[
OMB
Control
No.
2070­
00112;
ICR
1446.08;
Appendix
B,
part
1
of
2]

APPENDIX
B
40
CFR
761
POLYCHLORINATED
BIPHENYLS
(
PCBS)
MANUFACTURING,
PROCESSING,
DISTRIBUTION
IN
COMMERCE,
AND
USE
PROHIBITIONS
Title
40:
Protection
of
Environment
PART
761
 
POLYCHLORINATED
BIPHENYLS
(
PCBs)
MANUFACTURING,
PROCESSING,
DISTRIBUTION
IN
COMMERCE,
AND
USE
PROHIBITIONS
Subpart
A
 
General
§
761.1
Applicability.

(
a)
This
part
establishes
prohibitions
of,
and
requirements
for,
the
manufacture,
processing,
distribution
in
commerce,
use,
disposal,
storage,
and
marking
of
PCBs
and
PCB
Items.

(
b)(
1)
This
part
applies
to
all
persons
who
manufacture,
process,
distribute
in
commerce,
use,
or
dispose
of
PCBs
or
PCB
Items.
Substances
that
are
regulated
by
this
part
include,
but
are
not
limited
to:
dielectric
fluids;
solvents;
oils;
waste
oils;
heat
transfer
fluids;
hydraulic
fluids;
paints
or
coatings;
sludges;
slurries;
sediments;
dredge
spoils;
soils;
materials
containing
PCBs
as
a
result
of
spills;
and
other
chemical
substances
or
combinations
of
substances,
including
impurities
and
byproducts
and
any
byproduct,
intermediate,
or
impurity
manufactured
at
any
point
in
a
process.

(
2)
Unless
otherwise
noted,
PCB
concentrations
shall
be
determined
on
a
weight­
per­
weight
basis
(
e.
g.,
milligrams
per
kilogram),
or
for
liquids,
on
a
weight­
per­
volume
basis
(
e.
g.,
milligrams
per
liter)
if
the
density
of
the
liquid
is
also
reported.
Unless
otherwise
provided,
PCBs
are
quantified
based
on
the
formulation
of
PCBs
present
in
the
material
analyzed.
For
example,
measure
AroclorTM
1242
PCBs
based
on
a
comparison
with
AroclorTM
1242
standards.
Measure
individual
congener
PCBs
based
on
a
comparison
with
individual
PCB
congener
standards.

(
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

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/
100
cm
2
to
<
100

g/
100
cm
2.
Provisions
that
apply
to
PCBs
at
concentrations
of

500
ppm
apply
also
to
contaminated
surfaces
at
PCB
concentrations
of

100

g/
100
cm
2.

(
4)
PCBs
can
be
found
in
liquid,
non­
liquid
and
multi­
phasic
(
combinations
of
liquid
and
non­
liquid)
forms.
A
person
should
use
the
following
criteria
to
determine
PCB
concentrations
to
determine
which
provisions
of
this
part
apply
to
such
PCBs.

(
i)
Any
person
determining
PCB
concentrations
for
non­
liquid
PCBs
must
do
so
on
a
dry
weight
basis.

(
ii)
Any
person
determining
PCB
concentrations
for
liquid
PCBs
must
do
so
on
a
wet
weight
basis.
Liquid
PCBs
containing
more
than
0.5
percent
by
weight
non­
dissolved
material
shall
be
analyzed
as
multi­
phasic
non­
liquid/
liquid
mixtures.

(
iii)
Any
person
determining
the
PCB
concentration
of
samples
containing
PCBs
and
non­
dissolved
non­
liquid
materials

0.5
percent,
must
separate
the
non­
dissolved
materials
into
non­
liquid
PCBs
and
liquid
PCBs.
For
multi­
phasic
non­
liquid/
liquid
or
liquid/
liquid
mixtures,
the
phases
shall
be
separated
before
chemical
analysis.
Following
phase
separation,
the
PCB
concentration
in
each
non­
liquid
phase
shall
be
determined
on
a
dry
weight
basis
and
the
PCB
concentration
in
each
liquid
phase
shall
be
determined
separately
on
a
wet
weight
basis.

(
iv)
Any
person
disposing
of
multi­
phasic
non­
liquid/
liquid
or
liquid/
liquid
mixtures
must
use
the
PCB
disposal
requirements
that
apply
to
the
individual
phase
with
the
highest
PCB
concentration
except
where
otherwise
noted.
Alternatively,
phases
may
be
separated
and
disposed
of
using
the
PCB
disposal
requirements
that
apply
to
each
separated,
single­
phase
material.

(
5)
No
person
may
avoid
any
provision
specifying
a
PCB
concentration
by
diluting
the
PCBs,
unless
otherwise
specifically
provided.

(
6)
Unless
otherwise
specified,
references
to
weights
or
volumes
of
PCBs
in
this
part
apply
to
the
total
weight
or
total
volume
of
the
material
(
oil,
soil,
debris,
etc.)
that
contains
regulated
concentrations
of
PCBs,
not
the
calculated
weight
or
volume
of
only
the
PCB
molecules
contained
in
the
material.

(
c)
Definitions
of
the
terms
used
in
these
regulations
are
in
subpart
A.
The
basic
requirements
applicable
to
disposal
and
marking
of
PCBs
and
PCB
Items
are
set
forth
in
subpart
D
 
Disposal
of
PCBs
and
PCB
Items
and
in
subpart
C
 
Marking
of
PCBs
and
PCB
Items.
Prohibitions
applicable
to
PCB
activities
are
set
forth
in
subpart
B
 
Manufacture,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items.
Subpart
B
also
includes
authorizations
from
the
prohibitions.
Subparts
C
and
D
set
forth
the
specific
requirements
for
disposal
and
marking
of
PCBs
and
PCB
Items.

(
d)
Section
15
of
the
Toxic
Substances
Control
Act
(
TSCA)
states
that
failure
to
comply
with
these
regulations
is
unlawful.
Section
16
imposes
liability
for
civil
penalties
upon
any
person
who
violates
these
regulations,
and
the
Administrator
can
establish
appropriate
remedies
for
any
violations
subject
to
any
limitations
included
in
section
16
of
TSCA.
Section
16
also
subjects
a
person
to
criminal
prosecution
for
a
violation
which
is
knowing
or
willful.
In
addition,
section
17
authorizes
Federal
district
courts
to
enjoin
activities
prohibited
by
these
regulations,
compel
the
taking
of
actions
required
by
these
regulations,
and
issue
orders
to
seize
PCBs
and
PCB
Items
manufactured,
processed
or
distributed
in
violation
of
these
regulations.

(
e)
These
regulations
do
not
preempt
other
more
stringent
Federal
statutes
and
regulations.

(
f)
Unless
and
until
superseded
by
any
new
more
stringent
regulations
issued
under
EPA
authorities,
or
any
permits
or
any
pretreatment
requirements
issued
by
EPA,
a
state
or
local
government
that
affect
release
of
PCBs
to
any
particular
medium:

(
1)
Persons
who
inadvertently
manufacture
or
import
PCBs
generated
as
unintentional
impurities
in
excluded
manufacturing
processes,
as
defined
in
§
761.3,
are
exempt
from
the
requirements
of
subpart
B
of
this
part,
provided
that
such
persons
comply
with
subpart
J
of
this
part,
as
applicable.

(
2)
Persons
who
process,
distribute
in
commerce,
or
use
products
containing
PCBs
generated
in
excluded
manufacturing
processes
defined
in
§
761.3
are
exempt
from
the
requirements
of
subpart
B
provided
that
such
persons
comply
with
subpart
J
of
this
part,
as
applicable.

(
3)
Persons
who
process,
distribute
in
commerce,
or
use
products
containing
recycled
PCBs
defined
in
§
761.3,
are
exempt
from
the
requirements
of
subpart
B
of
this
part,
provided
that
such
persons
comply
with
subpart
J
of
this
part,
as
applicable.

(
4)
Except
as
provided
in
§
761.20
(
d)
and
(
e),
persons
who
process,
distribute
in
commerce,
or
use
products
containing
excluded
PCB
products
as
defined
in
§
761.3,
are
exempt
from
the
requirements
of
subpart
B
of
this
part.

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020
(
15
U.
S.
C.
2605)

[
44
FR
31542,
May
31,
1979,
as
amended
at
49
FR
28189,
July
10,
1984;
53
FR
24220,
June
27,
1988;
63
FR
35436,
June
29,
1998;
64
FR
33759,
June
24,
1999]

§
761.2
PCB
concentration
assumptions
for
use.

(
a)(
1)
Any
person
may
assume
that
transformers
with
<
3
pounds
(
1.36
kilograms
(
kgs))
of
fluid,
circuit
breakers,
reclosers,
oil­
filled
cable,
and
rectifiers
whose
PCB
concentration
is
not
established
contain
PCBs
at
<
50
ppm.

(
2)
Any
person
must
assume
that
mineral
oil­
filled
electrical
equipment
that
was
manufactured
before
July
2,
1979,
and
whose
PCB
concentration
is
not
established
is
PCB­
Contaminated
Electrical
Equipment
(
i.
e.,
contains

50
ppm
PCB,
but
<
500
ppm
PCB).
All
pole­
top
and
pad­
mounted
distribution
transformers
manufactured
before
July
2,
1979,
must
be
assumed
to
be
mineral­
oil
filled.
Any
person
may
assume
that
electrical
equipment
manufactured
after
July
2,
1979,
is
non­
PCB
(
i.
e.,
<
50
ppm
PCBs).
If
the
date
of
manufacture
of
mineral
oil­
filled
electrical
equipment
is
unknown,
any
person
must
assume
it
to
be
PCB­
Contaminated.

(
3)
Any
person
must
assume
that
a
transformer
manufactured
prior
to
July
2,
1979,
that
contains
1.36
kg
(
3
pounds)
or
more
of
fluid
other
than
mineral
oil
and
whose
PCB
concentration
is
not
established,
is
a
PCB
Transformer
(
i.
e.,

500
ppm).
If
the
date
of
manufacture
and
the
type
of
dielectric
fluid
are
unknown,
any
person
must
assume
the
transformer
to
be
a
PCB
Transformer.

(
4)
Any
person
must
assume
that
a
capacitor
manufactured
prior
to
July
2,
1979,
whose
PCB
concentration
is
not
established
contains

500
ppm
PCBs.
Any
person
may
assume
that
a
capacitor
manufactured
after
July
2,
1979,
is
non­
PCB
(
i.
e.,
<
50
ppm
PCBs).
If
the
date
of
manufacture
is
unknown,
any
person
must
assume
the
capacitor
contains

500
ppm
PCBs.
Any
person
may
assume
that
a
capacitor
marked
at
the
time
of
manufacture
with
the
statement
"
No
PCBs"
in
accordance
with
§
761.40(
g)
is
non­
PCB.
(
b)
PCB
concentration
may
be
established
by:

(
1)
Testing
the
equipment;
or
(
2)(
i)
A
permanent
label,
mark,
or
other
documentation
from
the
manufacturer
of
the
equipment
indicating
its
PCB
concentration
at
the
time
of
manufacture;
and
(
ii)
Service
records
or
other
documentation
indicating
the
PCB
concentration
of
all
fluids
used
in
servicing
the
equipment
since
it
was
first
manufactured.

[
63
FR
35436,
June
29,
1998,
as
amended
at
64
FR
33759,
June
24,
1999]

§
761.3
Definitions.

For
the
purpose
of
this
part:

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
his
authority
to
carry
out
his
functions,
or
any
person
who
shall
by
operation
of
law
be
authorized
to
carry
out
such
functions.

Agency
means
the
United
States
Environmental
Protection
Agency.

Air
compressor
system
means
air
compressors,
piping,
receiver
tanks,
volume
tanks
and
bottles,
dryers,
airlines,
and
related
appurtenances.

Annual
document
log
means
the
detailed
information
maintained
at
the
facility
on
the
PCB
waste
handling
at
the
facility.

Annual
report
means
the
written
document
submitted
each
year
by
each
disposer
and
commercial
storer
of
PCB
waste
to
the
appropriate
EPA
Regional
Administrator.
The
annual
report
is
a
brief
summary
of
the
information
included
in
the
annual
document
log.

ASTM
means
American
Society
for
Testing
and
Materials,
100
Barr
Harbor
Drive,
West
Conshohocken,
PA
19428
 
2959.

Byproduct
means
a
chemical
substance
produced
without
separate
commercial
intent
during
the
manufacturing
or
processing
of
another
chemical
substance(
s)
or
mixture(
s).

Capacitor
means
a
device
for
accumulating
and
holding
a
charge
of
electricity
and
consisting
of
conducting
surfaces
separated
by
a
dielectric.
Types
of
capacitors
are
as
follows:

(
1)
Small
capacitor
means
a
capacitor
which
contains
less
than
1.36
kg
(
3
lbs.)
of
dielectric
fluid.
The
following
assumptions
may
be
used
if
the
actual
weight
of
the
dielectric
fluid
is
unknown.
A
capacitor
whose
total
volume
is
less
than
1,639
cubic
centimeters
(
100
cubic
inches)
may
be
considered
to
contain
less
than
1.36
kgs
(
3
lbs.)
of
dielectric
fluid
and
a
capacitor
whose
total
volume
is
more
than
3,278
cubic
centimeters
(
200
cubic
inches)
must
be
considered
to
contain
more
than
1.36
kg
(
3
lbs.)
of
dielectric
fluid.
A
capacitor
whose
volume
is
between
1,639
and
3,278
cubic
centimeters
may
be
considered
to
contain
less
then
1.36
kg
(
3
lbs.)
of
dielectric
fluid
if
the
total
weight
of
the
capacitor
is
less
than
4.08
kg
(
9
lbs.).

(
2)
Large
high
voltage
capacitor
means
a
capacitor
which
contains
1.36
kg
(
3
lbs.)
or
more
of
dielectric
fluid
and
which
operates
at
2,000
volts
(
a.
c.
or
d.
c.)
or
above.

(
3)
Large
low
voltage
capacitor
means
a
capacitor
which
contains
1.36
kg
(
3
lbs.)
or
more
of
dielectric
fluid
and
which
operates
below
2,000
volts
(
a.
c.
or
d.
c.).

CERCLA
means
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
(
42
U.
S.
C.
9601­
9657).

Certification
means
a
written
statement
regarding
a
specific
fact
or
representation
that
contains
the
following
language:

Under
civil
and
criminal
penalties
of
law
for
the
making
or
submission
of
false
or
fraudulent
statements
or
representations
(
18
U.
S.
C.
1001
and
15
U.
S.
C.
2615),
I
certify
that
the
information
contained
in
or
accompanying
this
document
is
true,
accurate,
and
complete.
As
to
the
identified
section(
s)
of
this
document
for
which
I
cannot
personally
verify
truth
and
accuracy,
I
certify
as
the
company
official
having
supervisory
responsibility
for
the
persons
who,
acting
under
my
direct
instructions,
made
the
verification
that
this
information
is
true,
accurate,
and
complete.

Chemical
substance,
(
1)
except
as
provided
in
paragraph
(
2)
of
this
definition,
means
any
organic
or
inorganic
substance
of
a
particular
molecular
identity,
including:
Any
combination
of
such
substances
occurring
in
whole
or
part
as
a
result
of
a
chemical
reaction
or
occurring
in
nature,
and
any
element
or
uncombined
radical.

(
2)
Such
term
does
not
include:
Any
mixture;
any
pesticide
(
as
defined
in
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act)
when
manufactured,
processed,
or
distributed
in
commerce
for
use
as
a
pesticide;
tobacco
or
any
tobacco
product;
any
source
material,
special
nuclear
material,
or
byproduct
material
(
as
such
terms
are
defined
in
the
Atomic
Energy
Act
of
1954
and
regulations
issued
under
such
Act);
any
article
the
sale
of
which
is
subject
to
the
tax
imposed
by
section
4181
of
the
Internal
Revenue
Code
of
1954
(
determined
without
regard
to
any
exemptions
from
such
tax
provided
by
section
4182
or
section
4221
or
any
provisions
of
such
Code);
and
any
food,
food
additive,
drug,
cosmetic,
or
device
(
as
such
terms
are
defined
in
section
201
of
the
Federal
Food,
Drug,
and
Cosmetic
Act)
when
manufactured,
processed,
or
distributed
in
commerce
for
use
as
a
food,
food
additive,
drug,
cosmetic,
or
device.

Chemical
waste
landfill
means
a
landfill
at
which
protection
against
risk
of
injury
to
health
or
the
environment
from
migration
of
PCBs
to
land,
water,
or
the
atmosphere
is
provided
from
PCBs
and
PCB
Items
deposited
therein
by
locating,
engineering,
and
operating
the
landfill
as
specified
in
§
761.75.
Cleanup
site
means
the
areal
extent
of
contamination
and
all
suitable
areas
in
very
close
proximity
to
the
contamination
necessary
for
implementation
of
a
cleanup
of
PCB
remediation
waste,
regardless
of
whether
the
site
was
intended
for
management
of
waste.

Commerce
means
trade,
traffic,
transportation,
or
other
commerce:

(
1)
Between
a
place
in
a
State
and
any
place
outside
of
such
State,
or
(
2)
Which
affects
trade,
traffic,
transportation,
or
commerce
described
in
paragraph
(
1)
of
this
definition.

Commercial
storer
of
PCB
waste
means
the
owner
or
operator
of
each
facility
that
is
subject
to
the
PCB
storage
unit
standards
of
§
761.65(
b)(
1)
or
(
c)(
7)
or
meets
the
alternate
storage
criteria
of
§
761.65(
b)(
2),
and
who
engages
in
storage
activities
involving
either
PCB
waste
generated
by
others
or
that
was
removed
while
servicing
the
equipment
owned
by
others
and
brokered
for
disposal.
The
receipt
of
a
fee
or
any
other
form
of
compensation
for
storage
services
is
not
necessary
to
qualify
as
a
commercial
storer
of
PCB
waste.
A
generator
who
only
stores
its
own
waste
is
subject
to
the
storage
requirements
of
§
761.65,
but
is
not
required
to
obtain
approval
as
a
commercial
storer.
If
a
facility's
storage
of
PCB
waste
generated
by
others
at
no
time
exceeds
a
total
of
500
gallons
of
liquid
and/
or
non­
liquid
material
containing
PCBs
at
regulated
levels,
the
owner
or
operator
is
a
commercial
storer
but
is
not
required
to
seek
EPA
approval
as
a
commercial
storer
of
PCB
waste.
Storage
of
one
company's
PCB
waste
by
a
related
company
is
not
considered
commercial
storage.
A
"
related
company"
includes,
but
is
not
limited
to:
a
parent
company
and
its
subsidiaries;
sibling
companies
owned
by
the
same
parent
company;
companies
owned
by
a
common
holding
company;
members
of
electric
cooperatives;
entities
within
the
same
Executive
agency
as
defined
at
5
U.
S.
C.
105;
and
a
company
having
a
joint
ownership
interest
in
a
facility
from
which
PCB
waste
is
generated
(
such
as
a
jointly
owned
electric
power
generating
station)
where
the
PCB
waste
is
stored
by
one
of
the
co­
owners
of
the
facility.
A
"
related
company"
does
not
include
another
voluntary
member
of
the
same
trade
association.
Change
in
ownership
or
title
of
a
generator's
facility,
where
the
generator
is
storing
PCB
waste,
does
not
make
the
new
owner
of
the
facility
a
commercial
storer
of
PCB
waste.

Designated
facility
means
the
off­
site
disposer
or
commercial
storer
of
PCB
waste
designated
on
the
manifest
as
the
facility
that
will
receive
a
manifested
shipment
of
PCB
waste.

Disposal
means
intentionally
or
accidentally
to
discard,
throw
away,
or
otherwise
complete
or
terminate
the
useful
life
of
PCBs
and
PCB
Items.
Disposal
includes
spills,
leaks,
and
other
uncontrolled
discharges
of
PCBs
as
well
as
actions
related
to
containing,
transporting,
destroying,
degrading,
decontaminating,
or
confining
PCBs
and
PCB
Items.

Disposer
of
PCB
waste,
as
the
term
is
used
in
subparts
J
and
K
of
this
part,
means
any
person
who
owns
or
operates
a
facility
approved
by
EPA
for
the
disposal
of
PCB
waste
which
is
regulated
for
disposal
under
the
requirements
of
subpart
D
of
this
part.

Distribute
in
commerce
and
Distribution
in
Commerce
when
used
to
describe
an
action
taken
with
respect
to
a
chemical
substance,
mixture,
or
article
containing
a
substance
or
mixture
means
to
sell,
or
the
sale
of,
the
substance,
mixture,
or
article
in
commerce;
to
introduce
or
deliver
for
introduction
into
commerce,
or
the
introduction
or
delivery
for
introduction
into
commerce
of
the
substance,
mixture,
or
article;
or
to
hold
or
the
holding
of,
the
substance,
mixture,
or
article
after
its
introduction
into
commerce.

DOT
means
the
United
States
Department
of
Transportation.

Dry
weight
means
the
weight
of
the
sample,
excluding
the
weight
of
the
water
in
the
sample.
Prior
to
chemical
analysis
the
water
may
be
removed
by
any
reproducible
method
that
is
applicable
to
measuring
PCBs
in
the
sample
matrix
at
the
concentration
of
concern,
such
as
air
drying
at
ambient
temperature,
filtration,
decantation,
heating
at
low
temperature
followed
by
cooling
in
the
presence
of
a
desiccant,
or
other
processes
or
combinations
of
processes
which
would
remove
water
but
not
remove
PCBs
from
the
sample.
Analytical
procedures
which
calculate
the
dry
weight
concentration
by
adjusting
for
moisture
content
may
also
be
used.

EPA
identification
number
means
the
12­
digit
number
assigned
to
a
facility
by
EPA
upon
notification
of
PCB
waste
activity
under
§
761.205.

Excluded
manufacturing
process
means
a
manufacturing
process
in
which
quantities
of
PCBs,
as
determined
in
accordance
with
the
definition
of
inadvertently
generated
PCBs,
calculated
as
defined,
and
from
which
releases
to
products,
air,
and
water
meet
the
requirements
of
paragraphs
(
1)
through
(
5)
of
this
definition,
or
the
importation
of
products
containing
PCBs
as
unintentional
impurities,
which
products
meet
the
requirements
of
paragraphs
(
1)
and
(
2)
of
this
definition.

(
1)
The
concentration
of
inadvertently
generated
PCBs
in
products
leaving
any
manufacturing
site
or
imported
into
the
United
States
must
have
an
annual
average
of
less
than
25
ppm,
with
a
50
ppm
maximum.

(
2)
The
concentration
of
inadvertently
generated
PCBs
in
the
components
of
detergent
bars
leaving
the
manufacturing
site
or
imported
into
the
United
States
must
be
less
than
5
ppm.

(
3)
The
release
of
inadvertently
generated
PCBs
at
the
point
at
which
emissions
are
vented
to
ambient
air
must
be
less
than
10
ppm.

(
4)
The
amount
of
inadvertently
generated
PCBs
added
to
water
discharged
from
a
manufacturing
site
must
be
less
than
100
micrograms
per
resolvable
gas
chromatographic
peak
per
liter
of
water
discharged.

(
5)
Disposal
of
any
other
process
wastes
above
concentrations
of
50
ppm
PCB
must
be
in
accordance
with
subpart
D
of
this
part.

Excluded
PCB
products
means
PCB
materials
which
appear
at
concentrations
less
than
50
ppm,
including
but
not
limited
to:
(
1)
Non­
Aroclor
inadvertently
generated
PCBs
as
a
byproduct
or
impurity
resulting
from
a
chemical
manufacturing
process.

(
2)
Products
contaminated
with
Aroclor
or
other
PCB
materials
from
historic
PCB
uses
(
investment
casting
waxes
are
one
example).

(
3)
Recycled
fluids
and/
or
equipment
contaminated
during
use
involving
the
products
described
in
paragraphs
(
1)
and
(
2)
of
this
definition
(
heat
transfer
and
hydraulic
fluids
and
equipment
and
other
electrical
equipment
components
and
fluids
are
examples).

(
4)
Used
oils,
provided
that
in
the
cases
of
paragraphs
(
1)
through
(
4)
of
this
definition:

(
i)
The
products
or
source
of
the
products
containing
<
50
ppm
concentration
PCBs
were
legally
manufactured,
processed,
distributed
in
commerce,
or
used
before
October
1,
1984.

(
ii)
The
products
or
source
of
the
products
containing
<
50
ppm
concentrations
PCBs
were
legally
manufactured,
processed,
distributed
in
commerce,
or
used,
i.
e.,
pursuant
to
authority
granted
by
EPA
regulation,
by
exemption
petition,
by
settlement
agreement,
or
pursuant
to
other
Agency­
approved
programs;

(
iii)
The
resulting
PCB
concentration
(
i.
e.
below
50
ppm)
is
not
a
result
of
dilution,
or
leaks
and
spills
of
PCBs
in
concentrations
over
50
ppm.

Facility
means
all
contiguous
land,
and
structures,
other
appurtenances,
and
improvements
on
the
land,
used
for
the
treatment,
storage,
or
disposal
of
PCB
waste.
A
facility
may
consist
of
one
or
more
treatment,
storage,
or
disposal
units.

Fluorescent
light
ballast
means
a
device
that
electrically
controls
fluorescent
light
fixtures
and
that
includes
a
capacitor
containing
0.1
kg
or
less
of
dielectric.

Generator
of
PCB
waste
means
any
person
whose
act
or
process
produces
PCBs
that
are
regulated
for
disposal
under
subpart
D
of
this
part,
or
whose
act
first
causes
PCBs
or
PCB
Items
to
become
subject
to
the
disposal
requirements
of
subpart
D
of
this
part,
or
who
has
physical
control
over
the
PCBs
when
a
decision
is
made
that
the
use
of
the
PCBs
has
been
terminated
and
therefore
is
subject
to
the
disposal
requirements
of
subpart
D
of
this
part.
Unless
another
provision
of
this
part
specifically
requires
a
site­
specific
meaning,
"
generator
of
PCB
waste"
includes
all
of
the
sites
of
PCB
waste
generation
owned
or
operated
by
the
person
who
generates
PCB
waste.

High
occupancy
area
means
any
area
where
PCB
remediation
waste
has
been
disposed
of
on­
site
and
where
occupancy
for
any
individual
not
wearing
dermal
and
respiratory
protection
for
a
calendar
year
is:
840
hours
or
more
(
an
average
of
16.8
hours
or
more
per
week)
for
non­
porous
surfaces
and
335
hours
or
more
(
an
average
of
6.7
hours
or
more
per
week)
for
bulk
PCB
remediation
waste.
Examples
could
include
a
residence,
school,
day
care
center,
sleeping
quarters,
a
single
or
multiple
occupancy
40
hours
per
week
work
station,
a
school
class
room,
a
cafeteria
in
an
industrial
facility,
a
control
room,
and
a
work
station
at
an
assembly
line.

Importer
means
any
person
defined
as
an
"
importer"
at
§
720.3(
l)
of
this
chapter
who
imports
PCBs
or
PCB
Items
and
is
under
the
jurisdiction
of
the
United
States.

Impurity
means
a
chemical
substance
which
is
unintentionally
present
with
another
chemical
substance.

In
or
Near
Commercial
Buildings
means
within
the
interior
of,
on
the
roof
of,
attached
to
the
exterior
wall
of,
in
the
parking
area
serving,
or
within
30
meters
of
a
non­
industrial
non­
substation
building.
Commercial
buildings
are
typically
accessible
to
both
members
of
the
general
public
and
employees,
and
include:
(
1)
Public
assembly
properties,
(
2)
educational
properties,
(
3)
institutional
properties,
(
4)
residential
properties,
(
5)
stores,
(
6)
office
buildings,
and
(
7)
transportation
centers
(
e.
g.,
airport
terminal
buildings,
subway
stations,
bus
stations,
or
train
stations).

Incinerator
means
an
engineered
device
using
controlled
flame
combustion
to
thermally
degrade
PCBs
and
PCB
Items.
Examples
of
devices
used
for
incineration
include
rotary
kilns,
liquid
injection
incinerators,
cement
kilns,
and
high
temperature
boilers.

Industrial
building
means
a
building
directly
used
in
manufacturing
or
technically
productive
enterprises.
Industrial
buildings
are
not
generally
or
typically
accessible
to
other
than
workers.
Industrial
buildings
include
buildings
used
directly
in
the
production
of
power,
the
manufacture
of
products,
the
mining
of
raw
materials,
and
the
storage
of
textiles,
petroleum
products,
wood
and
paper
products,
chemicals,
plastics,
and
metals.

Laboratory
means
a
facility
that
analyzes
samples
for
PCBs
and
is
unaffiliated
with
any
entity
whose
activities
involve
PCBs.

Leak
or
leaking
means
any
instance
in
which
a
PCB
Article,
PCB
Container,
or
PCB
Equipment
has
any
PCBs
on
any
portion
of
its
external
surface.

Liquid
PCBs
means
a
homogenous
flowable
material
containing
PCBs
and
no
more
than
0.5
percent
by
weight
non­
dissolved
material.

Low
occupancy
area
means
any
area
where
PCB
remediation
waste
has
been
disposed
of
on­
site
and
where
occupancy
for
any
individual
not
wearing
dermal
and
respiratory
protection
for
a
calendar
year
is:
less
than
840
hours
(
an
average
of
16.8
hours
per
week)
for
non­
porous
surfaces
and
less
than
335
hours
(
an
average
of
6.7
hours
per
week)
for
bulk
PCB
remediation
waste.
Examples
could
include
an
electrical
substation
or
a
location
in
an
industrial
facility
where
a
worker
spends
small
amounts
of
time
per
week
(
such
as
an
unoccupied
area
outside
a
building,
an
electrical
equipment
vault,
or
in
the
non­
office
space
in
a
warehouse
where
occupancy
is
transitory).

Manifest
means
the
shipping
document
EPA
form
8700
 
22
and
any
continuation
sheet
attached
to
EPA
form
8700
 
22,
originated
and
signed
by
the
generator
of
PCB
waste
in
accordance
with
the
instructions
included
with
the
form
and
subpart
K
of
this
part.

Manned
Control
Center
means
an
electrical
power
distribution
control
room
where
the
operating
conditions
of
a
PCB
Transformer
are
continuously
monitored
during
the
normal
hours
of
operation
(
of
the
facility),
and,
where
the
duty
engineers,
electricians,
or
other
trained
personnel
have
the
capability
to
deenergize
a
PCB
Transformer
completely
within
1
minute
of
the
receipt
of
a
signal
indicating
abnormal
operating
conditions
such
as
an
overtemperature
condition
or
overpressure
condition
in
a
PCB
Transformer.

Manufacture
means
to
produce,
manufacture,
or
import
into
the
customs
territory
of
the
United
States.

Manufacturing
process
means
all
of
a
series
of
unit
operations
operating
at
a
site,
resulting
in
the
production
of
a
product.

Mark
means
the
descriptive
name,
instructions,
cautions,
or
other
information
applied
to
PCBs
and
PCB
Items,
or
other
objects
subject
to
these
regulations.

Marked
means
the
marking
of
PCB
Items
and
PCB
storage
areas
and
transport
vehicles
by
means
of
applying
a
legible
mark
by
painting,
fixation
of
an
adhesive
label,
or
by
any
other
method
that
meets
the
requirements
of
these
regulations.

Market/
Marketers
means
the
processing
or
distributing
in
commerce,
or
the
person
who
processes
or
distributes
in
commerce,
used
oil
fuels
to
burners
or
other
marketers,
and
may
include
the
generator
of
the
fuel
if
it
markets
the
fuel
directly
to
the
burner.

Mineral
Oil
PCB
Transformer
means
any
transformer
originally
designed
to
contain
mineral
oil
as
the
dielectric
fluid
and
which
has
been
tested
and
found
to
contain
500
ppm
or
greater
PCBs.

Mixture
means
any
combination
of
two
or
more
chemical
substances
if
the
combination
does
not
occur
in
nature
and
is
not,
in
whole
or
in
part,
the
result
of
a
chemical
reaction;
except
that
such
term
does
include
any
combination
which
occurs,
in
whole
or
in
part,
as
a
result
of
a
chemical
reaction
if
none
of
the
chemical
substances
comprising
the
combination
is
a
new
chemical
substance
and
if
the
combination
could
have
been
manufactured
for
commercial
purposes
without
a
chemical
reaction
at
the
time
the
chemical
substances
comprising
the
combination
were
combined.

Municipal
solid
wastes
means
garbage,
refuse,
sludges,
wastes,
and
other
discarded
materials
resulting
from
residential
and
non­
industrial
operations
and
activities,
such
as
household
activities,
office
functions,
and
commercial
housekeeping
wastes.

Natural
gas
pipeline
system
means
natural
gas
gathering
facilities,
natural
gas
pipe,
natural
gas
compressors,
natural
gas
storage
facilities,
and
natural
gas
pipeline
appurtenances
(
including
instrumentation
and
vessels
directly
in
contact
with
transported
natural
gas
such
as
valves,
regulators,
drips,
filter
separators,
etc.,
but
not
including
air
compressors).

Non­
liquid
PCBs
means
materials
containing
PCBs
that
by
visual
inspection
do
not
flow
at
room
temperature
(
25
°
C
or
77
°
F)
or
from
which
no
liquid
passes
when
a
100
g
or
100
ml
representative
sample
is
placed
in
a
mesh
number
60
±
5
percent
paint
filter
and
allowed
to
drain
at
room
temperature
for
5
minutes.

Non­
PCB
Transformer
means
any
transformer
that
contains
less
than
50
ppm
PCB;
except
that
any
transformer
that
has
been
converted
from
a
PCB
Transformer
or
a
PCB­
Contaminated
Transformer
cannot
be
classified
as
a
non­
PCB
Transformer
until
reclassification
has
occurred,
in
accordance
with
the
requirements
of
§
761.30(
a)(
2)(
v).

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
high
density
plastics,
such
as
polycarbonates
and
melamines,
that
do
not
absorb
organic
solvents.

NTIS
means
the
National
Technical
Information
Service,
U.
S.
Department
of
Commerce,
5285
Port
Royal
Rd.,
Springfield,
VA
22161.

On
site
means
within
the
boundaries
of
a
contiguous
property
unit.

Open
burning
means
the
combustion
of
any
PCB
regulated
for
disposal,
in
a
manner
not
approved
or
otherwise
allowed
under
subpart
D
of
this
part,
and
without
any
of
the
following:

(
1)
Control
of
combustion
air
to
maintain
adequate
temperature
for
efficient
combustion.

(
2)
Containment
of
the
combustion
reaction
in
an
enclosed
device
to
provide
sufficient
residence
time
and
mixing
for
complete
combustion.

(
3)
Control
of
emission
of
the
gaseous
combustion
products.

