmental Levels, and Exposures''; Office of Research and 
Development, National Exposure Laboratory; Washington, DC. September 
2012.
    \2\ ATSDR. Toxicological Profile for Polychlorinated Biphenyls 
(PCBs); U.S. Department of Health and Human Services, Public Health 
Service, Agency for Toxic Substances and Disease Registry. November 
2000.
    \3\ ATSDR. Addendum to the Toxicological Profile for 
Polychlorinated Biphenyls; U.S. Department of Health and Human 
Services, Public Health Service, Agency for Toxic Substances and 
Disease Registry. April 2011.
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    PCBs are persistent in the environment and can cause both acute and 
chronic health effects. Short-term exposure to high concentrations of 
PCBs can lead to skin conditions such as acne and rashes and may be 
associated with decreased liver function, neurological effects and 
gastrointestinal effects.

[[Page 58732]]

These high levels of exposure are generally rare in the general 
population. Chronic exposure to lower concentrations of PCBs may also 
cause health effects, as PCBs can accumulate in people over time. In 
animal studies, PCBs have been shown to cause effects on the immune, 
reproductive, nervous, hepatic and endocrine systems. PCBs have also 
been shown to cause cancer in animals. Some studies in humans provide 
supportive evidence for some of these health effects. Studies also show 
that PCBs in pregnant women can affect their children's birth weight, 
short-term memory and learning. Also, because of potential neurotoxic 
and endocrine effects, there is concern regarding children's exposures 
to PCBs.
    PCBs are highly persistent in the environment. As such, they are 
still present in soils and sediments at many locations and may be found 
at low levels in ambient air and water, even decades after banning 
them. PCBs can be released into the environment from hazardous waste 
sites, illegal or improper disposal of industrial wastes and consumer 
products, leaks from old electrical transformers and capacitors 
containing PCBs and burning of some wastes in incinerators, among other 
sources. PCBs bioaccumulate and may be present in foods that people 
consume, such as fish, meat and dairy products. Dietary consumption of 
contaminated foods is believed to be an important route of background 
exposure.
Laws and Regulations
    This proposed rule is issued pursuant to section 6(e) of the Toxic 
Substances Control Act, 15 U.S.C. 2605(e). Section 6(e)(1)(A) gives EPA 
the authority to promulgate rules regarding the disposal of PCBs (15 
U.S.C. 2605(e)(1)(A)). TSCA section 6(e)(2) and (e)(3) generally 
prohibit the manufacture, processing, distribution in commerce and use 
(other than totally enclosed use) of PCBs (15 U.S.C. 2605(e)(2) and 
(e)(3)). TSCA section 6(e)(2)(B) gives EPA the authority to authorize 
the use of PCBs in other than a totally enclosed manner based on a 
finding of no unreasonable risk of injury to health or the environment 
(15 U.S.C. 2605(e)(2)(B)). TSCA section 6(e)(3)(B) provides that any 
person may petition EPA for an exemption from the prohibition on the 
manufacture, processing, and distribution in commerce of PCBs (15 
U.S.C. 2605(e)(3)(B)). EPA may grant an exemption based on findings 
that an unreasonable risk of injury to health or the environment will 
not result, and that the petitioner has made good faith efforts to 
develop a substitute for PCBs.
    The implementing PCB regulations can be found in title 40 of the 
Code of Federal Regulations (CFR) in part 761. For useful 
interpretations of the regulations as well as answers to frequently 
asked questions please visit https://www.epa.gov/pcbs/policy-and-guidance-polychlorinated-biphenyl-pcbs.
Rationale for Updating Portions of the PCB Regulations
    Several developments have occurred in recent years to warrant an 
update to portions of the PCB regulations, including: The emergence of 
new science, advancement of analytical methods and technology, new 
information, and repeated requests from the regulated community to 
address their concerns and areas of confusion.
    EPA is thus proposing several revisions to the PCB regulations to 
better reflect current science and other available new information. 
This rulemaking is expected to ease regulatory burden and costs on the 
regulated community and on EPA by providing greater flexibility while 
maintaining environmental protectiveness in the allowable extraction 
and determinative methods used to characterize and verify the cleanup 
of PCB waste. This rulemaking is also expected to ease regulatory 
burden by improving the implementation of the regulations, clarifying 
ambiguity and correcting technical errors.

B. Assumptions and Terminology Used in Discussion of Various Methods

Sources of the Methods
    There are two important sources of EPA methods related to this 
rulemaking. The first source is SW-846, also known as The Test Methods 
for Evaluating Solid Waste: Physical/Chemical Methods Compendium, which 
is EPA's collection of methods for use in complying with the Resource 
Conservation and Recovery Act (RCRA). SW-846 is organized into chapters 
providing guidance on how to use the methods and groups of methods, 
called ``series,'' which are organized by topic. The methods change 
over time as updates are published to keep up with evolving analytical 
and measurement needs.\4\ The second source is the Clean Water Act 
(CWA) Methods, which are EPA published laboratory methods, or test 
procedures that are used by industries and municipalities, to analyze 
the chemical, physical and biological components of wastewater and 
other environmental samples.\5\ Methods for both SW-846 and CWA go 
through an extensive review and validation process before they are made 
available.
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    \4\ https://www.epa.gov/hw-sw846.
    \5\ https://www.epa.gov/cwa-methods.
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Terminology of the Methods
    EPA would like to avoid confusion with the variety of methods 
discussed, the source of each method, and the numbering of the methods. 
EPA will use streamlined nomenclature in this preamble to improve its 
readability. For example, rather than stating, ``SW-846, Test Methods 
for Evaluating Solid Waste, EPA Method 3540C (Soxhlet Extraction),'' 
EPA will only state ``Method 3540C''. This terminology applies to all 
subsequent sections in this preamble. See Table 1 for a comprehensive 
list of all methods referenced in this document.

                             Table 1--Table of Methods Discussed in This Rulemaking
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                                              Publication
     Source              Method ID               year          Method type       Method name     Proposed change
----------------------------------------------------------------------------------------------------------------
SW-846.........  Method 3510C.............            1996  Extraction......  Separatory        Propose to Add.
                                                                               Funnel Liquid-
                                                                               Liquid
                                                                               Extraction.
SW-846.........  Method 3520C.............            1996  Extraction......  Continuous        Propose to Add.
                                                                               Liquid-Liquid
                                                                               Extraction.
SW-846.........  Method 3535A.............            2007  Extraction......  Solid-Phase       Propose to Add.
                                                                               Extraction
                                                                               (SPE).
SW-846.........  Method 3500B.............            2007  Extraction......  Organic           Propose to
                                                                               Extraction and    Remove
                                                                               Sample            Reference to
                                                                               Preparation.      Method.
SW-846.........  Method 3540C.............            1996  Extraction......  Soxhlet           Remains in
                                                                               Extraction.       regulations.
SW-846.........  Method 3541..............            1994  Extraction......  Automated         Propose to Add.
                                                                               Soxhlet
                                                                               Extraction.
SW-846.........  Method 3545A.............            2007  Extraction......  Pressurized       Propose to Add.
                                                                               Fluid
                                                                               Extraction.
SW-846.........  Method 3546..............            2007  Extraction......  Microwave         Propose to Add.
                                                                               Extraction.

[[Page 58733]]

 
SW-846.........  Method 3550B.............            1996  Extraction......  Ultrasonic        Propose to
                                                                               Extraction.       Remove.
SW-846.........  Method 8082..............            1996  Determinative...  Polychlorinated   Remains in
                                                                               Biphenyls         regulations.
                                                                               (PCBs) by Gas
                                                                               Chromatography.
SW-846.........  Method 8082A.............            2007  Determinative...  Polychlorinated   Propose to Add.
                                                                               Biphenyls
                                                                               (PCBs) by Gas
                                                                               Chromatography.
SW-846.........  Method 8275A.............            1996  Extraction and    Semivolatile      Propose to Add.
                                                             Determinative.    Organic
                                                                               Compounds in
                                                                               Soil/Sludges
                                                                               and Solid
                                                                               Wastes Using
                                                                               Thermal
                                                                               Extraction/Gas
                                                                               Chromatography/
                                                                               Mass
                                                                               Spectrometry
                                                                               (TE/GC/MS).
CWA............  Method 1668C.............            2010  Extraction and    Chlorinated       Propose to Add.
                                                             Determinative.    Biphenyl
                                                                               Congeners in
                                                                               Water, Soil,
                                                                               Sediment,
                                                                               Biosolids, and
                                                                               Tissue by HRGC/
                                                                               HRMS.
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III. Detailed Discussion of the Proposed Rule

A. Expand Available Extraction Methods for PCBs

Background on Extraction Methods for PCBs
    Currently, the only extraction methods explicitly allowed in the 
PCB regulations for solid matrices are Method 3540C (Soxhlet 
Extraction), which is commonly referred to as `Manual Soxhlet 
Extraction,' and Method 3550B (Ultrasonic Extraction). The regulated 
community has long expressed interest in the availability of extraction 
methods at cleanup sites beyond those currently allowed under the PCB 
regulations.\6\ The data on Method 3550B indicate that it has the 
potential to produce unreliable and inconsistent results. For more 
information on this issue, see Section III.B. Remove Ultrasonic 
Extraction (Method 3550B) from the PCB Regulations. Manual Soxhlet 
Extraction was invented in the late 1800s and the original Method 3540C 
was created in 1996. It is a long-standing, effective method for PCBs; 
however, over time it has slowly been replaced by newer methods in both 
EPA and commercial laboratories.\7\ This transition has caused problems 
with the availability of Manual Soxhlet Extraction in EPA and 
commercial laboratories, which could potentially cause delays in 
getting samples extracted and analyzed in a timely matter. In addition, 
Manual Soxhlet Extraction takes 16-24 hours (whereas other methods may 
take only 2-4 hours, or less) to complete the extraction of a limited 
number of samples, which could result in further delays.
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    \6\ Allison D. Foley ``Consolidated Petition on Behalf of USWAG 
Members to Use Automated Soxhlet Extraction (Method 3541) in 
Connection with June 10, 2014 Risk-Based Approvals to Dispose of 
Polychlorinated Biphenyl (PCB) Remediation Waste''; March 2015.
    \7\ M.D. Luque de Castro, L.E. Garc[iacute]a-Ayuso. ``Soxhlet 
extraction of solid materials: An outdated technique with a 
promising innovative future.'' Department of Analytical Chemistry, 
Faculty of Sciences, University of Cordoba. Cordoba, Spain. March 
1998.
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    Although the PCB regulations explicitly allow these extraction 
methods, neither of these methods are applicable to PCB extraction of 
aqueous samples. Method 8082 is currently the only determinative method 
listed in the PCB regulations for extraction from aqueous matrices and 
states that ``[a]queous samples may be extracted at neutral pH with 
methylene chloride using either Method 3510 (separatory funnel), Method 
3520 (continuous liquid-liquid extraction), Method 3535A (solid-phase 
extraction) or other appropriate technique or solvents.''
    EPA proposes to add the following extraction methods to the 40 CFR 
part 761 regulations: Method 3541 \8\ (Automated Soxhlet Extraction), 
Method 3545A \9\ (Pressurized Fluid Extraction), and Method 3546 \10\ 
(Microwave Extraction) for extraction of PCBs from solid matrices; and 
Method 3510C \11\ (Separatory Funnel Liquid-Liquid Extraction), Method 
3520C \12\ (Continuous Liquid-Liquid Extraction), and Method 3535A \13\ 
(Solid-Phase Extraction) for extraction of PCBs from aqueous matrices. 
EPA is also proposing to add determinative methods to the PCB 
regulations at 40 CFR part 761 (see Section III.C. Proposed Updates to 
Determinative Methods for PCBs). Although not explicitly allowable at 
this time for determining PCB concentrations for purposes of the PCB 
disposal and cleanup regulations, these methods are already widely used 
in both EPA and commercial laboratories for PCB extraction under other 
cleanup programs, such as cleanups under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) and 
state-led cleanups. These methods are as accurate as and offer several 
significant benefits over Manual Soxhlet Extraction, including quicker 
sample processing time (a few hours or less compared to 16-24 hours), 
less need for physical space for equipment, reduced solvent use and 
energy savings. Because of these advantages, most EPA and commercial 
labs already use these Methods for extracting PCBs from samples. EPA 
finds, based on reasonably available information, that expanding the 
options for alternative extraction methods in the PCB regulations would 
help the regulated community investigate, clean up and dispose of PCB 
waste more quickly, efficiently, and economically, with results that 
are as accurate as or more accurate than the results using

[[Page 58734]]

3540C. Furthermore, the use of less solvent during the extraction 
procedure would advance Agency priorities on the use of greener 
technologies in cleanup and disposal actions.\14\
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    \8\ U.S. EPA, Method 3541 Automated Soxhlet Extraction. Office 
of Land and Emergency Management, Office of Resource Conservation 
and Recovery, Materials Recovery and Waste Management Division 
(5303P). Washington, DC. EPA-820-R-10-004. September 1994.
    \9\ U.S. EPA, Method 3545A Pressurized Fluid Extraction. Office 
of Land and Emergency Management, Office of Resource Conservation 
and Recovery, Materials Recovery and Waste Management Division 
(5303P). Washington, DC. EPA-820-R-10-004. January 1998.
    \10\ U.S. EPA, Method 3546 Microwave Extraction. Office of Land 
and Emergency Management, Office of Resource Conservation and 
Recovery, Materials Recovery and Waste Management Division (5303P). 
Washington, DC. EPA-820-R-10-004. February 2007.
    \11\ U.S. EPA, Method 3510C Separatory Funnel Liquid-Liquid 
Extraction. Office of Land and Emergency Management, Office of 
Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC. December 1996.
    \12\ U.S. EPA, Method 3520C Continuous Liquid-Liquid Extraction. 
Office of Land and Emergency Management, Office of Resource 
Conservation and Recovery, Materials Recovery and Waste Management 
Division (5303P). Washington, DC. December 1996.
    \13\ U.S. EPA, Method 3535A Solid-Phase Extraction. Office of 
Land and Emergency Management, Office of Resource Conservation and 
Recovery, Materials Recovery and Waste Management Division (5303P). 
Washington, DC. February 2007.
    \14\ https://www.epa.gov/sites/production/files/2015-10/documents/oswer_greencleanup_principles.pdf.
---------------------------------------------------------------------------

    Therefore, EPA proposes to add several additional extraction 
methods to the PCB Regulations, which will allow for more flexibility 
in the allowable extraction methods. See the following section for more 
information on EPA's proposed extraction methods.
Technical Summary of Relevant Extraction Methods
    EPA Method 3540C: Soxhlet Extraction (aka Manual Soxhlet 
Extraction) is currently the primary extraction method used under the 
PCB regulations. When performing a Manual Soxhlet Extraction, the solid 
sample is mixed with anhydrous sodium sulfate, placed in an extraction 
thimble or between two plugs of glass wool, and extracted using an 
appropriate solvent in a Soxhlet extractor. The extract is then dried, 
concentrated (if necessary) and exchanged into a solvent compatible 
with the cleanup or determinative step being employed (if necessary). 
For certain types of matrices, such as non-liquid manufactured 
materials, this method may be the most suitable option to ensure 
effective extraction of PCBs for quantitative analysis.
    EPA Method 3550B: Ultrasonic Extraction (UE) is a method currently 
permissible in the PCB regulations that can be used to extract PCBs 
from solids, such as soils, sludges and wastes. There are two 
procedures in the method depending on the expected concentration of 
organic compounds. Under the low concentration procedure, the sample is 
mixed with anhydrous sodium sulfate to form a free-flowing powder. The 
mixture is extracted with solvent three times, using an ultrasonic 
extractor, which uses pulsing energy to extract the targeted analyte. 
The extract is separated from the sample by vacuum filtration or 
centrifugation. The extract is then ready for final concentration, 
cleanup and/or analysis. Under the medium/high concentration procedure, 
the sample is mixed with anhydrous sodium sulfate to form a free-
flowing powder. The sample is extracted with solvent once, using 
ultrasonic extraction. A portion of the extract is then collected for 
cleanup and/or analysis. Because of the limited contact time between 
the solvent and the sample, Ultrasonic Extraction may not be as 
rigorous as other extraction methods for soils/solids. Therefore, it is 
critical that the method (including the manufacturer's instructions) be 
followed exactly, to achieve the maximum extraction efficiency.
    EPA is proposing to add EPA Method 3546: Microwave Extraction to 
the PCB regulations. This method is known for its relatively brief 
extraction time and low equipment costs. In a microwave extraction, a 
sample is prepared for extraction by grinding it to a powder and then 
loading it into the extraction vessel. The appropriate solvent system 
is added to the vessel, which is then sealed. The extraction vessel 
containing the sample and solvent system is then heated to the 
extraction temperature and is extracted for the amount of time 
recommended by the instrument manufacturer. After the mixture cools, 
the vessel is opened and the contents are filtered. The solid material 
is then rinsed multiple times, and the various solvent fractions are 
combined. Finally, the extract may be concentrated, if necessary, and, 
as needed, exchanged into a solvent compatible with the cleanup or 
determinative procedure to be employed.
    EPA is also proposing to add EPA Method 3545A: Pressurized Fluid 
Extraction (PFE) to the PCB Regulations. When performing a pressurized 
fluid extraction, a sample is prepared for extraction either by air 
drying the sample, or by mixing the sample with anhydrous sodium 
sulfate or pelletized diatomaceous earth. The sample is then ground and 
loaded into an extraction cell. The extraction cell containing the 
ground sample is then heated to the extraction temperature, pressurized 
with the appropriate solvent system, and extracted for the period of 
time recommended by the instrument manufacturer. The solvent is then 
collected from the heated extraction vessel and allowed to cool. 
Finally, the extract may be concentrated, if necessary, and, as needed, 
exchanged into a solvent compatible with the cleanup or determinative 
step being employed.
    EPA Method 3541: Automated Soxhlet Extraction would also become 
permissible for PCB extraction under this proposed rule. This method 
shares many similarities with Manual Soxhlet Extraction (EPA Method 
3540C); however, it takes less time and solvent per sample. When 
performing an Automated Soxhlet Extraction, a moist solid sample (e.g., 
soil/sediment samples) may be air-dried and ground prior to extraction 
or chemically dried with anhydrous sodium sulfate. The prepared sample 
is then extracted using 1:1 acetone: Hexane in the automated Soxhlet 
system.
    EPA is proposing to add EPA Method 3510C: Separatory Funnel Liquid-
Liquid Extraction to the PCB Regulations. This method describes a 
procedure for isolating organic compounds from aqueous samples. The 
method also describes concentration techniques suitable for preparing 
the extract for the appropriate determinative methods. A measured 
volume of sample, usually 1 liter, at a specified pH, is serially 
extracted with methylene chloride using a separatory funnel. The 
extract is dried, concentrated (if necessary), and, as necessary, 
exchanged into a solvent compatible with the cleanup or determinative 
method to be used.
    EPA is also proposing to add EPA Method 3520C: Continuous Liquid-
Liquid Extraction to the PCB Regulations. This method describes a 
procedure for isolating organic compounds from aqueous samples. The 
method also describes concentration techniques suitable for preparing 
the extract for the appropriate determinative steps. Method 3520 is 
designed for extraction solvents with greater density than the sample. 
A measured volume of sample, usually 1 liter, is placed into a 
continuous liquid-liquid extractor, adjusted, if necessary, to a 
specific pH, and extracted with organic solvent for 18-24 hours. The 
extract is dried, concentrated (if necessary), and, as necessary, 
exchanged into a solvent compatible with the cleanup or determinative 
method being employed.
    EPA is also proposing to add EPA Method 3535A: Solid-Phase 
Extraction (SPE) to the PCB Regulations. This is a procedure for 
isolating target organic analytes from aqueous samples using solid-
phase extraction (SPE) media. It describes conditions for extracting a 
variety of organic compounds from aqueous matrices that include 
groundwater, wastewater, and Toxicity Characteristic Leaching Procedure 
(TCLP) leachates. The extraction procedures are specific to the 
analytes of interest and vary by group of analytes and type of 
extraction media.
What is EPA proposing for allowable extraction methods for PCBs?
    As stated above, EPA proposes to add the following extraction 
methods to the 40 CFR part 761 regulations: Method 3541 (Automated 
Soxhlet Extraction), Method 3545A (Pressurized Fluid Extraction), and 
Method 3546 (Microwave Extraction) for extraction of PCBs from solid 
matrices; and Method 3510C (Separatory Funnel Liquid-Liquid 
Extraction), Method 3520C (Continuous Liquid-Liquid Extraction),

[[Page 58735]]

and Method 3535A (Solid-Phase Extraction) for extraction of PCBs from 
aqueous matrices. EPA is also proposing to add Clean Water Act (CWA) 
Method 1668C to the PCB regulations. Since it includes both extraction 
and determinative steps, the discussion of this method is found in 
Section III.C. Proposed Updates to Determinative Methods for PCBs. EPA 
is proposing to allow these methods for use, as applicable, under the 
following subparts of 40 CFR part 761: Subpart D--Storage and Disposal; 
Subpart K--PCB Waste Disposal Records and Reports; Subpart M--
Determining a PCB Concentration for Purposes of Abandonment or Disposal 
of Natural Gas Pipeline: Selecting Sites, Collecting Surface Samples, 
and Analyzing Standard PCB Wipe Samples; Subpart N--Cleanup Site 
Characterization Sampling for PCB Remediation Waste in Accordance with 
Sec.  761.61(a)(2); Subpart O--Sampling to Verify Completion of Self-
Implementing Cleanup and On-Site Disposal of Bulk PCB Remediation Waste 
and Porous Surfaces in Accordance with Sec.  761.61(a)(6); Subpart P--
Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-
site or Off-Site Disposal Under Sec.  761.61(a)(6) and Determination 
Under Sec.  761.79(b)(3); Subpart R--Sampling Non-Liquid, Non-Metal PCB 
Bulk Product Waste for Purposes of Characterization for PCB Disposal in 
Accordance With Sec.  761.62, and Sampling PCB Remediation Waste 
Destined for Off-Site Disposal, in Accordance With Sec.  761.61; and 
Subpart T--Comparison Study for Validating a New Performance-Based 
Decontamination Solvent under Sec.  761.79(d)(4). These proposed 
modifications to the 40 CFR part 761 regulations can be found in the 
regulatory language section towards the end of this notice; the 
specific sections of the 40 CFR part 761 regulations with these 
proposed changes include: Sec. Sec.  761.61(a)(5)(i)(B)(2)(iv), 
761.253, 761.272, 761.292, 761.358, and 761.395.
    EPA's proposal to add Methods 3541, 3545A and 3546 to the PCB 
regulations for extraction of PCBs from solid matrices is based on 
several factors including: Applicability of the method to PCBs, 
frequency of use in EPA and commercial laboratories and existing data 
supporting the effectiveness of the methods.
    EPA proposes to add Method 3541 (Automated Soxhlet Extraction) to 
the PCB regulations because this method has been validated and approved 
by EPA to be included in the SW-846 compendium of test methods for use 
with PCBs. A study titled Intra-Laboratory Recovery Data for the PCB 
Extraction Procedure was performed for the validation of Method 3541, 
which confirms its effectiveness on soils, sediments, sludges and waste 
solids containing levels of 1 to 50 ppm (parts per million) PCBs.\15\ 
As part of this study, multi-laboratory accuracy and precision data 
were obtained for PCBs in soil. Specifically, eight laboratories spiked 
Aroclors 1254 and 1260 into three portions of 10 g of soil on three 
non-consecutive days followed by immediate extraction using Method 
3541. Six of the laboratories spiked each Aroclor at 5 and 50 ppm and 
two laboratories spiked each Aroclor at 50 and 500 ppm. The data 
indicated that Method 3541 is an effective method for extracting PCBs, 
and these data are listed in Table 8 of Method 8082A, and support EPA's 
decision to propose including Method 3541 in the PCB regulations.\16\
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    \15\ Stewart, J. ``Intra-Laboratory Recovery Data for the PCB 
Extraction Procedure''; Oak Ridge National Laboratory, Oak Ridge, 
TN, 37831-6138; October 1981.
    \16\ U.S. EPA, Method 8082A Polychlorinated Biphenyls (PCBs) by 
Gas Chromatography. Office of Land and Emergency Management, Office 
of Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC EPA-820-R-10-004. 
February 2007.
---------------------------------------------------------------------------

