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

§
761.70
Incineration.

This
section
applies
to
facilities
used
to
incinerate
PCBs
required
to
be
incinerated
by
this
part.

(
a)
Liquid
PCBs.
An
incinerator
used
for
incinerating
PCBs
shall
be
approved
by
an
EPA
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
pursuant
to
paragraph
(
d)
of
this
section.
Requests
for
approval
of
incinerators
to
be
used
in
more
than
one
region
must
be
submitted
to
the
Director,
National
Programs
Chemical
Division,
except
for
research
and
development
involving
less
than
500
pounds
of
PCB
material
(
see
§
761.60(
i)(
2)).
Requests
for
approval
of
incinerators
to
be
used
in
only
one
region
must
be
submitted
to
the
appropriate
Regional
Administrator.
The
incinerator
shall
meet
all
of
the
requirements
specified
in
paragraphs
(
a)
(
1)
through
(
9)
of
this
section,
unless
a
waiver
from
these
requirements
is
obtained
pursuant
to
paragraph
(
d)(
5)
of
this
section.
In
addition,
the
incinerator
shall
meet
any
other
requirements
which
may
be
prescribed
pursuant
to
paragraph
(
d)(
4)
of
this
section.

(
1)
Combustion
criteria
shall
be
either
of
the
following:

(
i)
Maintenance
of
the
introduced
liquids
for
a
2­
second
dwell
time
at
1200
°
C
(
±
100
°
C)
and
3
percent
excess
oxygen
in
the
stack
gas;
or
(
ii)
Maintenance
of
the
introduced
liquids
for
a
1
1/
2
second
dwell
time
at
1600
°
C(
±
100
°
C)
and
2
percent
excess
oxygen
in
the
stack
gas.

(
2)
Combustion
efficiency
shall
be
at
least
99.9
percent
computed
as
follows:
Combustion
efficiency
=
[
Cco2/(
Cco2
+
Cco)]
100
where
Cco2=
Concentration
of
carbon
dioxide.
Cco=
Concentration
of
carbon
monoxide.

(
3)
The
rate
and
quantity
of
PCBs
which
are
fed
to
the
combustion
system
shall
be
measured
and
recorded
at
regular
intervals
of
no
longer
than
15
minutes.

(
4)
The
temperatures
of
the
incineration
process
shall
be
continuously
measured
and
recorded.
The
combustion
temperature
of
the
incineration
process
shall
be
based
on
either
direct
(
pyrometer)
or
indirect
(
wall
thermocouple­
pyrometer
correlation)
temperature
readings.

(
5)
The
flow
of
PCBs
to
the
incinerator
shall
stop
automatically
whenever
the
combustion
temperature
drops
below
the
temperatures
specified
in
paragraph
(
a)(
1)
of
this
section.

(
6)
Monitoring
of
stack
emission
products
shall
be
conducted:

(
i)
When
an
incinerator
is
first
used
for
the
disposal
of
PCBs
under
the
provisions
of
this
regulation;
(
ii)
When
an
incinerator
is
first
used
for
the
disposal
of
PCBs
after
the
incinerator
has
been
modified
in
a
manner
which
may
affect
the
characteristics
of
the
stack
emission
products;
and
(
iii)
At
a
minimum
such
monitoring
shall
be
conducted
for
the
following
parameters:

(
a)
O2;
(
b)
CO;
(
c)
CO2;
(
d)
Oxides
of
Nitrogen
(
NOX);
(
e)
Hydrochloric
Acid
(
HCl);
(
f)
Total
Chlorinated
Organic
Content
(
RCl);
(
g)
PCBs;
and
(
h)
Total
Particulate
Matter.

(
7)
At
a
minimum
monitoring
and
recording
of
combustion
products
and
incineration
operations
shall
be
conducted
for
the
following
parameters
whenever
the
incinerator
is
incinerating
PCBs:

(
i)
O2;
(
ii)
CO;
and
(
iii)
CO2.
The
monitoring
for
O2
and
CO
shall
be
continuous.
The
monitoring
for
CO2
shall
be
periodic,
at
a
frequency
specified
by
the
Regional
Administrator
or
Director,
National
Programs
Chemical
Division.

(
8)
The
flow
of
PCBs
to
the
incinerator
shall
stop
automatically
when
any
one
or
more
of
the
following
conditions
occur,
unless
a
contingency
plan
is
submitted
by
the
incinerator
owner
or
operator
and
approved
by
the
Regional
Administrator
or
Director,
National
Programs
Chemical
Division.
The
contingency
plan
indicates
what
alternative
measures
the
incinerator
owner
or
operator
would
take
if
any
of
the
following
conditions
occur:

(
i)
Failure
of
monitoring
operations
specified
in
paragraph
(
a)(
7)
of
this
section;

(
ii)
Failure
of
the
PCB
rate
and
quantity
measuring
and
recording
equipment
specified
in
paragraph
(
a)(
3)
of
this
section;
or
(
iii)
Excess
oxygen
falls
below
the
percentage
specified
in
paragraph
(
a)(
1)
of
this
section.

(
9)
Water
scrubbers
shall
be
used
for
HCl
control
during
PCB
incineration
and
shall
meet
any
performance
requirements
specified
by
the
appropriate
EPA
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division.
Scrubber
effluent
shall
be
monitored
and
shall
comply
with
applicable
effluent
or
pretreatment
standards,
and
any
other
State
and
Federal
laws
and
regulations.
An
alternate
method
of
HCl
control
may
be
used
if
the
alternate
method
has
been
approved
by
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division.
(
The
HCl
neutralizing
capability
of
cement
kilns
is
considered
to
be
an
alternate
method.)

(
b)
Nonliquid
PCBs.
An
incinerator
used
for
incinerating
nonliquid
PCBs,
PCB
Articles,
PCB
Equipment,
or
PCB
Containers
shall
be
approved
by
the
appropriate
EPA
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
pursuant
to
paragraph
(
d)
of
this
section.
Requests
for
approval
of
incinerators
to
be
used
in
more
than
one
region
must
be
submitted
to
the
Director,
National
Programs
Chemical
Division
except
for
research
and
development
involving
less
than
500
pounds
of
PCB
material
(
see
§
761.60(
i)(
2)).
Requests
for
approval
of
incinerators
to
be
used
in
only
one
region
must
be
submitted
to
the
appropriate
Regional
Administrator.
The
incinerator
shall
meet
all
of
the
requirements
specified
in
paragraphs
(
b)(
1)
and
(
2)
of
this
section
unless
a
waiver
from
these
requirements
is
obtained
pursuant
to
paragraph
(
d)(
5)
of
this
section.
In
addition,
the
incinerator
shall
meet
any
other
requirements
that
may
be
prescribed
pursuant
to
paragraph
(
d)(
4)
of
this
section.

(
1)
The
mass
air
emissions
from
the
incinerator
shall
be
no
greater
than
0.001g
PCB/
kg
of
the
PCB
introduced
into
the
incinerator.

(
2)
The
incinerator
shall
comply
with
the
provisions
of
paragraphs
(
a)(
2),
(
3),
(
4),
(
6),
(
7),
(
8)(
i)
and
(
ii),
and
(
9)
of
this
section.

(
c)
Maintenance
of
data
and
records.
All
data
and
records
required
by
this
section
shall
be
maintained
in
accordance
with
§
761.180,
Records
and
monitoring.

(
d)
Approval
of
incinerators.
Prior
to
the
incineration
of
PCBs
and
PCB
Items
the
owner
or
operator
of
an
incinerator
shall
receive
the
written
approval
of
the
Agency
Regional
Administrator
for
the
region
in
which
the
incinerator
is
located,
or
the
Director,
National
Programs
Chemical
Division.
Approval
from
the
Director,
National
Programs
Chemical
Division
may
be
effective
in
all
ten
EPA
regions.
Such
approval
shall
be
obtained
in
the
following
manner:

(
1)
Application.
The
owner
or
operator
shall
submit
to
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
an
application
which
contains:

(
i)
The
location
of
the
incinerator;

(
ii)
A
detailed
description
of
the
incinerator
including
general
site
plans
and
design
drawings
of
the
incinerator;

(
iii)
Engineering
reports
or
other
information
on
the
anticipated
performance
of
the
incinerator;

(
iv)
Sampling
and
monitoring
equipment
and
facilities
available;

(
v)
Waste
volumes
expected
to
be
incinerated;

(
vi)
Any
local,
State,
or
Federal
permits
or
approvals;
and
(
vii)
Schedules
and
plans
for
complying
with
the
approval
requirements
of
this
regulation.

(
2)
Trial
burn.
(
i)
Following
receipt
of
the
application
described
in
paragraph
(
d)(
1)
of
this
section,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
shall
determine
if
a
trial
burn
is
required
and
notify
the
person
who
submitted
the
report
whether
a
trial
burn
of
PCBs
and
PCB
Items
must
be
conducted.
The
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
may
require
the
submission
of
any
other
information
that
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
finds
to
be
reasonably
necessary
to
determine
the
need
for
a
trial
burn.
Such
other
information
shall
be
restricted
to
the
types
of
information
required
in
paragraphs
(
d)(
1)(
i)
through
(
vii)
of
this
section.
(
ii)
If
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
determines
that
a
trial
burn
must
be
held,
the
person
who
submitted
the
report
described
in
paragraph
(
d)(
1)
of
this
section
shall
submit
to
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
a
detailed
plan
for
conducting
and
monitoring
the
trial
burn.
At
a
minimum,
the
plan
must
include:

(
A)
Date
trial
burn
is
to
be
conducted;

(
B)
Quantity
and
type
of
PCBs
and
PCB
Items
to
be
incinerated;

(
C)
Parameters
to
be
monitored
and
location
of
sampling
points;

(
D)
Sampling
frequency
and
methods
and
schedules
for
sample
analyses;
and
(
E)
Name,
address,
and
qualifications
of
persons
who
will
review
analytical
results
and
other
pertinent
data,
and
who
will
perform
a
technical
evaluation
of
the
effectiveness
of
the
trial
burn.

(
iii)
Following
receipt
of
the
plan
described
in
paragraph
(
d)(
2)(
ii)
of
this
section,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
will
approve
the
plan,
require
additions
or
modifications
to
the
plan,
or
disapprove
the
plan.
If
the
plan
is
disapproved,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
will
notify
the
person
who
submitted
the
plan
of
such
disapproval,
together
with
the
reasons
why
it
is
disapproved.
That
person
may
thereafter
submit
a
new
plan
in
accordance
with
paragraph
(
d)(
2)(
ii)
of
this
section.
If
the
plan
is
approved
(
with
any
additions
or
modifications
which
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
may
prescribe),
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
will
notify
the
person
who
submitted
the
plan
of
the
approval.
Thereafter,
the
trial
burn
shall
take
place
at
a
date
and
time
to
be
agreed
upon
between
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
and
the
person
who
submitted
the
plan.

(
3)
Other
information.
In
addition
to
the
information
contained
in
the
report
and
plan
described
in
paragraphs
(
d)(
1)
and
(
2)
of
this
section,
the
Regional
Administrator
or
the
Assistant
Administrator
for
Prevention,
Pesticides
and
Toxic
Substances
may
require
the
owner
or
operator
to
submit
any
other
information
that
the
Regional
Administrator
or
the
Assistant
Administrator
for
Prevention,
Pesticides
and
Toxic
Substances
finds
to
be
reasonably
necessary
to
determine
whether
an
incinerator
shall
be
approved.
Note:

The
Regional
Administrator
will
have
available
for
review
and
inspection
an
Agency
manual
containing
information
on
sampling
methods
and
analytical
procedures
for
the
parameters
required
in
§
761.70(
a)
(
3),
(
4),
(
6),
and
(
7)
plus
any
other
parameters
he/
she
may
determine
to
be
appropriate.
Owners
or
operators
are
encouraged
to
review
this
manual
prior
to
submitting
any
report
required
in
§
761.70.

(
4)
Contents
of
approval.
(
i)
Except
as
provided
in
paragraph
(
d)(
5)
of
this
section,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
may
not
approve
an
incinerator
for
the
disposal
of
PCBs
and
PCB
Items
unless
he
finds
that
the
incinerator
meets
all
of
the
requirements
of
paragraphs
(
a)
and/
or
(
b)
of
this
section.

(
ii)
In
addition
to
the
requirements
of
paragraphs
(
a)
and/
or
(
b)
of
this
section,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
may
include
in
an
approval
any
other
requirements
that
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
finds
are
necessary
to
ensure
that
operation
of
the
incinerator
does
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
from
PCBs.
Such
requirements
may
include
a
fixed
period
of
time
for
which
the
approval
is
valid.

(
5)
Waivers.
An
owner
or
operator
of
the
incinerator
may
submit
evidence
to
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
that
operation
of
the
incinerator
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
enviroment
from
PCBs,
when
one
or
more
of
the
requirements
of
paragraphs
(
a)
and/
or
(
b)
of
this
section
are
not
met.
On
the
basis
of
such
evidence
and
any
other
available
information,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division
may
in
his/
her
discretion
find
that
any
requirement
of
paragraphs
(
a)
and
(
b)
of
this
section
is
not
necessary
to
protect
against
such
a
risk,
and
may
waive
the
requirements
in
any
approval
for
that
incinerator.
Any
finding
and
waiver
under
this
paragraph
must
be
stated
in
writing
and
included
as
part
of
the
approval.

(
6)
Persons
approved.
An
approval
will
designate
the
persons
who
own
and
who
are
authorized
to
operate
the
incinerator,
and
will
apply
only
to
such
persons,
except
as
provided
in
paragraph
(
d)(
8)
of
this
section.

(
7)
Final
approval.
Approval
of
an
incinerator
will
be
in
writing
and
signed
by
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division.
The
approval
will
state
all
requirements
applicable
to
the
approved
incinerator.

(
8)
Transfer
of
property.
Any
person
who
owns
or
operates
an
approved
incinerator
must
notify
EPA
at
least
30
days
before
transferring
ownership
in
the
incinerator
or
the
property
it
stands
upon,
or
transferring
the
right
to
operate
the
incinerator.
The
transferor
must
also
submit
to
EPA,
at
least
30
days
before
such
transfer,
a
notarized
affidavit
signed
by
the
transferee
which
states
that
the
transferee
will
abide
by
the
transferor's
EPA
incinerator
approval.
Within
30
days
of
receiving
such
notification
and
affidavit,
EPA
will
issue
an
amended
approval
substituting
the
transferee's
name
for
the
transferor's
name,
or
EPA
may
require
the
transferee
to
apply
for
a
new
incinerator
approval.
In
the
latter
case,
the
transferee
must
abide
by
the
transferor's
EPA
approval
until
EPA
issues
the
new
approval
to
the
transferee.

(
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
48
FR
13185,
Mar.
30,
1983;
49
FR
28191,
July
10,
1984;
53
FR
12524,
Apr.
15,
1988;
58
FR
15809,
Mar.
24,
1993;
63
FR
35439,
June
29,
1998]
§
761.71
High
efficiency
boilers.

(
a)
To
burn
mineral
oil
dielectric
fluid
containing
a
PCB
concentration
of

50
ppm
,
but
<
500
ppm:

(
1)
The
boiler
shall
comply
with
the
following
criteria:

(
i)
The
boiler
is
rated
at
a
minimum
of
50
million
BTU
hours.

(
ii)
If
the
boiler
uses
natural
gas
or
oil
as
the
primary
fuel,
the
carbon
monoxide
concentration
in
the
stack
is

50
ppm
and
the
excess
oxygen
is
at
least
3
percent
when
PCBs
are
being
burned.

(
iii)
If
the
boiler
uses
coal
as
the
primary
fuel,
the
carbon
monoxide
concentration
in
the
stack
is

100
ppm
and
the
excess
oxygen
is
at
least
3
percent
when
PCBs
are
being
burned.

(
iv)
The
mineral
oil
dielectric
fluid
does
not
comprise
more
than
10
percent
(
on
a
volume
basis)
of
the
total
fuel
feed
rate.

(
v)
The
mineral
oil
dielectric
fluid
is
not
fed
into
the
boiler
unless
the
boiler
is
operating
at
its
normal
operating
temperature
(
this
prohibits
feeding
these
fluids
during
either
start
up
or
shut
down
operations).

(
vi)
The
owner
or
operator
of
the
boiler:

(
A)
Continuously
monitors
and
records
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack
gas
while
burning
mineral
oil
dielectric
fluid;
or
(
B)
If
the
boiler
will
burn
<
30,000
gallons
of
mineral
oil
dielectric
fluid
per
year,
measures
and
records
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack
gas
at
regular
intervals
of
no
longer
than
60
minutes
while
burning
mineral
oil
dielectric
fluid.

(
vii)
The
primary
fuel
feed
rates,
mineral
oil
dielectric
fluid
feed
rates,
and
total
quantities
of
both
primary
fuel
and
mineral
oil
dielectric
fluid
fed
to
the
boiler
are
measured
and
recorded
at
regular
intervals
of
no
longer
than
15
minutes
while
burning
mineral
oil
dielectric
fluid.

(
viii)
The
carbon
monoxide
concentration
and
the
excess
oxygen
percentage
are
checked
at
least
once
every
hour
that
mineral
oil
dielectric
fluid
is
burned.
If
either
measurement
falls
below
the
levels
specified
in
this
section,
the
flow
of
mineral
oil
dielectric
fluid
to
the
boiler
shall
be
stopped
immediately.

(
2)
Thirty
days
before
any
person
burns
mineral
oil
dielectric
fluid
in
the
boiler,
the
person
gives
written
notice
to
the
EPA
Regional
Administrator
for
the
EPA
Region
in
which
the
boiler
is
located
and
that
the
notice
contains
the
following
information:

(
i)
The
name
and
address
of
the
owner
or
operator
of
the
boiler
and
the
address
of
the
boiler.
(
ii)
The
boiler
rating
in
units
of
BTU/
hour.

(
iii)
The
carbon
monoxide
concentration
and
the
excess
oxygen
percentage
in
the
stack
of
the
boiler
when
it
is
operated
in
a
manner
similar
to
the
manner
in
which
it
will
be
operated
when
mineral
oil
dielectric
fluid
is
burned.

(
iv)
The
type
of
equipment,
apparatus,
and
procedures
to
be
used
to
control
the
feed
of
mineral
oil
dielectric
fluid
to
the
boiler
and
to
monitor
and
record
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack.

(
3)
When
burning
mineral
oil
dielectric
fluid,
the
boiler
must
operate
at
a
level
of
output
no
less
than
the
output
at
which
the
measurements
required
under
paragraph
(
a)(
2)(
iii)
of
this
section
were
taken.

(
4)
Any
person
burning
mineral
oil
dielectric
fluid
in
a
boiler
obtains
the
following
information
and
retains
the
information
for
5
years
at
the
boiler
location:

(
i)
The
data
required
to
be
collected
under
paragraphs
(
a)(
1)(
vi)
and
(
vii)
of
this
section.

(
ii)
The
quantity
of
mineral
oil
dielectric
fluid
burned
in
the
boiler
each
month.

(
b)
To
burn
liquids,
other
than
mineral
oil
dielectric
fluid,
containing
a
PCB
concentration
of

50
ppm
,
but
<
500
ppm:

(
1)
The
boiler
shall
comply
with
the
following
criteria:

(
i)
The
boiler
is
rated
at
a
minimum
of
50
million
BTU/
hour.

(
ii)
If
the
boiler
uses
natural
gas
or
oil
as
the
primary
fuel,
the
carbon
monoxide
concentration
in
the
stack
is

50
ppm
and
the
excess
oxygen
is
at
least
3
percent
when
PCBs
are
being
burned.

(
iii)
If
the
boiler
uses
coal
as
the
primary
fuel,
the
carbon
monoxide
concentration
in
the
stack
is

100
ppm
and
the
excess
oxygen
is
at
least
3
percent
when
PCBs
are
being
burned.

(
iv)
The
waste
does
not
comprise
more
than
10
percent
(
on
a
volume
basis)
of
the
total
fuel
feed
rate.

(
v)
The
waste
is
not
fed
into
the
boiler
unless
the
boiler
is
operating
at
its
normal
operating
temperature
(
this
prohibits
feeding
these
fluids
during
either
start
up
or
shut
down
operations).

(
vi)
The
owner
or
operator
of
the
boiler
must:

(
A)
Continuously
monitor
and
record
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack
gas
while
burning
waste
fluid;
or
(
B)
If
the
boiler
will
burn
<
30,000
gallons
of
waste
fluid
per
year,
measure
and
record
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack
gas
at
regular
intervals
of
no
longer
than
60
minutes
while
burning
waste
fluid.

(
vii)
The
primary
fuel
feed
rate,
waste
fluid
feed
rate,
and
total
quantities
of
both
primary
fuel
and
waste
fluid
fed
to
the
boiler
must
be
measured
and
recorded
at
regular
intervals
of
no
longer
than
15
minutes
while
burning
waste
fluid.

(
viii)
The
carbon
monoxide
concentration
and
the
excess
oxygen
percentage
must
be
checked
at
least
once
every
hour
that
the
waste
is
burned.
If
either
measurement
falls
below
the
levels
specified
in
either
(
a)(
1)(
ii)
or
(
a)(
1)(
iii)
of
this
section,
the
flow
of
waste
to
the
boiler
shall
be
stopped
immediately.

(
2)
Prior
to
any
person
burning
these
liquids
in
the
boiler,
approval
must
be
obtained
from
the
EPA
Regional
Administrator
for
the
EPA
Region
in
which
the
boiler
is
located
and
any
persons
seeking
such
approval
must
submit
to
the
EPA
Regional
Administrator
a
request
containing
at
least
the
following
information:

(
i)
The
name
and
address
of
the
owner
or
operator
of
the
boiler
and
the
address
of
the
boiler.

(
ii)
The
boiler
rating
in
units
of
BTU/
hour.

(
iii)
The
carbon
monoxide
concentration
and
the
excess
oxygen
percentage
in
the
stack
of
the
boiler
when
it
is
operated
in
a
manner
similar
to
the
manner
in
which
it
will
be
operated
when
low
concentration
PCB
liquid
is
burned.

(
iv)
The
type
of
equipment,
apparatus,
and
procedures
to
be
used
to
control
the
feed
of
mineral
oil
dielectric
fluid
to
the
boiler
and
to
monitor
and
record
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack.

(
v)
The
type
of
waste
to
be
burned
(
e.
g.,
hydraulic
fluid,
contaminated
fuel
oil,
heat
transfer
fluid,
etc.).

(
vi)
The
concentration
of
PCBs
and
of
any
other
chlorinated
hydrocarbon
in
the
waste
and
the
results
of
analyses
using
the
American
Society
of
Testing
and
Materials
(
ASTM)
methods
as
follows:
Carbon
and
hydrogen
content
using
ASTM
D­
3178­
84,
nitrogen
content
using
ASTM
E­
258­
67
(
Reapproved
1987),
sulfur
content
using
ASTM
D­
2784­
89,
ASTM
D­
1266­
87,
or
ASTM
D­
129­
64,
chlorine
content
using
ASTM
D­
808­
87,
water
and
sediment
content
using
either
ASTM
D­
2709­
88
or
ASTM
D­
1796­
83
(
Reapproved
1990),
ash
content
using
ASTM
D­
482­
87,
calorific
value
using
ASTM
D­
240­
87,
carbon
residue
using
either
ASTM
D­
2158­
89
or
ASTM
D­
524­
88,
and
flash
point
using
ASTM
D­
93­
90.

(
vii)
The
quantity
of
wastes
estimated
to
be
burned
in
a
30
 
day
period.

(
viii)
An
explanation
of
the
procedures
to
be
followed
to
ensure
that
burning
the
waste
will
not
adversely
affect
the
operation
of
the
boiler
such
that
combustion
efficiency
will
decrease.

(
3)
On
the
basis
of
the
information
in
paragraph
(
b)(
2)
of
this
section
and
any
other
available
information,
the
Regional
Administrator
may,
at
his/
her
discretion,
find
that
the
alternate
disposal
method
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
and
approve
the
use
of
the
boiler.

(
4)
When
burning
PCB
wastes,
the
boiler
must
operate
at
a
level
of
output
no
less
than
the
output
at
which
the
measurements
required
under
paragraph
(
b)(
2)(
iii)
of
this
section
were
taken.

(
5)
Any
person
burning
liquids
in
boilers
approved
as
provided
in
paragraph
(
b)(
3)
of
this
section,
must
obtain
the
following
information
and
retain
the
information
for
5
years
at
the
boiler
location:

(
i)
The
data
required
to
be
collected
in
paragraphs
(
b)(
1)(
vi)
and
(
b)(
1)(
vii)
of
this
section.

(
ii)
The
quantity
of
low
concentration
PCB
liquid
burned
in
the
boiler
each
month.

(
iii)
The
analysis
of
the
waste
required
by
paragraph
(
b)(
2)(
vi)
of
this
section
taken
once
a
month
for
each
month
during
which
low
concentration
PCB
liquid
is
burned
in
the
boiler.

[
63
FR
35454,
June
29,
1998]

§
761.72
Scrap
metal
recovery
ovens
and
smelters.

Any
person
may
dispose
of
residual
PCBs
associated
with
PCB­
Contaminated
articles
regulated
for
disposal
under
§
761.60(
b),
metal
surfaces
in
PCB
remediation
waste
regulated
under
§
761.61,
or
metal
surfaces
in
PCB
bulk
product
waste
regulated
under
§
§
761.62(
a)(
6)
and
761.79(
c)(
6),
from
which
all
free­
flowing
liquids
have
been
removed:

(
a)
In
a
scrap
metal
recovery
oven:

(
1)
The
oven
shall
have
at
least
two
enclosed
(
i.
e.,
negative
draft,
no
fugitive
emissions)
interconnected
chambers.

(
2)
The
equipment
with
all
free­
flowing
liquid
removed
shall
first
be
placed
in
the
primary
chamber
at
room
temperature.

(
3)
The
primary
chamber
shall
operate
at
a
temperature
between
537
°
C
and
650
°
C
for
a
minimum
of
2
1/
2
hours
and
reach
a
minimum
temperature
of
650
°
C
(
1,202
°
F)
once
during
each
heating
cycle
or
batch
treatment
of
unheated,
liquid­
free
equipment.

(
4)
Heated
gases
from
the
primary
chamber
must
feed
directly
into
the
secondary
chamber
(
i.
e.,
afterburner)
which
must
operate
at
a
minimum
temperature
of
1,200
°
C
(
2,192
°
F)
with
at
least
a
3
percent
excess
oxygen
and
a
retention
time
of
2.0
seconds
with
a
minimum
combustion
efficiency
of
99.9
percent
according
to
the
definition
in
§
761.70(
a)(
2).
(
5)
Heating
of
the
primary
chamber
shall
not
commence
until
the
secondary
chamber
has
reached
a
temperature
of
1,200
±
100
°
C
(
2,192
°
±
180
°
F).

(
6)
Continuous
emissions
monitors
and
recorders
for
carbon
dioxide,
carbon
monoxide,
and
excess
oxygen
in
the
secondary
chamber
and
continuous
temperature
recorders
in
the
primary
and
secondary
chambers
shall
be
installed
and
operated
while
the
primary
and
secondary
chambers
are
in
operation
to
assure
that
the
two
chambers
are
within
the
operating
parameters
in
paragraphs
(
a)(
3)
through
(
a)(
5)
of
this
section.

(
7)
Emissions
from
the
secondary
chamber
must
be
vented
through
an
exhaust
gas
stack
in
accordance
with
either:

(
i)
State
or
local
air
regulations
or
permits,
or
(
ii)
The
standards
in
paragraph
(
a)(
8)
of
this
section.

(
8)
Exhaust
gas
stack
emissions
shall
be
for:
particulates
<
0.015
grains/
dry
standard
cubic
foot,
sulfur
dioxide
<
35
parts
per
million
by
volume
(
ppmv),
nitrogen
oxide
<
150
ppmv,
carbon
monoxide
<
35
ppmv,
and
hydrogen
chloride
<
35
ppmv.

(
9)
A
measurement
of
the
temperature
in
the
secondary
chamber
at
the
time
the
primary
chamber
starts
heating
must
be
taken,
recorded
and
retained
at
the
facility
for
3
years
from
the
date
each
charge
is
introduced
into
the
primary
chamber.

(
b)
By
smelting:

(
1)
The
operating
temperature
of
the
hearth
must
be
at
least
1,000
°
C
at
the
time
it
is
charged
with
any
PCB­
Contaminated
non­
porous
surface.

(
2)
Each
charge
containing
a
PCB­
Contaminated
item
must
be
added
into
molten
metal
or
a
hearth
at

1,000
°
C.

(
3)
Successive
charges
may
not
be
introduced
into
the
hearth
in
less
than
15
 
minute
intervals.

(
4)
The
smelter
must
operate
in
compliance
with
any
applicable
emissions
standards
in
part
60
of
this
chapter.

(
5)
The
smelter
must
have
an
operational
device
which
accurately
measures
directly
or
indirectly,
the
temperature
in
the
hearth.

(
6)
Take,
record
and
retain
at
the
disposal
facility
for
3
years
from
the
date
each
charge
is
introduced,
a
reading
of
the
temperature
in
the
hearth
at
the
time
it
is
charged
with
a
non­
porous
surface
item.

(
c)(
1)
Scrap
metal
recovery
ovens
and
smelters
must
either
have
a
final
permit
under
RCRA
(
part
266,
subpart
H
of
this
chapter
and
§
270.66
of
this
chapter)
or
be
operating
under
a
valid
State
air
emissions
permit
which
includes
a
standard
for
PCBs.

(
2)
Scrap
metal
recovery
ovens
and
smelters
disposing
of
PCBs
must
provide
notification
as
disposers
of
PCBs,
are
not
required
to
submit
annual
reports,
and
shall
otherwise
comply
with
all
applicable
provisions
of
subparts
J
and
K
of
this
part,
as
well
as
other
applicable
Federal,
State,
and
local
laws
and
regulations.

(
3)
In
lieu
of
the
requirements
in
paragraph
(
c)(
1)
of
this
section,
upon
written
request
by
the
owner
or
operator
of
a
scrap
metal
recovery
oven
or
smelter,
the
EPA
Regional
Administrator,
for
the
Region
where
the
oven
or
smelter
is
located,
may
make
a
finding
in
writing,
based
on
a
site­
specific
risk
assessment,
that
the
oven
or
smelter
does
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment
because
it
is
operating
in
compliance
with
the
parameters
and
conditions
listed
in
paragraph
(
a)
or
(
b)
of
this
section
even
though
the
oven
or
smelter
does
not
have
a
RCRA
or
State
air
permit
as
required
by
paragraph
(
c)(
1)
of
this
section.
The
written
request
shall
include
a
site­
specific
risk
assessment.

(
d)
PCB
liquids,
other
liquid
waste
qualifying
as
waste
oils
which
may
be
used
as
provided
for
at
§
761.20(
e),
or
PCB
remediation
waste,
other
than
PCB­
Contaminated
articles,
may
not
be
disposed
of
in
a
scrap
metal
recovery
oven
or
smelter
unless
approved
or
otherwise
allowed
under
subpart
D
of
this
part.

[
63
FR
35455,
June
29,
1998,
as
amended
at
64
FR
33761,
June
24,
1999]

§
761.75
Chemical
waste
landfills.

This
section
applies
to
facilities
used
to
dispose
of
PCBs
in
accordance
with
the
part.

(
a)
General.
A
chemical
waste
landfill
used
for
the
disposal
of
PCBs
and
PCB
Items
shall
be
approved
by
the
Agency
Regional
Administrator
pursuant
to
paragraph
(
c)
of
this
section.
The
landfill
shall
meet
all
of
the
requirements
specified
in
paragraph
(
b)
of
this
section,
unless
a
waiver
from
these
requirements
is
obtained
pursuant
to
paragraph
(
c)(
4)
of
this
section.
In
addition,
the
landfill
shall
meet
any
other
requirements
that
may
be
prescribed
pursuant
to
paragraph
(
c)(
3)
of
this
section.

(
b)
Technical
requirements.
Requirements
for
chemical
waste
landfills
used
for
the
disposal
of
PCBs
and
PCB
Items
are
as
follows:

(
1)
Soils.
The
landfill
site
shall
be
located
in
thick,
relatively
impermeable
formations
such
as
large­
area
clay
pans.
Where
this
is
not
possible,
the
soil
shall
have
a
high
clay
and
silt
content
with
the
following
parameters:

(
i)
In­
place
soil
thickness,
4
feet
or
compacted
soil
liner
thickness,
3
feet;

(
ii)
Permeability
(
cm/
sec),
equal
to
or
less
than
1
×
10­
7;
(
iii)
Percent
soil
passing
No.
200
Sieve,
>
30;

(
iv)
Liquid
Limit,
>
30;
and
(
v)
Plasticity
Index
>
15.

(
2)
Synthetic
membrane
liners.
Synthetic
membrane
liners
shall
be
used
when,
in
the
judgment
of
the
Regional
Administrator,
the
hydrologic
or
geologic
conditions
at
the
landfill
require
such
a
liner
in
order
to
provide
at
least
a
permeability
equivalent
to
the
soils
in
paragraph
(
b)(
1)
of
this
section.
Whenever
a
synthetic
liner
is
used
at
a
landfill
site,
special
precautions
shall
be
taken
to
insure
that
its
integrity
is
maintained
and
that
it
is
chemically
compatible
with
PCBs.
Adequate
soil
underlining
and
soil
cover
shall
be
provided
to
prevent
excessive
stress
on
the
liner
and
to
prevent
rupture
of
the
liner.
The
liner
must
have
a
minimum
thickness
of
30
mils.

(
3)
Hydrologic
conditions.
The
bottom
of
the
landfill
shall
be
above
the
historical
high
groundwater
table
as
provided
below.
Floodplains,
shorelands,
and
groundwater
recharge
areas
shall
be
avoided.
There
shall
be
no
hydraulic
connection
between
the
site
and
standing
or
flowing
surface
water.
The
site
shall
have
monitoring
wells
and
leachate
collection.
The
bottom
of
the
landfill
liner
system
or
natural
in­
place
soil
barrier
shall
be
at
least
fifty
feet
from
the
historical
high
water
table.

(
4)
Flood
protection.
(
i)
If
the
landfill
site
is
below
the
100­
year
floodwater
elevation,
the
operator
shall
provide
surface
water
diversion
dikes
around
the
perimeter
of
the
landfill
site
with
a
minimum
height
equal
to
two
feet
above
the
100­
year
floodwater
elevation.

(
ii)
If
the
landfill
site
is
above
the
100­
year
floodwater
elevation,
the
operators
shall
provide
diversion
structures
capable
of
diverting
all
of
the
surface
water
runoff
from
a
24­
hour,
25­
year
storm.

(
5)
Topography.
The
landfill
site
shall
be
located
in
an
area
of
low
to
moderate
relief
to
minimize
erosion
and
to
help
prevent
landslides
or
slumping.

(
6)
Monitoring
systems
 
(
i)
Water
sampling.
(
A)
For
all
sites
receiving
PCBs,
the
ground
and
surface
water
from
the
disposal
site
area
shall
be
sampled
prior
to
commencing
operations
under
an
approval
provided
in
paragraph
(
c)
of
this
section
for
use
as
baseline
data.

(
B)
Any
surface
watercourse
designated
by
the
Regional
Administrator
using
the
authority
provided
in
paragraph
(
c)(
3)(
ii)
of
this
section
shall
be
sampled
at
least
monthly
when
the
landfill
is
being
used
for
disposal
operations.