PCB
and
PCBs
means
any
chemical
substance
that
is
limited
to
the
biphenyl
molecule
that
has
been
chlorinated
to
varying
degrees
or
any
combination
of
substances
which
contains
such
substance.
Refer
to
§
761.1(
b)
for
applicable
concentrations
of
PCBs.
PCB
and
PCBs
as
contained
in
PCB
items
are
defined
in
§
761.3.
For
any
purposes
under
this
part,
inadvertently
generated
non­
Aroclor
PCBs
are
defined
as
the
total
PCBs
calculated
following
division
of
the
quantity
of
monochlorinated
biphenyls
by
50
and
dichlorinated
biphenyls
by
5.

PCB
Article
means
any
manufactured
article,
other
than
a
PCB
Container,
that
contains
PCBs
and
whose
surface(
s)
has
been
in
direct
contact
with
PCBs.
"
PCB
Article"
includes
capacitors,
transformers,
electric
motors,
pumps,
pipes
and
any
other
manufactured
item
(
1)
which
is
formed
to
a
specific
shape
or
design
during
manufacture,
(
2)
which
has
end
use
function(
s)
dependent
in
whole
or
in
part
upon
its
shape
or
design
during
end
use,
and
(
3)
which
has
either
no
change
of
chemical
composition
during
its
end
use
or
only
those
changes
of
composition
which
have
no
commercial
purpose
separate
from
that
of
the
PCB
Article.

PCB
Article
Container
means
any
package,
can,
bottle,
bag,
barrel,
drum,
tank,
or
other
device
used
to
contain
PCB
Articles
or
PCB
Equipment,
and
whose
surface(
s)
has
not
been
in
direct
contact
with
PCBs.

PCB
bulk
product
waste
means
waste
derived
from
manufactured
products
containing
PCBs
in
a
non­
liquid
state,
at
any
concentration
where
the
concentration
at
the
time
of
designation
for
disposal
was

50
ppm
PCBs.
PCB
bulk
product
waste
does
not
include
PCBs
or
PCB
Items
regulated
for
disposal
under
§
761.60(
a)
through
(
c),
§
761.61,
§
761.63,
or
§
761.64.
PCB
bulk
product
waste
includes,
but
is
not
limited
to:

(
1)
Non­
liquid
bulk
wastes
or
debris
from
the
demolition
of
buildings
and
other
man­
made
structures
manufactured,
coated,
or
serviced
with
PCBs.
PCB
bulk
product
waste
does
not
include
debris
from
the
demolition
of
buildings
or
other
man­
made
structures
that
is
contaminated
by
spills
from
regulated
PCBs
which
have
not
been
disposed
of,
decontaminated,
or
otherwise
cleaned
up
in
accordance
with
subpart
D
of
this
part.

(
2)
PCB­
containing
wastes
from
the
shredding
of
automobiles,
household
appliances,
or
industrial
appliances.

(
3)
Plastics
(
such
as
plastic
insulation
from
wire
or
cable;
radio,
television
and
computer
casings;
vehicle
parts;
or
furniture
laminates);
preformed
or
molded
rubber
parts
and
components;
applied
dried
paints,
varnishes,
waxes
or
other
similar
coatings
or
sealants;
caulking;
adhesives;
paper;
Galbestos;
sound
deadening
or
other
types
of
insulation;
and
felt
or
fabric
products
such
as
gaskets.

(
4)
Fluorescent
light
ballasts
containing
PCBs
in
the
potting
material.

PCB
Capacitor
means
any
capacitor
that
contains

500
ppm
PCB.
Concentration
assumptions
applicable
to
capacitors
appear
under
§
761.2.

PCB
Container
means
any
package,
can,
bottle,
bag,
barrel,
drum,
tank,
or
other
device
that
contains
PCBs
or
PCB
Articles
and
whose
surface(
s)
has
been
in
direct
contact
with
PCBs.

PCB­
Contaminated
means
a
non­
liquid
material
containing
PCBs
at
concentrations

50
ppm
but
<
500
ppm;
a
liquid
material
containing
PCBs
at
concentrations

50
ppm
but
<
500
ppm
or
where
insufficient
liquid
material
is
available
for
analysis,
a
non­
porous
surface
having
a
surface
concentration
>
10

g/
100
cm
2
but
<
100

g/
100
cm
2,
measured
by
a
standard
wipe
test
as
defined
in
§
761.123.

PCB­
Contaminated
Electrical
Equipment
means
any
electrical
equipment
including,
but
not
limited
to,
transformers
(
including
those
used
in
railway
locomotives
and
self­
propelled
cars),
capacitors,
circuit
breakers,
reclosers,
voltage
regulators,
switches
(
including
sectionalizers
and
motor
starters),
electromagnets,
and
cable,
that
contains
PCBs
at
concentrations
of

50
ppm
and
<
500
ppm
in
the
contaminating
fluid.
In
the
absence
of
liquids,
electrical
equipment
is
PCB­
Contaminated
if
it
has
PCBs
at
>
10

g/
100
cm
2
and
<
100

g/
100
cm
2
as
measured
by
a
standard
wipe
test
(
as
defined
in
§
761.123)
of
a
non­
porous
surface.

PCB
Equipment
means
any
manufactured
item,
other
than
a
PCB
Container
or
a
PCB
Article
Container,
which
contains
a
PCB
Article
or
other
PCB
Equipment,
and
includes
microwave
ovens,
electronic
equipment,
and
fluorescent
light
ballasts
and
fixtures.

PCB
field
screening
test
means
a
portable
analytical
device
or
kit
which
measures
PCBs.
PCB
field
screening
tests
usually
report
less
than
or
greater
than
a
specific
numerical
PCB
concentration.
These
tests
normally
build
in
a
safety
factor
which
increases
the
probability
of
a
false
positive
report
and
decreases
the
probability
of
a
false
negative
report.
PCB
field
screening
tests
do
not
usually
provide:
an
identity
record
generated
by
an
instrument;
a
quantitative
comparison
record
from
calibration
standards;
any
identification
of
PCBs;
and/
or
any
indication
or
identification
of
interferences
with
the
measurement
of
the
PCBs.
PCB
field
screening
test
technologies
include,
but
are
not
limited
to,
total
chlorine
colorimetric
tests,
total
chlorine
x­
ray
fluorescence
tests,
total
chlorine
microcoulometric
tests,
and
rapid
immunoassay
tests.

PCB
household
waste
means
PCB
waste
that
is
generated
by
residents
on
the
premises
of
a
temporary
or
permanent
residence
for
individuals
(
including
individually
owned
or
rented
units
of
a
multi­
unit
construction),
and
that
is
composed
primarily
of
materials
found
in
wastes
generated
by
consumers
in
their
homes.
PCB
household
waste
includes
unwanted
or
discarded
non­
commercial
vehicles
(
prior
to
shredding),
household
items,
and
appliances
or
appliance
parts
and
wastes
generated
on
the
premises
of
a
residence
for
individuals
as
a
result
of
routine
household
maintenance
by
or
on
behalf
of
the
resident.
Bulk
or
commingled
liquid
PCB
wastes
at
concentrations
of

50
ppm,
demolition
and
renovation
wastes,
and
industrial
or
heavy
duty
equipment
with
PCBs
are
not
household
wastes.

PCB
Item
means
any
PCB
Article,
PCB
Article
Container,
PCB
Container,
PCB
Equipment,
or
anything
that
deliberately
or
unintentionally
contains
or
has
as
a
part
of
it
any
PCB
or
PCBs.

PCB/
radioactive
waste
means
PCBs
regulated
for
disposal
under
subpart
D
of
this
part
that
also
contain
source,
special
nuclear,
or
byproduct
material
subject
to
regulation
under
the
Atomic
Energy
Act
of
1954,
as
amended,
or
naturally­
occurring
or
accelerator­
produced
radioactive
material.

PCB
remediation
waste
means
waste
containing
PCBs
as
a
result
of
a
spill,
release,
or
other
unauthorized
disposal,
at
the
following
concentrations:
Materials
disposed
of
prior
to
April
18,
1978,
that
are
currently
at
concentrations

50
ppm
PCBs,
regardless
of
the
concentration
of
the
original
spill;
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;
and
materials
which
are
currently
at
any
concentration
if
the
PCBs
are
spilled
or
released
from
a
source
not
authorized
for
use
under
this
part.
PCB
remediation
waste
means
soil,
rags,
and
other
debris
generated
as
a
result
of
any
PCB
spill
cleanup,
including,
but
not
limited
to:
(
1)
Environmental
media
containing
PCBs,
such
as
soil
and
gravel;
dredged
materials,
such
as
sediments,
settled
sediment
fines,
and
aqueous
decantate
from
sediment.

(
2)
Sewage
sludge
containing
<
50
ppm
PCBs
and
not
in
use
according
to
§
761.20(
a)(
4);
PCB
sewage
sludge;
commercial
or
industrial
sludge
contaminated
as
the
result
of
a
spill
of
PCBs
including
sludges
located
in
or
removed
from
any
pollution
control
device;
aqueous
decantate
from
an
industrial
sludge.

(
3)
Buildings
and
other
man­
made
structures
(
such
as
concrete
floors,
wood
floors,
or
walls
contaminated
from
a
leaking
PCB
or
PCB­
Contaminated
Transformer),
porous
surfaces,
and
non­
porous
surfaces.

PCB
sewage
sludge
means
sewage
sludge
as
defined
in
40
CFR
503.9(
w)
which
contains

50
ppm
PCBs,
as
measured
on
a
dry
weight
basis.

PCB
Transformer
means
any
transformer
that
contains

500
ppm
PCBs.
For
PCB
concentration
assumptions
applicable
to
transformers
containing
1.36
kilograms
(
3
lbs.)
or
more
of
fluid
other
than
mineral
oil,
see
§
761.2.
For
provisions
permitting
reclassification
of
electrical
equipment,
including
PCB
Transformers,
containing

500
ppm
PCBs
to
PCB­
Contaminated
Electrical
Equipment,
see
§
761.30(
a)
and
(
h).

PCB
waste(
s)
means
those
PCBs
and
PCB
Items
that
are
subject
to
the
disposal
requirements
of
subpart
D
of
this
part.

Performance­
based
organic
decontamination
fluid
(
PODF)
means
kerosene,
diesel
fuel,
terpene
hydrocarbons,
and
terpene
hydrocarbon/
alcohol
mixtures.

Person
means
any
natural
or
judicial
person
including
any
individual,
corporation,
partnership,
or
association;
any
State
or
political
subdivision
thereof;
any
interstate
body;
and
any
department,
agency,
or
instrumentality
of
the
Federal
Government.

Porous
surface
means
any
surface
that
allows
PCBs
to
penetrate
or
pass
into
itself
including,
but
not
limited
to,
paint
or
coating
on
metal;
corroded
metal;
fibrous
glass
or
glass
wool;
unglazed
ceramics;
ceramics
with
a
porous
glaze;
porous
building
stone
such
as
sandstone,
travertine,
limestone,
or
coral
rock;
low­
density
plastics
such
as
styrofoam
and
low­
density
polyethylene;
coated
(
varnished
or
painted)
or
uncoated
wood;
concrete
or
cement;
plaster;
plasterboard;
wallboard;
rubber;
fiberboard;
chipboard;
asphalt;
or
tar
paper.
For
purposes
of
cleaning
and
disposing
of
PCB
remediation
waste,
porous
surfaces
have
different
requirements
than
non­
porous
surfaces.

Posing
an
exposure
risk
to
food
or
feed
means
being
in
any
location
where
human
food
or
animal
feed
products
could
be
exposed
to
PCBs
released
from
a
PCB
Item.
A
PCB
Item
poses
an
exposure
risk
to
food
or
feed
if
PCBs
released
in
any
way
from
the
PCB
Item
have
a
potential
pathway
to
human
food
or
animal
feed.
EPA
considers
human
food
or
animal
feed
to
include
items
regulated
by
the
U.
S.
Department
of
Agriculture
or
the
Food
and
Drug
Administration
as
human
food
or
animal
feed;
this
includes
direct
additives.
Food
or
feed
is
excluded
from
this
definition
if
it
is
used
or
stored
in
private
homes.

Process
means
the
preparation
of
a
chemical
substance
or
mixture,
after
its
manufacture,
for
distribution
in
commerce:

(
1)
In
the
same
form
or
physical
state
as,
or
in
a
different
form
or
physical
state
from,
that
in
which
it
was
received
by
the
person
so
preparing
such
substance
or
mixture,
or
(
2)
As
part
of
an
article
containing
the
chemical
substance
or
mixture.

Qualified
incinerator
means
one
of
the
following:

(
1)
An
incinerator
approved
under
the
provisions
of
§
761.70.
Any
level
of
PCB
concentration
can
be
destroyed
in
an
incinerator
approved
under
§
761.70.

(
2)
A
high
efficiency
boiler
which
complies
with
the
criteria
of
§
761.71(
a)(
1),
and
for
which
the
operator
has
given
written
notice
to
the
appropriate
EPA
Regional
Administrator
in
accordance
with
the
notification
requirements
for
the
burning
of
mineral
oil
dielectric
fluid
under
§
761.71(
a)(
2).

(
3)
An
incinerator
approved
under
section
3005(
c)
of
the
Resource
Conservation
and
Recovery
Act
(
42
U.
S.
C.
6925(
c))
(
RCRA).

(
4)
Industrial
furnaces
and
boilers
which
are
identified
in
40
CFR
260.10
and
40
CFR
279.61
(
a)(
1)
and
(
2)
when
operating
at
their
normal
operating
temperatures
(
this
prohibits
feeding
fluids,
above
the
level
of
detection,
during
either
startup
or
shutdown
operations).

Quantifiable
Level/
Level
of
Detection
means
2
micrograms
per
gram
from
any
resolvable
gas
chromatographic
peak,
i.
e.
2
ppm.

RCRA
means
the
Resource
Conservation
and
Recovery
Act
(
40
U.
S.
C.
6901
et
seq.).

Recycled
PCBs
means
those
PCBs
which
appear
in
the
processing
of
paper
products
or
asphalt
roofing
materials
from
PCB­
contaminated
raw
materials.
Processes
which
recycle
PCBs
must
meet
the
following
requirements:

(
1)
There
are
no
detectable
concentrations
of
PCBs
in
asphalt
roofing
material
products
leaving
the
processing
site.

(
2)
The
concentration
of
PCBs
in
paper
products
leaving
any
manufacturing
site
processing
paper
products,
or
in
paper
products
imported
into
the
United
States,
must
have
an
annual
average
of
less
than
25
ppm
with
a
50
ppm
maximum.

(
3)
The
release
of
PCBs
at
the
point
at
which
emissions
are
vented
to
ambient
air
must
be
less
than
10
ppm.

(
4)
The
amount
of
Aroclor
PCBs
added
to
water
discharged
from
an
asphalt
roofing
processing
site
must
at
all
times
be
less
than
3
micrograms
per
liter
(

g/
L)
for
total
Aroclors
(
roughly
3
parts
per
billion
(
3
ppb)).
Water
discharges
from
the
processing
of
paper
products
must
at
all
times
be
less
than
3
micrograms
per
liter
(

g/
L)
for
total
Aroclors
(
roughly
3
ppb),
or
comply
with
the
equivalent
mass­
based
limitation.

(
5)
Disposal
of
any
other
process
wastes
at
concentrations
of
50
ppm
or
greater
must
be
in
accordance
with
subpart
D
of
this
part.

Research
and
development
(
R&
D)
for
PCB
disposal
means
demonstrations
for
commercial
PCB
disposal
approvals,
pre­
demonstration
tests,
tests
of
major
modifications
to
previously
approved
PCB
disposal
technologies,
treatability
studies
for
PCB
disposal
technologies
which
have
not
been
approved,
development
of
new
disposal
technologies,
and
research
on
chemical
transformation
processes
including,
but
not
limited
to,
biodegradation.

Retrofill
means
to
remove
PCB
or
PCB­
contaminated
dielectric
fluid
and
to
replace
it
with
either
PCB,
PCB­
contaminated,
or
non­
PCB
dielectric
fluid.

Rupture
of
a
PCB
Transformer
means
a
violent
or
non­
violent
break
in
the
integrity
of
a
PCB
Transformer
caused
by
an
overtemperature
and/
or
overpressure
condition
that
results
in
the
release
of
PCBs.

Sale
for
purposes
other
than
resale
means
sale
of
PCBs
for
purposes
of
disposal
and
for
purposes
of
use,
except
where
use
involves
sale
for
distribution
in
commerce.
PCB
Equipment
which
is
first
leased
for
purposes
of
use
any
time
before
July
1,
1979,
will
be
considered
sold
for
purposes
other
than
resale.

Sewage
sludge
means
sewage
sludge
as
defined
in
§
503.9(
w)
of
this
chapter
that
contains
<
50
ppm
(
on
a
dry
weight
basis)
PCBs.

Small
quantities
for
research
and
development
means
any
quantity
of
PCBs
(
1)
that
is
originally
packaged
in
one
or
more
hermetically
sealed
containers
of
a
volume
of
no
more
than
five
(
5.0)
milliliters,
and
(
2)
that
is
used
only
for
purposes
of
scientific
experimentation
or
analysis,
or
chemical
research
on,
or
analysis
of,
PCBs,
but
not
for
research
or
analysis
for
the
development
of
a
PCB
product.

Soil
washing
means
the
extraction
of
PCBs
from
soil
using
a
solvent,
recovering
the
solvent
from
the
soil,
separating
the
PCBs
from
the
recovered
solvent
for
disposal,
and
then
disposal
or
reuse
of
the
solvent.

Standard
wipe
sample
means
a
sample
collected
for
chemical
extraction
and
analysis
using
the
standard
wipe
test
as
defined
in
§
761.123.
Except
as
designated
elsewhere
in
part
761,
the
minimum
surface
area
to
be
sampled
shall
be
100
cm
2.
Storage
for
disposal
means
temporary
storage
of
PCBs
that
have
been
designated
for
disposal.

SW
 
846
means
the
document
having
the
title
"
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste,"
which
is
available
from
either
the
National
Technical
Information
Service
(
NTIS,
U.
S.
Department
of
Commerce,
5285
Port
Royal
Rd.,
Springfield,
VA
22161,
telephone:
(
703)
487­
4650
or
the
U.
S.
Government
Printing
Office
(
U.
S.
GPO,
710
North
Capitol
St.,
NW.,
Washington,
DC
20401,
telephone:
(
202)
783­
3238.

Totally
enclosed
manner
means
any
manner
that
will
ensure
no
exposure
of
human
beings
or
the
environment
to
any
concentration
of
PCBs.

Transfer
facility
means
any
transportation­
related
facility
including
loading
docks,
parking
areas,
and
other
similar
areas
where
shipments
of
PCB
waste
are
held
during
the
normal
course
of
transportation.
Transport
vehicles
are
not
transfer
facilities
under
this
definition,
unless
they
are
used
for
the
storage
of
PCB
waste,
rather
than
for
actual
transport
activities.
Storage
areas
for
PCB
waste
at
transfer
facilities
are
subject
to
the
storage
facility
standards
of
§
761.65,
but
such
storage
areas
are
exempt
from
the
approval
requirements
of
§
761.65(
d)
and
the
recordkeeping
requirements
of
§
761.180,
unless
the
same
PCB
waste
is
stored
there
for
a
period
of
more
than
10
consecutive
days
between
destinations.

Transporter
of
PCB
waste
means,
for
the
purposes
of
subpart
K
of
this
part,
any
person
engaged
in
the
transportation
of
regulated
PCB
waste
by
air,
rail,
highway,
or
water
for
purposes
other
than
consolidation
by
a
generator.

Transport
vehicle
means
a
motor
vehicle
or
rail
car
used
for
the
transportation
of
cargo
by
any
mode.
Each
cargo­
carrying
body
(
e.
g.,
trailer,
railroad
freight
car)
is
a
separate
transport
vehicle.

Treatability
Study
means
a
study
in
which
PCB
waste
is
subjected
to
a
treatment
process
to
determine:

(
1)
Whether
the
waste
is
amenable
to
the
treatment
process;

(
2)
What
pretreatment
(
if
any)
is
required;

(
3)
The
optimal
process
conditions
needed
to
achieve
the
desired
treatment;

(
4)
The
efficiency
of
a
treatment
process
for
the
specific
type
of
waste
(
i.
e.,
soil,
sludge,
liquid,
etc.);
or,

(
5)
The
characteristics
and
volumes
of
residuals
from
a
particular
treatment
process.
A
"
treatability
study"
is
not
a
mechanism
to
commercially
treat
or
dispose
of
PCB
waste.
Treatment
is
a
form
of
disposal
under
this
part.

TSCA
means
the
Toxic
Substances
Control
Act
(
15
U.
S.
C.
2601
et
seq.).
TSCA
PCB
Coordinated
Approval
means
the
process
used
to
recognize
other
Federal
or
State
waste
management
documents
governing
the
storage,
cleanup,
treatment,
and
disposal
of
PCB
wastes.
It
is
the
mechanism
under
TSCA
for
accomplishing
review,
coordination,
and
approval
of
PCB
waste
management
activities
which
are
conducted
outside
of
the
TSCA
PCB
approval
process,
but
require
approval
under
the
TSCA
PCB
regulations
at
40
CFR
part
761.

Unit
means
a
particular
building,
structure,
or
cell
used
to
manage
PCB
waste
(
including,
but
not
limited
to,
a
building
used
for
PCB
waste
storage,
a
landfill,
an
industrial
boiler,
or
an
incinerator).

U.
S.
GPO
means
the
U.
S.
Government
Printing
Office,
710
North
Capitol
St.,
NW.,
Washington,
DC
20401.

Waste
Oil
means
used
products
primarily
derived
from
petroleum,
which
include,
but
are
not
limited
to,
fuel
oils,
motor
oils,
gear
oils,
cutting
oils,
transmission
fluids,
hydraulic
fluids,
and
dielectric
fluids.

Wet
weight
means
reporting
chemical
analysis
results
by
including
either
the
weight,
or
the
volume
and
density,
of
all
liquids.

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020
(
15
U.
S.
C.
2605)

[
49
FR
25239,
June
20,
1984,
as
amended
at
49
FR
28189,
July
10,
1984;
49
FR
29066,
July
18,
1984;
49
FR
44638,
Nov.
8,
1984;
50
FR
29199,
July
17,
1985;
50
FR
32176,
Aug.
9,
1985;
53
FR
24220,
June
27,
1988;
53
FR
27327,
July
19,
1988;
54
FR
52745,
Dec.
21,
1989;
55
FR
26205,
June
27,
1990;
58
FR
32061,
June
8,
1993;
61
FR
11106,
Mar.
18,
1996;
63
FR
35437,
June
29,
1998;
64
FR
33759,
June
24,
1999]
§
761.19
References.

(
a)
[
Reserved]

(
b)
Incorporation
by
reference.
The
following
material
is
incorporated
by
reference,
and
is
available
for
inspection
at
the
Office
of
the
Federal
Register,
800
North
Capitol
St.,
NW.,
Suite
700,
Washington,
DC.
These
incorporations
by
reference
were
approved
by
the
Director
of
the
Office
of
the
Federal
Register.
These
materials
are
incorporated
as
they
exist
on
the
date
of
approval
and
a
notice
of
any
change
in
these
materials
will
be
published
in
the
Federal
Register.
Copies
of
the
incorporated
material
are
available
for
inspection
at
the
TSCA
Nonconfidential
Information
Center
(
7407),
Rm.
B607,
Northeast
Mall,
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460.
Copies
of
the
incorporated
material
may
be
obtained
from
the
American
Society
for
Testing
and
Materials
(
ASTM),
100
Barr
Harbor
Drive,
West
Conshohocken,
PA
19428
 
2959.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
References
CFR
Citation
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
ASTM
D
93
­
90
Standard
Test
Methods
for
§
761.71(
b)(
2)(
vi);
Flash
Point
by
Pensky­
Martens
Closed
§
761.75(
b)(
8)(
iii)
Tester.
ASTM
D
129­
64
(
Reapproved
1978)
Standard
§
761.71(
b)(
2)(
vi)
Test
Method
for
Sulfur
in
Petroleum
Products
(
General
Bomb
Method).
ASTM
D
240­
87
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Heat
of
Combustion
of
Liquid
Hydrocarbon
Fuel
by
Bomb
Calorimeter.
ASTM
D
482­
87
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Ash
from
Petroleum
Products.
ASTM
D
524­
88
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Ramsbottom
Carbon
Residue
of
Petroleum
Products.
ASTM
D
808­
87
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Chlorine
in
New
and
Used
Petroleum
Products
(
Bomb
Method).
ASTM
D
923­
86
Standard
Test
Method
for
§
761.60(
g)(
1)(
ii);
Sampling
Electrical
Insulating
Liquids.
(
g)(
2)(
ii)
ASTM
D
923­
89
Standard
Methods
of
§
761.60(
g)(
1)(
ii);
Sampling
Electrical
Insulating
Liquids.
(
g)(
2)(
ii)
ASTM
D
1266­
87
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Sulfur
in
Petroleum
Products
(
Lamp
Method).
ASTM
D
1796­
83
(
Reapproved
1990)
§
761.71(
b)(
2)(
vi)
Standard
Test
Method
for
Water
and
Sediment
in
Fuel
Oils
by
the
Centrifuge
Method
(
Laboratory
Procedure).
ASTM
D
2158­
89
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Residues
in
Liquified
Petroleum
(
LP)
Gases.
ASTM
D
2709­
88
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Water
and
Sediment
in
Distillate
Fuels
by
Centrifuge.
ASTM
D
2784­
89
Standard
Test
Method
for
§
761.71(
b)(
2)(
vi)
Sulfur
in
Liquified
Petroleum
Gases
(
Oxy­
hydrogen
Burner
or
Lamp).
ASTM
D
3178­
84
Standard
Test
Methods
for
§
761.71(
b)(
2)(
vi)
Carbon
and
Hydrogen
in
the
Analysis
Sample
of
Coke
and
Coal.
ASTM
D
3278­
89
Standard
Test
Methods
for
§
761.75(
b)(
8)(
iii)
Flash
Point
of
Liquids
by
Setaflash
Closed­
Cup
Apparatus.
ASTM
E
258­
67
(
Reapproved
1987)
Standard
§
761.71(
b)(
2)(
vi)
Test
Method
for
Total
Nitrogen
Inorganic
Material
by
Modified
KJELDAHL
Method.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

[
47
FR
22098,
May
21,
1982,
as
amended
at
49
FR
29067,
July
18,
1984;
49
FR
36648,
Sept.
19,
1984;
53
FR
10391,
Mar.
31,
1988;
53
FR
12524,
Apr.
15,
1988;
53
FR
21641,
June
9,
1988;
57
FR
13323,
Apr.
16,
1992;
59
FR
33697,
June
30,
1994;
60
FR
34465,
July
3,
1995;
63
FR
35439,
June
29,
1998;
64
FR
33759,
June
24,
1999]

Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
§
761.20
Prohibitions
and
exceptions.

Except
as
authorized
in
§
761.30,
the
activities
listed
in
paragraphs
(
a)
and
(
d)
of
this
section
are
prohibited
pursuant
to
section
6(
e)(
2)
of
TSCA.
The
requirements
set
forth
in
paragraph
(
c)
of
this
section
and
subpart
F
of
this
part
concerning
export
and
import
of
PCBs
and
PCB
Items
for
disposal
are
established
pursuant
to
section
6(
e)(
1)
of
TSCA.
Subject
to
any
exemptions
granted
pursuant
to
section
6(
e)(
3)(
B)
of
TSCA,
the
activities
listed
in
paragraphs
(
b)
and
(
c)
of
this
section
are
prohibited
pursuant
to
section
(
6)(
e)(
3)(
A)
of
TSCA.
In
addition,
the
Administrator
hereby
finds,
under
the
authority
of
section
12(
a)(
2)
of
TSCA,
that
the
manufacture,
processing,
and
distribution
in
commerce
of
PCBs
at
concentrations
of
50
ppm
or
greater
and
PCB
Items
with
PCB
concentrations
of
50
ppm
or
greater
present
an
unreasonable
risk
of
injury
to
health
within
the
United
States.
This
finding
is
based
upon
the
well­
documented
human
health
and
environmental
hazard
of
PCB
exposure,
the
high
probability
of
human
and
environmental
exposure
to
PCBs
and
PCB
Items
from
manufacturing,
processing,
or
distribution
activities;
the
potential
hazard
of
PCB
exposure
posed
by
the
transportation
of
PCBs
or
PCB
Items
within
the
United
States;
and
the
evidence
that
contamination
of
the
environment
by
PCBs
is
spread
far
beyond
the
areas
where
they
are
used.
In
addition,
the
Administrator
hereby
finds,
for
purposes
of
section
6(
e)(
2)(
C)
of
TSCA,
that
any
exposure
of
human
beings
or
the
environment
to
PCBs,
as
measured
or
detected
by
any
scientifically
acceptable
analytical
method,
may
be
significant,
depending
on
such
factors
as
the
quantity
of
PCBs
involved
in
the
exposure,
the
likelihood
of
exposure
to
humans
and
the
environment,
and
the
effect
of
exposure.
For
purposes
of
determining
which
PCB
Items
are
totally
enclosed,
pursuant
to
section
6(
e)(
2)(
C)
of
TSCA,
since
exposure
to
such
Items
may
be
significant,
the
Administrator
further
finds
that
a
totally
enclosed
manner
is
a
manner
which
results
in
no
exposure
to
humans
or
the
environment
to
PCBs.
The
following
activities
are
considered
totally
enclosed:
distribution
in
commerce
of
intact,
nonleaking
electrical
equipment
such
as
transformers
(
including
transformers
used
in
railway
locomotives
and
self­
propelled
cars),
capacitors,
electromagnets,
voltage
regulators,
switches
(
including
sectionalizers
and
motor
starters),
circuit
breakers,
reclosers,
and
cable
that
contain
PCBs
at
any
concentration
and
processing
and
distribution
in
commerce
of
PCB
Equipment
containing
an
intact,
nonleaking
PCB
Capacitor.
See
paragraph
(
c)(
1)
of
this
section
for
provisions
allowing
the
distribution
in
commerce
of
PCBs
and
PCB
Items.

(
a)
No
persons
may
use
any
PCB,
or
any
PCB
Item
regardless
of
concentration,
in
any
manner
other
than
in
a
totally
enclosed
manner
within
the
United
States
unless
authorized
under
§
761.30,
except
that:

(
1)
An
authorization
is
not
required
to
use
those
PCBs
or
PCB
Items
which
consist
of
excluded
PCB
products
as
defined
in
§
761.3.

(
2)
An
authorization
is
not
required
to
use
those
PCBs
or
PCB
Items
resulting
from
an
excluded
manufacturing
process
or
recycled
PCBs
as
defined
in
§
761.3,
provided
all
applicable
conditions
of
§
761.1(
f)
are
met.

(
3)
An
authorization
is
not
required
to
use
those
PCB
Items
which
contain
or
whose
surfaces
have
been
in
contact
with
excluded
PCB
products
as
defined
in
§
761.3.

(
4)
An
authorization
is
not
required
to
use
sewage
sludge
where
the
uses
are
regulated
at
parts
257,
258,
and
503
of
this
chapter.
No
person
may
blend
or
otherwise
dilute
PCBs
regulated
for
disposal,
including
PCB
sewage
sludge
and
sewage
sludge
not
used
pursuant
to
parts
257,
258,
and
503
of
this
chapter,
for
purposes
of
use
or
to
avoid
disposal
requirements
under
this
part.
Except
as
explicitly
provided
in
subpart
D
of
this
part,
no
person
may
dispose
of
regulated
PCB
wastes
including,
but
not
limited
to,
PCB
remediation
waste,
PCB
bulk
product
waste,
PCBs,
and
PCB
industrial
sludges,
into
treatment
works,
as
defined
in
§
503.9(
aa)
of
this
chapter.

(
b)
No
person
may
manufacture
PCBs
for
use
within
the
United
States
or
manufacture
PCBs
for
export
from
the
United
States
without
an
exemption,
except
that:
an
exemption
is
not
required
for
PCBs
manufactured
in
an
excluded
manufacturing
process
as
defined
in
§
761.3,
provided
all
applicable
conditions
of
§
761.1(
f)
are
met.
(
c)
No
persons
may
process
or
distribute
in
commerce
any
PCB,
or
any
PCB
Item
regardless
of
concentration,
for
use
within
the
United
States
or
for
export
from
the
United
States
without
an
exemption,
except
that
an
exemption
is
not
required
to
process
or
distribute
in
commerce
PCBs
or
PCB
Items
resulting
from
an
excluded
manufacturing
process
as
defined
in
§
761.3,
or
to
process
or
distribute
in
commerce
recycled
PCBs
as
defined
in
§
761.3,
or
to
process
or
distribute
in
commerce
excluded
PCB
products
as
defined
in
§
761.3,
provided
that
all
applicable
conditions
of
§
761.1(
f)
are
met.
In
addition,
the
activities
described
in
paragraphs
(
c)
(
1)
through
(
5)
of
this
section
may
also
be
conducted
without
an
exemption,
under
the
conditions
specified
therein.

(
1)
PCBs
at
concentrations
of
50
ppm
or
greater,
or
PCB
Items
with
PCB
concentrations
of
50
ppm
or
greater,
sold
before
July
1,
1979
for
purposes
other
than
resale
may
be
distributed
in
commerce
only
in
a
totally
enclosed
manner
after
that
date.

(
2)
Any
person
may
process
and
distribute
in
commerce
for
disposal
PCBs
at
concentrations
of

50
ppm,
or
PCB
Items
with
PCB
concentrations
of

50
ppm,
if
they
comply
with
the
applicable
provisions
of
this
part.

(
i)
Processing
activities
which
are
primarily
associated
with
and
facilitate
storage
or
transportation
for
disposal
do
not
require
a
TSCA
PCB
storage
or
disposal
approval.

(
ii)
Processing
activities
which
are
primarily
associated
with
and
facilitate
treatment,
as
defined
in
§
260.10
of
this
chapter,
or
disposal
require
a
TSCA
PCB
disposal
approval
unless
they
are
part
of
an
existing
approval,
are
part
of
a
self­
implementing
activity
under
§
761.61(
a)
or
§
761.79
(
b)
or
(
c),
or
are
otherwise
specifically
allowed
under
subpart
D
of
this
part.

(
iii)
With
the
exception
of
provisions
in
§
761.60
(
a)(
2)
and
(
a)(
3),
in
order
to
meet
the
intent
of
§
761.1(
b),
processing,
diluting,
or
otherwise
blending
of
waste
prior
to
being
introduced
into
a
disposal
unit
for
purposes
of
meeting
a
PCB
concentration
limit
shall
be
done
in
accordance
with
a
TSCA
PCB
disposal
approval
or
comply
with
the
requirements
of
§
761.79.