    EPA also proposes to add Method 3545A (Pressurized Fluid 
Extraction) to the PCB regulations because this method has been 
validated and approved by EPA to be included in the SW-846 compendium 
of test methods for use with PCBs. A study titled, Single Laboratory 
Method Validation Report. Extraction of TCL/PPL (Target Compound List/
Priority Pollutant List) OPPs, Chlorinated Herbicides and PCBs using 
Accelerated Solvent Extraction (ASE), was performed for the validation 
of Method 3545A, which confirms its effectiveness on solid matrices 
containing 1 to 1400 ppm PCBs.\17\ Extractions of contaminated soil, 
river sediment, sewage sludge and oyster tissue were performed, and 
PCBs were spiked on Fuller's earth (kaolin clay) to determine recovery 
levels. The overall average recovery of PCBs from all matrices 
demonstrated that Method 3545A is equivalent in performance to Method 
3540C. In addition, a comparison study titled, Chemical Analysis of 
Non-Liquid PCBs in Shipboard Solid Materials: Extraction Methods 
Comparison, was done on electrical cables that were previously found to 
contain elevated levels of PCBs.\18\ The results of the study indicated 
that there are generally no significant differences for extractions on 
shipboard solids using either Method 3540C or Method 3545A. These 
methods provided comparable results, which provides additional support 
for EPA's decision to propose including Method 3545A in the PCB 
regulations. Another study titled, PCBs in Older Buildings: Measuring 
PCB Levels in Caulk and Window Glazing Materials in Older Buildings, 
was performed on 36 samples of caulk and glazing materials.\19\ The 
average percent recovery values for Aroclor 1254 in the caulk material 
samples in this study indicate how efficient Method 3545A is for 
extracting high PCB concentrations from caulk and glazing materials. 
The results of these three studies support EPA's decision to propose 
including Method 3545A in the PCB regulations.
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    \17\ B. Richter, Ezzell, J., and Felix, D., ``Single Laboratory 
Method Validation Report. Extraction of TCL/PPL (Target Compound 
List/Priority Pollutant List) OPPs, Chlorinated Herbicides and PCBs 
using Accelerated Solvent Extraction (ASE).'' Document 101124, 
Dionex Corporation, December 2, 1994).
    \18\ George, R. Ph.D., Johnston, R. Ph.D. ``Chemical Analysis of 
Non-Liquid PCBs in Shipboard Solid Materials: Extraction Methods 
Comparison.'' Marine Environmental Support Office-NW, Environmental 
Sciences Branch, January 31, 2008).
    \19\ Osemwengie, L. and Morgan, J., ``PCBs in Older Buildings: 
Measuring PCB Levels in Caulk and Window Glazing Materials in Older 
Buildings.'' U.S. Environmental Protection Agency, National Exposure 
Research Laboratory, Exposure Methods and Measurement Division, 
January 31, 2019).
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    EPA also proposes to add Method 3546 (Microwave Extraction) to the 
PCB regulations because this method has been validated and approved by 
EPA to be included in the SW-846 compendium of test methods for use 
with PCBs. A study titled, Final Evaluation of US EPA Method 3546: 
Microwave Extraction, a Microwave Assisted Process (MAPTM) 
Method for the Extraction of Contaminants Under Closed-Vessel 
Conditions, was performed for the validation of this method, showing 
that it is effective for soils, clays, sediments, sludges and solid 
wastes containing PCBs at levels between 1 to 5,000 ppb ([micro]g/
kg).\20\ Data were obtained for PCBs using sediment, natural soils, 
glass fiber and sand samples in spiked matrices. PCB concentrations 
varied from 0.2 to 10 ppm, and sample extracts were analyzed by Method 
8082A. The recovery data are included in Tables 18-20 of Method 8082A. 
In addition, a study titled, Comparison of Soxhlet Extraction, 
Microwave-Assisted Extraction And Ultrasonic Extraction For The 
Determination Of PCBs Congeners In Spiked Soils By

[[Page 58736]]

Transformer Oil (Askarel), focused on the variation of the extraction 
quantities for each PCB congener (29 PCBs) with three different 
extraction methods (Manual Soxhlet Extraction, Microwave Extraction, 
and Ultrasonic Extraction).\21\ The comparison made between the three 
methods showed that Microwave Extraction is a suitable alternative to 
Manual Soxhlet Extraction for the extraction of PCBs in soils, but 
Ultrasonic Extraction did not give a good recovery. Specifically, the 
recovery efficiency obtained from Ultrasonic Extraction and Microwave 
Extraction were (50.67%-78.27%) on the first extraction and (41.15-
54.40%) on the second extraction, respectively (see Section III.B. 
Proposed Removal or Update of Ultrasonic Extraction (Method 3550B) from 
the PCB Regulations). Lastly, a study titled, Extraction of Organic 
Pollutants from Solid Samples Using Microwave Energy, used Method 3546 
to determine the PCB concentration in two marine sediments, soil, 
freshly spiked topsoil, spiked and aged topsoil, and four soils from a 
Superfund site.\22\ The results for the performance of the method on 
four PCB Aroclors are presented in Table 3 of the study. The recoveries 
of Aroclor 1016 and 1260 were obtained by Microwave Assisted Extraction 
(MAE) and were comparable to or higher than those achieved by the 
conventional extraction techniques (Manual Soxhlet Extraction and 
Ultrasonic Extraction). The method validation study and additional 
studies support EPA's decision to propose including Method 3546 
(Microwave Extraction) in the PCB regulations.
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    \20\ K. Li, J.M.R. B[eacute]langer, M.P. Llompart, R.D. Turpin, 
R. Singhvi, and J.R.J. Par[eacute], ``Final Evaluation of U.S. EPA 
Method 3546: Microwave Extraction, a Microwave Assisted Process 
(MAPTM) Method for the Extraction of Contaminants Under 
Closed-Vessel Conditions,'' Soil and Sediment Contamination, 10 (4), 
375-386 (2001).
    \21\ Halfadji, Ahmed; Touabet Abdelkrim; Badjah-Hadj-Amed, 
Ahmed-Yacine. Comparison of Soxhlet Extraction, Microwave-Assisted 
Extraction and Ultrasonic Extraction for the Determination of PCBs 
Congeners in Spiked Soils by Transformer Oil (Askarel). 
International Journal of Advances in Engineering & Technology. Vol. 
5, Issue 2, pp. 63-75. Jan. 2013.
    \22\ Viorica Lopez-Avila, Richard Young, Janet Benedicto, 
Pauline Ho, and Robert Kim, ``Extraction of Organic Pollutants from 
Solid Samples Using Microwave Energy,'' Midwest Research Institute, 
California (1995).
---------------------------------------------------------------------------

    The extraction effectiveness of Method 3540C (Manual Soxhlet 
Extraction), Method 3541 (Automated Soxhlet Extraction), Method 3545A 
(Pressurized Fluid Extraction), Method 3546 (Microwave Extraction) and 
Method 3550B (Ultrasonic Extraction) on soil containing PCBs was 
compared in: Comprehensive comparison of classic Soxhlet extraction 
with Soxtec extraction, ultrasonication extraction, supercritical fluid 
extraction, microwave assisted extraction and accelerated solvent 
extraction for the determination of polychlorinated biphenyls in 
soil.\23\ An overall comparison among the recoveries obtained for the 
different extraction techniques is shown in Figure 3 of the study. The 
study concluded that most of the extraction techniques can provide 
accurate results (including Methods 3541, 3545A, and 3546) when the 
extraction conditions and procedures are appropriately chosen. In 
conclusion, EPA finds, based on reasonably available information, that 
Methods 3541, 3545A, and 3546 are technically sound methods for the 
extraction of PCBs from solid matrices and provide extraction results 
that are as accurate as or more accurate than the results using the 
Manual Soxhlet Extraction method (Method 3540C).
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    \23\ Sune Sporring, S[oslash]ren B[oslash]wadt, Bo Svensmark, 
Erland Bjorklund. Comprehensive comparison of classic Soxhlet 
extraction with Soxtec extraction, ultrasonication extraction, 
supercritical fluid extraction, microwave assisted extraction and 
accelerated solvent extraction for the determination of 
polychlorinated biphenyls in soil. Journal of Chromatography. July 
2005.
---------------------------------------------------------------------------

    For extraction of PCBs from aqueous matrices, EPA proposes to add 
Method 3510C (Separatory Funnel Liquid-Liquid Extraction), Method 3520C 
(Continuous Liquid-Liquid Extraction), and Method 3535A (Solid-Phase 
Extraction (SPE)) to the PCB regulations to reduce confusion about 
whether these methods (which are currently listed in Method 8082, the 
only determinative method currently listed in the PCB regulations) can 
be used or if an approval is required to use these methods. EPA is 
proposing to add these methods to the PCB regulations because they have 
been validated and approved by EPA to be included in the SW-846: 
Compendium of Test Methods and because they are included in Method 8082 
and 8082A as allowable extraction methods for aqueous matrices. EPA 
finds, based on reasonably available information, that Methods 3510C, 
3520C and 3535A are technically sound methods for the extraction of 
PCBs from aqueous matrices and is requesting comment on the proposed 
addition of these methods to the PCB regulations under the following 
sections: Sec. Sec.  761.61(a)(5)(i)(B)(2)(iv), 761.272, 761.292, 
761.358, and 761.395. Note that these aqueous methods would not be 
added to Sec.  761.253, as it pertains to wipe sampling of surfaces and 
is not applicable to aqueous materials.
    EPA is requesting comment on its proposal to add Method 3541, 
Method 3545A, and Method 3546 to the PCB regulations for extraction of 
PCBs from solid matrices. Additionally, EPA is requesting comment on 
adding Method 3510C, Method 3520C and Method 3535A to the PCB 
regulations for extraction of PCBs from aqueous matrices. EPA also 
requests the submission of any additional data regarding the use of 
these methods on samples containing PCBs.

B. Remove Ultrasonic Extraction (Method 3550B) From the PCB Regulations

Background on This Issue
    EPA Method 3550B (Ultrasonic Extraction) is a method currently 
permissible in the PCB regulations that can be used to extract PCBs 
from solids, such as soils, sludges and wastes. EPA Method 3550C 
(Ultrasonic Extraction) is an updated version of Method 3550B and is 
not currently permissible in the PCB Regulations. For more information 
on the technical aspects of ultrasonic extraction, see Section III.A.2. 
Technical Summary of Relevant Extraction Methods.
    The text in EPA Method 3550B and Method 3550C includes caveats that 
ultrasonic extraction may not be as rigorous as other extraction 
methods and highlights the importance of following the method 
explicitly. By comparison, this issue is generally not mentioned or 
highlighted in other SW-846 methods.\24\ Specifically, Method 3550C 
further emphasizes, beyond what is stated in Method 3550B, the crucial 
importance of conducting the method properly, in line with the 
manufacturer's instructions regarding operational settings.
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    \24\ Section 1.4 of Method 3550C states, ``Because of the 
limited contact time between the solvent and the sample, ultrasonic 
extraction may not be as rigorous as other extraction methods for 
soils/solids. Therefore, it is critical that the method (including 
the manufacturer's instructions) be followed explicitly, in order to 
achieve the maximum extraction efficiency. See Sec. 11.0 for a 
discussion of the critical aspects of the extraction procedure. 
Consult the manufacturer's instructions regarding specific 
operational settings.''
---------------------------------------------------------------------------

    Previous studies done on the extraction efficiency of ultrasonic 
extraction methods have provided inconsistent results. Some studies 
have yielded results from ultrasonic extraction that were equivalent to 
the results from other extraction methods and, in others, ultrasonic 
extraction had a lower extraction efficiency.25 26 For

[[Page 58737]]

example, in a large study, 20 governmental laboratories and 153 
accredited laboratories were provided proficiency samples to extract 
using either ultrasonic extraction or Manual Soxhlet Extraction and the 
results were compared. This study showed that ``results from 
laboratories using Soxhlet extraction were significantly more accurate 
than those obtained using ultrasonic extraction, especially at higher 
concentrations.'' 27 28 The study goes on to state that 
ultrasonic extraction required ``more expertise and care for the method 
to yield accurate results.'' Furthermore, this concern was amplified 
for difficult to extract media, such as caulk and clay materials, where 
PCBs are sorbed to the material such that they are very difficult to 
extract for analysis. Another study tested the effectiveness of several 
extraction methods on soil containing PCBs, including: Method 3540C, 
Method 3541, Method 3545A, Method 3546 and Method 3550B.\29\ This study 
found that using n-hexane/acetone with appropriate choices of 
extraction time and temperature gave nearly identical data for all 
methods tested in the study. The study concluded that all extraction 
techniques tested (including Method 3550B) are capable of providing 
accurate results when the extraction conditions and procedures are 
appropriately chosen.
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    \25\ Halfadji, Ahmed; Touabet Abdelkrim; Badjah-Hadj-Amed, 
Ahmed-Yacine. Comparison of Soxhlet Extraction, Microwave-Assisted 
Extraction and Ultrasonic Extraction for the Determination of PCBS 
Congeners in Spiked Soils by Transformer Oil (Askarel). 
International Journal of Advances in Engineering & Technology. Vol. 
5, Issue 2, pp. 63-75. Jan. 2013.
    \26\ McMillin, Richard; Spencer, David; Gregg, Diane; and 
Nguyen, Neal. Comparison of Five Soil Extraction Techniques for 
Pesticide and Semivolatile Analysis. Waste Testing and Quality 
Assurance Conference. July 1999.
    \27\ Erickson, M.D. Analytical Chemistry of PCBs. CRC Press, 
Inc. 1997.
    \28\ Kimbrough, D.E., R. Chin and J. Wakakuwa. ``Industry-Wide 
Performance in a Pilot Performance Evaluation Sample Program for 
Hazardous Materials Laboratories. 1. Precision and Accuracy of 
Polychlorinated Biphenyls. Environmental Science Technology. Vol. 
26, Issue 11, pp. 2101-2104. 1992.
    \29\ Sune Sporring, S[oslash]ren B[oslash]wadt, Bo Svensmark, 
Erland Bjorklund. Comprehensive comparison of classic Soxhlet 
extraction with Soxtec extraction, ultrasonication extraction, 
supercritical fluid extraction, microwave assisted extraction and 
accelerated solvent extraction for the determination of 
polychlorinated biphenyls in soil. Journal of Chromatography. July 
2005.
---------------------------------------------------------------------------

What is EPA proposing on this issue?
    EPA proposes to remove EPA Method 3550B (Ultrasonic Extraction) 
from the PCB Regulations. EPA is proposing not to include ultrasonic 
extraction methods in the PCB regulations because they do not 
consistently produce reliable results and have a higher potential than 
other methods to be conducted improperly. The PCB regulatory sections 
which would be affected by this proposal include Sec. Sec.  
761.61(a)(5)(i)(B)(2)(iv), 761.253, 761.272, 761.292, 761.358, and 
761.395.
    Previous studies arrived at different conclusions regarding the 
effectiveness of ultrasonic extraction. The level of uncertainty raised 
by these studies causes concerns, especially for difficult to extract 
media, such as caulk and clay materials, where PCBs are sorbed to the 
material such that they are very difficult to extract for analysis. 
Compounding this, the importance of following the method explicitly is 
uniquely highlighted in the ultrasonic extraction methods, suggesting 
that the potential of conducting ultrasonic extraction improperly is 
higher relative to other methods found in SW-846. Therefore, EPA finds, 
based on reasonably available information, that ultrasonic extraction 
is not a reliably effective extraction method and is proposing to 
remove it from the PCB regulations.
    EPA also believes that removing ultrasonic extraction from the PCB 
regulations would not result in increased burden as many laboratories 
do not solely use ultrasonic extraction for PCB samples for several 
reasons, including difficulty in meeting quality assurance/quality 
control (QA/QC) requirements, problems with low recoveries depending on 
the sample matrix, and the fact that Method 3550B may be labor 
intensive relative to other commonly used methods, such as Method 
3545A. In addition, EPA believes that if ultrasonic extraction were 
removed from the PCB regulations, laboratories would likely use other 
extraction methods with associated equipment they likely already have 
available. See the Economic Assessment for a full analysis of the costs 
and cost savings.
    EPA requests comment on the impacts of removing ultrasonic 
extraction from the PCB regulations due to the conflicting data and the 
challenge of conducting this method appropriately to obtain reliable 
results. Any additional information or data regarding the efficiency of 
Methods 3550B and 3550C would help EPA better evaluate them for 
inclusion in the PCBs regulations.

C. Add Determinative Methods for the PCB Regulations

Background on This Issue
    Currently, the PCB regulations list Method 8082 (Polychlorinated 
Biphenyls (PCBs) by Gas Chromatography) as the only determinative 
method for PCB samples.\30\ The only exception in the PCB regulations 
is at Sec.  761.60(g)(1)(iii) where it states that ``[a]ny gas 
chromatographic method that is appropriate for the material being 
analyzed may be used'' and then suggests several optional determinative 
methods.\31\ However, this section in the PCB regulations is restricted 
to samples of mineral oil dielectric fluid (MODEF) and waste oil (see 
Sec. Sec.  761.60(g)(1) and 761.60(g)(2)). Currently, all other samples 
must be analyzed using EPA Method 8082, and any alternative 
determinative method would require EPA approval. In addition, updated 
(i.e., Method 8082A) or modified versions of 8082 may not be used, 
since they are not explicitly stated in the PCB regulations. While EPA 
has not received any significant concerns from the regulated community 
regarding the availability of determinative methods, EPA has 
investigated additional determinative methods to include in this 
rulemaking to provide a greater number of technically sound options for 
the regulated community. Additional determinative methods may reduce 
the administrative burden on the Agency by reducing the number of 
approvals processed for alternative methods.
---------------------------------------------------------------------------

    \30\ U.S. EPA, Method 8082 Polychlorinated Biphenyls (PCBs) By 
Gas Chromatography. Office of Land and Emergency Management, Office 
of Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC. December 1996.
    \31\ The regulatory text at Sec.  761.60(g)(1)(iii) lists the 
following methods: ``. . . EPA Method 608, ``Organochlorine 
Pesticides and PCBs'' at 40 CFR part 136, Appendix A;'' EPA Method 
8082, ``Polychlorinated Biphenyls (PCBs) by Capillary Column Gas 
Chromatography'' of SW-846, ``OSW Test Methods for Evaluating Solid 
Waste,'' which is available from NTIS; and ASTM Standard D-4059, 
``Standard Test Method for Analysis of Polychlorinated Biphenyls in 
Insulating Liquids by Gas Chromatography,'' which is available from 
ASTM.''
---------------------------------------------------------------------------

    Additionally, the previously mentioned methods referenced in Sec.  
761.60(g)(1)(iii) are outdated and EPA believes that they should be 
updated to the most current versions. By updating these method 
references, EPA is not requiring that only the new specifically 
referenced methods be used, as Sec.  761.60(g)(1)(iii) provides that 
``[a]ny gas chromatographic method that is appropriate for the material 
being analyzed may be used.'' EPA believes this update will avoid 
confusion by referencing the most up-to-date methods while still 
allowing flexibility in this regulatory provision.
What is EPA proposing on this issue?
    EPA proposes to add three determinative methods to the PCB 
regulations: Method 8082A (Polychlorinated Biphenyls (PCBs) By Gas 
Chromatography), Method 8275A (Semivolatile Organic Compounds (PAHs And 
PCBs) In Soils/Sludges and Solid Wastes Using Thermal Extraction/Gas 
Chromatography/Mass Spectrometry (TE/GC/MS)), and Method 1668C 
(Chlorinated Biphenyl Congeners in Water, Soil, Sediment, Biosolids and

[[Page 58738]]

Tissue by HRGC/HRMS).32 33 34 The PCB regulatory sections 
affected by this change include Sec. Sec.  761.61(a)(5)(i)(B)(2)(iv), 
761.253, 761.272, 761.292, 761.358, and 761.395.
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    \32\ U.S. EPA, Method 8082A Polychlorinated Biphenyls (PCBs) By 
Gas Chromatography. Office of Land and Emergency Management, Office 
of Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC. February 2007.
    \33\ U.S. EPA, Method 8275A Semivolatile Organic Compounds (PAHs 
And PCBs) In Soils/Sludges and Solid Wastes Using Thermal 
Extraction/Gas Chromatography/Mass Spectrometry (TE/GC/MS). Office 
of Land and Emergency Management, Office of Resource Conservation 
and Recovery, Materials Recovery and Waste Management Division 
(5303P). Washington, DC. December 1996.
    \34\ U.S. EPA, Method 1668 Chlorinated Biphenyl Congeners in 
Water, Soil, Sediment, Biosolids, and Tissue by HRGC/HRMS. Office of 
Land and Emergency Management, Office of Water, Office of Science 
and Technology, Engineering and Analysis Division (4303T). 
Washington, DC. EPA-820-R-10-005. April 2010.
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    As mentioned in the preceding section, EPA also proposes to update 
the outdated referenced methods in Sec.  761.60(g)(1)(iii). EPA Method 
608 would be updated to EPA Method 608.3, and EPA Method 8082 would be 
updated to EPA Method 8082A.\35\
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    \35\ U.S. EPA, Method 608.3 Organochlorine Pesticides and PCBs 
by GC/HSD. Office of Water, Office of Science and Technology, 
Engineering and Analytical Division (4303T). Washington, DC. EPA-
820-R-10-004. December 2016.
---------------------------------------------------------------------------

    EPA proposes to add Method 8082A to the PCB regulations because 
Method 8082A has been validated and included in the SW-846 compendium 
of test methods and Method 8082A is only a minor revision to the method 
(Method 8082) currently allowed in the PCB regulations. Method 8082A 
includes updated references/validation studies, formatting changes and 
other various minor changes, but overall is similar to Method 8082. 
Method 8082A can determine the concentrations of PCBs as Aroclors or as 
individual PCB congeners in extracts from solid, tissue, and aqueous 
matrices, using open-tubular, capillary columns with electron capture 
detectors (ECD) or electrolytic conductivity detectors (ELCD). If 
appropriate sample extraction and cleanup procedures are employed, 
Method 8082A can work for other matrices, such as oils and wipe 
samples. Note that Method 8082A would not replace Method 8082, and that 
both methods would be available in the PCB regulations.
    EPA also proposes to add Method 8275A (Semivolatile Organic 
Compounds (PAHs and PCBs) In Soils/Sludges and Solid Wastes Using 
Thermal Extraction/Gas Chromatography/Mass Spectrometry (TE/GC/MS)) to 
the PCB regulations for several reasons, including the fact that this 
method has been validated and approved by EPA to be included in the SW-
846 compendium of test methods. Method 8275A is a thermal extraction 
capillary GC/MS procedure for the rapid quantitative determination of 
targeted PCBs and PAHs in soils, sludges and solid wastes. The 
validation data presented in the method demonstrates that several PCB 
congeners can be reliably analyzed using this method.\36\ This method 
is different from the other methods because PCBs are extracted, without 
the use of any solvent, by a process of heating a stream of inert gas 
to a temperature that is adequate to desorb the PCBs out of the sample. 
The desorbed PCBs are then fed directly into an analyzer (e.g., GS/MS) 
to determine the PCB concentration. A separate extraction method may 
not be required if using Method 8275A and, since no solvent is used, 
there is less waste produced and fewer cleanup steps involved. EPA 
finds, based on reasonably available information, that Method 8275A is 
appropriate for inclusion in the PCB regulations and since this method 
does not require solvent, it would advance Agency priorities on the use 
of greener technologies.\37\
---------------------------------------------------------------------------

    \36\ Worden, R., ``Method 8275A: Quantitative Addendum For SW-
846 Method 8275'', Research report to the U.S. Environmental 
Protection Agency; Ruska Laboratories, Inc., Houston, TX, 1993.
    \37\ https://www.epa.gov/sites/production/files/2015-10/documents/oswer_greencleanup_principles.pdf.
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    EPA also proposes to add Method 1668C, Chlorinated Biphenyl 
Congeners in Water, Soil, Sediment, Biosolids and Tissue by HRGC/HRMS, 
developed by EPA's Office of Water for use under the Clean Water Act 
(CWA), to the PCB regulations. This method determines PCB congeners in 
environmental samples by isotope dilution and internal standard high-
resolution gas chromatography/high-resolution mass spectrometry (HRGC/
HRMS) for use in wastewater, surface water, soil, sediment, biosolids 
and tissue matrices. Method 1668C is different relative to many methods 
in SW-846, in that it is a comprehensive method where cleanup, 
extraction and determinative steps are all within Method 1668C. In SW-
846, these steps are usually separated into multiple different methods. 
Additionally, Method 1668C allows for certain modifications to be made 
without EPA review provided that all performance criteria are met as 
described within the method. EPA finds, based on reasonably available 
information, that Method 1668C is appropriate for inclusion in the PCB 
regulations because the validation data presented in the method 
demonstrate that several PCB congeners can be reliably analyzed using 
this method.\38\
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    \38\ U.S. EPA, Method 1668A Interlaboratory Validation Study 
Report. Office of Water, Office of Science and Technology, 
Engineering and Analytical Division (4303T). Washington, DC. EPA-
820-R-10-004. March 2010.
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    EPA considered other determinative methods but chose against 
proposing those which were judged to be too broad, too prescriptive, or 
not robust enough to accurately determine the PCB concentration. For 
example, EPA Method 608.3 is prescribed for analyzing only Aroclors, 
which is why it will only be allowed under Sec.  761.60(g)(1)(iii) as 
this section relates to chemical analysis of mineral oil dielectric 
fluid. This method was a concern for PCB remediation waste because 
spilled PCBs become `weathered' over time. The weathering process is 
due to repeated wetting and drying cycles, which causes the PCBs to 
adsorb to the material and degrade into congeners that are different 
from when the PCBs were manufactured as Aroclors. As a result, the PCB 
concentration may not be accurately determined by a method that only 
analyzes for Aroclors. Another example is Method 8270E, which contains 
a limitation that states, ``[i]n most cases, this method is not 
appropriate for the quantitation of multicomponent analytes (e.g., 
polychlorinated biphenyls (PCBs) as Aroclors, technical toxaphene, 
chlordane, etc.) because of limited sensitivity for these analytes or 
potential for measurement bias using gas chromatograph/mass 
spectrometer (GC/MS) technology.'' \39\
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    \39\ U.S. EPA, Method 8270E Semivolatile Organic Compounds by 
Gas Chromatography/Mass Spectrometry. (GC/MS). Office of Land and 
Emergency Management, Office of Resource Conservation and Recovery, 
Materials Recovery Waste Management Division (5303P). Washington, 
DC. June 2018.
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    Other methods considered but not included in today's proposal were 
very general and were designed for `semivolatile' compounds rather than 
specifically for PCB analysis. After reviewing these methods, EPA found 
that the validation studies did not include PCBs and thus EPA is unable 
to determine the effectiveness of these methods for PCB samples. Method 
680 was also considered but this method has not been maintained, 
reviewed, or updated regularly, like those found in the SW-846 
compendium.\40\ As a result, this method is over 30 years old and its

[[Page 58739]]

reliability is unclear. Although EPA is not proposing Method 608.3 
(except for use in the chemical analysis of mineral oil dielectric 
fluids under Sec.  761.60(g)(1)(iii)), Method 8270E, or Method 680, EPA 
notes that a person may either conduct a Subpart Q comparison study or 
submit an appropriate application (i.e., Sec. Sec.  761.61(c), 
761.62(c) or 761.79(h)) requesting to use or modify a determinative 
method for their project.
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    \40\ U.S. EPA, Method 680 Determination of Pesticides and PCBs 
in Water and Soil/Sediment by Gas Chromatography/Mass Spectrometry 
(GC/MS). Office of Research and Development. Cincinnati, OH. 
November 1985.
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    EPA is seeking comment on its proposal to add three determinative 
methods (Method 8082A, Method 1668C, and Method 8275A) to the PCB 
regulations. EPA also requests any additional information that may 
supplement or refute the existing support for EPA's findings for this 
proposal.