(
C)
Any
surface
watercourse
designated
by
the
Regional
Administrator
using
the
authority
provided
in
paragraph
(
c)(
3)(
ii)
of
this
section
shall
be
sampled
for
a
time
period
specified
by
the
Regional
Administrator
on
a
frequency
of
no
less
than
once
every
six
months
after
final
closure
of
the
disposal
area.
(
ii)
Groundwater
monitor
wells.
(
A)
If
underlying
earth
materials
are
homogenous,
impermeable,
and
uniformly
sloping
in
one
direction,
only
three
sampling
points
shall
be
necessary.
These
three
points
shall
be
equally
spaced
on
a
line
through
the
center
of
the
disposal
area
and
extending
from
the
area
of
highest
water
table
elevation
to
the
area
of
the
lowest
water
table
elevation
on
the
property.

(
B)
All
monitor
wells
shall
be
cased
and
the
annular
space
between
the
monitor
zone
(
zone
of
saturation)
and
the
surface
shall
be
completely
backfilled
with
Portland
cement
or
an
equivalent
material
and
plugged
with
Portland
cement
to
effectively
prevent
percolation
of
surface
water
into
the
well
bore.
The
well
opening
at
the
surface
shall
have
a
removable
cap
to
provide
access
and
to
prevent
entrance
of
rainfall
or
stormwater
runoff.
The
well
shall
be
pumped
to
remove
the
volume
of
liquid
initially
contained
in
the
well
before
obtaining
a
sample
for
analysis.
The
discharge
shall
be
treated
to
meet
applicable
State
or
Federal
discharge
standards
or
recycled
to
the
chemical
waste
landfill.

(
iii)
Water
analysis.
As
a
minimum,
all
samples
shall
be
analyzed
for
the
following
parameters,
and
all
data
and
records
of
the
sampling
and
analysis
shall
be
maintained
as
required
in
§
761.180(
d)(
1).
Sampling
methods
and
analytical
procedures
for
these
parameters
shall
comply
with
those
specified
in
40
CFR
part
136
as
amended
in
41
FR
52779
on
December
1,
1976.

(
A)
PCBs.

(
B)
pH.

(
C)
Specific
conductance.

(
D)
Chlorinated
organics.

(
7)
Leachate
collection.
A
leachate
collection
monitoring
system
shall
be
installed
above
the
chemical
waste
landfill.
Leachate
collection
systems
shall
be
monitored
monthly
for
quantity
and
physicochemical
characteristics
of
leachate
produced.
The
leachate
should
be
either
treated
to
acceptable
limits
for
discharge
in
accordance
with
a
State
or
Federal
permit
or
disposed
of
by
another
State
or
Federally
approved
method.
Water
analysis
shall
be
conducted
as
provided
in
paragraph
(
b)(
6)(
iii)
of
this
section.
Acceptable
leachate
monitoring/
collection
systems
shall
be
any
of
the
following
designs,
unless
a
waiver
is
obtained
pursuant
to
paragraph
(
c)(
4)
of
this
section.

(
i)
Simple
leachate
collection.
This
system
consists
of
a
gravity
flow
drainfield
installed
above
the
waste
disposal
unit
liner.
This
design
is
recommended
for
use
when
semi­
solid
or
leachable
solid
wastes
are
placed
in
a
lined
pit
excavated
into
a
relatively
thick,
unsaturated,
homogenous
layer
of
low
permeability
soil.

(
ii)
Compound
leachate
collection.
This
system
consists
of
a
gravity
flow
drainfield
installed
above
the
waste
disposal
unit
liner
and
above
a
secondary
installed
liner.
This
design
is
recommended
for
use
when
semi­
liquid
or
leachable
solid
wastes
are
placed
in
a
lined
pit
excavated
into
relatively
permeable
soil.

(
iii)
Suction
lysimeters.
This
system
consists
of
a
network
of
porous
ceramic
cups
connected
by
hoses/
tubing
to
a
vacuum
pump.
The
porous
ceramic
cups
or
suction
lysimeters
are
installed
along
the
sides
and
under
the
bottom
of
the
waste
disposal
unit
liner.
This
type
of
system
works
best
when
installed
in
a
relatively
permeable
unsaturated
soil
immediately
adjacent
to
the
bottom
and/
or
sides
of
the
disposal
facility.

(
8)
Chemical
waste
landfill
operations.
(
i)
PCBs
and
PCB
Items
shall
be
placed
in
a
landfill
in
a
manner
that
will
prevent
damage
to
containers
or
articles.
Other
wastes
placed
in
the
landfill
that
are
not
chemically
compatible
with
PCBs
and
PCB
Items
including
organic
solvents
shall
be
segregated
from
the
PCBs
throughout
the
waste
handling
and
disposal
process.

(
ii)
An
operation
plan
shall
be
developed
and
submitted
to
the
Regional
Administrator
for
approval
as
required
in
paragraph
(
c)
of
this
section.
This
plan
shall
include
detailed
explanations
of
the
procedures
to
be
used
for
recordkeeping,
surface
water
handling
procedures,
excavation
and
backfilling,
waste
segregation
burial
coordinates,
vehicle
and
equipment
movement,
use
of
roadways,
leachate
collection
systems,
sampling
and
monitoring
procedures,
monitoring
wells,
environmental
emergency
contingency
plans,
and
security
measures
to
protect
against
vandalism
and
unauthorized
waste
placements.
EPA
guidelines
entitled
"
Thermal
Processing
and
Land
Disposal
of
Solid
Waste"
(
39
FR
29337,
Aug.
14,
1974)
are
a
useful
reference
in
preparation
of
this
plan.
If
the
facility
is
to
be
used
to
dispose
of
liquid
wastes
containing
between
50
ppm
and
500
ppm
PCB,
the
operations
plan
must
include
procedures
to
determine
that
liquid
PCBs
to
be
disposed
of
at
the
landfill
do
not
exceed
500
ppm
PCB
and
measures
to
prevent
the
migration
of
PCBs
from
the
landfill.
Bulk
liquids
not
exceeding
500
ppm
PCBs
may
be
disposed
of
provided
such
waste
is
pretreated
and/
or
stabilized
(
e.
g.,
chemically
fixed,
evaporated,
mixed
with
dry
inert
absorbant)
to
reduce
its
liquid
content
or
increase
its
solid
content
so
that
a
non­
flowing
consistency
is
achieved
to
eliminate
the
presence
of
free
liquids
prior
to
final
disposal
in
a
landfill.
PCB
Container
of
liquid
PCBs
with
a
concentration
between
50
and
500
ppm
PCB
may
be
disposed
of
if
each
container
is
surrounded
by
an
amount
of
inert
sorbant
material
capable
of
absorbing
all
of
the
liquid
contents
of
the
container.

(
iii)
Ignitable
wastes
shall
not
be
disposed
of
in
chemical
waste
landfills.
Liquid
ignitable
wastes
are
wastes
that
have
a
flash
point
less
than
60
degrees
C
(
140
degrees
F)
as
determined
by
the
following
method
or
an
equivalent
method:
Flash
point
of
liquids
shall
be
determined
by
a
Pensky­
Martens
Closed
Cup
Tester,
using
the
protocol
specified
in
ASTM
D
93
 
90,
or
the
Setaflash
Closed
Tester
using
the
protocol
specified
in
ASTM
Standard
D
 
3278
 
89.

(
iv)
Records
shall
be
maintained
for
all
PCB
disposal
operations
and
shall
include
information
on
the
PCB
concentration
in
liquid
wastes
and
the
three
dimensional
burial
coordinates
for
PCBs
and
PCB
Items.
Additional
records
shall
be
developed
and
maintained
as
required
in
§
761.180.

(
9)
Supporting
facilities.
(
i)
A
six
foot
woven
mesh
fence,
wall,
or
similar
device
shall
be
placed
around
the
site
to
prevent
unauthorized
persons
and
animals
from
entering.
(
ii)
Roads
shall
be
maintained
to
and
within
the
site
which
are
adequate
to
support
the
operation
and
maintenance
of
the
site
without
causing
safety
or
nuisance
problems
or
hazardous
conditions.

(
iii)
The
site
shall
be
operated
and
maintained
in
a
manner
to
prevent
safety
problems
or
hazardous
conditions
resulting
from
spilled
liquids
and
windblown
materials.

(
c)
Approval
of
chemical
waste
landfills.
Prior
to
the
disposal
of
any
PCBs
and
PCB
Items
in
a
chemical
waste
landfill,
the
owner
or
operator
of
the
landfill
shall
receive
written
approval
of
the
Agency
Regional
Administrator
for
the
Region
in
which
the
landfill
is
located.
The
approval
shall
be
obtained
in
the
following
manner:

(
1)
Initial
report.
The
owner
or
operator
shall
submit
to
the
Regional
Administrator
an
initial
report
which
contains:

(
i)
The
location
of
the
landfill;

(
ii)
A
detailed
description
of
the
landfill
including
general
site
plans
and
design
drawings;

(
iii)
An
engineering
report
describing
the
manner
is
which
the
landfill
complies
with
the
requirements
for
chemical
waste
landfills
specified
in
paragraph
(
b)
of
this
section;

(
iv)
Sampling
and
monitoring
equipment
and
facilities
available;

(
v)
Expected
waste
volumes
of
PCBs;

(
vi)
General
description
of
waste
materials
other
than
PCBs
that
are
expected
to
be
disposed
of
in
the
landfill;

(
vii)
Landfill
operations
plan
as
required
in
paragraph
(
b)
of
this
section;

(
viii)
Any
local,
State,
or
Federal
permits
or
approvals;
and
(
ix)
Any
schedules
or
plans
for
complying
with
the
approval
requirements
of
these
regulations.

(
2)
Other
information.
In
addition
to
the
information
contained
in
the
report
described
in
paragraph
(
c)(
1)
of
this
section,
the
Regional
Administrator
may
require
the
owner
or
operator
to
submit
any
other
information
that
the
Regional
Administrator
finds
to
be
reasonably
necessary
to
determine
whether
a
chemical
waste
landfill
should
be
approved.
Such
other
information
shall
be
restricted
to
the
types
of
information
required
in
paragraphs
(
c)(
1)
(
i)
through
(
ix)
of
this
section.

(
3)
Contents
of
approval.
(
i)
Except
as
provided
in
paragraph
(
c)(
4)
of
this
section
the
Regional
Administrator
may
not
approve
a
chemical
waste
landfill
for
the
disposal
of
PCBs
and
PCB
Items,
unless
he
finds
that
the
landfill
meets
all
of
the
requirements
of
paragraph
(
b)
of
this
section.

(
ii)
In
addition
to
the
requirements
of
paragraph
(
b)
of
this
section,
the
Regional
Administrator
may
include
in
an
approval
any
other
requirements
or
provisions
that
the
Regional
Administrator
finds
are
necessary
to
ensure
that
operation
of
the
chemical
waste
landfill
does
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
from
PCBs.
Such
provisions
may
include
a
fixed
period
of
time
for
which
the
approval
is
valid.

The
approval
may
also
include
a
stipulation
that
the
operator
of
the
chemical
waste
landfill
report
to
the
Regional
Administrator
any
instance
when
PCBs
are
detectable
during
monitoring
activities
conducted
pursuant
to
paragraph
(
b)(
6)
of
this
section.

(
4)
Waivers.
An
owner
or
operator
of
a
chemical
waste
landfill
may
submit
evidence
to
the
Regional
Administrator
that
operation
of
the
landfill
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
from
PCBs
when
one
or
more
of
the
requirements
of
paragraph
(
b)
of
this
section
are
not
met.
On
the
basis
of
such
evidence
and
any
other
available
information,
the
Regional
Administrator
may
in
his
discretion
find
that
one
or
more
of
the
requirements
of
paragraph
(
b)
of
this
section
is
not
necessary
to
protect
against
such
a
risk
and
may
waive
the
requirements
in
any
approval
for
that
landfill.
Any
finding
and
waiver
under
this
paragraph
will
be
stated
in
writing
and
included
as
part
of
the
approval.

(
5)
Persons
approved.
Any
approval
will
designate
the
persons
who
own
and
who
are
authorized
to
operate
the
chemical
waste
landfill,
and
will
apply
only
to
such
persons,
except
as
provided
by
paragraph
(
c)(
7)
of
this
section.

(
6)
Final
approval.
Approval
of
a
chemical
waste
landfill
will
be
in
writing
and
will
be
signed
by
the
Regional
Administrator.
The
approval
will
state
all
requirements
applicable
to
the
approved
landfill.

(
7)
Transfer
of
property.
Any
person
who
owns
or
operates
an
approved
chemical
waste
landfill
must
notify
EPA
at
least
30
days
before
transferring
ownership
in
the
property
or
transferring
the
right
to
conduct
the
chemical
waste
landfill
operation.
The
transferor
must
also
submit
to
EPA,
at
least
30
days
before
such
transfer,
a
notarized
affidavit
signed
by
the
transferee
which
states
that
the
transferee
will
abide
by
the
transferor's
EPA
chemical
waste
landfill
approval.
Within
30
days
of
receiving
such
notification
and
affidavit,
EPA
will
issue
an
amended
approval
substituting
the
transferee's
name
for
the
transferor's
name,
or
EPA
may
require
the
transferee
to
apply
for
a
new
chemical
waste
landfill
approval.
In
the
latter
case,
the
transferee
must
abide
by
the
transferor's
EPA
approval
until
EPA
issues
the
new
approval
to
the
transferee.

(
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
48
FR
5730,
Feb.
8,
1983;
49
FR
28191,
July
10,
1984;
53
FR
12524,
Apr.
15,
1988;
53
FR
21641,
June
9,
1988;
57
FR
13323,
Apr.
16,
1992;
63
FR
35456,
June
29,
1998]
§
761.77
Coordinated
approval.

(
a)
General
requirements.
Notwithstanding
any
other
provision
of
this
part,
the
EPA
Regional
Administrator
for
the
Region
in
which
a
PCB
disposal
or
PCB
commercial
storage
facility
described
in
paragraphs
(
b)
and
(
c)
of
this
section
is
located
may
issue
a
TSCA
PCB
Coordinated
Approval
to
the
persons
described
in
those
paragraphs
if
the
conditions
listed
in
this
section
are
met.
A
TSCA
PCB
Coordinated
Approval
will
designate
the
persons
who
own
and
who
are
authorized
to
operate
the
facilities
described
in
paragraphs
(
b)
and
(
c)
of
this
section
and
will
apply
only
to
such
persons.
All
requirements,
conditions,
and
limitations
of
any
other
permit
or
waste
management
document
cited
or
described
in
paragraphs
(
b)
and
(
c)
of
this
section,
as
the
technical
or
legal
basis
on
which
the
TSCA
PCB
Coordinated
Approval
is
issued,
are
conditions
of
the
TSCA
PCB
Coordinated
Approval.

(
1)
Persons
seeking
a
TSCA
PCB
Coordinated
Approval
shall
submit
a
request
for
approval
by
certified
mail,
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
activity
will
take
place.
Persons
seeking
a
TSCA
PCB
Coordinated
Approval
for
a
new
PCB
activity
shall
submit
the
request
for
approval
at
the
same
time
they
seek
a
permit,
approval,
or
other
action
for
a
PCB
waste
management
activity
under
any
other
Federal
or
State
authority.

(
i)
The
request
for
a
TSCA
PCB
Coordinated
Approval
shall
include
a
copy
of
the
letter
from
EPA
announcing
or
confirming
the
EPA
identification
number
issued
to
the
facility
for
conducting
PCB
activities;
the
name,
organization,
and
telephone
number
of
the
person
who
is
the
contact
point
for
the
non­
TSCA
Federal
or
State
waste
management
authority;
a
copy
of
the
relevant
permit
or
waste
management
document
specified
in
paragraphs
(
b)
and
(
c)
of
this
section,
including
all
requirements,
conditions,
and
limitations,
if
the
EPA
Regional
Administrator
does
not
have
a
copy
of
the
document,
or
a
description
of
the
waste
management
activities
to
be
conducted
if
a
permit
or
other
relevant
waste
management
document
has
not
been
issued;
and
a
certification
that
the
person
who
owns
or
operates
the
facility
is
aware
of
and
will
adhere
to
the
TSCA
PCB
reporting
and
recordkeeping
requirements
at
subparts
J
and
K
of
this
part.

(
ii)
The
EPA
Regional
Administrator
shall
review
the
request
for
completeness,
for
compliance
with
the
requirements
of
paragraphs
(
b)
and
(
c)
of
this
section,
and
to
ensure
that
the
PCB
activity
for
which
approval
is
requested
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
The
EPA
Regional
Administrator
shall
either:

(
A)
Issue
a
written
notice
of
deficiency
explaining
why
the
request
for
approval
is
deficient.
If
appropriate,
the
EPA
Regional
Administrator
may
either:

(
1)
Request
additional
information
to
cure
the
deficiency.

(
2)
Deny
the
request
for
a
TSCA
PCB
Coordinated
Approval.

(
B)
Issue
a
letter
granting
or
denying
the
TSCA
PCB
Coordinated
Approval.
If
the
EPA
Regional
Administrator
grants
the
TSCA
PCB
Coordinated
Approval,
he
or
she
may
acknowledge
the
non­
TSCA
approval
meets
the
regulatory
requirements
under
TSCA
as
written,
or
require
additional
conditions
the
EPA
Regional
Administrator
has
determined
are
necessary
to
prevent
unreasonable
risk
of
injury
to
health
or
the
environment.

(
C)
If
the
EPA
Regional
Administrator
denies
a
request
for
a
Coordinated
Approval
under
paragraphs
(
a)(
1)(
ii)(
A)
or
(
a)(
1)(
ii)(
B)
of
this
section,
the
person
who
requested
the
TSCA
PCB
Coordinated
Approval
may
submit
an
application
for
a
TSCA
Disposal
Approval.

(
2)
The
EPA
Regional
Administrator
may
issue
a
notice
of
deficiency,
revoke
the
TSCA
PCB
Coordinated
Approval,
require
the
person
to
whom
the
TSCA
PCB
Coordinated
Approval
was
issued
to
submit
an
application
for
a
TSCA
PCB
approval,
or
bring
an
enforcement
action
under
TSCA
if
he
or
she
determines
that:

(
i)
Conditions
of
the
approval
relating
to
PCB
waste
management
activities
are
not
met.

(
ii)
The
PCB
waste
management
process
is
being
operated
in
a
manner
which
may
result
in
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
iii)
The
non­
TSCA
approval
expires,
is
revoked,
is
suspended,
or
otherwise
ceases
to
be
in
full
effect.

(
3)
Any
person
with
a
TSCA
PCB
Coordinated
Approval
must
notify
the
EPA
Regional
Administrator
in
writing
within
5
calendar
days
of
changes
relating
to
PCB
waste
requirements
in
the
non­
TSCA
waste
management
document
which
serves
as
the
basis
for
a
TSCA
PCB
Coordinated
Approval.
Changes
in
the
ownership
of
a
commercial
storage
facility
which
holds
a
TSCA
PCB
Coordinated
Approval
shall
be
handled
pursuant
to
§
761.65(
j).

(
b)
Any
person
who
owns
or
operates
a
facility
that
he
or
she
intends
to
use
to
landfill
PCB
wastes;
incinerate
PCB
wastes;
dispose
of
PCB
wastes
using
an
alternative
disposal
method
that
is
equivalent
to
disposal
in
an
incinerator
approved
under
§
761.70
or
a
high
efficiency
boiler
operating
in
compliance
with
§
761.71;
or
stores
PCB
wastes
may
apply
for
a
TSCA
PCB
Coordinated
Approval.
The
EPA
Regional
Administrator
may
approve
the
request
if
the
EPA
Regional
Administrator
determines
that
the
activity
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment
and
the
person:

(
1)(
i)
Has
a
waste
management
permit
or
other
decision
or
enforcement
document
which
exercises
control
over
PCB
wastes,
issued
by
EPA
or
an
authorized
State
Director
for
a
State
program
that
has
been
approved
by
EPA
and
is
no
less
stringent
in
protection
of
health
or
the
environment
than
the
applicable
TSCA
requirements
found
in
this
part;
or
(
ii)
Has
a
PCB
waste
management
permit
or
other
decision
or
enforcement
document
issued
by
a
State
Director
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;
or
(
iii)
Is
subject
to
a
waste
management
permit
or
other
decision
or
enforcement
document
which
is
applicable
to
the
disposal
of
PCBs
and
which
was
issued
through
the
promulgation
of
a
regulation
published
in
Title
40
of
the
Code
of
Federal
Regulations.

(
2)
Complies
with
the
terms
and
conditions
of
the
permit
or
other
decision
or
enforcement
document
described
in
paragraph
(
b)(
1)
of
this
section.

(
3)
Unless
otherwise
waived
or
modified
in
writing
by
the
EPA
Regional
Administrator,
complies
with
§
761.75(
b);
§
761.70(
a)(
1)
through
(
a)(
9),
(
b)(
1)
and
(
b)(
2),
and
(
c);
or
the
PCB
storage
requirements
at
§
§
761.65(
a),
(
c),
and
(
d)(
2),
as
appropriate.

(
4)
Complies
with
the
reporting
and
recordkeeping
requirements
in
subparts
J
and
K
of
this
part.

(
c)
A
person
conducting
research
and
development
(
R&
D)
into
PCB
disposal
methods
(
regardless
of
PCB
concentration),
or
conducting
PCB
remediation
activities
may
apply
for
a
TSCA
PCB
Coordinated
Approval.
The
EPA
Regional
Administrator
may
approve
the
request
if
the
EPA
Regional
Administrator
determines
that
the
activity
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment
and
the
person:

(
1)(
i)
Has
a
permit
or
other
decision
and
enforcement
document
issued
or
otherwise
agreed
to
by
EPA,
or
permit
or
other
decision
and
enforcement
document
issued
by
an
authorized
State
Director
for
a
State
program
that
has
been
approved
by
EPA,
which
exercises
control
over
the
management
of
PCB
wastes,
and
that
person
is
in
compliance
with
all
terms
and
conditions
of
that
document;
or
(
ii)
Has
a
permit,
which
exercises
control
over
the
management
of
PCB
wastes,
issued
by
a
State
Director
pursuant
to
a
State
PCB
disposal
program
no
less
stringent
than
the
requirements
in
this
part.

(
2)
Complies
with
the
terms
and
conditions
of
that
permit
or
other
decision
and
enforcement
document.

(
3)
Complies
with
the
reporting
and
recordkeeping
requirements
in
subparts
J
and
K
of
this
part.

[
63
FR
35456,
June
29,
1998]

§
761.79
Decontamination
standards
and
procedures.

(
a)
Applicability.
This
section
establishes
decontamination
standards
and
procedures
for
removing
PCBs,
which
are
regulated
for
disposal,
from
water,
organic
liquids,
non­
porous
surfaces
(
including
scrap
metal
from
disassembled
electrical
equipment),
concrete,
and
non­
porous
surfaces
covered
with
a
porous
surface,
such
as
paint
or
coating
on
metal.

(
1)
Decontamination
in
accordance
with
this
section
does
not
require
a
disposal
approval
under
subpart
D
of
this
part.

(
2)
Materials
from
which
PCBs
have
been
removed
by
decontamination
in
accordance
with
this
section
may
be
distributed
in
commerce
in
accordance
with
§
761.20(
c)(
5).

(
3)
Materials
from
which
PCBs
have
been
removed
by
decontamination
in
accordance
with
this
section
may
be
used
or
reused
in
accordance
with
§
761.30(
u).

(
4)
Materials
from
which
PCBs
have
been
removed
by
decontamination
in
accordance
with
this
section,
not
including
decontamination
waste
and
residuals
under
paragraph
(
g)
of
this
section,
are
unregulated
for
disposal
under
subpart
D
of
this
part.

(
5)
Any
person
decontaminating
porous
surfaces
other
than
concrete
under
paragraph
(
b)(
4)
of
this
section
and
non­
porous
surfaces
covered
with
a
porous
surface,
such
as
paint
or
coating
on
metal,
under
paragraph
(
b)(
3)
or
(
c)(
6)
of
this
section
must
obtain
an
alternative
decontamination
approval
in
accordance
with
paragraph
(
h)
of
this
section.

(
6)
Any
person
engaging
in
decontamination
under
this
section
is
responsible
for
determining
and
complying
with
all
other
applicable
Federal,
State,
and
local
laws
and
regulations.

(
b)
Decontamination
standards.
Chopping
(
including
wire
chopping),
distilling,
filtering,
oil/
water
separation,
spraying,
soaking,
wiping,
stripping
of
insulation,
scraping,
scarification
or
the
use
of
abrasives
or
solvents
may
be
used
to
remove
or
separate
PCBs,
to
the
following
standards,
from
liquids,
concrete,
or
non­
porous
surfaces.

(
1)
The
decontamination
standard
for
water
containing
PCBs
is:

(
i)
Less
than
200

g/
L
(
i.
e.,
<
200
ppb
PCBs)
for
non­
contact
use
in
a
closed
system
where
there
are
no
releases;

(
ii)
For
water
discharged
to
a
treatment
works
(
as
defined
in
§
503.9(
aa)
of
this
chapter)
or
to
navigable
waters,
<
3

g/
L
(
approximately
<
3
ppb)
or
a
PCB
discharge
limit
included
in
a
permit
issued
under
section
307(
b)
or
402
of
the
Clean
Water
Act;
or
(
iii)
Less
than
or
equal
to
0.5

g/
L
(
i.
e.,
approximately

0.5
ppb
PCBs)
for
unrestricted
use.

(
2)
The
decontamination
standard
for
organic
liquids
and
non­
aqueous
inorganic
liquids
containing
PCBs
is
<
2
milligrams
per
kilogram
(
i.
e.,
<
2
ppm
PCBs).

(
3)
The
decontamination
standard
for
non­
porous
surfaces
in
contact
with
liquid
and
non­
liquid
PCBs
is:

(
i)
For
unrestricted
use:

(
A)
For
non­
porous
surfaces
previously
in
contact
with
liquid
PCBs
at
any
concentration,
where
no
free­
flowing
liquids
are
currently
present,

10
micrograms
PCBs
per
100
square
centimeters
(

10

g/
100
cm2)
as
measured
by
a
standard
wipe
test
(
§
761.123)
at
locations
selected
in
accordance
with
subpart
P
of
this
part.
(
B)
For
non­
porous
surfaces
in
contact
with
non­
liquid
PCBs
(
including
non­
porous
surfaces
covered
with
a
porous
surface,
such
as
paint
or
coating
on
metal),
cleaning
to
Visual
Standard
No.
2,
Near­
White
Blast
Cleaned
Surface
Finish,
of
the
National
Association
of
Corrosion
Engineers
(
NACE).
A
person
shall
verify
compliance
with
standard
No.
2
by
visually
inspecting
all
cleaned
areas.

(
ii)
For
disposal
in
a
smelter
operating
in
accordance
with
§
761.72(
b):

(
A)
For
non­
porous
surfaces
previously
in
contact
with
liquid
PCBs
at
any
concentration,
where
no
free­
flowing
liquids
are
currently
present,
<
100

g/
100
cm2
as
measured
by
a
standard
wipe
test
(
§
761.123)
at
locations
selected
in
accordance
with
subpart
P
of
this
part.

(
B)
For
non­
porous
surfaces
in
contact
with
non­
liquid
PCBs
(
including
non­
porous
surfaces
covered
with
a
porous
surface,
such
as
paint
or
coating
on
metal),
cleaning
to
Visual
Standard
No.
3,
Commercial
Blast
Cleaned
Surface
Finish,
of
the
National
Association
of
Corrosion
Engineers
(
NACE).
A
person
shall
verify
compliance
with
standard
No.
3
by
visually
inspecting
all
cleaned
areas.

(
4)
The
decontamination
standard
for
concrete
is

10

g/
100
cm2
as
measured
by
a
standard
wipe
test
(
§
761.123)
if
the
decontamination
procedure
is
commenced
within
72
hours
of
the
initial
spill
of
PCBs
to
the
concrete
or
portion
thereof
being
decontaminated.

(
c)
Self­
implementing
decontamination
procedures.
The
following
self­
implementing
decontamination
procedures
are
available
as
an
alternative
to
the
measurement­
based
decontamination
methods
specified
in
paragraph
(
b)
of
this
section.
Any
person
performing
self­
implementing
decontamination
must
comply
with
one
of
the
following
procedures.

(
1)
Any
person
decontaminating
a
PCB
Container
must
do
so
by
flushing
the
internal
surfaces
of
the
container
three
times
with
a
solvent
containing
<
50
ppm
PCBs.
Each
rinse
shall
use
a
volume
of
the
flushing
solvent
equal
to
approximately
10
percent
of
the
PCB
Container
capacity.

(
2)
Any
person
decontaminating
movable
equipment
contaminated
by
PCBs,
tools,
and
sampling
equipment
may
do
so
by:

(
i)
Swabbing
surfaces
that
have
contacted
PCBs
with
a
solvent;

(
ii)
A
double
wash/
rinse
as
defined
in
subpart
S
of
this
part;
or
(
iii)
Another
applicable
decontamination
procedure
in
this
section.

(
3)
Any
person
decontaminating
a
non­
porous
surface
in
contact
with
free­
flowing
mineral
oil
dielectric
fluid
(
MODEF)
at
levels

10,000
ppm
PCBs
must
do
so
as
follows:

(
i)
Drain
the
free­
flowing
MODEF
and
allow
the
residual
surfaces
to
drain
for
an
additional
15
hours.
(
ii)
Dispose
of
drained
MODEF
according
to
paragraph
(
g)
of
this
section.

(
iii)
Soak
the
surfaces
to
be
decontaminated
in
a
sufficient
amount
of
clean
(
containing
<
2
ppm
PCBs)
performance­
based
organic
decontamination
fluid
(
PODF)
such
that
there
is
a
minimum
of
800
ml
of
PODF
for
each
100
cm2
of
contaminated
or
potentially
contaminated
surface
for
at
least
15
hours
at

20
°
C.

(
iv)
Approved
PODFs
include:

(
A)
Kerosene.

(
B)
Diesel
fuel.

(
C)
Terpene
hydrocarbons.

(
D)
Mixtures
of
terpene
hydrocarbons
and
terpene
alcohols.

(
v)
Drain
the
PODF
from
the
surfaces.

(
vi)
Dispose
of
the
drained
PODF
in
accordance
with
paragraph
(
g)
of
this
section.

(
4)
Any
person
decontaminating
a
non­
porous
surface
in
contact
with
free­
flowing
MODEF
containing
>
10,000
ppm
PCB
in
MODEF
or
askarel
PCB
(
up
to
70
percent
PCB
in
a
mixture
of
trichlorobenzenes
and
tetrachlorobenzenes)
must
do
so
as
follows:

(
i)
Drain
the
free­
flowing
MODEF
or
askarel
and
allow
the
residual
surfaces
to
drain
for
an
additional
15
hours.

(
ii)
Dispose
of
drained
MODEF
or
askarel
according
to
paragraph
(
g)
of
this
section.

(
iii)
Soak
the
surfaces
to
be
decontaminated
in
a
sufficient
amount
of
clean
PODF
(
containing
<
2
ppm
PCBs)
such
that
there
is
a
minimum
of
800
ml
of
PODF
for
each
100
cm2
of
contaminated
or
potentially
contaminated
surface
for
at
least
15
hours
at

20
°
C.

(
iv)
Approved
PODFs
include:

(
A)
Kerosene.

(
B)
Diesel
fuel.

(
C)
Terpene
hydrocarbons.

(
D)
Mixtures
of
terpene
hydrocarbons
and
terpene
alcohols.

(
v)
Drain
the
PODF
from
the
surfaces.
(
vi)
Dispose
of
the
drained
PODF
in
accordance
with
paragraph
(
g)
of
this
section.

(
vii)
Resoak
the
surfaces
to
be
decontaminated,
pursuant
to
paragraph
(
c)(
3)(
iii)
of
this
section,
in
a
sufficient
amount
of
clean
PODF
(
containing
<
2
ppm
PCBs)
such
that
there
is
a
minimum
of
800
ml
of
PODF
for
each
100
cm2
of
surface
for
at
least
15
hours
at

20
°
C.

(
viii)
Drain
the
PODF
from
the
surfaces.

(
ix)
Dispose
of
the
drained
PODF
in
accordance
with
paragraph
(
g)
of
this
section.

(
5)
Any
person
decontaminating
piping
and
air
lines
in
an
air
compressor
system
must
do
so
as
follows:

(
i)
Before
decontamination
proceeds,
disconnect
or
bypass
the
air
compressors
and
air
dryers
from
the
piping
and
air
lines
and
decontaminate
the
air
compressors
and
air
dryers
separately
in
accordance
with
paragraphs
(
b),
(
c)(
1)
through
(
c)(
4),
or
(
c)(
6)
of
this
section.
Dispose
of
filter
media
and
desiccant
in
the
air
dyers
based
on
their
existing
PCB
concentration.

(
ii)
Test
the
connecting
line
and
appurtenances
of
the
system
to
assure
that
there
is
no
leakage.
Test
by
introducing
air
into
the
closed
system
at
from
90
to
100
pounds
per
square
inch
(
psi).
Only
if
there
is
a
pressure
drop
of
<
5
psi
in
30
minutes
may
decontamination
take
place.

(
iii)
When
there
is
no
leakage,
fill
the
piping
and
air
lines
with
clean
(
containing
<
2
ppm
PCBs)
solvent.
Solvents
include
PODF,
aqueous
potassium
hydroxide
at
a
pH
between
9
and
12,
or
water
containing
5
percent
sodium
hydroxide
by
weight.

(
iv)
Circulate
the
solvent
to
achieve
turbulent
flow
through
the
piping
and
air
lines
in
the
air
compressor
system
until
the
total
volume
of
solvent
circulated
equals
10
times
the
total
volume
of
the
particular
article
being
decontaminated,
then
drain
the
solvent.
Calculate
the
total
volume
of
solvent
circulated
by
multiplying
the
pump
rate
by
the
time
of
pumping.
Turbulent
flow
means
a
Reynolds
number
range
from
20,000
to
43,000.
Refill
the
system
with
clean
solvent
and
repeat
the
circulation
and
drain
process.

(
6)
Any
person
using
thermal
processes
to
decontaminate
metal
surfaces
in
contact
with
PCBs,
as
required
by
§
761.62(
a)(
6),
must
use
one
of
the
following
options:

(
i)
Surfaces
in
contact
with
liquid
and
non­
liquid
PCBs
at
concentrations
<
500
ppm
may
be
decontaminated
in
a
scrap
metal
recovery
oven
or
smelter
for
purposes
of
disposal
in
accordance
with
§
761.72.

(
ii)
Surfaces
in
contact
with
liquid
or
non­
liquid
PCBs
at
concentrations
<
500
ppm
may
be
smelted
in
a
smelter
operating
in
accordance
with
§
761.72(
b),
but
must
first
be
decontaminated
in
accordance
with
§
761.72(
a)
or
to
a
surface
concentration
of
<
100

g/
100
cm2.

(
d)
Decontamination
solvents.
(
1)
Unless
otherwise
provided
in
paragraphs
(
c)(
3)
through
(
c)(
5)
of
this
section,
the
solubility
of
PCBs
in
any
solvent
used
for
purposes
of
decontamination
under
this
section
must
be
5
percent
or
more
by
weight.

(
2)
The
solvent
may
be
reused
for
decontamination
so
long
as
its
PCB
concentration
is
<
50
ppm.

(
3)
Solvent
shall
be
disposed
of
under
paragraph
(
g)
of
this
section.