(
iv)
Where
the
rate
of
delivering
liquids
or
non­
liquids
into
a
PCB
disposal
unit
is
an
operating
parameter,
this
rate
shall
be
a
condition
of
the
TSCA
PCB
disposal
approval
for
the
unit
when
an
approval
is
required.

(
3)
PCBs
and
PCB
Items
may
be
exported
for
disposal
in
accordance
with
the
requirements
of
subpart
F
of
this
part.

(
4)
PCBs,
at
concentrations
of
less
than
50
ppm,
or
PCB
Items,
with
concentrations
of
less
than
50
ppm,
may
be
processed
and
distributed
in
commerce
for
purposes
of
disposal.

(
5)
Decontaminated
materials.
Any
person
may
distribute
in
commerce
equipment,
structures,
or
other
liquid
or
non­
liquid
materials
that
were
contaminated
with
PCBs

50
ppm,
including
those
not
otherwise
authorized
for
distribution
in
commerce
under
this
part,
provided
that
one
of
the
following
applies:
(
i)
The
materials
were
decontaminated
in
accordance
with
a
TSCA
PCB
disposal
approval
issued
under
subpart
D
of
this
part,
with
§
761.79,
or
with
applicable
EPA
PCB
spill
cleanup
policies
in
effect
at
the
time
of
the
decontamination.

(
ii)
If
not
previously
decontaminated,
the
materials
now
meet
an
applicable
decontamination
standard
in
§
761.79(
b).

(
d)
The
use
of
waste
oil
that
contains
any
detectable
concentration
of
PCB
as
a
sealant,
coating,
or
dust
control
agent
is
prohibited.
Prohibited
uses
include,
but
are
not
limited
to,
road
oiling,
general
dust
control,
use
as
a
pesticide
or
herbicide
carrier,
and
use
as
a
rust
preventative
on
pipes.

(
e)
In
addition
to
any
applicable
requirements
under
40
CFR
part
279,
subparts
G
and
H,
marketers
and
burners
of
used
oil
who
market
(
process
or
distribute
in
commerce)
for
energy
recovery,
used
oil
containing
any
quantifiable
level
of
PCBs
are
subject
to
the
following
requirements:

(
1)
Restrictions
on
marketing.
Used
oil
containing
any
quantifiable
level
of
PCBs
(
2
ppm)
may
be
marketed
only
to:

(
i)
Qualified
incinerators
as
defined
in
40
CFR
761.3.

(
ii)
Marketers
who
market
off­
specification
used
oil
for
energy
recovery
only
to
other
marketers
who
have
notified
EPA
of
their
used
oil
management
activities,
and
who
have
an
EPA
identification
number
where
an
identification
number
is
required
by
40
CFR
279.73.
This
would
include
persons
who
market
off­
specification
used
oil
who
are
subject
to
the
requirements
at
40
CFR
part
279
and
the
notification
requirements
of
40
CFR
279.73.

(
iii)
Burners
identified
in
40
CFR
279.61(
a)(
1)
and
(
2).
Only
burners
in
the
automotive
industry
may
burn
used
oil
generated
from
automotive
sources
in
used
oil­
fired
space
heaters
provided
the
provisions
of
40
CFR
279.23
are
met.
The
Regional
Administrator
may
grant
a
variance
for
a
boiler
that
does
not
meet
the
40
CFR
279.61(
a)(
1)
and
(
2)
criteria
after
considering
the
criteria
listed
in
40
CFR
260.32
(
a)
through
(
f).
The
applicant
must
address
the
relevant
criteria
contained
in
40
CFR
260.32
(
a)
through
(
f)
in
an
application
to
the
Regional
Administrator.

(
2)
Testing
of
used
oil
fuel.
Used
oil
to
be
burned
for
energy
recovery
is
presumed
to
contain
quantifiable
levels
(
2
ppm)
of
PCB
unless
the
marketer
obtains
analyses
(
testing)
or
other
information
that
the
used
oil
fuel
does
not
contain
quantifiable
levels
of
PCBs.

(
i)
The
person
who
first
claims
that
a
used
oil
fuel
does
not
contain
quantifiable
level
(
2
ppm)
PCB
must
obtain
analyses
or
other
information
to
support
that
claim.

(
ii)
Testing
to
determine
the
PCB
concentration
in
used
oil
may
be
conducted
on
individual
samples,
or
in
accordance
with
the
testing
procedures
described
in
§
761.60(
g)(
2).
However,
for
purposes
of
this
part,
if
any
PCBs
at
a
concentration
of
50
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
50
ppm
or
greater
for
purposes
of
complying
with
the
disposal
requirements
of
this
part.

(
iii)
Other
information
documenting
that
the
used
oil
fuel
does
not
contain
quantifiable
levels
(
2
ppm)
of
PCBs
may
consist
of
either
personal,
special
knowledge
of
the
source
and
composition
of
the
used
oil,
or
a
certification
from
the
person
generating
the
used
oil
claiming
that
the
oil
contains
no
detectable
PCBs.

(
3)
Restrictions
on
burning.
(
i)
Used
oil
containing
any
quantifiable
levels
of
PCB
may
be
burned
for
energy
recovery
only
in
the
combustion
facilities
identified
in
paragraph
(
e)(
1)
of
this
section
when
such
facilities
are
operating
at
normal
operating
temperatures
(
this
prohibits
feeding
these
fuels
during
either
startup
or
shutdown
operations).
Owners
and
operators
of
such
facilities
are
"
burners"
of
used
oil
fuels.

(
ii)
Before
a
burner
accepts
from
a
marketer
the
first
shipment
of
used
oil
fuel
containing
detectable
PCBs
(
2
ppm),
the
burner
must
provide
the
marketer
a
one­
time
written
and
signed
notice
certifying
that:

(
A)
The
burner
has
complied
with
any
notification
requirements
applicable
to
"
qualified
incinerators"
(
§
761.3)
or
to
"
burners"
regulated
under
40
CFR
part
279,
subpart
G.

(
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
he
qualifies.

(
4)
Recordkeeping
requirements.
The
following
recordkeeping
requirements
are
in
addition
to
the
recordkeeping
requirements
for
marketers
found
in
40
CFR
279.72(
b),
279.74(
a),
(
b)
and
(
c),
and
279.75,
and
for
burners
found
in
40
CFR
279.65
and
279.66.

(
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
his
claim,
and
he
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
he
sends
to
a
marketer.

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020,
(
15
U.
S.
C.
2605)

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982,
and
amended
at
49
FR
25241,
June
20,
1984;
49
FR
28190,
July
10,
1984;
49
FR
44638,
Nov.
8,
1984;
53
FR
12524,
Apr.
15,
1988;
53
FR
24220,
June
27,
1988;
58
FR
15435,
Mar.
23,
1993;
58
FR
34205,
June
23,
1993;
60
FR
34465,
July
3,
1995;
61
FR
11106,
Mar.
18,
1996;
63
FR
35439,
June
29,
1998;
64
FR
33760,
June
24,
1999]

§
761.30
Authorizations.

The
following
non­
totally
enclosed
PCB
activities
are
authorized
pursuant
to
section
6(
e)(
2)(
B)
of
TSCA:

(
a)
Use
in
and
servicing
of
transformers
(
other
than
railroad
transformers).
PCBs
at
any
concentration
may
be
used
in
transformers
(
other
than
in
railroad
locomotives
and
self­
propelled
railroad
cars)
and
may
be
used
for
purposes
of
servicing
including
rebuilding
these
transformers
for
the
remainder
of
their
useful
lives,
subject
to
the
following
conditions:

(
1)
Use
conditions.
(
i)
As
of
October
1,
1985,
the
use
and
storage
for
reuse
of
PCB
Transformers
that
pose
an
exposure
risk
to
food
or
feed
is
prohibited.

(
ii)
As
of
October
1,
1990,
the
use
of
network
PCB
Transformers
with
higher
secondary
voltages
(
secondary
voltages
equal
to
or
greater
than
480
volts,
including
480/
277
volt
systems)
in
or
near
commercial
buildings
is
prohibited.
Network
PCB
Transformers
with
higher
secondary
voltages
which
are
removed
from
service
in
accordance
with
this
requirement
must
either
be
reclassified
to
PCB
Contaminated
or
non
PCB
status,
placed
into
storage
for
disposal,
or
disposed.

(
iii)
Except
as
otherwise
provided,
as
of
October
1,
1985,
the
installation
of
PCB
Transformers,
which
have
been
placed
into
storage
for
reuse
or
which
have
been
removed
from
another
location,
in
or
near
commercial
buildings
is
prohibited.

(
A)
Retrofilled
mineral
oil
PCB
Transformers
may
be
installed
for
reclassification
purposes
indefinitely
after
October
1,
1990.

(
B)
Once
a
retrofilled
transformer
has
been
installed
for
reclassification
purposes,
it
must
be
tested
3
months
after
installation
to
ascertain
the
concentration
of
PCBs.
If
the
PCB
concentration
is
below
50
ppm,
the
transformer
can
be
reclassified
as
a
non­
PCB
Transformer.
If
the
PCB
concentration
is
between
50
and
500
ppm,
the
transformer
can
be
reclassified
as
a
PCB­
Contaminated
transformer.
If
the
PCB
concentration
remains
at
500
ppm
or
greater,
the
entire
process
must
either
be
repeated
until
the
transformer
has
been
reclassified
to
a
non­
PCB
or
PCB­
Contaminated
transformer
in
accordance
with
paragraph
(
a)(
2)(
v)
of
this
section
or
the
transformer
must
be
removed
from
service.

(
iv)
As
of
October
1,
1990,
all
higher
secondary
voltage
radial
PCB
Transformers,
in
use
in
or
near
commercial
buildings,
and
lower
secondary
voltage
network
PCB
Transformers
not
located
in
sidewalk
vaults
in
or
near
commercial
buildings
(
network
transformers
with
secondary
voltages
below
480
volts)
that
have
not
been
removed
from
service
as
provided
in
paragraph
(
a)(
1)(
iv)(
B)
of
this
section,
must
be
equipped
with
electrical
protection
to
avoid
transformer
ruptures
caused
by
high
current
faults.
As
of
February
25,
1991,
all
lower
secondary
voltage
radial
PCB
Transformers,
in
use
in
or
near
commercial
buildings,
must
be
equipped
with
electrical
protection
to
avoid
transformer
ruptures
caused
by
high
current
faults.
(
A)
Current­
limiting
fuses
or
other
equivalent
technology
must
be
used
to
detect
sustained
high
current
faults
and
provide
for
the
complete
deenergization
of
the
transformer
(
within
several
hundredths
of
a
second
in
the
case
of
higher
secondary
voltage
radial
PCB
Transformers
and
within
tenths
of
a
second
in
the
case
of
lower
secondary
voltage
network
PCB
Transformers),
before
transformer
rupture
occurs.
Lower
secondary
voltage
radial
PCB
Transformers
must
be
equipped
with
electrical
protection
as
provided
in
paragraph
(
a)(
1)(
iv)(
E)
of
this
section.
The
installation,
setting,
and
maintenance
of
current­
limiting
fuses
or
other
equivalent
technology
to
avoid
PCB
Transformer
ruptures
from
sustained
high
current
faults
must
be
completed
in
accordance
with
good
engineering
practices.

(
B)
All
lower
secondary
voltage
network
PCB
Transformers
not
located
in
sidewalk
vaults
(
network
transformers
with
secondary
voltages
below
480
volts),
in
use
in
or
near
commercial
buildings,
which
have
not
been
protected
as
specified
in
paragraph
(
a)(
1)(
iv)(
A)
of
this
section
by
October
1,
1990,
must
be
removed
from
service
by
October
1,
1993.

(
C)
As
of
October
1,
1990,
owners
of
lower
secondary
voltage
network
PCB
Transformers,
in
use
in
or
near
commercial
buildings
which
have
not
been
protected
as
specified
in
paragraph
(
a)(
1)(
iv)(
A)
of
this
section
and
which
are
not
located
in
sidewalk
vaults,
must
register
in
writing
those
transformers
with
the
EPA
Regional
Administrator
in
the
appropriate
region.
The
information
required
to
be
provided
in
writing
to
the
Regional
Administrator
includes:

(
1)
The
specific
location
of
the
PCB
Transformer(
s).

(
2)
The
address(
es)
of
the
building(
s)
and
the
physical
location
of
the
PCB
Transformer(
s)
on
the
building
site(
s).

(
3)
The
identification
number(
s)
of
the
PCB
Transformer(
s).

(
D)
As
of
October
1,
1993,
all
lower
secondary
voltage
network
PCB
Transformers
located
in
sidewalk
vaults
(
network
transformers
with
secondary
voltages
below
480
volts)
in
use
near
commercial
buildings
must
be
removed
from
service.

(
E)
As
of
February
25,
1991,
all
lower
secondary
voltage
radial
PCB
Transformers
must
be
equipped
with
electrical
protection,
such
as
current­
limiting
fuses
or
other
equivalent
technology,
to
detect
sustained
high
current
faults
and
provide
for
the
complete
deenergization
of
the
transformer
or
complete
deenergization
of
the
faulted
phase
of
the
transformer
within
several
hundredths
of
a
second.
The
installation,
setting,
and
maintenance
of
current­
limiting
fuses
or
other
equivalent
technology
to
avoid
PCB
Transformer
ruptures
from
sustained
high
current
faults
must
be
completed
in
accordance
with
good
engineering
practices.

(
v)
As
of
October
1,
1990,
all
radial
PCB
Transformers
with
higher
secondary
voltages
(
480
volts
and
above,
including
480/
277
volt
systems)
in
use
in
or
near
commercial
buildings
must,
in
addition
to
the
requirements
of
paragraph
(
a)(
1)(
iv)(
A)
of
this
section,
be
equipped
with
protection
to
avoid
transformer
ruptures
caused
by
sustained
low
current
faults.
(
A)
Pressure
and
temperature
sensors
(
or
other
equivalent
technology
which
has
been
demonstrated
to
be
effective
in
early
detection
of
sustained
low
current
faults)
must
be
used
in
these
transformers
to
detect
sustained
low
current
faults.

(
B)
Disconnect
equipment
must
be
provided
to
insure
complete
deenergization
of
the
transformer
in
the
event
of
a
sensed
abnormal
condition
(
e.
g.,
an
overpressure
or
overtemperature
condition
in
the
transformer),
caused
by
a
sustained
low
current
fault.
The
disconnect
equipment
must
be
configured
to
operate
automatically
within
30
seconds
to
1
minute
of
the
receipt
of
a
signal
indicating
an
abnormal
condition
from
a
sustained
low
current
fault,
or
can
be
configured
to
allow
for
manual
deenergization
from
a
manned
on­
site
control
center
upon
the
receipt
of
an
audio
or
visual
signal
indicating
an
abnormal
condition
caused
by
a
sustained
low
current
fault.
Manual
deenergization
from
a
manned
on­
site
control
center
must
occur
within
1
minute
of
the
receipt
of
the
audio
or
visual
signal
indicating
an
abnormal
condition
caused
by
a
sustained
low
current
fault.
If
automatic
operation
is
selected
and
a
circuit
breaker
is
utilized
for
disconnection,
it
must
also
have
the
capability
to
be
manually
opened
if
necessary.

(
C)
The
enhanced
electrical
protective
system
required
for
the
detection
of
sustained
low
current
faults
and
the
complete
and
rapid
deenergization
of
transformers
must
be
properly
installed,
maintained,
and
set
sensitive
enough
(
in
accordance
with
good
engineering
practices)
to
detect
sustained
low
current
faults
and
allow
for
rapid
and
total
deenergization
prior
to
PCB
Transformer
rupture
(
either
violent
or
non
violent
rupture)
and
release
of
PCBs.

(
vi)(
A)
No
later
than
December
28,
1998
all
owners
of
PCB
Transformers,
including
those
in
storage
for
reuse,
must
register
their
transformers
with
the
Environmental
Protection
Agency,
National
Program
Chemicals
Division,
Office
of
Pollution
Prevention
and
Toxics
(
7404),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
This
registration
requirement
is
subject
to
the
limitations
in
paragraph
(
a)(
1)
of
this
section.

(
1)
A
transformer
owner
who
assumes
a
transformer
is
a
PCB­
Contaminated
transformer,
and
discovers
after
December
28,
1998
that
it
is
a
PCB­
Transformer,
must
register
the
newly­
identified
PCB
Transformer,
in
writing,
with
the
Environmental
Protection
Agency
no
later
than
30
days
after
it
is
identified
as
such.
This
requirement
does
not
apply
to
transformer
owners
who
have
previously
registered
with
the
EPA
PCB
Transformers
located
at
the
same
address
as
the
transformer
that
they
assumed
to
be
PCB­
Contaminated
and
later
determined
to
be
a
PCB
Transformer.

(
2)
A
person
who
takes
possession
of
a
PCB
Transformer
after
December
28,
1998
is
not
required
to
register
or
re­
register
the
transformer
with
the
EPA.

(
B)
Any
person
submitting
a
registration
under
this
section
must
include:

(
1)
Company
name
and
address.

(
2)
Contact
name
and
telephone
number.
(
3)
Address
where
these
transformers
are
located.
For
mobile
sources
such
as
ships,
provide
the
name
of
the
ship.

(
4)
Number
of
PCB
Transformers
and
the
total
weight
in
kilograms
of
PCBs
contained
in
the
transformers.

(
5)
Whether
any
transformers
at
this
location
contain
flammable
dielectric
fluid
(
optional).

(
6)
Signature
of
the
owner,
operator,
or
other
authorized
representative
certifying
the
accuracy
of
the
information
submitted.

(
C)
A
transformer
owner
must
retain
a
record
of
each
PCB
Transformer's
registration
(
e.
g.,
a
copy
of
the
registration
and
the
return
receipt
signed
by
EPA)
with
the
inspection
and
maintenance
records
required
for
each
PCB
Transformer
under
paragraph
(
a)(
1)(
xii)(
I)
of
this
section.

(
D)
A
transformer
owner
must
comply
with
all
requirements
of
paragraph
(
a)(
1)(
vi)(
A)
of
this
section
to
continue
the
PCB­
Transformer's
authorization
for
use,
or
storage
for
reuse,
pursuant
to
this
section
and
TSCA
section
6(
e)(
2)(
B).

(
vii)
As
of
December
1,
1985,
PCB
Transformers
in
use
in
or
near
commercial
buildings
must
be
registered
with
building
owners.
For
PCB
Transformers
located
in
commercial
buildings,
PCB
Transformer
owners
must
register
the
transformers
with
the
building
owner
of
record.
For
PCB
Transformers
located
near
commercial
buildings,
PCB
Transformer
owners
must
register
the
transformers
with
all
owners
of
buildings
located
within
30
meters
of
the
PCB
Transformer(
s).
Information
required
to
be
provided
to
building
owners
by
PCB
Transformer
owners
includes
but
is
not
limited
to:

(
A)
The
specific
location
of
the
PCB
Transformer(
s).

(
B)
The
principal
constituent
of
the
dielectric
fluid
in
the
transformer(
s)
(
e.
g.,
PCBs,
mineral
oil,
or
silicone
oil).

(
C)
The
type
of
transformer
installation
(
e.
g.,
208/
120
volt
network,
208/
120
volt
radial,
208
volt
radial,
480
volt
network,
480/
277
volt
network,
480
volt
radial,
480/
277
volt
radial).

(
viii)
As
of
December
1,
1985,
combustible
materials,
including,
but
not
limited
to
paints,
solvents,
plastics,
paper,
and
sawn
wood
must
not
be
stored
within
a
PCB
Transformer
enclosure
(
i.
e.,
in
a
transformer
vault
or
in
a
partitioned
area
housing
a
transformer);
within
5
meters
of
a
transformer
enclosure,
or,
if
unenclosed
(
unpartitioned),
within
5
meters
of
a
PCB
Transformer.

(
ix)
A
visual
inspection
of
each
PCB
Transformer
(
as
defined
in
the
definition
of
"
PCB
Transformer"
under
§
761.3)
in
use
or
stored
for
reuse
shall
be
performed
at
least
once
every
3
months.
These
inspections
may
take
place
any
time
during
the
3­
month
periods:
January­
March,
April­
June,
July­
September,
and
October­
December
as
long
as
there
is
a
minimum
of
30
days
between
inspections.
The
visual
inspection
must
include
investigation
for
any
leak
of
dielectric
fluid
on
or
around
the
transformer.
The
extent
of
the
visual
inspections
will
depend
on
the
physical
constraints
of
each
transformer
installation
and
should
not
require
an
electrical
shutdown
of
the
transformer
being
inspected.

(
x)
If
a
PCB
Transformer
is
found
to
have
a
leak
which
results
in
any
quantity
of
PCBs
running
off
or
about
to
run
off
the
external
surface
of
the
transformer,
then
the
transformer
must
be
repaired
or
replaced
to
eliminate
the
source
of
the
leak.
In
all
cases
any
leaking
material
must
be
cleaned
up
and
properly
disposed
of
according
to
disposal
requirements
of
subpart
D
of
this
part.
Cleanup
of
the
released
PCBs
must
be
initiated
as
soon
as
possible,
but
in
no
case
later
than
48
hours
of
its
discovery.
Until
appropriate
action
is
completed,
any
active
leak
of
PCBs
must
be
contained
to
prevent
exposure
of
humans
or
the
environment
and
inspected
daily
to
verify
containment
of
the
leak.
Trenches,
dikes,
buckets,
and
pans
are
examples
of
proper
containment
measures.

(
xi)
If
a
PCB
Transformer
is
involved
in
a
fire­
related
incident,
the
owner
of
the
transformer
must
immediately
report
the
incident
to
the
National
Response
Center
(
toll­
free
1
 
800
 
424
 
8802;
in
Washington,
DC
202
 
426
 
2675).
A
fire­
related
incident
is
defined
as
any
incident
involving
a
PCB
Transformer
which
involves
the
generation
of
sufficient
heat
and/
or
pressure
(
by
any
source)
to
result
in
the
violent
or
non­
violent
rupture
of
a
PCB
Transformer
and
the
release
of
PCBs.
Information
must
be
provided
regarding
the
type
of
PCB
Transformer
installation
involved
in
the
fire­
related
incident
(
e.
g.,
high
or
low
secondary
voltage
network
transformer,
high
or
low
secondary
voltage
simple
radial
system,
expanded
radial
system,
primary
selective
system,
primary
loop
system,
or
secondary
selective
system
or
other
systems)
and
the
readily
ascertainable
cause
of
the
fire­
related
incident
(
e.
g.,
high
current
fault
in
the
primary
or
secondary
or
low
current
fault
in
secondary).
The
owner
of
the
PCB
Transformer
must
also
take
measures
as
soon
as
practically
and
safely
possible
to
contain
and
control
any
potential
releases
of
PCBs
and
incomplete
combustion
products
into
water.
These
measures
include,
but
are
not
limited
to:

(
A)
The
blocking
of
all
floor
drains
in
the
vicinity
of
the
transformer.

(
B)
The
containment
of
water
runoff.

(
C)
The
control
and
treatment
(
prior
to
release)
of
any
water
used
in
subsequent
cleanup
operations.

(
xii)
Records
of
inspection
and
maintenance
history
shall
be
maintained
at
least
3
years
after
disposing
of
the
transformer
and
shall
be
made
available
for
inspection,
upon
request
by
EPA.
Such
records
shall
contain
the
following
information
for
each
PCB
Transformer:

(
A)
Its
location.

(
B)
The
date
of
each
visual
inspection
and
the
date
that
leak
was
discovered,
if
different
from
the
inspection
date.
(
C)
The
person
performing
the
inspection.

(
D)
The
location
of
any
leak(
s).

(
E)
An
estimate
of
the
amount
of
dielectric
fluid
released
from
any
leak.

(
F)
The
date
of
any
cleanup,
containment,
repair,
or
replacement.

(
G)
A
description
of
any
cleanup,
containment,
or
repair
performed.

(
H)
The
results
of
any
containment
and
daily
inspection
required
for
uncorrected
active
leaks.

(
I)
Record
of
the
registration
of
PCB
Transformer(
s).

(
J)
Records
of
transfer
of
ownership
in
compliance
with
§
761.180(
a)(
2)(
ix).

(
xiii)
A
reduced
visual
inspection
frequency
of
at
least
once
every
12
months
applies
to
PCB
Transformers
that
utilize
either
of
the
following
risk
reduction
measures.
These
inspections
may
take
place
any
time
during
the
calendar
year
as
long
as
there
is
a
minimum
of
180
days
between
inspections.

(
A)
A
PCB
Transformer
which
has
impervious,
undrained,
secondary
containment
capacity
of
at
least
100
percent
of
the
total
dielectric
fluid
volume
of
all
transformers
so
contained
or
(
B)
A
PCB
Transformer
which
has
been
tested
and
found
to
contain
less
than
60,000
ppm
PCBs
(
after
3
months
of
in
service
use
if
the
transformer
has
been
serviced
for
purposes
of
reducing
the
PCB
concentration).

(
xiv)
An
increased
visual
inspection
frequency
of
at
least
once
every
week
applies
to
any
PCB
Transformer
in
use
or
stored
for
reuse
which
poses
an
exposure
risk
to
food
or
feed.
The
user
of
a
PCB
Transformer
posing
an
exposure
risk
to
food
is
responsible
for
the
inspection,
recordkeeping,
and
maintenance
requirements
under
this
section
until
the
user
notifies
the
owner
that
the
transformer
may
pose
an
exposure
risk
to
food
or
feed.
Following
such
notification,
it
is
the
owner's
ultimate
responsibility
to
determine
whether
the
PCB
Transformer
poses
an
exposure
risk
to
food
or
feed.

(
xv)
In
the
event
a
mineral
oil
transformer,
assumed
to
contain
less
than
500
ppm
of
PCBs
as
provided
in
§
761.2,
is
tested
and
found
to
be
contaminated
at
500
ppm
or
greater
PCBs,
it
will
be
subject
to
all
the
requirements
of
this
Part
761.
In
addition,
efforts
must
be
initiated
immediately
to
bring
the
transformer
into
compliance
in
accordance
with
the
following
schedule:

(
A)
Report
fire­
related
incidents,
effective
immediately
after
discovery.

(
B)
Mark
the
PCB
transformer
within
7
days
after
discovery.
(
C)
Mark
the
vault
door,
machinery
room
door,
fence,
hallway
or
other
means
of
access
to
the
PCB
Transformer
within
7
days
after
discovery.

(
D)
Register
the
PCB
Transformer
in
writing
with
the
building
owner
within
30
days
of
discovery.

(
E)
Install
electrical
protective
equipment
on
a
radial
PCB
Transformer
and
a
non­
sidewalk
vault,
lower
secondary
voltage
network
PCB
Transformer
in
or
near
a
commercial
building
within
18
months
of
discovery
or
by
October
1,
1990,
whichever
is
later.

(
F)
Remove
a
non­
sidewalk
vault,
lower
secondary
voltage
network
PCB
Transformer
in
or
near
a
commercial
building,
if
electrical
protective
equipment
is
not
installed,
within
18
months
of
discovery
or
by
October
1,
1993,
whichever
is
later.

(
G)
Remove
a
lower
secondary
voltage
network
PCB
Transformer
located
in
a
sidewalk
vault
in
or
near
a
commercial
building,
within
18
months
of
discovery
or
by
October
1,
1993,
whichever
is
later.

(
H)
Retrofill
and
reclassify
a
radial
PCB
Transformer
or
a
lower
or
higher
secondary
voltage
network
PCB
Transformer,
located
in
other
than
a
sidewalk
vault
in
or
near
a
commercial
building,
within
18
months
or
by
October
1,
1990,
whichever
is
later.
This
is
an
option
in
lieu
of
installing
electrical
protective
equipment
on
a
radial
or
lower
secondary
voltage
network
PCB
Transformer
located
in
other
than
a
sidewalk
vault
or
of
removing
a
higher
secondary
voltage
network
PCB
Transformer
or
a
lower
secondary
voltage
network
PCB
Transformer,
located
in
a
sidewalk
vault,
from
service.

(
I)
Retrofill
and
reclassify
a
lower
secondary
voltage
network
PCB
Transformer,
located
in
a
sidewalk
vault,
in
or
near
a
commercial
building
within
18
months
or
by
October
1,
1993,
whichever
is
later.
This
is
an
option
in
lieu
of
installing
electrical
protective
equipment
or
removing
the
transformer
from
service.

(
J)
Retrofill
and
reclassify
a
higher
secondary
voltage
network
PCB
Transformer,
located
in
a
sidewalk
vault,
in
or
near
a
commercial
building
within
18
months
or
by
October
1,
1990,
whichever
is
later.
This
is
an
option
in
lieu
of
other
requirements.

(
2)
Servicing
conditions.
(
i)
Transformers
classified
as
PCB­
Contaminated
Electrical
Equipment
(
as
defined
in
the
definition
of
"
PCB­
Contaminated
Electrical
Equipment"
under
§
761.3)
may
be
serviced
(
including
rebuilding)
only
with
dielectric
fluid
containing
less
than
500
ppm
PCB.

(
ii)
Any
servicing
(
including
rebuilding)
of
PCB
Transformers
(
as
defined
in
the
definition
of
"
PCB
Transformer"
under
§
761.3)
that
requires
the
removal
of
the
transformer
coil
from
the
transformer
casing
is
prohibited.
PCB
Transformers
may
be
serviced
(
including
topping
off)
with
dielectric
fluid
at
any
PCB
concentration.

(
iii)
PCBs
removed
during
any
servicing
activity
must
be
captured
and
either
reused
as
dielectric
fluid
or
disposed
of
in
accordance
with
the
requirements
of
§
761.60.
PCBs
from
PCB
Transformers
must
not
be
mixed
with
or
added
to
dielectric
fluid
from
PCB­
Contaminated
Electrical
Equipment.

(
iv)
Regardless
of
its
PCB
concentration,
dielectric
fluids
containing
less
than
500
ppm
PCB
that
are
mixed
with
fluids
that
contain
500
ppm
or
greater
PCB
must
not
be
used
as
dielectric
fluid
in
any
electrical
equipment.
The
entire
mixture
of
dielectric
fluid
must
be
considered
to
be
greater
than
500
ppm
PCB
and
must
be
disposed
of
in
an
incinerator
that
meets
the
requirements
in
§
761.70.

(
v)
You
may
reclassify
a
PCB
Transformer
that
has
been
tested
and
determined
to
have
a
concentration
of

500
ppm
PCBs
to
a
PCB­
Contaminated
transformer
(

50
but
<
500
ppm)
or
to
a
non­
PCB
transformer
(<
50
ppm),
and
you
may
reclassify
a
PCB­
Contaminated
transformer
that
has
been
tested
and
determined
to
have
a
concentration
of

50
ppm
but
<
500
ppm
to
a
non­
PCB
transformer,
as
follows:

(
A)
Remove
the
free­
flowing
PCB
dielectric
fluid
from
the
transformer.
Flushing
is
not
required.
Either
test
the
fluid
or
assume
it
contains

1,000
ppm
PCBs.
Retrofill
the
transformer
with
fluid
containing
known
PCB
levels
according
to
the
following
table.
Determine
the
transformer's
reclassified
status
according
to
the
following
table
(
if
following
this
process
does
not
result
in
the
reclassified
status
you
desire,
you
may
repeat
the
process):

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
and
you
retrofill
and
test
results
If
test
results
show
the
PCB
the
transformer
show
the
PCB
then
the
concentration
(
ppm)
in
the
with
dielectric
and
you
.
.
.
concentration
transformer's
transformer
prior
to
retrofill
fluid
containing
.
(
ppm)
after
reclassified
is
.
.
.
.
.
retrofill
is
.
.
.
status
is.
.
.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
1,000
(
or
untested)
<
50
ppm
PCBs
operate
the
>=
50
but
<
500
PCB­
contaminated
transformer
electrically
under
loaded
conditions
for
at
least
90­
continuous
days
after
retrofill,
then
test
the
fluid
for
PCBs
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
50
ppm
PCBs
operate
the
<
50
non­
PCB
transformer
electrically
under
loaded
conditions
for
at
least
90­
continuous
days
after
retrofill,
then
test
the
fluid
for
PCBs
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
500
but
<
1,000
<
50
ppm
PCBs
test
the
fluid
for
>=
50
but
<
500
PCB­
contaminated
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
50
ppm
PCBs
test
the
fluid
for
<
50
non­
PCB
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
50
but
<
500
>=
2
but
<
50
ppm
test
the
fluid
for
<
50
non­
PCB
PCBs
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
2
ppm
PCBs
(
no
need
to
test)
(
not
applicable)
non­
PCB
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
B)
If
you
discover
that
the
PCB
concentration
of
the
fluid
in
a
reclassified
transformer
has
changed,
causing
the
reclassified
status
to
change,
the
transformer
is
regulated
based
on
the
actual
concentration
of
the
fluid.
For
example,
a
transformer
that
was
reclassified
to
non­
PCB
status
is
regulated
as
a
PCB­
Contaminated
transformer
if
you
discover
that
the
concentration
of
the
fluid
has
increased
to

50
but
<
500
ppm
PCBs.
If
you
discover
that
the
PCB
concentration
of
the
fluid
has
risen
to

500
ppm,
the
transformer
is
regulated
as
a
PCB
Transformer.
Follow
paragraphs
(
a)(
1)(
xv)(
A)
through
(
J)
of
this
section
to
come
into
compliance
with
the
regulations
applicable
to
PCB
Transformers.
You
also
have
the
option
of
repeating
the
reclassification
process.

(
C)
The
Director,
National
Program
Chemicals
Division,
may,
without
further
rulemaking,
grant
approval
on
a
case­
by­
case
basis
for
the
use
of
alternative
methods
to
reclassify
transformers.
You
may
request
an
approval
by
writing
to
the
Director,
National
Program
Chemicals
Division
(
7404),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Describe
the
equipment
you
plan
to
reclassify,
the
alternative
reclassification
method
you
plan
to
use,
and
test
data
or
other
evidence
on
the
effectiveness
of
the
method.

(
D)
You
must
keep
records
of
the
reclassification
required
by
§
761.180(
g).
(
vi)
Any
dielectric
fluid
containing
50
ppm
or
greater
PCB
used
for
servicing
transformers
must
be
stored
in
accordance
with
the
storage
for
disposal
requirements
of
§
761.65.

(
vii)
Processing
and
distribution
in
commerce
of
PCBs
for
purposes
of
servicing
transformers
is
permitted
only
for
persons
who
are
granted
an
exemption
under
TSCA
6(
e)(
3)(
B).