D. Revise Performance-Based Disposal Under Sec.  761.61(b)

Background on the Issue
    Currently, there are three options for addressing PCB remediation 
waste, listed in Sec.  761.61 under paragraphs (a), (b) and (c). 
Section 761.61(b) (entitled ``performance-based disposal'') prescribes 
disposal methods for liquid and non-liquid PCB remediation waste but 
does not explicitly require or refer to cleanup requirements or cleanup 
levels in the regulations. Specifically, section 761.61(b) simply 
states that any person disposing of liquid (Sec.  761.61(b)(1)) and 
non-liquid (Sec.  761.61(b)(2)) PCB remediation waste shall do so by 
one of the TSCA-approved disposal methods listed therein. Section 
761.61(b) does not currently include provisions for site cleanup. The 
other PCB remediation waste options in Sec.  761.61 are ``self-
implementing on-site cleanup and disposal of PCB remediation waste'' in 
Sec.  761.61(a) and ``risk-based disposal approval'' in Sec.  
761.61(c). Section 761.61(a) describes in detail the requirements for 
notification, site characterization, cleanup levels, cleanup 
verification, disposal options and more. Section 761.61(c) allows the 
site owner to apply for a risk-based approval to ``sample, cleanup, or 
dispose of PCB remediation waste in a manner other than prescribed in 
paragraphs (a) or (b).'' The language of section 761.61(b) thus does 
not conform to the other two options in that the provision does not 
state the removal requirements of PCB remediation waste at any 
specified concentration nor does it provide for procedures to 
demonstrate that on-site cleanup is complete.
    Prior to this rulemaking, EPA had stated in guidance related to 
Sec.  761.61(b) that to be completely unregulated for disposal off-site 
without an approval from EPA, waste must contain <1 ppm PCBs, and that 
concentration must not be the result of dilution during remediation 
(i.e., by mixing with clean soil during excavation).\41\ Similarly, if 
someone were to use Sec.  761.61(b) for disposal of waste, but leave 
materials on-site > 1 ppm, they would still have TSCA obligations for 
those remaining materials.\42\
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    \41\ PCB Q&A Manual. June 2014. Pg. 91. https://www.epa.gov/sites/production/files/2015-08/documents/qacombined.pdf.
    \42\ https://www.epa.gov/pcbs/managing-remediation-waste-polychlorinated-biphenyls-pcbs-cleanups.
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    While EPA's regulatory text and preamble statements refer to 
Sec. Sec.  761.61(a), (b), and (c) as three alternatives for PCB 
cleanup and disposal, the absence of cleanup provisions, such as 
cleanup levels and sampling requirements, in Sec.  761.61(b) could make 
it challenging for site owners to know when EPA would agree that on-
site cleanup is complete and the site is authorized for use under Sec.  
761.30(u).43 44 Clear regulatory requirements may be 
warranted as EPA estimates that 50 to 60 million kg of PCB remediation 
waste are generated at 430 to 460 sites cleaned up under Sec.  
761.61(b) each year.\45\
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    \43\ The preamble to the 1994 proposed PCB Megarule (59 FR 
62796).
    \44\ 40 CFR 761.61, introductory paragraph.
    \45\ Manifest data from 2018 and 2019 was analyzed to estimate 
the volume of waste and number of sites cleaned up under Sec.  
761.61(b).
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EPA Proposal on This Issue
    EPA proposes to amend Sec.  761.61(b) (performance-based disposal) 
to add performance-based cleanup standards, while maintaining this 
option as one which does not require prior EPA approval and thus 
remains an expedient option for those entities removing PCB remediation 
waste from the site. Specifically, EPA is proposing to amend Sec.  
761.61(b) to include explicit conditions for on-site remediation and 
cleanup of PCB remediation waste. This specification includes: (1) 
Establishing cleanup levels for sites remediated under Sec.  761.61(b) 
performance-based cleanup; (2) limiting applicability of this option to 
sites that are not near sensitive populations or environments; (3) 
verification sampling; (4) recordkeeping requirements; (5) post-cleanup 
notification; and (6) allowing for disposal of PCB remediation waste in 
RCRA Subtitle C permitted landfills. After fulfilling the conditions of 
performance-based cleanup and disposal, the site would then be 
authorized for use under Sec.  761.30(u).
    While the proposed conditions for performance-based cleanup will 
require additional effort on the part of site owners, the proposed 
conditions will also provide site owners confidence that they are 
satisfying the regulatory requirements. As always, failure to properly 
characterize PCBs on site is not a defense for noncompliant cleanup and 
disposal. Liability for ensuring compliance with Sec.  761.61(b), 
performance-based cleanup and disposal, lies with the responsible 
party. In addition, while the revisions to Sec.  761.61(b) are designed 
to be fully self-implementing, if the remediating party has questions 
as to whether its site qualifies to be cleaned up under Sec.  
761.61(b)(1)(i) of this provision, it would be in the remediating 
party's best interest, from a compliance assurance perspective, to 
contact the appropriate EPA Regional PCB Coordinator prior to 
commencing the cleanup and disposal activities. See the EPA PCB website 
for a list of the EPA Regional PCB Coordinators www.epa.gov/pcbs/program-contacts.
    First, EPA proposes to establish cleanup levels for sites 
remediated under a Sec.  761.61(b) performance-based cleanup. 
Currently, the regulations do not reference a specific cleanup level. 
The 1994 preamble provides that Sec.  761.61(b) ``could be used where 
all PCB remediation waste would be removed from the environment, or 
where remediation levels were established elsewhere in these rules.'' 
\46\ In guidance, EPA has interpreted ``all PCB remediation waste'' to 
mean PCB remediation waste at >1 ppm PCBs.\47\
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    \46\ The preamble to the 1994 proposed PCB Megarule (59 FR 
62796).
    \47\ Managing Remediation Waste From Polychlorinated Biphenyls 
(PCBs) Cleanups https://www.epa.gov/pcbs/managing-remediation-waste-polychlorinated-biphenyls-pcbs-cleanups.
---------------------------------------------------------------------------

    Identifying a numerical cleanup level in regulations will help 
responsible parties understand the circumstances under which they could 
expect to have no further cleanup responsibility at the site under 
Sec.  761.61(b). EPA is therefore proposing to incorporate the 
following cleanup levels directly into Sec.  761.61(b): <=1 ppm for 
bulk PCB remediation waste and porous surfaces; the concentrations 
specified in Sec.  761.79(b)(1) and (2) for liquids; and the 
concentrations specified in Sec.  761.79(b)(3) for nonporous surfaces. 
EPA notes that the cleanup levels for liquids and nonporous surfaces 
are already performance-based decontamination standards, so materials 
decontaminated to those levels are authorized for use under Sec.  
761.79 and Sec.  761.30(u). Additionally, the cleanup level for bulk 
remediation waste and

[[Page 58740]]

porous surfaces is already used in Sec.  761.61(a) as the most 
stringent cleanup level (with certain exceptions accommodated in the 
proposal as described below), corresponding to the cleanup level for a 
high occupancy area without further conditions. See proposed Sec.  
761.61(b)(1)(ii).
    Second, EPA proposes an applicability provision be included in the 
Sec.  761.61(b) performance-based cleanup to exclude the provision's 
use at sites with specific characteristics that merit additional 
consideration by EPA. In the 1998 Megarule, EPA established that 
certain types of sensitive environments and populations would not be 
well-served by the cleanup levels prescribed in Sec.  761.61(a)(4) and 
therefore excluded these locations from the applicability of Sec.  
761.61(a). See Sec.  761.61(a)(1). In addition, the regulation 
identifies certain types of sites that, while subject to Sec.  
761.61(a), may call for more stringent cleanup levels. See Sec.  
761.61(a)(4)(vi). Since the proposed performance-based cleanup would 
not require consultation with EPA, EPA proposes a list of objective 
characteristics that would exclude a site from using performance-based 
cleanup standards, which largely mirrors the applicability section in 
Sec.  761.61(a)(1) and the characteristics in Sec. Sec.  
761.61(a)(4)(vi), 761.120(a)(2), and 761.120(d)(2)(iv) of sites that 
may require more stringent cleanup levels or site-specific 
determinations. Additionally, the proposed criteria in Sec.  
761.61(b)(1)(A) exclude sites where PCB remediation waste is found 
within the 100-year floodplain, which would allow EPA to give 
additional consideration to the protection of waterways by handling the 
cleanup through Sec.  761.61(a) and/or Sec.  761.61(c). Responsible 
parties should be able to independently evaluate their site and 
determine whether performance-based cleanup would be applicable. EPA's 
regional PCB Coordinators are available to provide site-specific 
guidance, but such consultation should not be needed to apply the 
regulations to a site.\48\ See proposed Sec.  761.61(b)(1)(i)(A). In 
the event that a responsible party is precluded from using Sec.  
761.61(b) under EPA's proposed applicability criteria, they can choose 
to conduct their cleanup under one of the other two options, i.e., 
Sec. Sec.  761.61(a) or 761.61(c).
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    \48\ Contact information for PCB regional coordinators. https://www.epa.gov/pcbs/program-contacts.
---------------------------------------------------------------------------

    Third, EPA proposes to require verification sampling in accordance 
with the PCB regulations to ensure that the proposed cleanup levels 
have been met. Currently, EPA expects that verification sampling is 
already conducted by responsible parties using Sec.  761.61(b) for site 
cleanup to ensure that PCB remediation waste is removed. Under this 
proposal, EPA is specifying that verification sampling be conducted in 
accordance with Subpart O for bulk PCB remediation waste and porous 
surfaces, Subpart P or Sec.  761.79(b)(3)(i) for nonporous surfaces, 
and Sec.  761.269 for liquid remediation waste. EPA is also proposing, 
similar to the cleanup option under Sec.  761.61(a), that the 
concentration in every required sample analysis result must be below 
the specified cleanup levels for the cleanup to be complete. See 
proposed Sec.  761.61(b)(1)(iii).
    Fourth, EPA is also proposing to incorporate explicit recordkeeping 
requirements into performance-based cleanup. Currently, responsible 
parties using Sec.  761.61(b) are subject to the applicable 
recordkeeping requirements in Sec.  761.180(a) for PCB remediation 
waste shipped off-site. Under the proposed provisions for performance-
based cleanup, responsible parties would need to follow the 
recordkeeping requirements in the PCB Spill Cleanup Policy at Sec.  
761.125(c)(5) in addition to any applicable requirements in Sec.  
761.180(a). These requirements are also required for self-implementing 
cleanups conducted under Sec.  761.61(a) (see Sec.  761.61(a)(9)). Nine 
specific items would be documented in the records, and records would be 
required to be maintained for five years. While the proposed 
requirements would present a small additional burden to responsible 
parties, EPA believes that recordkeeping would benefit responsible 
parties by allowing them to demonstrate to regulators, prospective 
property purchasers, or insurers that site cleanup was completed 
according to the conditions in Sec.  761.61(b). See the Economic 
Assessment for a full analysis of the costs. See proposed Sec.  
761.61(b)(1)(iv).
    Fifth, EPA proposes to incorporate a post-cleanup notification into 
the proposed performance-based cleanup provisions. Under performance-
based cleanup and disposal, sites would be remediated without EPA 
involvement. While EPA understands the value of a site remediation 
option that is self-directed and expedient, it is also reasonable to 
expect that regulators need a way to evaluate performance to ensure the 
conditions, such as cleanup levels, were met. EPA is proposing to 
require responsible parties to send a notification to EPA within 14 
days of the final shipment of waste offsite for disposal. The proposed 
notification would require information about the site and point of 
contact, the disposal facility and waste shipments, and a summary of 
the required records. The notification would also include a 
certification, as defined in Sec.  761.3, from the responsible party. 
This basic notification would only include information that EPA is 
proposing be kept under the recordkeeping provision, and thus should 
not present an additional significant burden on the responsible party. 
See the Economic Assessment and Information Collection Request for 
specific estimates. EPA, state, tribal and local environmental agencies 
could then use the proposed notification as way to maintain oversight.
    Sixth, EPA proposes to add a RCRA Subtitle C landfill disposal 
option for non-liquid PCB remediation waste under Sec.  761.61(b). RCRA 
Subtitle C landfills are already allowed to be used for the disposal of 
bulk PCB remediation waste under Sec.  761.61(a)(5)(i)(B)(2)(iii) and 
for PCB bulk product waste under Sec.  761.62(a)(3). EPA has previously 
stated in the preamble to the final 1998 PCB Disposal Amendments, ``EPA 
added RCRA Subtitle C landfills as a disposal option for PCB bulk 
product waste because they are designed and operated in the same manner 
as TSCA chemical waste landfills.'' \49\ EPA has not received any 
information in the intervening two decades that would suggest 
otherwise. Since EPA has already determined that RCRA Subtitle C 
landfills are protective for bulk product waste, which typically 
contain very high concentrations of PCBs, the Agency finds its proposal 
to extend the use of RCRA Subtitle C landfills for non-liquid PCB 
remediation waste under Sec.  761.61(b) to be reasonable. By adding 
these landfills to the list of allowable disposal options for certain 
PCB remediation wastes, EPA anticipates that the transportation costs 
will decrease, as the distance to the closest allowable disposal option 
diminishes. Furthermore, the disposal cost per ton of non-liquid, 
nonhazardous PCB waste is generally lower at RCRA Subtitle C landfills 
than it is at TSCA chemical waste landfills. See the Economic 
Assessment for more information on the estimated costs. EPA is 
requesting comment on the proposal to add RCRA

[[Page 58741]]

Subtitle C landfills to the list of allowable disposal options for non-
liquid PCB remediation waste under Sec.  761.61(b).
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    \49\ pg 35410: Megarule Preamble. 1998 ``In response to comments 
seeking consistency with PCB remediation waste disposal, EPA added 
RCRA Subtitle C landfills as a disposal option for PCB bulk product 
waste because they are designed and operated in the same manner as 
TSCA chemical waste landfills (see Sec.  761.62(a)(3) of the 
regulatory text). https://www.govinfo.gov/content/pkg/FR-1998-06-29/pdf/98-17048.pdf.
---------------------------------------------------------------------------

    Finally, EPA proposes a change to Sec.  761.125(a)(2) of the PCB 
Spill Cleanup Policy to ensure that the addition of RCRA Subtitle C 
landfills to Sec.  761.61(b) does not affect the Spill Cleanup Policy. 
Currently, the PCB Spill Cleanup Policy calls for disposal of cleanup 
debris and non-liquid materials in accordance with the provisions of 
Subpart D. The only Subpart D disposal options currently available for 
PCB remediation waste managed under the Spill Cleanup Policy are the 
options under Sec.  761.61(b). Under the current language of the Spill 
Cleanup Policy, the proposed addition of RCRA Subtitle C landfills to 
Sec.  761.61(b) would have the effect of adding those landfills as an 
option for disposal under the Spill Cleanup Policy. Expanding the 
disposal options available under the Spill Cleanup Policy is not an 
objective of this rulemaking, and is outside the scope of this 
rulemaking. Therefore, EPA is proposing to revise the language in the 
Policy to specify that only disposal facilities with TSCA approvals 
issued under Subpart D of the PCB regulations may be used for disposal 
of cleanup debris and materials generated under the Spill Cleanup 
Policy. This change to the Spill Cleanup Policy is not substantive; 
rather, it maintains the disposal options currently available under the 
Policy.
    EPA notes that the above proposed changes would not impact a 
responsible party's ability \50\ to pair disposal under Sec.  761.61(b) 
with on-site cleanup under Sec.  761.61(a), proposed Sec.  761.61(b), 
Sec.  761.61(c), or Sec.  761.77 (state-led cleanup under a coordinated 
approval). The proposed regulatory text explicitly preserves the 
ability to use Sec.  761.61(b) solely as a disposal provision. See 
proposed introductory paragraph in Sec.  761.61(b).
---------------------------------------------------------------------------

    \50\ 1994 proposed PCB Disposal Amendments (59 FR 62796).
---------------------------------------------------------------------------

    EPA requests comment on its proposed changes to Sec.  761.61(b), as 
well as how often it is currently being used in comparison to EPA's 
estimate. Additionally, EPA is requesting comment on the option of 
requiring a pre-cleanup notification in Sec.  761.61(b), in addition to 
the proposed changes described above. The pre-cleanup notification 
would include basic information such as name, contact information, site 
location and proximity to areas identified in Sec.  761.61(b)(1)(i), 
initial site characterization, and planned remedial action(s). EPA sees 
value in receiving such a notification in terms of providing EPA with 
an opportunity to conduct compliance assistance, increase public 
transparency, and minimize the need for the use of enforcement tools 
after the cleanup and disposal are complete. EPA also recognizes that 
pre-cleanup notification would pose additional reporting burden and 
that such burden must be balanced with the self-implementing nature of 
Sec.  761.61(b). If a pre-cleanup notification were incorporated into 
Sec.  761.61(b), the responsible party would not be required to wait 
for a response or receive approval from EPA and could begin the planned 
remedial action(s) immediately. EPA requests comment on the impacts of 
a pre-cleanup notification and whether or not to include the 
notification in the final rulemaking.

E. Remove Regulatory Provision Allowing Disposal of PCB Bulk Product 
Waste as Roadbed

Background on the Issue
    EPA established a provision allowing for disposal of PCB bulk 
product waste as roadbed in 1998 (63 FR 35412 (June 29, 1998)). In the 
preamble for that rule, EPA stated that ``[b]ecause these disposal 
options have been restricted to materials that do not leach and because 
other potential routes of exposure have been controlled, EPA has 
concluded that the risk from these disposal options is the practical 
equivalent of disposal in a landfill as required in Sec.  761.62(b)(1), 
and therefore that this risk is not unreasonable.'' Since 1998, the 
assumption that PCBs do not migrate from bulk product waste has been 
proven incorrect in many scenarios.\51\ For example, studies show that 
caulk containing PCBs degrades, releasing PCBs to the air, stormwater, 
and adjacent soil.\52\ Considering these studies, EPA questions whether 
potential leaching of PCBs from bulk product waste used as roadbed 
could lead to environmental releases of PCBs and potential exposures to 
humans and wildlife. As a result, EPA no longer has a basis to support 
the determination of no unreasonable risk of injury to health or the 
environment that the Agency made in 1998. EPA further believes that 
this disposal option is not widely used.
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    \51\ Eero Priha, Sannamari Hellman, Jaana Sorvari, PCB 
contamination from polysulphide sealants in residential areas--
exposure and risk assessment, Chemosphere, Volume 59, Issue 4, 2005, 
Pages 537-543. https://www.sciencedirect.com/science/article/pii/S0045653505001074.
    \52\ Luca Rossi, Luiz de Alencastro, Thomas Kupper, Joseph 
Tarradellas, Urban stormwater contamination by polychlorinated 
biphenyls (PCBs) and its importance for urban water systems in 
Switzerland, Science of The Total Environment, Volume 322, Issues 1-
3, 2004, Pages 179-189. https://www.sciencedirect.com/science/article/pii/S0048969703003619.
---------------------------------------------------------------------------

What is EPA proposing on this issue?
    EPA proposes to remove the option currently provided for in Sec.  
761.62(d)(2) to dispose of PCB bulk product waste under asphalt as 
roadbed because the Agency cannot, at this time, determine the practice 
presents no unreasonable risk of injury to health or the environment. 
EPA further believes that this disposal option is not widely used and 
thus removing it from the regulations is not likely to present 
significant burden to the regulated community. EPA is seeking comment 
on the proposal to remove this option from the regulations. In 
particular, EPA is interested in any concrete information about the use 
of PCB bulk product waste as roadbed, especially reports of specific 
placements indicating that the practice is more widely used than EPA 
believes. EPA is also interested in any studies regarding the potential 
for the release of PCBs from the roadbed.

F. Add Flexible Provisions for Emergency Situations

Background on the Issue
    The TSCA PCB Spill Cleanup Policy was first published on April 2, 
1987 (52 FR 10688), codified at part 761, subpart G, and applies only 
to certain releases of PCBs occurring after May 4, 1987. The TSCA PCB 
Spill Cleanup Policy requires cleanup of PCBs to different levels 
depending upon spill location, the potential for exposure to residual 
PCBs remaining after cleanup, the concentration of PCBs initially 
spilled (high concentration or low), and the nature and size of the 
population potentially at risk of exposure to residual PCBs. Thus, the 
Policy applies the most stringent requirements for PCB spill cleanup to 
non-restricted access areas where there is a greater potential for 
human exposures to spilled PCBs. The Policy applies less stringent 
requirements for cleanup of PCB spills in restricted access areas where 
the nature and degree of human contact present a lower potential for 
significant exposure. Finally, even less stringent requirements apply 
to restricted access areas where there is little potential for human 
exposures (59 FR 62793).
    When the spilled material contains 50 to 500 ppm PCBs and the total 
quantity of material spilled involves less than 1 lb of PCBs, the 
Policy allows for cleanup in accordance with procedural performance 
requirements (i.e., double wash/rinse for solid surfaces and removal of 
visible traces plus a 1-foot lateral boundary for soil and other

[[Page 58742]]

ground media provided that the minimum depth of excavation is 10 
inches) rather than requiring sampling to verify that numerical cleanup 
standards have been met. When the spilled material has greater than 500 
ppm PCBs or the total quantity of material spilled involves more than 1 
lb of PCBs by weight, the Policy provides numerical cleanup standards 
based on the accessibility of the area and the potential for human 
exposure. Post-cleanup sampling is required to verify that the cleanup 
standards have been met. The Policy requires reporting to EPA within 24 
hours for spills that directly contaminate sensitive areas, such as 
drinking water supplies or grazing lands, or where a spill exceeds 10 
pounds of PCBs by weight. See Sec.  761.125(a)(1) for details.
    EPA may allow less stringent or alternative requirements based upon 
site-specific considerations (Sec.  761.120(a)(4)). EPA has used this 
provision to issue storm-specific guidance in Regions 4 and 6 for 
Hurricanes Katrina (2005),\53\ Harvey (2017),\54\ Irma (2017),\55\ 
Florence (2018),\56\ Michael (2018),\57\ Dorian (2019) 58 59 
and Tropical Storm Barry (2019).60 61 Generally, EPA 
extended the time frame for notification and allowed spills to be 
managed based on the as-found concentration for spills directly caused 
by the emergency situation.
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    \53\ Letter from Jesse Baskerville to Mary Davis, Nov 9, 2005. 
Guidance for Addressing Spills from Electrical Equipment [damaged by 
Hurricane Rita or Katrina].
    \54\ Correspondence from James Sales, EPA to Mary Davis. Aug 29, 
2017. PCB Disaster Debris Cleanup Guidance.
    \55\ Memo from Alan Farmer to Barnes Johnson, Sept 8, 2017. EPA 
Region 4 Issuance of Disaster Waste Guidance.
    \56\ Memo from Susan Hansen to Barnes Johnson. Sept 13, 2018. 
EPA Region 4 Issuance of Disaster Waste Guidance.
    \57\ Memo from Susan Hansen to Barnes Johnson. Oct 10, 2018. EPA 
Region 4 Issuance of Disaster Waste Guidance.
    \58\ Memo from John Armstead to Barnes Johnson. Sept 4, 2019. 
EPA Region 3 Issuance of Disaster Waste Guidance.
    \59\ Memo from Carol J. Monell to Barnes Johnson. Sept 3, 2019. 
EPA Region 4 Issuance of Disaster Waste Guidance.
    \60\ Memo from Ronnie Crossland to Barnes Johnson. July 11, 
2019. EPA Region 6 Issuance of Disaster Waste Guidance.
    \61\ Memo from Carol J. Monell to Barnes Johnson. July 18, 2019. 
EPA Region 4 Issuance of Disaster Waste Guidance.
---------------------------------------------------------------------------