(
4)
Other
than
as
allowed
in
paragraphs
(
c)(
3)
and
(
c)(
4)
of
this
section,
solvents
may
be
tested
and
validated
for
performance­
based
decontamination
of
non­
porous
surfaces
contaminated
with
MODEF
or
other
PCB
liquids,
in
accordance
with
the
self­
implementing
procedures
found
in
subpart
T
of
this
part.
Specific
conditions
for
the
performance­
based
testing
from
this
validation
are
determined
in
the
validation
study.

(
e)
Limitation
of
exposure
and
control
of
releases.
(
1)
Any
person
conducting
decontamination
activities
under
this
section
shall
take
necessary
measures
to
protect
against
direct
release
of
PCBs
to
the
environment
from
the
decontamination
area.

(
2)
Persons
participating
in
decontamination
activities
shall
wear
or
use
protective
clothing
or
equipment
to
protect
against
dermal
contact
or
inhalation
of
PCBs
or
materials
containing
PCBs.

(
f)
Sampling
and
recordkeeping.
(
1)
Confirmatory
sampling
is
required
under
paragraph
(
b)
of
this
section.
For
liquids
described
in
paragraphs
(
b)(
1)
and
(
b)(
2)
of
this
section,
sample
in
accordance
with
§
§
761.269
and
761.272.
For
non­
porous
surfaces
and
concrete
described
in
paragraphs
(
b)(
3)
and
(
b)(
4)
of
this
section,
sample
in
accordance
with
subpart
P
of
this
part.
A
written
record
of
such
sampling
must
be
established
and
maintained
for
3
years
from
the
date
of
any
decontamination
under
this
section.
The
record
must
show
sampling
locations
and
analytical
results
and
must
be
retained
at
the
site
of
the
decontamination
or
a
copy
of
the
record
must
be
made
available
to
EPA
in
a
timely
manner,
if
requested.
In
addition,
recordkeeping
is
required
in
accordance
with
§
761.180(
a)
for
all
wastes
generated
by
a
decontamination
process
and
regulated
for
disposal
under
this
subpart.

(
2)
Confirmatory
sampling
is
not
required
for
self­
implementing
decontamination
procedures
under
paragraph
(
c)
of
this
section.
Any
person
using
these
procedures
must
retain
a
written
record
documenting
compliance
with
the
procedures
for
3
years
after
completion
of
the
decontamination
procedures
(
e.
g.,
video
recordings,
photographs).

(
g)
Decontamination
waste
and
residues.
Decontamination
waste
and
residues
shall
be
disposed
of
at
their
existing
PCB
concentration
unless
otherwise
specified.

(
1)
Distillation
bottoms
or
residues
and
filter
media
are
regulated
for
disposal
as
PCB
remediation
waste.

(
2)
PCBs
physically
separated
from
regulated
waste
during
decontamination
(
such
as
by
chopping,
shredding,
scraping,
abrading
or
oil/
water
separation,
as
opposed
to
solvent
rinsing
and
soaking),
other
than
wastes
described
in
paragraph
(
g)(
1)
of
this
section,
are
regulated
for
disposal
at
their
original
concentration.

(
3)
Hydrocarbon
solvent
used
or
reused
for
decontamination
under
this
section
that
contains
<
50
ppm
PCB
must
be
burned
and
marketed
in
accordance
with
the
requirements
for
used
oil
in
§
761.20(
e),
disposed
of
in
accordance
with
§
761.60(
a)
or
(
e),
or
decontaminated
pursuant
to
this
section.

(
4)
Chlorinated
solvent
at
any
PCB
concentration
used
for
decontamination
under
this
section
shall
be
disposed
of
in
an
incinerator
operating
in
compliance
with
§
761.70,
or
decontaminated
pursuant
to
this
section.

(
5)
Solvents

50
ppm
other
than
those
described
in
paragraphs
(
g)(
3)
and
(
g)(
4)
of
this
section
shall
be
disposed
of
in
accordance
with
§
761.60(
a)
or
decontaminated
pursuant
to
this
section.

(
6)
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
decontamination
shall
be
disposed
of
in
accordance
with
§
761.61(
a)(
5)(
v).

(
h)
Alternative
decontamination
or
sampling
approval.
(
1)
Any
person
wishing
to
decontaminate
material
described
in
paragraph
(
a)
of
this
section
in
a
manner
other
than
prescribed
in
paragraph
(
b)
of
this
section
must
apply
in
writing
to
the
EPA
Regional
Administrator
in
the
Region
where
the
activity
would
take
place,
for
decontamination
activity
occurring
in
a
single
EPA
Region;
or
the
Director
of
the
National
Program
Chemicals
Division,
for
decontamination
activity
occurring
in
more
than
one
EPA
Region.
Each
application
must
describe
the
material
to
be
decontaminated
and
the
proposed
decontamination
method,
and
must
demonstrate
that
the
proposed
method
is
capable
of
decontaminating
the
material
to
the
applicable
level
set
out
in
paragraphs
(
b)(
1)
through
(
b)(
4)
of
this
section.

(
2)
Any
person
wishing
to
decontaminate
material
described
in
paragraph
(
a)
of
this
section
using
a
self­
implementing
procedure
other
than
prescribed
in
paragraph
(
c)
of
this
section
must
apply
in
writing
to
the
EPA
Regional
Administrator
in
the
Region
where
the
activity
would
take
place,
for
decontamination
activity
occurring
in
a
single
EPA
Region;
or
the
Director
of
the
National
Program
Chemicals
Division,
for
decontamination
activity
occurring
in
more
than
one
EPA
Region.
Each
application
must
describe
the
material
to
be
decontaminated
and
the
proposed
self­
implementing
decontamination
method
and
must
include
a
proposed
validation
study
to
confirm
performance
of
the
method.

(
3)
Any
person
wishing
to
sample
decontaminated
material
in
a
manner
other
than
prescribed
in
paragraph
(
f)
of
this
section
must
apply
in
writing
to
the
EPA
Regional
Administrator
in
the
Region
where
the
activity
would
take
place,
for
decontamination
activity
occurring
in
a
single
EPA
Region;
or
the
Director
of
the
National
Program
Chemicals
Division,
for
decontamination
activity
occurring
in
more
than
one
EPA
Region.
Each
application
must
contain
a
description
of
the
material
to
be
decontaminated,
the
nature
and
PCB
concentration
of
the
contaminating
material
(
if
known),
the
decontamination
method,
the
proposed
sampling
procedure,
and
a
justification
for
how
the
proposed
sampling
is
equivalent
to
or
more
comprehensive
than
the
sampling
procedure
required
under
paragraph
(
f)
of
this
section.

(
4)
EPA
may
request
additional
information
that
it
believes
necessary
to
evaluate
the
application.

(
5)
EPA
will
issue
a
written
decision
on
each
application
for
risk­
based
decontamination
or
sampling.
No
person
may
conduct
decontamination
or
sampling
under
this
paragraph
prior
to
obtaining
written
approval
from
EPA.
EPA
will
approve
an
application
if
it
finds
that
the
proposed
decontamination
or
sampling
method
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.

[
63
FR
35457,
June
29,
1998,
as
amended
at
64
FR
33761,
June
24,
1999]

Subpart
E
 
Exemptions
§
761.80
Manufacturing,
processing
and
distribution
in
commerce
exemptions.

(
a)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
process
and
distribute
in
commerce
PCBs
for
use
as
a
mounting
medium
in
microscopy:

(
1)
McCrone
Accessories
Components,
Division
of
Walter
C.
McCrone
Associates,
Inc.,
2820
South
Michigan
Avenue,
Chicago,
IL.
60616.

(
2)
[
Reserved]

(
b)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
process
and
distribute
in
commerce
PCBs
for
use
as
a
mounting
medium
in
microscopy,
an
immersion
oil
in
low
fluorescence
microscopy
and
an
optical
liquid:

(
1)
R.
P.
Cargille
Laboratories,
Inc.,
55
Commerce
Road,
Cedar
Grove,
N.
J.
07009.

(
2)
[
Reserved]

(
c)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
export
PCBs
for
use
in
small
quantities
for
research
and
development:

(
1)
Accu­
Standard,
New
Haven,
CT.
06503.

(
2)
ManTech,
Research
Triangle
Park,
NC
27709.

(
d)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
import
(
manufacture)
into
the
United
States,
small
quantities
of
existing
PCB
fluids
from
electrical
equipment
for
analysis:

(
1)
Unison
Transformer
Services,
Inc.,
Tarrytown,
N.
Y.
10591,
provided
each
of
the
following
conditions
are
met:

(
i)
The
samples
must
be
shipped
in
5.0
ml
or
less,
hermetically
sealed
vials.

(
ii)
The
exemption
is
limited
to
no
more
than
250
total
samples
per
year.

(
iii)
Unison
makes
quarterly
inspections
of
its
laboratories
to
ensure
that
proper
safety
procedures
are
being
followed.

(
iv)
Unison
annually
notifies
and
describes
to
EPA
its
attempts
to
have
samples
analyzed
abroad.

(
2)
[
Reserved]

(
e)
The
Administrator
grants
a
class
exemption
to
all
research
and
development
(
R&
D)
facilities
for
a
period
of
1
year
to
manufacture
or
import
PCBs
for
use
solely
in
the
manufacturer
or
importer's
own
research
for
the
development
of
PCB
disposal
technologies.
Each
person
that
wishes
to
be
part
of
the
exemption
must
meet
the
following
conditions:

(
1)
A
petition
for
an
exemption
from
the
PCB
prohibition
on
manufacturing
PCBs
must
be
received
by
EPA
60
days
prior
to
engaging
in
these
activities.

(
2)
Requests
for
renewal
must
be
filed
pursuant
to
§
750.11
of
this
chapter.
EPA
will
deem
any
properly
filed
request
for
the
renewal
of
the
exemption
by
any
member
of
the
class
as
a
renewal
request
for
the
entire
class.

(
3)
The
quantity
of
the
PCBs
manufactured
annually
must
not
exceed
500
grams
by
total
weight
of
pure
PCBs.
Any
person
who
wishes
to
manufacture
or
import
more
than
500
grams
of
PCBs
in
1
year
must
receive
written
approval
from
the
Director,
National
Program
Chemicals
Division
to
exceed
the
limitations
established
by
this
provision.
The
Director,
National
Program
Chemicals
Division
may
grant
approval
without
further
rulemaking.
Any
increase
granted
will
be
in
writing
and
will
extend
only
for
a
maximum
of
the
time
remaining
in
a
specific
exemption
year.

(
4)
The
owner
or
operator
of
the
facility
must
notify
the
EPA
Regional
Administrator
in
writing
30
days
prior
to
the
commencement
of
R&
D
activities
that
include
the
manufacture
or
import
of
PCBs
under
the
exemption,
unless
the
facility
has
obtained
a
PCB
R&
D
approval
from
EPA
pursuant
to
§
761.60(
e),
§
761.60(
i)(
2),
§
761.70(
a),
or
§
761.70(
b)
and
the
approval
contains
a
provision
allowing
the
manufacture
of
PCBs.

(
5)
Records
are
maintained
of
their
PCB
activities
for
a
period
of
3
years
after
ceasing
operations.
The
records
must
include
the
sources
and
the
annual
amounts
of
PCBs
received
if
imported
and
the
type
and
annual
amount
of
PCBs
that
were
manufactured.

(
6)
All
PCBs
and
materials
containing
PCBs,
regardless
of
concentration,
remaining
from
the
disposal­
related
studies
must
be
disposed
of
according
to
§
761.60(
j)(
1)(
vi),
or
decontaminated
pursuant
to
§
761.79,
based
on
the
original
PCB
concentration.
(
f)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
manufacture
PCBs
for
use
in
small
quantities
for
research
and
development:

(
1)
California
Bionuclear
Corp.,
Sun
Valley,
CA
91352
(
ME
 
13).

(
2)
Foxboro
Co.,
North
Haven,
CT
06473
(
ME
 
6).

(
3)
ULTRA­
Scientific,
Inc.,
Hope,
RI
02831
(
ME
 
99.1).

(
4)
Midwest
Research
Institute,
Kansas
City,
MO
64110
(
ME
 
70.1).

(
5)
Pathfinder
Laboratories,
St.
Louis,
MO
63146
(
A
division
of
Sigma
Aldridge
Corporation,
St.
Louis,
MO,
63178
(
ME
 
76).

(
6)
Radian
Corp.,
Austin,
TX
78766
(
ME
 
81.2).

(
7)
Wellington
Sciences
USA,
College
Station,
TX
77840
(
ME
 
104.1).

(
8)
Accu­
Standard,
25
Science
Park,
New
Haven,
CT.
06503.

(
g)
The
Administrator
grants
a
class
exemption
to
all
processors
and
distributors
of
PCBs
in
small
quantities
for
research
and
development
provided
that
the
following
conditions
are
met:

(
1)
All
processors
and
distributors
must
maintain
records
of
their
PCB
activities
for
a
period
of
5
years.

(
2)
Any
person
or
company
which
expects
to
process
or
distribute
in
commerce
100
grams
(.
22
lb)
or
more
PCBs
in
1
year
must
report
to
EPA
identifying
the
sites
of
PCB
activities
and
the
quantity
of
PCBs
to
be
processed
or
distributed
in
commerce.

(
h)
The
Administrator
grants
the
following
petitioners
an
exemption
for
1
year
to
process
and
distribute
in
commerce
PCBs
for
analytical
reference
samples
derived
from
actual
waste
materials:

(
1)
R.
T.
Corporation,
Laramie,
WY
82070.

(
2)
[
Reserved]

(
i)
The
Administrator
grants
a
class
exemption
to
all
persons
who
manufacture,
import,
process,
distribute
in
commerce,
or
export
PCBs,
or
analytical
reference
samples
derived
from
PCB
waste
material,
provided
the
PCBs
are
manufactured,
imported,
processed,
distributed
in
commerce,
or
exported
solely
for
the
purpose
of
R&
D
and
the
following
conditions
are
met:

(
1)
Notification
in
the
form
of
a
petition
for
an
exemption
from
the
PCB
prohibitions
on
manufacture,
import,
processing,
distribution
in
commerce,
or
export
is
received
by
EPA
60
days
prior
to
engaging
in
these
activities.
(
2)
Requests
for
renewal
are
filed
pursuant
to
§
§
750.11
and
750.31
of
this
chapter.
EPA
will
deem
any
properly
filed
request
for
the
renewal
of
the
exemption
by
any
member
of
the
class
as
a
renewal
request
for
the
entire
class.

(
3)
The
PCBs
are
packaged
in
one
or
more
hermetically
sealed
containers
of
a
volume
of
no
more
than
5.0
ml
each.
Analytical
reference
samples
derived
from
PCB
waste
material
may
be
packaged
in
a
container
larger
than
5.0
ml
when
packaged
pursuant
to
applicable
DOT
performance
standards.

(
4)
The
quantity
of
PCBs
manufactured,
imported,
processed,
distributed
in
commerce,
or
exported
annually
must
not
exceed
500
grams
by
total
weight
of
pure
PCBs.
Any
person
who
expects
to
manufacture,
import,
process,
distribute
in
commerce,
or
export
more
than
500
grams
of
PCBs
in
1
year
or
to
exceed
the
5.0
ml
packaging
requirement
must
obtain
a
written
approval
from
the
Director,
National
Program
Chemicals
Division
and
must
identify
the
sites
of
PCB
activities
and
the
quantity
of
PCBs
to
be
manufactured,
imported,
processed,
distributed
in
commerce,
or
exported.
Each
request
must
include
a
justification.
The
Director,
National
Program
Chemicals
Division,
may
grant
approval
without
further
rulemaking.
Any
increase
granted
will
be
in
writing
and
will
extend
only
for
a
maximum
of
the
time
remaining
in
a
specific
exemption
year.

(
5)
All
treated
and
untreated
PCB
regulated
material
and
material
coming
into
contact
with
regulated
material
must
be
stored
and
disposed
of
according
to
subpart
D
of
this
part,
or
decontaminated
pursuant
to
§
761.79.

(
6)
All
PCB
materials
must
be
distributed
in
DOT­
authorized
packaging.

(
7)
Records
are
maintained
of
their
PCB
activities
for
a
period
of
3
years
after
ceasing
operations.
The
records
must
include
the
sources
and
the
annual
amounts
of
PCBs
received
if
imported,
the
annual
amount
of
PCBs
that
were
manufactured,
the
annual
amount
of
PCBs
that
were
processed
and/
or
distributed
in
commerce
(
to
include
export),
and
the
persons
to
whom
the
PCBs
were
shipped.

(
j)
The
Administrator
grants
the
following
petitions
to
import
PCBs
and
PCB
items
for
disposal
pursuant
to
this
part:

(
1)
United
States
Defense
Logistics
Agency's
January
19,
2001,
petition
for
an
exemption
for
1
year
to
import
PCBs
and
PCB
Items
stored
on
Wake
Island
and
identified
in
its
petition
for
disposal.
This
exemption
shall
expire
on
April
17,
2004.

(
2)
United
States
Defense
Logistics
Agency's
April
16,
2001,
petition
for
an
exemption
for
1
year
to
import
PCBs
and
PCB
Items
stored
or
in
use
in
Japan
and
identified
in
its
petition,
as
amended,
for
disposal.
This
exemption
shall
expire
on
April
17,
2004.

(
k)
 
(
l)
[
Reserved]
(
m)
The
Administrator
grants
the
following
petitioner(
s)
an
exemption
for
1
year
to
process
and
export
small
quantities
of
PCBs
for
research
and
development:

(
1)
Chem
Service,
Inc.,
West
Chester,
PA
19380
(
PDE
 
41).

(
2)
Foxboro
Co.,
North
Haven,
CT
06473
(
ME
 
6).

(
3)
PolyScience
Corp.,
Niles,
IL
60648
(
PDE
 
178).

(
4)
ULTRA­
Scientific,
Inc.,
Hope,
RI
02831
(
PDE
 
282.1).

(
5)
Supelco,
Inc.,
Bellefonte,
PA
16823
 
0048
(
PDE
 
41.2).

(
6)
Radian
Corp.,
Austin,
TX
78766
(
PDE
 
182.1).

(
7)
Restek
Corporation,
Bellefonte,
PA
(
n)
The
1
 
year
exemption
granted
to
petitioners
in
paragraphs
(
a)
through
(
c)(
1),
(
d),
(
f),
and
(
m)(
1)
through
(
m)(
6)
of
this
section
shall
be
renewed
automatically
as
long
as
there
is
no
increase
in
the
amount
of
PCBs
to
be
processed
and
distributed,
imported
(
manufactured),
or
exported,
nor
any
change
in
the
manner
of
processing
and
distributing,
importing
(
manufacturing),
or
exporting
of
PCBs.
If
there
is
such
a
change,
a
new
exemption
petition
must
be
submitted
to
EPA
and
it
will
be
addressed
through
an
exemption
rulemaking.
In
such
a
case,
the
activities
granted
under
the
existing
exemption
may
continue
until
the
new
petition
is
addressed
by
rulemaking,
but
must
conform
to
the
terms
of
the
existing
exemption
approved
by
EPA.
The
1
 
year
exemption
granted
to
petitioners
in
paragraphs
(
c)(
2),
(
h)
and
(
m)(
7)
of
this
section
may
be
extended
pursuant
to
40
CFR
750.11(
e)
or
750.31(
e).

(
o)
The
1
 
year
class
exemption
granted
to
all
processors
and
distributors
of
PCBs
in
small
quantities
for
research
and
development
in
paragraph
(
g)
of
this
section
shall
be
renewed
automatically
unless
information
is
submitted
affecting
EPA's
conclusion
that
the
class
exemption,
or
the
activities
of
any
individual
or
company
included
in
the
exemption,
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.
EPA
will
evaluate
the
information,
issue
a
proposed
rule
for
public
comment,
and
issue
a
final
rule
affecting
the
class
exemption
or
individuals
or
companies
included
in
the
class
exemption.
Until
EPA
issues
a
final
rule,
individuals
and
companies
included
in
the
class
exemption
will
be
allowed
to
continue
processing
and
distributing
PCBs
in
small
quantities
for
research
and
development.

[
55
FR
38999,
Sept.
24,
1990,
as
amended
at
59
FR
16998,
Apr.
11,
1994;
63
FR
35460,
June
29,
1998;
68
FR
4941,
Jan.
31,
2003]

Effective
Date
Note:
At
68
FR
4941,
Jan.
31,
2003,
§
761.80
was
amended
by
adding
paragraph
(
j),
effective
Apr.
18,
2003
and
shall
expire
on
Apr.
17,
2004.

Subpart
F
 
Transboundary
Shipments
of
PCBs
for
Disposal
Source:
61
FR
11107,
Mar.
18,
1996,
unless
otherwise
noted.

§
761.91
Applicability.

This
subpart
establishes
requirements
under
section
6
of
TSCA
applicable
to
the
transboundary
shipments
of
PCBs
and
PCB
Items
into
and
out
of
the
United
States
for
disposal.
Nothing
in
this
subpart
is
intended
to
obviate
or
otherwise
alter
obligations
applicable
to
imported
or
exported
PCBs
and
PCB
Items
under
foreign
laws,
international
agreements
or
arrangements,
other
United
States
statutes
and
regulations,
other
sections
of
TSCA
(
e.
g.,
sections
13
and
14),
or
laws
of
the
various
States
of
the
United
States.
No
provision
of
this
section
shall
be
construed
to
affect
or
limit
the
applicability
of
any
requirement
applicable
to
transporters
of
PCB
waste
under
regulations
issued
by
the
U.
S.
Department
of
Transportation
(
DOT)
and
set
forth
at
49
CFR
parts
171­
180.

§
761.93
Import
for
disposal.

(
a)
General
provisions.
No
person
may
import
PCBs
or
PCB
Items
for
disposal
without
an
exemption
issued
under
the
authority
of
TSCA
section
6(
e)(
3).

(
b)
[
Reserved]

[
63
FR
35460,
June
29,
1998]

§
761.97
Export
for
disposal.

(
a)
General
provisions.
No
person
may
export
PCBs
or
PCB
Items
for
disposal
without
an
exemption,
except
that:

(
1)
PCBs
and
PCB
Items
at
concentrations
<
50
ppm
(
or
<
10

g
PCB/
100
cm2
if
no
free­
flowing
liquids
are
present)
may
be
exported
for
disposal.

(
2)
For
the
purposes
of
this
section,
PCBs
and
PCB
Items
of
unknown
concentrations
shall
be
treated
as
if
they
contain

50
ppm
.

(
b)
[
Reserved]

[
61
FR
11107,
Mar.
18,
1996,
as
amended
at
63
FR
35460,
June
29,
1998]

§
761.99
Other
transboundary
shipments.

For
purposes
of
this
subpart,
the
following
transboundary
shipments
are
not
considered
exports
or
imports:

(
a)
PCB
waste
generated
in
the
United
States,
transported
outside
the
Customs
Territory
of
the
United
States
(
including
any
residuals
resulting
from
cleanup
of
spills
of
such
wastes
in
transit)
through
another
country
or
its
territorial
waters,
or
through
international
waters,
and
returned
to
the
United
States
for
disposal.

(
b)
PCB
waste
in
transit,
including
any
residuals
resulting
from
cleanup
of
spills
during
transit,
through
the
United
States
(
e.
g.,
from
Mexico
to
Canada,
from
Canada
to
Mexico).

(
c)
PCB
waste
transported
from
any
State
to
any
other
State
for
disposal,
regardless
of
whether
the
waste
enters
or
leaves
the
customs
territory
of
the
United
States,
provided
that
the
PCB
waste
or
the
PCBs
from
which
the
waste
was
derived
were
present
in
the
United
States
on
January
1,
1979,
and
have
remained
within
the
United
States
since
that
date.

[
63
FR
35461,
June
29,
1998,
as
amended
at
66
FR
17478,
Mar.
30,
2001]

Subpart
G
 
PCB
Spill
Cleanup
Policy
Source:
52
FR
10705,
Apr.
2,
1987,
unless
otherwise
noted.

§
761.120
Scope.

(
a)
General.
This
policy
establishes
criteria
EPA
will
use
to
determine
the
adequacy
of
the
cleanup
of
spills
resulting
from
the
release
of
materials
containing
PCBs
at
concentrations
of
50
ppm
or
greater.
The
policy
applies
to
spills
which
occur
after
May
4,
1987.

(
1)
Existing
spills
(
spills
which
occurred
prior
to
May
4,
1987,
are
excluded
from
the
scope
of
this
policy
for
two
reasons:

(
i)
For
old
spills
which
have
already
been
discovered,
this
policy
is
not
intended
to
require
additional
cleanup
where
a
party
has
already
cleaned
a
spill
in
accordance
with
requirements
imposed
by
EPA
through
its
regional
offices,
nor
is
this
policy
intended
to
interfere
with
ongoing
litigation
of
enforcement
actions
which
bring
into
issue
PCB
spills
cleanup.

(
ii)
EPA
recognizes
that
old
spills
which
are
discovered
after
the
effective
date
of
this
policy
will
require
site­
by­
site
evaluation
because
of
the
likelihood
that
the
site
involves
more
pervasive
PCB
contamination
than
fresh
spills
and
because
old
spills
are
generally
more
difficult
to
clean
up
than
fresh
spills
(
particularly
on
porous
surfaces
such
as
concrete).
Therefore,
spills
which
occurred
before
the
effective
date
of
this
policy
are
to
be
decontaminated
to
requirements
established
at
the
discretion
of
EPA,
usually
through
its
regional
offices.

(
2)
EPA
expects
most
PCB
spills
subject
to
the
TSCA
PCB
regulations
to
conform
to
the
typical
spill
situations
considered
in
developing
this
policy.
This
policy
does,
however,
exclude
from
application
of
the
final
numerical
cleanup
standards
certain
spill
situations
from
its
scope:
Spills
directly
into
surface
waters,
drinking
water,
sewers,
grazing
lands,
and
vegetable
gardens.
These
types
of
spills
are
subject
to
final
cleanup
standards
to
be
established
at
the
discretion
of
the
regional
office.
These
spills
are,
however,
subject
to
the
immediate
notification
requirements
and
measures
to
minimize
further
environmental
contamination.
(
3)
For
all
other
spills,
EPA
generally
expects
the
decontamination
standards
of
this
policy
to
apply.
Occasionally,
some
small
percentage
of
spills
covered
by
this
policy
may
warrant
more
stringent
cleanup
requirements
because
of
additional
routes
of
exposure
or
significantly
greater
exposures
than
those
assumed
in
developing
the
final
cleanup
standards
of
this
policy.
While
the
EPA
regional
offices
have
the
authority
to
require
additional
cleanup
in
these
circumstances,
the
Regional
Administrator
must
first
make
a
finding
based
on
the
specific
facts
of
a
spill
that
additional
cleanup
must
occur
to
prevent
unreasonable
risk.
In
addition,
before
a
final
decision
is
made
to
require
additional
cleanup,
the
Regional
Administrator
must
notify
the
Director,
Office
of
Pollution
Prevention
and
Toxics
at
Headquarters
of
his/
her
finding
and
the
basis
for
the
finding.

(
4)
There
may
also
be
exceptional
spill
situations
that
requires
less
stringent
cleanup
or
a
different
approach
to
cleanup
because
of
factors
associated
with
the
particular
spill.
These
factors
may
mitigate
expected
exposures
and
risks
or
make
cleanup
to
these
requirements
impracticable.

(
b)
Spills
that
may
require
more
stringent
cleanup
levels.
For
spills
within
the
scope
of
this
policy,
EPA
generally
retains,
under
§
761.135,
the
authority
to
require
additional
cleanup
upon
finding
that,
despite
good
faith
efforts
by
the
responsible
party,
the
numerical
decontamination
levels
in
the
policy
have
not
been
met.
In
addition,
EPA
foresees
the
possibility
of
exceptional
spill
situations
in
which
site­
specific
risk
factors
may
warrant
additional
cleanup
to
more
stringent
numerical
decontamination
levels
than
are
required
by
the
policy.
In
these
situations,
the
Regional
Administrator
has
the
authority
to
require
cleanup
to
levels
lower
than
those
included
in
this
policy
upon
finding
that
further
cleanup
must
occur
to
prevent
unreasonable
risk.
The
Regional
Administrator
will
consult
with
the
Director,
Office
of
Pollution
Prevention
and
Toxics,
prior
to
making
such
a
finding.

(
1)
For
example,
site­
specific
characteristics,
such
as
short
depth
to
ground
water,
type
of
soil,
or
the
presence
of
a
shallow
well,
may
pose
exceptionally
high
potential
for
ground
water
contamination
by
PCBs
remaining
after
cleanup
to
the
standards
specified
in
this
policy.
Spills
that
pose
such
a
high
degree
of
potential
for
ground
water
contamination
have
not
been
excluded
from
the
policy
under
paragraph
(
d)
of
this
section
because
the
presence
of
such
potential
may
not
be
readily
apparent.
EPA
feels
that
automatically
excluding
such
spills
from
the
scope
of
the
policy
could
result
in
the
delay
of
cleanup
 
a
particularly
undesirable
outcome
if
potential
ground
water
contamination
is,
in
fact,
a
significant
concern.

(
2)
In
those
situations,
the
Regional
Administrator
may
require
cleanup
in
addition
to
that
required
under
§
761.125
(
b)
and
(
c).
However,
the
Regional
Administrator
must
first
make
a
finding,
based
on
the
specific
facts
of
a
spill,
that
additional
cleanup
is
necessary
to
prevent
unreasonable
risk.
In
addition,
before
making
a
final
decision
on
additional
cleanup,
the
Regional
Administrator
must
notify
the
Director
of
the
Office
of
Pollution
Prevention
and
Toxics
of
his
finding
and
the
basis
for
the
finding.

(
c)
Flexibility
to
allow
less
stringent
or
alternative
requirements.
EPA
retains
the
flexibility
to
allow
less
stringent
or
alternative
decontamination
measures
based
upon
site­
specific
considerations.
EPA
will
exercise
this
flexibility
if
the
responsible
party
demonstrates
that
cleanup
to
the
numerical
decontamination
levels
is
clearly
unwarranted
because
of
risk­
mitigating
factors,
that
compliance
with
the
procedural
requirements
or
numerical
standards
in
the
policy
is
impracticable
at
a
particular
site,
or
that
site­
specific
characteristics
make
the
costs
of
cleanup
prohibitive.
The
Regional
Administrator
will
notify
the
Director
of
OPPT
of
any
decision
and
the
basis
for
the
decision
to
allow
less
stringent
cleanup.
The
purpose
of
this
notification
is
to
enable
the
Director
of
OPPT
to
ensure
consistency
of
spill
cleanup
standards
under
special
circumstances
across
the
regions.

(
d)
Excluded
spills.
(
1)
Although
the
spill
situations
in
paragraphs
(
d)(
2)
(
i)
through
(
vi)
of
this
section
are
excluded
from
the
automatic
application
of
final
decontamination
standards
under
§
761.125
(
b)
and
(
c),
the
general
requirements
under
§
761.125(
a)
do
apply
to
these
spills.
In
addition,
all
of
these
excluded
situations
require
practicable,
immediate
actions
to
contain
the
area
of
contamination.
While
these
situations
may
not
always
require
more
stringent
cleanup
measures,
the
Agency
is
excluding
these
scenarios
because
they
will
always
involve
significant
factors
that
may
not
be
adequately
addressed
by
cleanup
standards
based
upon
typical
spill
characteristics.

(
2)
For
the
spill
situations
in
paragraphs
(
d)(
2)(
i)
through
(
vi)
of
this
section,
the
responsible
party
shall
decontaminate
the
spill
in
accordance
with
site­
specific
requirements
established
by
the
EPA
regional
offices.

(
i)
Spills
that
result
in
the
direct
contamination
of
surface
waters
(
surface
waters
include,
but
are
not
limited
to,
"
waters
of
the
United
States"
as
defined
in
part
122
of
this
chapter,
ponds,
lagoons,
wetlands,
and
storage
reservoirs).

(
ii)
Spills
that
result
in
the
direct
contamination
of
sewers
or
sewage
treatment
systems.

(
iii)
Spills
that
result
in
the
direct
contamination
of
any
private
or
public
drinking
water
sources
or
distribution
systems.

(
iv)
Spills
which
migrate
to
and
contaminate
surface
waters,
sewers,
or
drinking
water
supplies
before
cleanup
has
been
completed
in
accordance
with
this
policy.

(
v)
Spills
that
contaminate
animal
grazing
lands.

(
vi)
Spills
that
contaminate
vegetable
gradens.

(
e)
Relationship
of
policy
to
other
statutes.
(
1)
This
policy
does
not
affect
cleanup
standards
or
requirements
for
the
reporting
of
spills
imposed,
or
to
be
imposed,
under
other
Federal
statutory
authorities,
including
but
not
limited
to,
the
Clean
Water
Act
(
CWA),
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
and
the
Comprehensive
Environmental
Response
Compensation
and
Liability
Act
of
1980
(
CERCLA)
as
amended
by
the
Superfund
Amendments
and
Reauthorization
Act
(
SARA).
Where
more
than
one
requirement
applies,
the
stricter
standard
must
be
met.

(
2)
The
Agency
recognizes
that
the
existence
of
this
policy
will
inevitably
result
in
attempts
to
apply
the
standards
to
situations
within
the
scope
of
other
statutory
authorities.
However,
other
statutes
require
the
Agency
to
consider
different
or
alternative
factors
in
determining
appropriate
corrective
actions.
In
addition,
the
types
and
magnitudes
of
exposures
associated
with
sites
requiring
corrective
action
under
other
statutes
often
involve
important
differences
from
those
expected
of
the
typical,
electrical
equipment­
type
spills
considered
in
developing
this
policy.
Thus,
cleanups
under
other
statutes,
such
as
RCRA
corrective
actions
or
remedial
and
response
actions
under
SARA
may
result
in
different
outcomes.

§
761.123
Definitions.

For
purposes
of
this
policy,
certain
words
and
phrases
are
used
to
denote
specific
materials,
procedures,
or
circumstances.
The
following
definitions
are
provided
for
purposes
of
clarity
and
are
not
to
be
taken
as
exhaustive
lists
of
situations
and
materials
covered
by
the
policy.

Double
wash/
rinse
means
a
minimum
requirement
to
cleanse
solid
surfaces
(
both
impervious
and
nonimpervious)
two
times
with
an
appropriate
solvent
or
other
material
in
which
PCBs
are
at
least
5
percent
soluble
(
by
weight).
A
volume
of
PCB­
free
fluid
sufficient
to
cover
the
contaminated
surface
completely
must
be
used
in
each
wash/
rinse.
The
wash/
rinse
requirement
does
not
mean
the
mere
spreading
of
solvent
or
other
fluid
over
the
surface,
nor
does
the
requirement
mean
a
once­
over
wipe
with
a
soaked
cloth.
Precautions
must
be
taken
to
contain
any
runoff
resulting
from
the
cleansing
and
to
dispose
properly
of
wastes
generated
during
the
cleansing.

High­
concentration
PCBs
means
PCBs
that
contain
500
ppm
or
greater
PCBs,
or
those
materials
which
EPA
requires
to
be
assumed
to
contain
500
ppm
or
greater
PCBs
in
the
absence
of
testing.

High­
contact
industrial
surface
means
a
surface
in
an
industrial
setting
which
is
repeatedly
touched,
often
for
relatively
long
periods
of
time.
Manned
machinery
and
control
panels
are
examples
of
high­
contact
industrial
surfaces.
High­
contact
industrial
surfaces
are
generally
of
impervious
solid
material.
Examples
of
low­
contact
industrial
surfaces
include
ceilings,
walls,
floors,
roofs,
roadways
and
sidewalks
in
the
industrial
area,
utility
poles,
unmanned
machinery,
concrete
pads
beneath
electrical
equipment,
curbing,
exterior
structural
building
components,
indoor
vaults,
and
pipes.