(
b)
Use
in
and
servicing
of
railroad
transformers.
PCBs
may
be
used
in
transformers
in
railroad
locomotives
or
railroad
self­
propelled
cars
("
railroad
transformers")
and
may
be
processed
and
distributed
in
commerce
for
purposes
of
servicing
these
transformers
in
a
manner
other
than
a
totally
enclosed
manner
subject
to
the
following
conditions:

(
1)
Use
restrictions.
After
July
1,
1986,
use
of
railroad
transformers
that
contain
dielectric
fluids
with
a
PCB
concentration
>
1,000
ppm
is
prohibited.

(
2)
Servicing
restrictions.
(
i)
If
the
coil
is
removed
from
the
casing
of
a
railroad
transformer
(
e.
g.,
the
transformer
is
rebuilt),
after
January
1,
1982,
the
railroad
transformer
may
not
be
refilled
with
dielectric
fluid
containing
a
PCB
concentration
greater
than
50
ppm;

(
ii)
After
January
1,
1984,
railroad
transformers
may
only
be
serviced
with
dielectric
fluid
containing
less
than
1000
ppm
PCB,
except
as
provided
in
paragraph
(
b)(
2)(
i)
of
this
section;

(
iii)
Dielectric
fluid
may
be
filtered
through
activated
carbon
or
otherwise
industrially
processed
for
the
purpose
of
reducing
the
PCB
concentration
in
the
fluid;

(
iv)
Any
PCB
dielectric
fluid
that
is
used
to
service
PCB
railroad
transformers
must
be
stored
in
accordance
with
the
storage
for
disposal
requirements
of
§
761.65;

(
v)
After
July
1,
1979,
processing
and
distribution
in
commerce
of
PCBs
for
purposes
of
servicing
railroad
transformers
is
permitted
only
for
persons
who
are
granted
an
exemption
under
TSCA
section
6(
e)(
3)(
B).

(
vi)
A
PCB
Transformer
may
be
converted
to
a
PCB­
Contaminated
Transformer
or
to
a
non­
PCB
Transformer
by
draining,
refilling,
and/
or
otherwise
servicing
the
railroad
transformer.
In
order
to
reclassify,
the
railroad
transformer's
dielectric
fluid
must
contain
less
than
500
ppm
(
for
conversion
to
PCB­
Contaminated
Transformer)
or
less
than
50
ppm
PCB
(
for
conversion
to
a
non­
PCB
Transformer)
after
a
minimum
of
three
months
of
inservice
use
subsequent
to
the
last
servicing
conducted
for
the
purpose
of
reducing
the
PCB
concentration
in
the
transformer.

(
c)
Use
in
mining
equipment.
After
January
1,
1982,
PCBs
may
be
used
in
mining
equipment
only
at
a
concentration
level
of
<
50
ppm.

(
d)
Use
in
heat
transfer
systems.
After
July
1,
1984,
PCBs
may
be
used
in
heat
transfer
systems
only
at
a
concentration
level
of
<
50
ppm.
Heat
transfer
systems
that
were
in
operation
after
July
1,
1984,
with
a
concentration
level
of
<
50
ppm
PCBs
may
be
serviced
to
maintain
a
concentration
level
of
<
50
ppm
PCBs.
Heat
transfer
systems
may
only
be
serviced
with
fluids
containing
<
50
ppm
PCBs.

(
e)
Use
in
hydraulic
systems.
After
July
1,
1984,
PCBs
may
be
used
in
hydraulic
systems
only
at
a
concentration
level
of
<
50
ppm.
Hydraulic
systems
that
were
in
operation
after
July
1,
1984,
with
a
concentration
level
of
<
50
ppm
PCBs
may
be
serviced
to
maintain
a
concentration
level
of
<
50
ppm
PCBs.
Hydraulic
systems
may
only
be
serviced
with
fluids
containing
<
50
ppm
PCBs.

(
f)
Use
in
carbonless
copy
paper.
Carbonless
copy
paper
containing
PCBs
may
be
used
in
a
manner
other
than
a
totally
enclosed
manner
indefinitely.

(
g)
[
Reserved]

(
h)
Use
in
and
servicing
of
electromagnets,
switches
and
voltage
regulators.
PCBs
at
any
concentration
may
be
used
in
electromagnets,
switches
(
including
sectionalizers
and
motor
starters),
and
voltage
regulators
and
may
be
used
for
purposes
of
servicing
this
equipment
(
including
rebuilding)
for
the
remainder
of
their
useful
lives,
subject
to
the
following
conditions:

(
1)
Use
conditions.
(
i)
After
October
1,
1985,
the
use
and
storage
for
reuse
of
any
electromagnet
which
poses
an
exposure
risk
to
food
or
feed
is
prohibited
if
the
electromagnet
contains
greater
than
500
ppm
PCBs.

(
ii)
Use
and
storage
for
reuse
of
voltage
regulators
which
contain
1.36
kilograms
(
3
lbs)
or
more
of
dielectric
fluid
with
a
PCB
concentration
of

500
ppm
are
subject
to
the
following
provisions:

(
A)
The
owner
of
the
voltage
regulator
must
mark
its
location
in
accordance
with
§
761.40.

(
B)
If
a
voltage
regulator
is
involved
in
a
fire­
related
incident,
the
owner
must
immediately
report
the
incident
to
the
National
Response
Center
(
Toll­
free:
1
 
800
 
424
 
8802;
in
Washington,
DC:
202
 
426
 
2675).
A
fire­
related
incident
is
defined
as
any
incident
that
involves
the
generation
of
sufficient
heat
and/
or
pressure,
by
any
source,
to
result
in
the
violent
or
non­
violent
rupture
of
the
voltage
regulator
and
the
release
of
PCBs.

(
C)
The
owner
of
the
voltage
regulator
must
inspect
it
in
accordance
with
the
requirements
of
paragraphs
(
a)(
1)(
ix),
(
a)(
1)(
xiii),
and
(
a)(
1)(
xiv)
of
this
section
that
apply
to
PCB
Transformers.

(
D)
The
owner
of
the
voltage
regulator
must
comply
with
the
recordkeeping
and
reporting
requirements
at
§
761.180.

(
iii)
The
owner
of
a
voltage
regulator
that
assumes
it
contains
<
500
ppm
PCBs
as
provided
in
§
761.2,
and
discovers
by
testing
that
it
is
contaminated
at

500
ppm
PCBs,
must
comply
with
paragraph
(
h)(
1)(
ii)(
A)
of
this
section
7
days
after
the
discovery,
and
paragraphs
(
h)(
1)(
ii)(
B),
(
h)(
1)(
ii)(
C),
and
(
h)(
1)(
ii)(
D)
of
this
section
immediately
upon
discovery.

(
2)
Servicing
conditions.
(
i)
Servicing
(
including
rebuilding)
any
electromagnet,
switch,
or
voltage
regulator
with
a
PCB
concentration
of
500
ppm
or
greater
which
requires
the
removal
and
rework
of
the
internal
components
is
prohibited.

(
ii)
Electromagnets,
switches,
and
voltage
regulators
classified
as
PCB­
Contaminated
Electrical
Equipment
(
as
defined
in
the
definition
of
"
PCB­
Contaminated
Electrical
Equipment"
under
§
761.3)
may
be
serviced
(
including
rebuilding)
only
with
dielectric
fluid
containing
less
than
500
ppm
PCB.

(
iii)
PCBs
removed
during
any
servicing
activity
must
be
captured
and
either
reused
as
dielectric
fluid
or
disposed
of
in
accordance
with
the
requirements
of
§
761.60.
PCBs
from
electromagnets
switches,
and
voltage
regulators
with
a
PCB
concentration
of
at
least
500
ppm
must
not
be
mixed
with
or
added
to
dielectric
fluid
from
PCB­
Contaminated
Electrical
Equipment.

(
iv)
Regardless
of
its
PCB
concentration,
dielectric
fluids
containing
less
than
500
ppm
PCB
that
are
mixed
with
fluids
that
contain
500
ppm
or
greater
PCB
must
not
be
used
as
dielectric
fluid
in
any
electrical
equipment.
The
entire
mixture
of
dielectric
fluid
must
be
considered
to
be
greater
than
500
ppm
PCB
and
must
be
disposed
of
in
an
incinerator
that
meets
the
requirements
of
§
761.70.

(
v)
You
may
reclassify
an
electromagnet,
switch,
or
voltage
regulator
that
has
been
tested
and
determined
to
have
a
concentration
of

500
ppm
PCBs
to
PCB­
Contaminated
status
(

50
but
<
500
ppm)
or
to
non­
PCB
status
(<
50
ppm),
and
you
may
reclassify
a
PCB­
Contaminated
electromagnet,
switch,
or
voltage
regulator
that
has
been
tested
and
determined
to
have
a
concentration
of

50
ppm
but
<
500
ppm
to
a
non­
PCB
status,
as
follows:

(
A)
Remove
the
free­
flowing
PCB
dielectric
fluid
from
the
electromagnet,
switch,
or
voltage
regulator.
Flushing
is
not
required.
Either
test
the
fluid
or
assume
it
contains

1,000
ppm
PCBs.
Retrofill
the
electromagnet,
switch,
or
voltage
regulator
with
fluid
containing
known
PCB
levels
according
to
the
following
table.
Determine
the
electromagnet,
switch,
or
voltage
regulator's
reclassified
status
according
to
the
following
table
(
if
following
this
process
does
not
result
in
the
reclassified
status
you
desire,
you
may
repeat
the
process):

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
then
the
If
test
results
show
the
PCB
and
you
retrofill
and
test
results
electromagnet,
concentration
(
ppm)
in
the
the
equipment
with
show
the
PCB
switch,
or
voltage
equipment
prior
to
retrofill
is
dielectric
fluid
and
you
.
.
.
concentration
regulator's
.
.
.
containing
.
.
.
(
ppm)
after
reclassified
retrofill
is
.
.
.
status
is
.
.
.
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
1,000
(
or
untested)
<
50
ppm
PCBs
operate
the
>=
50
but
<
500
PCB­
contaminated
equipment
electrically
under
loaded
conditions
for
at
least
90­
continuous
days
after
retrofill,
then
test
the
fluid
for
PCBs
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
50
ppm
PCBs
operate
the
<
50
non­
PCB
equipment
electrically
under
loaded
conditions
for
at
least
90­
continuous
days
after
retrofill,
then
test
the
fluid
for
PCBs
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
500
but
<
1,000
<
50
ppm
PCBs
test
the
fluid
for
>=
50
but
<
500
PCB­
contaminated
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
50
ppm
PCBs
test
the
fluid
for
<
50
non­
PCB
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
>=
50
but
<
500
>=
2
but
<
50
ppm
test
the
fluid
for
<
50
non­
PCB
PCBs
PCBs
at
least
90
days
after
retrofill
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
<
2
ppm
PCBs
(
no
need
to
test)
(
not
applicable)
non­
PCB
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
B)
If
you
discover
that
the
PCB
concentration
of
the
fluid
in
a
reclassified
electromagnet,
switch,
or
voltage
regulator
has
changed,
causing
the
reclassified
status
to
change,
the
electromagnet,
switch,
or
voltage
regulator
is
regulated
based
on
the
actual
concentration
of
the
fluid.
For
example,
an
electromagnet,
switch,
or
voltage
regulator
that
was
reclassified
to
non­
PCB
status
is
regulated
as
a
PCB­
Contaminated
electromagnet,
switch,
or
voltage
regulator
if
you
discover
that
the
concentration
of
the
fluid
has
increased
to

50
but
<
500
ppm
PCBs.
If
you
discover
that
the
PCB
concentration
of
the
fluid
in
a
voltage
regulator
has
risen
to

500
ppm,
follow
paragraph
(
h)(
1)(
iii)
of
this
section
to
come
into
compliance
with
the
regulations
applicable
to
voltage
regulators
containing

500
ppm
PCBs.
You
also
have
the
option
of
repeating
the
reclassification
process.

(
C)
The
Director,
National
Program
Chemicals
Division
may,
without
further
rulemaking,
grant
approval
on
a
case­
by­
case
basis
for
the
use
of
alternative
methods
to
reclassify
electromagnets,
switches
or
voltage
regulators.
You
may
request
an
approval
by
writing
to
the
Director,
National
Program
Chemicals
Division
(
7404),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Describe
the
equipment
you
plan
to
reclassify,
the
alternative
reclassification
method
you
plan
to
use,
and
test
data
or
other
evidence
on
the
effectiveness
of
the
method.

(
D)
You
must
keep
records
of
the
reclassification
required
by
§
761.180(
g).

(
vi)
Any
dielectric
fluid
containing
50
ppm
or
greater
PCB
used
for
servicing
electromagnets,
switches,
or
voltage
regulators
must
be
stored
in
accordance
with
the
storage
for
disposal
requirements
of
§
761.65.

(
vii)
Processing
and
distribution
in
commerce
of
PCBs
for
purposes
of
servicing
electromagnets,
switches
or
voltage
regulators
is
permitted
only
for
persons
who
are
granted
an
exemption
under
TSCA
6(
e)(
3)(
B).

(
i)
Use
and
reuse
of
PCBs
in
natural
gas
pipeline
systems;
use
and
reuse
of
PCB­
Contaminated
natural
gas
pipe
and
appurtenances.
(
1)(
i)
PCBs
are
authorized
for
use
in
natural
gas
pipeline
systems
at
concentrations
<
50
ppm.

(
ii)
PCBs
are
authorized
for
use,
at
concentrations

50
ppm,
in
natural
gas
pipeline
systems
not
owned
or
operated
by
a
seller
or
distributor
of
natural
gas.

(
iii)(
A)
PCBs
are
authorized
for
use,
at
concentrations

50
ppm,
in
natural
gas
pipeline
systems
owned
or
operated
by
a
seller
or
distributor
of
natural
gas,
if
the
owner
or
operator:

(
1)
Submits
to
EPA,
upon
request,
a
written
description
of
the
general
nature
and
location
of
PCBs

50
ppm
in
their
natural
gas
pipeline
system.
Each
written
description
shall
be
submitted
to
the
EPA
Regional
Administrator
having
jurisdiction
over
the
segment
or
component
of
the
system
(
or
the
Director,
National
Program
Chemicals
Division,
Office
of
Prevention,
Pesticides,
and
Toxic
Substances,
if
the
system
is
contaminated
in
more
than
one
region).

(
2)
Within
120
days
after
discovery
of
PCBs

50
ppm
in
natural
gas
pipeline
systems,
or
by
December
28,
1998,
whichever
is
later,
characterizes
the
extent
of
PCB
contamination
by
collecting
and
analyzing
samples
to
identify
the
upstream
and
downstream
end
points
of
the
segment
or
component
where
PCBs

50
ppm
were
discovered.

(
3)
Within
120
days
of
characterization
of
the
extent
of
PCB
contamination,
or
by
December
28,
1998,
whichever
is
later,
samples
and
analyzes
all
potential
sources
of
introduction
of
PCBs
into
the
natural
gas
pipeline
system
for
PCBs

50
ppm.
Potential
sources
include
natural
gas
compressors,
natural
gas
scrubbers,
natural
gas
filters,
and
interconnects
where
natural
gas
is
received
upstream
from
the
most
downstream
sampling
point
where
PCBs

50
ppm
were
detected;
potential
sources
exclude
valves,
drips,
or
other
small
liquid
condensate
collection
points.

(
4)
Within
1
year
of
characterization
of
the
extent
of
PCB
contamination,
reduces
all
demonstrated
sources
of
PCBs

50
ppm
to
<
50
ppm,
or
removes
such
sources
from
the
natural
gas
pipeline
system;
or
implements
other
engineering
measures
or
methods
to
reduce
PCB
levels
to
<
50
ppm
and
to
prevent
further
introduction
of
PCBs

50
ppm
into
the
natural
gas
pipeline
system
(
e.
g.,
pigging,
decontamination,
in­
line
filtration).

(
5)
Repeats
sampling
and
analysis
at
least
annually
where
PCBs
are

50
ppm,
until
sampling
results
indicate
the
natural
gas
pipeline
segment
or
component
is
<
50
ppm
PCB
in
two
successive
samples
with
a
minimum
interval
between
samples
of
180
days.

(
6)
Marks
aboveground
sources
of
PCB
liquids
in
natural
gas
pipeline
systems
with
the
ML
Mark
in
accordance
with
§
761.45(
a),
where
such
sources
have
been
demonstrated
through
historical
data
or
recent
sampling
to
contain
PCBs

50
ppm.

(
B)
Owners
or
operators
of
natural
gas
pipeline
systems
which
do
not
include
potential
sources
of
PCB
contamination
as
described
in
paragraph
(
i)(
1)(
iii)(
A)(
3)
of
this
section
containing

50
ppm
PCB
are
not
subject
to
paragraphs
(
i)(
1)(
iii)(
A)(
2),
(
i)(
1)(
iii)(
A)(
3),
(
i)(
1)(
iii)(
A)(
4),
or
(
i)(
1)(
iii)(
A)(
6)
of
this
section.
Owners
or
operators
of
these
systems,
however,
must
comply
with
the
other
provisions
of
this
section
(
e.
g.,
sampling
of
any
collected
PCB
liquids
and
recordkeeping).

(
C)
The
owner
or
operator
of
a
natural
gas
pipeline
system
must
document
in
writing
all
data
collected
and
actions
taken,
or
not
taken,
pursuant
to
the
authorization
in
paragraph
(
i)(
1)(
iii)(
A)
of
this
section.
They
must
maintain
the
information
for
3
years
after
the
PCB
concentration
in
the
component
or
segment
is
reduced
to
<
50
ppm,
and
make
it
available
to
EPA
upon
request.

(
D)
The
Director,
National
Program
Chemicals
Division,
after
consulting
with
the
appropriate
EPA
Region(
s)
may,
based
on
a
finding
of
no
unreasonable
risk,
modify
in
writing
the
requirements
of
paragraph
(
i)(
1)(
iii)(
A)
of
this
section,
including
extending
any
compliance
date,
approving
alternative
formats
for
documentation,
waiving
one
or
more
requirements
for
a
segment
or
component,
requiring
sampling
and
analysis,
and
requiring
implementation
of
engineering
measures
to
reduce
PCB
concentrations.
EPA
will
make
such
modifications
based
on
the
natural
gas
pipeline
system
size,
configuration,
and
current
operating
conditions;
nature,
extent
or
source
of
contamination;
proximity
of
contamination
to
end­
users;
or
previous
sampling,
monitoring,
remedial
actions
or
documentation
of
activities
taken
regarding
compliance
with
this
authorization
or
other
applicable
Federal,
State,
or
local
laws
and
regulations.
The
Director,
National
Program
Chemicals
Division,
may
defer
the
authority
described
in
this
paragraph,
upon
request,
to
the
appropriate
EPA
Region.
(
E)
The
owner
or
operator
of
a
natural
gas
pipeline
system
may
use
historical
data
to
fulfill
the
requirements
of
paragraphs
(
i)(
1)(
iii)(
A)(
1),
(
i)(
1)(
iii)(
A)(
2)
and
(
i)(
1)(
iii)(
A)(
3)
of
this
section.
They
may
use
documented
historical
actions
taken
to
reduce
PCB
concentrations
in
known
sources;
decontaminate
components
or
segments
of
natural
gas
pipeline
systems;
or
otherwise
to
reduce
PCB
levels
to
fulfill
the
requirements
of
paragraph
(
i)(
1)(
iii)(
A)(
4)
of
this
section.

(
2)
Any
person
may
reuse
PCB­
Contaminated
natural
gas
pipe
and
appurtenances
in
a
natural
gas
pipeline
system,
provided
all
free­
flowing
liquids
have
been
removed.

(
3)
Any
person
may
use
PCB­
Contaminated
natural
gas
pipe,
drained
of
all
free­
flowing
liquids,
in
the
transport
of
liquids
(
e.
g.,
bulk
hydrocarbons,
chemicals,
petroleum
products,
or
coal
slurry),
as
casing
to
provide
secondary
containment
or
protection
(
e.
g.,
protection
for
electrical
cable),
as
industrial
structural
material
(
e.
g.,
fence
posts,
sign
posts,
or
bridge
supports),
as
temporary
flume
at
construction
sites,
as
equipment
skids,
as
culverts
under
transportation
systems
in
intermittent
flow
situations,
for
sewage
service
with
written
consent
of
the
Publicly
Owned
Treatment
Works
(
POTW),
for
steam
service,
as
irrigation
systems
(<
20
inch
diameter)
of
less
than
200
miles
in
length,
and
in
a
totally
enclosed
compressed
air
system.

(
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
§
761.1(
b)(
4);
if
no
liquids
are
present,
they
must
use
standard
wipe
samples
in
accordance
with
subpart
M
of
this
part.

(
5)(
i)
Any
person
disposing
of
liquids
containing
PCBs

50
ppm
removed,
spilled,
or
otherwise
released
from
a
natural
gas
pipeline
system
must
do
so
in
accordance
with
§
761.61(
a)(
5)(
iv)
based
on
the
PCB
concentration
at
the
time
of
removal
from
the
system.
Any
person
disposing
of
materials
contaminated
by
spills
or
other
releases
of
PCBs

50
ppm
from
a
natural
gas
pipeline
systems,
must
do
so
in
accordance
with
§
§
761.61
or
761.79,
as
applicable.

(
ii)
Any
person
who
markets
or
burns
for
energy
recovery
liquids
containing
PCBs
at
concentrations
<
50
ppm
PCBs
at
the
time
of
removal
from
a
natural
gas
pipeline
system
must
do
so
in
accordance
with
the
provisions
pertaining
to
used
oil
at
§
761.20(
e).
No
other
use
of
liquid
containing
PCBs
at
concentrations
above
the
quantifiable
level/
level
of
detection
removed
from
a
natural
gas
pipeline
system
is
authorized.

(
j)
Research
and
development.
For
purposes
of
this
section,
authorized
research
and
development
(
R&
D)
activities
include,
but
are
not
limited
to:
the
chemical
analysis
of
PCBs,
including
analyses
to
determine
PCB
concentration;
determinations
of
the
physical
properties
of
PCBs;
studies
of
environmental
transport
processes;
studies
of
biochemical
transport
processes;
studies
of
effects
of
PCBs
on
the
environment;
and
studies
of
the
health
effects
of
PCBs,
including
direct
toxicity
and
toxicity
of
metabolic
products
of
PCBs.
Authorized
R&
D
activities
do
not
include
research,
development,
or
analysis
for
the
development
of
any
PCB
product.
Any
person
conducting
R&
D
activities
under
this
section
is
also
responsible
for
determining
and
complying
with
all
other
applicable
Federal,
State,
and
local
laws
and
regulations.
Although
the
use
of
PCBs
and
PCBs
in
analytical
reference
samples
derived
from
waste
material
is
authorized
in
conjunction
with
PCB­
disposal
related
activities,
R&
D
for
PCB
disposal
(
as
defined
under
§
761.3)
is
addressed
in
§
761.60(
j).
PCBs
and
PCBs
in
analytical
reference
samples
derived
from
waste
materials
are
authorized
for
use,
in
a
manner
other
than
a
totally
enclosed
manner,
provided
that:

(
1)
They
obtain
the
PCBs
and
PCBs
in
analytical
reference
samples
derived
from
waste
materials
from
sources
authorized
under
§
761.80
to
manufacture,
process,
and
distribute
PCBs
in
commerce
and
the
PCBs
are
packaged
in
compliance
with
the
Hazardous
Materials
Regulations
at
49
CFR
parts
171
through
180.

(
2)
They
store
all
PCB
wastes
resulting
from
R&
D
activities
(
e.
g.,
spent
laboratory
samples,
residuals,
contaminated
media
such
as
clothing,
etc.)
in
compliance
with
§
761.65(
b)
and
dispose
of
all
PCB
wastes
in
compliance
with
§
761.64.

(
3)
[
Reserved]

(
4)
No
person
may
manufacture,
process,
or
distribute
in
commerce
PCBs
for
research
and
development
unless
they
have
been
granted
an
exemption
to
do
so
under
TSCA
section
6(
e)(
3)(
B).

(
k)
Use
in
scientific
instruments.
PCBs
may
be
used
indefinitely
in
scientific
instruments,
for
example,
in
oscillatory
flow
birefringence
and
viscoelasticity
instruments
for
the
study
of
the
physical
properties
of
polymers,
as
microscopy
mounting
fluids,
as
microscopy
immersion
oil,
and
as
optical
liquids
in
a
manner
other
than
a
totally
enclosed
manner.
No
person
may
manufacture,
process,
or
distribute
in
commerce
PCBs
for
use
in
scientific
instruments
unless
they
have
been
granted
an
exemption
to
do
so
under
TSCA
section
6(
e)(
3)(
B).

(
l)
Use
in
capacitors.
PCBs
at
any
concentration
may
be
used
in
capacitors,
subject
to
the
following
conditions:

(
1)
Use
conditions.
(
i)
After
October
1,
1988,
the
use
and
storage
for
reuse
of
PCB
Large
High
Voltage
Capacitors
and
PCB
Large
Low
Voltage
Capacitors
which
pose
an
exposure
risk
to
food
or
feed
is
prohibited.

(
ii)
After
October
1,
1988,
the
use
of
PCB
Large
High
Voltage
Capacitors
and
PCB
Large
Low
Voltage
Capacitors
is
prohibited
unless
the
capacitor
is
used
within
a
restricted­
access
electrical
substation
or
in
a
contained
and
restricted­
access
indoor
installation.
A
restricted­
access
electrical
substation
is
an
outdoor,
fenced
or
walled­
in
facility
that
restricts
public
access
and
is
used
in
the
transmission
or
distribution
of
electric
power.
A
contained
and
restricted­
access
indoor
installation
does
not
have
public
access
and
has
an
adequate
roof,
walls,
and
floor
to
contain
any
release
of
PCBs
within
the
indoor
location.

(
2)
[
Reserved]
(
m)
Use
in
and
servicing
of
circuit
breakers,
reclosers
and
cable.
PCBs
at
any
concentration
may
be
used
in
circuit
breakers,
reclosers,
and
cable
and
may
be
used
for
purposes
of
servicing
this
electrical
equipment
(
including
rebuilding)
for
the
remainder
of
their
useful
lives,
subject
to
the
following
conditions:

(
1)
Servicing
conditions.
(
i)
Circuit
breakers,
reclosers,
and
cable
may
be
serviced
(
including
rebuilding)
only
with
dielectric
fluid
containing
less
than
50
ppm
PCB.

(
ii)
Any
circuit
breaker,
recloser
or
cable
found
to
contain
at
least
50
ppm
PCBs
may
be
serviced
only
in
accordance
with
the
conditions
contained
in
40
CFR
761.30(
h)(
2).

(
2)
[
Reserved]

(
n)
 
(
o)
[
Reserved]

(
p)
Continued
use
of
porous
surfaces
contaminated
with
PCBs
regulated
for
disposal
by
spills
of
liquid
PCBs.
(
1)
Any
person
may
use
porous
surfaces
contaminated
by
spills
of
liquid
PCBs
at
concentrations
>
10

g/
100
cm
2
for
the
remainder
of
the
useful
life
of
the
surfaces
and
subsurface
material
if
the
following
conditions
are
met:

(
i)
The
source
of
PCB
contamination
is
removed
or
contained
to
prevent
further
release
to
porous
surfaces.

(
ii)
If
the
porous
surface
is
accessible
to
superficial
surface
cleaning:

(
A)
The
double
wash
rinse
procedure
in
subpart
S
of
this
part
is
conducted
on
the
surface
to
remove
surface
PCBs.

(
B)
The
treated
surface
is
allowed
to
dry
for
24
hours.

(
iii)
After
accessible
surfaces
have
been
cleaned
according
to
paragraph
(
p)(
1)(
ii)
of
this
section
and
for
all
surfaces
inaccessible
to
cleanup:

(
A)
The
surface
is
completely
covered
to
prevent
release
of
PCBs
with:

(
1)
Two
solvent
resistant
and
water
repellent
coatings
of
contrasting
colors
to
allow
for
a
visual
indication
of
wear
through
or
loss
of
outer
coating
integrity;
or
(
2)
A
solid
barrier
fastened
to
the
surface
and
covering
the
contaminated
area
or
all
accessible
parts
of
the
contaminated
area.
Examples
of
inaccessible
areas
are
underneath
a
floor­
mounted
electrical
transformer
and
in
an
impassible
space
between
an
electrical
transformer
and
a
vault
wall.

(
B)
The
surface
is
marked
with
the
ML
Mark
in
a
location
easily
visible
to
individuals
present
in
the
area;
the
ML
Mark
shall
be
placed
over
the
encapsulated
area
or
the
barrier
to
the
encapsulated
area.

(
C)
ML
Marks
shall
be
replaced
when
worn
or
illegible.

(
2)
Removal
of
a
porous
surface
contaminated
with
PCBs
from
its
location
or
current
use
is
prohibited
except
for
removal
for
disposal
in
accordance
with
§
§
761.61
or
761.79
for
surfaces
contaminated
by
spills,
or
§
761.62
for
manufactured
porous
surfaces.

(
q)
[
Reserved]

(
r)
Use
in
and
servicing
of
rectifiers.
Any
person
may
use
PCBs
at
any
concentration
in
rectifiers
for
the
remainder
of
the
PCBs'
useful
life,
and
may
use
PCBs
<
50
ppm
in
servicing
(
including
rebuilding)
rectifiers.

(
s)
Use
of
PCBs
in
air
compressor
systems.
(
1)
Any
person
may
use
PCBs
in
air
compressor
systems
at
concentrations
<
50
ppm.

(
2)
Any
person
may
use
PCBs
in
air
compressor
systems
(
or
components
thereof)
at
concentrations

50
ppm
provided
that:

(
i)
All
free­
flowing
liquids
containing
PCBs

50
ppm
are
removed
from
the
air
compressor
crankcase
and
the
crankcase
is
refilled
with
non­
PCB
liquid.

(
ii)
Other
air
compressor
system
components
contaminated
with
PCBs

50
ppm,
are
decontaminated
in
accordance
with
§
761.79
or
disposed
of
in
accordance
with
subpart
D
of
this
part.

(
iii)
Air
compressor
piping
with
a
nominal
inside
diameter
of
<
2
inches
is
decontaminated
by
continuous
flushing
for
4
hours,
at
no
<
300
gallons
per
hour
(
§
761.79
contains
solvent
requirements).

(
3)
The
requirements
in
paragraph
(
s)(
2)
of
this
section
must
be
completed
by
August
30,
1999
or
within
1
year
of
the
date
of
discovery
of
PCBs
at

50
ppm
in
the
air
compressor
system,
whichever
is
later.
The
EPA
Regional
Administrator
for
the
EPA
Region
in
which
an
air
compressor
system
is
located
may,
at
his/
her
discretion
and
in
writing,
extend
this
timeframe.

(
t)
Use
of
PCBs
in
other
gas
or
liquid
transmission
systems.
(
1)
PCBs
are
authorized
for
use
in
intact
and
non­
leaking
gas
or
liquid
transmission
systems
at
concentrations
<
50
ppm
PCBs.

(
2)
PCBs
are
authorized
for
use
at
concentrations

50
ppm
in
intact
and
non­
leaking
gas
or
liquid
transmission
systems
not
owned
or
operated
by
a
seller
or
distributor
of
the
gas
or
liquid
transmitted
in
the
system.

(
3)
Any
person
may
use
PCBs
at
concentrations

50
ppm
in
intact
and
non­
leaking
gas
or
liquid
transmission
systems,
with
the
written
approval
of
the
Director,
National
Program
Chemicals
Division,
subject
to
the
requirements
applicable
to
natural
gas
pipeline
systems
at
paragraphs
(
i)(
1)(
iii)(
A),
(
i)(
1)(
iii)(
C)
through
(
i)(
1)(
iii)(
E),
and
(
i)(
2)
through
(
i)(
5)
of
this
section.

(
u)
Use
of
decontaminated
materials.
(
1)
Any
person
may
use
equipment,
structures,
other
non­
liquid
or
liquid
materials
that
were
contaminated
with
PCBs
during
manufacture,
use,
servicing,
or
because
of
spills
from,
or
proximity
to,
PCBs

50
ppm,
including
those
not
otherwise
authorized
for
use
under
this
part,
provided:

(
i)
The
materials
were
decontaminated
in
accordance
with:

(
A)
A
TSCA
PCB
disposal
approval
issued
under
subpart
D
of
this
part;

(
B)
Section
761.79;
or
(
C)
Applicable
EPA
PCB
spill
cleanup
policies
(
e.
g.,
TSCA,
RCRA,
CERCLA,
EPA
regional)
in
effect
at
the
time
of
the
decontamination;
or
(
ii)
If
not
previously
decontaminated,
the
materials
now
meet
an
applicable
decontamination
standard
in
§
761.79(
b).

(
2)
No
person
shall
use
or
reuse
materials
decontaminated
in
accordance
with
paragraph
(
u)(
1)(
i)
of
this
section
or
meeting
an
applicable
decontamination
standard
in
paragraph
(
u)(
1)(
ii)
of
this
section,
in
direct
contact
with
food,
feed,
or
drinking
water
unless
otherwise
allowed
under
this
section
or
this
part.

(
3)
Any
person
may
use
water
containing
PCBs
at
concentrations

0.5

g/
L
PCBs
without
restriction.

(
4)
Any
person
may
use
water
containing
PCBs
at
concentrations
<
200

g/
L
(
i.
e.,
<
200
ppb
PCBs)
for
non­
contact
use
in
a
closed
system
where
there
are
no
releases
(
e.
g.,
as
a
non­
contact
cooling
water).

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020,
2025
(
15
U.
S.
C.
2605)

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982]

§
761.35
Storage
for
reuse.

(
a)
The
owner
or
operator
of
a
PCB
Article
may
store
it
for
reuse
in
an
area
which
is
not
designed,
constructed,
and
operated
in
compliance
with
§
761.65(
b),
for
no
more
than
5
years
after
the
date
the
Article
was
originally
removed
from
use
(
e.
g.,
disconnected
electrical
equipment)
or
5
years
after
August
28,
1998,
whichever
is
later,
if
the
owner
or
operator
complies
with
the
following
conditions:

(
1)
Follows
all
use
requirements
at
§
761.30
and
marking
requirements
at
subpart
C
of
this
part
that
are
applicable
to
the
PCB
Article.

(
2)
Maintains
records
starting
at
the
time
the
PCB
Article
is
removed
from
use
or
August
28,
1998.
The
records
must
indicate:

(
i)
The
date
the
PCB
Article
was
removed
from
use
or
August
28,
1998,
if
the
removal
date
is
not
known.

(
ii)
The
projected
location
and
the
future
use
of
the
PCB
Article.

(
iii)
If
applicable,
the
date
the
PCB
Article
is
scheduled
for
repair
or
servicing.