    EPA recognizes that issuing the guidance on a case-by-case basis 
can create some inefficiencies. First, since disasters can develop 
without forewarning, they can put pressure on EPA to develop the 
guidance quickly so that it may be distributed to the regulated 
community in time for facilities to use it. Also, the fast-paced nature 
of the response to such events means that entities that could use the 
guidance may not become aware that it was issued in time to use it. 
Finally, due to uncertainty regarding whether a guidance document will 
be issued, it is often challenging for regulated facilities to include 
the flexibilities offered in the EPA guidance into their disaster 
preparation protocols. EPA received comments from industry requesting a 
more standardized set of flexibilities, citing several of these 
reasons.
What is EPA proposing on this issue?
    EPA proposes two independent changes to make the PCB regulatory 
requirements more practical during emergency situations. First, EPA is 
proposing that two additional flexibilities for spills caused by 
emergency situations be added to the PCB Spill Cleanup Policy in 
Subpart G. Second, EPA is proposing to create an option to apply for a 
waiver from various cleanup, storage, and disposal requirements for 
releases caused by emergency situations, when meeting those 
requirements as stated in the regulations would be impracticable. EPA 
is looking for comment on both changes and may finalize either option 
or both options. EPA is also proposing to establish a definition of an 
``emergency situation'' to clarify the applicability of the proposed 
changes.
a. Definition of ``Emergency Situation''
    EPA proposes to add identical definitions of ``emergency 
situation'' to Sec. Sec.  761.3 and 761.123. Specifically, EPA proposes 
to define an emergency situation as adverse conditions caused by 
manmade or natural incidents that threaten lives, property, or public 
health and safety and require prompt responsive action from the local, 
state, tribal, territorial, or federal government. Furthermore, these 
adverse conditions must result in either: (1) A declaration by either 
the President of the United States or governor of the affected state of 
a natural disaster or emergency; or, (2) an incident funded under the 
Federal Emergency Management Agency (FEMA) via a Stafford Act disaster 
declaration or emergency declaration. Examples of emergency situations 
may include civil emergencies or adverse natural conditions, such as 
hurricanes, earthquakes, or tornados. EPA is proposing this definition 
because it is sufficiently broad to capture a wide range of emergencies 
that would be likely to significantly impact the cleanup and disposal 
of PCB waste. At the same time, the definition is contingent upon a 
declaration of emergency from an established authority, which are 
generally made in an objective and timely manner. EPA is seeking 
comment on the proposed definition of an ``emergency situation.'' In 
particular, EPA would like to know if there is a corresponding tribal 
authority able to declare a state of emergency that should be included 
in the definition.
b. Additional Flexibilities Under the Spill Cleanup Policy for Spills 
Caused by Emergency Situations
    In this rulemaking, EPA proposes to expand the existing 
flexibilities in the Spill Cleanup Policy in Subpart G to be available 
in all emergency situations, rather than on a case-by-case basis. 
First, EPA proposes to allow the responsible party to clean up a spill 
caused by an emergency situation (which would be defined in 40 CFR 
761.123, as discussed above) based on the as-found PCB concentration 
when the source concentration cannot readily be determined, as is 
common in emergency situations. Specifically, EPA is proposing to allow 
responsible parties to use the as-found concentration when determining 
whether the spill can be managed under Sec. Sec.  761.125(b) or 
761.125(c) for actions taken directly in response to spills caused by 
emergency situations. To this end, EPA proposes to add ``except where 
authorized in Sec.  761.120(c)'' to the definition of ``spill'' to 
accommodate the proposed flexibility to manage waste at the as-found 
concentration. EPA believes these proposed changes would avoid delays 
associated with searches for the source of the spill during or 
immediately following an emergency situation, where the search is 
likely to be time-consuming and unsuccessful, thereby expediting 
cleanups and reducing any potential exposure more quickly.
    Secondly, EPA proposes to add flexibility to the timeframe for 
completing notification under the Spill Cleanup Policy. Generally, the 
Spill Cleanup Policy specifies that notification be made within 24 
hours after the responsible party was notified or became aware of the 
spill, see Sec.  761.125(a)(1). Under EPA's proposed changes, when the 
Policy is used for cleanup activities undertaken directly in response 
to spills caused by emergency situations, as would be defined in Sec.  
761.123, the policy would extend the timeframe for reporting to seven 
days after the adverse conditions that prevented communication have 
ended. Often in emergencies, communication networks are stretched thin 
and responsible parties may need extra time

[[Page 58743]]

to notify the required entities.\62\ This proposed change would only 
pertain to reporting required under Sec.  761.125(a)(1) that is 
directly impacted by the adverse conditions. There is no need to 
provide for flexibility as to the timeframe for cleanup completion in 
emergency situations because the Spill Cleanup Policy already 
incorporates this flexibility under Sec. Sec.  761.125(b)(2) and 
761.125(c)(1)(vi).
---------------------------------------------------------------------------

    \62\ Planning for Natural Disaster Debris. EPA. April 2019. p. 
66 https://www.epa.gov/sites/production/files/2019-05/documents/final_pndd_guidance_0.pdf.
---------------------------------------------------------------------------

    EPA believes that the proposed flexibilities would not present an 
unreasonable risk of injury to health or the environment under the 
defined emergency situations but rather would result in a net benefit 
in protection of health and the environment, given that they allow 
those conducting the spill response to assess and dispose of waste more 
quickly, and prioritize time-sensitive remedial actions.
c. Waiver From Various Sampling, Extraction, Analysis, Cleanup, 
Storage, and Disposal Requirements in Emergency Situations
    EPA proposes to create an option to apply for a waiver from various 
PCB waste management requirements when necessitated by emergency 
situations. Responsible parties would be able to request a waiver from 
the provisions of Sec. Sec.  761.60, 761.61, 761.62, and 761.65, which 
provide requirements for sampling, extraction, analysis, cleanup, 
storage, and disposal of all types of regulated PCB wastes.
    Cleanup and disposal activities often cannot be initiated promptly 
in emergency situations such as hurricanes, due to necessary emergency 
response actions taking place. EPA recognizes that spills caused by an 
emergency situation may not be discovered or be able to be cleaned up 
until after the emergency ends or until after the initial emergency 
response. EPA regularly negotiates and implements special arrangements 
during emergency situations on a case-by-case basis, which can delay 
implementation of remedial actions. EPA is proposing to modify the PCB 
regulations to allow the person managing the cleanup and/or disposal of 
PCB waste caused by an emergency situation to request waivers from 
applicable PCB sampling, extraction, analysis, cleanup, storage, 
disposal and other regulatory requirements when there is an emergency 
situation and the existing regulatory requirements (e.g., timeframes, 
sampling protocols) are impracticable due to the nature of the 
emergency situation. Due to the varied nature of the emergency 
situations that would be covered by this waiver option, EPA is 
proposing to allow requests that would modify specific requirements 
from a broad swath of the PCB cleanup and disposal regulations. 
Requests would need to be submitted to EPA within seven days of 
discovery of the PCB waste. Under the proposed waiver provisions, EPA 
would individually evaluate each request and would only approve those 
that provide sufficient information to justify modifying select 
requirements upon a determination that the modifications would not 
present an unreasonable risk of injury to health or the environment. 
Successful waiver requests must identify the specific requirements to 
be waived or modified, the adverse conditions caused by the emergency 
situation, why fulfillment of those specific requirements would be 
impracticable and the proposed method of managing the PCB waste in lieu 
of the waived requirements. EPA expects most waivers to be temporary 
with a specified end-date, requiring the recipient of the waiver to 
meet full regulatory requirements after the emergency conditions no 
longer impede the ability to comply. For example, the waiver recipient 
can perform immediate cleanup without fully verifying that cleanup 
levels have been met; however, once the emergency conditions are over, 
the recipient would need to determine whether cleanup levels have been 
met, and perform additional cleanup, if needed. Similarly, EPA intends 
that the disposal options for a given waste will rarely, if ever, be 
modified under the waiver option, as the final disposition of the waste 
is, by nature, permanent and would therefore outlast the adverse 
conditions. EPA is including disposal requirements in the scope of the 
waiver option to accommodate rare or extenuating circumstances, for 
example, the disposal of mixed or partially characterized waste 
streams, where waste stream segregation or full characterization is not 
practicable. Therefore, EPA anticipates that impacts to communities 
near sites where this provision is exercised would be limited in the 
short term and as protective in the long term. See proposed Sec.  
761.66.
    The proposed option allows a person to request a waiver by sending 
site information and a sampling, cleanup, and/or disposal plan that 
describes the requested deviation from the generally applicable 
regulatory requirements to the relevant EPA Regional Administrator. The 
EPA Regional Administrator would review the request and determine 
whether compliance with the regulatory requirements from which a waiver 
is sought is impracticable and whether the action approved under the 
waiver would not pose an unreasonable risk of injury to health or the 
environment. The EPA Regional Administrator could grant or deny such a 
waiver request or may grant the request with changes or conditions 
beyond those described in the waiver request, such as design standards, 
marking, or time limits, and would communicate those conditions to the 
requestor. EPA is considering posting approved waivers publicly on the 
EPA website to promote transparency and awareness of the use of the 
waiver option in the local community. EPA is requesting comment on the 
proposed waiver option, particularly comments on ensuring that the 
waiver option would be used effectively in real-world emergency 
situations without presenting an unreasonable risk of injury to health 
or the environment. EPA is also requesting comment on posting approved 
waivers online, from both the public's and the requestor's 
perspectives.
    Independent of EPA's proposed additions above, EPA notes that Sec.  
761.61 currently ``does not prohibit any person from implementing 
temporary emergency measures to prevent, treat, or contain further 
releases or mitigate migration to the environment of PCBs or PCB 
remediation waste.'' This means that immediate measures may be taken to 
contain PCBs during an emergency situation prior to receiving approval 
from the EPA Regional Administrator as described in Sec.  761.66(b). 
Such examples might include excavating visibly contaminated soil near 
storm drains or removing and storing leaking electrical equipment that 
contains PCB oil before the remaining oil is released to the 
environment.

G. Harmonize General Disposal Requirements for PCB Remediation Waste

Background on This Issue
    In the 1998 PCB Megarule (63 FR 35384), EPA promulgated both the 
definition of PCB remediation waste in Sec.  761.3 and a guide to the 
cleanup and disposal obligations for PCB remediation waste in Sec.  
761.50(b)(3). At the time of the 1998 Megarule, Sec.  761.50(b)(3) 
failed to account for the fact that disposal of PCBs < 500 ppm was not 
regulated between April 18, 1978, (the effective date of the Disposal 
and Marking Rule, which set the 500 ppm threshold) and July 2, 1979 
(the effective date of the PCB Ban Rule,

[[Page 58744]]

which replaced the 500 ppm level with 50 ppm). A technical amendment to 
correct this discrepancy was issued in 1999 (64 FR 33755). The preamble 
text addressed changes made to Sec.  761.50(b)(3)(i), which was amended 
accordingly. Section 761.50(b)(3)(ii) was also amended, presumably to 
correct the same discrepancy for the time between April 18, 1978 and 
July 2, 1979. However, the phrase ``at as-found concentrations >=50 
ppm'' was added to Sec.  761.50(b)(3)(ii) unnecessarily. This addition 
was apparently an error; there is no justification in the preamble for 
the change, and it could be read to cut against the apparent intent to 
better align Sec.  761.50(b)(3) with the definition of PCB remediation 
waste and the general direction in Sec.  761.50(b)(3) that PCB 
remediation waste ``is regulated for cleanup and disposal in accordance 
with Sec.  761.61.''
    In keeping with the regulatory text overall, preamble and guidance 
statements, and interactions with the regulated community, EPA does not 
interpret the ``as found'' language in Sec.  761.50(b)(3)(ii) as 
limiting the cleanup and disposal obligations for PCB remediation waste 
created by releases that occurred on or after the dates referenced in 
that clause, where the as-found PCB concentration is <50 ppm. Rather, 
EPA maintains that all materials that fit the definition of PCB 
remediation waste in Sec.  761.3--including materials which are 
currently at any volume or concentration where the original source was 
>=500 ppm PCBs beginning on April 18, 1978, or >=50 ppm PCBs beginning 
on July 2, 1979--are regulated for cleanup and disposal under Sec.  
761.61. The introductory language to Sec.  761.50(b)(3) provides, 
without exception, that ``PCB remediation waste . . . is regulated for 
cleanup and disposal in accordance with Sec.  761.61.'' EPA has 
published guidance affirming that PCB remediation waste, even if <50 
ppm, is regulated under Sec.  761.61.\63\ EPA has also issued numerous 
risk-based disposal approvals in the past five years that apply only to 
<50 ppm PCB remediation waste.\64\
---------------------------------------------------------------------------

    \63\ PCB Q&A Manual. June 2014. Pg. 49 Q.3 https://www.epa.gov/sites/production/files/2015-08/documents/qacombined.pdf.
    \64\ Nationwide Risk-based PCB Remediation Waste Disposal 
Approvals. https://www.epa.gov/pcbs/nationwide-risk-based-pcb-remediation-waste-disposal-approvals.
---------------------------------------------------------------------------

    In EPA's view, the function of Sec.  761.50(b)(3)(ii) is to clarify 
that PCB remediation waste created by releases that occurred on or 
after the dates referenced in that clause can be managed either in 
accordance with the PCB Spill Cleanup Policy if it meets the criteria 
established in the Policy, as provided in Sec.  761.50(b)(3)(ii)(A); or 
in accordance with Sec.  761.61, as provided in Sec.  
761.50(b)(3)(ii)(B) and the introductory text to Sec.  761.50(b)(3). 
This intention is reflected in the 1998 Megarule preamble, which 
states: ``With regard to sites containing PCB remediation wastes 
generated on or after April 18, 1978, owners or operators of those 
sites now have two choices: They may clean up the wastes in accordance 
with the new Sec.  761.61, or, if applicable, they may cleanup the 
wastes in accordance with EPA's Spill Cleanup Policy, part 761, subpart 
G.''.\65\ (In contrast, the older PCB remediation waste addressed under 
Sec.  761.50(b)(3)(i) is not eligible for management under the Spill 
Cleanup Policy.) Thus, as EPA interprets Sec.  761.50(b)(3)(ii), the 
effect of adding the ``as-found'' limitation to the provision was to 
suggest that PCB remediation waste created by releases that occurred on 
or after the dates referenced in that clause, where the as-found PCB 
concentration is < 50 ppm, is not eligible for management under the 
Spill Cleanup Policy, but only under Sec.  761.61 as provided in the 
introductory text. EPA did not intend to so limit the Policy, which 
applies to the cleanup of certain spills resulting from the release of 
materials containing PCBs >=50 ppm but is not dependent on the as-found 
concentrations of the materials contaminated by such spills.
---------------------------------------------------------------------------

    \65\ Megarule Preamble 63 FR 35402.
---------------------------------------------------------------------------

What is EPA proposing on this issue?
    EPA proposes to change the language in Sec.  761.50(b)(3)(ii) by 
removing the phrase ``at as found concentrations >=50 ppm.'' This 
proposed change would avoid potential confusion over the meaning of 
Sec.  761.50(b)(3)(ii) and make clear, consistent with the regulatory 
text and guidance, that all PCB remediation waste is subject to Sec.  
761.61, and that all qualifying PCB remediation waste can be managed 
under the Spill Cleanup Policy regardless of its as-found 
concentration. Since this regulatory change is in line with current EPA 
policy, guidance, and practice, EPA estimates no net economic impacts 
from this change. EPA is requesting comment on this proposed change. 
See proposed Sec.  761.50(b)(3)(ii).

H. Make Changes To Improve Regulatory Implementation

    EPA proposes several supplemental amendments to improve 
implementation of existing requirements, clarify regulatory ambiguity, 
and correct technical errors in the PCB regulations. EPA requests 
comment on each proposed change listed below.
Medium Density Plastics as Non-Porous Surfaces
    The definition of ``non-porous surface'' in Sec.  761.3 includes 
several examples, including high-density plastics. EPA is proposing to 
modify this definition to include medium-density plastics as an example 
of a non-porous surface. In December 2018, EPA issued an interpretive 
letter to the American Gas Association which found that medium- and 
high-density polyethylene used in natural gas distribution piping meet 
the definition of a ``non-porous surface'' under Sec.  761.3.\66\ EPA 
found that the study titled, Assessment of Polychlorinated Biphenyls 
(PCBs) in Polyethylene (PE) Gas Distribution Piping, conducted by 
NYSEARCH and National Grid, demonstrated that the amount of PCB 
absorption into medium- and high-density polyethylene pipe was minimal, 
and penetration of PCBs beyond the immediate surface was limited.\67\ 
EPA is taking comment on whether the relevant properties of medium-
density polyethylene are representative of medium-density plastics 
generally. See proposed Sec.  761.3.
---------------------------------------------------------------------------

    \66\ Letter from Barnes Johnson to Pamela Lacey. Dec 14, 2018. 
https://www.epa.gov/pcbs/epas-response-letter-aga-regarding-mdpe-and-hdpe-non-porous-surface.
    \67\ JANA on behalf of NYSEARCH NGA. Oct 19, 2018. Assessment of 
Polychlorinated Biphenyls (PCBs) in Polyethylene (PE) Gas 
Distribution Piping. Revision 2.
---------------------------------------------------------------------------

Temporary Storage in Containers at the Site of Generation
    The PCB regulations permit the storage of bulk PCB remediation 
waste in piles at the site of generation for up to 180 days under Sec.  
761.65(c)(9). In response to requests from generators, EPA is proposing 
to allow the use of non-leaking, covered containers under the same 
provision. Waste stored in containers would have to meet all of the 
same criteria as waste stored in piles, and thus would not incur 
additional risk. See proposed Sec.  761.65(c)(9).
Language Modifications for Financial Assurance Instruments
    The PCB regulations at Sec.  761.65(g) currently require commercial 
storers of PCB waste to establish financial assurance for closure of 
PCB storage facilities by choosing from financial assurance mechanisms 
in the RCRA regulations under 40 CFR part 264. Part 264 includes 
prescribed language that must be included in each type of

[[Page 58745]]

financial instrument. Some variation from the RCRA instrument wording 
may be necessary for the purposes of effectuating the financial 
assurance requirements under TSCA. EPA is proposing to allow the 
Regional Administrator (RA) the flexibility to modify the language 
required in financial assurance instruments for the purposes of 
implementation under TSCA. These proposed changes would allow the RA to 
request modification to the terms of those instruments to account for 
the fact that they are being used to fulfill a financial assurance 
obligation under TSCA; for example, changes to the instrument wording 
so that references to RCRA may be replaced with references to TSCA, or 
changes to the instruments to better comport with the legal authorities 
under, and applicable to, TSCA. The proposed changes must be made 
throughout Sec.  761.65(g), once for each of the financial instruments. 
See proposed Sec. Sec.  761.65(g)(1), 761.65(g)(1)(iv), 761.65(g)(2), 
761.65(g)(3)(i), 761.65(g)(4)(i), 761.65(g)(5), 761.65(g)(6), and 
761.65(g)(7).
Remove Manifest Tracking Numbers From Annual Reports
    EPA proposes to remove the provision at Sec.  761.180(b)(3)(ii) 
requiring owners or operators of PCB disposal facilities or commercial 
storage facilities to record, as part of their logs, lists of manifest 
tracking numbers (MTNs) of signed PCB manifests either received by or 
generated at the facility for purposes of annual reporting. As of June 
30, 2018, receiving facilities must submit final, signed manifests to 
EPA's hazardous waste electronic manifest (e-Manifest) system. Since 
PCB manifests can now be obtained from the e-Manifest system, EPA no 
longer needs this information to be submitted as part of the annual 
reporting requirement. In place of the aforementioned requirement, EPA 
would mark Sec.  761.180(b)(3)(ii) as ``[Reserved].'' See proposed 
Sec.  761.180(b)(3)(ii).
Mandatory Form for Annual Reports
    EPA proposes to modify how the annual report information is 
submitted to the Agency. While Sec.  761.180(b)(3) describes the 
information EPA requires in the annual report, it does not specify a 
format. This lack of clarity has led to confusion on the part of both 
EPA and the regulated entities. EPA is proposing to require a standard 
form be used for the submission of annual reports. Use of the form 
would standardize the format and improve the data quality, allowing EPA 
to process the reports in less time. The form will also reduce 
reporting burden on some members of the regulated community who submit 
much more than the required information, such as facilities that send 
copies of every manifest instead of every manifest tracking number. 
Furthermore, the instructions for the form would clarify EPA's 
expectations; for example, facilities should report ``zero'' in all 
categories for which they did not manage PCB waste in that calendar 
year. At present, many facilities omit categories, making it unclear as 
to whether this is an oversight or a determination that the categories 
do not pertain to them.
PCB Waste Categories on the Manifest
    EPA proposes to revise the categories of PCB waste specified by the 
generator on the manifest to match the categories of PCB waste 
specified by the commercial storer or disposer in the annual document 
log and annual report. Harmonizing these PCB waste categories would 
streamline recordkeeping for commercial storers and disposers, while 
imposing negligible burden on the generators. Currently, Sec.  
761.207(a) requires PCB waste to be listed on the manifest as either 
``bulk PCBs,'' ``PCB Article Container or PCB Container,'' or ``PCB 
Article not in a PCB Container or PCB Article Container.'' EPA is 
proposing to modify Sec.  761.207(a) to list the five categories from 
Sec.  761.180(b)(3)(iii) through (vi). If finalized, the categories in 
Sec.  761.207(a) would be ``bulk PCBs,'' ``PCB Transformers,'' ``PCB 
Large High or Low Voltage Capacitors,'' ``PCB Article Containers,'' and 
``PCB Containers.'' \68\ The requirements for supporting data (unique 
identification number, weight in kilograms, date removed from service) 
would remain the same. EPA is also proposing to remove references to 
instructions in the Appendix of Part 262 because the instructions were 
recently removed from it and are available on EPA's website.\69\
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    \68\ While the text in Sec.  761.180(b)(3)(iii) through (vi) is 
of the format ``PCB waste in PCB Containers,'' due to limited space 
in Box 14 of the manifest form, EPA chose to simplify the language 
to ``PCB Containers'' or similar.
    \69\ https://www.epa.gov/hwgenerators/uniform-hazardous-waste-manifest-instructions-sample-form-and-continuation-sheet.
---------------------------------------------------------------------------

Define ``As-Found Concentration''
    EPA proposes to add a definition of ``as-found concentration'' to 
Sec.  761.3. ``As-found concentration'' is used in the PCB regulations 
particularly in reference to PCB remediation waste (Sec. Sec.  
761.50(b) and 761.61). The proposed language clarifies that the as-
found concentration must be measured from samples collected in-situ, 
unless otherwise specifically provided. Existing accumulations, as 
described in Sec.  761.340(a) would be one such exception. Often, ex-
situ sampling reduces the concentration of PCBs in environmental media 
through dilution.
    The proposed definition would provide that ``As-found concentration 
means the concentration measured in samples of environmental media or 
material collected in-situ (i.e. prior to being moved or disturbed for 
cleanup and/or disposal), unless otherwise specifically provided. For 
example, soils must not be disturbed, nor may they be diluted (e.g., 
excavated, placed on a pile, and sampled after such placement) before 
characterization sampling is conducted. Sampling media in piles and 
existing accumulations would be considered ``as-found'' if the media 
were already in piles when the site was first visited by the 
responsible party, such as during the redevelopment of abandoned 
properties with historic PCB contamination. The as-found concentration 
is distinct from the source concentration, which is the concentration 
of the PCBs in the material that was originally spilled, released, or 
otherwise disposed of at the site.''
Clarify Sec.  761.61(a) Cleanups Must Comply With All Applicable 
Requirements
    EPA proposes to clarify that responsible parties must ensure that 
notifications submitted under Sec.  761.61(a) comply with all 
requirements of Sec.  761.61(a)(3)(i) in order to proceed without EPA 
approval 30 days after submission to EPA. EPA is also proposing to add 
language clarifying that the subsequent cleanup and disposal must 
comply with all applicable requirements in Sec.  761.61(a)(4) through 
(9).
    The regulations at Sec.  761.61(a) establish a 30-day time frame 
for EPA to review and react to self-implementing cleanup notifications. 
If the Agency does not respond within 30 days of receiving the 
notification, the person may proceed with cleanup and disposal in 
accordance with the information in the submitted notification. This 
provision, as currently written, equates EPA's silence over the 30-day 
period with a determination by EPA that the notification is complete 
and accurate. EPA believes that the responsible party should be 
responsible for verifying completeness and accuracy of the 
notification.
    EPA is proposing to remove the section of text that states the 
responsible party may assume that the notification