High­
contact
residential/
commercial
surface
means
a
surface
in
a
residential/
commercial
area
which
is
repeatedly
touched,
often
for
relatively
long
periods
of
time.
Doors,
wall
areas
below
6
feet
in
height,
uncovered
flooring,
windowsills,
fencing,
bannisters,
stairs,
automobiles,
and
children's
play
areas
such
as
outdoor
patios
and
sidewalks
are
examples
of
high­
contact
residential/
commercial
surfaces.
Examples
of
low­
contact
residential/
commercial
surfaces
include
interior
ceilings,
interior
wall
areas
above
6
feet
in
height,
roofs,
asphalt
roadways,
concrete
roadways,
wooden
utility
poles,
unmanned
machinery,
concrete
pads
beneath
electrical
equipment,
curbing,
exterior
structural
building
components
(
e.
g.,
aluminum/
vinyl
siding,
cinder
block,
asphalt
tiles),
and
pipes.

Impervious
solid
surfaces
means
solid
surfaces
which
are
nonporous
and
thus
unlikely
to
absorb
spilled
PCBs
within
the
short
period
of
time
required
for
cleanup
of
spills
under
this
policy.
Impervious
solid
surfaces
include,
but
are
not
limited
to,
metals,
glass,
aluminum
siding,
and
enameled
or
laminated
surfaces.

Low­
concentration
PCBs
means
PCBs
that
are
tested
and
found
to
contain
less
than
500
ppm
PCBs,
or
those
PCB­
containing
materials
which
EPA
requires
to
be
assumed
to
be
at
concentrations
below
500
ppm
(
i.
e.,
untested
mineral
oil
dielectric
fluid).

Nonimpervious
solid
surfaces
means
solid
surfaces
which
are
porous
and
are
more
likely
to
absorb
spilled
PCBs
prior
to
completion
of
the
cleanup
requirements
prescribed
in
this
policy.
Nonimpervious
solid
surfaces
include,
but
are
not
limited
to,
wood,
concrete,
asphalt,
and
plasterboard.

Nonrestricted
access
areas
means
any
area
other
than
restricted
access,
outdoor
electrical
substations,
and
other
restricted
access
locations,
as
defined
in
this
section.
In
addition
to
residential/
commercial
areas,
these
areas
include
unrestricted
access
rural
areas
(
areas
of
low
density
development
and
population
where
access
is
uncontrolled
by
either
man­
made
barriers
or
naturally
occurring
barriers,
such
as
rough
terrain,
mountains,
or
cliffs).

Other
restricted
access
(
nonsubstation)
locations
means
areas
other
than
electrical
substations
that
are
at
least
0.1
kilometer
(
km)
from
a
residential/
commercial
area
and
limited
by
man­
made
barriers
(
e.
g.,
fences
and
walls)
to
substantially
limited
by
naturally
occurring
barriers
such
as
mountains,
cliffs,
or
rough
terrain.
These
areas
generally
include
industrial
facilities
and
extremely
remote
rural
locations.
(
Areas
where
access
is
restricted
but
are
less
than
0.1
km
from
a
residential/
commercial
area
are
considered
to
be
residential/
commercial
areas.)

Outdoor
electrical
substations
means
outdoor,
fenced­
off,
and
restricted
access
areas
used
in
the
transmission
and/
or
distribution
of
electrical
power
Outdoor
electrical
substations
restrict
public
access
by
being
fenced
or
walled
off
as
defined
under
§
761.30(
l)(
1)(
ii).
For
purposes
of
this
TSCA
policy,
outdoor
electrical
substations
are
defined
as
being
located
at
least
0.1
km
from
a
residential/
commercial
area.
Outdoor
fenced­
off
and
restricted
access
areas
used
in
the
transmission
and/
or
distribution
of
electrical
power
which
are
located
less
than
0.1.
km
from
a
residential/
commercial
area
are
considered
to
be
residential/
commercial
areas.

PCBs
means
polychlorinated
biphenyls
as
defined
under
§
761.3.
As
specified
under
§
761.1(
b),
no
requirements
may
be
avoided
through
dilution
of
the
PCB
concentration.

Requirements
and
standards
means:

(
1)
"
Requirements"
as
used
in
this
policy
refers
to
both
the
procedural
responses
and
numerical
decontamination
levels
set
forth
in
this
policy
as
constituting
adequate
cleanup
of
PCBs.

(
2)
"
Standards"
refers
to
the
numerical
decontamination
levels
set
forth
in
this
policy.

Residential/
commercial
areas
means
those
areas
where
people
live
or
reside,
or
where
people
work
in
other
than
manufacturing
or
farming
industries.
Residential
areas
include
housing
and
the
property
on
which
housing
is
located,
as
well
as
playgrounds,
roadways,
sidewalks,
parks,
and
other
similar
areas
within
a
residential
community.
Commercial
areas
are
typically
accessible
to
both
members
of
the
general
public
and
employees
and
include
public
assembly
properties,
institutional
properties,
stores,
office
buildings,
and
transportation
centers.

Responsible
party
means
the
owner
of
the
PCB
equipment,
facility,
or
other
source
of
PCBs
or
his/
her
designated
agent
(
e.
g.,
a
facility
manager
or
foreman).

Soil
means
all
vegetation,
soils
and
other
ground
media,
including
but
not
limited
to,
sand,
grass,
gravel,
and
oyster
shells.
It
does
not
include
concrete
and
asphalt.

Spill
means
both
intentional
and
unintentional
spills,
leaks,
and
other
uncontrolled
discharges
where
the
release
results
in
any
quantity
of
PCBs
running
off
or
about
to
run
off
the
external
surface
of
the
equipment
or
other
PCB
source,
as
well
as
the
contamination
resulting
from
those
releases.
This
policy
applies
to
spills
of
50
ppm
or
greater
PCBs.
The
concentration
of
PCBs
spilled
is
determined
by
the
PCB
concentration
in
the
material
spilled
as
opposed
to
the
concentration
of
PCBs
in
the
material
onto
which
the
PCBs
were
spilled.
Where
a
spill
of
untested
mineral
oil
occurs,
the
oil
is
presumed
to
contain
greater
than
50
ppm,
but
less
than
500
ppm
PCBs
and
is
subject
to
the
relevant
requirements
of
this
policy.

Spill
area
means
the
area
of
soil
on
which
visible
traces
of
the
spill
can
be
observed
plus
a
buffer
zone
of
1
foot
beyond
the
visible
traces.
Any
surface
or
object
(
e.
g.,
concrete
sidewalk
or
automobile)
within
the
visible
traces
area
or
on
which
visible
traces
of
the
spilled
material
are
observed
is
included
in
the
spill
area.
This
area
represents
the
minimum
area
assumed
to
be
contaminated
by
PCBs
in
the
absence
of
precleanup
sampling
data
and
is
thus
the
minimum
area
which
must
be
cleaned.

Spill
boundaries
means
the
actual
area
of
contamination
as
determined
by
postcleanup
verification
sampling
or
by
precleanup
sampling
to
determine
actual
spill
boundaries.
EPA
can
require
additional
cleanup
when
necessary
to
decontaminate
all
areas
within
the
spill
boundaries
to
the
levels
required
in
this
policy
(
e.
g.,
additional
cleanup
will
be
required
if
postcleanup
sampling
indicates
that
the
area
decontaminated
by
the
responsible
party,
such
as
the
spill
area
as
defined
in
this
section,
did
not
encompass
the
actual
boundaries
of
PCB
contamination).

Standard
wipe
test
means,
for
spills
of
high­
concentration
PCBs
on
solid
surfaces,
a
cleanup
to
numerical
surface
standards
and
sampling
by
a
standard
wipe
test
to
verify
that
the
numerical
standards
have
been
met.
This
definition
constitutes
the
minimum
requirements
for
an
appropriate
wipe
testing
protocol.
A
standard­
size
template
(
10
centimeters
(
cm)
x
10
cm)
will
be
used
to
delineate
the
area
of
cleanup;
the
wiping
medium
will
be
a
gauze
pad
or
glass
wool
of
known
size
which
has
been
saturated
with
hexane.
It
is
important
that
the
wipe
be
performed
very
quickly
after
the
hexane
is
exposed
to
air.
EPA
strongly
recommends
that
the
gauze
(
or
glass
wool)
be
prepared
with
hexane
in
the
laboratory
and
that
the
wiping
medium
be
stored
in
sealed
glass
vials
until
it
is
used
for
the
wipe
test.
Further,
EPA
requires
the
collection
and
testing
of
field
blanks
and
replicates.

[
52
FR
10705,
Apr.
2,
1987;
52
FR
23397,
June
19,
1987]
§
761.125
Requirements
for
PCB
spill
cleanup.

(
a)
General.
Unless
expressly
limited,
the
reporting,
disposal,
and
precleanup
sampling
requirements
in
paragraphs
(
a)
(
1)
through
(
3)
of
this
section
apply
to
all
spills
of
PCBs
at
concentrations
of
50
ppm
or
greater
which
are
subject
to
decontamination
requirements
under
TSCA,
including
those
spills
listed
under
§
761.120(
b)
which
are
excluded
from
the
cleanup
standards
at
paragraphs
(
b)
and
(
c)
of
this
section.

(
1)
Reporting
requirements.
The
reporting
in
paragraphs
(
a)(
1)
(
i)
through
(
iv)
of
this
section
is
required
in
addition
to
applicable
reporting
requirements
under
the
Clean
Water
Act
(
CWA)
or
the
Comprehensive
Environmental
Response
Compensation
and
Liability
Act
of
1980
(
CERCLA).
For
example,
under
the
National
Contingency
Plan
all
spills
involving
1
pound
or
more
by
weight
of
PCBs
must
currently
be
reported
to
the
National
Response
Center
(
1­
800­
424­
8802).
The
requirements
in
paragraphs
(
a)(
1)
(
i)
through
(
iv)
of
this
section
are
designed
to
be
consistent
with
existing
reporting
requirements
to
the
extent
possible
so
as
to
minimize
reporting
burdens
on
governments
as
well
as
the
regulated
community.

(
i)
Where
a
spill
directly
contaminates
surface
water,
sewers,
or
drinking
water
supplies,
as
discussed
under
§
761.120(
d),
the
responsible
party
shall
notify
the
appropriate
EPA
regional
office
(
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
Branch)
and
obtain
guidance
for
appropriate
cleanup
measures
in
the
shortest
possible
time
after
discovery,
but
in
no
case
later
than
24
hours
after
discovery.

(
ii)
Where
a
spill
directly
contaminates
grazing
lands
or
vegetable
gardens,
as
discussed
under
§
761.120(
d),
the
responsible
party
shall
notify
the
appropriate
EPA
regional
office
(
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
Branch)
and
proceed
with
the
immediate
requirements
specified
under
paragraph
(
b)
or
(
c)
of
this
section,
depending
on
the
source
of
the
spill,
in
the
shortest
possible
time
after
discovery,
but
in
no
case
later
than
24
hours
after
discovery.

(
iii)
Where
a
spill
exceeds
10
pounds
of
PCBs
by
weight
and
is
not
addressed
in
paragraph
(
a)(
1)
(
i)
or
(
ii)
of
this
section,
the
responsible
party
will
notify
the
appropriate
EPA
regional
office
(
Pesticides
and
Toxic
Substances
Branch)
and
proceed
to
decontaminate
the
spill
area
in
accordance
with
this
TSCA
policy
in
the
shortest
possible
time
after
discovery,
but
in
no
case
later
than
24
hours
after
discovery.

(
iv)
Spills
of
10
pounds
or
less,
which
are
not
addressed
in
paragraph
(
a)(
1)
(
i)
or
(
ii)
of
this
section,
must
be
cleaned
up
in
accordance
with
this
policy
(
in
order
to
avoid
EPA
enforcement
liability),
but
notification
of
EPA
is
not
required.

(
2)
Disposal
of
cleanup
debris
and
materials.
All
concentrated
soils,
solvents,
rags,
and
other
materials
resulting
from
the
cleanup
of
PCBs
under
this
policy
shall
be
properly
stored,
labeled,
and
disposed
of
in
accordance
with
the
provisions
of
subpart
D
of
this
part.

(
3)
Determination
of
spill
boundaries
in
the
absence
of
visible
traces.
For
spills
where
there
are
insufficient
visible
traces
yet
there
is
evidence
of
a
leak
or
spill,
the
boundaries
of
the
spill
are
to
be
determined
by
using
a
statistically
based
sampling
scheme.

(
b)
Requirements
for
cleanup
of
low­
concentration
spills
which
involve
less
than
1
pound
of
PCBs
by
weight
(
less
than
270
gallons
of
untested
mineral
oil)
 
(
1)
Decontamination
requirements.
Spills
of
less
than
270
gallons
of
untested
mineral
oil,
low­
concentration
PCBs,
as
defined
under
§
761.123,
which
involve
less
than
1
pound
of
PCBs
by
weight
(
e.
g.,
less
than
270
gallons
of
untested
mineral
oil
containing
less
than
500
ppm
PCBs)
shall
be
cleaned
in
the
following
manner:

(
i)
Solid
surfaces
must
be
double
washed/
rinsed
(
as
defined
under
§
761.123);
except
that
all
indoor,
residential
surfaces
other
than
vault
areas
must
be
cleaned
to
10
micrograms
per
100
square
centimeters
(
10

g/
100
cm2)
by
standard
commercial
wipe
tests.

(
ii)
All
soil
within
the
spill
area
(
i.
e.,
visible
traces
of
soil
and
a
buffer
of
1
lateral
foot
around
the
visible
traces)
must
be
excavated,
and
the
ground
be
restored
to
its
original
configuration
by
back­
filling
with
clean
soil
(
i.
e.,
containing
less
than
1
ppm
PCBs).

(
iii)
Requirements
of
paragraphs
(
b)(
1)
(
i)
and
(
ii)
of
this
section
must
be
completed
within
48
hours
after
the
responsible
party
was
notified
or
became
aware
of
the
spill.

(
2)
Effect
of
emergency
or
adverse
weather.
Completion
of
cleanup
may
be
delayed
beyond
48
hours
in
case
of
circumstances
including
but
not
limited
to,
civil
emergency,
adverse
weather
conditions,
lack
of
access
to
the
site,
and
emergency
operating
conditions.
The
occurrence
of
a
spill
on
a
weekend
or
overtime
costs
are
not
acceptable
reasons
to
delay
response.
Completion
of
cleanup
may
be
delayed
only
for
the
duration
of
the
adverse
conditions.
If
the
adverse
weather
conditions,
or
time
lapse
due
to
other
emergency,
has
left
insufficient
visible
traces,
the
responsible
party
must
use
a
statistically
based
sampling
scheme
to
determine
the
spill
boundaries
as
required
under
paragraph
(
a)(
3)
of
this
section.

(
3)
Records
and
certification.
At
the
completion
of
cleanup,
the
responsible
party
shall
document
the
cleanup
with
records
and
certification
of
decontamination.
The
records
and
certification
must
be
maintained
for
a
period
of
5
years.
The
records
and
certification
shall
consist
of
the
following:

(
i)
Identification
of
the
source
of
the
spill
(
e.
g.,
type
of
equipment).

(
ii)
Estimated
or
actual
date
and
time
of
the
spill
occurrence.

(
iii)
The
date
and
time
cleanup
was
completed
or
terminated
(
if
cleanup
was
delayed
by
emergency
or
adverse
weather:
the
nature
and
duration
of
the
delay).

(
iv)
A
brief
description
of
the
spill
location.

(
v)
Precleanup
sampling
data
used
to
establish
the
spill
boundaries
if
required
because
of
insufficient
visible
traces,
and
a
brief
description
of
the
sampling
methodology
used
to
establish
the
spill
boundaries.
(
vi)
A
brief
description
of
the
solid
surfaces
cleaned
and
of
the
double
wash/
rinse
method
used.

(
vii)
Approximate
depth
of
soil
excavation
and
the
amount
of
soil
removed.

(
viii)
A
certification
statement
signed
by
the
responsible
party
stating
that
the
cleanup
requirements
have
been
met
and
that
the
information
contained
in
the
record
is
true
to
the
best
of
his/
her
knowledge.

(
ix)
While
not
required
for
compliance
with
this
policy,
the
following
information
would
be
useful
if
maintained
in
the
records:

(
A)
Additional
pre­
or
post­
cleanup
sampling.

(
B)
The
estimated
cost
of
the
cleanup
by
man­
hours,
dollars,
or
both.

(
c)
Requirements
for
cleanup
of
high­
concentration
spills
and
low­
concentration
spills
involving
1
pound
or
more
PCBs
by
weight
(
270
gallons
or
more
of
untested
mineral
oil).
Cleanup
of
low­
concentration
spills
involving
1
lb
or
more
PCBs
by
weight
and
of
all
spills
of
materials
other
than
low­
concentration
materials
shall
be
considered
complete
if
all
of
the
immediate
requirements,
cleanup
standards,
sampling,
and
recordkeeping
requirements
of
paragraphs
(
c)
(
1)
through
(
5)
of
this
section
are
met.

(
1)
Immediate
requirements.
The
four
actions
in
paragraphs
(
c)(
1)
(
i)
through
(
iv)
of
this
section
must
be
taken
as
quickly
as
possible
and
within
no
more
than
24
hours
(
or
within
48
hours
for
PCB
Transformers)
after
the
responsible
party
was
notified
or
became
aware
of
the
spill,
except
that
actions
described
in
paragraphs
(
c)(
1)
(
ii)
through
(
iv)
of
this
section
can
be
delayed
beyond
24
hours
if
circumstances
(
e.
g.,
civil
emergency,
hurricane,
tornado,
or
other
similar
adverse
weather
conditions,
lack
of
access
due
to
physical
impossibility,
or
emergency
operating
conditions)
so
require
for
the
duration
of
the
adverse
conditions.
The
occurrence
of
a
spill
on
a
weekend
or
overtime
costs
are
not
acceptable
reasons
to
delay
response.
Owners
of
spilled
PCBs
who
have
delayed
cleanup
because
of
these
types
of
circumstances
must
keep
records
documenting
the
fact
that
circumstances
precluded
rapid
response.

(
i)
The
responsible
party
shall
notify
the
EPA
regional
office
and
the
NRC
as
required
by
§
761.125(
a)(
1)
or
by
other
applicable
statutes.

(
ii)
The
responsible
party
shall
effectively
cordon
off
or
otherwise
delineate
and
restrict
an
area
encompassing
any
visible
traces
plus
a
3­
foot
buffer
and
place
clearly
visible
signs
advising
persons
to
avoid
the
area
to
minimize
the
spread
of
contamination
as
well
as
the
potential
for
human
exposure.

(
iii)
The
responsible
party
shall
record
and
document
the
area
of
visible
contamination,
noting
the
extent
of
the
visible
trace
areas
and
the
center
of
the
visible
trace
area.
If
there
are
no
visible
traces,
the
responsible
party
shall
record
this
fact
and
contact
the
regional
office
of
the
EPA
for
guidance
in
completing
statistical
sampling
of
the
spill
area
to
establish
spill
boundaries.
(
iv)
The
responsible
party
shall
initiate
cleanup
of
all
visible
traces
of
the
fluid
on
hard
surfaces
and
initiate
removal
of
all
visible
traces
of
the
spill
on
soil
and
other
media,
such
as
gravel,
sand,
oyster
shells,
etc.

(
v)
If
there
has
been
a
delay
in
reaching
the
site
and
there
are
insufficient
visible
traces
of
PCBs
remaining
at
the
spill
site,
the
responsible
party
must
estimate
(
based
on
the
amount
of
material
missing
from
the
equipment
or
container)
the
area
of
the
spill
and
immediately
cordon
off
the
area
of
suspect
contamination.
The
responsible
party
must
then
utilize
a
statistically
based
sampling
scheme
to
identify
the
boundaries
of
the
spill
area
as
soon
as
practicable.

(
vi)
Although
this
policy
requires
certain
immediate
actions,
as
described
in
paragraphs
(
c)(
1)(
i)
through
(
iv)
of
this
section,
EPA
is
not
placing
a
time
limit
on
completion
of
the
cleanup
effort
since
the
time
required
for
completion
will
vary
from
case
to
case.
However,
EPA
expects
that
decontamination
will
be
achieved
promptly
in
all
cases
and
will
consider
promptness
of
completion
in
determining
whether
the
responsible
party
made
good
faith
efforts
to
clean
up
in
accordance
with
this
policy.

(
2)
Requirements
for
decontaminating
spills
in
outdoor
electrical
substations.
Spills
which
occur
in
outdoor
electrical
substations,
as
defined
under
§
761.123,
shall
be
decontaminated
in
accordance
with
paragraphs
(
c)(
2)
(
i)
and
(
ii)
of
this
section.
Conformance
to
the
cleanup
standards
under
paragraphs
(
c)(
2)
(
i)
and
(
ii)
of
this
section
shall
be
verified
by
post­
cleanup
sampling
as
specified
under
§
761.130.
At
such
times
as
outdoor
electrical
substations
are
converted
to
another
use,
the
spill
site
shall
be
cleaned
up
to
the
nonrestricted
access
requirements
under
paragraph
(
c)(
4)
of
this
section.

(
i)
Contaminated
solid
surfaces
(
both
impervious
and
non­
impervious)
shall
be
cleaned
to
a
PCB
concentration
of
100
micrograms
(

g)/
100
square
centimeters
(
cm
2)
(
as
measured
by
standard
wipe
tests).

(
ii)
At
the
option
of
the
responsible
party,
soil
contaminated
by
the
spill
will
be
cleaned
either
to
25
ppm
PCBs
by
weight,
or
to
50
ppm
PCBs
by
weight
provided
that
a
label
or
notice
is
visibly
placed
in
the
area.
Upon
demonstration
by
the
responsible
party
that
cleanup
to
25
ppm
or
50
ppm
will
jeopardize
the
integrity
of
the
electrical
equipment
at
the
substation,
the
EPA
regional
office
may
establish
an
alternative
cleanup
method
or
level
and
place
the
responsible
party
on
a
reasonably
timely
schedule
for
completion
of
cleanup.

(
3)
Requirements
for
decontaminating
spills
in
other
restricted
access
areas.
Spills
which
occur
in
restricted
access
locations
other
than
outdoor
electrical
substations,
as
defined
under
§
761.123,
shall
be
decontaminated
in
accordance
with
paragraphs
(
c)(
3)
(
i)
through
(
v)
of
this
section.
Conformance
to
the
cleanup
standards
in
paragraphs
(
c)(
3)
(
i)
through
(
v)
of
this
section
shall
be
verified
by
postcleanup
sampling
as
specified
under
§
761.130.
At
such
times
as
restricted
access
areas
other
than
outdoor
electrical
substations
are
converted
to
another
use,
the
spill
site
shall
be
cleaned
up
to
the
nonrestricted
access
area
requirements
of
paragraph
(
c)(
4)
of
this
section.

(
i)
High­
contact
solid
surfaces,
as
defined
under
§
761.163
shall
be
cleaned
to
10

g/
100
cm
2
(
as
measured
by
standard
wipe
tests).

(
ii)
Low­
contact,
indoor,
impervious
solid
surfaces
will
be
decontaminated
to
10

g/
100
cm
2.

(
iii)
At
the
option
of
the
responsible
party,
low­
contact,
indoor,
nonimpervious
surfaces
will
be
cleaned
either
to
10

g/
100
cm
2
or
to
100

g/
100
cm
2
and
encapsulated.
The
Regional
Administrator,
however,
retains
the
authority
to
disallow
the
encapsulation
option
for
a
particular
spill
situation
upon
finding
that
the
uncertainties
associated
with
that
option
pose
special
concerns
at
that
site.
That
is,
the
Regional
Administrator
would
not
permit
encapsulation
if
he/
she
determined
that
if
the
encapsulation
failed
the
failure
would
create
an
imminent
hazard
at
the
site.

(
iv)
Low­
contact,
outdoor
surfaces
(
both
impervious
and
nonimpervious)
shall
be
cleaned
to
100

g/
100
cm
2.

(
v)
Soil
contaminated
by
the
spill
will
be
cleaned
to
25
ppm
PCBs
by
weight.

(
4)
Requirements
for
decontaminating
spills
in
nonrestricted
access
areas.
Spills
which
occur
in
nonrestricted
access
locations,
as
defined
under
§
761.123,
shall
be
decontaminated
in
accordance
with
paragraphs
(
c)(
4)
(
i)
through
(
v)
of
this
section.
Conformance
to
the
cleanup
standards
at
paragraphs
(
c)(
4)
(
i)
through
(
v)
of
this
section
shall
be
verified
by
postcleanup
sampling
as
specified
under
§
761.130.

(
i)
Furnishings,
toys,
and
other
easily
replaceable
household
items
shall
be
disposed
of
in
accordance
with
the
provisions
of
subpart
D
of
this
part
and
replaced
by
the
responsible
party.

(
ii)
Indoor
solid
surfaces
and
high­
contact
outdoor
solid
surfaces,
defined
as
high
contact
residential/
commercial
surfaces
under
§
761.123,
shall
be
cleaned
to
10

g/
100
cm
2
(
as
measured
by
standard
wipe
tests).

(
iii)
Indoor
vault
areas
and
low­
contact,
outdoor,
impervious
solid
surfaces
shall
be
decontaminated
to
10

g/
100
cm
2.

(
iv)
At
the
option
of
the
responsible
party,
low­
contact,
outdoor,
nonimpervious
solid
surfaces
shall
be
either
cleaned
to
10

g/
100
cm
2
or
cleaned
to
100

g/
100
cm
2
and
encapsulated.
The
Regional
Administrator,
however,
retains
the
authority
to
disallow
the
encapsulation
option
for
a
particular
spill
situation
upon
finding
that
the
uncertainties
associated
with
that
option
pose
special
concerns
at
that
site.
That
is,
the
Regional
Administrator
would
not
permit
encapsulation
if
he/
she
determined
that
if
the
encapsulation
failed
the
failure
would
create
an
imminent
hazard
at
the
site.

(
v)
Soil
contaminated
by
the
spill
will
be
decontaminated
to
10
ppm
PCBs
by
weight
provided
that
soil
is
excavated
to
a
minimum
depth
of
10
inches.
The
excavated
soil
will
be
replaced
with
clean
soil,
i.
e.,
containing
less
than
1
ppm
PCBs,
and
the
spill
site
will
be
restored
(
e.
g.,
replacement
of
turf).
(
5)
Records.
The
responsible
party
shall
document
the
cleanup
with
records
of
decontamination.
The
records
must
be
maintained
for
a
period
of
5
years.
The
records
and
certification
shall
consist
of
the
following:

(
i)
Identification
of
the
source
of
the
spill,
e.
g.,
type
of
equipment.

(
ii)
Estimated
or
actual
date
and
time
of
the
spill
occurrence.

(
iii)
The
date
and
time
cleanup
was
completed
or
terminated
(
if
cleanup
was
delayed
by
emergency
or
adverse
weather:
the
nature
and
duration
of
the
delay).

(
iv)
A
brief
description
of
the
spill
location
and
the
nature
of
the
materials
contaminated.
This
information
should
include
whether
the
spill
occurred
in
an
outdoor
electrical
substation,
other
restricted
access
location,
or
in
a
nonrestricted
access
area.

(
v)
Precleanup
sampling
data
used
to
establish
the
spill
boundaries
if
required
because
of
insufficient
visible
traces
and
a
brief
description
of
the
sampling
methodology
used
to
establish
the
spill
boundaries.

(
vi)
A
brief
description
of
the
solid
surfaces
cleaned.

(
vii)
Approximate
depth
of
soil
excavation
and
the
amount
of
soil
removed.

(
viii)
Postcleanup
verification
sampling
data
and,
if
not
otherwise
apparent
from
the
documentation,
a
brief
description
of
the
sampling
methodology
and
analytical
technique
used.

(
ix)
While
not
required
for
compliance
with
this
policy,
information
on
the
estimated
cost
of
cleanup
(
by
man­
hours,
dollars,
or
both)
would
be
useful
if
maintained
in
the
records.

[
52
FR
10705,
Apr.
2,
1987,
as
amended
at
53
FR
40884,
Oct.
19,
1988;
63
FR
35461,
June
29,
1998]

§
761.130
Sampling
requirements.

Postcleanup
sampling
is
required
to
verify
the
level
of
cleanup
under
§
761.125(
c)
(
2)
through
(
4).
The
responsible
party
may
use
any
statistically
valid,
reproducible,
sampling
scheme
(
either
random
samples
or
grid
samples)
provided
that
the
requirements
of
paragraphs
(
a)
and
(
b)
of
this
section
are
satisfied.

(
a)
The
sampling
area
is
the
greater
of
(
1)
an
area
equal
to
the
area
cleaned
plus
an
additional
1­
foot
boundary,
or
(
2)
an
area
20
percent
larger
than
the
original
area
of
contamination.

(
b)
The
sampling
scheme
must
ensure
95
percent
confidence
against
false
positives.

(
c)
The
number
of
samples
must
be
sufficient
to
ensure
that
areas
of
contamination
of
a
radius
of
2
feet
or
more
within
the
sampling
area
will
be
detected,
except
that
the
minimum
number
of
samples
is
3
and
the
maximum
number
of
samples
is
40.

(
d)
The
sampling
scheme
must
include
calculation
for
expected
variability
due
to
analytical
error.

(
e)
EPA
recommends
the
use
of
a
sampling
scheme
developed
by
the
Midwest
Research
Institute
(
MRI)
for
use
in
EPA
enforcement
inspections:
"
Verification
of
PCB
Spill
Cleanup
by
Sampling
and
Analysis."
Guidance
for
the
use
of
this
sampling
scheme
is
available
in
the
MRI
report
"
Field
Manual
for
Grid
Sampling
of
PCB
Spill
Sites
to
Verify
Cleanup."
Both
the
MRI
sampling
scheme
and
the
guidance
document
are
available
from
the
Director,
Environmental
Assistance
Division
(
7408),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
E
 
543B,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
Telephone:
(
202)
554
 
1404,
TDD:
(
202)
544
 
0551.
The
major
advantage
of
this
sampling
scheme
is
that
it
is
designed
to
characterize
the
degree
of
contamination
within
the
entire
sampling
area
with
a
high
degree
of
confidence
while
using
fewer
samples
than
any
other
grid
or
random
sampling
scheme.
This
sampling
scheme
also
allows
some
sites
to
be
characterized
on
the
basis
of
composite
samples.

(
f)
EPA
may,
at
its
discretion,
take
samples
from
any
spill
site.
If
EPA's
sampling
indicates
that
the
remaining
concentration
level
exceeds
the
required
level,
EPA
will
require
further
cleanup.
For
this
purpose,
the
numerical
level
of
cleanup
required
for
spills
cleaned
in
accordance
with
§
761.125(
b)
is
deemed
to
be
the
equivalent
of
numerical
cleanup
requirements
required
for
cleanups
under
§
761.125(
c)
(
2)
through
(
4).
Using
its
best
engineering
judgment,
EPA
may
sample
a
statistically
valid
random
or
grid
sampling
technique,
or
both.
When
using
engineering
judgment
or
random
"
grab"
samples,
EPA
will
take
into
account
that
there
are
limits
on
the
power
of
a
grab
sample
to
dispute
statistically
based
sampling
of
the
type
required
of
the
responsible
party.
EPA
headquarters
will
provide
guidance
to
the
EPA
regions
on
the
degree
of
certainty
associated
with
various
grab
sample
results.

[
52
FR
10705,
Apr.
2,
1987,
as
amended
at
60
FR
34465,
July
3,
1995]

§
761.135
Effect
of
compliance
with
this
policy
and
enforcement.

(
a)
Although
a
spill
of
material
containing
50
ppm
or
greater
PCBs
is
considered
improper
PCB
disposal,
this
policy
establishes
requirements
that
EPA
considers
to
be
adequate
cleanup
of
the
spilled
PCBs.
Cleanup
in
accordance
with
this
policy
means
compliance
with
the
procedural
as
well
as
the
numerical
requirements
of
this
policy.
Compliance
with
this
policy
creates
a
presumption
against
both
enforcement
action
for
penalties
and
the
need
for
further
cleanup
under
TSCA.
The
Agency
reserves
the
right,
however,
to
initiate
appropriate
action
to
compel
cleanup
where,
upon
review
of
the
records
of
cleanup
or
EPA
sampling
following
cleanup,
EPA
finds
that
the
decontamination
levels
in
the
policy
have
not
been
achieved.
The
Agency
also
reserves
the
right
to
seek
penalties
where
the
Agency
believes
that
the
responsible
party
has
not
made
a
good
faith
effort
to
comply
with
all
provisions
of
this
policy,
such
as
prompt
notification
of
EPA
of
a
spill,
recordkeeping,
etc.

(
b)
EPA's
exercise
of
enforcement
discretion
does
not
preclude
enforcement
action
under
other
provisions
of
TSCA
or
any
other
Federal
statute.
This
includes,
even
in
cases
where
the
numerical
decontamination
levels
set
forth
in
this
policy
have
been
met,
civil
or
criminal
action
for
penalties
where
EPA
believes
the
spill
to
have
been
the
result
of
gross
negligence
or
knowing
violation.

Subparts
H
 
I
[
Reserved]

Subpart
J
 
General
Records
and
Reports
§
761.180
Records
and
monitoring.

This
section
contains
recordkeeping
and
reporting
requirements
that
apply
to
PCBs,
PCB
Items,
and
PCB
storage
and
disposal
facilities
that
are
subject
to
the
requirements
of
the
part.

(
a)
PCBs
and
PCB
Items
in
service
or
projected
for
disposal.
Beginning
February
5,
1990,
each
owner
or
operator
of
a
facility,
other
than
a
commercial
storer
or
a
disposer
of
PCB
waste,
using
or
storing
at
any
one
time
at
least
45
kilograms
(
99.4
pounds)
of
PCBs
contained
in
PCB
Container(
s),
or
one
or
more
PCB
Transformers,
or
50
or
more
PCB
Large
High
or
Low
Voltage
Capacitors
shall
develop
and
maintain
at
the
facility,
or
a
central
facility
provided
they
are
maintained
at
that
facility,
all
annual
records
and
the
written
annual
document
log
of
the
disposition
of
PCBs
and
PCB
Items.
The
written
annual
document
log
must
be
prepared
for
each
facility
by
July
1
covering
the
previous
calendar
year
(
January
through
December).
The
annual
document
log
shall
be
maintained
for
at
least
3
years
after
the
facility
ceases
using
or
storing
PCBs
and
PCB
Items
in
the
quantities
prescribed
in
this
paragraph.
Annual
records
(
manifests
and
certificates
of
disposal)
shall
be
maintained
for
the
same
period.
The
annual
records
and
the
annual
document
log
shall
be
available
for
inspection
at
the
facility
where
they
are
maintained
by
authorized
representatives
of
EPA
during
normal
business
hours,
and
each
owner
or
operator
of
a
facility
subject
to
these
requirements
shall
know
the
location
of
these
records.
All
records
and
annual
documents
required
to
be
prepared
and
maintained
by
this
section
prior
to
February
5,
1990
shall
continue
to
be
maintained
at
the
facility
for
the
same
time
as
the
annual
records
and
the
annual
document
log.
The
annual
document
required
for
1989
shall
cover
the
period
from
January
1,
1989
to
February
5,
1990.

(
1)
The
annual
records
shall
include
the
following:

(
i)
All
signed
manifests
generated
by
the
facility
during
the
calendar
year.

(
ii)
All
Certificates
of
Disposal
that
have
been
received
by
the
facility
during
the
calendar
year.

(
iii)
Records
of
inspections
and
cleanups
performed
in
accordance
with
§
761.65(
c)(
5).