(
b)
The
owner
or
operator
of
a
PCB
Article
may
store
it
for
reuse
in
an
area
that
does
not
comply
with
§
761.65(
b)
for
a
period
longer
than
5
years,
provided
that
the
owner
or
operator
has
received
written
approval
from
the
EPA
Regional
Administrator
for
the
Region
in
which
the
PCB
Article
is
stored.
An
owner
or
operator
of
a
PCB
Article
seeking
approval
to
extend
the
5
 
year
period
must
submit
a
request
for
extension
to
the
EPA
Regional
Administrator
at
least
6
months
before
the
5­
year
storage
for
reuse
period
expires
and
must
include
an
item­
by­
item
justification
for
the
desired
extension.
The
EPA
Regional
Administrator
may
include
any
conditions
to
such
approval
deemed
necessary
to
protect
health
or
the
environment.
The
owner
or
operator
of
the
PCB
Article
being
stored
for
reuse
must
comply
with
the
other
applicable
provisions
of
this
part,
including
the
record
retention
requirements
at
§
761.180(
a).

(
c)
Any
person
may
store
a
PCB
Article
for
reuse
indefinitely
in:

(
1)
A
unit
in
compliance
with
§
761.65(
b).

(
2)
A
unit
permitted
under
section
3004
of
RCRA
to
manage
hazardous
wastes
in
containers.

(
3)
A
unit
permitted
by
a
State
authorized
under
section
3006
of
RCRA
to
manage
hazardous
waste.

[
63
FR
35443,
June
29,
1998]

Subpart
C
 
Marking
of
PCBs
and
PCB
Items
§
761.40
Marking
requirements.

(
a)
Each
of
the
following
items
in
existence
on
or
after
July
1,
1978
shall
be
marked
as
illustrated
in
Figure
1
in
§
761.45(
a):
The
mark
illustrated
in
Figure
1
is
referred
to
as
ML
throughout
this
subpart.

(
1)
PCB
Containers;

(
2)
PCB
Transformers
at
the
time
of
manufacture,
at
the
time
of
distribution
in
commerce
if
not
already
marked,
and
at
the
time
of
removal
from
use
if
not
already
marked.
[
Marking
of
PCB­
Contaminated
Electrical
Equipment
is
not
required];

(
3)
PCB
Large
High
Voltage
Capacitors
at
the
time
of
manufacture,
at
the
time
of
distribution
in
commerce
if
not
already
marked,
and
at
the
time
of
removal
from
use
if
not
already
marked;

(
4)
Equipment
containing
a
PCB
Transformer
or
a
PCB
Large
High
Voltage
Capacitor
at
the
time
of
manufacture,
at
the
time
of
distribution
in
commerce
if
not
already
marked,
and
at
the
time
of
removal
of
the
equipment
from
use
if
not
already
marked;

(
5)
PCB
Large
Low
Voltage
Capacitors
at
the
time
of
removal
from
use
(
see
also
paragraph
(
k)
of
this
section).

(
6)
Electric
motors
using
PCB
coolants
(
See
also
paragraph
(
e)
of
this
section).

(
7)
Hydraulic
systems
using
PCB
hydraulic
fluid
(
See
also
paragraph
(
e)
of
this
section);

(
8)
Heat
transfer
systems
(
other
than
PCB
Transformers)
using
PCBs
(
See
also
paragraph
(
e)
of
this
section);

(
9)
PCB
Article
Containers
containing
articles
or
equipment
that
must
be
marked
under
paragraphs
(
a)
(
1)
through
(
8)
of
this
section;

(
10)
Each
storage
area
used
to
store
PCBs
and
PCB
Items
for
disposal.

(
b)
As
of
October
1,
1978,
each
transport
vehicle
loaded
with
PCB
Containers
that
contain
more
than
45
kg
(
99.4
lbs.)
of
liquid
PCBs
at
concentrations
of

50
ppm
or
with
one
or
more
PCB
Transformers
shall
be
marked
on
each
end
and
each
side
with
the
ML
mark
as
described
in
§
761.45(
a).

(
c)
As
of
January
1,
1979,
the
following
PCB
Articles
shall
be
marked
with
mark
ML
as
described
in
§
761.45(
a):

(
1)
All
PCB
Transformers
not
marked
under
paragraph
(
a)
of
this
section
[
marking
of
PCB­
Contaminated
Electrical
Equipment
is
not
required];

(
2)
All
PCB
Large
High
Voltage
Capacitors
not
marked
under
paragraph
(
a)
of
this
section
(
i)
Will
be
marked
individually
with
mark
ML,
or
(
ii)
If
one
or
more
PCB
Large
High
Voltage
Capacitors
are
installed
in
a
protected
location
such
as
on
a
power
pole,
or
structure,
or
behind
a
fence;
the
pole,
structure,
or
fence
shall
be
marked
with
mark
ML,
and
a
record
or
procedure
identifying
the
PCB
Capacitors
shall
be
maintained
by
the
owner
or
operator
at
the
protected
location.
(
d)
As
of
January
1,
1979,
all
PCB
Equipment
containing
a
PCB
Small
Capacitor
shall
be
marked
at
the
time
of
manufacture
with
the
statement,
"
This
equipment
contains
PCB
Capacitor(
s)".
The
mark
shall
be
of
the
same
size
as
the
mark
ML.

(
e)
As
of
October
1,
1979,
applicable
PCB
Items
in
paragraphs
(
a)(
1),
(
a)(
6),
(
a)(
7),
and
(
a)(
8)
of
this
section
containing
PCBs
in
concentrations
of
50
to
500
ppm
shall
be
marked
with
the
ML
mark
as
described
in
§
761.45(
a).

(
f)
Where
mark
ML
is
specified
but
the
PCB
Article
or
PCB
Equipment
is
too
small
to
accomodate
the
smallest
permissible
size
of
mark
ML,
mark
MS
as
described
in
§
761.45(
b),
may
be
used
instead
of
mark
ML.

(
g)
Each
large
low
voltage
capacitor,
each
small
capacitor
normally
used
in
alternating
current
circuits,
and
each
fluorescent
light
ballast
manufactured
("
manufactured",
for
purposes
of
this
sentence,
means
built)
between
July
1,
1978
and
July
1,
1998
that
do
not
contain
PCBs
shall
be
marked
by
the
manufacturer
at
the
time
of
manufacture
with
the
statement,
"
No
PCBs".
The
mark
shall
be
of
similar
durability
and
readability
as
other
marking
that
indicate
electrical
information,
part
numbers,
or
the
manufacturer's
name.
For
purposes
of
this
paragraph
marking
requirement
only
is
applicable
to
items
built
domestically
or
abroad
after
June
30,
1978.

(
h)
All
marks
required
by
this
subpart
must
be
placed
in
a
position
on
the
exterior
of
the
PCB
Items,
storage
units,
or
transport
vehicles
so
that
the
marks
can
be
easily
read
by
any
persons
inspecting
or
servicing
the
marked
PCB
Items,
storage
units,
or
transport
vehicles.

(
i)
Any
chemical
substance
or
mixture
that
is
manufactured
after
the
effective
date
of
this
rule
and
that
contains
less
than
500
ppm
PCB
(
0.05%
on
a
dry
weight
basis),
including
PCB
that
is
a
byproduct
or
impurity,
must
be
marked
in
accordance
with
any
requirements
contained
in
the
exemption
granted
by
EPA
to
permit
such
manufacture
and
is
not
subject
to
any
other
requirement
in
this
subpart
unless
so
specified
in
the
exemption.
This
paragraph
applies
only
to
containers
of
chemical
substances
or
mixtures.
PCB
articles
and
equipment
into
which
the
chemical
substances
or
mixtures
are
processed,
are
subject
to
the
marking
requirements
contained
elsewhere
in
this
subpart.

(
j)
PCB
Transformer
locations
shall
be
marked
as
follows:

(
1)
Except
as
provided
in
paragraph
(
j)(
2)
of
this
section,
as
of
December
1,
1985,
the
vault
door,
machinery
room
door,
fence,
hallway,
or
means
of
access,
other
than
grates
and
manhole
covers,
to
a
PCB
Transformer
must
be
marked
with
the
mark
ML
as
required
by
paragraph
(
a)
of
this
section.

(
2)
A
mark
other
than
the
ML
mark
may
be
used
provided
all
of
the
following
conditions
are
met:

(
i)
The
program
using
such
an
alternative
mark
was
initiated
prior
to
August
15,
1985,
and
can
be
substantiated
with
documentation.
(
ii)
Prior
to
August
15,
1985,
coordination
between
the
transformer
owner
and
the
primary
fire
department
occurred,
and
the
primary
fire
department
knows,
accepts,
and
recognizes
what
the
alternative
mark
means,
and
that
this
can
be
substantiated
with
documentation.

(
iii)
The
EPA
Regional
Administrator
in
the
appropriate
region
is
informed
in
writing
of
the
use
of
the
alternative
mark
by
October
3,
1988
and
is
provided
with
documentation
that
the
program
began
before
August
15,
1985,
and
documentation
that
demonstrates
that
prior
to
that
date
the
primary
fire
department
knew,
accepted
and
recognized
the
meaning
of
the
mark,
and
included
this
information
in
firefighting
training.

(
iv)
The
Regional
Administrator
will
either
approve
or
disapprove
in
writing
the
use
of
an
alternative
mark
within
30
days
of
receipt
of
the
documentation
of
a
program.

(
3)
Any
mark
placed
in
accordance
with
the
requirements
of
this
section
must
be
placed
in
the
locations
described
in
paragraph
(
j)(
1)
of
this
section
and
in
a
manner
that
can
be
easily
read
by
emergency
response
personnel
fighting
a
fire
involving
this
equipment.

(
k)
As
of
April
26,
1999
the
following
PCB
Items
shall
be
marked
with
the
ML
mark
as
described
in
§
761.45(
a):

(
1)
All
PCB
Large
Low
Voltage
Capacitors
not
marked
under
paragraph
(
a)
of
this
section
shall
be
marked
individually,
or
if
one
or
more
PCB
Large
Low
Voltage
Capacitors
are
installed
in
a
protected
location
such
as
on
a
power
pole,
or
structure,
or
behind
a
fence,
then
the
owner
or
operator
shall
mark
the
pole,
structure,
or
fence
with
the
ML
mark,
and
maintain
a
record
or
procedure
identifying
the
PCB
Capacitors
at
the
protected
location.
PCB
Large
Low
Voltage
Capacitors
in
inaccessible
locations
inside
equipment
need
not
be
marked
individually,
provided
the
owner
or
operator
marks
the
equipment
in
accordance
with
paragraph
(
k)(
2)
of
this
section,
and
marks
the
individual
capacitors
at
the
time
of
removal
from
use
in
accordance
with
paragraph
(
a)
of
this
section.

(
2)
All
equipment
not
marked
under
paragraph
(
a)
of
this
section
containing
a
PCB
Transformer
or
a
PCB
Large
High
or
Low
Voltage
Capacitor.

(
l)(
1)
All
voltage
regulators
which
contain
1.36
kilograms
(
3
lbs.)
or
more
of
dielectric
fluid
with
a
PCB
concentration
of

500
ppm
must
be
marked
individually
with
the
ML
mark
as
described
in
§
761.45(
a).

(
2)
Locations
of
voltage
regulators
which
contain
1.36
kilograms
(
3
lbs.)
or
more
of
dielectric
fluid
with
a
PCB
concentration
of

500
ppm
shall
be
marked
as
follows:
The
vault
door,
machinery
room
door,
fence,
hallway,
or
means
of
access,
other
than
grates
or
manhole
covers,
must
be
marked
with
the
ML
mark
as
described
in
§
761.45(
a).

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982,
and
amended
at
47
FR
37359,
Aug.
25,
1982;
50
FR
29201,
July
17,
1985;
50
FR
32176,
Aug.
9,
1985;
53
FR
12524,
Apr.
15,
1988;
53
FR
27329,
July
19,
1988;
63
FR
35443,
June
29,
1998;
64
FR
33760,
June
24,
1999]

§
761.45
Marking
formats.

The
following
formats
shall
be
used
for
marking:

(
a)
Large
PCB
Mark
 
ML.
Mark
ML
shall
be
as
shown
in
Figure
1,
letters
and
striping
on
a
white
or
yellow
background
and
shall
be
sufficiently
durable
to
equal
or
exceed
the
life
(
including
storage
for
disposal)
of
the
PCB
Article,
PCB
Equipment,
or
PCB
Container.
The
size
of
the
mark
shall
be
at
least
15.25
cm
(
6
inches)
on
each
side.
If
the
PCB
Article
or
PCB
Equipment
is
too
small
to
accommodate
this
size,
the
mark
may
be
reduced
in
size
proportionately
down
to
a
minimum
of
5
cm
(
2
inches)
on
each
side.

(
b)
Small
PCB
Mark
 
Ms.
Mark
Ms
shall
be
as
shown
in
Figure
2,
letters
and
striping
on
a
white
or
yellow
background,
and
shall
be
sufficiently
durable
to
equal
or
exceed
the
life
(
including
storage
for
disposal)
of
the
PCB
Article,
PCB
Equipment,
or
PCB
Container.
The
mark
shall
be
a
rectangle
2.5
by
5
cm
(
1
inch
by
2
inches).
If
the
PCB
Article
or
PCB
Equipment
is
too
small
to
accommodate
this
size,
the
mark
may
be
reduced
in
size
proportionately
down
to
a
minimum
of
1
by
2
cm
(.
4
by
.8
inches).

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982]

Subpart
D
 
Storage
and
Disposal
§
761.50
Applicability.

(
a)
General
PCB
disposal
requirements.
Any
person
storing
or
disposing
of
PCB
waste
must
do
so
in
accordance
with
subpart
D
of
this
part.
The
following
prohibitions
and
conditions
apply
to
all
PCB
waste
storage
and
disposal:

(
1)
No
person
may
open
burn
PCBs.
Combustion
of
PCBs
approved
under
§
761.60
(
a)
or
(
e),
or
otherwise
allowed
under
part
761,
is
not
open
burning.

(
2)
No
person
may
process
liquid
PCBs
into
non­
liquid
forms
to
circumvent
the
high
temperature
incineration
requirements
of
§
761.60(
a).

(
3)
No
person
may
discharge
water
containing
PCBs
to
a
treatment
works
(
as
defined
§
503.9(
aa)
of
this
chapter)
or
to
navigable
waters
unless
the
PCB
concentration
is
<
3

g/
L
(
approximately
3
ppb),
or
unless
the
discharge
is
in
accordance
with
a
PCB
discharge
limit
included
in
a
permit
issued
under
section
307(
b)
or
402
of
the
Clean
Water
Act.

(
4)
Spills
and
other
uncontrolled
discharges
of
PCBs
at
concentrations
of

50
ppm
constitute
the
disposal
of
PCBs.

(
5)
Any
person
land
disposing
of
non­
liquid
PCBs
may
avoid
otherwise­
applicable
sampling
requirements
by
presuming
that
the
PCBs
disposed
of
are

500
ppm
(
or

100

g/
100
cm2
if
no
free­
flowing
liquids
are
present).

(
6)
Any
person
storing
or
disposing
of
PCBs
is
also
responsible
for
determining
and
complying
with
all
other
applicable
Federal,
State,
and
local
laws
and
regulations.

(
b)
PCB
waste.
(
1)
PCB
liquids.
Any
person
removing
PCB
liquids
from
use
(
i.
e.,
not
PCB
remediation
waste)
must
dispose
of
them
in
accordance
with
§
761.60(
a),
or
decontaminate
them
in
accordance
with
§
761.79.

(
2)
PCB
Items.
Any
person
removing
from
use
a
PCB
Item
containing
an
intact
and
non­
leaking
PCB
Article
must
dispose
of
it
in
accordance
with
§
761.60(
b),
or
decontaminate
it
in
accordance
with
§
761.79.
PCB
Items
where
the
PCB
Articles
are
no
longer
intact
and
non­
leaking
are
regulated
for
disposal
as
PCB
bulk
product
waste
under
§
761.62(
a)
or
(
c).

(
i)
Fluorescent
light
ballasts
containing
PCBs
only
in
an
intact
and
non­
leaking
PCB
Small
Capacitor
are
regulated
for
disposal
under
§
761.60(
b)(
2)(
ii).

(
ii)
Fluorescent
light
ballasts
containing
PCBs
in
the
potting
material
are
regulated
for
disposal
as
PCB
bulk
product
waste
under
§
761.62.

(
3)
PCB
remediation
waste.
PCB
remediation
waste,
including
PCB
sewage
sludge,
is
regulated
for
cleanup
and
disposal
in
accordance
with
§
761.61.

(
i)
Any
person
responsible
for
PCB
waste
at
as­
found
concentrations

50
ppm
that
was
either
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
prior
to
April
18,
1978,
regardless
of
the
concentration
of
the
spill
or
release;
or
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

50
ppm
but
<
500
ppm,
must
dispose
of
the
waste
as
follows:

(
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
he
or
she
may
direct
the
owner
or
operator
of
the
site
to
dispose
of
the
PCB
remediation
waste
in
accordance
with
§
761.61
such
that
an
unreasonable
risk
of
injury
no
longer
exists.

(
B)
Unless
directed
by
the
EPA
Regional
Administrator
to
dispose
of
PCB
waste
in
accordance
with
paragraph
(
b)(
3)(
i)(
A)
of
this
section,
any
person
responsible
for
PCB
waste
at
as­
found
concentrations

50
ppm
that
was
either
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
prior
to
April
18,
1978,
regardless
of
the
concentration
of
the
spill
or
release;
or
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

50
ppm
but
<
500
ppm,
who
unilaterally
decides
to
dispose
of
that
waste
(
for
example,
to
obtain
insurance
or
to
sell
the
property),
is
not
required
to
clean
up
in
accordance
with
§
761.61.
Disposal
of
the
PCB
remediation
waste
must
comply
with
§
761.61.
However,
cleanup
of
those
wastes
that
is
not
in
complete
compliance
with
§
761.61
will
not
afford
the
responsible
party
with
relief
from
the
applicable
PCB
regulations
for
that
waste.

(
ii)
Any
person
responsible
for
PCB
waste
at
as­
found
concentrations

50
ppm
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:

(
A)
In
accordance
with
the
PCB
Spill
Cleanup
Policy
(
Policy)
at
subpart
G
of
this
part,
for
those
PCB
remediation
wastes
that
meet
the
criteria
of
the
Policy.
Consult
the
Policy
for
a
description
of
the
spills
it
covers
and
its
notification
and
timing
requirements.

(
B)
In
accordance
with
§
761.61.
Complete
compliance
with
§
761.61
does
not
create
a
presumption
against
enforcement
action
for
penalties
for
any
unauthorized
PCB
disposal.

(
iii)
The
owner
or
operator
of
a
site
containing
PCB
remediation
waste
has
the
burden
of
proving
the
date
that
the
waste
was
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment,
and
the
concentration
of
the
original
spill.

(
4)
PCB
bulk
product
waste
 
(
i)
General.
Any
person
disposing
of
PCB
bulk
product
waste
must
do
so
in
accordance
with
§
761.62.
PCB
bulk
product
waste,
as
that
term
is
defined
in
§
761.3,
is
waste
that
was

50
ppm
when
originally
removed
from
service,
even
if
its
current
PCB
concentration
is
<
50
ppm.
PCB
bulk
product
waste
is
regulated
for
disposal
based
on
the
risk
from
the
waste
once
disposed
of.
For
waste
which
is
land
disposed,
the
waste
is
regulated
based
on
how
readily
the
waste
is
released
from
disposal
to
the
environment,
in
particular
by
leaching
out
from
the
land
disposal
unit.

(
ii)
Metal
surfaces
in
contact
with
PCBs.
Any
person
disposing
of
metal
surfaces
in
contact
with
PCBs
(
e.
g.,
painted
metal)
may
use
thermal
decontamination
procedures
in
accordance
with
§
761.79(
c)(
6)
(
see
§
761.62(
a)(
6)).

(
5)
PCB
household
waste.
Any
person
storing
or
disposing
of
PCB
household
waste,
as
that
term
is
defined
in
§
761.3,
must
do
so
in
accordance
with
§
761.63.

(
6)
PCB
research
and
development
waste.
Any
person
disposing
of
PCB
wastes
generated
during
and
as
a
result
of
research
and
development
for
use
under
§
761.30(
j),
or
for
disposal
under
§
761.60(
j),
must
do
so
in
accordance
with
§
761.64.
(
7)
PCB/
Radioactive
waste.
(
i)
Any
person
storing
PCB/
radioactive
waste

50
ppm
PCBs
must
do
so
taking
into
account
both
its
PCB
concentration
and
its
radioactive
properties,
except
as
provided
in
§
761.65(
a)(
1),
(
b)(
1)(
ii),
and
(
c)(
6)(
i).

(
ii)
Any
person
disposing
of
PCB/
radioactive
waste
must
do
so
taking
into
account
both
its
PCB
concentration
and
its
radioactive
properties.
If,
taking
into
account
only
the
properties
of
the
PCBs
in
the
waste
(
and
not
the
radioactive
properties
of
the
waste),
the
waste
meets
the
requirements
for
disposal
in
a
facility
permitted,
licensed,
or
registered
by
a
State
as
a
municipal
or
non­
municipal
non­
hazardous
waste
landfill
(
e.
g.,
PCB
bulk
product
waste
under
§
761.62(
b)(
1)),
then
the
person
may
dispose
of
the
PCB/
radioactive
waste,
without
regard
to
the
PCB
component
of
the
waste,
on
the
basis
of
its
radioactive
properties
in
accordance
with
all
applicable
requirements
for
the
radioactive
component
of
the
waste.

(
8)
Porous
surfaces.
In
most
cases
a
person
must
dispose
of
porous
surfaces
as
materials
where
PCBs
have
penetrated
far
beneath
the
surface,
rather
than
a
simple
surface
contamination.
Any
person
disposing
of
porous
surfaces
on
which
PCBs
have
been
spilled
and
meeting
the
definition
of
PCB
remediation
waste
at
§
761.3
must
do
so
in
accordance
with
§
761.61.
Any
person
disposing
of
porous
surfaces
which
are
part
of
manufactured
non­
liquid
products
containing
PCBs
and
meeting
the
definition
of
PCB
bulk
product
waste
at
§
761.3
must
do
so
in
accordance
with
§
761.62.
Any
person
may
decontaminate
concrete
surfaces
upon
which
PCBs
have
been
spilled
in
accordance
with
§
761.79(
b)(
4),
if
the
decontamination
procedure
is
commenced
within
72
hours
of
the
initial
spill
of
PCBs
to
the
concrete
or
portion
thereof
being
decontaminated.
Any
person
may
decontaminate
porous
non­
liquid
PCBs
in
contact
with
non­
porous
surfaces,
such
as
underground
metal
fuel
tanks
coated
with
fire
retardant
resin
or
pitch,
for
purposes
of
unrestricted
use
or
disposal
in
a
smelter
in
accordance
with
§
761.79(
b)(
3).

(
c)
Storage
for
disposal.
Any
person
who
holds
PCB
waste
must
store
it
in
accordance
with
§
761.65.

(
d)
Performance
specifications
for
disposal
technologies
 
(
1)
Incinerators.
Any
person
using
an
incinerator
to
dispose
of
PCBs
must
use
an
incinerator
that
meets
the
criteria
set
forth
in
§
761.70.

(
2)
High
efficiency
boilers.
Any
person
using
a
high
efficiency
boiler
to
dispose
of
PCBs
must
use
a
boiler
that
meets
the
criteria
set
forth
in
§
761.71.

(
3)
Scrap
metal
recovery
ovens
and
smelters.
Any
person
using
scrap
metal
recovery
ovens
and
smelters
to
dispose
of
PCBs
must
use
a
device
that
meets
the
criteria
set
forth
in
§
761.72.

(
4)
Chemical
waste
landfills.
Any
person
using
a
chemical
waste
landfill
to
dispose
of
PCBs
must
use
a
chemical
waste
landfill
that
meets
the
criteria
set
forth
in
§
761.75.

(
e)
TSCA
PCB
Coordinated
Approval.
Any
person
seeking
a
TSCA
PCB
Coordinated
Approval
must
follow
the
procedures
set
forth
in
§
761.77.

[
63
FR
35444,
June
29,
1998,
as
amended
at
64
FR
33760,
June
24,
1999]
§
761.60
Disposal
requirements.

(
a)
PCB
liquids.
PCB
liquids
at
concentrations

50
ppm
must
be
disposed
of
in
an
incinerator
which
complies
with
§
761.70,
except
that
PCB
liquids
at
concentrations

50
ppm
and
<
500
ppm
may
be
disposed
of
as
follows:

(
1)
For
mineral
oil
dielectric
fluid,
in
a
high
efficiency
boiler
according
to
§
761.71(
a).

(
2)
For
liquids
other
than
mineral
oil
dielectric
fluid,
in
a
high
efficiency
boiler
according
to
§
761.71(
b).

(
3)
For
liquids
from
incidental
sources,
such
as
precipitation,
condensation,
leachate
or
load
separation
and
are
associated
with
PCB
Articles
or
non­
liquid
PCB
wastes,
in
a
chemical
waste
landfill
which
complies
with
§
761.75
if:

(
i)
[
Reserved]

(
ii)
Information
is
provided
to
or
obtained
by
the
owner
or
operator
of
the
chemical
waste
landfill
that
shows
that
the
liquids
do
not
exceed
500
ppm
PCB
and
are
not
an
ignitable
waste
as
described
in
§
761.75(
b)(
8)(
iii).

(
b)
PCB
Articles.
This
paragraph
does
not
authorize
disposal
that
is
otherwise
prohibited
in
§
761.20
or
elsewhere
in
this
part.

(
1)
Transformers.
(
i)
PCB
Transformers
shall
be
disposed
of
in
accordance
with
either
of
the
following:

(
A)
In
an
incinerator
that
complies
with
§
761.70;
or
(
B)
In
a
chemical
waste
landfill
approved
under
§
761.75;
provided
that
all
free­
flowing
liquid
is
removed
from
the
transformer,
the
transformer
is
filled
with
a
solvent,
the
transformer
is
allowed
to
stand
for
at
least
18
continuous
hours,
and
then
the
solvent
is
thoroughly
removed.
Any
person
disposing
of
PCB
liquids
that
are
removed
from
the
transformer
(
including
the
dielectric
fluid
and
all
solvents
used
as
a
flush),
shall
do
so
in
an
incinerator
that
complies
with
§
761.70
of
this
part,
or
shall
decontaminate
them
in
accordance
with
§
761.79.
Solvents
may
include
kerosene,
xylene,
toluene,
and
other
solvents
in
which
PCBs
are
readily
soluble.
Any
person
disposing
of
these
PCB
liquids
must
ensure
that
the
solvent
flushing
procedure
is
conducted
in
accordance
with
applicable
safety
and
health
standards
as
required
by
Federal
or
State
regulations.

(
ii)
[
Reserved]

(
2)
PCB
Capacitors.
(
i)
The
disposal
of
any
capacitor
shall
comply
with
all
requirements
of
this
subpart
unless
it
is
known
from
label
or
nameplate
information,
manufacturer's
literature
(
including
documented
communications
with
the
manufacturer),
or
chemical
analysis
that
the
capacitor
does
not
contain
PCBs.
(
ii)
Any
person
may
dispose
of
PCB
Small
Capacitors
as
municipal
solid
waste,
unless
that
person
is
subject
to
the
requirements
of
paragraph
(
b)(
2)(
iv)
of
this
section.

(
iii)
Any
PCB
Large
High
or
Low
Voltage
Capacitor
which
contains
500
ppm
or
greater
PCBs,
owned
by
any
person,
shall
be
disposed
of
in
accordance
with
either
of
the
following:

(
A)
Disposal
in
an
incinerator
that
complies
with
§
761.70;
or
(
B)
Until
March
1,
1981,
disposal
in
a
chemical
waste
landfill
that
complies
with
§
761.75.

(
iv)
Any
person
who
manufactures
or
at
any
time
manufactured
PCB
Capacitors
or
PCB
Equipment,
and
acquired
the
PCB
Capacitor
in
the
course
of
such
manufacturing,
shall
place
the
PCB
Small
Capacitors
in
a
container
meeting
the
DOT
packaging
requirements
at
49
CFR
parts
171
through
180
and
dispose
of
them
in
accordance
with
either
of
the
following:

(
A)
Disposal
in
an
incinerator
which
complies
with
§
761.70;
or
(
B)
Until
March
1,
1981,
disposal
in
a
chemical
waste
landfill
which
complies
with
§
761.75.

(
v)
Notwithstanding
the
restrictions
imposed
by
paragraph
(
b)(
2)(
iii)(
B)
or
(
b)(
2)(
iv)(
B)
of
this
section,
PCB
capacitors
may
be
disposed
of
in
PCB
chemical
waste
landfills
that
comply
with
§
761.75
subsequent
to
March
1,
1981,
if
the
Assistant
Administrator
for
Prevention,
Pesticides
and
Toxic
Substances
publishes
a
notice
in
the
Federal
Register
declaring
that
those
landfills
are
available
for
such
disposal
and
explaining
the
reasons
for
the
extension
or
reopening.
An
extension
or
reopening
for
disposal
of
PCB
capacitors
that
is
granted
under
this
subsection
shall
be
subject
to
such
terms
and
conditions
as
the
Assistant
Administrator
may
prescribe
and
shall
be
in
effect
for
such
period
as
the
Assistant
Administrator
may
prescribe.
The
Assistant
Administrator
may
permit
disposal
of
PCB
capacitors
in
EPA
approved
chemical
waste
landfills
after
March
1,
1981,
if
in
his
opinion,

(
A)
Adequate
incineration
capability
for
PCB
capacitors
is
not
available,
or
(
B)
The
incineration
of
PCB
capacitors
will
significantly
interfere
with
the
incineration
of
liquid
PCBs,
or
(
C)
There
is
other
good
cause
shown.

As
part
of
this
evaluation,
the
Assistant
Administrator
will
consider
the
impact
of
his
action
on
the
incentives
to
construct
or
expand
PCB
incinerators.

(
vi)
Any
person
disposing
of
large
PCB
capacitors
or
small
PCB
capacitors
described
in
paragraph
(
b)(
2)(
iv)
of
this
section
in
a
chemical
waste
landfill
approved
under
§
761.75,
shall
first
place
them
in
a
container
meeting
the
DOT
packaging
requirements
at
49
CFR
parts
171
through
180.
In
all
cases,
the
person
must
fill
the
interstitial
space
in
the
container
with
sufficient
absorbent
material
(
such
as
soil)
to
absorb
any
liquid
PCBs
remaining
in
the
capacitors.
(
3)
PCB
hydraulic
machines.
(
i)
Any
person
disposing
of
PCB
hydraulic
machines
containing
PCBs
at
concentrations
of

50
ppm,
such
as
die
casting
machines,
shall
do
so
by
one
of
the
following
methods:

(
A)
In
accordance
with
§
761.79.

(
B)
In
a
facility
which
is
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
solid
waste
subject
to
part
258
of
this
chapter
or
non­
municipal
non­
hazardous
waste
subject
to
§
§
257.5
through
257.30
of
this
chapter,
as
applicable
(
excluding
thermal
treatment
units).

(
C)
In
a
scrap
metal
recovery
oven
or
smelter
operating
in
compliance
with
§
761.72.

(
D)
In
a
disposal
facility
approved
under
this
part.

(
ii)
All
free­
flowing
liquid
must
be
removed
from
each
machine
and
the
liquid
must
be
disposed
of
in
accordance
with
the
provisions
of
paragraph
(
a)
of
this
section.
If
the
PCB
liquid
contains

1,000
ppm
PCB,
then
the
hydraulic
machine
must
be
decontaminated
in
accordance
with
§
761.79
or
flushed
prior
to
disposal
with
a
solvent
listed
at
paragraph
(
b)(
1)(
i)(
B)
of
this
section
which
contains
<
50
ppm
PCB.
The
solvent
must
be
disposed
of
in
accordance
with
paragraph
(
a)
of
this
section
or
§
761.79.

(
4)
PCB­
Contaminated
Electrical
Equipment.
Any
person
disposing
of
PCB­
Contaminated
Electrical
Equipment,
except
capacitors,
shall
do
so
in
accordance
with
paragraph
(
b)(
6)(
ii)(
A)
of
this
section.
Any
person
disposing
of
Large
Capacitors
that
contain

50
ppm
but
<
500
ppm
PCBs
shall
do
so
in
a
disposal
facility
approved
under
this
part.

(
5)
Natural
gas
pipeline
systems
containing
PCBs.
The
owner
or
operator
of
natural
gas
pipeline
systems
containing

50
ppm
PCBs,
when
no
longer
in
use,
shall
dispose
of
the
system
either
by
abandonment
in
place
of
the
pipe
under
paragraph
(
b)(
5)(
i)
of
this
section
or
removal
with
subsequent
action
under
paragraph
(
b)(
5)(
ii)
of
this
section.
Any
person
determining
the
PCB
concentrations
in
natural
gas
pipeline
systems
shall
do
so
in
accordance
with
paragraph
(
b)(
5)(
iii)
of
this
section.

(
i)
Abandonment.
Natural
gas
pipe
containing

50
ppm
PCBs
may
be
abandoned
in
place
under
one
or
more
of
the
following
provisions:

(
A)
Natural
gas
pipe
having
a
nominal
inside
diameter
of

4
inches,
and
containing
PCBs
at
any
concentration
but
no
free­
flowing
liquids,
may
be
abandoned
in
the
place
it
was
used
to
transport
natural
gas
if
each
end
is
sealed
closed
and
the
pipe
is
either:

(
1)
Included
in
a
public
service
notification
program,
such
as
a
"
one­
call"
system
under
49
CFR
192.614(
a)
and
(
b).

(
2)
Filled
to
50
percent
or
more
of
the
volume
of
the
pipe
with
grout
(
such
as
a
hardening
slurry
consisting
of
cement,
bentonite,
or
clay)
or
high
density
polyurethane
foam.
(
B)
PCB­
Contaminated
natural
gas
pipe
of
any
diameter,
where
the
PCB
concentration
was
determined
after
the
last
transmission
of
gas
through
the
pipe
or
at
the
time
of
abandonment,
that
contains
no
free­
flowing
liquids
may
be
abandoned
in
the
place
it
was
used
to
transport
natural
gas
if
each
end
is
sealed
closed.

(
C)
Natural
gas
pipe
of
any
diameter
which
contains
PCBs
at
any
concentration
but
no
free­
flowing
liquids,
may
be
abandoned
in
the
place
it
was
used
to
transport
natural
gas,
if
each
end
is
sealed
closed,
and
either:

(
1)
The
interior
surface
is
decontaminated
with
one
or
more
washes
of
a
solvent
in
accordance
with
the
use
and
disposal
requirements
of
§
761.79(
d).
This
decontamination
process
must
result
in
a
recovery
of
95
percent
of
the
solvent
volume
introduced
into
the
system,
and
the
PCB
concentration
of
the
recovered
wash
must
be
<
50
ppm
(
see
§
761.79(
a)(
1)
for
requirements
on
use
and
disposal
of
decontaminating
fluids).