[[Page 58746]]

is complete and acceptable if the Agency does not respond within 30 
days. The responsible party may still proceed with the cleanup if the 
Agency does not respond within 30 days. However, if upon review EPA 
determines that the notification does not contain all of the 
information required by Sec.  761.61(a)(3)(i), sufficient to ensure 
compliance with Sec.  761.61(a)(4) through (9) at the site, the Agency 
may require the submission of additional information. Furthermore, 
regardless of the content of the notification, the proposed language 
states that the cleanup and disposal must meet all requirements of 
Sec.  761.61(a)(4) through (9). If the applicant has reason to believe 
their implementation of Sec.  761.61(a) may not satisfy the regulatory 
requirements, it would be in their best interest, from a compliance 
assurance perspective, to contact the appropriate EPA Regional PCB 
Coordinator prior to the end of the 30-day period (or earlier) or at 
least prior to commencing the cleanup and disposal activities. See the 
EPA PCB website for a list of the EPA Regional PCB Coordinators 
www.epa.gov/pcbs/program-contacts. See proposed Sec.  761.61(a)(3)(ii).
Harmonize PCB Concentration Language Regarding Cap Material
    EPA proposes to correct a remediation waste cap requirement to 
provide consistency with the rest of the PCB regulations. Currently, 
Sec.  761.61(a)(7) requires that ``a cap shall not be contaminated at a 
level >=1 ppm PCB per Aroclor\TM\ (or equivalent) or per congener.'' 
EPA is proposing to delete ``per Aroclor\TM\ (or equivalent) or per 
congener'' to make this requirement consistent with the rest of the PCB 
regulations. A PCB congener is a single version of the PCB molecule, 
with a number of chlorine atoms attached to the benzene rings in 
different configurations. Theoretically, there are 209 PCB congeners 
possible.\70\ Aroclors are mixtures of PCB congeners that were 
manufactured between 1929 and 1979; there are sixteen known 
Aroclors.\71\
---------------------------------------------------------------------------

    \70\ https://www.epa.gov/pcbs/table-polychlorinated-biphenyl-pcb-congeners.
    \71\ https://www.epa.gov/pcbs/table-aroclors.
---------------------------------------------------------------------------

    Other than this paragraph, the regulations only specify 
requirements or restrictions based on PCB concentrations, rather than 
PCB congener concentrations or PCB Aroclor concentrations. The PCB 
regulations at Sec.  761.1(b)(2) state ``Unless otherwise provided, 
PCBs are quantified based on the formulation of PCBs present in the 
material analyzed,'' which means that when PCBs are present as 
Aroclors, e.g., in PCB transformer oil, they should be measured and 
reported as Aroclors. When PCBs are present as congeners, e.g., in 
weathered environmental samples, they should be measured and reported 
as congeners. Furthermore, there is no technical or risk-based reason 
why PCB remediation waste cap requirements should differ from other 
sections of the PCB regulations. As a result, the newly proposed 
language simply requires that ``a cap shall not be contaminated at a 
level >=1 ppm PCB.'' This designation is consistent with how PCB limits 
are described in the rest of the TSCA PCB regulations. See proposed 
Sec.  761.61(a)(7).
Clarify Applicability of Deed Restrictions
    EPA proposes to clarify the requirements for deed restrictions 
associated with PCB remediation waste being left on-site under a self-
implementing cleanup and disposal activity (Sec.  761.61(a)). The self-
implementing cleanup and disposal option for PCB remediation waste 
provides for varying cleanup levels based on the occupancy level and 
the presence of a fence or cap. When cleanup levels are based upon low 
occupancy of the cleanup area or the existence of a fence or cap 
(either in high or low occupancy areas), deed restrictions are required 
(see Sec.  761.61(a)(8)). EPA intends for the December 2012 
Institutional Controls document to provide guidance on how to 
effectively plan, implement, maintain, and enforce deed restrictions 
required under Sec.  761.61(a)(8).\72\ EPA's 2005 PCB Site 
Revitalization Guidance confirms that Sec.  761.61(a)(8) requires a 
deed restriction for all cleanups requiring caps or fences, and all 
cleanups based on low-occupancy uses.\73\ However, portions of the 
regulatory text could suggest that the deed restriction must reference 
low-occupancy status and the existence of a cap or fence in every case, 
even though some sites with low occupancy cleanups will not have caps 
or fences, and some sites with caps or fences will not be low-
occupancy. In particular, the text of Sec.  761.61(a)(8)(i)(A) could 
suggest that all of the elements identified in Sec.  
761.61(a)(8)(i)(A)(1) through (3) (i.e., low-occupancy and caps or 
fences) will be present at sites subject to the deed restriction, 
whereas EPA plainly intended the deed requirement to apply to all sites 
cleaned up to low-occupancy levels, and/or requiring caps or fences. To 
remedy any potential for confusion, EPA is proposing several minor 
edits to Sec.  761.61(a)(8) to clarify that deed restrictions apply to 
any area with a cap, a fence, or a low occupancy designation.
---------------------------------------------------------------------------

    \72\ Institutional Controls: A Guide to Planning, Implementing, 
Maintaining, and Enforcing Institutional Controls at Contaminated 
Sites. December 2012. https://www.epa.gov/sites/production/files/documents/final_pime_guidance_december_2012.pdf.
    \73\ Polychlorinated Biphenyl (PCB) Site Revitalization Guidance 
Under the Toxic Substances Control Act (TSCA). November 2005. Page 
13. https://www.epa.gov/sites/production/files/2015-08/documents/pcb-guid3-06.pdf.
---------------------------------------------------------------------------

    In addition, EPA proposes to clarify in Sec.  761.61(a)(8)(i)(A) 
that the deed restriction should designate the portion of a property 
that is subject to the deed restriction, when applicable. The deed 
restriction should reference the location of the cap, fence, or low 
occupancy portion in a format that makes sense for the site, for 
example, latitude/longitude coordinates, street address, or annotated 
areal image.
Include Alternate Extraction and Analysis Under Sec.  761.61(c)--PCB 
Remediation Waste
    EPA proposes to clarify that the risk-based approval under Sec.  
761.61(c) can be used to modify or replace the extraction or analysis 
methods required for PCB remediation waste in lieu of a Subpart Q 
comparison study. EPA's current practice is to allow responsible 
parties to request to modify or replace an extraction or analysis 
method, as they are considered part of the sampling requirements. The 
proposed change would simply clarify that responsible parties have this 
option, by adding ``extraction, analysis'' to the list of modifiable 
requirements under a Sec.  761.61(c) risk-based approval.
Include Alternate Extraction and Analysis Under Sec.  761.62(c)--PCB 
Bulk Product Waste
    EPA proposes to clarify that the risk-based approval under Sec.  
761.62(c) can be used to modify or replace the extraction or analysis 
methods required for PCB bulk product waste in lieu of a Subpart Q 
comparison study. EPA's current practice is to allow responsible 
parties to request to modify or replace an extraction or analysis 
method, as they are considered part of the sampling requirements. The 
proposed change would simply clarify that responsible parties have this 
option, by adding ``extraction, analysis'' to the list of modifiable 
requirements under a Sec.  761.62(c) risk-based approval.
Include Alternate Extraction and Analysis Under Sec.  761.79(h)--
Decontaminated Material
    EPA proposes to clarify that an approval under Sec.  761.79(h) can 
be used to modify or replace the extraction or

[[Page 58747]]

analysis methods required for decontaminated PCB waste in lieu of a 
Subpart Q comparison study. EPA's current practice is to allow 
responsible parties to request to modify or replace an extraction or 
analysis method, as they are considered part of the sampling procedure. 
The proposed change would simply clarify that responsible parties have 
this option, by adding ``extraction, analysis'' to the list of 
modifiable requirements under a Sec.  761.79(h) approval.
Clarify Sampling Procedure for Non-Porous Surfaces
    EPA proposes to correct an inconsistency in the site 
characterization requirements for non-porous surfaces conducted 
pursuant to the self-implementing cleanup option for PCB remediation 
waste (Sec.  761.61(a)). This self-implementing cleanup and disposal 
option states that site characterization of non-porous surfaces may be 
conducted using procedures included in Subpart N. The method found in 
Subpart N for sampling non-porous surfaces (Sec.  761.267) specifies 
that the sampling area shall be divided into ``square portions 
approximately 2 meters on each side'' and ``[f]ollow[ing] the 
procedures in Sec.  761.302(a).'' However, Sec.  761.302(a), which is 
the section of the regulations pertaining to post-cleanup sampling of 
non-porous surfaces, specifies dividing the surface into 1 meter square 
portions instead of 2 meters. EPA is proposing to amend Sec.  761.267 
by adding the following italicized language to this provision, ``Follow 
the procedures in Sec.  761.302(a), with the exception of the sampling 
grid size,'' to correct this inconsistency. This change reflects the 
way in which the EPA has already been addressing the inconsistency. See 
proposed Sec.  761.267(a).
Add Unit to Concentration in Sec.  761.1(b)(3)
    Currently, Sec.  761.1(b)(3) lists a concentration with only 
partial units of reference, ``PCB concentrations of >10/100 cm\2\,'' 
which is meaningless, as written. It is clear from context that the 
text should read ``PCB concentrations of >=10 [mu]g/100 cm\2\,'' which 
is how the referenced concentration otherwise appears throughout the 
PCB regulations, for example in Sec.  761.79(b). Thus, EPA is proposing 
to modify the Sec.  761.1(b)(3) text to read ``PCB concentrations of 
>=10 [mu]g/100 cm\2\.'' EPA is also proposing to harmonize the 
``greater/less than'' and ``greater/less than or equal to'' symbols in 
this section. See proposed Sec.  761.1(b)(3).
Update ASTM Methods
    The regulations at Sec.  761.19 incorporate by reference several 
ASTM test method standards that have since been updated. These ASTM 
standards reflect the current consensus of ASTM members. EPA proposes 
to make the following changes:
    ASTM D93-09, Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester, was approved by ASTM in 2009 and added to the 
PCB regulations in 2012 at Sec. Sec.  761.71(b)(2)(vi) and 
761.75(b)(8)(iii).\74\ EPA is proposing to add as an alternative ASTM 
D8175-18, Test Method for Finite Flash Point Determination of Liquid 
Wastes by Pensky-Martens Closed Cup Tester.
---------------------------------------------------------------------------

    \74\ 77 FR 2463, Jan. 18, 2012.
---------------------------------------------------------------------------

    ASTM D3278-89, Standard Test Methods for Flash Point of Liquids by 
Setaflash Closed-Cup Apparatus, was approved by ASTM in 1989 and added 
to the PCB regulations in 1992 at Sec.  761.75(b)(8)(iii).\75\ EPA is 
proposing to replace it with the updated version, ASTM D3278-96 
(Reapproved 2011), Standard Test Methods for Flash Point of Liquids by 
Small Scale Closed-Cup Apparatus, and add ASTM D8174-18, Test Method 
for Finite Flash Point Determination of Liquid Wastes by Small Scale 
Closed Cup Tester at Sec. Sec.  761.71(b)(2)(vi) and 761.75(b)(8)(iii).
---------------------------------------------------------------------------

    \75\ 57 FR 13323, Apr. 16, 1992.
---------------------------------------------------------------------------

    EPA is proposing to remove ASTM D2784-89, Standard Test Method for 
Sulfur in Liquified Petroleum Gases (Oxy-hydrogen Burner or Lamp) from 
Sec.  761.19 and Sec.  71(a)(2)(vi). This test method was withdrawn in 
June 2016 because it is archaic and not used in the industry.\76\
---------------------------------------------------------------------------

    \76\ https://compass.astm.org/Standards/WITHDRAWN/D2784.htm.
---------------------------------------------------------------------------

    EPA is proposing to replace ASTM D3178-84, Standard Test Methods 
for Carbon and Hydrogen in the Analysis Sample of Coke and Coal, with 
D5373-16, Standard Test Methods for Determination of Carbon, Hydrogen 
and Nitrogen in Analysis Samples of Coal and Carbon in Analysis Samples 
of Coal and Coke, in Sec. Sec.  761.19 and 761.71(a)(2)(vi). ASTM 
D3178-84 was replaced in June 2007 because there was no reproducibility 
statement for D3178.\77\
---------------------------------------------------------------------------

    \77\ https://compass.astm.org/Standards/WITHDRAWN/D3178.htm.
---------------------------------------------------------------------------

    EPA is proposing to update ASTM Standard D-4059, Standard Test 
Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids 
by Gas Chromatography, with ASTM D4059-00 (Reapproved 2018), Standard 
Test Methods for Analysis of Polychlorinated Biphenyls in Insulating 
Liquids by Gas Chromatography, in Sec. Sec.  761.19 and 761.60(g)(iii).
    EPA is proposing to replace ASTM D482-87, Standard Test Method for 
Ash from Petroleum Products, with ASTM D482-13, Standard Test Method 
for Ash from Petroleum Products, in Sec.  761.71(a)(2)(vi). EPA is also 
proposing to replace ASTM D3278-89, Standard Test Methods for Flash 
Point of Liquids by Setaflash Closed-Cup Apparatus, with ASTM D3278-96, 
Standard Test Methods for Flash Point of Liquids by Small Scale Closed-
Cup Apparatus, in Sec.  761.75(b)(8)(iii) (see above). ASTM began 
building its electronic library of standards in the 1990s, so the 1987 
version of ASTM D482 and the 1989 version of ASTM D3278 are no longer 
available from the ASTM website. Therefore, the Agency is updating ASTM 
D482-87 and ASTM D3278-89 to list the most recent versions of the 
methods.
    Furthermore, EPA requests public comment on whether there are other 
standards that should be incorporated by reference or whether there are 
standards that should be removed from the regulations entirely. EPA is 
relying on voluntary consensus standards developed by ASTM and already 
in use in the laboratory testing sector, which is consistent with the 
National Technology Transfer and Advancement Act (NTTAA). EPA has found 
that most of the entities that would have to comply with these 
standards are already familiar with them, since it would be difficult 
to be in the business of testing for PCBs without being familiar with 
these industry consensus standards. The standards are all readily 
available electronically or in print and are relatively inexpensive. 
See proposed Sec.  761.19.
Require a Wipe Sample Under Sec.  761.30(i)(4)
    Currently, Sec.  761.30(i)(4) (covering PCB characterization of 
natural gas pipe) reads, in part, ``. . . if no liquids are present, 
they must use standard wipe samples in accordance with Subpart M of 
this part.'' This language might be read to mean that all owners of 
natural gas pipe must characterize their pipe and must do so using a 
wipe sample if no liquids are present. However, the sentence was meant 
to convey that if an owner chooses to characterize natural gas pipe 
that does not contain liquids, they must do so using wipe samples. 
Therefore, EPA is proposing to replace the existing text with ``if no 
liquids are present and they decide, in their discretion, to 
characterize PCB contamination, the person must use standard wipe 
samples

[[Page 58748]]

in accordance with Subpart M of this part.'' See proposed Sec.  
761.30(i)(4).
High Efficiency Boilers Approval Application Requirements
    EPA is proposing to correct an editorial error in Sec.  761.71. 
This section describes the required operating parameters for high 
efficiency boilers that dispose of PCB waste. The requirements for high 
efficiency boilers are divided into two sections, a section for burning 
PCB-contaminated mineral oil dielectric fluid (Sec.  761.71(a)) and a 
section for burning any other PCB-contaminated fluids (Sec.  
761.71(b)). Mineral oil dielectric fluid is an insulating fluid used in 
electrical equipment such as transformers. Other PCB-contaminated 
fluids might include used oil, contaminated water, and hydraulic fluid. 
Despite the fact that Sec.  761.71(b) regulates high efficiency boilers 
that burn PCB liquids other than mineral oil dielectric fluid, Sec.  
761.71(b)(2)(iv) requires persons seeking approval to burn these 
liquids to submit to the EPA Regional Administrator a statement of 
``the type of equipment, apparatus, and procedures to be used to 
control the feed of mineral oil dielectric fluid to the boiler . . .'' 
(emphasis added). In that sentence, ``mineral oil dielectric fluid'' 
should, instead, be ``PCB liquids.'' This proposal would amend Sec.  
761.71(b)(2)(iv) to correct this error by replacing the phrase 
``mineral oil dielectric fluid'' with ``PCB liquids.'' See proposed 
Sec.  761.71(b)(2)(iv).
Mailing Address for Annual Reports
    Currently, the owner or operator of any PCB disposal facility or 
commercial storage facility submits an annual report to the EPA 
Regional Administrator for the region in which the facility is located, 
pursuant to Sec.  761.180(b)(3). EPA proposes to change the recipient 
of the annual reports from the Regional Administrator to the Director 
of the Office of Resource Conservation and Recovery, which is the 
office in EPA headquarters that manages the PCB cleanup and disposal 
program. An analogous change is also proposed in Sec.  761.3 under the 
definition of annual report. This change would reduce the 
administrative burden on the Agency of compiling the data in the annual 
reports, which is used to inform Agency actions. The address for 
submission would be displayed prominently on the proposed mandatory 
form. See proposed Sec. Sec.  761.3 and 761.180(b)(3).
Update Address for Submission of EPA Form 7710-53
    EPA proposes to remove the address for EPA form 7710-53, 
``Notification of PCB Activity,'' from the regulations. This change 
will allow EPA to more easily update the mailing address in the future 
without undergoing a regulatory change. The mailing address will 
continue to appear on the form itself and can be updated through the 
Information Collection Response (ICR) process. This proposed change 
would expedite future address changes and thus streamline the 
distribution of mail and reduce the processing time for these forms. 
See proposed Sec.  761.205(a)(3), Sec.  761.205(d).
Add Field for Facility Email Address and EPA PCB Email Address to EPA 
Form 7710-53
    EPA form 7710-53, ``Notification of PCB Activity,'' currently does 
not include space for an email address for the facility point of 
contact. EPA proposes to change the regulations so that an email 
address must be submitted on the notification form. Additionally, EPA 
is adding the EPA PCB email address ([email protected]) to the 
notification form to facilitate any questions from members of the 
public. These proposed changes would improve communication and reduce 
the processing time for these forms. See proposed Sec.  761.205(a)(3), 
Sec.  761.205(d).
Sample Site Selection Instructions for Pipelines
    Subpart M provides a number of steps that must be followed when 
selecting the locations for sampling to characterize natural gas 
pipeline. EPA found that, due to rounding errors, the instructions for 
a pipeline greater than seven segments but shorter than three miles in 
length are, at present, incorrect. EPA proposes to modify the 
instructions and the example given in Sec.  761.247(b)(2)(ii)(B) to 
clarify where each sample must be taken along pipelines of this length. 
This change is a technical correction and does not influence the number 
of samples taken or the burden on the owner of the pipe. See proposed 
Sec.  761.247(b)(2)(ii)(B).
Remove Reference to Method 3500B
    SW-846 is organized such that several similar methods are grouped 
together in a series and the 3500 series contains extraction procedures 
used for the preparation of samples for analysis of organic parameters. 
These techniques include Liquid-Liquid Extraction, Solid-Phase 
Extraction, Soxhlet Extraction, and Supercritical Fluid Extraction, 
among others. Method 3500B (recently updated to Method 3500C) is not a 
detailed method where step-by-step instructions are 
discussed.78 79 Rather, Method 3500B simply provides general 
guidance for all the methods within its series (i.e., 3500 series), 
including the extraction methods proposed to be added as part of this 
rulemaking. Also, Method 3500B or 3500C is already referenced in every 
3500 series method EPA is proposing to add to the PCB Regulations. 
Therefore, EPA feels that it is unnecessary to reference Method 3500B 
in the PCB regulations directly and proposes to remove the reference 
from the PCB regulations. The removal of Method 3500B from the 
regulations would not influence any of the 3500 series methods 
currently in or proposed to be added to the PCB regulations. The PCB 
regulatory sections affected include Sec. Sec.  
761.61(a)(5)(i)(B)(2)(iv), 761.253, 761.272, 761.292, 761.358, and 
761.395.
---------------------------------------------------------------------------

    \78\ U.S. EPA, Method 3500B Organic Extraction and Sample 
Preparation. Office of Land and Emergency Management, Office of 
Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC. December 1996.
    \79\ U.S. EPA, Method 3500C Organic Extraction and Sample 
Preparation. Office of Land and Emergency Management, Office of 
Resource Conservation and Recovery, Materials Recovery and Waste 
Management Division (5303P). Washington, DC. February 2007.
---------------------------------------------------------------------------

Correct References to SW-846
    The official title of the EPA publication known as SW-846 has been 
updated from ``Test Methods for Evaluating Solid Waste'' to ``Test 
Methods for Evaluating Solid Waste: Physical/Chemical Methods.'' There 
are several references to this publication throughout the PCB 
regulations. EPA proposes to update the definition of SW-846 in Sec.  
761.3 with the current official title, and then refer to it as ``SW-
846'' throughout the PCB regulations, for readability. See proposed 
Sec. Sec.  761.3, 761.60(g)(1)(iii), 761.61(a)(5)(i)(B)(2)(iv), 
761.253(a), 761.272, 761.292, 761.358, 761.395(b)(1).
Correct References to EPA's PCB Website
    There are several references throughout the PCB regulations to the 
EPA's PCB website. In 2015, as part of a redesign, the URL for the EPA 
PCB web page changed from https://www.epa.gov/pcb to https://www.epa.gov/pcbs. EPA proposes to update those references throughout 
the PCB regulations. See proposed Sec. Sec.  761.130(e), 761.205(a)(3), 
761.243(a), 761.386(e).

[[Page 58749]]

Change ``he'' to ``they''
    The PCB regulations frequently refer to generic individuals such as 
the Regional Administrator or facility owners as ``he,'' ``his,'' ``he/
she,'' or ``he or she.'' EPA proposes to replace all such references 
with the gender neutral ``they'' and ``their.'' See proposed Sec. Sec.  
761.3, 761.20(e)(3)(ii)(B), 761.20(e)(4)(i), 761.20(e)(4)(ii), 
761.50(b)(3)(i)(A), 761.60(b)(2)(v)(C), 761.61(a)(8)(i)(B), 761.65(g), 
761.65(h), 761.70(d)(4)(i), 761.75(c)(3)(i), 761.75(c)(4), 
761.77(a)(1)(ii)(B), 761.77(a)(2), 761.77(b), 761.120(b)(2), 
761.125(c)(3)(iii), 761.125(c)(4)(iv), 761.180(b)(4), 761.207(c), 
761.212(a), 761.213(a)(4), 761.213(b), 761.214(a), 761.216(a), 
761.217(a)(2)(ii).
Change ``on site'' to ``on-site''
    The term ``on site'' is included in the definitions at Sec.  761.3, 
but the PCB regulations use the term ``on-site'' throughout. EPA 
proposes to modify Sec.  761.3 to read ``on-site'' to improve the 
readability of the PCB regulations. See proposed Sec.  761.3.
Correct Reference to Methods for Standard Wipe Test Samples
    Currently, Sec.  761.314 ``Chemical analysis of standard wipe test 
samples'' instructs the reader to ``perform the chemical analysis of 
standard wipe test samples in accordance with Sec.  761.272.'' While 
Sec.  761.272 does contain the allowable methods for wipe test samples, 
it also lists several other methods that would not be appropriate for 
wipe test samples. This reference is proposed to be corrected to Sec.  
761.253, which is specific to wipe samples.
Incorporation by Reference
    The Agency is proposing to incorporate by reference SW-846 Test 
Methods 3540C, 3541, 3545A, 3546, 3510C, 3520C, 3535A, 8082, 8082A, and 
8275A into 40 CFR part 761 under Sec. Sec.  761.60, 761.61, 761.253, 
761.272, 761.292, 761.358, and 761.395. The Agency is also proposing to 
incorporate by reference Clean Water Act Analytical Method 1668C into 
40 CFR part 761 under Sec. Sec.  761.60, 761.61, 761.253, 761.272, 
761.292, 761.358, and 761.395. These test methods are described in 
detail in Section III.A. Expand Available Extraction Methods for PCBs 
and Section III.C. Add Determinative Methods for the PCB Regulations, 
above. The Agency is also proposing to incorporate the following 
methods by refence that involve testing the flash points of liquids to 
evaluate the ignitability of liquid wastes: ASTM standards D3278-96 
(Reapproved 2011), D8174-18, and D8175-18. ASTM D3278-96 (Reapproved 
2011) uses a small-scale tester to determine the flash point, ASTM 
D8174-18 also uses a small-scale tester but tests whether a material 
does or does not flash at a specific temperature, and ASTM D8175-18 
uses a Pensky-Martens tester to determine the flash point. Likewise, 
the Agency is proposing to incorporate by reference ASTM standard D482-
13, which determines the percentage of ash generated from distillate 
and residual fuels, gas turbine fuels, crude oils, lubricating oils, 
waxes, and other petroleum products. The Agency is also proposing to 
incorporate by reference ASTM Standard D4059-00 (R18), which is a 
quantitative determination of the concentration of polychlorinated 
biphenyls (PCBs) in electrical insulating liquids by gas 
chromatography. Lastly, the Agency is proposing to incorporate by 
reference ASTM Standard D5373-16, which is used to determine the 
concentration of hydrogen and nitrogen in analysis samples of coal and 
of carbon in analysis samples of coal and coke. These methods will be 
incorporated by reference into 40 CFR part 761 under Sec. Sec.  761.60, 
761.71, and 761.75.
    ASTM D93-09, D129-64, D240-87, D524-88, D808-87, D923-86, D923-89, 
D1266-87, D1796-83, D2158-89, D2709-88, and E258-67 (Reapproved 1987) 
were previously approved for incorporation by reference on January 18, 
2012.
    The SW-846 Test Methods proposed for incorporation by reference are 
published in the test methods compendium known as, ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication 
SW-846, Third Edition, available at https://www.epa.gov/hw-sw846. The 
Clean Water Act Analytical Methods are available at https://www.epa.gov/cwa-methods. ASTM materials may be obtained from ASTM 
International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, 
PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org. All methods proposed for incorporation by reference are 
also included in the docket.