(
2)
The
written
annual
document
log
shall
include
the
following:

(
i)
The
name,
address,
and
EPA
identification
number
of
the
facility
covered
by
the
annual
document
log
and
the
calendar
year
covered
by
the
annual
document
log.
(
ii)
The
unique
manifest
number
of
every
manifest
generated
by
the
facility
during
the
calendar
year,
and
from
each
manifest
and
for
unmanifested
waste
that
may
be
stored
at
the
facility,
the
following
information:

(
A)
For
bulk
PCB
waste
(
e.
g.,
in
a
tanker
or
truck),
its
weight
in
kilograms,
the
first
date
it
was
removed
from
service
for
disposal,
the
date
it
was
placed
into
transport
for
off­
site
storage
or
disposal,
and
the
date
of
disposal,
if
known.

(
B)
The
serial
number
(
if
available)
or
other
means
of
identifying
each
PCB
Article
(
e.
g.,
transformer
or
capacitor),
the
weight
in
kilograms
of
the
PCB
waste
in
each
transformer
or
capacitor,
the
date
it
was
removed
from
service
for
disposal,
the
date
it
was
placed
in
transport
for
off­
site
storage
or
disposal,
and
the
date
of
disposal,
if
known.

(
C)
A
unique
number
identifying
each
PCB
Container,
a
description
of
the
contents
of
each
PCB
Container,
such
as
liquid,
soil,
cleanup
debris,
etc.,
including
the
total
weight
of
the
material
in
kilograms
in
each
PCB
Container,
the
first
date
material
placed
in
each
PCB
Container
was
removed
from
service
for
disposal,
and
the
date
each
PCB
Container
was
placed
in
transport
for
off­
site
storage
or
disposal,
and
the
date
of
disposal
(
if
known).

(
D)
A
unique
number
identifying
each
PCB
Article
Container,
a
description
of
the
contents
of
each
PCB
Article
Container,
such
as
pipes,
capacitors,
electric
motors,
pumps,
etc.,
including
the
total
weight
in
kilograms
of
the
content
of
each
PCB
Article
Container,
the
first
date
a
PCB
Article
placed
in
each
PCB
Article
Container
was
removed
from
service
for
disposal,
and
the
date
the
PCB
Article
Container
was
placed
in
transport
for
off­
site
storage
or
disposal,
and
the
date
of
disposal
(
if
known.)

(
iii)
The
total
number
by
specific
type
of
PCB
Articles
and
the
total
weight
in
kilograms
of
PCBs
in
PCB
Articles,
the
total
number
of
PCB
Article
Containers
and
total
weight
in
kilograms
of
the
contents
of
PCB
Article
Containers,
the
total
number
of
PCB
Containers
and
the
total
weight
in
kilograms
of
the
contents
of
PCB
Containers,
and
the
total
weight
in
kilograms
of
bulk
PCB
waste
that
was
placed
into
storage
for
disposal
or
disposed
during
the
calendar
year.

(
iv)
The
total
number
of
PCB
Transformers
and
total
weight
in
kilograms
of
PCBs
contained
in
the
transformers
remaining
in
service
at
the
end
of
the
calendar
year.

(
v)
The
total
number
of
Large
High
or
Low
Voltage
PCB
Capacitors
remaining
in
service
at
the
end
of
the
calendar
year.

(
vi)
The
total
weight
in
kilograms
of
any
PCBs
and
PCB
Items
in
PCB
Containers,
including
the
identification
of
container
contents,
remaining
in
service
at
the
facility
at
the
end
of
the
calendar
year.

(
vii)
For
any
PCBs
or
PCB
item
received
from
or
shipped
to
another
facility
owned
or
operated
by
the
same
generator,
the
information
required
under
paragraph
(
a)(
2)(
ii)(
A)
through
(
a)(
2)(
ii)(
D)
of
this
section.
(
viii)
A
record
of
each
telephone
call,
or
other
means
of
verification
agreed
upon
by
both
parties,
made
to
each
designated
commercial
storer
or
designated
disposer
to
confirm
receipt
of
PCB
waste
transported
by
an
independent
transporter,
as
required
by
§
761.208.

(
ix)
Whenever
a
PCB
Item,
excluding
small
capacitors,
with
a
concentration
of

50
ppm
is
distributed
in
commerce
for
reuse
pursuant
to
§
761.20(
c)(
1),
the
name,
address,
and
telephone
number
of
the
person
to
whom
the
item
was
transferred,
date
of
transfer,
and
the
serial
number
of
the
item
or
the
internal
identification
number,
if
a
serial
number
is
not
available,
must
be
recorded
in
the
annual
document
log.
The
serial
number
or
internal
identification
number
shall
be
permanently
marked
on
the
equipment.

(
3)
[
Reserved]

(
4)
For
purposes
of
this
paragraph,
PCB
Voltage
Regulators
shall
be
recorded
as
PCB
Transformers.

(
b)
Disposers
and
commercial
storers
of
PCB
waste.
Beginning
February
5,
1990,
each
owner
or
operator
of
a
facility
(
including
high
efficiency
boiler
operations)
used
for
the
commercial
storage
or
disposal
of
PCBs
and
PCB
Items
shall
maintain
annual
records
on
the
disposition
of
all
PCBs
and
PCB
items
at
the
facility
and
prepare
and
maintain
a
written
annual
document
log
that
includes
the
information
required
by
paragraphs
(
b)(
2)
of
this
section
for
PCBs
and
PCB
Items
that
were
handled
as
PCB
waste
at
the
facility.
The
written
annual
document
log
shall
be
prepared
by
July
1
for
the
previous
calendar
year
(
January
through
December).
The
written
annual
document
log
shall
be
maintained
at
each
facility
for
at
least
3
years
after
the
facility
is
no
longer
used
for
the
storage
or
disposal
of
PCBs
and
PCB
Items
except
that,
in
the
case
of
chemical
waste
landfills,
the
annual
document
log
shall
be
maintained
at
least
20
years
after
the
chemical
waste
landfill
is
no
longer
used
for
the
disposal
of
PCBs
and
PCB
Items.
The
annual
records
shall
be
maintained
for
the
same
period.
The
annual
records
and
written
annual
document
log
shall
be
available
at
the
facility
for
inspection
by
authorized
representatives
of
the
EPA.
All
records
and
annual
documents
required
to
be
prepared
and
maintained
by
this
section
prior
to
February
5,
1990
shall
continue
to
be
maintained
at
the
facility
for
the
same
time
as
the
annual
records
and
the
annual
document
log.
The
annual
document
for
1989
shall
cover
the
period
from
January
1,
1989
to
February
5,
1990.
From
the
written
annual
document
log
the
owner
or
operator
of
a
facility
must
prepare
the
annual
report
containing
the
information
required
by
paragraphs
(
b)(
3)(
i)
through
(
b)(
3)(
vi)
of
this
section
for
PCBs
and
PCB
Items
that
were
handled
as
PCB
waste
at
the
facility
during
the
previous
calendar
year
(
January
through
December).
The
annual
report
must
be
submitted
by
July
15
of
each
year
for
the
preceding
calendar
year.
If
the
facility
ceases
commercial
PCB
storage
or
disposal
operations,
the
owner
or
operator
of
the
facility
shall
provide
at
least
60
days
advance
written
notice
to
the
Regional
Administrator
for
the
region
in
which
the
facility
is
located
of
the
date
the
facility
intends
to
begin
closure.
d
(
1)
The
annual
records
shall
include
the
following:

(
i)
All
signed
manifests
generated
or
received
at
the
facility
during
the
calendar
year.
(
ii)
All
Certificates
of
Disposal
that
have
been
generated
or
received
by
the
facility
during
the
calendar
year.

(
iii)
Records
of
inspections
and
cleanups
performed
in
accordance
with
§
761.65(
c)(
5).

(
2)
The
written
annual
document
log
shall
include
the
following:

(
i)
The
name,
address,
and
EPA
identification
number
of
the
storage
or
disposal
facility
covered
by
the
annual
document
log
and
the
calendar
year
covered
by
the
annual
document
log.

(
ii)
For
each
manifest
generated
or
received
by
the
facility
during
the
calendar
year,
the
unique
manifest
number
and
the
name
and
address
of
the
facility
that
generated
the
manifest
and
the
following
information:

(
A)
For
bulk
PCB
waste
(
e.
g.,
in
a
tanker
or
truck),
its
weight
in
kilograms,
the
first
date
PCB
waste
placed
in
the
tanker
or
truck
was
removed
from
service
for
disposal,
the
date
it
was
received
at
the
facility,
the
date
it
was
placed
in
transport
for
off­
site
disposal
(
if
applicable),
and
the
date
of
disposal,
(
if
known
).

(
B)
The
serial
number
or
other
means
of
identifying
each
PCB
Article,
not
in
a
PCB
Container
or
PCB
Article
Container,
the
weight
in
kilograms
of
the
PCB
waste
in
the
PCB
Article,
the
date
it
was
removed
from
service
for
disposal,
the
date
it
was
received
at
the
facility,
the
date
it
was
placed
in
transport
for
off­
site
disposal
(
if
applicable),
and
the
date
of
disposal
(
if
known).

(
C)
The
unique
number
assigned
by
the
generator
identifying
each
PCB
Container,
a
description
of
the
contents
of
each
PCB
Container,
such
as
liquid,
soil,
cleanup
debris,
etc.,
including
the
total
weight
of
the
PCB
waste
in
kilograms
in
each
PCB
Container,
the
first
date
PCB
waste
placed
in
each
PCB
Container
was
removed
from
service
for
disposal,
the
date
it
was
received
at
the
facility,
the
date
each
PCB
Container
was
placed
in
transport
for
off­
site
storage
or
disposal
(
as
applicable),
and
the
date
the
PCB
Container
was
disposed
of
(
if
known).

(
D)
The
unique
number
assigned
by
the
generator
identifying
each
PCB
Article
Container,
a
description
of
the
contents
of
each
PCB
Article
Container,
such
as
pipes,
capacitors,
electric
motors,
pumps,
etc.,
including
the
total
weight
in
kilograms
of
the
PCB
waste
in
each
PCB
Article
Container,
the
first
date
a
PCB
Article
placed
in
each
PCB
Article
Container
was
removed
from
service
for
disposal,
the
date
it
was
received
at
the
facility,
the
date
each
PCB
Article
Container
was
placed
in
transport
for
off­
site
storage
or
disposal
(
as
applicable),
and
the
date
the
PCB
Article
Container
was
disposed
of
(
if
known).

(
E)
Disposers
of
PCB
waste
shall
include
the
confirmed
date
of
disposal
for
items
in
paragraphs
(
b)(
2)(
ii)(
A)
through
(
b)(
2)(
ii)(
D)
of
this
section.

(
iii)
For
any
PCB
waste
disposed
at
a
facility
that
generated
the
PCB
waste
or
any
PCB
waste
that
was
not
manifested
to
the
facility,
the
information
required
under
paragraph
(
b)(
2)(
ii)(
A)
through
(
b)(
2)(
ii)(
E)
of
this
section.
(
3)
The
owner
or
operator
of
a
PCB
disposal
facility
(
including
an
owner
or
operator
who
disposes
of
his/
her
own
waste
and
does
not
receive
or
generate
manifests)
or
a
commercial
storage
facility
shall
submit
an
annual
report,
which
briefly
summarizes
the
records
and
annual
document
log
required
to
be
maintained
and
prepared
under
paragraphs
(
b)(
1)
and
(
b)(
2)
of
this
section
to
the
EPA
Regional
Administrator
of
the
Region
in
which
the
facility
is
located
by
July
15
of
each
year,
beginning
with
July
15,
1991.
The
first
annual
report
submitted
on
July
15,
1991,
shall
be
for
the
period
starting
February
5,
1990,
and
ending
December
31,
1990.
The
annual
report
shall
contain
no
confidential
business
information.
The
annual
report
shall
consist
of
the
information
listed
in
paragraphs
(
b)(
3)(
i)
through
(
b)(
3)(
vi)
of
this
section.

(
i)
The
name,
address,
and
EPA
identification
number
of
the
facility
covered
by
the
annual
report
for
the
calendar
year.

(
ii)
A
list
of
the
numbers
of
all
signed
manifests
of
PCB
waste
initiated
or
received
by
the
facility
during
that
year.

(
iii)
The
total
weight
in
kilograms
of
bulk
PCB
waste,
PCB
waste
in
PCB
Transformers,
PCB
waste
in
PCB
Large
High
or
Low
Voltage
Capacitors,
PCB
waste
in
PCB
Article
Containers,
and
PCB
waste
in
PCB
Containers
in
storage
at
the
facility
at
the
beginning
of
the
calendar
year,
received
or
generated
at
the
facility,
transferred
to
another
facility,
or
disposed
of
at
the
facility
during
the
calendar
year.
The
information
must
be
provided
for
each
of
these
categories,
as
appropriate.

(
iv)
The
total
number
of
PCB
Transformers,
the
total
number
of
PCB
Large
High
or
Low
Voltage
Capacitors,
the
total
number
of
PCB
Article
Containers,
and
the
total
number
of
PCB
Containers
in
storage
at
the
facility
at
the
beginning
of
the
calendar
year,
received
or
generated
at
the
facility,
transferred
to
another
facility,
or
disposed
of
at
the
facility
during
the
calendar
year.
The
information
must
be
provided
for
each
of
these
categories,
as
appropriate.

(
v)
The
total
weight
in
kilograms
of
each
of
the
following
PCB
categories:
bulk
PCB
waste,
PCB
waste
in
PCB
Transformers,
PCB
waste
in
PCB
Large
High
or
Low
Voltage
Capacitors,
PCB
waste
in
PCB
Article
Containers,
and
PCB
waste
in
PCB
Containers
remaining
in
storage
for
disposal
at
the
facility
at
the
end
of
the
calendar
year.

(
vi)
The
total
number
of
PCB
Transformers,
the
total
number
of
PCB
Large
High
or
Low
Voltage
Capacitors,
the
total
number
of
PCB
Article
Containers,
and
the
total
number
of
PCB
Containers
remaining
in
storage
for
disposal
at
the
facility
at
the
end
of
the
calendar
year.

(
vii)
The
requirement
to
submit
annual
reports
to
the
Regional
Administrator
continues
until
the
submission
of
the
annual
report
for
the
calendar
year
during
which
the
facility
ceases
PCB
storage
or
disposal
operations.
Storage
operations
have
not
ceased
until
all
PCB
waste,
including
any
PCB
waste
generated
during
closure,
has
been
removed
from
the
facility.

(
4)
Whenever
a
commercial
storer
of
PCB
waste
accepts
PCBs
or
PCB
Items
at
his
storage
facility
and
transfers
the
PCB
waste
off­
site
to
another
facility
for
storage
or
disposal,
the
commercial
storer
of
PCB
waste
shall
initiate
a
manifest
under
subpart
K
of
this
part
for
the
transfer
of
PCBs
or
PCB
Items
to
the
next
storage
or
disposal
facility.
Note:

Any
requirements
for
weights
in
kilograms
of
PCBs
may
be
calculated
values
if
the
internal
volume
of
PCBs
in
containers
and
transformers
is
known
and
included
in
the
reports,
together
with
any
assumptions
on
the
density
of
the
PCBs
contained
in
the
containers
or
tranformers.
If
the
internal
volume
of
PCBs
is
not
known,
a
best
estimate
may
be
used.

(
5)
For
purposes
of
this
paragraph,
PCB
Voltage
Regulators
shall
be
recorded
and
reported
as
PCB
Transformers.

(
c)
Incineration
facilities.
Each
owner
or
operator
of
a
PCB
incinerator
facility
shall
collect
and
maintain
for
a
period
of
5
years
from
the
date
of
collection
the
following
information,
in
addition
to
the
information
required
in
paragraph
(
b)
of
this
section:

(
1)
When
PCBs
are
being
incinerated,
the
following
continuous
and
short­
interval
data:

(
i)
Rate
and
quantity
of
PCBs
fed
to
the
combustion
system
as
required
in
§
761.70(
a)(
3);

(
ii)
Temperature
of
the
combustion
process
as
required
in
§
761.70(
a)(
4);
and
(
iii)
Stack
emission
product
to
include
O2,
CO,
and
CO2
as
required
in
§
761.70(
a)(
7).

(
2)
When
PCBs
are
being
incinerated,
data
and
records
on
the
monitoring
of
stack
emissions
as
required
in
§
761.70(
a)(
6).

(
3)
Total
weight
in
kilograms
of
any
solid
residues
generated
by
the
incineration
of
PCBs
and
PCB
Items
during
the
calendar
year,
the
total
weight
in
kilograms
of
any
solid
residues
disposed
of
by
the
facility
in
chemical
waste
landfills,
and
the
total
weight
in
kilograms
of
any
solid
residues
remaining
on
the
facility
site.

(
4)
When
PCBs
and
PCB
Items
are
being
incinerated,
additional
periodic
data
shall
be
collected
and
maintained
as
specified
by
the
Regional
Administrator
pursuant
to
§
761.70(
d)(
4).

(
5)
Upon
any
suspension
of
the
operation
of
any
incinerator
pursuant
to
§
761.70(
a)(
8),
the
owner
or
operator
of
such
an
incinerator
shall
prepare
a
document.
The
document
shall,
at
a
minimum,
include
the
date
and
time
of
the
suspension
and
an
explanation
of
the
circumstances
causing
the
suspension
of
operation.
The
document
shall
be
sent
to
the
appropriate
Regional
Administrator
within
30
days
of
any
such
suspension.

(
d)
Chemical
waste
landfill
facilities.
Each
owner
or
operator
of
a
PCB
chemical
waste
landfill
facility
shall
collect
and
maintain
until
at
least
20
years
after
the
chemical
waste
landfill
is
no
longer
used
for
the
disposal
of
PCBs
the
following
information
in
addition
to
the
information
required
in
paragraph
(
b)
of
this
section:
(
1)
Any
water
analysis
obtained
in
compliance
with
§
761.75(
b)(
6)(
iii);
and
(
2)
Any
operations
records
including
burial
coordinates
of
wastes
obtained
in
compliance
with
§
761.75(
b)(
8)(
ii).

(
e)
High
efficiency
boiler
facilities.
Each
owner
or
operator
of
a
high
efficiency
boiler
used
for
the
disposal
of
liquids
between
50
and
500
ppm
PCB
shall
collect
and
maintain
for
a
period
of
5
years
the
following
information,
in
addition
to
the
information
required
in
paragraph
(
b)
of
this
section:

(
1)
For
each
month
PCBs
are
burned
in
the
boiler
the
carbon
monoxide
and
excess
oxygen
data
required
in
§
761.71(
a)(
1)(
viii)
and
§
761.71(
b)(
1)(
viii);

(
2)
The
quantity
of
PCBs
burned
each
month
as
required
in
§
761.71(
a)(
1)(
vii)
and
§
761.71(
b)(
1)(
vii);
and
(
3)
For
each
month
PCBs
(
other
than
mineral
oil
dielectric
fluid)
are
burned,
chemical
analysis
data
of
the
waste
as
required
in
§
761.71(
b)(
2)(
vi).

(
f)
Retention
of
special
records
by
storage
and
disposal
facilities.
In
addition
to
the
information
required
to
be
maintained
under
paragraphs
(
b),
(
c),
(
d)
and
(
e)
of
this
section,
each
owner
or
operator
of
a
PCB
storage
or
disposal
facility
(
including
high
efficiency
boiler
operations)
shall
collect
and
maintain
for
the
time
period
specified
in
paragraph
(
b)
of
this
section
the
following
data:

(
1)
All
documents,
correspondence,
and
data
that
have
been
provided
to
the
owner
or
operator
of
the
facility
by
any
State
or
local
government
agency
and
that
pertain
to
the
storage
or
disposal
of
PCBs
and
PCB
Items
at
the
facility.

(
2)
All
documents,
correspondence,
and
data
that
have
been
provided
by
the
owner
or
operator
of
the
facility
to
any
State
or
local
government
agency
and
that
pertain
to
the
storage
or
disposal
of
PCBs
and
PCB
Items
at
the
facility.

(
3)
Any
applications
and
related
correspondence
sent
by
the
owner
or
operator
of
the
facility
to
any
local,
State,
or
Federal
authorities
in
regard
to
waste
water
discharge
permits,
solid
waste
permits,
building
permits,
or
other
permits
or
authorizations
such
as
those
required
by
§
§
761.70(
d)
and
761.75(
c).

(
g)
Reclassification
records.
If
you
reclassify
electrical
equipment
using
the
procedures
in
§
761.30(
a)(
2)(
v)
or
§
761.30(
h)(
2)(
v),
you
must
keep
records
showing
that
you
followed
the
required
reclassification
procedures.
Where
these
procedures
require
testing,
the
records
must
include
copies
of
pre­
and
post­
reclassification
PCB
concentration
measurements
from
a
laboratory
using
quality
control
and
quality
assurance
procedures.
You
must
make
these
records
available
promptly
to
EPA
or
to
any
party
possessing
the
equipment
through
sale,
loan,
lease,
or
for
servicing.
You
must
retain
the
records
for
at
least
3
years
after
you
sell
or
dispose
of
the
equipment.
(
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
further
redesignated
at
47
FR
37360,
Aug.
25,
1982;
49
FR
28191,
July
10,
1984;
53
FR
12524,
Apr.
15,
1988;
54
FR
52750,
Dec.
21,
1989;
55
FR
26205,
June
27,
1990;
58
FR
34205,
June
23,
1993;
63
FR
35461,
June
29,
1998;
66
FR
17619,
Apr.
2,
2001]

§
761.185
Certification
program
and
retention
of
records
by
importers
and
persons
generating
PCBs
in
excluded
manufacturing
processes.

(
a)
In
addition
to
meeting
the
basic
requirements
of
§
761.1(
f)
and
the
definition
of
excluded
manufacturing
processes
at
§
761.3,
manufacturers
with
processes
inadvertently
generating
PCBs
and
importers
of
products
containing
inadvertently
generated
PCBs
must
report
to
EPA
any
excluded
manufacturing
process
or
imports
for
which
the
concentration
of
PCBs
in
products
leaving
the
manufacturing
site
or
imported
is
greater
than
2
micrograms
per
gram
(
2

g/
g,
roughly
2
ppm)
for
any
resolvable
gas
chromatographic
peak.
Such
reports
must
be
filed
by
October
1,
1984
or,
if
no
processes
or
imports
require
reports
at
the
time,
within
90
days
of
having
processes
or
imports
for
which
such
reports
are
required.

(
b)
Manufacturers
required
to
report
by
paragraph
(
a)
of
this
section
must
transmit
a
letter
notifying
EPA
of
the
number,
the
type,
and
the
location
of
excluded
manufacturing
processes
in
which
PCBs
are
generated
when
the
PCB
level
in
products
leaving
any
manufacturing
site
is
greater
than
2

g/
g
for
any
resolvable
gas
chromatographic
peak.
Importers
required
to
report
by
paragraph
(
a)
of
this
section
must
transmit
a
letter
notifying
EPA
of
the
concentration
of
PCBs
in
imported
products
when
the
PCB
concentration
of
products
being
imported
is
greater
than
2

g/
g
for
any
resolvable
gas
chromatographic
peak.
Persons
must
also
certify
the
following:

(
1)
Their
compliance
with
all
applicable
requirements
of
§
761.1(
f),
including
any
applicable
requirements
for
air
and
water
releases
and
process
waste
disposal.

(
2)
Whether
determinations
of
compliance
are
based
on
actual
monitoring
of
PCB
levels
or
on
theoretical
assessments.

(
3)
That
such
determinations
of
compliance
are
being
maintained.

(
4)
If
the
determination
of
compliance
is
based
on
a
theoretical
assessment,
the
letter
must
also
notify
EPA
of
the
estimated
PCB
concentration
levels
generated
and
released.

(
c)
Any
person
who
reports
pursuant
to
paragraph
(
a)
of
this
section:

(
1)
Must
have
performed
either
a
theoretical
analysis
or
actual
monitoring
of
PCB
concentrations.

(
2)
Must
maintain
for
a
period
of
three
years
after
ceasing
process
operations
or
importation,
or
for
seven
years,
whichever
is
shorter,
records
containing
the
following
information:
(
i)
Theoretical
analysis.
Manufacturers
records
must
include:
the
reaction
or
reactions
believed
to
be
generating
PCBs;
the
levels
of
PCBs
generated;
and
the
levels
of
PCBs
released.
Importers
records
must
include:
the
reaction
or
reactions
believed
to
be
generating
PCBs
and
the
levels
of
PCBs
generated;
the
basis
for
all
estimations
of
PCB
concentrations;
and
the
name
and
qualifications
of
the
person
or
persons
performing
the
theoretical
analysis;
or
(
ii)
Actual
monitoring.
(
A)
The
method
of
analysis.

(
B)
The
results
of
the
analysis,
including
data
from
the
Quality
Assurance
Plan.

(
C)
Description
of
the
sample
matrix.

(
D)
The
name
of
the
analyst
or
analysts.

(
E)
The
date
and
time
of
the
analysis.

(
F)
Numbers
for
the
lots
from
which
the
samples
are
taken.

(
d)
The
certification
required
by
paragraph
(
b)
of
this
section
must
be
signed
by
a
responsible
corporate
officer.
This
certification
must
be
maintained
by
each
facility
or
importer
for
a
period
of
three
years
after
ceasing
process
operation
or
importation,
or
for
seven
years,
whichever
is
shorter,
and
must
be
made
available
to
EPA
upon
request.
For
the
purpose
of
this
section,
a
responsible
corporate
officer
means:

(
1)
A
president,
secretary,
treasurer,
or
vice­
president
of
the
corporation
in
charge
of
a
principal
business
function,
or
any
other
person
who
performs
similar
policy
or
decision­
making
functions
for
the
corporation.

(
2)
The
manager
of
one
or
more
manufacturing,
production,
or
operating
facilities
employing
more
than
250
persons
or
having
gross
annual
sales
or
expenditures
exceeding
$
25,000,000
(
in
second
quarter
1980
dollars),
if
authority
to
sign
documents
has
been
assigned
or
delegated
to
the
manager
in
accordance
with
corporate
procedures.

(
e)
Any
person
signing
a
document
under
paragraph
(
d)
of
this
section
shall
also
make
the
following
certification:

I
certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance
with
a
system
designed
to
assure
that
qualified
personnel
properly
gather
and
evaluate
information.
Based
on
my
inquiry
of
the
person
or
persons
directly
responsible
for
gathering
information,
the
information
is,
to
the
best
of
my
knowledge
and
belief,
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
falsifying
information,
including
the
possibility
of
fines
and
imprisonment
for
knowing
violations.
Dated:
Signature:

(
f)
This
report
must
be
submitted
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G
 
099,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
ATTN:
PCB
Notification.
This
report
must
be
submitted
by
October
1,
1984
or
within
90
days
of
starting
up
processes
or
commencing
importation
of
PCBs.

(
g)
This
certification
process
must
be
repeated
whenever
process
conditions
are
significantly
modified
to
make
the
previous
certification
no
longer
valid.

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

[
49
FR
28191,
July
10,
1984;
49
FR
33019,
Aug.
20,
1984,
as
amended
at
53
FR
12524,
Apr.
15,
1988;
58
FR
34205,
June
23,
1993;
59
FR
33697,
June
30,
1994;
60
FR
34465,
July
3,
1995]

§
761.187
Reporting
importers
and
by
persons
generating
PCBs
in
excluded
manufacturing
processes.

In
addition
to
meeting
the
basic
requirements
of
§
761.1(
f)
and
the
definition
of
excluded
manufacturing
process
at
§
761.3,
PCB­
generating
manufacturing
processes
or
importers
of
PCB­
containing
products
shall
be
considered
"
excluded
manufacturing
processes"
only
when
the
following
conditions
are
met:

(
a)
Data
are
reported
to
the
EPA
by
the
owner/
operator
or
importer
concerning
the
total
quantity
of
PCBs
in
product
from
excluded
manufacturing
processes
leaving
any
manufacturing
site
in
any
calendar
year
when
such
quantity
exceeds
0.0025
percent
of
that
site's
rated
capacity
for
such
manufacturing
processes
as
of
October
1,
1984;
or
the
total
quantity
of
PCBs
imported
in
any
calendar
year
when
such
quantity
exceeds
0.0025
percent
of
the
average
total
quantity
of
such
product
containing
PCBs
imported
by
such
importer
during
the
years
1978,
1979,
1980,
1981
and
1982.

(
b)
Data
are
reported
to
the
EPA
by
the
owner/
operator
concerning
the
total
quantity
of
inadvertently
generated
PCBs
released
to
the
air
from
excluded
manufacturing
processes
at
any
manufacturing
site
in
any
calendar
year
when
such
quantity
exceeds
10
pounds.

(
c)
Data
are
reported
to
the
EPA
by
the
owner/
operator
concerning
the
total
quantity
of
inadvertently
generated
PCBs
released
to
water
from
excluded
manufacturing
processes
from
any
manufacturing
site
in
any
calendar
year
when
such
quantity
exceeds
10
pounds.

(
d)
These
reports
must
be
submitted
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G
 
099,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
ATTN:
PCB
Notification.

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

[
49
FR
28192,
July
10,
1984,
as
amended
at
53
FR
12524,
Apr.
15,
1988;
58
FR
34205,
June
23,
1993;
59
FR
33697,
June
30,
1994;
60
FR
34465,
July
3,
1995]
§
761.193
Maintenance
of
monitoring
records
by
persons
who
import,
manufacture,
process,
distribute
in
commerce,
or
use
chemicals
containing
inadvertently
generated
PCBs.

(
a)
Persons
who
import,
manufacture,
process,
distribute
in
commerce,
or
use
chemicals
containing
PCBs
present
as
a
result
of
inadvertent
generation
or
recycling
who
perform
any
actual
monitoring
of
PCB
concentrations
must
maintain
records
of
any
such
monitoring
for
a
period
of
three
years
after
a
process
ceases
operation
or
importing
ceases,
or
for
seven
years,
whichever
is
shorter.

(
b)
Monitoring
records
maintained
pursuant
to
paragraph
(
a)
of
this
section
must
contain:

(
1)
The
method
of
analysis.

(
2)
The
results
of
the
analysis,
including
data
from
the
Quality
Assurance
Plan.

(
3)
Description
of
the
sample
matrix.

(
4)
The
name
of
the
analyst
or
analysts.

(
5)
The
date
and
time
of
the
analysis.

(
6)
Numbers
for
the
lots
from
which
the
samples
are
taken.

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

[
49
FR
28193,
July
10,
1984,
as
amended
at
58
FR
34205,
June
23,
1993]

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
Source:
54
FR
52752,
Dec.
21,
1989,
unless
otherwise
noted.

§
761.202
EPA
identification
numbers.

(
a)
General.
Any
generator,
commercial
storer,
transporter,
or
disposer
of
PCB
waste
who
is
required
to
have
an
EPA
identification
number
under
this
subpart
must
notify
EPA
of
his/
her
PCB
waste
handling
activities,
using
the
notification
procedures
and
form
described
in
§
761.205.
EPA
will
confirm
the
EPA
identification
number
of
facilities
already
assigned
one,
and
will
assign
an
EPA
identification
number
to
facilities
that
do
not
have
one.

(
b)
Prohibitions.
After
June
4,
1990:

(
1)
A
generator
of
PCB
waste
shall
not:

(
i)
Process,
store,
dispose
of,
transport,
or
offer
for
transportation
PCB
waste
without
having
received
an
EPA
identification
number
from
the
Agency.
A
generator
of
PCB
waste
who
is
exempted
from
notification
under
§
761.205(
c)(
1)
or
who
notifies
EPA
in
a
timely
manner
under
§
761.205(
c)(
2)(
i),
but
has
not
yet
received
a
unique
identification
number,
shall
be
regarded
as
having
received
from
EPA
the
identification
number
"
40
CFR
PART
761."

(
ii)
Offer
the
PCB
waste
to
transporters,
disposers,
or
commercial
storers
of
PCB
waste
who
have
not
received
an
EPA
identification
number.

(
2)
A
transporter
of
PCB
waste
shall
not:

(
i)
Transport
PCB
waste
without
having
received
an
EPA
identification
number
from
EPA.

(
ii)
Deliver
PCB
waste
to
transporters,
disposers,
or
commercial
storers
of
PCB
waste
that
have
not
received
an
EPA
identification
number.

(
3)
A
commercial
storer
of
PCB
waste
shall
not
accept
any
PCB
waste
for
storage
without
having
received
an
EPA
identification
number
from
EPA.

(
4)
A
disposer
of
PCB
waste
shall
not
accept
any
PCB
waste
for
disposal
without
having
received
an
EPA
identification
number
from
EPA.
A
disposer
of
PCB
waste
who
owns
more
than
one
disposal
facility
or
mobile
treatment
unit
shall
not
accept
waste
unless
the
disposer
has
received
an
EPA
identification
number
for
each
facility
or
mobile
unit.

(
c)
PCB
waste
handled
prior
to
effective
date
of
this
subpart.
Generators
(
other
than
generators
exempt
from
notification
under
§
761.205(
c)(
1)),
commercial
storers,
transporters,
and
disposers
of
PCB
waste
who
are
required
to
have
EPA
identification
numbers
under
this
subpart,
and
who
were
engaged
in
PCB
waste
handling
activities
on
or
prior
to
February
5,
1990,
are
not
subject
to
the
prohibitions
of
paragraph
(
b)
of
this
section
if
they
have
applied
for
an
EPA
identification
number
in
accordance
with
the
applicable
notification
procedures
of
§
761.205.
Such
persons
shall
use
the
EPA
identification
number
"
40
CFR
PART
761,"
or
a
number
assigned
to
the
persons
by
EPA
or
a
State
under
RCRA,
until
EPA
issues
to
such
persons
a
specific
identification
number
under
§
761.205(
a),
(
b),
or
(
c).

(
d)
PCB
waste
first
handled
after
effective
date
of
this
subpart.
Generators
(
other
than
generators
exempt
from
notification
under
§
761.205(
c)(
1)),
commercial
storers,
transporters,
and
disposers
of
PCB
waste
who
are
required
to
have
EPA
identification
numbers
under
this
subpart,
and
who
first
engage
in
PCB
waste
activities
after
February
5,
1990,
are
subject
to
the
prohibitions
in
paragraph
(
b)
of
this
section.

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

(
a)(
1)
All
commercial
storers,
transporters,
and
disposers
of
PCB
waste
who
were
engaged
in
PCB
waste
handling
activities
on
or
prior
to
February
5,
1990
shall
notify
EPA
of
their
PCB
waste
activities
by
filing
EPA
Form
7710
 
53
with
EPA
by
no
later
than
April
4,
1990.
Upon
receiving
the
notification
form,
EPA
will
assign
an
EPA
identification
number
to
each
entity
that
notifies.
(
2)
All
generators
(
other
than
generators
exempt
from
notification
under
paragraph
(
c)(
1)
of
this
section),
commercial
storers,
transporters,
and
disposers
of
PCB
waste
who
first
engage
in
PCB
waste
handling
activities
after
February
5,
1990,
shall
notify
EPA
of
their
PCB
waste
activities
by
filing
EPA
Form
7710
 
53
with
EPA
prior
to
engaging
in
PCB
waste
handling
activities.

(
3)
Any
person
required
to
notify
EPA
under
this
section
shall
file
with
EPA
Form
7710
 
53.
Copies
of
EPA
Form
7710
 
53
are
available
from
the
Operation
Branch
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.
SW.,
Washington,
DC
20460.
Descriptive
information
and
instructions
for
filling
in
the
form
are
included
in
paragraphs
(
a)(
4)
(
i)
through
(
vii)
of
this
section.