(
2)
The
pipe
is
filled
to
50
percent
or
more
of
the
volume
of
the
pipe
with
grout
(
such
as
a
hardening
slurry­
like
cement,
bentonite,
or
clay)
or
high
density
polyurethane
foam
(
except
that
only
cement
shall
be
used
as
grout
under
rivers
or
streams)
and
each
end
is
sealed
closed.

(
D)
Natural
gas
pipe
of
any
diameter
which
contains
PCBs
at
any
concentration
may
be
abandoned
in
place
after
decontamination
in
accordance
with
§
761.79(
c)(
3),
(
c)(
4)
or
(
h)
or
a
PCB
disposal
approval
issued
under
§
761.60(
e)
or
§
761.61(
c).

(
ii)
Removal
with
subsequent
action.
Natural
gas
pipeline
systems
may
be
disposed
of
under
one
of
the
following
provisions:

(
A)
The
following
classifications
of
natural
gas
pipe
containing
no
free­
flowing
liquids
may
be
disposed
of
in
a
facility
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
solid
waste
subject
to
part
258
of
this
chapter
or
non­
municipal
non­
hazardous
waste
subject
to
§
§
257.5
through
257.30
of
this
chapter,
as
applicable
(
excluding
thermal
treatment
units);
a
scrap
metal
recovery
oven
or
smelter
operating
in
compliance
with
the
requirements
of
§
761.72;
or
a
disposal
facility
approved
under
this
part:

(
1)
PCB­
Contaminated
natural
gas
pipe
of
any
diameter
where
the
PCB
concentration
was
determined
after
the
last
transmission
of
gas
through
the
pipe
or
during
removal
from
the
location
it
was
used
to
transport
natural
gas.

(
2)
Natural
gas
pipe
containing
PCBs
at
any
concentration
and
having
a
nominal
inside
diameter

4
inches.

(
B)
Any
component
of
a
natural
gas
pipeline
system
may
be
disposed
of
under
one
of
the
following
provisions:

(
1)
In
an
incinerator
operating
in
compliance
with
§
761.70.
(
2)
In
a
chemical
waste
landfill
operating
in
compliance
with
§
761.75,
provided
that
all
free­
flowing
liquid
PCBs
have
been
thoroughly
drained.

(
3)
As
a
PCB
remediation
waste
in
compliance
with
§
761.61.

(
4)
In
accordance
with
§
761.79.

(
iii)
Characterization
of
natural
gas
pipeline
systems
by
PCB
concentration
in
condensate.
(
A)
Any
person
disposing
of
a
natural
gas
pipeline
system
under
paragraphs
(
b)(
5)(
i)(
B)
or
(
b)(
5)(
ii)(
A)(
1)
of
this
section
must
characterize
it
for
PCB
contamination
by
analyzing
organic
liquids
collected
at
existing
condensate
collection
points
in
the
natural
gas
pipeline
system.
The
level
of
PCB
contamination
found
at
a
collection
point
is
assumed
to
extend
to
the
next
collection
point
downstream.
If
no
organic
liquids
are
present,
drain
free­
flowing
liquids
and
collect
standard
wipe
samples
according
to
subpart
M
of
this
part.
Collect
condensate
within
72
hours
of
the
final
transmission
of
natural
gas
through
the
part
of
the
system
to
be
abandoned
or
removed.
Collect
wipe
samples
after
the
last
transmission
of
gas
through
the
pipe
or
during
removal
from
the
location
it
was
used
to
transport
natural
gas.

(
B)
PCB
concentration
of
the
organic
phase
of
multi­
phasic
liquids
shall
be
determined
in
accordance
with
§
761.1(
b)(
4).

(
iv)
Disposal
of
pipeline
liquids.
(
A)
Any
person
disposing
of
liquids
containing
PCBs

50
ppm
removed,
spilled,
or
otherwise
released
from
a
natural
gas
pipeline
system
must
do
so
in
accordance
with
§
761.61(
a)(
5)(
iv)
based
on
the
PCB
concentration
at
the
time
of
removal
from
the
system.
Any
person
disposing
of
material
contaminated
by
spills
or
other
releases
of
PCBs

50
ppm
from
a
natural
gas
pipeline
system,
must
do
so
in
accordance
with
§
761.61
or
§
761.79,
as
applicable.

(
B)
Any
person
who
markets
or
burns
for
energy
recovery
liquid
containing
PCBs
at
concentrations
<
50
ppm
PCBs
at
the
time
of
removal
from
a
natural
gas
pipeline
system
must
do
so
in
accordance
with
the
provisions
pertaining
to
used
oil
at
§
761.20(
e).
No
other
use
of
liquid
containing
PCBs
at
concentrations
above
the
quantifiable
level/
level
of
detection
removed
from
a
natural
gas
pipeline
system
is
authorized.

(
6)
Other
PCB
Articles.
(
i)
PCB
articles
with
concentrations
at
500
ppm
or
greater
must
be
disposed
of:

(
A)
In
an
incinerator
that
complies
with
§
761.70;
or
(
B)
In
a
chemical
waste
landfill
that
complies
with
§
761.75,
provided
that
all
free­
flowing
liquid
PCBs
have
been
thoroughly
drained
from
any
articles
before
the
articles
are
placed
in
the
chemical
waste
landfill
and
that
the
drained
liquids
are
disposed
of
in
an
incinerator
that
complies
with
§
761.70.

(
ii)(
A)
Except
as
specifically
provided
in
paragraphs
(
b)(
1)
through
(
b)(
5)
of
this
section,
any
person
disposing
of
a
PCB­
Contaminated
Article
must
do
so
by
removing
all
free­
flowing
liquid
from
the
article,
disposing
of
the
liquid
in
accordance
with
paragraph
(
a)
of
this
section,
and
disposing
of
the
PCB­
Contaminated
Article
with
no
free­
flowing
liquid
by
one
of
the
following
methods:

(
1)
In
accordance
with
§
761.79.

(
2)
In
a
facility
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
solid
waste
subject
to
part
258
of
this
chapter
or
non­
municipal
non­
hazardous
waste
subject
to
§
§
257.5
through
257.30
of
this
chapter,
as
applicable
(
excluding
thermal
treatment
units).

(
3)
In
a
scrap
metal
recovery
oven
or
smelter
operating
in
compliance
with
§
761.72.

(
4)
In
a
disposal
facility
approved
under
this
part.

(
B)
Storage
for
disposal
of
PCB­
Contaminated
Articles
from
which
all
free­
flowing
liquids
have
been
removed
is
not
regulated
under
subpart
D
of
this
part.

(
C)
Requirements
in
subparts
J
and
K
of
this
part
do
not
apply
to
PCB­
Contaminated
Articles
from
which
all
free­
flowing
liquids
have
been
removed.

(
iii)
Fluorescent
light
ballasts
containing
PCBs
in
their
potting
material
must
be
disposed
of
in
a
TSCA­
approved
disposal
facility,
as
bulk
product
waste
under
§
761.62,
as
household
waste
under
§
761.63
(
where
applicable),
or
in
accordance
with
the
decontamination
provisions
of
§
761.79.

(
7)
Storage
of
PCB
Articles.
Except
for
a
PCB
Article
described
in
paragraph
(
b)(
2)(
ii)
of
this
section
and
hydraulic
machines
that
comply
with
the
municipal
solid
waste
disposal
provisions
described
in
paragraph
(
b)(
3)
of
this
section,
any
PCB
Article,
with
PCB
concentrations
at
50
ppm
or
greater,
shall
be
stored
in
accordance
with
§
761.65
prior
to
disposal.

(
8)
Persons
disposing
of
PCB
Articles
must
wear
or
use
protective
clothing
or
equipment
to
protect
against
dermal
contact
with
or
inhalation
of
PCBs
or
materials
containing
PCBs.

(
c)
PCB
Containers.
(
1)
Unless
decontaminated
in
compliance
with
§
761.79
or
as
provided
in
paragraph
(
c)(
2)
of
this
section,
a
PCB
container
with
PCB
concentrations
at
500
ppm
or
greater
shall
be
disposed
of:

(
i)
In
an
incinerator
which
complies
with
§
761.70,
or
(
ii)
In
a
chemical
waste
landfill
that
complies
with
§
761.75;
provided
that
if
there
are
PCBs
in
a
liquid
state,
the
PCB
Container
shall
first
be
drained
and
the
PCB
liquid
disposed
of
in
accordance
with
paragraph
(
a)
of
this
section.

(
2)
Any
PCB
Container
used
to
contain
only
PCBs
at
a
concentration
less
than
500
ppm
shall
be
disposed
of
as
municipal
solid
wastes;
provided
that
if
the
PCBs
are
in
a
liquid
state,
the
PCB
Container
shall
first
be
drained
and
the
PCB
liquid
shall
be
disposed
of
in
accordance
with
paragraph
(
a)
of
this
section.

(
3)
Prior
to
disposal,
a
PCB
container
with
PCB
concentrations
at
50
ppm
or
greater
shall
be
stored
in
a
unit
which
complies
with
§
761.65.

(
d)
[
Reserved]

(
e)
Any
person
who
is
required
to
incinerate
any
PCBs
and
PCB
Items
under
this
subpart
and
who
can
demonstrate
that
an
alternative
method
of
destroying
PCBs
and
PCB
Items
exists
and
that
this
alternative
method
can
achieve
a
level
of
performance
equivalent
to
an
incinerator
approved
under
§
761.70
or
a
high
efficiency
boiler
operating
in
compliance
with
§
761.71,
must
submit
a
written
request
to
either
the
EPA
Regional
Administrator
or
the
Director,
National
Program
Chemicals
Division,
for
a
waiver
from
the
incineration
requirements
of
§
761.70
or
§
761.71.
Requests
for
approval
of
alternate
methods
that
will
be
operated
in
more
than
one
Region
must
be
submitted
to
the
Director,
National
Program
Chemicals
Division
except
for
research
and
development
activities
involving
less
than
500
pounds
of
PCB
material
(
see
paragraph
(
i)(
2)
of
this
section).
Requests
for
approval
of
alternate
methods
that
will
be
operated
in
only
one
Region
must
be
submitted
to
the
appropriate
EPA
Regional
Administrator.
The
applicant
must
show
that
his
or
her
method
of
destroying
PCBs
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
On
the
basis
of
such
information
and
any
available
information,
the
EPA
Regional
Administrator
or
the
Director,
National
Program
Chemicals
Division
may,
in
his
or
her
discretion,
approve
the
use
of
the
alternate
method
if
he
or
she
finds
that
the
alternate
disposal
method
provides
PCB
destruction
equivalent
to
disposal
in
a
§
761.70
incinerator
or
a
§
761.71
high
efficiency
boiler
and
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
Any
approval
must
be
stated
in
writing
and
may
include
such
conditions
and
provisions
as
the
EPA
Regional
Administrator
or
Director,
National
Program
Chemicals
Division
deems
appropriate.
The
person
to
whom
such
waiver
is
issued
must
comply
with
all
limitations
contained
in
such
determination.
No
person
may
use
the
alternate
method
of
destroying
PCBs
or
PCB
Items
prior
to
obtaining
permission
from
the
appropriate
EPA
official.

(
f)(
1)
Each
operator
of
a
chemical
waste
landfill,
incinerator,
or
alternative
to
incineration
approved
under
paragraph
(
e)
of
this
section
shall
give
the
following
written
notices
to
the
state
and
local
governments
within
whose
jurisdiction
the
disposal
facility
is
located:

(
i)
Notice
at
least
thirty
(
30)
days
before
a
facility
is
first
used
for
disposal
of
PCBs
required
by
these
regulations;
and
(
ii)
At
the
request
of
any
state
or
local
government,
annual
notice
of
the
quantities
and
general
description
of
PCBs
disposed
of
during
the
year.
This
annual
notice
shall
be
given
no
more
than
thirty
(
30)
days
after
the
end
of
the
year
covered.

(
iii)
The
Regional
Administrator
may
reduce
the
notice
period
required
by
paragraph
(
f)(
1)(
i)
of
this
section
from
thirty
days
to
a
period
of
no
less
than
five
days
in
order
to
expedite
interim
approval
of
the
chemical
waste
landfill
located
in
Sedgwick
County,
Kansas.
(
2)
[
Reserved]

(
g)
Testing
procedures.
(
1)
Owners
or
users
of
mineral
oil
dielectric
fluid
electrical
equipment
may
use
the
following
procedures
to
determine
the
concentration
of
PCBs
in
the
dielectric
fluid:

(
i)
Dielectric
fluid
removed
from
mineral
oil
dielectric
fluid
electrical
equipment
may
be
collected
in
a
common
container,
provided
that
no
other
chemical
substances
or
mixtures
are
added
to
the
container.
This
common
container
option
does
not
permit
dilution
of
the
collected
oil.
Mineral
oil
that
is
assumed
or
known
to
contain
at
least
50
ppm
PCBs
must
not
be
mixed
with
mineral
oil
that
is
known
or
assumed
to
contain
less
than
50
ppm
PCBs
to
reduce
the
concentration
of
PCBs
in
the
common
container.
If
dielectric
fluid
from
untested,
oil­
filled
circuit
breakers,
reclosers,
or
cable
is
collected
in
a
common
container
with
dielectric
fluid
from
other
oil­
filled
electrical
equipment,
the
entire
contents
of
the
container
must
be
treated
as
PCBs
at
a
concentration
of
at
least
50
ppm,
unless
all
of
the
fluid
from
the
other
oil­
filled
electrical
equipment
has
been
tested
and
shown
to
contain
less
than
50
ppm
PCBs.

(
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
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
subparagraph,
representative
samples
of
mineral
oil
dielectric
fluid
are
either
samples
taken
in
accordance
with
ASTM
D
923
 
86
or
ASTM
D
923
 
89
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.

(
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,
"
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.

(
2)
Owners
or
users
of
waste
oil
may
use
the
following
procedures
to
determine
the
PCB
concentration
of
waste
oil:

(
i)
Waste
oil
from
more
than
one
source
may
be
collected
in
a
common
container,
provided
that
no
other
chemical
substances
or
mixtures,
such
as
non­
waste
oils,
are
added
to
the
container.

(
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
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
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.

(
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
those
indicated
in
paragraph
(
g)(
1)(
iii)
of
this
section.

(
h)
Requirements
for
export
and
import
of
PCBs
and
PCB
Items
for
disposal
are
found
in
Subpart
F
of
this
part.

(
i)
Approval
authority
for
disposal
methods.
(
1)
The
officials
(
the
Director,
National
Programs
Chemical
Division
and
the
Regional
Administrators)
designated
in
§
§
761.60(
e)
and
761.70
(
a)
and
(
b)
to
receive
requests
for
approval
of
PCB
disposal
activities
are
the
primary
approval
authorities
for
these
activities.
Notwithstanding,
the
Director,
National
Programs
Chemical
Division
may,
at
his/
her
discretion,
assign
the
authority
to
review
and
approve
any
aspect
of
a
disposal
system
to
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
or
to
a
Regional
Administrator.

(
2)
Except
for
activity
authorized
under
paragraph
(
j)
of
this
section,
research
and
development
(
R&
D)
for
PCB
disposal
using
a
total
of
<
500
pounds
of
PCB
material
(
regardless
of
PCB
concentration)
will
be
reviewed
and
approved
by
the
EPA
Regional
Administrator
for
the
Region
where
the
R&
D
will
be
conducted,
and
R&
D
for
PCB
disposal
using
500
pounds
or
more
of
PCB
material
(
regardless
of
PCB
concentration)
will
be
reviewed
and
approved
by
the
Director,
National
Program
Chemicals
Division.

(
j)
Self­
implementing
requirements
for
research
and
development
(
R&
D)
for
PCB
disposal.

(
1)
Any
person
may
conduct
R&
D
for
PCB
disposal
without
prior
written
approval
from
EPA
if
they
meet
the
following
conditions:

(
i)
File
a
notification
and
obtain
an
EPA
identification
number
pursuant
to
subpart
K
of
this
part.

(
ii)
Notify
in
writing
the
EPA
Regional
Administrator,
the
State
environmental
protection
agency,
and
local
environmental
protection
agency,
having
jurisdiction
where
the
R&
D
for
PCB
disposal
activity
will
occur
at
least
30
days
prior
to
the
commencement
of
any
R&
D
for
PCB
disposal
activity
conducted
under
this
section.
Each
written
notification
shall
include
the
EPA
identification
number
of
the
site
where
the
R&
D
for
PCB
disposal
activities
will
be
conducted,
the
quantity
of
PCBs
to
be
treated,
the
type
of
R&
D
technology
to
be
used,
the
general
physical
and
chemical
properties
of
material
being
treated,
and
an
estimate
of
the
duration
of
the
PCB
activity.
The
EPA
Regional
Administrator,
the
State
environmental
protection
agency,
and
the
local
environmental
protection
agency
may
waive
notification
in
writing
prior
to
commencement
of
the
research.

(
iii)
The
amount
of
material
containing
PCBs
treated
annually
by
the
facility
during
R&
D
for
PCB
disposal
activities
does
not
exceed
500
gallons
or
70
cubic
feet
of
liquid
or
non­
liquid
PCBs
and
does
not
exceed
a
maximum
concentration
of
10,000
ppm
PCBs.

(
iv)
No
more
than
1
kilogram
total
of
pure
PCBs
per
year
is
disposed
of
in
all
R&
D
for
PCB
disposal
activities
at
a
facility.

(
v)
Each
R&
D
for
PCB
disposal
activity
under
this
section
lasts
no
more
than
1
calendar
year.

(
vi)
Store
all
PCB
wastes
(
treated
and
untreated
PCB
materials,
testing
samples,
spent
laboratory
samples,
residuals,
untreated
samples,
contaminated
media
or
instrumentation,
clothing,
etc.)
in
compliance
with
§
761.65(
b)
and
dispose
of
them
according
to
the
undiluted
PCB
concentration
prior
to
treatment.
However,
PCB
materials
not
treated
in
the
R&
D
for
PCB
disposal
activity
may
be
returned
either
to
the
physical
location
where
the
samples
were
collected
or
a
location
where
other
regulated
PCBs
from
the
physical
location
where
the
samples
were
collected
are
being
stored
for
disposal.

(
vii)
Use
manifests
pursuant
to
subpart
K
of
this
part
for
all
R&
D
PCB
wastes
being
transported
from
the
R&
D
facility
to
an
approved
PCB
storage
or
disposal
facility.
However,
§
§
761.207
through
761.218
do
not
apply
if
the
residuals
or
treated
samples
are
returned
either
to
the
physical
location
where
the
samples
were
collected
or
a
location
where
other
regulated
PCBs
from
the
physical
location
where
the
samples
were
collected
are
being
stored
for
disposal.

(
viii)
Package
and
ship
all
PCB
wastes
pursuant
to
DOT
requirements
under
49
CFR
parts
171
through
180.

(
ix)
Comply
with
the
recordkeeping
requirements
of
§
761.180.

(
2)
Do
not
exceed
material
limitations
set
out
in
paragraphs
(
j)(
1)
(
iii)
and
(
iv)
of
this
section
and
the
time
limitation
set
out
in
paragraph
(
j)(
1)(
v)
of
this
section
without
prior
written
approval
from
EPA.
Requests
for
approval
to
exceed
the
material
limitations
for
PCBs
in
R&
D
for
PCB
disposal
activities
as
specified
in
this
section
must
be
submitted
in
writing
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
facility
conducting
R&
D
for
PCB
disposal
activities
is
located.
Each
request
shall
specify
the
quantity
or
concentration
requested
or
additional
time
needed
for
disposal
and
include
a
justification
for
each
increase.
For
extensions
to
the
duration
of
the
R&
D
for
PCB
disposal
activity,
the
request
shall
also
include
a
report
on
the
accomplishments
and
progress
of
the
previously
authorized
R&
D
for
PCB
disposal
activity
for
which
the
extension
is
sought.
The
EPA
Regional
Administrator
may
grant
a
waiver
in
writing
for
an
increase
in
the
volume
of
PCB
material,
the
maximum
concentration
of
PCBs,
the
total
amount
of
pure
PCBs,
or
the
duration
of
the
R&
D
activity.
Approvals
will
state
all
requirements
applicable
to
the
R&
D
for
PCB
disposal
activity.
(
3)
The
EPA
Regional
Administrator
for
the
Region
in
which
an
R&
D
for
PCB
disposal
activity
is
conducted
may
determine,
at
any
time,
that
an
R&
D
PCB
disposal
approval
is
required
under
paragraphs
(
e)
and
(
i)(
2)
of
this
section
or
§
761.70(
d)
to
ensure
that
any
R&
D
for
PCB
disposal
activity
does
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020
(
15
U.
S.
C.
2605)

[
44
FR
31542,
May
31,
1979]

§
761.61
PCB
remediation
waste.

This
section
provides
cleanup
and
disposal
options
for
PCB
remediation
waste.
Any
person
cleaning
up
and
disposing
of
PCBs
managed
under
this
section
shall
do
so
based
on
the
concentration
at
which
the
PCBs
are
found.
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)
Self­
implementing
on­
site
cleanup
and
disposal
of
PCB
remediation
waste.
EPA
designed
the
self­
implementing
procedure
for
a
general,
moderately­
sized
site
where
there
should
be
low
residual
environmental
impact
from
remedial
activities.
The
procedure
may
be
less
practical
for
larger
or
environmentally
diverse
sites.
For
these
other
sites,
the
self­
implementing
procedure
still
applies,
but
an
EPA
Regional
Administrator
may
authorize
more
practical
procedures
through
paragraph
(
c)
of
this
section.
Any
person
may
conduct
self­
implementing
cleanup
and
disposal
of
PCB
remediation
waste
in
accordance
with
the
following
requirements
without
prior
written
approval
from
EPA.

(
1)
Applicability.
(
i)
The
self­
implementing
procedures
may
not
be
used
to
clean
up:

(
A)
Surface
or
ground
waters.

(
B)
Sediments
in
marine
and
freshwater
ecosystems.

(
C)
Sewers
or
sewage
treatment
systems.

(
D)
Any
private
or
public
drinking
water
sources
or
distribution
systems.

(
E)
Grazing
lands.

(
F)
Vegetable
gardens.

(
ii)
The
self­
implementing
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.

(
2)
Site
characterization.
Any
person
conducting
self­
implementing
cleanup
of
PCB
remediation
waste
must
characterize
the
site
adequately
to
be
able
to
provide
the
information
required
by
paragraph
(
a)(
3)
of
this
section.
Subpart
N
of
this
part
provides
a
method
for
collecting
new
site
characterization
data
or
for
assessing
the
sufficiency
of
existing
site
characterization
data.

(
3)
Notification
and
certification.
(
i)
At
least
30
days
prior
to
the
date
that
the
cleanup
of
a
site
begins,
the
person
in
charge
of
the
cleanup
or
the
owner
of
the
property
where
the
PCB
remediation
waste
is
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
will
be
conducted.
The
notice
shall
include:

(
A)
The
nature
of
the
contamination,
including
kinds
of
materials
contaminated.

(
B)
A
summary
of
the
procedures
used
to
sample
contaminated
and
adjacent
areas
and
a
table
or
cleanup
site
map
showing
PCB
concentrations
measured
in
all
pre­
cleanup
characterization
samples.
The
summary
must
include
sample
collection
and
analysis
dates.
The
EPA
Regional
Administrator
may
require
more
detailed
information
including,
but
not
limited
to,
additional
characterization
sampling
or
all
sample
identification
numbers
from
all
previous
characterization
activities
at
the
cleanup
site.

(
C)
The
location
and
extent
of
the
identified
contaminated
area,
including
topographic
maps
with
sample
collection
sites
cross
referenced
to
the
sample
identification
numbers
in
the
data
summary
from
paragraph
(
a)(
3)(
i)(
B)
of
this
section.

(
D)
A
cleanup
plan
for
the
site,
including
schedule,
disposal
technology,
and
approach.
This
plan
should
contain
options
and
contingencies
to
be
used
if
unanticipated
higher
concentrations
or
wider
distributions
of
PCB
remediation
waste
are
found
or
other
obstacles
force
changes
in
the
cleanup
approach.

(
E)
A
written
certification,
signed
by
the
owner
of
the
property
where
the
cleanup
site
is
located
and
the
party
conducting
the
cleanup,
that
all
sampling
plans,
sample
collection
procedures,
sample
preparation
procedures,
extraction
procedures,
and
instrumental/
chemical
analysis
procedures
used
to
assess
or
characterize
the
PCB
contamination
at
the
cleanup
site,
are
on
file
at
the
location
designated
in
the
certificate,
and
are
available
for
EPA
inspection.
Persons
using
alternate
methods
for
chemical
extraction
and
chemical
analysis
for
site
characterization
must
include
in
the
certificate
a
statement
that
such
a
method
will
be
used
and
that
a
comparison
study
which
meets
or
exceeds
the
requirements
of
subpart
Q
of
this
part,
and
for
which
records
are
on
file,
has
been
completed
prior
to
verification
sampling.

(
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
assume
that
it
is
complete
and
acceptable
and
proceed
with
the
cleanup
according
to
the
information
the
person
provided
to
the
EPA
Regional
Administrator.
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
his
or
her
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
deem
it
complete
and
acceptable
and
proceed
with
the
cleanup
according
to
the
information
in
the
change
notice
provided
to
the
EPA
Regional
Administrator.

(
iii)
Any
person
conducting
a
cleanup
activity
may
obtain
a
waiver
of
the
30­
day
notification
requirement,
if
they
receive
a
separate
waiver,
in
writing,
from
each
of
the
agencies
they
are
required
to
notify
under
this
section.
The
person
must
retain
the
original
written
waiver
as
required
in
paragraph
(
a)(
9)
of
this
section.

(
4)
Cleanup
levels.
For
purposes
of
cleaning,
decontaminating,
or
removing
PCB
remediation
waste
under
this
section,
there
are
four
general
waste
categories:
bulk
PCB
remediation
waste,
non­
porous
surfaces,
porous
surfaces,
and
liquids.
Cleanup
levels
are
based
on
the
kind
of
material
and
the
potential
exposure
to
PCBs
left
after
cleanup
is
completed.

(
i)
Bulk
PCB
remediation
waste.
Bulk
PCB
remediation
waste
includes,
but
is
not
limited
to,
the
following
non­
liquid
PCB
remediation
waste:
soil,
sediments,
dredged
materials,
muds,
PCB
sewage
sludge,
and
industrial
sludge.

(
A)
High
occupancy
areas.
The
cleanup
level
for
bulk
PCB
remediation
waste
in
high
occupancy
areas
is

1
ppm
without
further
conditions.
High
occupancy
areas
where
bulk
PCB
remediation
waste
remains
at
concentrations
>
1
ppm
and

10
ppm
shall
be
covered
with
a
cap
meeting
the
requirements
of
paragraphs
(
a)(
7)
and
(
a)(
8)
of
this
section.

(
B)
Low
occupancy
areas.
(
1)
The
cleanup
level
for
bulk
PCB
remediation
waste
in
low
occupancy
areas
is

25
ppm
unless
otherwise
specified
in
this
paragraph.

(
2)
Bulk
PCB
remediation
wastes
may
remain
at
a
cleanup
site
at
concentrations
>
25
ppm
and

50
ppm
if
the
site
is
secured
by
a
fence
and
marked
with
a
sign
including
the
ML
mark.

(
3)
Bulk
PCB
remediation
wastes
may
remain
at
a
cleanup
site
at
concentrations
>
25
ppm
and

100
ppm
if
the
site
is
covered
with
a
cap
meeting
the
requirements
of
paragraphs
(
a)(
7)
and
(
a)(
8)
of
this
section.

(
ii)
Non­
porous
surfaces.
In
high
occupancy
areas,
the
surface
PCB
cleanup
standard
is

10

g/
100
cm2
of
surface
area.
In
low
occupancy
areas,
the
surface
cleanup
standard
is
<
100

g/
100
cm2
of
surface
area.
Select
sampling
locations
in
accordance
with
subpart
P
of
this
part
or
a
sampling
plan
approved
under
paragraph
(
c)
of
this
section.

(
iii)
Porous
surfaces.
In
both
high
and
low
occupancy
areas,
any
person
disposing
of
porous
surfaces
must
do
so
based
on
the
levels
in
paragraph
(
a)(
4)(
i)
of
this
section.
Porous
surfaces
may
be
cleaned
up
for
use
in
accordance
with
§
761.79(
b)(
4)
or
§
761.30(
p).

(
iv)
Liquids.
In
both
high
and
low
occupancy
areas,
cleanup
levels
are
the
concentrations
specified
in
§
761.79(
b)(
1)
and
(
b)(
2).

(
v)
Change
in
the
land
use
for
a
cleanup
site.
Where
there
is
an
actual
or
proposed
change
in
use
of
an
area
cleaned
up
to
the
levels
of
a
low
occupancy
area,
and
the
exposure
of
people
or
animal
life
in
or
at
that
area
could
reasonably
be
expected
to
increase,
resulting
in
a
change
in
status
from
a
low
occupancy
area
to
a
high
occupancy
area,
the
owner
of
the
area
shall
clean
up
the
area
in
accordance
with
the
high
occupancy
area
cleanup
levels
in
paragraphs
(
a)(
4)(
i)
through
(
a)(
4)(
iv)
of
this
section.

(
vi)
The
EPA
Regional
Administrator,
as
part
of
his
or
her
response
to
a
notification
submitted
in
accordance
with
§
761.61(
a)(
3)
of
this
part,
may
require
cleanup
of
the
site,
or
portions
of
it,
to
more
stringent
cleanup
levels
than
are
otherwise
required
in
this
section,
based
on
the
proximity
to
areas
such
as
residential
dwellings,
hospitals,
schools,
nursing
homes,
playgrounds,
parks,
day
care
centers,
endangered
species
habitats,
estuaries,
wetlands,
national
parks,
national
wildlife
refuges,
commercial
fisheries,
and
sport
fisheries.

(
5)
Site
cleanup.
In
addition
to
the
options
set
out
in
this
paragraph,
PCB
disposal
technologies
approved
under
§
§
761.60
and
761.70
are
acceptable
for
on­
site
self­
implementing
PCB
remediation
waste
disposal
within
the
confines
of
the
operating
conditions
of
the
respective
approvals.

(
i)
Bulk
PCB
remediation
waste.
Any
person
cleaning
up
bulk
PCB
remediation
waste
shall
do
so
to
the
levels
in
paragraph
(
a)(
4)(
i)
of
this
section.

(
A)
Any
person
cleaning
up
bulk
PCB
remediation
waste
on­
site
using
a
soil
washing
process
may
do
so
without
EPA
approval,
subject
to
all
of
the
following:

(
1)
A
non­
chlorinated
solvent
is
used.

(
2)
The
process
occurs
at
ambient
temperature.

(
3)
The
process
is
not
exothermic.

(
4)
The
process
uses
no
external
heat.

(
5)
The
process
has
secondary
containment
to
prevent
any
solvent
from
being
released
to
the
underlying
or
surrounding
soils
or
surface
waters.

(
6)
Solvent
disposal,
recovery,
and/
or
reuse
is
in
accordance
with
relevant
provisions
of
approvals
issued
according
to
paragraphs
(
b)(
1)
or
(
c)
of
this
section
or
applicable
paragraphs
of
§
761.79.

(
B)
Bulk
PCB
remediation
waste
may
be
sent
off­
site
for
decontamination
or
disposal
in
accordance
with
this
paragraph,
provided
the
waste
is
either
dewatered
on­
site
or
transported
off­
site
in
containers
meeting
the
requirements
of
the
DOT
Hazardous
Materials
Regulations
(
HMR)
at
49
CFR
parts
171
through
180.

(
1)
Removed
water
shall
be
disposed
of
according
to
paragraph
(
b)(
1)
of
this
section.

(
2)
Any
person
disposing
off­
site
of
dewatered
bulk
PCB
remediation
waste
shall
do
so
as
follows:

(
i)
Unless
sampled
and
analyzed
for
disposal
according
to
the
procedures
set
out
in
§
§
761.283,
761.286,
and
761.292,
the
bulk
PCB
remediation
waste
shall
be
assumed
to
contain

50
ppm
PCBs.

(
ii)
Bulk
PCB
remediation
wastes
with
a
PCB
concentration
of
<
50
ppm
shall
be
disposed
of
in
accordance
with
paragraph
(
a)(
5)(
v)(
A)
of
this
section.

(
iii)
Bulk
PCB
remediation
wastes
with
a
PCB
concentration

50
ppm
shall
be
disposed
of
in
a
hazardous
waste
landfill
permitted
by
EPA
under
section
3004
of
RCRA,
or
by
a
State
authorized
under
section
3006
of
RCRA,
or
a
PCB
disposal
facility
approved
under
this
part.

(
iv)
The
generator
must
provide
written
notice,
including
the
quantity
to
be
shipped
and
highest
concentration
of
PCBs
(
using
extraction
EPA
Method
3500B/
3540C
or
Method
3500B/
3550B
followed
by
chemical
analysis
using
EPA
Method
8082
in
SW­
846
or
methods
validated
under
subpart
Q
of
this
part)
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.

(
3)
Any
person
may
decontaminate
bulk
PCB
remediation
waste
in
accordance
with
§
761.79
and
return
the
waste
to
the
cleanup
site
for
disposal
as
long
as
the
cleanup
standards
of
paragraph
(
a)(
4)
of
this
section
are
met.

(
ii)
Non­
porous
surfaces.
PCB
remediation
waste
non­
porous
surfaces
shall
be
cleaned
on­
site
or
off­
site
for
disposal
on­
site,
disposal
off­
site,
or
use,
as
follows:

(
A)
For
on­
site
disposal,
non­
porous
surfaces
shall
be
cleaned
on­
site
or
off­
site
to
the
levels
in
paragraph
(
a)(
4)(
ii)
of
this
section
using:

(
1)
Procedures
approved
under
§
761.79.

(
2)
Technologies
approved
under
§
761.60(
e).

(
3)
Procedures
or
technologies
approved
under
paragraph
(
c)
of
this
section.

(
B)
For
off­
site
disposal,
non­
porous
surfaces:
(
1)
Having
surface
concentrations
<
100

g/
100
cm2
shall
be
disposed
of
in
accordance
with
paragraph
(
a)(
5)(
i)(
B)(
2)(
ii)
of
this
section.
Metal
surfaces
may
be
thermally
decontaminated
in
accordance
with
§
761.79(
c)(
6)(
i).