IV. Economic Impacts of the Proposed Rulemaking

    One focus of the proposed rule is expanding the allowable PCB 
extraction methods, which would impact testing laboratories (NAICS code 
541380) that currently perform PCB extractions under TSCA. Based on 
method-specific certifications and communication with laboratory 
personnel, EPA estimates that approximately 22 laboratories would be 
impacted by the proposed rule. Further, EPA estimates that these 22 
laboratories perform approximately 65,000 relevant extractions each 
year. Some laboratories may experience a one-time cost of purchasing 
equipment used to perform one of the proposed extraction methods. 
However, the decreases in solvent and labor hours required to perform 
the proposed extraction methods are expected to result in net annual 
cost savings of approximately $4.2 million (annualized at a discount 
rate of seven percent).
    Updating the permissible PCB determinative methods would offer the 
regulated community greater flexibility. However, EPA does not 
anticipate that it would have an economic impact, since most labs are 
expected to continue using EPA Method 8082 or EPA Method 8082A as their 
PCB determinative method.
    The proposed revisions to Sec.  761.61(b) may impact any facility 
performing a PCB site remediation under Sec.  761.61(b). No data are 
available on the exact number of Sec.  761.61(b) remediations performed 
annually, but EPA estimates that there would be between 430 and 460 
relevant remediations per year, based on an analysis of 2018 and 2019 
hazardous waste manifests. Certain aspects of this provision would 
increase burden on the regulated community through certain requirements 
(e.g., recordkeeping, notification, sampling). However, EPA also 
proposes to allow for disposal of relevant waste at RCRA Subtitle C 
landfills under Sec.  761.61(b), in addition to the existing disposal 
options (e.g. TSCA landfills, TSCA incinerators), which will decrease 
transportation and disposal costs related to non-hazardous, non-liquid 
PCB waste for the regulated community. Overall, the proposed revisions 
to Sec.  761.61(b) are expected to result in net annual cost savings 
between $9.2 million and $10.9 million (annualized at a discount rate 
of seven percent).
    Disallowing PCB bulk product waste to be used as roadbed has the 
potential to create a slight increase in costs for the regulated 
community. Facilities that would have used PCB bulk product waste on-
site as roadbed under asphalt would now have to pay to transport the 
waste to a municipal solid waste landfill and pay the associated 
tipping fee for disposal. EPA believes that the practice of using PCB 
bulk product waste as roadbed is exceedingly rare. However, in an 
effort to incorporate all potential impacts of the proposed rule, the 
Economic Assessment modeled a single party using PCB bulk product waste 
as roadbed per year. EPA estimates that the cost increase for the 
regulated

[[Page 58750]]

community would be between $660 and $5,950 per year.
    EPA anticipates that the added flexibilities for emergency 
situations would result in cost savings for the regulated community. 
EPA estimates that there would be between 12 and 60 emergencies each 
year where the regulated community may use the proposed flexibilities. 
A lack of data prevents an overall quantitative estimate of the cost 
savings from this provision. However, impacted parties are expected to 
save money and time by avoiding delays associated with searches for the 
source of the spill during an emergency situation where the search is 
likely to be time-consuming and unsuccessful, and by being able to 
manage waste under the less burdensome procedures of Sec.  761.125(b), 
rather than Sec.  761.125(c). The regulated community is also expected 
to see a decrease in sampling and testing expenditures.
    The proposed change to harmonize the general disposal requirements 
for PCB remediation waste is in line with current EPA policy, guidance 
and practice. Therefore, EPA estimates that this change will not have 
any economic impact.
    The Economic Assessment for the proposed rule is constrained by the 
lack of relevant data, largely because the proposed rule makes changes 
to provisions that are self-implementing and/or require no EPA 
notification. EPA has quantified costs and cost savings when possible. 
When quantification has not been possible, EPA has analyzed the costs 
and cost savings qualitatively. The Economic Assessment associated with 
the proposed rule can be referenced for a greater level of detail 
related to the costs and benefits of the proposed provisions. EPA 
requests comments and data related to the universe of parties impacted 
by the proposed provisions and the economic impact of the proposed 
rule.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review under Executive 
Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 
(76 FR 3821, January 21, 2011). Any changes made in response to OMB 
recommendations have been documented in the docket. The Economic 
Assessment is available in the docket and is summarized in Section I.D 
What are the projected economic impacts of this action? of the 
preamble.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the PRA, 44 U.S.C. 3501 et seq. The Information Collection 
Request (ICR) document that the EPA prepared has been assigned EPA ICR 
number 2688.01 (2050-NEW). You can find a copy of the ICR in the docket 
for this rule, and it is briefly summarized here.
    Respondents/affected entities: The information collection 
requirements of the proposed rule affect facilities that will read the 
proposed rule, responsible parties using Sec.  761.61(b)(1) 
performance-based cleanup, responsible parties using Sec.  761.66 
waivers in emergency situations, commercial storers and disposers 
submitting annual reports, and entities submitting Notification of PCB 
Activity forms.
    Respondent's obligation to respond: The recordkeeping and 
notification requirements are required for parties performing relevant 
activities (e.g. using Sec.  761.66 waivers in emergency situations). 
These requirements are described in detail in the ICR Supporting 
Statement.
    Estimated number of respondents: 1,085.
    Frequency of response: On occasion/as necessary.
    Total estimated burden: 8,276 hours.
    Total estimated cost: $979,187.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. Submit your 
comments on the Agency's need for this information, the accuracy of the 
provided burden estimates and any suggested methods for minimizing 
respondent burden to the EPA using the docket identified at the 
beginning of this rule. You may also send your ICR-related comments to 
OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for EPA. Since OMB 
is required to make a decision concerning the ICR between 30 and 60 
days after receipt, OMB must receive comments no later than November 
22, 2021. The EPA will respond to any ICR-related comments in the final 
rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under RFA, 5 U.S.C. 
601 et seq. In making this determination, the impact of concern is any 
significant adverse economic impact on small entities. An agency may 
certify that a rule will not have a significant economic impact on a 
substantial number of small entities if the rule relieves burden or has 
no net burden on the small entities subject to the rule. These proposed 
changes would reduce the impacts on all small entities subject to the 
rule, so there are no significant impacts to any small entities. We 
have therefore concluded that this action will relieve regulatory 
burden for all directly regulated small entities. Details of this 
analysis are presented in the Economic Assessment, which is in the 
public docket for this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. EPA estimates that 
the proposed rule would result in net annual cost savings of between 
$4.3 and $9.1 million, assuming a seven percent discount rate. As a 
result, EPA expects that the rule would not result in annual 
expenditures exceeding $100 million annually and therefore would not be 
subject to requirements of section 202 of UMRA as listed above.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000) because the 
action is not expected to result in any adverse environmental or human 
health impacts on tribal entities. In addition, the action is expected 
to result in a cost savings, and not expected to result in any adverse 
financial impacts on tribal entities. Thus, Executive Order 13175 does 
not

[[Page 58751]]

apply to this rule. Consistent with the EPA Policy on Consultation and 
Coordination with Indian Tribes, the EPA prepared a tribal consultation 
and coordination plan and sent a letter to the tribes on July 13, 2021, 
inviting consultation. EPA will provide a summary of any tribal 
consultation conducted in the docket.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR. 19885, 
April 23, 1997) because it is not an economically significant 
regulatory action as defined by Executive Order 12866. In addition, 
because the rule would not increase risk related to exposure to 
hazardous materials, the Agency does not believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' under Executive 
Order 13211, ``Actions Concerning Regulations that Affect Energy 
Supply, Distribution, or Use'' (May 18, 2001) because it is not likely 
to have a significant adverse effect on the supply, distribution or use 
of energy. The proposed rule would not directly regulate energy 
production or consumption and is expected to result in net cost 
savings.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. In this rulemaking, the 
EPA incorporates voluntary consensus standards (VCSs) developed by both 
ASTM and the Agency into the rulemaking, consistent with the National 
Technology Transfer and Advancement Act (NTTAA). These VCSs support PCB 
cleanups as well sampling activities including the extraction and 
analysis of PCBs. For more details on the technical standards that EPA 
is using in this rulemaking, please see Section III.G--Incorporation by 
Reference.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high 
and adverse health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). In fact, this 
action is expected to benefit these populations.
    Generally, the proposed rule would modernize PCB regulations, 
making it easier and more affordable to clean up contaminated sites, 
while continuing to ensure that the requirements remain protective of 
health and the environment. Underserved, disadvantaged, and 
overburdened communities are expected to benefit from quicker, more 
cost-effective, compliant cleanups under the proposed rule. For 
example, adding explicit cleanup provisions under Sec.  761.61(b), 
including the requirements to notify EPA and follow specific sampling 
protocols, would provide additional assurance that sites are properly 
remediated and enable compliance and enforcement. Furthermore, the 
increased flexibility in emergency situations would allow the Agency to 
work collaboratively with responsible parties during and after the 
response to a natural disaster or other emergency, which can 
disproportionately impact such communities.

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Incorporation by 
reference, Labeling, Polychlorinated biphenyls (PCBs), Reporting and 
recordkeeping requirements.

Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.

    For the reasons set out in the preamble, EPA proposes to amend 
title 40, chapter I of the Code of Federal Regulations, part 761 as 
follows:

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
1. In part 761, the authority citation continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

Subpart A--General

0
2. Amend Sec.  761.1 by revising paragraph (b)(3) to read as follows:


Sec.  761.1   Applicability.

* * * * *
    (b) * * *
    (3) Most provisions in this part apply only if PCBs are present in 
concentrations above a specified level. Provisions that apply to PCBs 
at concentrations of <50 ppm apply also to contaminated surfaces at PCB 
concentrations of <10 [mu]g/100 cm\2\. Provisions that apply to PCBs at 
concentrations of >=50 to <500 ppm apply also to contaminated surfaces 
at PCB concentrations of >=10 [mu]g/100 cm\2\ to <100 [mu]g/100 cm\2\. 
Provisions that apply to PCBs at concentrations of >=500 ppm apply also 
to contaminated surfaces at PCB concentrations of >=100 [mu]g/100 
cm\2\.
* * * * *
0
3. Amend Sec.  761.3 by:
0
a. Removing in the definition the words``On site'' and adding in its 
place the words ``On-site'';
0
b. Adding in alphabetical order the definitions ``As-found 
concentration'', ``CWA'', ``Director, Office Resource Conservation and 
Recovery'', and ``Emergency situation''; and
0
c. Revising the definitions ``Administrator'', ``Annual report'', 
``ASTM'', ``NTIS'', ``Non-porous surface'', and ``SW-846''.
    The revisions and additions read as follows:


Sec.  761.3   Definitions.

* * * * *
    Administrator means the Administrator of the Environmental 
Protection Agency, or any employee of the Agency to whom the 
Administrator may either herein or by order delegate their authority to 
carry out their functions, or any person who shall by operation of law 
be authorized to carry out such functions.
* * * * *
    Annual report means the completed EPA Form 6200-025 submitted each 
year by each disposer and commercial storer of PCB waste to the 
Director, Office of Resource Conservation and Recovery. The annual 
report is a brief summary of the information included in the annual 
document log.
* * * * *
    As-found concentration means the concentration measured in samples 
collected in-situ (i.e., prior to being moved or disturbed for cleanup 
and/or disposal) from environmental media or material, unless otherwise 
specifically provided. For example, media must not be disturbed, nor 
may they be diluted (e.g., excavated, placed on a pile, and sampled 
after such placement) before characterization sampling is conducted. 
Sampling media in piles and existing accumulations would be considered 
``as-found'' if the media were already in piles when the site was first 
visited by the responsible party, such as during the redevelopment of 
abandoned properties with historic PCB contamination. The as-found 
concentration is distinct from the source concentration, which is the

[[Page 58752]]

concentration of the PCBs in the material that was originally spilled, 
released, or otherwise disposed of at the site.
* * * * *
    ASTM means ASTM International, 100 Barr Harbor Drive, West 
Conshohocken, PA 19428-2959.
* * * * *
    CWA means Clean Water Act, also known as the Federal Waters 
Pollution Control Act Amendments of 1972 (33 U.S.C. 12-51-1387, amended 
ch.23 1151).
* * * * *
    Director, Office Resource Conservation and Recovery means the 
Director of the Office of Resource Conservation and Recovery of the 
Office of Land and Emergency Management of the United States 
Environmental Protection Agency. Submissions to the Director shall be 
sent to 1200 Pennsylvania Ave. NW, MC5303P, Washington, DC 20460.
* * * * *
    Emergency situation means adverse conditions caused by manmade or 
natural incidents that threaten lives, property, or public health and 
safety; require prompt responsive action from the local, state, tribal, 
territorial, or federal government; and result in: (1) A declaration by 
either the President of the United States or Governor of the affected 
state of a natural disaster or emergency; or, (2) an incident funded 
under the Federal Emergency Management Agency (FEMA) via a Stafford Act 
disaster declaration or emergency declaration. Examples of emergency 
situations may include civil emergencies or adverse natural conditions, 
such as hurricanes, earthquakes, or tornados.
* * * * *
    NTIS means the National Technical Information Service, 1401 
Constitution Ave NW, Washington, DC 20230, telephone: (703) 605-6060.
* * * * *
    Non-porous surface means a smooth, unpainted solid surface that 
limits penetration of liquid containing PCBs beyond the immediate 
surface. Examples are: Smooth uncorroded metal; natural gas pipe with a 
thin porous coating originally applied to inhibit corrosion; smooth 
glass; smooth glazed ceramics; impermeable polished building stone such 
as marble or granite; and medium- and high-density plastics, such as 
polycarbonates and melamines, that do not absorb solvents.
* * * * *
    SW-846 means the document having the title ``SW-846, Test Methods 
for Evaluating Solid Waste: Physical/Chemical Methods,'' also known as 
the SW-846 Compendium, which is available online at https://www.epa.gov/hw-sw846. Hard copies can be obtained from NTIS, U.S. 
Department of Commerce, 1401 Constitution Ave NW, Washington, DC 20230, 
telephone: (703) 605-6060.
* * * * *
0
4. Revise Sec.  761.19 to read as follows:


Sec.  761.19   Incorporation by reference.

    The materials listed in this section are incorporated by reference 
into this part with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material 
is available for inspection at the EPA Docket Center (EPA/DC), Rm. 
3334, EPA West Bldg., 1301 Constitution Ave. NW, Washington, DC 20460-
0001, (202) 566-1744, and is available from the sources listed in the 
following paragraphs of this section. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
[email protected] or go towww.archives.gov/federal-register/cfr/ibr-locations.html.
    (a) ASTM International. 100 Barr Harbor Dr., P.O. Box C700, West 
Conshohocken, PA 19428-2959, (877) 909-ASTM, www.astm.org.
    (1) ASTM D93-09, Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester, Approved December 15, 2009, IBR approved for 
Sec. Sec.  761.71 and 761.75.
    (2) ASTM D129-64, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), Reapproved 1978, IBR approved for Sec.  
761.71.
    (3) ASTM D240-87, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuel by Bomb Calorimeter, Approved 1987, IBR 
approved for Sec.  761.71.
    (4) ASTM D482-13, Standard Test Method for Ash from Petroleum 
Products, Approved June 2013, IBR approved for Sec.  761.71.
    (5) ASTM D524-88, Standard Test Method for Ramsbottom Carbon 
Residue of Petroleum Products, Approved 1988, IBR approved for Sec.  
761.71.
    (6) ASTM D808-87, Standard Test Method for Chlorine in New and Used 
Petroleum Products (Bomb Method), Approved 1987, IBR approved for Sec.  
761.71.
    (7) ASTM D923-86, Standard Test Method for Sampling Electrical 
Insulating Liquids, Approved 1986, IBR approved for Sec.  761.60.
    (8) ASTM D923-89, Standard Methods of Sampling Electrical 
Insulating Liquids, Approved 1989, IBR approved for Sec.  761.60.
    (9) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), October 1987, IBR approved for Sec.  761.71.
    (10) ASTM D1796-83, Standard Test Method for Water and Sediment in 
Fuel Oils by the Centrifuge Method (Laboratory Procedure), Reapproved 
1990, IBR approved for Sec.  761.71.
    (11) ASTM D2158-89, Standard Test Method for Residues in Liquified 
Petroleum (LP) Gases, Approved 1989, IBR approved for Sec.  761.71.
    (12) ASTM D2709-88, Standard Test Method for Water and Sediment in 
Distillate Fuels by Centrifuge, Approved 1988, IBR approved for Sec.  
761.71.
    (13) ASTM D3278-96 (Reapproved 2011), Standard Test Methods for 
Flash Point of Liquids by Small Scale Closed-Cup Apparatus, Approved 
June 2011, IBR approved for Sec.  761.75.
    (14) ASTM Standard D4059-00 (Reapproved 2018), Standard Test Method 
for Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas 
Chromatography, Approved December 2018, IBR approved for Sec.  761.60.
    (15) ASTM D5373-16, Standard Test Methods for Determination of 
Carbon, Hydrogen and Nitrogen in Analysis Samples of Coal and Carbon in 
Analysis Samples of Coal and Coke, Approved September 2016, IBR 
approved for Sec.  761.71.
    (16) ASTM D8174-18, Test Method for Finite Flash Point 
Determination of Liquid Wastes by Small Scale Closed Cup Tester, 
Approved March 2018, IBR approved for Sec. Sec.  761.71 and 761.75.
    (17) ASTM D8175-18, Test Method for Finite Flash Point 
Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester, IBR 
approved for Sec. Sec.  761.71 and 761.75.
    (18) ASTM E258-67 (Reapproved 1987), Standard Test Method for Total 
Nitrogen Inorganic Material by Modified KJELDAHL Method, Approved 1987, 
IBR approved for Sec.  761.71.
    (b) U.S. Environmental Protection Agency material. 1200 
Pennsylvania Avenue NW, Washington, DC 20460, (202) 272-0167, 
www.epa.gov; https://www.epa.gov/cwa-methods and https://www.epa.gov/hw-sw846. (Note: For hard copies of these materials, contact: National 
Technical Information Service, U.S. Department of Commerce, 5285 Port 
Royal Rd., Springfield, VA 22161, (800) 553-6847 or (703) 605-6000.) .
    (1) CWA Method 1668C, Chlorinated Biphenyl Congeners in Water, 
Soil, Sediment, Biosolids, and Tissue by HRGC/HRMS, Approved April 
2010,

[[Page 58753]]

IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 761.292, 761.358, 
and 761.395.
    (2) SW-846 Method 3510C, Separatory Funnel Liquid-Liquid 
Extraction, Approved December 1996, IBR approved for Sec. Sec.  761.61, 
761.272, and 761.292.
    (3) SW-846 Method 3520C, Continuous Liquid-Liquid Extraction, 
Approved December 1996, IBR approved for Sec. Sec.  761.61, 761.272, 
and 761.292.
    (4) SW-846 Method 3535A, Solid-Phase Extraction (SPE), Approved 
February 2007, IBR approved for Sec. Sec.  761.61, 761.272, and 
761.292.
    (5) SW-846 Method 3540C, Soxhlet Extraction, Approved December 
1996, IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 761.292, 
761.358, and 761.395.
    (6) SW-846 Method 3541, Automated Soxhlet Extraction, Approved 
September 1994, IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 
761.292, 761.358, and 761.395.
    (7) SW-846 Method 3545A, Pressurized Fluid Extraction (PFE), 
Approved January 1998, IBR approved for Sec. Sec.  761.61, 761.253, 
761.272, 761.292, 761.358, and 761.395.
    (8) SW-846 Method 3546, Microwave Extraction, Approved February 
2007, IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 761.292, 
761.358, and 761.395.
    (9) SW-846 Method 8082, Polychlorinated Biphenyls (PCBs) By Gas 
Chromatography, Approved December 1996, IBR approved for Sec. Sec.  
761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
    (10) SW-846 Method 8082A, Polychlorinated Biphenyls (PCBs) By Gas 
Chromatography, Approved February 2007, IBR approved for Sec. Sec.  
761.60, 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
    (11) SW-846 Method 8275A, Semivolatile Organic Compounds (PAHs And 
PCBs) in Soils/Sludges and Solid Wastes Using Thermal Extraction/Gas 
Chromatography/Mass Spectrometry (TE/GC/MS), Approved December 1996, 
IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 761.292, 761.358, 
and 761.395.

Subpart B--Manufacturing, Processing, Distribution in Commerce, and 
Use of PCBs and PCB Items

0
5. Amend Sec.  761.20 by revising paragraphs (e)(3)(ii)(B), (4)(i), and 
(ii) as follows:


Sec.  761.20   Prohibitions and exceptions.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (B) The burner will burn the used oil only in a combustion facility 
identified in paragraph (e)(1) of this section and identify the class 
of burner they qualify under.
* * * * *
    (4) * * *
    (i) Marketers. Marketers who first claim that the used oil fuel 
contains no detectable PCBs must include among the records required by 
40 CFR 279.72(b) and 279.74(b) and (c), copies of the analysis or other 
information documenting their claim, and they must include among the 
records required by 40 CFR 279.74(a) and (c) and 279.75, a copy of each 
certification notice received or prepared relating to transactions 
involving PCB-containing used oil.
    (ii) Burners. Burners must include among the records required by 40 
CFR 279.65 and 279.66, a copy of each certification notice required by 
paragraph (e)(3)(ii) of this section that they send to a marketer.
0
6. Amend Sec.  761.30 by revising paragraph (i)(4) to read as follows:


Sec.  761.30   Authorizations.

* * * * *
    (i) * * *
    (4) Any person characterizing PCB contamination in natural gas pipe 
or natural gas pipeline systems must do so by analyzing organic liquids 
collected at existing condensate collection points in the pipe or 
pipeline system. The level of PCB contamination found at a collection 
point is assumed to extend to the next collection point downstream. Any 
person characterizing multi-phasic liquids must do so in accordance 
with Sec.  761.1(b)(4); if no liquids are present and they choose, in 
their discretion, to characterize PCB contamination, the person must 
use standard wipe samples in accordance with subpart M of this part.
* * * * *

Subpart D--Storage and Disposal

0
7. Amend Sec.  761.50 by revising paragraphs (b)(3)(i)(A) and (3)(ii) 
to read as follows:


Sec.  761.50   Applicability.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (A) Sites containing these wastes are presumed not to present an 
unreasonable risk of injury to health or the environment from exposure 
to PCBs at the site. However, the EPA Regional Administrator may inform 
the owner or operator of the site that there is reason to believe that 
spills, leaks, or other uncontrolled releases or discharges, such as 
leaching, from the site constitute ongoing disposal that may present an 
unreasonable risk of injury to health or the environment from exposure 
to PCBs at the site, and may require the owner or operator to generate 
data necessary to characterize the risk. If after reviewing any such 
data, the EPA Regional Administrator makes a finding, that an 
unreasonable risk exists, then they may direct the owner or operator of 
the site to dispose of the PCB remediation waste in accordance with 
Sec.  761.61 such that an unreasonable risk of injury no longer exists.
* * * * *
    (ii) Any person responsible for PCB waste that was either placed in 
a land disposal facility, spilled, or otherwise released into the 
environment on or after April 18, 1978, but prior to July 2, 1979, 
where the concentration of the spill or release was >=500 ppm; or 
placed in a land disposal facility, spilled, or otherwise released into 
the environment on or after July 2, 1979, where the concentration of 
the spill or release was >=50 ppm, must dispose of it in accordance 
with either of the following:
* * * * *
0
8. Amend Sec.  761.60 by revising paragraphs (b)(2)(v)(C) and 
(g)(1)(iii) and (2)(ii) to read as follows:


Sec.  761.60   Disposal requirements.