(
4)
All
of
the
following
information
shall
be
provided
to
EPA
on
Form
7710
 
53:

(
i)
The
name
of
the
facility,
and
the
name
of
the
owner
or
operator
of
the
facility.

(
ii)
EPA
identification
number,
if
any,
previously
issued
to
the
facility.

(
iii)
The
facility's
mailing
address.

(
iv)
The
location
of
the
facility.

(
v)
The
facility's
installation
contact
and
telephone
number.

(
vi)
The
type
of
PCB
waste
activity
engaged
in
at
the
facility.

(
vii)
Signature
of
the
signer
of
the
certification
statement,
typed
or
printed
name
and
official
title
of
signer,
and
date
signed.

(
viii)
EPA
has
determined
that
the
information
in
paragraphs
(
a)(
4)(
i)
through
(
a)(
4)(
vii)
of
this
section
shall
not
be
treated
as
confidential
business
information.
This
information
will
be
disclosed
to
the
public
without
further
notice
to
the
submitter
unless
the
submitter
provides
a
written
justification
(
submitted
with
the
notification
form)
which
demonstrates
extraordinary
reasons
why
the
information
should
be
entitled
to
confidential
treatment.

(
b)
Generators
(
other
than
those
generators
exempt
from
notification
under
paragraph
(
c)(
1)
of
this
section),
commercial
storers,
transporters,
and
disposers
of
PCB
waste
who
have
previously
notified
EPA
or
a
State
of
hazardous
waste
activities
under
RCRA
shall
notify
EPA
of
their
PCB
waste
activities
under
this
part
by
filing
EPA
Form
7710
 
53
with
EPA
by
no
later
than
April
4,
1990.
The
notification
shall
include
the
EPA
identification
number
previously
issued
by
EPA
or
the
State
and
upon
receipt
of
the
notification,
EPA
shall
verify
and
authorize
the
use
of
the
previously
issued
identification
number
for
PCB
waste
activities.

(
c)(
1)
Generators
of
PCB
waste
need
not
notify
EPA
and
receive
unique
EPA
identification
numbers
under
this
section,
unless
their
PCB
waste
activities
are
described
in
paragraph
(
c)(
2)
of
this
section.
Generators
exempted
from
notifying
EPA
under
this
paragraph
shall
use
the
generic
identification
number
"
40
CFR
PART
761"
on
the
manifests,
records,
and
reports
which
they
shall
prepare
under
this
subpart,
unless
such
generators
elect
to
use
a
unique
EPA
identification
number
previously
assigned
to
them
under
RCRA
by
EPA
or
a
State.

(
2)
Generators
of
PCB
waste
who
use,
own,
service,
or
process
PCBs
or
PCB
Items
shall
notify
EPA
of
their
PCB
waste
activities
only
if
they
own
or
operate
PCB
storage
facilities
subject
to
the
storage
requirements
of
§
761.65
(
b)
or
(
c)(
7).
Such
generators
shall
notify
EPA
in
the
following
manner:

(
i)
Generators
storing
PCB
waste
subject
to
the
storage
requirements
of
§
761.65
(
b)
or
(
c)(
7)
shall
notify
EPA
by
filing
EPA
Form
7710
 
53
with
EPA
by
no
later
than
April
4,
1990.

(
ii)
Generators
who
desire
to
commence
storage
of
PCB
waste
after
February
5,
1990
shall
notify
EPA
and
receive
an
EPA
identification
number
before
they
may
commence
storage
of
PCBs
at
their
facilities
established
under
§
761.65
(
b)
or
(
c)(
7).

(
iii)
A
separate
notification
shall
be
submitted
to
EPA
for
each
PCB
storage
facility
owned
or
operated
by
generators
of
PCB
waste.
Upon
receiving
these
notifications,
EPA
will
assign
generators
unique
EPA
identification
numbers
for
each
storage
facility
notifying
EPA
under
this
section.

(
d)
Persons
required
to
notify
under
this
section
shall
file
EPA
Form
7710
 
53
with
EPA
by
mailing
the
form
to
the
following
address:
Chief,
Operation
Branch
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

(
e)
The
requirements
under
this
section
to
notify
EPA
and
obtain
EPA
identification
numbers
shall
in
no
case
excuse
compliance
by
any
person
subject
to
the
1­
year
limit
on
storage
prior
to
disposal
under
§
761.65(
a).

(
f)
When
a
facility
has
previously
notified
EPA
of
its
PCB
waste
handling
activities
using
EPA
Form
7710­
53
and
those
activities
change,
the
facility
must
resubmit
EPA
Form
7710­
53
to
reflect
those
changes
no
later
than
30
days
from
when
a
change
is
made.
Examples
of
when
a
PCB
waste
handler
must
renotify
the
Agency
include,
but
are
not
limited
to
the
following:
the
company
changes
location
of
the
facility;
or
the
company
had
notified
solely
as
engaging
in
a
certain
type
of
PCB
waste
handling
activity
and
now
wishes
to
engage
in
another
PCB
waste
activity
(
e.
g.,
previously
only
commercially
stored
PCB
waste
and
now
wishes
to
transport
PCB
waste).

[
54
FR
52752,
Dec.
21,
1989,
as
amended
at
58
FR
15809,
Mar.
24,
1993;
58
FR
34205,
June
23,
1993;
59
FR
33697,
June
30,
1994;
63
FR
35461,
June
29,
1998]
§
761.207
The
manifest
 
general
requirements.

(
a)
A
generator
who
relinquishes
control
over
PCB
wastes
by
transporting,
or
offering
for
transport
by
his
own
vehicle
or
by
a
vehicle
owned
by
another
person,
PCB
waste
for
commercial
off­
site
storage
or
off­
site
disposal
shall
prepare
a
manifest
on
EPA
Form
8700
 
22,
and
if
necessary,
a
continuation
sheet.
The
generator
shall
specify:

(
1)
For
each
bulk
load
of
PCBs,
the
identity
of
the
PCB
waste,
the
earliest
date
of
removal
from
service
for
disposal,
and
the
weight
in
kilograms
of
the
PCB
waste.

(
2)
For
each
PCB
Article
Container
or
PCB
Container,
the
unique
identifying
number,
type
of
PCB
waste
(
e.
g.,
soil,
debris,
small
capacitors),
earliest
date
of
removal
from
service
for
disposal,
and
weight
in
kilograms
of
the
PCB
waste
contained.

(
3)
For
each
PCB
Article
not
in
a
PCB
Container
or
PCB
Article
Container,
the
serial
number
if
available,
or
other
identification
if
there
is
no
serial
number,
the
date
of
removal
from
service
for
disposal,
and
weight
in
kilograms
of
the
PCB
waste
in
each
PCB
Article.

(
b)
EPA
does
not
maintain
supplies
of
printed
copies
of
Form
8700
 
22
for
public
use,
although
printed
copies
of
the
manifest
may
be
available
from
State
offices.
Camera­
ready
copies
of
the
form
are
available
for
printing
purposes
from
State
offices,
EPA
Regional
Offices,
and
EPA
Headquarters.

(
c)
If
the
State
to
which
the
shipment
is
manifested
(
i.
e.,
consignment
State)
supplies
the
manifest
and
requires
its
use,
then
the
generator
must
use
that
manifest.

(
d)
If
the
consignment
State
does
not
supply
the
manifest,
but
the
State
in
which
the
generator
is
located
(
i.
e.,
generator
State)
supplies
the
manifest
and
requires
its
use,
then
the
generator
must
use
that
State's
manifest.

(
e)
If
both
the
consignment
State
and
the
generator
State
supply
manifests
and
require
their
use,
the
generator
must
use
the
consignment
State's
manifest.

(
f)
If
neither
the
generator
State
nor
the
consignment
State
supplies
the
manifest,
the
generator
may
obtain
the
manifest
from
any
source.

(
g)
A
generator
shall
designate
on
the
manifest
one
off­
site
commercial
storage
or
disposal
facility
approved
under
this
part
for
the
commercial
storage
or
disposal
of
the
PCBs
and
PCB
Items
described
on
the
manifest.

(
h)
If
the
transporter
is
unable
to
deliver
the
PCB
waste
to
the
designated
disposer
or
commercial
storer,
the
transporter
must
contact
the
generator
of
the
PCB
waste
for
instructions.
The
generator
shall
either
designate
another
approved
disposer
or
commercial
storer,
or
instruct
the
transporter
to
return
the
PCB
waste
back
to
the
generator.

(
i)
The
manifest
which
accompanies
the
PCB
waste
shall
consist
of
at
a
minimum
the
number
of
copies
required
to
provide
the
generator,
the
initial
transporter,
each
subsequent
transporter,
and
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility
with
one
legible
copy
each
for
their
records,
and
one
additional
copy
to
be
returned
to
the
generator
by
the
owner
or
operator
of
the
first
designated
commercial
storage
or
disposal
facility.

(
j)
The
requirements
of
this
section
apply
only
to
PCB
wastes
as
defined
in
§
761.3.
This
includes
PCB
wastes
with
PCB
concentrations
below
50
ppm
where
the
PCB
concentration
below
50
ppm
was
the
result
of
dilution;
these
PCB
wastes
are
required
under
§
761.1(
b)
to
be
managed
as
if
they
contained
PCB
concentrations
of
50
ppm
and
above.
An
example
of
such
a
PCB
waste
is
spill
cleanup
material
containing
<
50
ppm
PCBs
when
the
spill
involved
material
containing
PCBs
at
a
concentration
of

50
ppm
.
However,
there
is
no
manifest
requirement
for
material
currently
below
50
ppm
which
derives
from
pre­
April
18,
1978,
spills
of
any
concentration,
pre­
July
2,
1979,
spills
of
<
500
ppm
PCBs,
or
materials
decontaminated
in
accordance
with
§
761.79.

[
54
FR
52752,
Dec.
21,
1989,
as
amended
at
63
FR
35461,
June
29,
1998]

§
761.208
Use
of
the
manifest.

(
a)(
1)
The
generator
of
PCB
waste
shall:

(
i)
Sign
the
manifest
certification
by
hand.

(
ii)
Obtain
the
handwritten
signature
of
the
initial
transporter
and
date
of
acceptance
on
the
manifest.

(
iii)
Retain
one
copy
among
its
records
in
accordance
with
§
761.209(
a).

(
iv)
Give
to
the
transporter
the
remaining
copies
of
the
manifest
that
will
accompany
the
shipment
of
PCB
waste.

(
2)
For
bulk
shipments
of
PCB
waste
within
the
United
States
transported
solely
by
water,
the
generator
shall
send
three
copies
of
the
manifest
dated
and
signed
in
accordance
with
this
section
directly
to
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility.
Copies
of
the
manifest
are
not
required
for
each
transporter.

(
3)
For
rail
shipments
of
PCB
waste
within
the
United
States
which
originate
at
the
site
of
generation,
the
generator
shall
send
at
least
three
copies
of
the
manifest
dated
and
signed
in
accordance
with
this
section
to:

(
i)
The
next
non­
rail
transporter,
if
any.

(
ii)
The
designated
commercial
storage
or
disposal
facility
if
transported
solely
by
rail.

(
4)
When
a
generator
has
employed
an
independent
transporter
to
transport
the
PCB
waste
to
a
commercial
storer
or
disposer,
the
generator
shall
confirm
by
telephone,
or
by
other
means
of
confirmation
agreed
to
by
both
parties,
that
the
commercial
storer
or
disposer
actually
received
the
manifested
waste.
The
generator
shall
confirm
receipt
of
the
waste
by
close
of
business
the
day
after
he
receives
the
manifest
hand­
signed
by
the
commercial
storer
or
disposer,
in
accordance
with
paragraph
(
c)(
1)(
iv)
of
this
section.
If
the
generator
has
not
received
the
hand­
signed
manifest
within
35
days
after
the
independent
transporter
accepted
the
PCB
waste,
the
generator
shall
telephone,
or
communicate
with
by
some
other
agreed­
upon
means,
the
disposer
or
commercial
storer
to
determine
whether
the
PCB
waste
has
actually
been
received.
If
the
PCB
waste
has
not
been
received,
the
generator
shall
contact
the
independent
transporter
to
determine
the
disposition
of
the
PCB
waste.
If
the
generator
has
not
received
a
hand­
signed
manifest
from
an
EPA­
approved
facility
within
10
days
from
the
date
of
the
telephone
call
or
other
agreed
upon
means
of
communication,
to
the
independent
transporter,
the
generator
shall
submit
an
exception
report
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
generator
is
located,
as
specified
in
§
761.215.
The
generator
shall
retain
a
written
record
of
all
telephone
or
other
confirmations
to
be
included
in
the
annual
document
log,
in
accordance
with
§
761.180.

(
b)(
1)
A
transporter
shall
not
accept
PCB
waste
from
a
generator
unless
it
is
accompanied
by
a
manifest
signed
by
the
generator
in
accordance
with
paragraph
(
a)(
1)
of
this
section,
except
that
a
manifest
is
not
required
if
any
one
of
the
following
conditions
exists:

(
i)
The
shipment
of
PCB
waste
consists
solely
of
PCB
wastes
with
PCB
concentrations
below
50
ppm,
unless
the
PCB
concentration
below
50
ppm
was
the
result
of
dilution,
in
which
case
§
761.1(
b)
requires
that
the
waste
be
managed
as
if
it
contained
PCBs
at
the
concentration
prior
to
dilution.

(
ii)
The
PCB
waste
is
accepted
by
the
transporter
for
transport
only
to
a
storage
or
disposal
facility
owned
or
operated
by
the
generator
of
the
PCB
waste.

(
2)
Before
transporting
the
PCB
waste,
the
transporter
shall
sign
and
date
the
manifest
acknowledging
acceptance
of
the
PCB
waste
from
the
generator.
The
transporter
shall
return
a
signed
copy
to
the
generator
before
leaving
the
generator's
facility.

(
3)
The
transporter
shall
ensure
that
the
manifest
accompanies
the
PCB
waste.

(
4)
A
transporter
who
delivers
PCB
waste
to
another
transporter,
or
to
the
designated
commercial
storer
or
disposer
of
PCB
waste,
shall:

(
i)
Obtain
the
date
of
delivery
and
the
handwritten
signature
of
the
subsequent
transporter
of
PCB
waste,
or
of
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility
on
the
manifest.

(
ii)
Retain
one
copy
of
the
manifest
in
accordance
with
§
761.209(
b).

(
iii)
Give
the
remaining
copies
of
the
manifest
to
the
accepting
transporter
of
PCB
waste,
or
to
the
designated
commercial
storage
or
disposal
facility.

(
5)
The
requirements
of
paragraphs
(
b)
(
3)
and
(
4)
of
this
section
shall
not
apply
to
transporters
of
bulk
shipments
by
water
if
all
of
the
following
conditions
are
met:
(
i)
The
PCB
waste
is
delivered
by
water
(
bulk
shipment)
to
the
designated
commercial
storage
or
disposal
facility.

(
ii)
A
shipping
paper
containing
all
the
information
required
on
the
manifest
(
excluding
EPA
identification
number,
generator
certification,
and
signatures)
accompanies
the
PCB
waste.

(
iii)
The
transporter
delivering
the
PCB
waste
obtains
the
date
of
delivery
and
handwritten
signature
of
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility
on
either
the
manifest
or
the
shipping
paper.

(
iv)
The
person
delivering
the
PCB
waste
to
the
initial
water
(
bulk
shipment)
transporter
obtains
the
date
of
delivery
and
signature
of
the
water
(
bulk
shipment)
transporter
on
the
manifest
and
forwards
it
to
the
designated
facility.

(
v)
A
copy
of
the
shipping
paper
or
manifest
is
retained
by
each
water
(
bulk
shipment)
transporter
in
accordance
with
§
761.209(
b).

(
6)
For
shipments
involving
rail
transportation,
the
requirements
of
paragraphs
(
b)(
3)
and
(
b)(
4)
of
this
section
shall
not
apply.
Instead,
the
requirements
described
at
§
263.20(
f)
of
this
chapter
for
the
rail
transportation
of
hazardous
waste
apply
to
such
shipments.
The
rail
transporter
shall
retain
one
copy
of
the
manifest
or
rail
shipping
paper
in
accordance
with
§
761.209(
b).

(
7)
The
transporter
shall
deliver
the
entire
quantity
of
PCB
waste
accepted
from
a
generator
or
transporter
to
either
of
the
following
destinations:

(
i)
The
designated
commercial
storage
or
disposal
facility
listed
on
the
manifest.

(
ii)
The
next
designated
transporter
of
PCB
waste.

(
8)
If
the
PCB
waste
cannot
be
delivered
in
accordance
with
paragraph
(
b)(
7)
of
this
section,
the
transporter
shall
contact
the
generator
for
further
directions
and
shall
revise
the
manifest
and/
or
return
the
PCB
waste
according
to
the
generator's
instructions.

(
9)
No
provision
of
this
section
shall
be
construed
to
affect
or
limit
the
applicability
of
any
requirement
applicable
to
transporters
of
PCB
waste
under
regulations
issued
by
the
Department
of
Transportation
(
DOT)
and
set
forth
at
49
CFR
part
171.

(
c)(
1)
If
a
commercial
storage
or
disposal
facility
receives
an
off­
site
shipment
of
PCB
waste
accompanied
by
a
manifest,
the
owner
or
operator,
or
his
agent,
shall:

(
i)
Sign
and
date
each
copy
of
the
manifest
to
certify
that
the
PCB
waste
covered
by
the
manifest
was
received.

(
ii)
Note
any
significant
discrepancies
in
the
manifest
(
as
defined
in
§
761.210(
a)(
1))
on
each
copy
of
the
manifest.
(
iii)
Immediately
give
the
transporter
at
least
one
copy
of
the
signed
manifest.

(
iv)
Within
30
days
after
the
delivery,
send
a
copy
of
the
manifest
to
the
generator.

(
v)
Retain
a
copy
of
each
manifest
among
the
facility's
records
in
accordance
with
§
761.209(
d).

(
2)
If
a
commercial
storage
or
disposal
facility
receives
PCB
waste
from
a
rail
or
water
(
bulk
shipment)
transporter
accompanied
by
a
shipping
paper
containing
all
the
information
required
on
the
manifest
except
the
EPA
identification
numbers,
generator's
certification,
and
signatures,
the
owner
or
operator,
or
his
agent,
shall:

(
i)
Sign
and
date
each
copy
of
the
manifest
or
shipping
paper
to
certify
that
the
PCB
waste
covered
by
the
manifest
or
shipping
paper
was
received.

(
ii)
Note
any
significant
discrepancies
in
the
manifest
or
shipping
paper
on
each
copy
of
the
manifest
or
shipping
paper.

(
iii)
Immediately
give
the
rail
or
water
transporter
at
least
one
copy
of
the
manifest
or
shipping
paper,
if
applicable.

(
iv)
Within
30
days
after
the
delivery,
send
a
copy
of
the
signed
and
dated
manifest
to
the
generator;
however,
if
the
manifest
has
not
been
received
within
30
days
after
delivery,
the
owner
or
operator
shall
send
a
copy
of
the
shipping
paper
signed
and
dated
to
the
generator.

(
v)
Retain
at
the
commercial
storage
or
disposal
facility
a
copy
of
the
manifest
and
shipping
paper,
if
signed
in
lieu
of
the
manifest,
in
accordance
with
§
761.209(
d).

(
3)
Whenever
an
off­
site
shipment
of
PCB
waste
is
initiated
from
a
commercial
storage
or
disposal
facility,
the
owner
or
operator
of
the
commercial
storage
or
disposal
facility
shall
comply
with
the
manifest
requirements
that
apply
to
generators
of
PCB
waste.

§
761.209
Retention
of
manifest
records.

(
a)
A
generator
of
PCB
waste
shall
keep
a
copy
of
each
manifest
signed
in
accordance
with
§
761.208(
a)(
1)
until
the
generator
receives
a
signed
copy
from
the
designated
commercial
storage
or
disposal
facility
which
received
the
PCB
waste.
The
copy
signed
by
the
commercial
storer
or
disposer
shall
be
retained
for
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.
A
generator
subject
to
annual
document
requirements
under
§
761.180
shall
retain
copies
of
each
manifest
for
the
period
required
by
§
761.180(
a).

(
b)(
1)
A
transporter
of
PCB
waste
shall
keep
a
copy
of
the
manifest
signed
by
the
generator,
transporter,
and
the
next
designated
transporter,
if
applicable,
or
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility.
This
copy
shall
be
retained
for
a
period
of
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.
(
2)
For
shipments
of
PCB
waste
delivered
to
the
designated
commercial
storage
or
disposal
facility
by
water
(
bulk
shipment),
each
water
(
bulk
shipment)
transporter
shall
retain
a
copy
of
the
shipping
paper
described
in
§
761.208(
b)(
5)(
ii)
for
a
period
of
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.

(
3)
For
shipments
of
PCB
waste
by
rail
within
the
United
States:

(
i)
The
initial
rail
transporter
shall
keep
a
copy
of
the
manifest
and
the
shipping
paper
required
to
accompany
the
PCB
waste
for
a
period
of
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.

(
ii)
The
final
rail
transporter
shall
keep
a
copy
of
the
signed
manifest,
or
the
required
shipping
paper
if
signed
by
the
designated
facility
in
lieu
of
the
manifest,
for
a
period
of
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.

(
c)
The
owner
or
operator
of
a
PCB
commercial
storage
or
disposal
facility
that
receives
off­
site
shipments
of
PCB
waste
shall
retain
at
the
facility
for
at
least
3
years
a
copy
of
each
manifest
or
shipping
paper
that
the
owner
or
operator
signs
in
accordance
with
§
761.208
(
c)(
1)
or
(
c)(
3).

(
d)
The
periods
of
record
retention
required
by
this
section
shall
be
extended
automatically
during
the
course
of
any
outstanding
enforcement
action
regarding
the
regulated
activity.

[
54
FR
52752,
Dec.
21,
1989,
as
amended
at
58
FR
34205,
June
23,
1993]

§
761.210
Manifest
discrepancies.

(
a)
Manifest
discrepancies
are
differences
between
the
quantity
or
type
of
PCB
waste
designated
on
the
manifest
or
shipping
paper
and
the
quantity
or
type
of
PCB
waste
actually
delivered
to
and
received
by
a
designated
facility.

(
1)
Significant
discrepancies
in
quantity
are:

(
i)
Variations
greater
than
10
percent
in
weight
of
PCB
waste
in
containers.

(
ii)
Any
variation
in
piece
count,
such
as
a
discrepancy
of
one
PCB
Transformer
or
PCB
Container
or
PCB
Article
Container
in
a
truckload.

(
2)
Significant
discrepancies
in
type
of
PCB
waste
are
obvious
differences
which
may
be
discovered
by
inspection
or
waste
analysis,
such
as
the
substitution
of
solids
for
liquids
or
the
substitution
of
high
concentration
PCBs
(
above
500
ppm)
with
lower
concentration
materials.

(
b)
Upon
discovering
a
significant
discrepancy,
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility
shall
attempt
to
reconcile
the
discrepancy
with
the
waste
generator
or
transporter.
If
the
discrepancy
is
not
resolved
within
15
days
after
receiving
the
PCB
waste,
such
owner
or
operator
shall
immediately
submit
to
the
Regional
Administrator
for
the
Region
in
which
the
designated
facility
is
located
a
letter
describing
the
discrepancy
and
attempts
to
reconcile
it,
and
a
copy
of
the
manifest
or
shipping
paper
at
issue.

[
54
FR
52752,
Dec.
21,
1989,
as
amended
at
58
FR
34205,
June
23,
1993]

§
761.211
Unmanifested
waste
report.

(
a)
After
April
4,
1990,
if
a
PCB
commercial
storage
or
disposal
facility
receives
any
shipment
of
PCB
waste
from
an
off­
site
source
without
an
accompanying
manifest
or
shipping
paper
(
where
required
in
place
of
a
manifest),
and
any
part
of
the
shipment
consists
of
any
PCB
waste
regulated
for
disposal,
then
the
owner
or
operator
of
the
commercial
storage
or
disposal
facility
shall
attempt
to
contact
the
generator,
using
information
supplied
by
the
transporter,
to
obtain
a
manifest
or
to
return
the
PCB
waste.

(
b)
If
the
owner
or
operator
of
the
commercial
storage
or
disposal
facility
cannot
contact
the
generator
of
the
PCB
waste,
he
shall
notify
the
Regional
Administrator
of
the
EPA
region
in
which
his
facility
is
located
of
the
unmanifested
PCB
waste
so
that
the
Regional
Administrator
can
determine
whether
further
actions
are
required
before
the
owner
or
operator
may
store
or
dispose
of
the
unmanifested
PCB
waste.

(
c)
Within
15
days
after
receiving
the
unmanifested
PCB
waste,
the
owner
or
operator
shall
prepare
and
submit
a
report
to
the
Regional
Administrator
for
the
Region
in
which
the
commercial
storage
or
disposal
facility
is
located
and
to
the
Regional
Administrator
for
the
Region
in
which
the
PCB
waste
originated,
if
known.
The
report
may
be
submitted
on
EPA
Form
8700
 
13B,
or
by
a
written
letter
designated
"
Unmanifested
Waste
Report."
The
report
shall
include
the
following
information:

(
1)
The
EPA
identification
number,
name,
and
address
of
the
PCB
commercial
storage
or
disposal
facility.

(
2)
The
date
the
commercial
storage
or
disposal
facility
received
the
unmanifested
PCB
waste.

(
3)
The
EPA
identification
number,
name,
and
address
of
the
generator
and
transporter,
if
available.

(
4)
A
description
of
the
type
and
quantity
of
the
unmanifested
PCB
waste
received
at
the
facility.

(
5)
A
brief
explanation
of
why
the
waste
was
unmanifested,
if
known.

(
6)
The
disposition
made
of
the
unmanifested
waste
by
the
commercial
storage
or
disposal
facility,
including:

(
i)
If
the
waste
was
stored
or
disposed
by
that
facility,
was
the
generator
identified
and
was
a
manifest
subsequently
supplied.
(
ii)
If
the
waste
was
sent
back
to
the
generator,
why
and
when.

[
54
FR
52752,
Dec.
21,
1989,
as
amended
at
58
FR
34205,
June
23,
1993]

§
761.215
Exception
reporting.

(
a)
A
generator
of
PCB
waste,
who
does
not
receive
a
copy
of
the
manifest
with
the
handwritten
signature
of
the
owner
or
operator
of
the
designated
PCB
commercial
storage
or
disposal
facility
within
35
days
of
the
date
the
waste
was
accepted
by
the
initial
transporter,
shall
immediately
contact
the
transporter
and/
or
the
owner
or
operator
of
the
designated
facility
to
determine
the
status
of
the
PCB
waste.

(
b)
A
generator
of
PCB
waste
subject
to
the
manifesting
requirements
shall
submit
an
Exception
Report
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
generator
is
located
if
the
generator
has
not
received
a
copy
of
the
manifest
with
the
hand
written
signature
of
the
owner
or
operator
of
the
designated
facility
within
45
days
of
the
date
the
waste
was
accepted
by
the
initial
transporter.
The
exception
report
shall
be
submitted
to
EPA
no
later
than
45
days
from
the
date
on
which
the
generator
should
have
received
the
manifest.
The
Exception
Report
shall
include
the
following:

(
1)
A
legible
copy
of
the
manifest
for
which
the
generator
does
not
have
confirmation
of
delivery.

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

(
c)
A
disposer
of
PCB
waste
shall
submit
a
One­
year
Exception
Report
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
disposal
facility
is
located
no
later
than
45
days
from
the
end
of
the
1­
year
storage
for
disposal
date
when
the
following
occurs:

(
1)
The
disposal
facility
receives
PCBs
or
PCB
Items
on
a
date
more
than
9
months
from
the
date
the
PCBs
or
PCB
Items
were
removed
from
service
for
disposal,
as
indicated
on
the
manifest
or
continuation
sheet;
and
(
2)
Because
of
contractual
commitments
or
other
factors
affecting
the
facility's
disposal
capacity,
the
disposer
of
PCB
waste
could
not
dispose
of
the
affected
PCBs
or
PCB
Items
within
1
year
of
the
date
of
removal
from
service
for
disposal.

(
d)
A
generator
or
commercial
storer
of
PCB
waste
who
manifests
PCBs
or
PCB
Items
to
a
disposer
of
PCB
waste
shall
submit
a
One­
year
Exception
Report
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
generator
or
commercial
storer
is
located
no
later
than
45
days
from
the
date
the
following
occurs:

(
1)
The
generator
or
commercial
storer
transferred
the
PCBs
or
PCB
Items
to
the
disposer
of
PCB
waste
on
a
date
within
9
months
from
the
date
of
removal
from
service
for
disposal
of
the
affected
PCBs
or
PCB
Items,
as
indicated
on
the
manifest
or
continuation
sheet;
and
(
2)
The
generator
or
commercial
storer
either
has
not
received
within
13
months
from
the
date
of
removal
from
service
for
disposal
a
Certificate
of
Disposal
confirming
the
disposal
of
the
affected
PCBs
or
PCB
Items,
or
the
generator
or
commercial
storer
receives
a
Certificate
of
Disposal
confirming
disposal
of
the
affected
PCBs
or
PCB
Items
on
a
date
more
than
1
year
after
the
date
of
removal
from
service.

(
e)
The
One­
year
Exception
Report
shall
include:

(
1)
A
legible
copy
of
any
manifest
or
other
written
communication
relevant
to
the
transfer
and
disposal
of
the
affected
PCBs
or
PCB
Items.

(
2)
A
cover
letter
signed
by
the
submitter
or
an
authorized
representative
explaining:

(
i)
The
date(
s)
when
the
PCBs
or
PCB
Items
were
removed
from
service
for
disposal.

(
ii)
The
date(
s)
when
the
PCBs
or
PCB
Items
were
received
by
the
submitter
of
the
report,
if
applicable.

(
iii)
The
date(
s)
when
the
affected
PCBs
or
PCB
Items
were
transferred
to
a
designated
disposal
facility.

(
iv)
The
identity
of
the
transporters,
commercial
storers,
or
disposers
known
to
be
involved
with
the
transaction.

(
v)
The
reason,
if
known,
for
the
delay
in
bringing
about
the
disposal
of
the
affected
PCBs
or
PCB
Items
within
1
year
from
the
date
of
removal
from
service
for
disposal.

(
f)
PCB/
radioactive
waste
that
is
exempt
from
the
1­
year
storage
for
disposal
time
limit
pursuant
to
§
761.65(
a)(
1)
is
also
exempt
from
the
exception
reporting
requirements
of
paragraphs
(
c),
(
d),
and
(
e)
of
this
section.

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

§
761.218
Certificate
of
disposal.

(
a)
For
each
shipment
of
manifested
PCB
waste
that
the
owner
or
operator
of
a
disposal
facility
accepts
by
signing
the
manifest,
the
owner
or
operator
of
the
disposal
facility
shall
prepare
a
Certificate
of
Disposal
for
the
PCBs
and
PCB
Items
disposed
of
at
the
facility,
which
shall
include:

(
1)
The
identity
of
the
disposal
facility,
by
name,
address,
and
EPA
identification
number.

(
2)
The
identity
of
the
PCB
waste
affected
by
the
Certificate
of
Disposal
including
reference
to
the
manifest
number
for
the
shipment.
(
3)
A
statement
certifying
the
fact
of
disposal
of
the
identified
PCB
waste,
including
the
date(
s)
of
disposal,
and
identifying
the
disposal
process
used.

(
4)
A
certification
as
defined
in
§
761.3.

(
b)
The
owner
or
operator
of
the
disposal
facility
shall
send
the
Certificate
of
Disposal
to
the
generator
identified
on
the
manifest
which
accompanied
the
shipment
of
PCB
waste
within
30
days
of
the
date
that
disposal
of
each
item
of
PCB
waste
identified
on
the
manifest
was
completed
unless
the
generator
and
the
disposer
contractually
agree
to
another
time
frame.

(
c)
The
disposal
facility
shall
keep
a
copy
of
each
Certificate
of
Disposal
among
the
records
that
it
retains
under
§
761.180(
b).

(
d)(
1)
Generators
of
PCB
waste
shall
keep
a
copy
of
each
Certificate
of
Disposal
that
they
receive
from
disposers
of
PCB
waste
among
the
records
they
retain
under
§
761.180(
a).

(
2)
Commercial
storers
of
PCB
waste
shall
keep
a
copy
of
each
Certificate
of
Disposal
that
they
receive
from
disposers
of
PCB
waste
among
the
records
they
retain
under
§
761.180(
b).

[
54
FR
52752,
Dec.
21,
1984,
as
amended
at
63
FR
35462,
June
29,
1998]

Subpart
L
[
Reserved]

Subpart
M
 
Determining
a
PCB
Concentration
for
Purposes
of
Abandonment
or
Disposal
of
Natural
Gas
Pipeline:
Selecting
Sample
Sites,
Collecting
Surface
Samples,
and
Analyzing
Standard
PCB
Wipe
Samples
Source:
63
FR
35462,
June
29,
1998,
unless
otherwise
noted.
§
761.240
Scope
and
definitions.

(
a)
Use
these
procedures
to
select
surface
sampling
sites
for
natural
gas
pipe
to
determine
its
PCB
surface
concentration
for
abandonment­
in­
place
or
removal
and
disposal
off­
site
in
accordance
with
§
761.60(
b)(
5).

(
b)
"
Pipe
segment"
means
a
length
of
natural
gas
pipe
that
has
been
removed
from
the
pipeline
system
to
be
disposed
of
or
reused,
and
that
is
usually
approximately
12.2
meters
(
40
feet)
or
shorter
in
length.
Pipe
segments
are
usually
linear.

(
c)
"
Pipeline
section"
means
a
length
of
natural
gas
pipe
that
has
been
cut
or
otherwise
separated
from
the
active
pipeline,
usually
for
purposes
of
abandonment,
and
that
is
usually
longer
than
12.2
meters
in
length.
Pipeline
sections
may
be
branched.

§
761.243
Standard
wipe
sample
method
and
size.

(
a)
Collect
a
surface
sample
from
a
natural
gas
pipe
segment
or
pipeline
section
using
a
standard
wipe
test
as
defined
in
§
761.123.
Detailed
guidance
for
the
entire
wipe
sampling
process
appears
in
the
document
entitled
"
Wipe
Sampling
and
Double
Wash/
Rinse
Cleanup
as
Recommended
by
the
Environmental
Protection
Agency
PCB
Spill
Cleanup
Policy,"
dated
June
23,
1987
and
revised
on
April
18,
1991.
This
document
is
available
from
the
TSCA
Assistance
Information
Service,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

(
b)
Collect
a
surface
sample
from
a
minimum
surface
area
of
100
cm2
at
each
sampling
site
selected.
The
EPA
Regional
Administrator
may
approve,
in
writing,
requests
to
collect
a
sample
from
smaller
surface
areas,
when
<
100
cm2
of
surface
eligible
for
sampling
is
present;
e.
g.,
when
sampling
a
small
diameter
pipe,
a
small
valve,
or
a
small
regulator.
When
smaller
surfaces
are
sampled,
convert
the
measurement
to
the
equivalent
measurement
for
100
cm2
for
purposes
of
comparison
to
standards
based
on
100
cm2.

§
761.247
Sample
site
selection
for
pipe
segment
removal.

(
a)
General.
(
1)
Select
the
pipe
segments
to
be
sampled
by
following
the
directions
in
paragraph
(
b)
of
this
section.

(
2)
Locate
the
proper
position
along
the
length
of
the
pipe
segment
that
you
have
selected
for
sampling,
by
following
the
directions
in
paragraph
(
c)
of
this
section.