(
2)
Having
surface
concentrations

100

g/
100
cm2
shall
be
disposed
of
in
accordance
with
paragraph
(
a)(
5)(
i)(
B)(
2)(
iii)
of
this
section.
Metal
surfaces
may
be
thermally
decontaminated
in
accordance
with
§
761.79(
c)(
6)(
ii).

(
C)
For
use,
non­
porous
surfaces
shall
be
decontaminated
on­
site
or
off­
site
to
the
standards
specified
in
§
761.79(
b)(
3)
or
in
accordance
with
§
761.79(
c).

(
iii)
Porous
surfaces.
Porous
surfaces
shall
be
disposed
on­
site
or
off­
site
as
bulk
PCB
remediation
waste
according
to
paragraph
(
a)(
5)(
i)
of
this
section
or
decontaminated
for
use
according
to
§
761.79(
b)(
4),
as
applicable.

(
iv)
Liquids.
Any
person
disposing
of
liquid
PCB
remediation
waste
shall
either:

(
A)
Decontaminate
the
waste
to
the
levels
specified
in
§
761.79(
b)(
1)
or
(
b)(
2).

(
B)
Dispose
of
the
waste
in
accordance
with
paragraph
(
b)
of
this
section
or
an
approval
issued
under
paragraph
(
c)
of
this
section.

(
v)
Cleanup
wastes.
Any
person
generating
the
following
wastes
during
and
from
the
cleanup
of
PCB
remediation
waste
shall
dispose
of
or
reuse
them
using
one
of
the
following
methods:

(
A)
Non­
liquid
cleaning
materials
and
personal
protective
equipment
waste
at
any
concentration,
including
non­
porous
surfaces
and
other
non­
liquid
materials
such
as
rags,
gloves,
booties,
other
disposable
personal
protective
equipment,
and
similar
materials
resulting
from
cleanup
activities
shall
be
either
decontaminated
in
accordance
with
§
761.79(
b)
or
(
c),
or
disposed
of
in
one
of
the
following
facilities,
without
regard
to
the
requirements
of
subparts
J
and
K
of
this
part:

(
1)
A
facility
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
solid
waste
subject
to
part
258
of
this
chapter.

(
2)
A
facility
permitted,
licensed,
or
registered
by
a
State
to
manage
non­
municipal
non­
hazardous
waste
subject
to
§
§
257.5
through
257.30
of
this
chapter,
as
applicable.

(
3)
A
hazardous
waste
landfill
permitted
by
EPA
under
section
3004
of
RCRA,
or
by
a
State
authorized
under
section
3006
of
RCRA.

(
4)
A
PCB
disposal
facility
approved
under
this
part.

(
B)
Cleaning
solvents,
abrasives,
and
equipment
may
be
reused
after
decontamination
in
accordance
with
§
761.79.
(
6)
Cleanup
verification
 
(
i)
Sampling
and
analysis.
Any
person
collecting
and
analyzing
samples
to
verify
the
cleanup
and
on­
site
disposal
of
bulk
PCB
remediation
wastes
and
porous
surfaces
must
do
so
in
accordance
with
subpart
O
of
this
part.
Any
person
collecting
and
analyzing
samples
from
non­
porous
surfaces
must
do
so
in
accordance
with
subpart
P
of
this
part.
Any
person
collecting
and
analyzing
samples
from
liquids
must
do
so
in
accordance
with
§
761.269.
Any
person
conducting
interim
sampling
during
PCB
remediation
waste
cleanup
to
determine
when
to
sample
to
verify
that
cleanup
is
complete,
may
use
PCB
field
screening
tests.

(
ii)
Verification.
(
A)
Where
sample
analysis
results
in
a
measurement
of
PCBs
less
than
or
equal
to
the
levels
specified
in
paragraph
(
a)(
4)
of
this
section,
self­
implementing
cleanup
is
complete.

(
B)
Where
sample
analysis
results
in
a
measurement
of
PCBs
greater
than
the
levels
specified
in
paragraph
(
a)(
4)
of
this
section,
self­
implementing
cleanup
of
the
sampled
PCB
remediation
waste
is
not
complete.
The
owner
or
operator
of
the
site
must
either
dispose
of
the
sampled
PCB
remediation
waste,
or
reclean
the
waste
represented
by
the
sample
and
reinitiate
sampling
and
analysis
in
accordance
with
paragraph
(
a)(
6)(
i)
of
this
section.

(
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
§
264.310(
a)
of
this
chapter,
and
ensure
that
it
complies
with
the
permeability,
sieve,
liquid
limit,
and
plasticity
index
parameters
in
§
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
per
AroclorTM
(
or
equivalent)
or
per
congener.
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
cap,
or
the
procedures
and
requirements
for
a
low
occupancy
area,
is
used,
the
owner
of
the
site
must
meet
the
following
conditions:

(
i)
Within
60
days
of
completion
of
a
cleanup
activity
under
this
section,
the
owner
of
the
property
shall:

(
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
has
been
used
for
PCB
remediation
waste
disposal
and
is
restricted
to
use
as
a
low
occupancy
area
as
defined
in
§
761.3.
(
2)
Of
the
existence
of
the
fence
or
cap
and
the
requirement
to
maintain
the
fence
or
cap.

(
3)
The
applicable
cleanup
levels
left
at
the
site,
inside
the
fence,
and/
or
under
the
cap.

(
B)
Submit
a
certification,
signed
by
the
owner,
that
he/
she
has
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
or
cap
after
conducting
additional
cleanup
activities
and
achieving
cleanup
levels,
specified
in
paragraph
(
a)(
4)
of
this
section,
which
do
not
require
a
cap
or
fence.
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
or
cap.

(
9)
Recordkeeping.
For
paragraphs
(
a)(
3),
(
a)(
4),
and
(
a)(
5)
of
this
section,
recordkeeping
is
required
in
accordance
with
§
761.125(
c)(
5).

(
b)
Performance­
based
disposal.
(
1)
Any
person
disposing
of
liquid
PCB
remediation
waste
shall
do
so
according
to
§
761.60(
a)
or
(
e),
or
decontaminate
it
in
accordance
with
§
761.79.

(
2)
Any
person
disposing
of
non­
liquid
PCB
remediation
waste
shall
do
so
by
one
of
the
following
methods:

(
i)
Dispose
of
it
in
a
high
temperature
incinerator
approved
under
§
761.70(
b),
an
alternate
disposal
method
approved
under
§
761.60(
e),
a
chemical
waste
landfill
approved
under
§
761.75,
or
in
a
facility
with
a
coordinated
approval
issued
under
§
761.77.

(
ii)
Decontaminate
it
in
accordance
with
§
761.79.

(
3)
Any
person
may
manage
or
dispose
of
material
containing
<
50
ppm
PCBs
that
has
been
dredged
or
excavated
from
waters
of
the
United
States:

(
i)
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.

(
ii)
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
disposal
approval.
(
1)
Any
person
wishing
to
sample,
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
§
761.65,
must
apply
in
writing
to
the
EPA
Regional
Administrator
in
the
Region
where
the
sampling,
cleanup,
disposal
or
storage
site
is
located,
for
sampling,
cleanup,
disposal
or
storage
occurring
in
a
single
EPA
Region;
or
to
the
Director
of
the
National
Program
Chemicals
Division,
for
sampling,
cleanup,
disposal
or
storage
occurring
in
more
than
one
EPA
Region.
Each
application
must
contain
information
described
in
the
notification
required
by
§
761.61(
a)(
3).
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.

(
2)
EPA
will
issue
a
written
decision
on
each
application
for
a
risk­
based
method
for
PCB
remediation
wastes.
EPA
will
approve
such
an
application
if
it
finds
that
the
method
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.

[
63
FR
35448,
June
29,
1998,
as
amended
at
64
FR
33761,
June
24,
1999]

§
761.62
Disposal
of
PCB
bulk
product
waste.

PCB
bulk
product
waste
shall
be
disposed
of
in
accordance
with
paragraph
(
a),
(
b),
or
(
c)
of
this
section.
Under
some
of
these
provisions,
it
may
not
be
necessary
to
determine
the
PCB
concentration
or
leaching
characteristics
of
the
PCB
bulk
product
waste.
When
it
is
necessary
to
analyze
the
waste
to
make
either
of
these
determinations,
use
the
applicable
procedures
in
subpart
R
of
this
part
to
sample
the
waste
for
analysis,
unless
EPA
approves
another
sampling
plan
under
paragraph
(
c)
of
this
section.

(
a)
Performance­
based
disposal.
Any
person
disposing
of
PCB
bulk
product
waste
may
do
so
as
follows:

(
1)
In
an
incinerator
approved
under
§
761.70.

(
2)
In
a
chemical
waste
landfill
approved
under
§
761.75.

(
3)
In
a
hazardous
waste
landfill
permitted
by
EPA
under
section
3004
of
RCRA,
or
by
a
State
authorized
under
section
3006
of
RCRA.

(
4)
Under
an
alternate
disposal
approval
under
§
761.60(
e).

(
5)
In
accordance
with
the
decontamination
provisions
of
§
761.79.

(
6)
For
metal
surfaces
in
contact
with
PCBs,
in
accordance
with
the
thermal
decontamination
provisions
of
§
761.79(
c)(
6).

(
7)
In
accordance
with
a
TSCA
PCB
Coordinated
Approval
issued
under
§
761.77.

(
b)
Disposal
in
solid
waste
landfills.
(
1)
Any
person
may
dispose
of
the
following
PCB
bulk
product
waste
in
a
facility
permitted,
licensed,
or
registered
by
a
State
as
a
municipal
or
non­
municipal
non­
hazardous
waste
landfill:

(
i)
Plastics
(
such
as
plastic
insulation
from
wire
or
cable;
radio,
television
and
computer
casings;
vehicle
parts;
or
furniture
laminates);
preformed
or
molded
rubber
parts
and
components;
applied
dried
paints,
varnishes,
waxes
or
other
similar
coatings
or
sealants;
caulking;
Galbestos;
non­
liquid
building
demolition
debris;
or
non­
liquid
PCB
bulk
product
waste
from
the
shredding
of
automobiles
or
household
appliances
from
which
PCB
small
capacitors
have
been
removed
(
shredder
fluff).

(
ii)
Other
PCB
bulk
product
waste,
sampled
in
accordance
with
the
protocols
set
out
in
subpart
R
of
this
part,
that
leaches
PCBs
at
<
10

g/
L
of
water
measured
using
a
procedure
used
to
simulate
leachate
generation.

(
2)
Any
person
may
dispose
of
PCB
bulk
product
waste
other
than
those
materials
meeting
the
conditions
of
paragraph
(
b)(
1)
of
this
section,
(
e.
g.,
paper
or
felt
gaskets
contaminated
by
liquid
PCBs
in
a
facility
that
is
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
solid
waste
subject
to
part
258
of
this
chapter
or
non­
municipal
non­
hazardous
waste
subject
to
§
§
257.5
through
257.30
of
this
chapter,
as
applicable,
if:

(
i)
The
PCB
bulk
product
waste
is
segregated
from
organic
liquids
disposed
of
in
the
landfill
unit.

(
ii)
Leachate
is
collected
from
the
landfill
unit
and
monitored
for
PCBs.

(
3)
Any
release
of
PCBs
(
including
but
not
limited
to
leachate)
from
the
landfill
unit
shall
be
cleaned
up
in
accordance
with
§
761.61.

(
4)(
i)
Any
person
disposing
off­
site
of
PCB
bulk
product
waste
regulated
under
paragraph
(
b)(
1)
of
this
section
at
a
waste
management
facility
not
having
a
commercial
PCB
storage
or
disposal
approval
must
provide
written
notice
to
the
facility
a
minimum
of
15
days
in
advance
of
the
first
shipment
from
the
same
disposal
waste
stream.
The
notice
shall
state
that
the
PCB
bulk
product
waste
may
include
components
containing
PCBs
at

50
ppm
based
on
analysis
of
the
waste
in
the
shipment
or
application
of
a
general
knowledge
of
the
waste
stream
(
or
similar
material)
which
is
known
to
contain
PCBs
at
those
levels,
and
that
the
PCB
bulk
product
waste
is
known
or
presumed
to
leach
<
10

g/
L
PCBs.

(
ii)
Any
person
disposing
off­
site
of
PCB
bulk
product
waste
regulated
under
paragraph
(
b)(
2)
of
this
section
at
a
waste
management
facility
not
having
a
commercial
PCB
storage
or
disposal
approval
must
provide
written
notice
to
the
facility
a
minimum
of
15
days
in
advance
of
the
first
shipment
from
the
same
disposal
waste
stream
and
with
each
shipment
thereafter.
The
notice
shall
state
that
the
PCB
bulk
product
waste
may
include
components
containing
PCBs
at

50
ppm
based
on
analysis
of
the
waste
in
the
shipment
or
application
of
a
general
knowledge
of
the
waste
stream
(
or
similar
material)
which
is
known
to
contain
PCBs
at
those
levels,
and
that
the
PCB
bulk
product
waste
is
known
or
presumed
to
leach

10

g/
L
PCBs.

(
5)
Any
person
disposing
of
PCB
bulk
product
waste
must
maintain
a
written
record
of
all
sampling
and
analysis
of
PCBs
or
notifications
made
under
this
paragraph
for
3
years
from
the
date
of
the
waste's
generation.
The
records
must
be
made
available
to
EPA
upon
request.

(
6)
Requirements
in
subparts
C,
J,
and
K
of
this
part
do
not
apply
to
waste
disposed
of
under
paragraph
(
b)
of
this
section.

(
c)
Risk­
based
disposal
approval.
(
1)
Any
person
wishing
to
sample
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
§
761.65,
must
apply
in
writing
to:
the
EPA
Regional
Administrator
in
the
Region
where
the
sampling,
disposal,
or
storage
site
is
located,
for
sampling,
disposal,
or
storage
occurring
in
a
single
EPA
Region;
or
the
Director
of
the
National
Program
Chemicals
Division,
for
sampling,
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,
disposal,
or
storage
methods
or
locations
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.
EPA
may
request
other
information
that
it
believes
necessary
to
evaluate
the
application.
No
person
may
conduct
sampling,
disposal,
or
storage
activities
under
this
paragraph
prior
to
obtaining
written
approval
by
EPA.

(
2)
EPA
will
issue
a
written
decision
on
each
application
for
a
risk­
based
sampling,
disposal,
or
storage
method
for
PCB
bulk
product
wastes.
EPA
will
approve
such
an
application
if
it
finds
that
the
method
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
d)
Disposal
as
daily
landfill
cover
or
roadbed.
Bulk
product
waste
described
in
paragraph
(
b)(
1)
of
this
section
may
be
disposed
of:

(
1)
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;
or
(
2)
Under
asphalt
as
part
of
a
road
bed.

[
63
FR
35451,
June
29,
1998,
as
amended
at
64
FR
33761,
June
24,
1999]

§
761.63
PCB
household
waste
storage
and
disposal.

PCB
household
waste,
as
defined
at
§
761.3,
managed
in
a
facility
permitted,
licensed,
or
registered
by
a
State
to
manage
municipal
or
industrial
solid
waste,
or
in
a
facility
with
an
approval
to
dispose
of
PCB
bulk
product
waste
under
§
761.62(
c),
is
not
subject
to
any
other
requirements
of
part
761
of
this
chapter.
PCB
household
waste
stored
in
a
unit
regulated
for
storage
of
PCB
waste
must
not
be
commingled
with
PCB
waste.

[
63
FR
35452,
June
29,
1998]

§
761.64
Disposal
of
wastes
generated
as
a
result
of
research
and
development
activities
authorized
under
§
761.30(
j)
and
chemical
analysis
of
PCBs.

This
section
provides
disposal
requirements
for
wastes
generated
during
and
as
a
result
of
research
and
development
authorized
under
§
761.30(
j).
This
section
also
provides
disposal
requirements
for
wastes
generated
during
the
chemical
analysis
of
samples
containing
PCBs
under
part
761,
including
§
§
761.30,
761.60,
761.61,
761.62,
and
761.79.
For
determining
the
presence
of
PCBs
in
samples,
chemical
analysis
includes:
sample
preparation,
sample
extraction,
extract
cleanup,
extract
concentration,
addition
of
PCB
standards,
and
instrumental
analysis.

(
a)
Portions
of
samples
of
a
size
designated
in
a
chemical
extraction
and
analysis
method
for
PCBs
and
extracted
for
purposes
of
determining
the
presence
of
PCBs
or
concentration
of
PCBs
are
unregulated
for
PCB
disposal
under
this
part.

(
b)
All
other
wastes
generated
during
these
activities
are
regulated
for
disposal
based
on
their
concentration
at
the
time
of
disposal
as
follows:

(
1)
Liquid
wastes,
including
rinse
solvents,
must
be
disposed
of
according
to
§
761.61(
a)(
5)(
iv).

(
2)
Non­
liquid
wastes
must
be
disposed
of
in
the
same
manner
as
non­
liquid
cleaning
materials
and
personal
protective
equipment
waste
according
to
§
761.61(
a)(
5)(
v)(
A).

[
63
FR
35452,
June
29,
1998]

§
761.65
Storage
for
disposal.

This
section
applies
to
the
storage
for
disposal
of
PCBs
at
concentrations
of
50
ppm
or
greater
and
PCB
Items
with
PCB
concentrations
of
50
ppm
or
greater.

(
a)(
1)
Storage
limitations.
Any
PCB
waste
shall
be
disposed
of
as
required
by
subpart
D
of
this
part
within
1­
year
from
the
date
it
was
determined
to
be
PCB
waste
and
the
decision
was
made
to
dispose
of
it.
This
date
is
the
date
of
removal
from
service
for
disposal
and
the
point
at
which
the
1­
year
time
frame
for
disposal
begins.
PCB/
radioactive
waste
removed
from
service
for
disposal
is
exempt
from
the
1­
year
time
limit
provided
that
the
provisions
at
paragraphs
(
a)(
2)(
ii)
and
(
a)(
2)(
iii)
of
this
section
are
followed
and
the
waste
is
managed
in
accordance
with
all
other
applicable
Federal,
State,
and
local
laws
and
regulations
for
the
management
of
radioactive
material.

(
2)
One­
year
extension.
Any
person
storing
PCB
waste
that
is
subject
to
the
1­
year
time
limit
for
storage
and
disposal
in
paragraph
(
a)(
1)
of
this
section
may
provide
written
notification
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
PCB
waste
is
stored
that
their
continuing
attempts
to
dispose
of
or
secure
disposal
for
their
waste
within
the
1­
year
time
limit
have
been
unsuccessful.
Upon
receipt
of
the
notice
by
the
EPA
Regional
Administrator,
the
time
for
disposal
is
automatically
extended
for
1
additional
year
(
2
years
total)
if
the
following
conditions
are
met:

(
i)
The
notification
is
received
by
the
EPA
Regional
Administrator
at
least
30
days
before
the
initial
1­
year
time
limit
expires
and
the
notice
identifies
the
storer,
the
types,
volumes,
and
locations
of
the
waste
and
the
reasons
for
failure
to
meet
the
initial
1­
year
time
limit.

(
ii)
A
written
record
documenting
all
continuing
attempts
to
secure
disposal
is
maintained
until
the
waste
is
disposed
of.

(
iii)
The
written
record
required
by
paragraph
(
a)(
2)(
ii)
of
this
section
is
available
for
inspection
or
submission
if
requested
by
EPA.

(
iv)
Continuing
attempts
to
secure
disposal
were
initiated
within
270
days
after
the
time
the
waste
was
first
subject
to
the
1­
year
time
limit
requirement,
as
specified
in
paragraph
(
a)(
1)
of
this
section.
Failure
to
initiate
and
continue
attempts
to
secure
disposal
throughout
the
total
time
the
waste
is
in
storage
shall
automatically
disqualify
the
notifier
from
receiving
an
automatic
extension
under
this
section.

(
3)
Additional
extensions.
Upon
written
request,
the
EPA
Regional
Administrator
for
the
Region
in
which
the
wastes
are
stored
or
the
Director,
National
Program
Chemicals
Division,
may
grant
additional
extensions
beyond
the
1­
year
extension
authorized
in
paragraph
(
a)(
2)
of
this
section.
At
the
time
of
the
request,
the
requestor
must
supply
specific
justification
for
the
additional
extension
and
indicate
what
measures
the
requestor
is
taking
to
secure
disposal
of
the
waste
or
indicate
why
disposal
could
not
be
conducted
during
the
period
of
the
prior
extension.
The
EPA
Regional
Administrator
or
the
Director,
National
Program
Chemicals
Division
may
require,
as
a
condition
to
granting
any
extension
under
this
section,
specific
actions
including,
but
not
limited
to,
marking,
inspection,
recordkeeping,
or
financial
assurance
to
ensure
that
the
waste
does
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
4)
Storage
at
an
approved
facility.
Increased
time
for
storage
may
be
granted
as
a
condition
of
any
TSCA
PCB
storage
or
disposal
approval,
by
the
EPA
Regional
Administrator
for
the
Region
in
which
the
PCBs
or
PCB
Items
are
to
be
stored
or
disposed
of,
or
by
the
Director,
National
Program
Chemicals
Division,
if
EPA
determines
that
there
is
a
demonstrated
need
or
justification
for
additional
time,
that
the
owner
or
operator
of
the
facility
is
pursuing
relevant
treatment
or
disposal
options,
and
that
no
unreasonable
risk
of
injury
to
health
or
the
environment
will
result
from
the
increased
storage
time.
In
making
this
determination,
EPA
will
consider
such
factors
as
absence
of
any
approved
treatment
technology
and
insufficient
time
to
complete
the
treatment
or
destruction
process.
EPA
may
require
as
a
condition
of
the
approval
that
the
owner
or
operator
submit
periodic
progress
reports.

(
b)
Except
as
provided
in
paragraphs
(
b)(
2),
(
c)(
1),
(
c)(
7),
(
c)(
9),
and
(
c)(
10)
of
this
section,
after
July
1,
1978,
owners
or
operators
of
any
facilities
used
for
the
storage
of
PCBs
and
PCB
Items
designated
for
disposal
shall
comply
with
the
following
storage
unit
requirements:

(
1)
The
facilities
shall
meet
the
following
criteria:

(
i)
Adequate
roof
and
walls
to
prevent
rain
water
from
reaching
the
stored
PCBs
and
PCB
Items;

(
ii)
An
adequate
floor
that
has
continuous
curbing
with
a
minimum
6
inch
high
curb.
The
floor
and
curbing
must
provide
a
containment
volume
equal
to
at
least
two
times
the
internal
volume
of
the
largest
PCB
Article
or
PCB
Container
or
25
percent
of
the
total
internal
volume
of
all
PCB
Articles
or
PCB
Containers
stored
there,
whichever
is
greater.
PCB/
radioactive
wastes
are
not
required
to
be
stored
in
an
area
with
a
minimum
6
inch
high
curbing.
However,
the
floor
and
curbing
must
still
provide
a
containment
volume
equal
to
at
least
two
times
the
internal
volume
of
the
largest
PCB
Container
or
25
percent
of
the
total
internal
volume
of
all
PCB
Containers
stored
there,
whichever
is
greater.

(
iii)
No
drain
valves,
floor
drains,
expansion
joints,
sewer
lines,
or
other
openings
that
would
permit
liquids
to
flow
from
the
curbed
area;

(
iv)
Floors
and
curbing
constructed
of
Portland
cement,
concrete,
or
a
continuous,
smooth,
non­
porous
surface
as
defined
at
§
761.3,
which
prevents
or
minimizes
penetration
of
PCBs.

(
v)
Not
located
at
a
site
that
is
below
the
100­
year
flood
water
elevation.

(
2)
No
person
may
store
PCBs
and
PCB
Items
designated
for
disposal
in
a
storage
unit
other
than
one
approved
pursuant
to
paragraph
(
d)
of
this
section
or
meeting
the
design
requirements
of
paragraph
(
b)
of
this
section,
unless
the
unit
meets
one
of
the
following
conditions:

(
i)
Is
permitted
by
EPA
under
section
3004
of
RCRA
to
manage
hazardous
waste
in
containers,
and
spills
of
PCBs
are
cleaned
up
in
accordance
with
subpart
G
of
this
part.

(
ii)
Qualifies
for
interim
status
under
section
3005
of
RCRA
to
manage
hazardous
waste
in
containers,
meets
the
requirements
for
containment
at
§
264.175
of
this
chapter,
and
spills
of
PCBs
are
cleaned
up
in
accordance
with
subpart
G
of
this
part.

(
iii)
Is
permitted
by
a
State
authorized
under
section
3006
of
RCRA
to
manage
hazardous
waste
in
containers,
and
spills
of
PCBs
are
cleaned
up
in
accordance
with
subpart
G
of
this
part.

(
iv)
Is
approved
or
otherwise
regulated
pursuant
to
a
State
PCB
waste
management
program
no
less
stringent
in
protection
of
health
or
the
environment
than
the
applicable
TSCA
requirements
found
in
this
part.

(
v)
Is
subject
to
a
TSCA
Coordinated
Approval,
which
includes
provisions
for
storage
of
PCBs,
issued
pursuant
to
§
761.77.

(
vi)
Has
a
TSCA
PCB
waste
management
approval,
which
includes
provisions
for
storage,
issued
pursuant
to
§
761.61(
c)
or
§
761.62(
c).

(
c)(
1)
The
following
PCB
Items
may
be
stored
temporarily
in
an
area
that
does
not
comply
with
the
requirements
of
paragraph
(
b)
of
this
section
for
up
to
thirty
days
from
the
date
of
their
removal
from
service,
provided
that
a
notation
is
attached
to
the
PCB
Item
or
a
PCB
Container
(
containing
the
item)
indicating
the
date
the
item
was
removed
from
service:

(
i)
Non­
leaking
PCB
Articles
and
PCB
Equipment;

(
ii)
Leaking
PCB
Articles
and
PCB
Equipment
if
the
PCB
Items
are
placed
in
a
non­
leaking
PCB
Container
that
contains
sufficient
sorbent
materials
to
absorb
any
liquid
PCBs
remaining
in
the
PCB
Items;

(
iii)
PCB
Containers
containing
non­
liquid
PCBs
such
as
contaminated
soil,
rags,
and
debris;
and
(
iv)
PCB
containers
containing
liquid
PCBs
at
concentrations
of

50
ppm
,
provided
a
Spill
Prevention,
Control
and
Countermeasure
Plan
has
been
prepared
for
the
temporary
storage
area
in
accordance
with
part
112
of
this
chapter
and
the
liquid
PCB
waste
is
in
packaging
authorized
in
the
DOT
Hazardous
Materials
Regulations
at
49
CFR
parts
171
through
180
or
stationary
bulk
storage
tanks
(
including
rolling
stock
such
as,
but
not
limited
to,
tanker
trucks,
as
specified
by
DOT).

(
2)
Non­
leaking
and
structurally
undamaged
PCB
Large
High
Voltage
Capacitors
and
PCB­
Contaminated
Electrical
Equipment
that
have
not
been
drained
of
free
flowing
dielectric
fluid
may
be
stored
on
pallets
next
to
a
storage
facility
that
meets
the
requirements
of
paragraph
(
b)
of
this
section.
PCB­
Contaminated
Electrical
Equipment
that
has
been
drained
of
free
flowing
dielectric
fluid
is
not
subject
to
the
storage
provisions
of
§
761.65.
Storage
under
this
subparagraph
will
be
permitted
only
when
the
storage
facility
has
immediately
available
unfilled
storage
space
equal
to
10
percent
of
the
volume
of
capacitors
and
equipment
stored
outside
the
facility.
The
capacitors
and
equipment
temporarily
stored
outside
the
facility
shall
be
checked
for
leaks
weekly.

(
3)
Any
storage
area
subject
to
the
requirements
of
paragraph
(
b)
or
paragraph
(
c)(
1)
of
this
section
shall
be
marked
as
required
in
subpart
C
§
761.40(
a)(
10).

(
4)
No
item
of
movable
equipment
that
is
used
for
handling
PCBs
and
PCB
Items
in
the
storage
units
and
that
comes
in
direct
contact
with
PCBs
shall
be
removed
from
the
storage
unit
area
unless
it
has
been
decontaminated
as
specified
in
§
761.79.

(
5)
All
PCB
Items
in
storage
shall
be
checked
for
leaks
at
least
once
every
30
days.
Any
leaking
PCB
Items
and
their
contents
shall
be
transferred
immediately
to
properly
marked
non­
leaking
containers.
Any
spilled
or
leaked
materials
shall
be
immediately
cleaned
up
and
the
materials
and
residues
containing
PCBs
shall
be
disposed
of
in
accordance
with
§
761.61.
Records
of
inspections,
maintenance,
cleanup
and
disposal
must
be
maintained
in
accordance
with
§
761.180(
a)
and
(
b).

(
6)
Except
as
provided
in
paragraphs
(
c)(
6)(
i)
and
(
c)(
6)(
ii)
of
this
section,
any
container
used
for
the
storage
of
liquid
or
non­
liquid
PCB
waste
shall
be
in
accordance
with
the
requirements
set
forth
in
the
DOT
Hazardous
Materials
Regulations
(
HMR)
at
49
CFR
parts
171
through
180.
PCB
waste
not
subject
to
the
HMR
(
i.
e.,
PCB
wastes
at
concentrations
of
<
20
ppm
or
<
1
pound
of
PCBs
regardless
of
concentration)
must
be
packaged
in
accordance
with
Packaging
Group
III,
unless
other
hazards
associated
with
the
PCB
waste
cause
it
to
require
packaging
in
accordance
with
Packaging
Groups
I
or
II.
For
purposes
of
describing
PCB
waste
not
subject
to
DOT's
HMR
on
a
manifest,
one
may
use
the
term
"
Non­
DOT
Regulated
PCBs."
(
i)
Containers
other
than
those
meeting
HMR
performance
standards
may
be
used
for
storage
of
PCB/
radioactive
waste
provided
the
following
requirements
are
met:

(
A)
Containers
used
for
storage
of
liquid
PCB/
radioactive
wastes
must
be
non­
leaking.

(
B)
Containers
used
for
storage
of
non­
liquid
PCB/
radioactive
wastes
must
be
designed
to
prevent
the
buildup
of
liquids
if
such
containers
are
stored
in
an
area
meeting
the
containment
requirements
of
paragraph
(
b)(
1)(
ii)
of
this
section,
as
well
as
all
other
applicable
State
or
Federal
regulations
or
requirements
for
control
of
radioactive
materials.

(
C)
Containers
used
to
store
both
liquid
and
non­
liquid
PCB/
radioactive
wastes
must
meet
all
regulations
and
requirements
pertaining
to
nuclear
criticality
safety.
Acceptable
container
materials
currently
include
polyethylene
and
stainless
steel
provided
that
the
container
material
is
chemically
compatible
with
the
wastes
being
stored.
Other
containers
may
be
used
to
store
both
liquid
and
non­
liquid
PCB/
radioactive
wastes
if
the
users
are
able
to
demonstrate,
to
the
appropriate
Regional
Administrator
and
other
appropriate
regulatory
authorities
(
i.
e.,
Nuclear
Regulatory
Commission,
Department
of
Energy
or
the
Department
of
Transportation),
that
the
use
of
such
containers
is
protective
of
health
and
the
environment
as
well
as
public
health
and
safety.

(
ii)
The
following
DOT
specification
containers
that
conform
to
the
requirements
of
49
CFR,
chapter
I,
subchapter
C
in
effect
on
September
30,
1991,
may
be
used
for
storage
and
transportation
activities
that
are
not
subject
to
DOT
regulation,
and
may
be
used
on
a
transitional
basis
as
permitted
at
49
CFR
171.14.
For
liquid
PCBs:
Specification
5
container
without
removable
head,
Specification
5B
container
without
removable
head,
Specification
6D
overpack
with
Specification
2S
or
2SL
polyethylene
containers,
or
Specification
17E
container.
For
non­
liquid
PCBs:
Specification
5
container,
Specification
5B
container,
or
Specification
17C
container.

(
7)
Stationary
storage
containers
for
liquid
PCBs
can
be
larger
than
the
containers
specified
in
paragraph
(
c)(
6)
of
this
section
provided
that:

(
i)
The
containers
are
designed,
constructed,
and
operated
in
compliance
with
Occupational
Safety
and
Health
Standards,
29
CFR
1910.106,
Flammable
and
combustible
liquids.
Before
using
these
containers
for
storing
PCBs,
the
design
of
the
containers
must
be
reviewed
to
determine
the
effect
on
the
structural
safety
of
the
containers
that
will
result
from
placing
liquids
with
the
specific
gravity
of
PCBs
into
the
containers
(
see
29
CFR
1910.106(
b)(
1)(
i)(
f)).

(
ii)
The
owners
or
operators
of
any
facility
using
containers
described
in
paragraph
(
c)(
7)(
i)
of
this
section,
shall
prepare
and
implement
a
Spill
Prevention
Control
and
Countermeasure
(
SPCC)
Plan
as
described
in
part
112
of
this
title.
In
complying
with
40
CFR
part
112,
the
owner
or
operator
shall
read
"
oil(
s)"
as
"
PCB(
s)"
whenever
it
appears.
The
exemptions
for
storage
capacity,
40
CFR
112.1(
d)(
2),
and
the
amendment
of
SPCC
plans
by
the
Regional
Administrator,
40
CFR
112.4,
shall
not
apply
unless
some
fraction
of
the
liquids
stored
in
the
container
are
oils
as
defined
by
section
311
of
the
Clean
Water
Act.
(
8)
PCB
Items
shall
be
dated
on
the
item
when
they
are
removed
from
service
for
disposal.
The
storage
shall
be
managed
so
that
the
PCB
Items
can
be
located
by
this
date.
Storage
containers
provided
in
paragraph
(
c)(
7)
of
this
section,
shall
have
a
record
that
includes
for
each
batch
of
PCBs
the
quantity
of
the
batch
and
date
the
batch
was
added
to
the
container.
The
record
shall
also
include
the
date,
quantity,
and
disposition
of
any
batch
of
PCBs
removed
from
the
container.

(
9)
Bulk
PCB
remediation
waste
or
PCB
bulk
product
waste
may
be
stored
at
the
clean­
up
site
or
site
of
generation
for
180
days
subject
to
the
following
conditions:

(
i)
The
waste
is
placed
in
a
pile
designed
and
operated
to
control
dispersal
of
the
waste
by
wind,
where
necessary,
by
means
other
than
wetting.

(
ii)
The
waste
must
not
generate
leachate
through
decomposition
or
other
reactions.

(
iii)
The
storage
site
must
have:

(
A)
A
liner
that
is
designed,
constructed,
and
installed
to
prevent
any
migration
of
wastes
off
or
through
the
liner
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
may
be
constructed
of
materials
that
may
allow
waste
to
migrate
into
the
liner.
The
liner
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
and
resistance
to
pressure
gradients
above
and
below
the
liner
to
prevent
failure
of
the
liner
due
to
settlement,
compression,
or
uplift.