* * * * *
    (b) * * *
    (2) * * *
    (v) * * *
    (C) There is other good cause shown. As part of this evaluation, 
the Assistant Administrator will consider the impact of their action on 
the incentives to construct or expand PCB incinerators.
* * * * *
    (g) * * *
    (1) * * *
    (iii) Unless otherwise specified in this part, any person 
conducting the chemical analysis of PCBs shall do so using gas 
chromatography. Any gas chromatographic method that is appropriate for 
the material being analyzed may be used, including EPA Method 608.3, 40 
CFR part 136, Appendix A; EPA Method 8082A (incorporated by reference, 
see Sec.  761.19) and ASTM D4059-00 (incorporated by reference, see 
Sec.  761.19).
    (2) * * *
    (ii) For purposes of complying with the marking and disposal 
requirements, representative samples may be taken from either the 
common containers or the individual electrical equipment to

[[Page 58754]]

determine the PCB concentration. Except, that if any PCBs at a 
concentration of 500 ppm or greater have been added to the container or 
equipment then the total container contents must be considered as 
having a PCB concentration of 500 ppm or greater for purposes of 
complying with the disposal requirements of this subpart. For purposes 
of this paragraph, representative samples of mineral oil dielectric 
fluid are either samples taken in accordance with ASTM D 923-86 or ASTM 
D 923-89 (both incorporated by reference, see Sec.  761.19) or samples 
taken from a container that has been thoroughly mixed in a manner such 
that any PCBs in the container are uniformly distributed throughout the 
liquid in the container.
* * * * *
0
9. Amend Sec.  761.61 by revising paragraphs (a)(3)(ii) 
(5)(i)(B)(2)(iv), and (7), the introductory text to paragraph (a)(8), 
paragraphs (a)(8)(i)(A) and (B), paragraph (b), the subject heading to 
paragraph (c), and (c)(1) to read as follows:


Sec.  761.61   PCB remediation waste.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Within 30 calendar days of receiving the notification, the EPA 
Regional Administrator will respond in writing approving of the self-
implementing cleanup, disapproving of the self-implementing cleanup, or 
requiring additional information. If the EPA Regional Administrator 
does not respond within 30 calendar days of receiving the notice, the 
person submitting the notification may proceed with the cleanup 
according to the information the person provided to the EPA Regional 
Administrator. If, upon review of the notification, the EPA Regional 
Administrator determines that the notification does not contain all of 
the information required by paragraph (a)(3)(i) of this section, 
sufficient to ensure compliance with paragraphs (a)(4) through (9) of 
this section at the site, they may require the submission of additional 
information. The cleanup and disposal must comply with all applicable 
requirements of paragraphs (a)(4) through (9) of this section. Once 
cleanup is underway, the person conducting the cleanup must provide any 
proposed changes from the notification to the EPA Regional 
Administrator in writing no less than 14 calendar days prior to the 
proposed implementation of the change. The EPA Regional Administrator 
will determine in their discretion whether to accept the change, and 
will respond to the change notification verbally within 7 calendar days 
and in writing within 14 calendar days of receiving it. If the EPA 
Regional Administrator does not respond verbally within 7 calendar days 
and in writing within 14 calendar days of receiving the change notice, 
the person who submitted it may proceed with the cleanup according to 
the information in the change notice provided to the EPA Regional 
Administrator, subject to the submission of additional information if 
the Regional Administrator determines it is needed to address the 
elements of paragraph (a)(3)(i) of this section, and in compliance with 
all applicable requirements of paragraphs (a)(4) through (9) of this 
section and other applicable requirements of this part.
* * * * *
    (5) * * *
    (i) * * *
    (B) * * *
    (2) * * *
    (iv) The generator must provide written notice, including the 
quantity to be shipped and highest concentration of PCBs at least 15 
days before the first shipment of bulk PCB remediation waste from each 
cleanup site by the generator, to each off-site facility where the 
waste is destined for an area not subject to a TSCA PCB Disposal 
Approval. The generator must select applicable method(s) from the 
following list to extract PCBs and determine the PCB concentration from 
individual and composite samples of PCB remediation waste: SW-846 
Method 3510C, Method 3520C, Method 3535A, Method 3540C, Method 3541, 
Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or 
CWA Method 1668C (all incorporated by reference, see Sec.  761.19). 
Modifications to the methods listed in this paragraph or alternative 
methods not listed may be used if validated under subpart Q of this 
part or authorized in a Sec.  761.61(c) approval.
* * * * *
    (7) Cap requirements. A cap means, when referring to on-site 
cleanup and disposal of PCB remediation waste, a uniform placement of 
concrete, asphalt, or similar material of minimum thickness spread over 
the area where remediation waste was removed or left in place in order 
to prevent or minimize human exposure, infiltration of water, and 
erosion. Any person designing and constructing a cap must do so in 
accordance with Sec.  264.310(a) of this chapter, and ensure that it 
complies with the permeability, sieve, liquid limit, and plasticity 
index parameters in Sec.  761.75(b)(1)(ii) through (b)(1)(v). A cap of 
compacted soil shall have a minimum thickness of 25 cm (10 inches). A 
concrete or asphalt cap shall have a minimum thickness of 15 cm (6 
inches). A cap must be of sufficient strength to maintain its 
effectiveness and integrity during the use of the cap surface which is 
exposed to the environment. A cap shall not be contaminated at a level 
>=1 ppm PCB. Repairs shall begin within 72 hours of discovery for any 
breaches which would impair the integrity of the cap.
    (8) Deed restrictions for caps, fences and low occupancy areas. 
When a cleanup activity conducted under this section includes the use 
of a fence or a cap, the owner of the site must maintain the fence or 
cap, in perpetuity. In addition, whenever a fence, a cap, or the 
procedures and requirements for a low occupancy area, is used, the 
owner of the site must meet the following conditions:
    (i) * * *
    (A) Record, in accordance with State law, a notation on the deed to 
the property, or on some other instrument which is normally examined 
during a title search, that will in perpetuity notify any potential 
purchaser of the property:
    (1) That the land, or the specific portion thereof identified in 
the instrument when only a portion is subject to the instrument, has 
been used for PCB remediation waste disposal and, when applicable, that 
the area is restricted to use as a low occupancy area as defined in 
Sec.  761.3;
    (2) Of the existence of the fence or cap and the requirement to 
maintain the fence or cap, when applicable; and
    (3) The applicable cleanup levels left at the site, including 
inside any fence, and/or under any cap, or in a low occupancy area.
    (B) Submit a certification, signed by the owner, that they have 
recorded the notation specified in paragraph (a)(8)(i)(A) of this 
section to the EPA Regional Administrator.
    (ii) The owner of a site being cleaned up under this section may 
remove a fence, cap, or low occupancy designation after conducting 
additional cleanup activities and achieving cleanup levels, specified 
in paragraph (a)(4) of this section, which do not require a fence, cap, 
or low occupancy designation. The owner may remove the notice on the 
deed no earlier than 30 days after achieving the cleanup levels 
specified in this section which do not require a fence, cap, or low 
occupancy designation.
* * * * *
    (b) Performance-based cleanup and disposal. Any person may clean up 
and dispose of PCB remediation waste at a

[[Page 58755]]

site in full compliance with the performance-based cleanup provisions 
of paragraph (b)(1) of this section and disposal provisions of 
paragraph (b)(2) of this section. Alternatively, any person may dispose 
of PCB remediation waste in accordance with paragraph (b)(2) of this 
section, but such disposal does not relieve the site owner of cleanup 
and disposal obligations for any PCBs that remain on-site if the 
provisions of paragraph (b)(1) of this section are not complied with.
    (1) Performance-based cleanup of PCB remediation waste.
    (i) Applicability. (A) The performance-based cleanup option may not 
be used to clean up:
    (1) Surface or ground waters.
    (2) Sediments in marine and freshwater ecosystems.
    (3) Sewers or sewage treatment systems.
    (4) Any private or public drinking water sources or distribution 
systems.
    (5) Grazing or agricultural lands.
    (6) Vegetable gardens.
    (7) Sites which are adjacent to, contain, or are proposed to be 
redeveloped to contain: Residential dwellings, hospitals, schools, 
nursing homes, playgrounds, parks, day care centers, endangered species 
habitats, estuaries, wetlands, national parks, national wildlife 
refuges, commercial fisheries, sport fisheries, or surface waters.
    (8) Sites where the PCB contamination is in the 100-year 
floodplain.
    (B) The performance-based cleanup provisions shall not be binding 
upon cleanups conducted under other authorities, including but not 
limited to, actions conducted under section 104 or section 106 of 
CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
    (ii) Cleanup level. All on-site PCB remediation waste above the 
following cleanup levels must be disposed of or decontaminated in 
accordance with paragraph (b)(2) of this section.
    (A) The cleanup level for bulk PCB remediation waste and porous 
surfaces is <=1 ppm PCBs.
    (B) The cleanup levels for liquids are the concentrations specified 
in Sec. Sec.  761.79(b)(1) and (b)(2).
    (C) The cleanup levels for nonporous surfaces are the 
concentrations specified in Sec.  761.79(b)(3).
    (iii) Verification sampling. Verification sampling for bulk PCB 
remediation waste and porous surfaces must be conducted in accordance 
with Subpart O. Verification sampling for nonporous surfaces must be 
conducted in accordance with Subpart P. Verification sampling for 
liquid PCB remediation waste must be conducted in accordance with Sec.  
761.269. When analysis of each sample results in a measurement of PCBs 
less than or equal to the levels specified in paragraph (b)(1)(ii) of 
this section, on-site performance-based cleanup is complete.
    (iv) Recordkeeping. Recordkeeping is required in accordance with 
Sec.  761.125(c)(5).
    (v) Cleanup Completion Notification. Within 14 days of sending the 
final shipment of waste offsite for disposal from a site cleaned up 
under this paragraph, the person in charge of the cleanup or the owner 
of the property where the PCB remediation waste was located shall 
notify, in writing, the EPA Regional Administrator, the Director of the 
State or Tribal environmental protection agency, and the Director of 
the county or local environmental protection agency where the cleanup 
was conducted. EPA may require additional on-site cleanup upon finding 
that the cleanup level(s) in (b)(1)(ii) of this section have not been 
met. Upon review of the cleanup completion notification, EPA may 
request that the responsible party submit additional information 
related to the records required under (b)(1)(iv) of this section to 
clarify that the cleanup has been completed in accordance with the 
requirements of this section. The notification shall include:
    (A) Site identification information, including the site address and 
the name, phone number, and email address of the site contact;
    (B) Disposal facility and shipment information, including the 
disposal facility's name and address, the manifest tracking number(s), 
and the quantity of waste shipped;
    (C) A summary of all applicable components of the records in Sec.  
761.125(c)(5); and
    (D) A certification using the language in Sec.  761.3.
    (2) Performance-based disposal.
    (i) Any person disposing of liquid PCB remediation waste under this 
subsection shall do so according to Sec.  761.60(a) or (e), or 
decontaminate it in accordance with Sec.  761.79.
    (ii) Any person disposing of non-liquid PCB remediation waste under 
this subsection shall do so by one of the following methods:
    (A) Dispose of it in a high temperature incinerator approved under 
Sec.  761.70(b), an alternate disposal method approved under Sec.  
761.60(e), a chemical waste landfill approved under Sec.  761.75, a 
facility with a coordinated approval issued under Sec.  761.77, or a 
hazardous waste landfill permitted by EPA under section 3005 of RCRA, 
or by a state authorized under section 3006 of RCRA.
    (B) Decontaminate it in accordance with Sec.  761.79.
    (iii) Any person may manage or dispose of material containing <50 
ppm PCBs that has been dredged or excavated from waters of the United 
States:
    (A) In accordance with a permit that has been issued under section 
404 of the Clean Water Act, or the equivalent of such a permit as 
provided for in regulations of the U.S. Army Corps of Engineers at 33 
CFR part 320.
    (B) In accordance with a permit issued by the U.S. Army Corps of 
Engineers under section 103 of the Marine Protection, Research, and 
Sanctuaries Act, or the equivalent of such a permit as provided for in 
regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
    (c) Risk-based cleanup and disposal approval. (1) Any person 
wishing to sample, extract, analyze, cleanup, or dispose of PCB 
remediation waste in a manner other than prescribed in paragraphs (a) 
or (b) of this section, or store PCB remediation waste in a manner 
other than prescribed in Sec.  761.65, must apply in writing to the 
Regional Administrator in the Region where the sampling, extraction, 
analysis, cleanup, disposal, or storage site is located, for sampling, 
extraction, analysis, cleanup, disposal, or storage occurring in a 
single EPA Region; or to the Director, Office of Resource Conservation 
and Recovery, for sampling, extraction, analysis, cleanup, disposal, or 
storage occurring in more than one EPA Region. Each application must 
include information described in the notification required by paragraph 
(a)(3) of this section. EPA may request other information that it 
believes necessary to evaluate the application. No person may conduct 
cleanup activities under this paragraph prior to obtaining written 
approval by EPA.
* * * * *
0
10. Amend Sec.  761.62 by revising paragraphs (c)(1) and (d) to read as 
follows:


Sec.  761.62   Disposal of PCB bulk product waste.

* * * * *
    (c) * * *
    (1) Any person wishing to sample, extract, analyze, or dispose of 
PCB bulk product waste in a manner other than prescribed in paragraphs 
(a) or (b) of this section, or store PCB bulk product waste in a manner 
other than prescribed in Sec.  761.65, must apply in writing to the 
Regional Administrator in the Region where the sampling, extraction,

[[Page 58756]]

analysis, disposal, or storage site is located, for sampling, 
extraction, analysis, disposal, or storage occurring in a single EPA 
Region; or to the Director, Office of Resource Conservation and 
Recovery, for sampling, extraction, analysis, disposal, or storage 
occurring in more than one EPA Region. Each application must contain 
information indicating that, based on technical, environmental, or 
waste-specific characteristics or considerations, the proposed 
sampling, extraction, analysis, disposal, or storage methods or 
locations will not pose an unreasonable risk or injury to health or the 
environment. EPA may request other information that it believes 
necessary to evaluate the application. No person may conduct sampling, 
extraction, analysis, disposal, or storage activities under this 
paragraph prior to obtaining written approval by EPA.
* * * * *
    (d) Disposal as daily landfill cover. Bulk product waste described 
in paragraph (b)(1) of this section may be disposed of as daily 
landfill cover as long as the daily cover remains in the landfill and 
is not released or dispersed by wind or other action.
* * * * *
0
11. Amend Sec.  761.65 by revising paragraphs (c)(9)(i) and (9)(iii) 
(A) and (B), and introductory paragraphs (g) and (g)(1), (1)(iv), (2), 
(3)(i), (4)(i) and (5), (6) and (7), and introductory paragraph (h) to 
read as follows:


Sec.  761.65   Storage for disposal.

* * * * *
    (c) * * *
    (9) * * *
    (i) The waste is placed in a pile or non-leaking, covered container 
designed and operated to control dispersal of the waste by wind, where 
necessary, by means other than wetting.
* * * * *
    (iii) The storage site must have:
    (A) A liner or container that is designed, constructed, and 
installed to prevent any migration of wastes off or through the liner 
or container into the adjacent subsurface soil, ground water or surface 
water at any time during the active life (including the closure period) 
of the storage site. The liner or container may be constructed of 
materials that may allow waste to migrate into the liner or container. 
The liner or container must be:
    (1) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or leachate to which they are 
exposed, climatic conditions, the stress of installation, and the 
stress of daily operation.
    (2) Placed upon a foundation or base capable of providing support 
to the liner or container and resistance to pressure gradients above 
and below the liner to prevent failure of the liner due to settlement, 
compression, or uplift.
    (3) In the case of liners, installed to cover all surrounding earth 
likely to be in contact with the waste.
    (B) A cover that meets the requirements of paragraph (c)(9)(iii)(A) 
of this section, is installed to cover all of the stored waste likely 
to be in contact with precipitation, and is secured so as not to be 
functionally disabled by winds expected under normal seasonal 
meteorological conditions at the storage site.
* * * * *
    (g) Financial assurance for closure. A commercial storer of PCB 
waste shall establish financial assurance for closure of each PCB 
storage facility that they own or operate. In establishing financial 
assurance for closure, the commercial storer of PCB waste may choose 
from the following financial assurance mechanisms or any combination of 
mechanisms:
    (1) The ``closure trust fund,'' as specified in Sec.  264.143(a) of 
this chapter, except for paragraph (a)(3) of Sec.  264.143 and except 
when the Regional Administrator specifies modifications for the 
purposes of implementation under TSCA. For purposes of this paragraph, 
the following provisions also apply:
* * * * *
    (iv) The submission of a trust agreement with the wording specified 
in Sec.  264.151(a)(1) of this chapter, including any reference to 
hazardous waste management facilities, shall be deemed to be in 
compliance with the requirement to submit a trust agreement under this 
subpart except when the Regional Administrator specifies modifications 
for the purposes of implementation under TSCA.
    (2) The ``surety bond guaranteeing payment into a closure trust 
fund,'' as specified in Sec.  264.143(b) of this chapter, including the 
use of the surety bond instrument specified at Sec.  264.151(b) of this 
chapter and the standby trust specified at Sec.  264.143(b)(3) of this 
chapter except when the Regional Administrator specifies modifications 
for the purposes of implementation under TSCA. The use of the surety 
bonds, surety bond instruments, and standby trust agreements specified 
in Sec. Sec.  264.143(b) and 264.151(b) of this chapter, with any 
modifications specified by the Regional Administrator, shall be deemed 
to be in compliance with this subpart.
    (3)(i) The ``surety bond guaranteeing performance of closure,'' as 
specified at Sec.  264.143(c) of this chapter, except for paragraph 
(c)(5) of Sec.  264.143 of this chapter and except when the Regional 
Administrator specifies modifications for the purposes of 
implementation under TSCA. The submission and use of the surety bond 
instrument specified at Sec.  264.151(c) of this chapter and the 
standby trust specified at Sec.  264.143(c)(3) of this chapter, with 
any modifications specified by the Regional Administrator, shall be 
deemed to be in compliance with the requirements under this subpart 
relating to the use of surety bonds and standby trust funds.
* * * * *
    (4)(i) The ``closure letter of credit'' specified in Sec.  
264.143(d) of this chapter, except for paragraph (d)(8) and except when 
the Regional Administrator specifies modifications for the purposes of 
implementation under TSCA. The submission and use of the irrevocable 
letter of credit instrument specified in Sec.  264.151(d) of this 
chapter and the standby trust specified in Sec.  264.143(d)(3) of this 
chapter, with any modifications specified by the Regional 
Administrator, shall be deemed to be in compliance with the 
requirements of this subpart relating to the use of letters of credit 
and standby trust funds.
* * * * *
    (5) ``Closure insurance,'' as specified in Sec.  264.143(e) of this 
chapter, utilizing the certificate of insurance for closure specified 
at Sec.  264.151(e) of this chapter except when the Regional 
Administrator specifies modifications for the purposes of 
implementation under TSCA. The use of closure insurance as specified in 
Sec.  264.143(e) of this chapter and the submission and use of the 
certificate of insurance specified in Sec.  264.151(e) of this chapter, 
with any modifications specified by the Regional Administrator, shall 
be deemed to be in compliance with the requirements of this subpart 
relating to the use of closure insurance.
    (6) The ``financial test and corporate guarantee for closure,'' as 
described in Sec.  264.143(f) of this chapter except when the Regional 
Administrator specifies modifications for the purposes of 
implementation under TSCA, including a letter signed by the owner's or 
operator's chief financial officer as specified at Sec.  264.151(f) of 
this chapter and, if applicable, the written corporate guarantee 
specified at Sec.  264.151(h) of this chapter. The use of the financial 
test and corporate guarantee specified in

[[Page 58757]]

Sec.  264.143(f) of this chapter, the submission and use of the letter 
specified in Sec.  264.151(f) of this chapter, and the submission and 
use of the written corporate guarantee specified at Sec.  264.151(h) of 
this chapter, with any modifications specified by the Regional 
Administrator, shall be deemed to be in compliance with the 
requirements of this subpart relating to the use of financial tests and 
corporate guarantees.
    (7) The corporate guarantee as specified in Sec.  264.143(f)(10) of 
this chapter except when the Regional Administrator specifies 
modifications for the purposes of implementation under TSCA.
* * * * *
    (h) Release of owner or operator. Within 60 days after receiving 
certifications from the owner or operator and an independent registered 
professional engineer that final closure has been completed in 
accordance with the approved closure plan, EPA will notify the owner or 
operator in writing that the owner or operator is no longer required by 
this section to maintain financial assurance for final closure of the 
facility, unless EPA has reason to believe that final closure has not 
been completed in accordance with the approved closure plan. EPA shall 
provide the owner or operator with a detailed written statement stating 
the reasons why EPA believed closure was not conducted in accordance 
with the approved closure plan.
* * * * *
0
12. Add Sec.  761.66 to read as follows:


Sec.  761.66   Emergency situations

    This section establishes procedures that may be used for purposes 
of the cleanup and/or disposal of PCB waste resulting from PCB releases 
caused by an emergency situation as defined in Sec.  761.3. This 
section allows the request of a waiver of any of the requirements in 
Sec. Sec.  761.60, 761.61, 761.62, or 761.65. This section does not 
prohibit any person from implementing temporary emergency measures to 
prevent, treat, or contain further releases or mitigate migration to 
the environment of PCBs or PCB remediation waste.
    (a) Applicability. This section may only be applied to the cleanup 
and/or disposal of PCB waste directly resulting from PCB releases that 
are caused by an emergency situation as defined in Sec.  761.3.
    (b) Waiver Request. Any person intending or planning to sample, 
extract, analyze, clean up, store, and/or dispose of PCBs under this 
section shall submit a waiver request to the Regional Administrator in 
the EPA Region where the sampling, extraction, analysis, cleanup, 
storage, and/or disposal is, or will be, located, in writing and/or by 
email no later than seven (7) days after discovery of the release or 
implementation of any temporary emergency measures, as applicable. If 
the sampling, extraction, analysis, cleanup, storage, or disposal 
activities in the waiver request would be conducted in more than one 
Region, then the waiver request must be submitted, in its entirety, to 
the Regional Administrators for all affected Regions.
    (1) This request shall include:
    (i) The contact information for the person requesting the waiver.
    (ii) Location(s) of the release(s).
    (iii) A description of the emergency situation and the adverse 
conditions caused by the emergency situation.
    (iv) The type(s) of material(s) that are contaminated and the 
source of the release, if known.
    (v) The as-found PCB concentrations in the PCB waste, unless the 
materials are being managed as if they contain >=500 ppm PCBs. If 
actual PCB concentrations have not yet been determined, then estimated 
concentrations may be provided in the request. Actual PCB 
concentrations shall be determined before disposal activities commence, 
unless the waste is being managed as if it contains >=500 ppm PCBs.
    (vi) The provisions of Sec. Sec.  761.60, 761.61, 761.62, or 761.65 
that the person requests to waive or modify (or to use alternative 
procedures for) and an explanation of why compliance with the existing 
provisions would be impracticable as a result of the emergency 
situation.
    (vii) The plan for how sampling, extraction, analysis, storage, 
cleanup, and/or disposal of the PCB waste would be conducted if the 
relief described in paragraph (b)(v) of this section were granted. The 
plan shall provide information to support how the actions described in 
the plan do not pose an unreasonable risk of injury to health or the 
environment. This plan shall be based on the as-found PCB 
concentrations in the materials unless waste is being managed as if it 
contained PCBs >=500 ppm.
    (viii) Whether or not the PCB waste is near, or likely to impact, 
surface waters, ground waters, drinking water sources or distribution 
systems, wells, sediments, sewers or sewage treatment systems, grazing 
lands, vegetable gardens, residential dwellings, hospitals, schools, 
nursing homes, playgrounds, parks, day care centers, endangered species 
habitats, estuaries, wetlands, national parks, national wildlife 
refuges, commercial fisheries, or sport fisheries and how those areas 
and potential impacts will be addressed.
    (2) To make changes to submitted information described in (b)(1) of 
this section, the requestor shall submit the new information to the EPA 
Regional Administrator(s) in writing and/or by email.
    (c) Approval of waiver requests. The EPA Regional Administrator may 
approve the waiver request, request additional information, approve the 
waiver request with specified changes or additional conditions, or deny 
the waiver request, in writing, by telephone, or by email. An approval, 
with or without changes or conditions, shall be based on the Regional 
Administrator's finding that compliance with the regulatory 
requirements from which a waiver is sought is impracticable and that 
the action approved under the waiver will not pose an unreasonable risk 
of injury to health or the environment. At any point, EPA may require 
additional sampling, extraction, analysis, cleanup, storage, and/or 
disposal requirements, or require the requestor to delay acting on 
their proposed plan, in order to ensure the actions will not pose an 
unreasonable risk of injury to health or the environment.
    (d) Sampling, extraction, analysis, cleanup, storage, and disposal 
activities as described in the waiver request may begin after the EPA 
Regional Administrator responds with approval of the waiver request. 
All sampling, extraction, analysis, cleanup, storage, and disposal 
activities shall be conducted in compliance with the terms of the 
approval and all applicable provisions Sec. Sec.  761.60, 761.61, 
761.62, and 761.65 not expressly waived by the approval.
    (e) Sampling, extraction, analysis, cleanup, storage, and disposal 
activities conducted under this section shall be based on the as-found 
concentration of the PCB waste unless the materials are being managed 
as if they contain >=500 ppm PCBs.
    (f) Records, manifests, and certification. Recordkeeping and 
certification are required in accordance with Sec.  761.125(c)(5). The 
manifesting and reporting requirements in Subpart K apply to waste 
disposed of under this section. However, if the person requesting a 
waiver has not previously submitted a notification of PCB activity as 
described in Sec.  761.205 and the requirements of Sec.  761.205 
specify that such notification is required for the cleanup, storage, 
and/or disposal activity, the requestor shall submit the

[[Page 58758]]

notification within ten (10) business days of their waiver request. The 
requestor does not have to wait to obtain their EPA identification 
number before initiating cleanup and/or disposal activities described 
in their approved waiver request. While waiting for their 
identification number, the requestor may use the generic identification 
``40 CFR part 761'' in lieu of an EPA identification number on 
manifests for PCB waste. The requestor may alternatively use an EPA 
identification number they previously obtained from EPA under RCRA or a 
state under an authorized RCRA program, if they have one. Once the 
requestor receives an EPA identification number, they shall use it on 
manifests for PCB waste.
0
13. Amend Sec.  761.70 by revising paragraph (d)(4)(i) to read as 
follows:


Sec.  761.70   Incineration.