(
3)
Select
the
proper
sampling
position
around
the
circumference
of
the
pipe
segment
that
you
have
selected
for
sampling,
by
following
the
directions
in
paragraph
(
d)
of
this
section.

(
4)
Prior
to
removing
pipe
from
the
ground
or
lifting
the
pipe
from
its
location
during
former
operations,
mark
the
top
side
of
the
pipe.
(
5)
Do
not
sample
if
there
are
free­
flowing
liquids
in
the
pipe
segment.
Free­
flowing
liquids
must
be
removed
prior
to
sampling.

(
b)
Selecting
pipe
segments
to
sample.
Select
the
pipe
segment(
s)
that
you
will
sample
from
a
length
of
pipe
or
group
of
pipe
segments,
as
follows:

(
1)
Do
not
sample
a
pipe
segment
that
is
longer
than
12.2
meters
(
40
feet).
If
a
segment
is
longer
than
12.2
meters
in
length,
cut
the
segment
so
that
all
resulting
segments
are
12.2
meters
or
less
in
length.

(
2)
Determine
which
pipe
segments
to
sample
as
follows:

(
i)
When
a
length
of
pipe
having
seven
or
fewer
segments
is
removed
for
purposes
of
disposal,
sample
each
pipe
segment.

(
ii)
When
removing
a
length
of
pipe
having
multiple
contiguous
segments
less
than
3
miles
in
total
length,
take
samples
from
a
total
of
seven
segments.

(
A)
Sample
the
first
and
last
segments
removed.

(
B)
Select
the
five
additional
segments
according
to
one
of
the
two
following
procedures:

(
1)
Assign
all
segments
a
unique
sequential
number.
Then
select
five
numbers
using
a
random
number
table
or
random
number
generator.
If
the
random
number
generator
or
random
number
table
produces
either
the
first
pipe
segment,
the
last
pipe
segment,
or
any
previously
selected
segment,
select
another
random
number
until
there
are
seven
different
numbers,
each
corresponding
to
a
different
pipe
segment.

(
2)
Divide
the
total
number
of
segments
by
six.
Round
the
resulting
quotient
off
to
the
nearest
whole
number.
The
resulting
number
is
the
interval
between
the
segments
you
will
sample.
For
example,
cut
a
2.9
mile
length
of
pipeline
into
383
segments
of
approximately
40
feet
each.
Sample
the
first
(
number
1)
and
last
(
number
383)
segments.
To
determine
which
additional
five
segments
to
sample,
divide
the
total
number
of
segments,
383,
by
6.
Round
up
the
resulting
number
in
this
example,
63.8,
to
the
next
whole
number,
64.
Add
64
to
the
number
of
each
preceding
pipe
segment
five
separate
times
to
select
five
additional
pipe
segments
for
sampling.
In
this
example,
the
first
pipe
segment
has
the
number
1,
add
64
to
1
to
select
segment
65.
Next,
add
64
to
65
to
select
segment
129.
Continue
in
this
fashion
to
select
all
seven
segments:
1,
65,
129,
193,
257,
321,
and
383.

(
iii)
When
removing
a
length
of
pipe
having
multiple
contiguous
segments
more
than
3
miles
in
total
length
for
purposes
of
disposal,
take
samples
of
each
segment
that
is
1/
2
mile
distant
from
the
segment
previously
sampled.
Sample
a
minimum
of
seven
segments.

(
c)
Selecting
the
sampling
position
 
length.
Select
the
sampling
position
along
the
length
of
the
pipe
segment,
as
follows:
(
1)
Take
samples
at
the
end
upstream
of
the
former
gas
flow
of
each
segment
removed.

(
2)
If
the
pipe
segment
is
cut
with
a
torch
or
other
high
temperature
heat
source,
take
the
sample
at
least
15
cm
(
6
inches)
inside
the
cut
end
of
the
pipe
segment.

(
3)
If
the
pipe
segment
is
cut
with
a
saw
or
other
mechanical
device,
take
the
sample
at
least
2
cm
(
1
inch)
inside
the
end
of
the
pipe
segment.

(
4)
If
the
sample
site
location
selected
in
the
procedure
at
paragraph
(
c)(
2)
or
(
c)(
3)
of
this
section
is
a
porous
surface
(
for
example,
there
is
significant
corrosion
so
that
the
wipe
material
will
be
shredded),
then
move
the
sample
site
further
inside
the
pipe
segment
(
away
from
the
end
of
the
pipe
or
pipe
segment)
until
there
is
no
such
porous
surface.
For
purposes
of
this
subpart,
natural
gas
pipe
with
a
thin
porous
corrosion
preventive
coating
is
a
non­
porous
surface.

(
5)
If
there
is
not
a
non­
porous
surface
accessible
by
paragraphs
(
c)(
2)
and
(
c)(
3)
of
this
section,
use
one
of
the
following
three
options:

(
i)
Sample
the
downstream
end
of
the
pipe
segment
using
the
same
sample
site
location
procedure
as
for
the
upstream
end.

(
ii)
Select
another
pipe
segment
using
the
random
selection
procedure
described
in
paragraph
(
b)
of
this
section.

(
iii)
If
there
is
no
other
pipe
segment
in
the
population
to
be
sampled
and
both
ends
of
a
pipe
segment
have
porous
surfaces
at
all
possible
sample
collection
sites,
then
assume
that
the
pipe
segment
contains

50
ppm
PCB
but
<
500
ppm
PCB.

(
d)
Selecting
the
sample
position
 
circumference.
Based
on
the
mark
on
the
top
of
the
pipe
segment
made
prior
to
removing
pipe
from
the
ground
or
lifting
the
pipe
from
its
location
during
former
operations,
sample
the
inside
center
of
the
bottom
of
the
pipe
being
sampled.
Make
sure
the
sample
is
centered
on
the
bottom
of
the
pipe
segment;
that
is,
sample
an
equal
area
on
both
sides
of
the
middle
of
the
bottom
of
the
pipe
segment
for
the
entire
length
of
the
sample.

[
63
FR
35462,
June
29,
1998,
as
amended
at
64
FR
33762,
June
24,
1999]

§
761.250
Sample
site
selection
for
pipeline
section
abandonment.

This
procedure
is
for
the
sample
site
selection
for
a
pipeline
section
to
be
abandoned,
in
accordance
with
§
761.60(
b)(
5)(
i)(
B).

(
a)
General.
(
1)
Select
sample
collection
sites
in
the
pipeline
section(
s)
by
following
the
directions
in
paragraph
(
b)
of
this
section.

(
2)
Select
the
proper
sampling
position
along
the
pipe
by
following
the
directions
in
§
761.247
(
c)
and
(
d).
(
3)
Assure,
by
visual
inspection,
the
absence
of
free­
flowing
liquids
in
the
pipe
by
affirming
no
liquids
at
all
liquid
collection
points
and
all
ends
of
the
pipeline
section
to
be
abandoned.

(
b)
Selection
sample
collection
sites.
At
a
minimum,
sample
all
ends
of
all
pipeline
sections
to
be
abandoned
in
place.

(
1)
If
the
pipeline
section
to
be
abandoned
is
between
the
pressure
side
of
one
compressor
station
and
the
suction
side
of
the
next
compressor
station
downstream
of
the
former
gas
flow,
at
a
minimum,
sample
all
ends
of
the
abandoned
pipe.

(
2)
If
the
pipeline
section
to
be
abandoned
is
longer
than
the
distance
between
the
pressure
side
of
one
compressor
station
and
the
suction
side
of
the
next
compressor
station
downstream
of
the
former
gas
flow,
divide
the
pipeline
section,
for
purposes
of
sampling,
into
smaller
pipeline
sections
no
longer
than
the
distance
from
the
pressure
side
of
one
compressor
station
to
the
suction
side
of
the
next
compressor
station
downstream
of
the
former
gas
flow.
Consider
each
of
the
smaller
sections
to
be
a
separate
abandonment
and
sample
each
one,
at
a
minimum,
at
all
ends.

(
3)
Use
the
following
procedure
to
locate
representative
sample
collection
sites
in
pipeline
sections
at
points
other
than
the
suction
and
pressure
side
of
compressor
stations,
or
the
ends
of
the
pipeline
section
to
be
abandoned.

(
i)
First,
assign
a
unique
identifying
sequential
number
to
each
kilometer
or
fraction
of
a
kilometer
length
of
pipe
within
the
entire
pipeline
section.

(
ii)
Use
a
random
number
table
or
a
random
number
generator
to
select
each
representative
sample
collection
site
from
a
complete
list
of
the
sequential
identification
numbers.

(
iii)
Samples
may
be
collected
by
removing
any
covering
soil,
cutting
the
pipe
to
gain
access
to
the
sampling
location,
and
collecting
the
surface
sample
with
the
pipe
in
place,
rather
than
completely
removing
the
pipeline
sections
to
collect
the
surface
sample.

[
63
FR
35462,
June
29,
1998,
as
amended
at
64
FR
33762,
June
24,
1999]

§
761.253
Chemical
analysis.

(
a)
Extract
PCBs
from
the
standard
wipe
sample
collection
medium
and
clean­
up
the
extracted
PCBs
in
accordance
with
either
Method
3500B/
3540C
or
Method
3500B/
3550B
from
EPA's
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste,
or
a
method
validated
under
subpart
Q
of
this
part.
Use
Method
8082
from
SW­
846,
or
a
method
validated
under
subpart
Q
of
this
part,
to
analyze
these
extracts
for
PCBs.

(
b)
Report
all
PCB
sample
concentrations
in

g/
100
cm2
(
16
square
inches)
of
surface
sampled.
If
sampling
an
area
smaller
than
100
cm2,
report
converted
sample
concentrations
in
accordance
with
§
761.243(
b).
§
761.257
Determining
the
regulatory
status
of
sampled
pipe.

(
a)
For
purposes
of
removal
for
disposal
of
a
pipe
segment
that
has
been
sampled,
the
sample
results
for
that
segment
determines
its
PCB
surface
concentration.
Determine
the
PCB
surface
concentration
of
a
segment
which
was
not
sampled
as
follows:

(
1)
If
the
unsampled
pipe
segment
is
between
two
pipe
segments
which
have
been
sampled,
assume
that
the
unsampled
segment
has
the
same
PCB
surface
concentration
as
the
nearest
sampled
pipe
segment.

(
2)
If
an
unsampled
pipe
segment
is
equidistant
between
two
pipe
segments
which
have
been
sampled,
assume
the
PCB
surface
concentration
of
the
unsampled
segment
to
be
the
arithmetic
mean
of
the
PCB
surface
concentrations
measured
in
the
two
equidistant,
sampled,
pipe
segments.

(
b)
For
purposes
of
abandonment
of
a
pipeline
section,
assume
that
the
PCB
surface
concentration
for
an
entire
pipeline
section
is
the
arithmetic
mean
of
the
PCB
surface
concentrations
measured
at
the
ends
of
the
pipeline
section.
If
additional
representative
samples
were
taken
in
a
pipeline
section,
assume
that
the
PCB
surface
concentration
for
the
entire
pipeline
section
is
the
arithmetic
mean
of
the
concentrations
measured
in
all
representative
samples
taken.

(
c)
For
purposes
of
removal
for
disposal
under
§
761.60(
b)(
5)(
ii)(
A)(
1)
or
abandonment
under
§
761.60(
b)(
5)(
i)(
B),
if
the
surface
PCB
concentration
of
a
pipe
segment,
determined
by
direct
measurement
or
in
accordance
with
paragraph
(
a)
of
this
section,
or
of
a
pipeline
section
as
determined
in
accordance
with
paragraph
(
b)
of
this
section,
is
>
10

g/
100
cm2,
but
<
100

g/
100
cm2,
then
that
segment
or
section
is
PCB­
Contaminated.

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

Source:
63
FR
35464,
June
29,
1998,
unless
otherwise
noted.

§
761.260
Applicability.

This
subpart
provides
a
method
for
collecting
new
data
for
characterizing
a
PCB
remediation
waste
cleanup
site
or
for
assessing
the
sufficiency
of
existing
site
characterization
data,
as
required
by
§
761.61(
a)(
2).
§
761.265
Sampling
bulk
PCB
remediation
waste
and
porous
surfaces.

(
a)
Use
a
grid
interval
of
3
meters
and
the
procedures
in
§
§
761.283
and
761.286
to
sample
bulk
PCB
remediation
waste
that
is
not
in
a
container
and
porous
surfaces.

(
b)
Use
the
following
procedures
to
sample
bulk
PCB
remediation
waste
that
is
in
a
single
container.

(
1)
Use
a
core
sampler
to
collect
a
minimum
of
one
core
sample
for
the
entire
depth
of
the
waste
at
the
center
of
the
container.
Collect
a
minimum
of
50
cm3
of
waste
for
analysis.

(
2)
If
more
than
one
core
sample
is
taken,
thoroughly
mix
all
samples
into
a
composite
sample.
Take
a
subsample
of
a
minimum
of
50
cm3
from
the
mixed
composite
for
analysis.

(
c)
Use
the
following
procedures
to
sample
bulk
PCB
remediation
waste
that
is
in
more
than
one
container.

(
1)
Segregate
the
containers
by
type
(
for
example,
a
55­
gallon
drum
and
a
roll­
off
container
are
types
of
containers).

(
2)
For
fewer
than
three
containers
of
the
same
type,
sample
all
containers.

(
3)
For
more
than
three
containers
of
the
same
type,
list
the
containers
and
assign
each
container
an
unique
sequential
number.
Use
a
random
number
generator
or
table
to
select
a
minimum
of
10
percent
of
the
containers
from
the
list,
or
select
three
containers,
whichever
is
the
larger.

(
4)
Sample
the
selected
container(
s)
according
to
paragraph
(
b)
of
this
section.

§
761.267
Sampling
non­
porous
surfaces.

(
a)
Sample
large,
nearly
flat,
non­
porous
surfaces
by
dividing
the
surface
into
roughly
square
portions
approximately
2
meters
on
each
side.
Follow
the
procedures
in
§
761.302(
a).

(
b)
It
is
not
necessary
to
sample
small
or
irregularly
shaped
surfaces.

§
761.269
Sampling
liquid
PCB
remediation
waste.

(
a)
If
the
liquid
is
single
phase,
collect
and
analyze
one
sample.
There
are
no
required
procedures
for
collecting
a
sample.

(
b)
If
the
liquid
is
multi­
phasic,
separate
the
phases,
and
collect
and
analyze
a
sample
from
each
liquid
phase.
There
are
no
required
procedures
for
collecting
a
sample
from
each
single
phase
liquid.

(
c)
If
the
liquid
has
a
non­
liquid
phase
which
is
>
0.5
percent
by
total
weight
of
the
waste,
separate
the
non­
liquid
phase
from
the
liquid
phase
and
sample
it
separately
as
a
non­
liquid
in
accordance
with
§
761.265.

§
761.272
Chemical
extraction
and
analysis
of
samples.

Use
either
Method
3500B/
3540C
or
Method
3500B/
3550B
from
EPA's
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste,
or
a
method
validated
under
subpart
Q
of
this
part,
for
chemical
extraction
of
PCBs
from
individual
and
composite
samples
of
PCB
remediation
waste.
Use
Method
8082
from
SW­
846,
or
a
method
validated
under
subpart
Q
of
this
part,
to
analyze
these
extracts
for
PCBs.

§
761.274
Reporting
PCB
concentrations
in
samples.

(
a)
Report
all
sample
concentrations
for
non­
liquid
PCBs
on
a
dry
weight
basis
as
micrograms
of
PCBs
per
gram
of
sample
(
ppm
by
weight).
Report
surface
sampling
results
as

g/
100
cm2.
Divide
100
cm2
by
the
surface
area
and
multiply
this
quotient
by
the
total
number
of
micrograms
of
PCBs
on
the
surface
to
obtain
the
equivalent
measurement
of
micrograms
per
100
cm2.

(
b)
Report
all
sample
concentrations
for
liquid
PCBs
on
a
wet
weight
basis
as
micrograms
of
PCBs
per
gram
of
sample
(
ppm
by
weight).

Subpart
O
 
Sampling
to
Verify
Completion
of
Self­
Implementing
Cleanup
and
On­
Site
Disposal
of
Bulk
PCB
Remediation
Waste
and
Porous
Surfaces
in
Accordance
with
§
761.61(
a)(
6)

Source:
63
FR
35465,
June
29,
1998,
unless
otherwise
noted.

§
761.280
Application
and
scope.

Follow
the
procedures
in
this
subpart
when
sampling
to
verify
completion
of
the
cleanup
for
self­
implementing,
on­
site
disposal
of
bulk
PCB
remediation
waste
and
porous
surfaces
consistent
with
the
levels
of
§
761.61(
a)(
4)(
i)
and
(
iii).
The
objective
of
this
subpart
is
not
to
search
for
new
contamination.
Confirmation
of
compliance
with
the
cleanup
levels
in
§
761.61(
a)(
4)
is
only
verifiable
for
the
area
sampled
in
accordance
with
this
subpart.
Do
not
make
conclusions
or
extrapolations
about
PCB
concentrations
outside
of
the
area
which
has
been
cleaned
up
and
verified
based
on
the
results
of
this
verification
sampling.

§
761.283
Determination
of
the
number
of
samples
to
collect
and
sample
collection
locations.

This
section
addresses
how
to
determine
the
number
of
samples
to
collect
and
sample
collection
locations
for
bulk
PCB
remediation
waste
and
porous
surfaces
destined
to
remain
at
a
cleanup
site
after
cleanup.

(
a)
Minimum
number
of
samples.
(
1)
At
each
separate
cleanup
site
at
a
PCB
remediation
waste
location,
take
a
minimum
of
three
samples
for
each
type
of
bulk
PCB
remediation
waste
or
porous
surface
at
the
cleanup
site,
regardless
of
the
amount
of
each
type
of
waste
that
is
present.
There
is
no
upper
limit
to
the
number
of
samples
required
or
allowed.

(
2)
This
is
an
example
of
how
to
calculate
the
minimum
number
of
required
samples
at
a
PCB
remediation
waste
location.
There
are
three
distinct
cleanup
sites
at
this
example
location:
a
loading
dock,
a
transformer
storage
lot,
and
a
disposal
pit.
The
minimum
number
of
samples
to
take
appears
in
parentheses
after
each
type
of
waste
for
each
cleanup
site.
The
PCB
remediation
wastes
present
at
the
loading
dock
are
concrete
(
three
samples)
and
clay
soil
(
three
samples).
The
non­
liquid
PCB
remediation
wastes
present
at
the
transformer
storage
lot
are
oily
soil
(
three
samples),
clay
soil
(
three
samples)
and
gravel
(
three
samples).
The
PCB
remediation
wastes
present
at
the
disposal
pit
are
sandy
soil
(
three
samples),
clay
soil
(
three
samples),
oily
soil
(
three
samples),
industrial
sludge
(
three
samples),
and
gravel
(
three
samples).

(
b)
Selection
of
sample
locations
 
general.
(
1)(
i)
Use
a
square­
based
grid
system
to
overlay
the
entire
area
to
be
sampled.
Orient
the
grid
axes
on
a
magnetic
north­
south
line
centered
in
the
area
and
an
east­
west
axis
perpendicular
to
the
magnetic
north­
south
axis
also
centered
in
the
area.

(
ii)
If
the
site
is
recleaned
based
on
the
results
of
cleanup
verification
conducted
in
accordance
with
§
761.61(
a)(
6),
follow
the
procedures
in
paragraph
(
b)
of
this
section
for
locating
sampling
points
after
the
recleaning,
but
reorient
the
grid
axes
established
in
paragraph
(
b)(
1)(
i)
of
this
section
by
moving
the
origin
one
meter
in
the
direction
of
magnetic
north
and
one
meter
in
the
direction
east
of
magnetic
north.

(
2)
Mark
out
a
series
of
sampling
points
1.5
meters
apart
oriented
to
the
grid
axes.
The
sampling
points
shall
proceed
in
every
direction
to
the
extent
sufficient
to
result
in
a
two­
dimensional
grid
completely
overlaying
the
sampling
area.

(
3)
Collect
a
sample
at
each
point
if
the
grid
falls
in
the
cleanup
area.
Analyze
all
samples
either
individually
or
according
to
the
compositing
schemes
provided
in
the
procedures
at
§
761.289.
So
long
as
every
sample
collected
at
a
grid
point
is
analyzed
as
either
an
individual
sample
or
as
part
of
a
composite
sample,
there
are
no
other
restrictions
on
how
many
samples
are
analyzed.

(
c)
Selection
of
sample
locations
 
small
cleanup
sites.
When
a
cleanup
site
is
sufficiently
small
or
irregularly
shaped
that
a
square
grid
with
a
grid
interval
of
1.5
meters
will
not
result
in
a
minimum
of
three
sampling
points
for
each
type
of
bulk
PCB
remediation
waste
or
porous
surface
at
the
cleanup
site,
there
are
two
options.

(
1)
Use
a
smaller
square
grid
interval
and
the
procedures
in
paragraph
(
b)
of
this
section.

(
2)
Use
the
following
coordinate­
based
random
sampling
scheme.
If
the
site
is
recleaned
based
on
the
results
of
cleanup
verification
conducted
in
accordance
with
§
761.61(
a)(
6),
follow
the
procedures
in
this
section
for
locating
sampling
points
after
the
recleaning,
but
select
three
new
pairs
of
sampling
coordinates.

(
i)
Beginning
in
the
southwest
corner
(
lower
left
when
facing
magnetic
north)
of
the
area
to
be
sampled,
measure
in
centimeters
(
or
inches)
the
maximum
magnetic
north­
south
dimension
of
the
area
to
be
sampled.
Next,
beginning
in
the
southwest
corner,
measure
in
centimeters
(
or
inches)
the
maximum
magnetic
east­
west
dimension
of
the
area
to
be
sampled.
Designate
the
north­
south
and
east­
west
dimensions
(
describing
the
west
and
south
boundaries,
respectively,
of
the
area
to
be
sampled),
as
the
reference
axes
of
a
square­
based
grid
system.

(
ii)
Use
a
random
number
table
or
random
number
generator
to
select
a
pair
of
coordinates
that
will
locate
the
sample
within
the
area
to
be
sampled.
The
first
coordinate
in
the
pair
is
the
measurement
on
the
north­
south
axis.
The
second
coordinate
in
the
pair
is
the
measurement
on
the
east­
west
axis.
Collect
the
sample
at
the
intersection
of
an
east­
west
line
drawn
through
the
measured
spot
on
the
north­
south
axis,
and
a
north­
south
line
drawn
through
the
measured
spot
on
the
east­
west
axis.
If
the
cleanup
site
is
irregularly
shaped
and
this
intersection
falls
outside
the
cleanup
site,
select
a
new
pair
of
sampling
coordinates.
Continue
to
select
pairs
of
sampling
coordinates
until
three
are
selected
for
each
type
of
bulk
PCB
remediation
waste
or
porous
surface
at
the
cleanup
site.

(
d)
Area
of
inference.
Analytical
results
for
an
individual
sample
point
apply
to
the
sample
point
and
to
an
area
of
inference
extending
to
four
imaginary
lines
parallel
to
the
grid
axes
and
one
half
grid
interval
distant
from
the
sample
point
in
four
different
directions.
The
area
of
inference
forms
a
square
around
the
sample
point.
The
sides
of
the
square
are
parallel
to
the
grid
axes
and
one
grid
interval
in
length.
The
sample
point
is
in
the
center
of
the
square
area
of
inference.
The
area
of
inference
from
a
composite
sample
is
the
total
of
the
areas
of
the
individual
samples
included
in
the
composite.

§
761.286
Sample
size
and
procedure
for
collecting
a
sample.

At
each
selected
sampling
location
for
bulk
PCB
remediation
waste
or
porous
surfaces,
collect
at
least
20
milliliters
of
waste,
or
a
portion
of
sufficient
weight
for
the
chemical
analyst
to
measure
the
concentration
of
PCBs
and
still
have
sufficient
analytical
detection
sensitivity
to
reproducibly
measure
PCBs
at
the
levels
designated
in
§
761.61(
a)(
4).
Use
a
core
sampler
having
a
diameter

2
cm
and

3
cm.
Collect
waste
to
a
maximum
depth
of
7.5
cms.

§
761.289
Compositing
samples.

Compositing
is
a
method
of
combining
several
samples
of
a
specific
type
of
bulk
PCB
remediation
waste
or
porous
surface
from
nearby
locations
for
a
single
chemical
analysis.
There
are
two
procedures
for
compositing
bulk
PCB
remediation
waste
samples.
These
procedures
are
based
on
the
method
for
selecting
sampling
site
locations
in
§
761.283(
b)
and
(
c).
The
single
chemical
analysis
of
a
composite
sample
results
in
an
averaging
of
the
concentrations
of
its
component
samples.
The
area
of
inference
of
a
composite
is
determined
by
the
area
of
inference
of
each
of
its
component
samples
as
described
in
§
761.283(
d).
Compositing
is
not
mandatory.
However,
if
compositing
is
used,
it
must
be
performed
in
accordance
with
the
following
procedures.

(
a)
Compositing
in
the
field
or
in
a
laboratory.
Compositing
may
occur
either
in
the
field
or
in
a
laboratory.
Prepare
composite
samples
using
equal
volumes
of
each
constituent
or
component
sample.
Composited
samples
must
be
from
the
same
type
of
bulk
PCB
remediation
waste
or
porous
surface
(
see
the
example
at
§
761.283(
a)(
2)).
Mix
composite
samples
thoroughly.
From
each
well­
mixed
composite
sample,
take
a
portion
of
sufficient
weight
for
the
chemical
analyst
to
measure
the
concentration
of
PCBs
and
still
have
sufficient
analytical
detection
sensitivity
to
reproducibly
measure
PCBs
at
the
levels
designated
in
§
761.61(
a)(
4).

(
b)(
1)
Compositing
from
samples
collected
at
grid
points
in
accordance
with
§
761.283(
b).
There
are
two
kinds
of
composite
sampling
procedures
depending
on
the
original
source
of
contamination
of
the
site.

(
i)
The
first
procedure
is
for
sites
with
multiple
point
sources
of
contamination
(
such
as
an
old
electrical
equipment
storage
area,
a
scrap
yard,
or
repair
shop)
or
for
unknown
sources
of
contamination.
Under
this
compositing
scheme,
composite
a
maximum
of
nine
samples
for
each
type
of
bulk
PCB
remediation
waste
or
porous
surface
at
the
cleanup
site.
The
maximum
dimensions
of
the
area
enclosing
a
nine
grid
point
composite
is
two
grid
intervals
bounded
by
three
collinear
grid
points
(
3.0
meters
or
approximately
10
feet
long).
Take
all
samples
in
the
composite
at
the
same
depth.
Assure
that
composite
sample
areas
and
individually
analyzed
samples
completely
overlay
the
cleanup
site.

(
ii)
The
second
procedure
is
for
a
single
point
source
of
contamination,
such
as
discharge
into
a
large
containment
area
(
e.
g.,
pit,
waste
lagoon,
or
evaporation
pond),
or
a
leak
onto
soil
from
a
single
drum
or
tank.
Single
point
source
contamination
may
be
from
a
one­
time
or
continuous
contamination.
Composites
come
from
two
stages:
an
initial
compositing
area
centered
in
the
area
to
be
sampled,
and
subsequent
compositing
areas
forming
concentric
square
zones
around
the
initial
compositing
area.
The
center
of
the
initial
compositing
area
and
each
of
the
subsequent
compositing
areas
is
the
origin
of
the
grid
axes.

(
A)
Definition
of
the
initial
compositing
area.
The
initial
compositing
area
is
based
on
a
square
that
contains
nine
grid
points,
is
centered
on
the
grid
origin,
and
has
sides
two
grid
intervals
long.
The
initial
compositing
area
has
the
same
center
as
this
square
and
sides
one
half
a
grid
interval
more
distant
from
the
center
than
the
square.
The
initial
compositing
area
has
sides
three
grid
intervals
long.

(
B)
Definition
of
subsequent
compositing
areas.
Subsequent
composite
sampling
areas
are
in
concentric
square
zones
one
grid
interval
wide
around
the
initial
compositing
area
and
around
each
successive
subsequent
compositing
area.
The
inner
boundary
of
the
first
subsequent
compositing
area
is
the
outer
boundary
of
the
initial
compositing
area.
The
outer
boundary
of
the
first
subsequent
compositing
area
is
centered
on
the
grid
origin,
has
sides
one
grid
interval
more
distant
from
the
grid
origin
than
the
inner
boundary,
and
is
two
grid
intervals
longer
on
a
side
than
the
inner
boundary.
The
inner
boundary
of
each
further
subsequent
compositing
area
is
the
outer
boundary
of
the
previous
subsequent
compositing
area.
The
outer
boundary
of
each
further
subsequent
compositing
area
is
centered
on
the
grid
origin,
has
sides
one
grid
interval
more
distant
from
the
grid
origin
than
the
inner
boundary,
and
is
two
grid
intervals
longer
on
a
side
than
the
inner
boundary.

(
C)
Taking
composite
samples
from
the
initial
and
subsequent
compositing
areas.
(
1)
Select
composite
sampling
areas
from
the
initial
compositing
area
and
subsequent
compositing
areas
such
that
all
grid
points
in
the
initial
compositing
area
and
subsequent
compositing
areas
are
part
of
a
composite
or
individual
sample.

(
2)
A
person
may
include
in
a
single
composite
sample
a
maximum
of
all
nine
grid
points
in
the
initial
compositing
area.
The
maximum
number
of
grid
points
in
a
composite
sample
taken
from
a
subsequent
compositing
area
is
eight.
These
eight
grid
points
must
be
adjacent
to
one
another
in
the
subsequent
compositing
area,
but
need
not
be
collinear.

(
2)
Compositing
from
samples
taken
at
grid
points
or
pairs
of
coordinates
in
accordance
with
§
761.283(
c).
Samples
collected
at
small
sites
are
based
on
selecting
pairs
of
coordinates
or
using
the
sample
site
selection
procedure
for
grid
sampling
with
a
smaller
grid
interval.

(
i)
Samples
collected
from
a
grid
having
a
smaller
grid
interval.
Use
the
procedure
in
paragraph
(
b)(
1)(
i)
of
this
section
to
composite
samples
and
determine
the
area
of
inference
for
composite
samples.

(
ii)
Samples
collected
from
pairs
of
coordinates.
All
three
samples
must
be
composited.
The
area
of
inference
for
the
composite
is
the
entire
area
sampled.

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

Use
either
Method
3500B/
3540C
or
Method
3500B/
3550B
from
EPA's
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste,
or
a
method
validated
under
subpart
Q
of
this
part,
for
chemical
extraction
of
PCBs
from
individual
and
composite
samples
of
PCB
remediation
waste.
Use
Method
8082
from
SW­
846,
or
a
method
validated
under
subpart
Q
of
this
part,
to
analyze
these
extracts
for
PCBs.

§
761.295
Reporting
and
recordkeeping
of
the
PCB
concentrations
in
samples.

(
a)
Report
all
sample
concentrations
for
bulk
PCB
remediation
waste
and
porous
surfaces
on
a
dry
weight
basis
and
as
micrograms
of
PCBs
per
gram
of
sample
(
ppm
by
weight).

(
b)
Record
and
keep
on
file
for
3
years
the
PCB
concentration
for
each
sample
or
composite
sample.

§
761.298
Decisions
based
on
PCB
concentration
measurements
resulting
from
sampling.

(
a)
For
grid
samples
which
are
chemically
analyzed
individually,
the
PCB
concentration
applies
to
the
area
of
inference
as
described
in
§
761.283(
d).

(
b)
For
grid
samples
analyzed
as
part
of
a
composite
sample,
the
PCB
concentration
applies
to
the
area
of
inference
of
the
composite
sample
as
described
in
§
761.283(
d)
(
i.
e.,
the
area
of
inference
is
the
total
of
the
areas
of
the
individual
samples
included
in
the
composite).
(
c)
For
coordinate
pair
samples
analyzed
as
part
of
a
composite
sample,
in
accordance
with
§
§
761.283(
c)(
2)
and
761.289(
b)(
2)(
ii),
the
PCB
concentration
applies
to
the
entire
cleanup
site.

Subpart
P
 
Sampling
Non­
Porous
Surfaces
for
Measurement­
Based
Use,
Reuse,
and
On­
Site
or
Off­
Site
Disposal
Under
§
761.61(
a)(
6)
and
Decontamination
Under
§
761.79(
b)(
3)

Source:
63
FR
35467,
June
29,
1998,
unless
otherwise
noted.

§
761.300
Applicability.

This
subpart
provides
sample
site
selection
procedures
for
large,
nearly
flat
non­
porous
surfaces,
and
for
small
or
irregularly
shaped
non­
porous
surfaces.
This
subpart
also
provides
procedures
for
analyzing
the
samples
and
interpreting
the
results
of
the
sampling.
Any
person
verifying
completion
of
self­
implementing
cleanup
and
on­
site
disposal
of
non­
porous
surfaces
under
§
761.61(
a)(
6),
or
verifying
that
decontamination
standards
under
§
761.79(
b)(
3)
are
met,
must
use
these
procedures.

§
761.302
Proportion
of
the
total
surface
area
to
sample.

(
a)
Large
nearly
flat
surfaces.
Divide
the
entire
surface
into
approximately
1
meter
square
portions
and
mark
the
portions
so
that
they
are
clearly
identified.
Determine
the
sample
location
in
each
portion
as
directed
in
§
761.304.

(
1)
For
large
nearly
flat
surfaces
contaminated
by
a
single
source
of
PCBs
with
a
uniform
concentration,
assign
each
1
meter
square
surface
a
unique
sequential
number.

(
i)
For
three
or
fewer
1
meter
square
areas,
sample
all
of
the
areas.

(
ii)
For
four
or
more
1
meter
square
areas,
use
a
random
number
generator
or
table
to
select
a
minimum
of
10
percent
of
the
areas
from
the
list,
or
to
select
three
areas,
whichever
is
more.

(
2)
For
other
large
nearly
flat
surfaces,
sample
all
of
the
one
meter
square
areas.

(
b)
Small
or
irregularly
shaped
surfaces.
For
small
surfaces
having
irregular
contours,
such
as
hand
tools,
natural
gas
pipeline
valves,
and
most
exterior
surfaces
of
machine
tools,
sample
the
entire
surface.
Any
person
may
select
sampling
locations
for
small,
nearly
flat
surfaces
in
accordance
with
§
761.308
with
the
exception
that
the
maximum
area
in
§
761.308(
a)
is
<
1
meter
square.

(
c)
Preparation
of
surfaces.
Drain
all
free­
flowing
liquids
from
surfaces
and
brush
off
dust
or
loose
grit.

§
761.304
Determining
sample
location.

(
a)
For
1
square
meter
non­
porous
surface
areas
having
the
same
size
and
shape,
it
is
permissible
to
sample
the
same
10
cm
by
10
cm
location
or
position
in
each
identical
1
square
meter
area.
This
location
or
position
is
determined
in
accordance
with
§
761.306
or
§
761.308.

(
b)
If
some
1
square
meter
surfaces
for
a
larger
non­
porous
surface
area
have
different
sizes
and
shapes,
separately
select
the
10
cm
by
10
cm
sampling
position
for
each
different
1
square
meter
surface
in
accordance
with
§
761.308.

(
c)
If
non­
porous
surfaces
have
been
cleaned
and
the
cleaned
surfaces
do
not
meet
the
applicable
standards
or
levels,
surfaces
may
be
recleaned
and
resampled.
When
resampling
surfaces
previously
sampled
to
verify
cleanup
levels,
use
the
sampling
procedures
in
§
§
761.306
through
761.316
to
resample
the
surfaces.
If
any
sample
site
selected
coincides
with
a
previous
sampling
site,
restart
the
sample
selection
process
until
all
resampling
sites
are
different
from
any
previous
sampling
sites.