(
3)
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
contacted
with
precipitation,
and
is
secured
so
as
not
to
be
functionally
disabled
by
winds
expected
under
normal
seasonal
meteorological
conditions
at
the
storage
site.

(
C)
A
run­
on
control
system
designed,
constructed,
operated,
and
maintained
such
that:

(
1)
It
prevents
flow
onto
the
stored
waste
during
peak
discharge
from
at
least
a
25­
year
storm.

(
2)
It
collects
and
controls
at
least
the
water
volume
resulting
from
a
24­
hour,
25­
year
storm.
Collection
and
holding
facilities
(
e.
g.,
tanks
or
basins)
must
be
emptied
or
otherwise
managed
expeditiously
after
storms
to
maintain
design
capacity
of
the
system.
(
iv)
The
provisions
of
this
paragraph
may
be
modified
under
§
761.61(
c).

(
10)
Owners
or
operators
of
storage
facilities
shall
establish
and
maintain
records
as
provided
in
§
761.180.

(
d)
Approval
of
commercial
storers
of
PCB
waste.
(
1)
All
commercial
storers
of
PCB
waste
shall
have
interim
approval
to
operate
commercial
facilities
for
the
storage
of
PCB
waste
until
August
2,
1990.
Commercial
storers
of
PCB
waste
are
prohibited
from
storing
any
PCB
waste
at
their
facilities
after
August
2,
1990
unless
they
have
submitted
by
August
2,
1990
a
complete
application
for
a
final
storage
approval
under
paragraph
(
d)(
2)
of
this
section.
The
period
of
interim
approval
shall
continue
until
the
Regional
Administrator
(
or
the
Director
of
the
Chemical
Management
Division
(
Director,
National
Programs
Chemical
Division)
in
cases
involving
commercial
storage
ancillary
to
a
facility
approved
for
disposal
by
the
Director,
National
Programs
Chemical
Division)
makes
a
final
decision
on
the
storage
application
at
which
time
such
interim
approval
shall
terminate.

(
2)
The
Regional
Administrator
for
the
region
in
which
the
storage
facility
is
located
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
facility
approved
for
disposal
by
the
Director,
National
Programs
Chemical
Division)
shall
grant
written,
final
approval
to
engage
in
the
commercial
storage
of
PCB
waste
upon
a
determination
by
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
that
the
criteria
in
paragraph
(
d)(
2)(
i)
through
(
d)(
2)(
vii)
of
this
section
have
been
met
by
the
applicant:

(
i)
The
applicant,
its
principals,
and
its
key
employees
responsible
for
the
establishment
or
operation
of
the
commercial
storage
facility
are
qualified
to
engage
in
the
business
of
commercial
storage
of
PCB
waste.

(
ii)
The
facility
possesses
the
capacity
to
handle
the
quantity
of
PCB
waste
which
the
owner
or
operator
of
the
facility
has
estimated
will
be
the
maximum
quantity
of
PCB
waste
that
will
be
handled
at
any
one
time
at
the
facility.

(
iii)
The
owner
or
operator
of
the
unit
has
certified
compliance
with
the
storage
facility
standards
in
paragraphs
(
b)
and
(
c)(
7)
of
this
section.

(
iv)
The
owner
or
operator
has
developed
a
written
closure
plan
for
the
facility
that
is
deemed
acceptable
by
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
is
ancillary
to
a
disposal
facility
permitted
by
the
Director,
National
Programs
Chemical
Division)
under
the
closure
plan
standards
of
paragraph
(
e)
of
this
section.

(
v)
The
owner
or
operator
has
included
in
the
application
for
final
approval
a
demonstration
of
financial
responsibility
for
closure
that
meets
the
financial
responsibility
standards
of
paragraph
(
g)
of
this
section.

(
vi)
The
operation
of
the
storage
facility
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.
(
vii)
The
environmental
compliance
history
of
the
applicant,
its
principals,
and
its
key
employees
may
be
deemed
to
constitute
a
sufficient
basis
for
denial
of
approval
whenever
in
the
judgment
of
the
Regional
Administrator
(
or
Director,
National
Programs
Chemical
Division)
that
history
of
environmental
civil
violations
or
criminal
convictions
evidences
a
pattern
or
practice
of
noncompliance
that
demonstrates
the
applicant's
unwillingness
or
inability
to
achieve
and
maintain
compliance
with
the
regulations.

(
3)
Applicants
for
storage
approvals
shall
submit
a
written
application
that
includes
any
relevant
information
bearing
upon
the
qualifications
of
the
facility's
principals
and
key
employees
to
engage
in
the
business
of
commercial
storage
of
PCB
wastes.
This
information
shall
include,
but
is
not
limited
to:

(
i)
The
identification
of
the
owner
and
the
operator
of
the
facility,
including
all
general
partners
of
a
partnership,
any
limited
partner
of
a
partnership,
any
stockholder
of
a
corporation
or
any
participant
in
any
other
type
of
business
organization
or
entity
who
owns
or
controls,
directly
or
indirectly,
more
than
5
percent
of
each
partnership,
corporation,
or
other
business
organization
and
all
officials
of
the
facility
who
have
direct
management
responsibility
for
the
facility.

(
ii)
The
identification
of
the
person
responsible
for
the
overall
operations
of
the
facility
(
i.
e.,
a
plant
manager,
superintendent,
or
a
person
of
similar
responsibility)
and
the
supervisory
employees
who
are
or
will
be
responsible
for
the
operation
of
the
facility.

(
iii)
Information
concerning
the
technical
qualifications
and
experience
of
the
persons
responsible
for
the
overall
operation
of
the
facility
and
the
employees
responsible
for
handling
PCB
waste
or
other
wastes.

(
iv)
Information
concerning
any
past
State
or
Federal
environmental
violations
involving
the
same
business
or
another
business
with
which
the
principals
or
supervisory
employees
were
affiliated
directly
that
occurred
within
5
years
preceding
the
date
of
submission
and
which
relate
directly
to
violations
that
resulted
in
either
a
civil
penalty
(
irrespective
of
whether
the
matter
was
disposed
of
by
an
adjudication
or
by
a
without
prejudice
settlement)
or
judgment
of
conviction
whether
entered
after
trial
or
a
plea,
either
of
guilt
or
nolo
contendere
or
civil
injunctive
relief
and
involved
storage,
disposal,
transport,
or
other
waste
handling
activities.

(
v)
A
list
of
all
companies
currently
owned
or
operated
in
the
past
by
the
principals
or
key
employees
identified
in
paragraphs
(
d)(
3)(
i)
and
(
d)(
3)(
ii)
of
this
section
that
are
or
were
directly
or
indirectly
involved
with
waste
handling
activities.

(
vi)
The
owner's
or
operator's
estimate
of
maximum
PCB
waste
quantity
to
be
handled
at
the
facility.

(
vii)
A
written
statement
certifying
compliance
with
paragraph
(
b)
or
(
c)
of
this
section
and
containing
a
certification
as
defined
in
§
761.3.

(
viii)
A
written
closure
plan
for
the
facility,
as
described
in
paragraph
(
e)
of
this
section.
(
ix)
The
current
closure
cost
estimate
for
the
facility,
as
described
in
paragraph
(
f)
of
this
section.

(
x)
A
demonstration
of
financial
responsibility
to
close
the
facility,
as
described
in
paragraph
(
g)
of
this
section.

(
4)
The
written
approval
issued
by
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
shall
include,
but
not
be
limited
to,
the
following:

(
i)
The
determination
that
the
applicant
has
satisfied
the
requirements
set
forth
in
paragraph
(
d)(
2)
of
this
section,
and
a
brief
statement
setting
forth
the
basis
for
the
determination.

(
ii)
Incorporation
of
the
closure
plan
submitted
by
the
facility
owner
or
operator
and
approved
by
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division).

(
iii)
A
condition
imposing
a
maximum
PCB
storage
capacity
which
the
facility
shall
not
exceed
during
its
PCB
waste
storage
operations.
The
maximum
storage
capacity
imposed
under
this
condition
shall
not
be
greater
than
the
estimated
maximum
inventory
of
PCB
waste
included
in
the
owner's
or
operator's
application
for
final
approval.

(
iv)
Such
other
conditions
as
deemed
necessary
by
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
to
ensure
that
the
operations
of
the
PCB
storage
facility
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
5)
Storage
areas
at
transfer
facilities
are
exempt
from
the
requirement
to
obtain
approval
as
a
commercial
storer
of
PCB
waste
under
this
paragraph,
unless
the
same
PCB
waste
is
stored
at
these
facilities
for
a
period
of
time
greater
than
10
consecutive
days
between
destinations.

(
6)
Storage
areas
at
RCRA­
permitted
facilities
may
be
exempt
from
the
separate
TSCA
storage
approval
requirements
in
this
paragraph
(
d)
upon
a
showing
to
the
Regional
Administrator's
satisfaction
that
the
facility's
existing
RCRA
closure
plan
is
substantially
equivalent
to
this
rule's
closure
plan
standards,
and
that
such
facility's
closure
cost
estimate
and
financial
assurance
demonstration
account
for
maximum
PCB
waste
inventories,
and
the
requirements
of
paragraph
(
d)(
3)(
i)
through
(
d)(
3)(
v)
and
(
d)(
3)(
vii)
of
this
section
are
met.
A
pay­
in
period
of
longer
than
3
years
after
approval
of
the
storage
facility
pursuant
to
this
rule,
will
be
acceptable
to
EPA
if
that
pay­
in
period
has
already
been
established
for
a
valid
RCRA
facility
or
previously
approved
TSCA
facility.

(
7)
Storage
areas
ancillary
to
TSCA­
approved
disposal
facilities
may
be
exempt
from
a
separate
facility
approval
provided
all
of
the
following
conditions
are
met:
(
i)
The
current
disposal
approval
contains
an
expiration
date.

(
ii)
The
current
disposal
approval's
closure
and
financial
responsibility
conditions
specifically
extend
to
storage
areas
ancillary
to
disposal.

(
iii)
The
current
disposal
approval's
closure
and
financial
responsibility
conditions
provide
for
annual
adjustments
for
inflation,
and
for
modification
when
changes
in
operation
would
affect
closure
costs.

(
iv)
The
current
disposal
approval
contains
conditions
on
closure
and
financial
responsibility
that
are
at
least
as
stringent
as
those
in
paragraphs
(
e)
and
(
g)
of
this
section.
However,
the
provision
for
a
3­
year
closure
trust
pay­
in
period,
as
specified
in
paragraph
(
g)(
1)(
i)
of
this
section,
would
be
waived
in
a
case
in
which
an
approved
TSCA
facility
or
RCRA
facility
that
covers
PCB
storage
has
a
longer
pay­
in
period
for
the
trust.

(
v)
The
current
disposal
approval
satisfies
the
requirements
of
paragraph
(
d)(
3)(
i)
through
(
d)(
3)(
v)
of
this
section.

(
8)
The
approval
of
any
existing
TSCA­
approved
disposal
facility
ancillary
to
a
commercial
storage
facility
that
is
deficient
in
any
of
the
conditions
of
paragraph
(
d)(
7)(
i)
through
(
d)(
7)(
v)
of
this
section
shall
be
called
in
by
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
it
was
the
Director,
National
Programs
Chemical
Division
who
issued
it.
The
approval
shall
be
modified
to
meet
the
requirements
of
paragraph
(
d)(
7)
of
this
section
within
180
days
of
the
effective
date
of
this
final
rule,
or
a
separate
application
for
approval
of
the
storage
facility
may
be
submitted
to
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
in
the
cases
where
the
Director,
National
Programs
Chemical
Division
issued
the
approval.

(
e)
Closure.
(
1)
A
commercial
storer
of
PCB
waste
shall
have
a
written
closure
plan
that
identifies
the
steps
that
the
owner
or
operator
of
the
facility
shall
take
to
close
the
PCB
waste
storage
facility
in
a
manner
that
eliminates
the
potential
for
post­
closure
releases
of
PCBs
which
may
present
an
unreasonable
risk
to
human
health
or
the
environment.
An
acceptable
closure
plan
must
include,
at
a
minimum,
all
of
the
following:

(
i)
A
description
of
how
the
PCB
storage
areas
of
the
facility
will
be
closed
in
a
manner
that
eliminates
the
potential
for
post­
closure
releases
of
PCBs
into
the
environment.

(
ii)
An
identification
of
the
maximum
extent
of
storage
operations
that
will
be
open
during
the
active
life
of
the
facility,
including
an
identification
of
the
extent
of
PCB
storage
operations
at
the
facility
relative
to
other
wastes
that
will
be
handled
at
the
facility.

(
iii)
An
estimate
of
the
maximum
inventory
of
PCB
wastes
that
could
be
handled
at
one
time
at
the
facility
over
its
active
life,
and
a
detailed
description
of
the
methods
or
arrangements
to
be
used
during
closure
for
removing,
transporting,
storing,
or
disposing
of
the
facility's
inventory
of
PCB
waste,
including
an
identification
of
any
off­
site
facilities
that
will
be
used.
(
iv)
A
detailed
description
of
the
steps
needed
to
remove
or
decontaminate
PCB
waste
residues
and
contaminated
containment
system
components,
equipment,
structures,
and
soils
during
closure
in
accordance
with
the
levels
specified
in
the
PCB
Spills
Cleanup
Policy
in
subpart
G
of
this
part,
including
a
description
of
the
methods
for
sampling
and
testing
of
surrounding
soils,
and
the
criteria
for
determining
the
extent
of
removal
or
decontamination.

(
v)
A
detailed
description
of
other
activities
necessary
during
the
closure
period
to
ensure
that
any
post­
closure
releases
of
PCBs
will
not
present
unreasonable
risks
to
human
health
or
the
environment.
This
includes
activities
such
as
ground­
water
monitoring,
run­
on
and
run­
off
control,
and
facility
security.

(
vi)
A
schedule
for
closure
of
each
area
of
the
facility
where
PCB
waste
is
stored
or
handled,
including
the
total
time
required
to
close
each
area
of
PCB
waste
storage
or
handling,
and
the
time
required
for
any
intervening
closure
activities.

(
vii)
An
estimate
of
the
expected
year
of
closure
of
the
PCB
waste
storage
areas,
if
a
trust
fund
is
opted
for
as
the
financial
mechanism.

(
2)
A
written
closure
plan
determined
to
be
acceptable
by
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
under
this
section
shall
become
a
condition
of
any
approval
granted
under
paragraph
(
d)
of
this
section.

(
3)
A
separate
and
new
closure
plan
need
not
be
submitted
in
cases
where
a
facility
is
currently
covered
by
a
TSCA
approval
or
a
RCRA
permit,
upon
a
showing
to
the
satisfaction
of
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
that
the
existing
closure
plan
is
substantially
equivalent
to
closure
plans
required
under
paragraphs
(
d)
through
(
g)
of
this
section,
and
that
the
plan
adequately
accounts
for
PCB
waste
inventories.

(
4)
The
commercial
storer
of
PCB
waste
shall
submit
a
written
request
to
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan)
for
a
modification
to
its
storage
approval
to
amend
its
closure
plan,
whenever:

(
i)
Changes
in
ownership,
operating
plans,
or
facility
design
affect
the
existing
closure
plan.

(
ii)
There
is
a
change
in
the
expected
date
of
closure,
if
applicable.

(
iii)
In
conducting
closure
activities,
unexpected
events
require
a
modification
of
the
approved
closure
plan.

(
5)
The
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
may
modify
the
existing
closure
plan
under
the
conditions
described
in
paragraph
(
e)(
4)
of
this
section.
(
6)
Commercial
storers
of
PCB
waste
shall
comply
with
the
following
closure
schedule:

(
i)
The
commercial
storer
shall
notify
in
writing
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
if
he
approved
the
closure
plan,
at
least
60
days
prior
to
the
date
on
which
final
closure
of
its
PCB
storage
facility
is
expected
to
begin.

(
ii)
The
date
when
a
commercial
storer
of
PCB
waste
"
expects
to
begin
closure"
shall
be
no
later
than
30
days
after
the
date
on
which
the
storage
facility
received
its
final
quantities
of
PCB
waste.
For
good
cause
shown,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
if
he
approved
the
closure
plan,
may
extend
the
date
for
commencement
of
closure
for
an
additional
30­
day
period.

(
iii)
Within
90
days
after
receiving
the
final
quantity
of
PCB
waste
for
storage,
a
commercial
storer
of
PCB
waste
shall
remove
all
PCB
waste
in
storage
at
the
facility
from
the
facility
in
accordance
with
the
approved
closure
plan.
For
good
cause
shown,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
if
he
approved
the
closure
plan,
may
approve
a
reasonable
extension
to
the
period
for
removal
of
the
PCB
waste.

(
iv)
A
commercial
storer
of
PCB
waste
shall
complete
closure
activities
in
accordance
with
the
approved
closure
plan
and
within
180
days
after
receiving
the
final
quantity
of
PCB
waste
for
storage
at
the
facility.
For
good
cause
shown,
the
Regional
Administrator
or
Director,
National
Programs
Chemical
Division
if
he
approved
the
closure
plan,
may
approve
a
reasonable
extension
to
the
closure
period.

(
7)
During
the
closure
period,
all
contaminated
system
component
equipment,
structures,
and
soils
shall
be
disposed
of
in
accordance
with
the
disposal
requirements
of
subpart
D
of
this
part,
or,
if
applicable,
decontaminated
in
accordance
with
the
levels
specified
in
the
PCB
Spills
Cleanup
Policy
at
subpart
G
of
this
part.
When
PCB
waste
is
removed
from
the
storage
facility
during
closure,
the
owner
or
operator
becomes
a
generator
of
PCB
waste
subject
to
the
generator
requirements
of
subpart
J
of
this
part.

(
8)
Within
60
days
of
completion
of
closure
of
each
facility
for
the
storage
of
PCB
waste,
the
commercial
storer
of
PCB
waste
shall
submit
to
the
Regional
Administrator
(
or
Director,
National
Programs
Chemical
Division
if
he
approved
the
closure
plan),
by
registered
mail,
a
certification
that
the
PCB
storage
facility
has
been
closed
in
accordance
with
the
approved
closure
plan.
The
certification
shall
be
signed
by
the
owner
or
operator
and
by
an
independent
registered
professional
engineer.

(
f)
Closure
cost
estimate.
(
1)
A
commercial
storer
of
PCB
wastes
shall
have
a
detailed
estimate,
in
current
dollars,
of
the
cost
of
closing
the
facility
in
accordance
with
its
approved
closure
plan.
The
closure
cost
estimate
shall
be
in
writing,
be
certified
by
the
person
preparing
it
(
using
the
certification
defined
in
§
761.3)
and
comply
with
all
of
the
following
criteria:

(
i)
The
closure
cost
estimate
shall
equal
the
cost
of
final
closure
at
the
point
in
the
PCB
storage
facility's
active
life
when
the
extent
and
manner
of
PCB
storage
operations
would
make
closure
the
most
expensive,
as
indicated
by
the
facility's
closure
plan.

(
ii)
The
closure
cost
estimate
shall
be
based
on
the
costs
to
the
owner
or
operator
of
hiring
a
third
party
to
close
the
facility,
and
the
third
party
shall
not
be
either
a
corporate
parent
or
subsidiary
of
the
owner
or
operator,
or
member
in
joint
ownership
of
the
facility.

(
iii)
The
owner
or
operator
shall
include
in
the
estimate
the
current
market
costs
for
off­
site
commercial
disposal
of
the
facility's
maximum
estimated
inventory
of
PCB
wastes,
except
that
on­
site
disposal
costs
may
be
used
if
on­
site
disposal
capacity
will
exist
at
the
facility
at
all
times
over
the
life
of
the
PCB
storage
facility.

(
iv)
The
closure
cost
estimate
may
not
incorporate
any
salvage
value
that
may
be
realized
with
the
sale
of
wastes,
facility
structures
or
equipment,
land,
or
other
assets
associated
with
the
facility
at
the
time
of
closure.

(
2)
During
the
active
life
of
the
PCB
storage
facility,
the
commercial
storer
of
PCB
waste
shall
adjust
annually
for
inflation
the
closure
cost
estimate
within
60
days
prior
to
the
anniversary
date
of
the
establishment
of
the
financial
instruments
used
to
demonstrate
financial
responsibility
for
closure,
except
that
owners
or
operators
who
use
the
financial
test
or
corporate
guarantee
shall
adjust
their
closure
cost
estimates
for
inflation
within
30
days
after
the
close
of
the
storer's
fiscal
year.
The
adjustment
may
be
made
by
recalculating
the
maximum
costs
of
closure
in
current
dollars,
or
by
using
an
inflation
factor
derived
from
the
most
recent
Implicit
Price
Deflator
for
Gross
National
Product
published
by
the
U.
S.
Department
of
Commerce
in
its
Survey
of
Current
Business.
The
Implicit
Price
Deflator
for
Gross
National
Product
is
included
in
a
monthly
publication
titled
Economic
Indicators,
which
is
available
from
the
Superintendent
of
Documents,
Government
Printing
Office,
Washington,
DC
20402.
The
inflation
factor
used
in
the
latter
method
is
the
result
of
dividing
the
latest
published
annual
Deflator
by
the
Deflator
for
the
previous
year.
The
adjustment
to
the
closure
cost
estimate
is
then
made
by
multiplying
the
most
recent
closure
cost
estimate
by
the
latest
inflation
factor.

(
3)
Where
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan)
approves
a
modification
to
the
facility's
closure
plan,
and
that
modification
increases
the
cost
of
closure,
the
owner
or
operator
shall
revise
the
closure
cost
estimate
no
later
than
30
days
after
the
modification
is
approved.
Any
such
revision
shall
also
be
adjusted
for
inflation
in
accordance
with
paragraph
(
f)(
2)
of
this
section.

(
4)
The
owner
or
operator
of
the
facility
shall
keep
at
the
facility
during
its
operating
life
the
most
recent
closure
cost
estimate,
including
any
adjustments
resulting
from
inflation
or
from
modifications
to
the
closure
plan.

(
g)
Financial
assurance
for
closure.
A
commercial
storer
of
PCB
waste
shall
establish
financial
assurance
for
closure
of
each
PCB
storage
facility
that
he
owns
or
operates.
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
§
264.143(
a)
of
this
chapter,
except
for
paragraph
(
a)(
3)
of
§
264.143.
For
purposes
of
this
paragraph,
the
following
provisions
also
apply:

(
i)
Payments
into
the
trust
fund
shall
be
made
annually
by
the
owner
or
operator
over
the
remaining
operating
life
of
the
facility
as
estimated
in
the
closure
plan,
or
over
3
years,
whichever
period
is
shorter.
This
period
of
time
is
hereafter
referred
to
as
the
"
pay­
in
period."
For
an
existing
facility,
the
first
payment
must
be
made
within
30
calendar
days
after
EPA
has
notified
the
facility
of
its
conditional
approval.
Interim
approval
to
operate
is
canceled
and
the
application
is
denied
if
EPA
does
not
receive
verification
that
the
payment
was
made
in
that
30­
day
period.

(
ii)
For
a
new
facility,
the
first
payment
into
the
closure
trust
fund
shall
be
made
before
EPA
grants
final
approval
of
the
application
and
before
the
facility
may
accept
the
initial
shipment
of
PCB
waste
for
commercial
storage.
A
receipt
from
the
trustee
shall
be
submitted
by
the
owner
or
operator
to
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director
CMD)
before
this
initial
delivery
of
PCB
waste.
The
first
payment
shall
be
at
least
equal
to
the
current
closure
cost
estimate,
divided
by
the
number
of
years
in
the
pay­
in
period,
except
as
provided
in
paragraph
(
g)(
7)
of
this
section
for
multiple
mechanisms.
Subsequent
payments
shall
be
made
no
later
than
30
days
after
each
anniversary
date
of
the
first
payment.
The
amount
of
each
subsequent
payment
shall
be
determined
by
subtracting
the
current
value
of
the
trust
fund
from
the
current
closure
cost
estimate,
and
dividing
this
difference
by
the
number
of
years
remaining
in
the
pay­
in
period.

(
iii)
If
an
owner
or
operator
of
a
facility
existing
on
the
effective
date
of
this
paragraph
establishes
a
trust
fund
to
meet
the
financial
assurance
requirements
of
this
paragraph,
and
the
value
of
the
trust
fund
is
less
than
the
current
closure
cost
estimate
when
a
final
approval
is
granted
for
the
facility,
the
amount
of
the
current
closure
cost
estimate
still
to
be
paid
into
the
trust
fund
shall
be
paid
in
over
the
pay­
in
period
as
defined
in
paragraph
(
g)(
1)(
i)
of
this
section.
Payments
shall
continue
to
be
made
no
later
than
30
days
after
each
anniversary
date
of
the
first
payment
made
into
the
trust
fund.
The
amount
of
each
payment
shall
be
determined
by
subtracting
the
current
value
of
the
trust
fund
from
the
current
closure
cost
estimate,
and
dividing
this
difference
by
the
number
of
years
remaining
in
the
pay­
in
period.

(
iv)
The
submission
of
a
trust
agreement
with
the
wording
specified
in
§
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.

(
2)
The
"
surety
bond
guaranteeing
payment
into
a
closure
trust
fund,"
as
specified
in
§
264.143(
b)
of
this
chapter,
including
the
use
of
the
surety
bond
instrument
specified
at
§
264.151(
b)
of
this
chapter
and
the
standby
trust
specified
at
§
264.143(
b)(
3)
of
this
chapter.
The
use
of
the
surety
bonds,
surety
bond
instruments,
and
standby
trust
agreements
specified
in
§
§
264.143(
b)
and
264.151(
b)
of
this
chapter
shall
be
deemed
to
be
in
compliance
with
this
subpart.

(
3)(
i)
The
"
surety
bond
guaranteeing
performance
of
closure,"
as
specified
at
§
264.143(
c)
of
this
chapter,
except
for
paragraph
(
c)(
5)
of
§
264.143
of
this
chapter.
The
submission
and
use
of
the
surety
bond
instrument
specified
at
§
264.151(
c)
of
this
chapter
and
the
standby
trust
specified
at
§
264.143(
c)(
3)
of
this
chapter
shall
be
deemed
to
be
in
compliance
with
the
requirements
under
this
subpart
relating
to
the
use
of
surety
bonds
and
standby
trust
funds.

(
ii)
For
the
purposes
of
this
paragraph,
and
under
the
terms
of
the
bond,
the
surety
shall
become
liable
on
the
bond
obligation
when
the
owner
or
operator
fails
to
perform
as
guaranteed
by
the
bond.
Liability
is
established
by
a
final
administrative
determination
pursuant
to
section
16
of
TSCA
that
the
owner
or
operator
has
failed
to
perform
final
closure
in
accordance
with
the
closure
plan
and
other
approval
or
regulatory
requirements
when
required
to
do
so.

(
4)(
i)
The
"
closure
letter
of
credit"
specified
in
§
264.143(
d)
of
this
chapter,
except
for
paragraph
(
d)(
8).
The
submission
and
use
of
the
irrevocable
letter
of
credit
instrument
specified
in
§
264.151(
d)
of
this
chapter
and
the
standby
trust
specified
in
§
264.143(
d)(
3)
of
this
chapter
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.

(
ii)
For
the
purposes
of
this
paragraph,
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
may
draw
on
the
letter
of
credit
following
a
final
administrative
determination
pursuant
to
section
16
of
TSCA
that
the
owner
or
operator
has
failed
to
perform
final
closure
in
accordance
with
the
closure
plan
and
other
approval
or
regulatory
requirements
when
required
to
do
so.

(
5)
"
Closure
insurance,"
as
specified
in
§
264.143(
e)
of
this
chapter,
utilizing
the
certificate
of
insurance
for
closure
specified
at
§
264.151(
e)
of
this
chapter.
The
use
of
closure
insurance
as
specified
in
§
264.143(
e)
of
this
chapter
and
the
submission
and
use
of
the
certificate
of
insurance
specified
in
§
264.151(
e)
of
this
chapter
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
§
264.143(
f)
of
this
chapter,
including
a
letter
signed
by
the
owner's
or
operator's
chief
financial
officer
as
specified
at
§
264.151(
f)
of
this
chapter
and,
if
applicable,
the
written
corporate
guarantee
specified
at
§
264.151(
h)
of
this
chapter.
The
use
of
the
financial
test
and
corporate
guarantee
specified
in
§
264.143(
f)
of
this
chapter,
the
submission
and
use
of
the
letter
specified
in
§
264.151(
f)
of
this
chapter,
and
the
submission
and
use
of
the
written
corporate
guarantee
specified
at
§
264.151(
h)
of
this
chapter
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
§
264.143(
f)(
10)
of
this
chapter.

(
8)
The
use
of
multiple
financial
mechanisms,
as
specified
in
§
264.143(
g)
of
this
chapter
is
permitted.

(
9)
A
modification
to
a
facility
storing
PCB
waste
that
increases
the
maximum
storage
capacity
indicated
in
the
permit
requires
that
a
new
financial
assurance
mechanism
be
established
or
an
existing
one
be
amended.
When
such
a
modification
occurs,
the
Director
of
the
Federal
or
State
issuing
authority
must
be
notified
in
writing
no
later
than
30
days
from
the
completion
of
the
modification.
The
new
or
revised
financial
assurance
mechanism
must
be
established
and
activated
no
later
than
30
days
after
the
Director
of
the
Federal
or
State
issuing
authority
is
notified
of
the
completion
of
the
modification,
but
prior
to
the
use
of
the
modified
portion
of
the
facility.

(
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,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
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
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
has
reason
to
believe
that
final
closure
has
not
been
completed
in
accordance
with
the
approved
closure
plan.
The
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
shall
provide
the
owner
or
operator
with
a
detailed
written
statement
stating
the
reasons
why
he
believed
closure
was
not
conducted
in
accordance
with
the
approved
closure
plan.

(
i)
Laboratories
and
samples.
(
1)
A
laboratory
is
conditionally
exempt
from
the
notification
and
approval
requirements
for
a
commercial
storer
under
§
761.65
(
d)
through
(
h)
when
it
stores
samples
held
for
disposal
in
a
facility
that
complies
with
the
standards
in
§
761.65
(
b)(
1)(
i)
through
(
b)(
1)(
iv).

(
2)
A
laboratory
sample
is
exempt
from
the
manifesting
requirements
in
§
761.208
when:

(
i)
The
sample
is
being
transported
to
a
laboratory
for
the
purpose
of
testing.

(
ii)
The
sample
is
being
transported
back
to
the
sample
collector
after
testing.

(
iii)
The
sample
is
being
stored
by
the
sample
collector
before
transport
to
a
laboratory
for
testing.

(
iv)
The
sample
is
being
stored
in
a
laboratory
before
testing.

(
v)
The
sample
is
being
stored
in
a
laboratory
after
testing
but
before
it
is
returned
to
the
sample
collector.

(
vi)
The
sample
is
being
stored
temporarily
in
the
laboratory
after
testing
for
a
specific
purpose
(
for
example,
until
conclusion
of
a
court
case
or
enforcement
action
where
further
testing
of
the
sample
may
be
necessary).

(
3)
In
order
to
qualify
for
the
exemption
in
paragraph
(
i)(
2)(
i)
and
(
i)(
2)(
ii)
of
this
section,
a
sample
collector
shipping
samples
to
a
laboratory
and
a
laboratory
returning
samples
to
a
sample
collector
must:

(
i)
Comply
with
applicable
U.
S.
Department
of
Transportation
(
DOT)
or
U.
S.
Postal
Service
(
USPS)
shipping
requirements,
found
respectively
in
49
CFR
173.345
and
U.
S.
Postal
Regulations
652.2
and
652.3.

(
ii)
Assure
that
the
following
information
accompanies
the
sample:

(
A)
The
sample
collector's
name,
mailing
address,
and
telephone
number.

(
B)
The
laboratory's
name,
mailing
address,
and
telephone
number.

(
C)
The
quantity
of
the
sample.

(
D)
The
date
of
shipment.

(
E)
A
description
of
the
sample.

(
iii)
Package
the
sample
so
that
it
does
not
leak,
spill,
or
vaporize
from
its
packaging.

(
4)
When
the
concentration
of
the
PCB
sample
has
been
determined,
and
its
use
is
terminated,
the
sample
must
be
properly
disposed.
A
laboratory
must
either
manifest
the
PCB
waste
to
a
disposer
or
commercial
storer,
as
required
under
§
761.208,
retain
a
copy
of
each
manifest,
as
required
under
§
761.209,
and
follow
up
on
exception
reporting,
as
required
under
§
761.215
(
a)
and
(
b),
or
return
the
sample
to
the
sample
collector
who
must
then
properly
dispose
of
the
sample.
If
the
laboratory
returns
the
sample
to
the
sample
collector,
the
laboratory
must
comply
with
the
shipping
requirements
set
forth
in
paragraph
(
i)(
3)(
i)
through
(
i)(
3)(
iii)
of
this
section.

(
j)
Changes
in
ownership
or
operational
control
of
a
commercial
storage
facility.
The
date
of
transfer
of
interim
status
or
final
approval
shall
be
the
date
the
EPA
Regional
Administrator
(
or
Director,
National
Program
Chemicals
Division)
provides
written
approval
of
the
transfer.
EPA
will
provide
a
final
written
decision
within
90
days
of
receipt
of
the
complete
new
or
amended
application.
The
Agency
will
approve
the
transfer
if
the
following
conditions
are
met:

(
1)
The
transferee
has
established
financial
assurance
for
closure
pursuant
to
paragraph
(
g)
of
this
section
using
a
mechanism
effective
as
of
the
date
of
final
approval
so
that
there
will
be
no
lapse
in
financial
assurance
for
the
transferred
facility.

(
2)
The
transferor
or
transferee
has
resolved
any
deficiencies
(
e.
g.,
technical
operations,
closure
plans,
cost
estimates,
etc.)
the
Agency
has
identified
in
the
transferor's
application.

(
k)
States
and
the
Federal
Government.
States
and
the
Federal
Government
are
exempt
from
the
requirements
of
paragraphs
(
f)
and
(
g)
of
this
section.

(
Sec.
6,
Pub.
L.
94
 
469,
90
Stat.
2020
(
15
U.
S.
C.
2605)

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982,
and
amended
at
47
FR
37359,
Aug.
8,
1982;
49
FR
28191,
July
10,
1984;
53
FR
12524,
Apr.
15,
1988;
54
FR
52746,
Dec.
21,
1989;
55
FR
695,
Jan.
8,
1990;
55
FR
26205,
June
27,
1990;
58
FR
15809,
Mar.
24,
1993;
58
FR
34205,
June
23,
1993;
58
FR
59374,
Nov.
9,
1993;
63
FR
35439,
35452,
June
29,
1998]