* * * * *
    (d) * * *
    (4) * * *
    (i) Except as provided in paragraph (d)(5) of this section, the 
Regional Administrator or the appropriate official at EPA Headquarters 
may not approve an incinerator for the disposal of PCBs and PCB Items 
unless they find that the incinerator meets all of the requirements of 
paragraphs (a) and/or (b) of this section.
* * * * *
0
14. Amend Sec.  761.71 by revising paragraph (b)(2)(iv) and (vi) to 
read as follows:


Sec.  761.71   High efficiency boilers.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The type of equipment, apparatus, and procedures to be used to 
control the feed of PCB liquids to the boiler and to monitor and record 
the carbon monoxide concentration and excess oxygen percentage in the 
stack.
* * * * *
    (vi) The concentration of PCBs and of any other chlorinated 
hydrocarbon in the waste and the results of analyses using the ASTM 
International methods as follows: Carbon and hydrogen content using 
ASTM D5373-16, nitrogen content using ASTM E258-67 (Reapproved 1987) or 
ASTM D5373-16, sulfur content using ASTM D1266-87, or ASTM D129-64 
(Reapproved 1978), chlorine content using ASTM D808-87, water and 
sediment content using either ASTM D2709-88 or ASTM D1796-83 
(Reapproved 1990), ash content using ASTM D482-13, calorific value 
using ASTM D240-87, carbon residue using either ASTM D2158-89 or ASTM 
D524-88, and flash point using ASTM D93-09, ASTM D8174-18, ASTM D8175-
18, or ASTM D3278-96 (all incorporated by reference, see Sec.  761.19).
* * * * *
0
15. Amend Sec.  761.75 by revising paragraphs (b)(8)(iii) and (c)(3)(i) 
and (4) to read as follows:


Sec.  761.75   Chemical waste landfills.

* * * * *
    (b) * * *
    (8) * * *
    (iii) Ignitable wastes shall not be disposed of in chemical waste 
landfills. Liquid ignitable wastes are wastes that have a flash point 
less than 60 degrees C (140 degrees F) as determined by the following 
method or an equivalent method: Flash point of liquids shall be 
determined by a Pensky-Martens Closed Cup Tester, using the protocol 
specified in ASTM D93-09 or ASTM D8175-18, or a Small Scale Closed Cup 
Tester, using the protocol specified in ASTM D3278-96 (Reapproved 2011) 
or ASTM D8174-18 (all incorporated by reference, Sec.  761.19).
* * * * *
    (c) * * *
    (3) * * *
    (i) Except as provided in paragraph (c)(4) of this section the 
Regional Administrator may not approve a chemical waste landfill for 
the disposal of PCBs and PCB Items, unless they find that the landfill 
meets all of the requirements of paragraph (b) of this section.
* * * * *
    (4) Waivers. An owner or operator of a chemical waste landfill may 
submit evidence to the Regional Administrator that operation of the 
landfill will not present an unreasonable risk of injury to health or 
the environment from PCBs when one or more of the requirements of 
paragraph (b) of this section are not met. On the basis of such 
evidence and any other available information, the Regional 
Administrator may in their discretion find that one or more of the 
requirements of paragraph (b) of this section is not necessary to 
protect against such a risk and may waive the requirements in any 
approval for that landfill. Any finding and waiver under this paragraph 
will be stated in writing and included as part of the approval.
* * * * *
0
16. Amend Sec.  761.77 by revising paragraphs (a)(1)(ii)(B), 
introductory paragraph (a)(2), and introductory paragraph (b) to read 
as follows:


Sec.  761.77   Coordinated approval.

* * * * *
    (a) * * *
    (1) * * *
    (ii) * * *
    (B) Issue a letter granting or denying the TSCA PCB Coordinated 
Approval. If the EPA Regional Administrator grants the TSCA PCB 
Coordinated Approval, they may acknowledge the non-TSCA approval meets 
the regulatory requirements under TSCA as written, or require 
additional conditions the EPA Regional Administrator has determined are 
necessary to prevent unreasonable risk of injury to health or the 
environment.
* * * * *
    (2) The EPA Regional Administrator may issue a notice of 
deficiency, revoke the TSCA PCB Coordinated Approval, require the 
person to whom the TSCA PCB Coordinated Approval was issued to submit 
an application for a TSCA PCB approval, or bring an enforcement action 
under TSCA if they determine that:
* * * * *
    (b) Any person who owns or operates a facility that they intend to 
use to landfill PCB wastes; incinerate PCB wastes; dispose of PCB 
wastes using an alternative disposal method that is equivalent to 
disposal in an incinerator approved under Sec.  761.70 or a high 
efficiency boiler operating in compliance with Sec.  761.71; or stores 
PCB wastes may apply for a TSCA PCB Coordinated Approval. The EPA 
Regional Administrator may approve the request if the EPA Regional 
Administrator determines that the activity will not pose an 
unreasonable risk of injury to health or the environment and the 
person:
* * * * *
0
17. Amend Sec.  761.79 by revising paragraph (h)(3) to read as follows:


Sec.  761.79   Decontamination standards and procedures.

* * * * *
    (h) * * *
    (3) Any person wishing to sample, extract, or analyze 
decontaminated material in a manner other than prescribed in paragraph 
(f) of this section must apply in writing to the Regional Administrator 
in the Region where the activity would take place, for decontamination 
activity occurring in a single EPA Region; or to the Director, Office 
of Resource Conservation and Recovery, for decontamination activity 
occurring in more than one EPA Region. Each application must contain a 
description of the material to be decontaminated, the nature and PCB 
concentration of the contaminating material (if known), the 
decontamination method, the proposed extraction, analysis, and/or 
sampling

[[Page 58759]]

procedure, and a justification for how the proposed extraction, 
analysis, and/or sampling is equivalent to or more comprehensive than 
the extraction, analysis, and/or sampling procedure required under 
paragraph (f) of this section.
* * * * *

Subpart G--PCB Spill Cleanup Policy

0
18. Amend Sec.  761.120 by revising paragraphs (b)(2) and (c) to read 
as follows:


Sec.  761.120   Scope.

* * * * *
    (b) * * *
    (2) In those situations, the Regional Administrator may require 
cleanup in addition to that required under Sec.  761.125(b) and (c). 
However, the Regional Administrator must first make a finding, based on 
the specific facts of a spill, that additional cleanup is necessary to 
prevent unreasonable risk. In addition, before making a final decision 
on additional cleanup, the Regional Administrator must notify the 
Director, Office of Resource Conservation and Recovery of their finding 
and the basis for the finding.
* * * * *
    (c) Flexibility to allow less stringent or alternative 
requirements. (1) EPA retains the flexibility to allow less stringent 
or alternative decontamination measures based upon site-specific 
considerations. EPA will exercise this flexibility if the responsible 
party demonstrates that cleanup to the numerical decontamination levels 
is clearly unwarranted because of risk-mitigating factors, that 
compliance with the procedural requirements or numerical standards in 
the policy is impracticable at a particular site, or that site-specific 
characteristics make the costs of cleanup prohibitive. The Regional 
Administrator will notify the Director, Office of Resource Conservation 
and Recovery of any decision and the basis for the decision to allow 
less stringent cleanup. The purpose of this notification is to enable 
the Director, Office of Resource Conservation and Recovery to ensure 
consistency of spill cleanup standards under special circumstances 
across the regions.
    (2) In emergency situations, as defined in Sec.  761.123, the 
following provisions of this Policy are hereby modified as follows:
    (i) For actions taken directly in response to spills caused by 
emergency situations, responsible parties may use the as-found 
concentrations in the spill materials when determining whether to 
manage the spill under Sec.  761.125(b) or (c) of this Policy when it 
is not possible to readily determine the spill source concentration at 
a site.
    (ii) For spills caused by emergency situations, the applicable 
notifications in Sec.  761.125(a)(1) must be submitted as soon as 
possible, but no later than seven (7) days after the adverse conditions 
that prevented notification have ended.
* * * * *
0
19. Amend Sec.  761.123 by:
0
a. Adding the definition ``Emergency situation'' in alphabetical order 
; and
0
b. Revising the definitions ``Other restricted access (nonsubstation) 
locations'' and ``Spill''.
    The revisions and additions read as follows:


Sec.  761.123   Definitions.

* * * * *
    Emergency situation means adverse conditions caused by manmade or 
natural incidents that threaten lives, property, or public health and 
safety; require prompt responsive action from the local, state, tribal, 
territorial, or federal government; and result in: (1) A declaration by 
either the President of the United States or Governor of the affected 
state of a natural disaster or emergency; or, (2) an incident funded 
under FEMA via a Stafford Act disaster declaration or emergency 
declaration. Examples of emergency situations may include civil 
emergencies or adverse natural conditions, such as hurricanes, 
earthquakes, or tornados.
* * * * *
    Other restricted access (nonsubstation) locations means areas other 
than electrical substations that are at least 0.1 kilometer (km) from a 
residential/commercial area and limited by man-made barriers (e.g., 
fences and walls) or substantially limited by naturally occurring 
barriers such as mountains, cliffs, or rough terrain. These areas 
generally include industrial facilities and extremely remote rural 
locations. (Areas where access is restricted but are less than 0.1 km 
from a residential/commercial area are considered to be residential/
commercial areas.)
* * * * *
    Spill means both intentional and unintentional spills, leaks, and 
other uncontrolled discharges where the release results in any quantity 
of PCBs running off or about to run off the external surface of the 
equipment or other PCB source, as well as the contamination resulting 
from those releases. This policy applies to spills of 50 ppm or greater 
PCBs. The concentration of PCBs spilled is determined by the PCB 
concentration in the material spilled as opposed to the concentration 
of PCBs in the material onto which the PCBs were spilled, except where 
authorized in Sec.  761.120(c). Where a spill of untested mineral oil 
occurs, the oil is presumed to contain greater than 50 ppm, but less 
than 500 ppm PCBs and is subject to the relevant requirements of this 
policy.
* * * * *
0
20. Amend Sec.  761.125 by revising paragraphs (a)(2), (c)(3)(iii), and 
(4)(iv) to read as follows:


Sec.  761.125   Requirements for PCB spill cleanup.

    (a) * * *
    (2) Disposal of cleanup debris and materials. All concentrated 
soils, solvents, rags, and other materials resulting from the cleanup 
of PCBs under this policy shall be properly stored, labeled, and 
disposed of at a facility with a TSCA disposal approval issued under 
Subpart D of this part.
* * * * *
    (c) * * *
    (3) * * *
    (iii) At the option of the responsible party, low-contact, indoor, 
nonimpervious surfaces will be cleaned either to 10 [mu]g/100 cm\2\ or 
to 100 [mu]g/100 cm\2\ and encapsulated. The Regional Administrator, 
however, retains the authority to disallow the encapsulation option for 
a particular spill situation upon finding that the uncertainties 
associated with that option pose special concerns at that site. That 
is, the Regional Administrator would not permit encapsulation if they 
determine that if the encapsulation failed the failure would create an 
imminent hazard at the site.
* * * * *
    (4) * * *
    (iv) At the option of the responsible party, low-contact, outdoor, 
nonimpervious solid surfaces shall be either cleaned to 10 [mu]g/100 
cm\2\ or cleaned to 100 [mu]g/100 cm\2\ and encapsulated. The Regional 
Administrator, however, retains the authority to disallow the 
encapsulation option for a particular spill situation upon finding that 
the uncertainties associated with that option pose special concerns at 
that site. That is, the Regional Administrator would not permit 
encapsulation if they determine that if the encapsulation failed the 
failure would create an imminent hazard at the site.
* * * * *
0
21. Amend Sec.  761.130 by revising paragraph (e) to read as follows:


Sec.  761.130   Sampling requirements.

* * * * *

[[Page 58760]]

    (e) EPA recommends the use of a sampling scheme developed by the 
Midwest Research Institute (MRI) for use in enforcement inspections: 
``Verification of PCB Spill Cleanup by Sampling and Analysis.'' 
Guidance for the use of this sampling scheme is available in the MRI 
report ``Field Manual for Grid Sampling of PCB Spill Sites to Verify 
Cleanup.'' Both the MRI sampling scheme and the guidance document are 
available on EPA's PCB website at https://www.epa.gov/pcbs, or from the 
Program Implementation and Information Division, Office of Resource 
Conservation and Recovery (5303P), 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001. The major advantage of this sampling scheme 
is that it is designed to characterize the degree of contamination 
within the entire sampling area with a high degree of confidence while 
using fewer samples than any other grid or random sampling scheme. This 
sampling scheme also allows some sites to be characterized on the basis 
of composite samples.
* * * * *

Subpart J--General Records and Reports

0
22. Amend Sec.  761.180 by:
0
a. Revising introductory paragraph (b)(3),
0
b. Reserving paragraph (b)(3)(ii); and
0
c. Revising paragraph (b)(4).
    The revisions read as follows:


Sec.  761.180   Records and monitoring.

* * * * *
    (b) * * *
    (3) The owner or operator of a PCB disposal facility (including an 
owner or operator who disposes of his/her own waste and does not 
receive or generate manifests) or a commercial storage facility shall 
submit an annual report using EPA Form XXXX-YY, which briefly 
summarizes the records and annual document log required to be 
maintained and prepared under paragraphs (b)(1) and (2) of this section 
to the Director, Office Resource Conservation and Recovery at the 
address listed on the form, by July 15 of each year, beginning with 
July 15, 1991. The first annual report submitted on July 15, 1991, 
shall be for the period starting February 5, 1990, and ending December 
31, 1990. The annual report shall contain no confidential business 
information. The annual report shall consist of the information listed 
in paragraphs (b)(3)(i) through (vi) of this section.
* * * * *
    (ii) [Reserved]
* * * * *
    (4) Whenever a commercial storer of PCB waste accepts PCBs or PCB 
Items at their storage facility and transfers the PCB waste off-site to 
another facility for storage or disposal, the commercial storer of PCB 
waste shall initiate a manifest under subpart K of this part for the 
transfer of PCBs or PCB Items to the next storage or disposal facility.
* * * * *

Subpart K--PCB Waste Disposal Records and Reports

0
23. In Sec.  761.205 revise paragraphs (a)(3) and (4)(v) and (d) to 
read as follows:


Sec.  761.205   Notification of PCB waste activity (EPA Form 7710-53).

    (a) * * *
    (3) Any person required to notify EPA under this section shall file 
with EPA Form 7710-53. Copies of EPA Form 7710-53 are available on 
EPA's website at https://www.epa.gov/pcbs, or from the Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery (5303P), Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001 ATTN: PCB 
Notification. Descriptive information and instructions for filling in 
the form are included in paragraphs (a)(4)(i) through (vii) of this 
section.
    (4) * * *
    (v) The facility's installation contact, telephone number, and 
email address.
    * * *
    (d) Persons required to notify under this section shall file EPA 
Form 7710-53 with EPA by mailing the form to the address listed on the 
form.
* * * * *
0
24. Amend Sec.  761.207 by:
0
a. Revising paragraph (a),
0
b. Adding paragraphs (a)(4) and (5); and
0
c. Revising the ``Note 2 to Paragraph (a) and paragraph (c).
    The revisions and addition read as follows:


Sec.  761.207  The manifest--general requirements.

    (a) A generator who transports, or offers for transport PCB waste 
for commercial off-site storage or off-site disposal, and commercial 
storage or disposal facility who offers for transport a rejected load 
of PCB waste, must 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. (Item 14--Special Handling Instructions 
box)
    (2) For each PCB transformer, 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 transformer. (Item 14--Special Handling Instructions box)
    (3) For each PCB Large High or Low Voltage Capacitor, 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 Large High or Low Voltage 
Capacitor. (Item 14--Special Handling Instructions box)
    (4) For each PCB Article Container, the unique identifying number, 
type of PCB waste (e.g., small capacitors), earliest date of removal 
from service for disposal, and weight in kilograms of the PCB waste 
contained therein. (Item 14--Special Handling Instructions box)
    (5) For each 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 therein. (Item 14--Special Handling Instructions box)
* * * * *

    Note 2 to Paragraph (A):  PCB waste handlers should use the EPA 
Form 8700-22 instructions as a guide, but should defer to the Part 
761 manifest regulations whenever there is any difference between 
the Part 761 requirements and the instructions. The differences 
should be minimal.

* * * * *
    (c) A generator may also designate on the manifest one alternate 
facility which is approved to handle their PCB waste in the event an 
emergency prevents delivery of the waste to the primary designated 
facility.
* * * * *
0
25. Amend Sec.  761.212 by revising introductory paragraph (a) to read 
as follows:


Sec.  761.212   Transporter compliance with the manifest.

    (a) The transporter must deliver the entire quantity of PCB waste 
which they have accepted from a generator or a transporter to:
* * * * *
0
26. Amend Sec.  761.213 by revising introductory paragraph (a)(2) and 
introductory paragraph (b) to read as follows:

[[Page 58761]]

Sec.  761.213   Use of the manifest-Commercial storage and disposal 
facility requirements.

    (a) * * *
    (2) If a commercial storage or disposal facility receives an off-
site shipment of PCB waste accompanied by a manifest, the owner or 
operator, or their agent, shall:
* * * * *
    (b) If a commercial storage or disposal facility receives, from a 
rail or water (bulk shipment) transporter, PCB waste which is 
accompanied by a shipping paper containing all the information required 
on the manifest (excluding the EPA identification numbers, generator's 
certification, and signatures), the owner or operator, or their agent, 
must:
* * * * *
0
27. Amend Sec.  761.214 by revising paragraph (a)(1) to read as 
follows:


Sec.  761.214   Retention of manifest records.

    (a)(1) A generator must keep a copy of each manifest signed in 
accordance with Sec.  761.210(a) for three years or until they receive 
a signed copy from the designated facility which received the PCB 
waste. This signed copy must be retained as a record for at least three 
years from the date the 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).
* * * * *
0
28. Amend Sec.  761.216 by revising introductory paragraph (a) and 
paragraph (6) to read as follows:


Sec.  761.216   Unmanifested waste report.

    (a) If a facility accepts for storage or disposal any PCB waste 
from an offsite source without an accompanying manifest, or without an 
accompanying shipping paper as described by Sec.  761.211(e), and the 
owner or operator of the commercial storage or disposal facility cannot 
contact the generator of the PCB waste, then they shall notify the 
Regional Administrator of the EPA region in which their facility is 
located of the unmanifested PCB waste so that the Regional 
Administrator can determine whether further actions are required before 
the owner or operator may store or dispose of the unmanifested PCB 
waste, and additionally the owner or operator must prepare and submit a 
letter to the Regional Administrator within 15 days after receiving the 
waste. The unmanifested waste report must contain the following 
information:
* * * * *
    (6) Signature of the owner or operator of the facility or their 
authorized representative; and
* * * * *
0
29. AmendSec.  761.217 by revising paragraph (a)(2)(ii) to read as 
follows:


Sec.  761.217   Exception reporting.

    (a) * * *
    (2) * * *
    (ii) A cover letter signed by the generator or their authorized 
representative explaining the efforts taken to locate the PCB waste and 
the results of those efforts.
* * * * *

Subpart M--Determining a PCB Concentration for Purposes of 
Abandonment or Disposal of Natural Gas Pipeline: Selecting Sites, 
Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples

0
30. Amend Sec.  761.243 by revising paragraph (a) to read as follows:


Sec.  761.243   Standard wipe sample method and size.

    (a) Collect a surface sample from a natural gas pipe segment or 
pipeline section using a standard wipe test as defined in Sec.  
761.123. Detailed guidance for the entire wipe sampling process appears 
in the document entitled, ``Wipe Sampling and Double Wash/Rinse Cleanup 
as Recommended by the Environmental Protection Agency PCB Spill Cleanup 
Policy,'' dated June 23, 1987 and revised on April 18, 1991. This 
document is available on EPA's website at https://www.epa.gov/pcbs, or 
from the Program Implementation and Information Division, Office of 
Resource Conservation and Recovery (5303P), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
* * * * *
0
31. Amend Sec.  761.247 by revising paragraph (b)(2)(ii)(B)(2) to read 
as follows:


Sec.  761.247   Sample site selection for pipe segment removal.

    (b) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (2) Divide the total number of segments in a pipeline, save one, by 
six. The resulting number is the interval between the segments you will 
sample. Do not round this interval. For example, cut a 2.9-mile length 
of pipeline into segments of no more than 40 feet by first, dividing 
2.9 miles (15,312 feet) by 40 feet per segment, resulting in 382.8 
total segments. Do not round this result. Subtract 1 from the total 
number of segments and then divide the remaining number of segments, 
381.8, by six. The resulting number in this example is 63.6. Do not 
round. Add 63.6 to the first segment (number 1) to select segment 64.6. 
Next, add 63.6 to 64.6 to select segment 128.3. Continue in this 
fashion to select all seven segments: 1, 64.6, 128.3, 191.9, 255.5, 
319.2, and 382.8. Now round these numbers to the nearest whole number 
to determine which segment to sample: 1, 65, 128, 192, 256, 319, and 
383.
* * * * *
0
32. Amend Sec.  761.253 by revising paragraph (a) to read as follows:


Sec.  761.253   Chemical analysis

    (a) Select applicable method(s) from the following list to extract 
PCBs and determine the PCB concentration from the standard wipe sample 
collection medium: SW-846 Method 3540C, Method 3541, Method 3545A, 
Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 
1668C (all incorporated by reference, see Sec.  761.19). Modifications 
to the methods listed in this paragraph or alternative methods not 
listed may be used if validated under Subpart Q of this part or 
authorized in a Sec.  761.61(c) approval.
* * * * *

Subpart N--Cleanup Site Characterization Sampling for PCB 
Remediation Waste in Accordance with Sec.  761.61(a)(2)

0
33. Amend Sec.  761.267 by revising paragraph (a) to read as follows:


Sec.  761.267   Sampling non-porous surfaces.

    (a) Sample large, nearly flat, non-porous surfaces by dividing the 
surface into roughly square portions approximately 2 meters on each 
side. Follow the procedures in Sec.  761.302(a) with the exception of 
the sampling grid size.
* * * * *
0
34. Revise Sec.  761.272 to read as follows:


Sec.  761.272   Chemical extraction and analysis of samples.

    Select applicable method(s) from the following list to extract PCBs 
and determine the PCB concentration from individual and composite 
samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C, 
Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, 
Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all 
standards incorporated by reference in Sec.  761.19).

[[Page 58762]]

Modifications to the methods listed in this paragraph or alternative 
methods not listed may be used if validated under Subpart Q of this 
part or authorized in a 40 CFR 761.61(c) approval.

Subpart O--Sampling To Verify Completion of Self-Implementing 
Cleanup and On-site Disposal of Bulk Remediation Waste and Porous 
Surfaces in Accordance with Sec.  761.61(a)(6)

0
35. Revise Sec.  761.292 to read as follows:


Sec.  761.292   Chemical extraction and analysis of individual samples 
and composite samples.

    Select applicable method(s) from the following list to extract PCBs 
and determine the PCB concentration from individual and composite 
samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C, 
Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, 
Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all 
standards incorporated by reference in Sec.  761.19). Modifications to 
the methods listed in this paragraph or alternative methods not listed 
may be used if validated under Subpart Q of this part or authorized in 
a 761.61(c) approval.

Subpart P--Sampling Non-Porous Surfaces for Measurement-Based Use, 
Reuse, and On-site or Off-Site Disposal Under Sec.  761.61(a)(6) 
and Determination Under Sec.  761.79(b)(3)

* * * * *
0
35. Revise Sec.  761.314 to read as follows:


Sec.  761.314   Chemical analysis of standard wipe test samples.

    Perform the chemical analysis of standard wipe test samples in 
accordance with Sec.  761.253. Report sample results in micrograms per 
100 cm\2\.

Subpart R--Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste 
for Purposes of Characterization for PCB Disposal in Accordance 
with Sec.  761.62, and Sampling PCB Remediation Waste Destined for 
Off-Site Disposal, in Accordance With Sec.  761.61

0
36. Revise Sec.  761.358 to read as follows:


Sec.  761.358   Determining the PCB concentration of samples of waste.

    Select applicable method(s) from the following list to extract PCBs 
and determine the PCB concentration from individual and composite 
samples of PCB remediation waste or PCB bulk product waste: SW-846 
Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, 
Method 8082A, Method 8275A, or CWA Method 1668C (all incorporated by 
reference, see Sec.  761.19). Modifications to the methods listed in 
this paragraph or alternative methods not listed may be used if 
validated under subpart Q of this part or authorized in a Sec.  
761.61(c) or Sec.  761.62(c) approval.

Subpart T--Comparison Study for Validating a New Performance-Based 
Decontamination Solvent Under Sec.  761.79(d)(4)

0
37. Amend Sec.  761.386 by revising paragraph (e) to read as follows:


Sec.  761.386   Required experimental conditions for the validation 
study and subsequent use during decontamination.

* * * * *
    (e) Confirmatory sampling for the validation study. Select surface 
sample locations using representative sampling or a census. Sample a 
minimum area of 100 cm\2\ on each individual surface in the validation 
study. Measure surface concentrations using the standard wipe test, as 
defined in Sec.  761.123, from which a standard wipe sample is 
generated for chemical analysis. Guidance for wipe sampling appears in 
the document entitled ``Wipe Sampling and Double Wash/Rinse Cleanup as 
Recommended by the Environmental Protection Agency PCB Spill Cleanup 
Policy,'' available on EPA's website at https://www.epa.gov/pcbs, or 
from the Program Implementation and Information Division, Office of 
Resource Conservation and Recovery (5303P), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
* * * * *
0
38. Amend Sec.  761.395 by revising paragraph (b)(1) to read as 
follows:


Sec.  761.395   A validation study.

* * * * *
    (b) * * *
    (1) Select applicable method(s) from the following list to extract 
PCBs and determine the PCB concentration from the standard wipe sample 
collection medium: SW-846 Method 3540C, Method 3541, Method 3545A, 
Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 
1668C (all incorporated by reference, see Sec.  761.19). Modifications 
to the methods listed in this paragraph or alternative methods not 
listed may be used if validated under subpart Q of this part.
* * * * *
[FR Doc. 2021-19305 Filed 10-21-21; 8:45 am]
BILLING CODE 6560-50-P