§
761.306
Sampling
1
meter
square
surfaces
by
random
selection
of
halves.

(
a)
Divide
each
1
meter
square
portion
where
it
is
necessary
to
collect
a
surface
wipe
test
sample
into
two
equal
(
or
as
nearly
equal
as
possible)
halves.
For
example,
divide
the
area
into
top
and
bottom
halves
or
left
and
right
halves.
Choose
the
top/
bottom
or
left/
right
division
that
produces
halves
having
as
close
to
the
shape
of
a
circle
as
possible.
For
example,
a
square
is
closer
to
the
shape
of
a
circle
than
is
a
rectangle
and
a
rectangle
having
a
length
to
width
ratio
of
2:
1
is
closer
to
the
shape
of
a
circle
than
a
rectangle
having
a
length
to
width
ratio
of
3:
1.

(
b)
Assign
a
unique
identifier
to
each
half
and
then
select
one
of
the
halves
for
further
sampling
with
a
random
number
generator
or
other
device
(
i.
e.,
by
flipping
a
coin).

(
c)
Continue
selecting
progressively
smaller
halves
by
dividing
the
previously
selected
half,
in
accordance
with
paragraphs
(
a)
and
(
b)
of
this
section,
until
the
final
selected
half
is
larger
than
or
equal
to
100
cm2
and
smaller
than
200
cm2.

(
d)
Perform
a
standard
PCB
wipe
test
on
the
final
selected
halves
from
each
1
meter
square
portion.

(
e)
The
following
is
an
example
of
applying
sampling
by
halves.
Assume
that
the
area
to
sample
is
a
1
meter
square
surface
area
(
a
square
that
has
sides
1
meter
long).
Assign
each
half
to
one
face
of
a
coin.
After
flipping
the
coin,
the
half
assigned
to
the
face
of
the
coin
that
is
showing
is
the
half
selected.

(
1)
Selecting
the
first
half:

(
i)
For
a
square
shape
the
top/
bottom
halves
have
the
same
shape
as
the
left/
right
halves
when
compared
to
a
circle,
i.
e.,
regardless
of
which
way
the
surface
is
divided,
each
half
is
1
half
meter
wide
by
1
meter
long.
Therefore,
divide
the
area
either
top/
bottom
or
left/
right.
For
selecting
the
first
half,
this
example
will
select
from
left/
right
halves.
(
ii)
A
coin
flip
selects
the
left
half.
The
dimensions
of
this
selected
surface
area
are
1
meter
high
and
1/
2
meter
wide.

(
2)
Selecting
the
second
half:

(
i)
If
the
next
selection
of
halves
was
left/
right,
the
halves
would
be
rectangles
four
times
as
long
as
they
are
wide
(
1/
4
meter
wide
and
1
meter
high).
Halves
selected
from
top/
bottom
would
be
square
(
1/
2
meter
on
a
side).
Therefore,
select
the
next
halves
top/
bottom,
because
the
shape
of
the
top/
bottom
halves
(
square)
is
closer
to
the
shape
of
a
circle
than
the
shape
of
the
left/
right
halves
(
long
narrow
rectangles).

(
ii)
A
coin
flip
selects
the
top
half.
The
dimensions
of
this
selected
surface
area
are
1/
2
meter
high
and
1/
2
meter
wide.

(
3)
Selecting
the
third
half:

(
i)
Just
as
for
the
selection
of
the
first
half,
which
divided
the
original
square
area,
both
the
left/
right
and
the
top/
bottom
halves
have
the
same
shape
when
compared
to
a
circle
(
both
are
rectangles
having
the
same
dimensions).
Therefore,
choose
either
left/
right
or
top/
bottom
halves.
This
example
will
select
from
left/
right
halves.

(
ii)
A
coin
flip
selects
the
right
half.
The
dimensions
of
this
selected
surface
are
1/
4
meter
by
1/
2
meter.

(
4)
Selecting
the
fourth
half:

(
i)
If
the
next
selection
of
halves
was
left/
right,
the
halves
would
be
rectangles
four
times
as
long
as
they
are
wide
(
1/
8
meter
wide
and
1/
2
meter
high.
Halves
selected
from
top/
bottom
would
be
square
(
1/
4
meter
on
a
side).
Therefore,
select
the
next
halves
top/
bottom,
because
the
shape
of
the
top/
bottom
halves
(
square)
are
closer
to
the
shape
of
a
circle
than
the
shape
of
the
left/
right
halves
(
long
narrow
rectangles).

(
ii)
A
coin
flip
selects
the
bottom
half.
The
dimensions
of
this
selected
surface
area
are
1/
4
meter
high
and
1/
4
meter
wide.

(
5)
Selecting
the
fifth
half:

(
i)
Just
as
for
the
selection
of
the
first
and
third
halves,
both
the
left/
right
and
the
top/
bottom
halves
have
the
same
shape
when
compared
to
a
circle
(
both
are
rectangles
having
the
same
dimensions).
Therefore,
choose
either
left/
right
or
top/
bottom
halves.
This
example
will
select
from
left/
right
halves.

(
ii)
A
coin
flip
selects
the
right
half.
The
dimensions
of
the
selected
surface
are
1/
8
meter
by
1/
4
meter.
(
6)
Selecting
the
sixth
half:

(
i)
If
the
next
selection
of
halves
was
left/
right,
the
halves
would
be
rectangles
four
times
as
long
as
they
are
wide
(
1/
16
meter
wide
and
1/
4
meter
high.
Halves
selected
from
top/
bottom
would
be
square
(
1/
8
meter
on
a
side).
Therefore,
select
the
next
halves
top/
bottom,
because
the
shape
of
the
top/
bottom
halves
(
square)
are
closer
to
the
shape
of
a
circle
than
the
shape
of
the
left/
right
halves
(
long
narrow
rectangles).

(
ii)
A
coin
flip
selects
the
top
half.
The
dimensions
of
this
selected
surface
are
1/
8
meter
high
and
1/
8
meter
wide
or
12.5
cm
by
12.5
cm.

(
7)
Collect
a
standard
wipe
test
sample
in
the
sixth
half.
Since
the
dimensions
of
half
of
the
sixth
half
would
be
12.5
cm
by
6.25
cm,
the
area
(
approximately
78
cm2)
would
be
less
than
the
required
100
cm2
minimum
area
for
the
standard
wipe
test.
Therefore,
no
further
sampling
by
halves
is
necessary.
Take
the
standard
wipe
test
samples
of
the
entire
selected
sixth
half.

§
761.308
Sample
selection
by
random
number
generation
on
any
two­
dimensional
square
grid.

(
a)
Divide
the
surface
area
of
the
non­
porous
surface
into
rectangular
or
square
areas
having
a
maximum
area
of
1
square
meter
and
a
minimum
dimension
of
10
centimeters.

(
b)
Measure
the
length
and
width,
in
centimeters,
of
each
area
created
in
paragraph
(
a)
of
this
section.
Round
off
the
number
of
centimeters
in
the
length
and
the
width
measurements
to
the
nearest
centimeter.

(
c)
For
each
1
square
meter
area
created
in
accordance
with
paragraph
(
a)
of
this
section,
select
two
random
numbers:
one
each
for
the
length
and
width
borders
measured
in
paragraph
(
b)
of
this
section.
An
eligible
random
number
can
be
from
zero
up
to
the
total
width,
minus
10
centimeters.

(
d)
Locate
the
10
centimeter
by
10
centimeter
sample.

(
1)
Orient
the
1
square
meter
surface
area
so
that,
when
you
are
facing
the
area,
the
length
is
left
to
right
and
the
width
is
top
to
bottom.
The
origin,
or
reference
point
for
measuring
selected
random
numbers
of
centimeters
to
the
sampling
area,
is
on
the
lower
left
corner
when
facing
the
surface.

(
2)
Mark
the
random
number
selected
for
the
length
distance,
in
centimeters,
from
the
origin
to
the
right
(
at
the
bottom
of
the
area
away
from
the
origin).

(
3)
From
the
marked
length
distance
on
the
bottom
of
the
area,
move
perpendicularly
up
from
the
bottom
of
the
area
into
the
area
for
the
distance
randomly
selected
for
the
width.

(
4)
Use
the
point
determined
in
paragraph
(
d)(
3)
of
this
section
as
the
lower
left
corner
of
the
10
centimeter
by
10
centimeter
sample.
§
761.310
Collecting
the
sample.

Use
the
standard
wipe
test
as
defined
in
§
761.123
to
sample
one
10
centimeter
by
10
centimeter
square
(
100
cm2)
area
to
represent
surface
area
PCB
concentrations
of
each
square
meter
or
fraction
of
a
square
meter
of
a
nearly
flat,
non­
porous
surface.
For
small
surfaces,
use
the
same
procedure
as
for
the
standard
wipe
test,
only
sample
the
entire
area,
rather
than
10
centimeter
by
10
centimeter
squares.

§
761.312
Compositing
of
samples.

For
a
surface
originally
contaminated
by
a
single
source
of
PCBs
with
a
uniform
concentration,
it
is
permissible
to
composite
surface
wipe
test
samples
and
to
use
the
composite
measurement
to
represent
the
PCB
concentration
of
the
entire
surface.
Composite
samples
consist
of
more
than
one
sample
gauze
extracted
and
chemically
analyzed
together
resulting
in
a
single
measurement.
The
composite
measurement
represents
an
arithmetic
mean
of
the
composited
samples.

(
a)
Compositing
samples
from
surfaces
to
be
used
or
reused.
For
small
or
irregularly
shaped
surfaces
or
large
nearly
flat
surfaces,
if
the
surfaces
are
contaminated
by
a
single
source
of
PCBs
with
a
uniform
concentration,
composite
a
maximum
of
three
adjacent
samples.

(
b)
Compositing
samples
from
surfaces
to
be
disposed
of
off­
site
or
on­
site.
(
1)
For
small
or
irregularly
shaped
surfaces,
composite
a
maximum
of
three
adjacent
samples.

(
2)
For
large
nearly
flat
surfaces,
composite
a
maximum
of
10
adjacent
samples.

§
761.314
Chemical
analysis
of
standard
wipe
test
samples.

Perform
the
chemical
analysis
of
standard
wipe
test
samples
in
accordance
with
§
761.272.
Report
sample
results
in
micrograms
per
100
cm2.

§
761.316
Interpreting
PCB
concentration
measurements
resulting
from
this
sampling
scheme.

(
a)
For
an
individual
sample
taken
from
an
approximately
1
meter
square
portion
of
the
entire
surface
area
and
not
composited
with
other
samples,
the
status
of
the
portion
is
based
on
the
surface
concentration
measured
in
that
sample.
If
the
sample
surface
concentration
is
not
equal
to
or
lower
than
the
cleanup
level,
by
inference
the
entire
1
meter
area,
and
not
just
the
immediate
area
where
the
sample
was
taken,
is
not
equal
to
or
lower
than
the
cleanup
level.

(
b)
For
areas
represented
by
the
measurement
results
from
compositing
more
than
one
10
centimeter
by
10
centimeter
sample,
the
measurement
for
the
composite
is
the
measurement
for
the
entire
area.
For
example,
when
there
is
a
composite
of
10
standard
wipe
test
samples
representing
9.5
square
meters
of
surface
area
and
the
result
of
the
analysis
of
the
composite
is
20

g/
100
cm2,
then
the
entire
9.5
square
meters
has
a
PCB
surface
concentration
of
20

g/
100
cm2,
not
just
the
area
in
the
10
cm
by
10
cm
sampled
areas.
(
c)
For
small
surfaces
having
irregular
contours,
where
the
entire
surface
was
sampled,
measure
the
surface
area.
Divide
100
cm2
by
the
surface
area
and
multiply
this
quotient
by
the
total
number
of
micrograms
of
PCBs
on
the
surface
to
obtain
the
equivalent
measurement
of
micrograms
per
100
cm2.

Subpart
Q
 
Self­
Implementing
Alternative
Extraction
and
Chemical
Analysis
Procedures
for
Non­
liquid
PCB
Remediation
Waste
Samples
Source:
63
FR
35468,
June
29,
1998,
unless
otherwise
noted.

§
761.320
Applicability.

This
subpart
describes
self­
implementing
comparison
testing
requirements
for
chemical
extraction
and
chemical
analysis
methods
used
as
an
alternative
to
the
methods
required
in
§
§
761.272
or
761.292.
Any
person
conducting
comparison
testing
under
this
subpart
must
comply
with
the
requirements
of
§
761.80(
i),
including
notification.
Use
alternative
methods
only
after
successful
completion
of
these
comparison
testing
requirements
and
after
documentation
of
the
results
of
the
testing.

§
761.323
Sample
preparation.

(
a)
The
comparison
study
requires
analysis
of
a
minimum
of
10
samples
weighing
at
least
300
grams
each.
Samples
of
PCB
remediation
waste
used
in
the
comparison
study
must
meet
the
following
three
requirements.

(
1)
The
samples
must
either
be
taken
from
the
PCB
remediation
waste
at
the
cleanup
site,
or
must
be
the
same
kind
of
material
as
that
waste.
For
example,
if
the
waste
at
the
cleanup
site
is
sandy
soil,
you
must
use
the
same
kind
of
sandy
soil
in
the
comparison
study.
Do
not
use
unrelated
materials
such
as
clay
soil
or
dredged
sediments
in
place
of
sandy
soil.

(
2)
PCB
remediation
waste
may
contain
interferences
which
confound
or
hamper
sample
extraction
and
chemical
analysis.
These
interferences
may
be
from
chemicals
or
other
attributes
preexisting
in
the
waste
material,
resulting
from
the
PCB
contamination
source,
or
resulting
from
treatment
to
remove
or
destroy
PCBs.
Comparison
study
samples
must
also
contain
these
interfering
materials
to
demonstrate
successful
analysis
in
their
presence.
For
example,
a
PCB
remediation
waste
may
have
been
co­
disposed
with
chlorobenzene
solvents
or
chlorinated
pesticides.
These
chlorinated
compounds
would
have
to
be
present
in
the
comparison
study
compounds
at
the
same
levels
found,
or
at
the
highest
levels
expected
to
be
found,
in
the
PCB
remediation
waste.
As
another
example,
for
PCB
remediation
waste
which
had
been
solvent
washed
with
liquid
amines
to
remove
PCBs,
comparison
study
samples
would
have
to
contain
concentrations
of
these
amines
at
the
same
levels
found,
or
at
the
highest
levels
expected
to
be
found,
in
the
PCB
remediation
waste.

(
b)
Prior
to
initiating
the
comparison
study,
confirm
the
following
PCB
concentrations
in
the
comparison
study
samples
using
the
methods
specified
in
§
761.292.
All
samples
of
non­
liquid
PCB
remediation
waste
must
have
PCB
concentrations
between
0.1
and
150
ppm.

(
1)
A
minimum
of
three
comparison
study
samples
must
have
PCB
concentrations
above
the
cleanup
level
specified
for
the
site
in
§
761.61(
a)(
4)
and
a
minimum
of
three
comparison
study
samples
must
have
PCB
concentrations
below
the
specified
cleanup
level.

(
2)
At
least
one
comparison
study
sample
must
have
a
PCB
concentration

90
percent
and

100
percent
of
the
cleanup
level.

(
3)
At
least
one
comparison
study
sample
must
have
a
PCB
concentration

100
percent
and

110
percent
of
the
cleanup
level.

(
c)
If
the
comparison
study
samples
do
not
have
the
concentrations
or
concentration
ranges
required
by
paragraph
(
b)
of
this
section,
for
purposes
of
use
in
this
chemical
extraction
and
chemical
analysis
comparison
study,
a
person
may
adjust
PCB
concentrations
by
dilution.
Any
excess
material
resulting
from
the
preparation
of
these
samples,
which
is
not
used
as
an
analytical
sample,
is
regulated
as
the
PCB
concentration
in
the
component
having
the
highest
PCB
concentration
of
the
component
materials
in
the
sample.

§
761.326
Conducting
the
comparison
study.

Extract
or
analyze
the
comparison
study
samples
using
the
alternative
method.
For
an
alternative
extraction
method
or
alternative
analytical
method
to
be
comparable
to
the
methods
required
in
§
761.292,
all
of
the
following
conditions
must
be
met.

(
a)
All
samples
having
PCB
concentrations
greater
than
or
equal
to
the
level
of
concern,
as
measured
by
the
methods
required
in
§
761.292,
are
found
to
be
greater
than
or
equal
to
the
level
of
concern
as
measured
by
the
alternative
method
(
no
false
negatives).

(
b)
Only
one
sample
which
contains
PCBs
at
a
level
less
than
the
level
of
concern,
as
measured
by
the
methods
required
in
§
761.292,
is
found
to
have
a
PCB
concentration
greater
than
the
level
of
concern
as
measured
by
the
alternative
method
(
false
positive);
and
all
other
samples
which
contain
PCBs
at
levels
less
than
the
level
of
concern,
as
measured
by
the
methods
required
in
§
761.292,
are
found
by
the
alternative
method
to
have
PCBs
less
than
the
level
of
concern
(
there
are
no
additional
false
positives).

Subpart
R
 
Sampling
Non­
Liquid,
Non­
Metal
PCB
Bulk
Product
Waste
for
Purposes
of
Characterization
for
PCB
Disposal
in
Accordance
With
§
761.62,
and
Sampling
PCB
Remediation
Waste
Destined
for
Off­
Site
Disposal,
in
Accordance
With
§
761.61
Source:
63
FR
35469,
June
29,
1998,
unless
otherwise
noted.

§
761.340
Applicability.

Use
the
procedures
specified
in
this
subpart
to
sample
the
following
types
of
waste
when
it
is
necessary
to
analyze
the
waste
to
determine
PCB
concentration
or
leaching
characteristics
for
storage
or
disposal.

(
a)
Existing
accumulations
of
non­
liquid,
non­
metal
PCB
bulk
product
waste.

(
b)
Non­
liquid,
non­
metal
PCB
bulk
product
waste
from
processes
that
continuously
generate
new
waste.

(
c)
Non­
liquid
PCB
remediation
waste
from
processes
that
continuously
generate
new
waste,
that
will
be
sent
off­
site
for
disposal.

§
761.345
Form
of
the
waste
to
be
sampled.

PCB
bulk
product
waste
and
PCB
remediation
waste
destined
for
off­
site
disposal
must
be
in
the
form
of
either
flattened
or
roughly
conical
piles.
This
subpart
also
contains
a
procedure
for
contemporaneous
sampling
of
waste
as
it
is
being
generated.

§
761.346
Three
levels
of
sampling.

To
select
a
sample
of
the
waste
and
prepare
it
for
chemical
extraction
and
analysis,
there
are
three
required
levels
of
random
sampling.

(
a)
First,
select
a
single
19­
liter
(
5
gallon)
portion
from
a
composite
accumulated
either
contemporaneously
with
the
generation
of
the
waste
or
by
sampling
an
existing
pile
of
waste.
Collection
procedures
for
the
first
level
of
sampling
from
existing
piles
of
waste
are
in
§
761.347.
Collection
procedures
for
the
first
level
of
sampling
from
a
contemporaneous
generation
of
waste
are
in
§
761.348.
Compositing
requirements
and
requirements
for
the
subsampling
of
composite
samples
to
result
in
a
single
19­
liter
sample
are
in
§
761.350.
Send
the
19­
liter
sample
to
the
laboratory
for
the
second
and
third
levels
of
sampling,
including
particle
size
reduction
for
leach
testing
and
drying
as
required
by
§
761.1(
b)(
4).

(
b)
Second,
at
the
laboratory,
select
one
quarter
of
the
19­
liter
sample.
Procedures
the
laboratory
must
use
for
this
second
level
of
sample
selection
appear
in
§
761.353.

(
c)
Third,
select
a
100
gram
subsample
from
the
second
level
subsample.
Procedures
the
laboratory
must
use
for
this
third
level
of
sample
selection
appear
in
§
761.355.

§
761.347
First
level
sampling
 
waste
from
existing
piles.

(
a)
General.
Sample
piles
that
are
either
specifically
configured
for
sampling
(
see
paragraph
(
b)
of
this
section)
or
that
are
of
conical
shape
(
see
paragraph
(
c)
of
this
section).
If
sampling
from
either
of
these
shapes
is
not
possible,
conduct
contemporaneous
sampling,
in
accordance
with
the
procedures
in
§
761.348,
or
obtain
the
approval
of
the
Regional
Administrator
for
an
alternate
sampling
plan
in
accordance
with
§
761.62(
c).
(
b)
Specifically
configured
piles.
A
specifically
configured
pile
is
a
single
flattened
pile
in
the
shape
of
a
square
or
rectangle
having
no
restrictions
on
length
or
width
but
restricted
to
30
cm
(
1
foot)
in
depth.
A
square
shaped
pile
facilitates
sampling
site
selection
for
the
first
level
sample.
Select
eight
19­
liter
samples
from
the
pile
and
composite
them
into
one
19­
liter
sample
as
follows:

(
1)
Divide
the
pile
into
quarters.

(
2)
Divide
each
of
the
quarter
sections
into
quarters
(
i.
e.,
into
sixteenths
of
the
original
pile).

(
3)
Select
two
sixteenths
from
each
of
the
four
quarters,
according
to
one
of
the
two
following
options:

(
i)
Randomly
select
the
two
sixteenths
from
one
quarter
and
sample
the
sixteenths
occupying
the
same
positions
in
each
of
the
other
three
quarters.

(
ii)
Randomly
select
two
sixteenths
from
each
of
the
four
quarters
(
i.
e.,
perform
a
random
selection
four
different
times).

(
4)
At
this
point
the
eight
selected
sixteenths
undergo
further
division
and
sample
selection.
Divide
each
of
the
eight
selected
sixteenths
into
four
equal
parts.
Using
a
random
number
generator
or
random
number
table,
select
one
of
the
four
equal
parts
from
each
of
the
eight
equal
areas.
If
each
of
the
four
equal
parts
has
a
volume
>
76
liters
when
projected
downwards
30
cm,
continue
to
divide
each
selected
area
into
four
equal
parts,
and
select
one
of
the
parts,
until
each
selected
area
has
a
volume
of
<
76
liters
but

19
liters.
When
projected
to
a
depth
of
30
cm,
a
square
having
a
25
cm
side
or
a
circle
having
a
diameter
of
approximately
28.5
cm
equals
a
volume
of
approximately
19
liters.
The
volume
of
76
liters
is
equal
to
the
volume
enclosed
by
a
square
having
a
side
of
50
cm
(
or
other
shape
having
an
area
of
250
cm2)
projected
to
a
depth
of
30
cm.

(
5)
Take
one
sample
of
approximately
19
unsorted
liters
of
waste
from
each
of
the
eight
selected
areas.
Place
each
sample
into
a
separate
19­
liter
container,
allowing
only
sufficient
space
at
the
top
of
the
container
to
secure
the
lid.

(
6)
Composite
the
eight
19­
liter
samples
in
accordance
with
§
761.350.

(
c)
Conical­
shaped
piles.
If
it
is
necessary
to
sample
a
pile
which
is
too
large
to
be
spread
on
the
site
to
a
uniform
thickness
of
1
foot
or
30
cm,
or
if
there
are
too
many
piles
to
spread
out
in
the
space
available,
use
the
following
procedure
to
sample
the
piles.
This
procedure
assumes
that
the
shape
of
the
piles
is
analogous
to
a
cone;
that
is,
having
a
circular
base
with
PCB
bulk
product
waste
or
PCB
remediation
waste
destined
for
off­
site
disposal
stacked
up
uniformly
to
a
peak
that
is
a
point
centered
above
the
center
of
the
circular
base.
Collect
eight
19­
liter
samples
as
follows:

(
1)
Collecting
samples
from
more
than
one
pile.
If
the
PCB
bulk
product
waste
or
PCB
remediation
waste
consists
of
more
than
one
pile
or
container,
assign
each
pile
or
container
an
integer
number
and
then
generate
seven
random
integer
numbers
to
select
the
piles
from
which
you
will
collect
samples.
It
is
possible
that
this
random
selection
procedure
will
result
in
selecting
the
same
pile
number
more
than
once,
even
if
seven
or
more
piles
are
present.
If
so,
sample
the
pile
once
and
restart
the
sampling
collection
process
to
collect
additional
samples.
Do
not
collect
multiple
samples
from
the
same
location
in
the
pile.

(
2)
Collecting
samples
from
a
single
pile.
If
only
one
pile
or
container
is
present,
collect
all
eight
samples
from
the
same
pile.

(
3)
Setting
up
the
sample
site
selection
system
from
a
pile.
Locate
a
sample
in
a
pile
by
the
use
of
three
parameters:
a
particular
radial
direction,
"
r,"
from
the
peak
at
the
center
of
the
pile
to
the
outer
edge
at
the
base
of
the
pile;
a
point,
"
s,"
along
that
radial
direction
between
the
peak
of
the
pile
and
the
outer
edge
of
the
base
of
the
pile;
and
a
depth,
"
t",
beneath
point
"
s."
The
top
of
the
sample
material
will
be
below
depth
t,
at
point
s,
on
radius
r.
Use
a
rod,
dowel,
stake,
or
broom
handle
as
a
marker.
Nail
or
otherwise
fasten
to
the
top
of
the
marker
two
pieces
of
string
or
cord
of
sufficient
length
and
strength
to
reach
from
the
top
of
the
marker
at
the
top
of
the
pile
to
the
farthest
peripheral
edge
at
the
bottom
of
the
pile,
when
the
marker
is
positioned
at
the
top
or
apex
of
the
pile.
Pound
or
push
the
marker
into
the
top
center
(
apex)
of
the
pile,
downward
toward
the
center
of
the
base.
Insert
the
marker
for
at
least
30
cm
or
one
foot
until
the
marker
is
rigidly
standing
on
its
own,
even
when
the
cord
is
pulled
tight
to
the
bottom
peripheral
edge
of
the
pile.
Ensure
that
the
marker
protrudes
from
the
top
of
the
pile
sufficiently
to
allow
the
strings
to
move
easily
around
the
pile
when
they
are
pulled
tight.
Select
the
three
parameters
and
the
sampling
location
as
follows:

(
i)
Determine
the
radial
component
(
r)
of
the
location
for
each
sample.

(
A)
Tie
to
a
stake
or
otherwise
fasten
one
of
the
strings
at
"
b,"
the
bottom
of
the
pile,
as
a
reference
point
for
finding
r.

(
B)
Measure
the
circumference
"
c,"
the
distance
around
the
bottom
of
the
pile.
Determine
r
from
b
in
one
of
two
ways:

(
1)
Multiply
c
by
a
randomly
generated
fraction
or
percentage
of
one.

(
2)
Select
a
random
number
between
one
and
the
total
number
of
centimeters
in
c.

(
C)
Locate
r
by
starting
at
b,
the
place
where
the
fixed
string
meets
the
base
of
the
pile,
and
travel
clockwise
around
the
edge
of
the
pile
at
the
base
for
the
distance
you
selected
in
paragraph
(
c)(
3)(
i)(
B)
of
this
section.

(
D)
Fasten
the
second
string
at
the
selected
distance.
The
second
string
marks
the
first
parameter
r.

(
ii)
Determine
the
second
parameter
s
of
the
location
for
each
sample.

(
A)
Measure
the
distance,
l,
along
the
string,
positioned
in
paragraph
(
c)(
3)(
i)(
D)
of
this
section,
from
the
top
to
the
bottom
of
the
pile
at
the
selected
radial
distance
r.
Determine
the
distance
s
from
l
in
one
of
two
ways:

(
1)
Multiply
l
by
a
randomly
generated
fraction
or
percentage
of
one.

(
2)
Select
a
random
number
between
one
and
the
total
number
of
centimeters
in
l.

(
B)
Mark,
for
example
by
placing
a
piece
of
tape
on
the
string
positioned
according
to
paragraph
(
c)(
3)(
i)(
D)
of
this
section,
the
distance
s,
up
from
the
bottom
of
the
pile
on
the
string
at
r.

(
iii)
Determine
the
third
and
final
parameter
t
of
the
location
for
each
sample.

(
A)
Mark
and
number
1
cm
intervals
from
one
end
of
a
rigid
device,
for
example
a
rod,
dowel,
stake,
or
broom
handle,
for
measuring
the
distance
from
the
top
of
the
pile
to
the
bottom
at
the
point
s
selected
in
paragraph
(
c)(
3)(
ii)(
B)
of
this
section.
The
marked
and
numbered
device
shall
be
of
sufficient
strength
to
be
forced
down
through
the
maximum
depth
of
the
pile
and
sufficient
length
to
measure
the
depth
of
the
waste
in
the
pile
at
any
point.

(
B)
Take
the
measuring
device,
constructed
according
to
paragraph
(
c)(
3)(
iii)(
A)
of
this
section,
and
at
position
s,
push
the
end
of
the
device
marked
with
zero
straight
down
into
the
pile
until
it
reaches
the
bottom
of
the
pile
or
ground
level.
The
vertical
distance
"
v"
is
the
number
of
centimeters
from
the
surface
of
the
pile
at
point
s
on
the
string
to
the
bottom
of
the
pile
or
ground
level.
Read
the
distance
v
on
the
measuring
device
at
the
surface
of
the
pile.
From
the
distance
v,
determine
t,
in
one
of
two
ways:

(
1)
Randomly
generate
a
fraction
of
one
and
multiply
the
fraction
times
v.

(
2)
Select
a
random
number
between
zero
and
the
total
number
of
centimeters
of
the
vertical
distance
v.

(
iv)
Dig
a
hole
straight
down
into
the
pile
for
t
centimeters
(
inches)
from
the
surface
of
the
pile
at
s.

(
v)
At
depth
t,
directly
under
the
s
mark
on
the
string,
outline
the
top
of
the
sample
container
and
collect
(
shovel)
all
waste
under
the
outline
in
the
following
order
of
preference
in
paragraphs
(
c)(
3)(
v)(
A)
through
(
c)(
3)(
v)(
C)
of
this
section.
It
is
possible
that
some
of
the
eight
sampling
locations
will
not
provide
19
liters
of
sample.

(
A)
For
a
depth
of
30
cm.

(
B)
Until
the
container
is
full.

(
C)
Until
the
ground
level
is
reached.

(
d)
Compositing
the
samples.
Composite
the
eight
19­
liter
samples
and
subsample
in
accordance
with
§
761.350.
Send
the
subsample
to
a
laboratory
for
further
sampling
as
described
in
§
§
761.353
and
761.355
and
for
chemical
extraction
and
analysis.
If
there
is
insufficient
sample
for
a
19­
liter
sample
from
the
composite
sample
composed
of
the
eight
iterations
of
sample
site
selection,
according
to
the
procedures
in
paragraphs
(
c)(
3)(
i)
through
(
c)(
3)(
v)
of
this
section,
select
additional
sample
sites,
collect
additional
samples
and
composite
the
additional
waste
in
the
samples
until
a
minimum
of
19
liters
is
in
the
composite.

[
63
FR
35469,
June
29,
1998,
as
amended
at
64
FR
33762,
June
24,
1999]

§
761.348
Contemporaneous
sampling.

Contemporaneous
sampling
is
possible
when
there
is
active
generation
of
waste
and
it
is
possible
to
sample
the
waste
stream
as
it
is
generated.
Collect
eight
19­
liter
samples
as
follows.

(
a)
Collect
each
sample
by
filling
a
19­
liter
(
5
gallon)
container
at
a
location
where
the
PCB
bulk
product
waste
is
released
from
the
waste
generator
onto
a
pile
or
into
a
receptacle
container
before
the
waste
reaches
the
pile
or
receptacle
container.

(
b)
Determine
a
sample
collection
start
time
using
a
random
number
generator
or
a
random
number
table
to
select
a
number
between
1
and
60.
Collect
the
first
sample
at
the
randomly
selected
time
in
minutes
after
start
up
of
the
waste
output,
or
if
the
waste
is
currently
being
generated,
after
the
random
time
is
selected.
For
example,
if
the
randomly
selected
time
is
35,
begin
collection
35
minutes
after
the
start
up
of
waste
generation.
Similarly,
if
waste
output
is
ongoing
and
the
random
start
determination
occurred
at
8:
35
a.
m.,
collect
the
first
sample
at
9:
10
a.
m.
(
35
minutes
after
the
random
start
determination).

(
c)
Collect
seven
more
samples,
one
every
60
minutes
after
the
initial
sample
is
collected.
If
the
waste
output
process
stops,
stop
the
60
 
minute
interval
time
clock.
When
the
process
restarts,
restart
the
60
 
minute
interval
time
clock
and
complete
the
incomplete
60
 
minute
interval.

(
d)
Composite
the
eight
19­
liter
samples
and
subsample
in
accordance
with
§
761.350.
§
761.350
Subsampling
from
composite
samples.

(
a)
Preparing
the
composite.
Composite
the
samples
(
eight
from
a
flattened
pile;
eight
or
more
from
a
conical
pile;
eight
from
waste
that
is
continuously
generated)
and
select
a
19­
liter
subsample
for
shipment
to
the
chemical
extraction
and
analysis
laboratory
for
further
subsampling.
There
are
two
options
for
the
preparation
of
the
composite:

(
1)
Option
one.
Place
all
of
the
contents
of
all
19­
liter
samples
that
you
collected
into
a
209
liter
(
55
gallon)
drum
or
similar
sized,
cylinder­
shaped
container.
Completely
close
the
container,
and
roll
it
10
or
more
complete
revolutions
to
mix
the
contents.

(
2)
Option
two.
Add
the
19­
liter
samples
one
at
a
time
to
a
209
liter
(
55
gallon)
drum.
Between
the
addition
of
each
19­
liter
sample,
stir
the
composite
using
a
broom
handle
or
similar
long,
narrow,
sturdy
rod
that
reaches
the
bottom
of
the
container.
Stir
the
mixture
for
a
minimum
of
10
complete
revolutions
of
the
stirring
instrument
around
the
container
at
a
distance
approximately
half
way
between
the
outside
and
center
of
the
container.

(
b)
Selecting
a
19­
liter
subsample
from
the
composite.
Once
the
composite
is
mixed,
pour
the
mixture
of
waste
out
on
a
plastic
sheet
and
either
divide
it
into
19­
liter
size
piles
or
make
one
large
pile.

(
1)
From
19­
liter
sized
piles,
use
a
random
number
generator
or
random
number
table
to
select
one
of
the
piles.

(
2)
From
one
large
pile,
flatten
the
pile
to
a
depth
of
30
cm
and
divide
it
into
4
quarters
of
equal
size.
Use
a
random
number
generator
or
random
number
table
to
select
one
quarter
of
the
pile.
Further
divide
the
selected
quarter
pile
into
19­
liter
portions
and
use
a
random
number
generator
or
random
number
table
to
select
one
19­
liter
portion.
A
square
having
a
25
cm
side
or
a
circle
having
a
diameter
of
approximately
28.5
cm
when
projected
downwards
30
cm
equals
approximately
19
liters.

(
c)
Transferring
the
sample
to
the
analytical
laboratory.
Place
the
selected
19­
liter
subsample
in
a
container,
approved
for
shipment
of
the
sample,
to
the
chemical
extraction
and
analysis
laboratory,
for
the
next
step
in
sample
selection
in
accordance
with
§
761.353.

§
761.353
Second
level
of
sample
selection.

The
second
level
of
sample
selection
reduces
the
size
of
the
19­
liter
subsample
that
was
collected
according
to
either
§
761.347
or
§
761.348
and
subsampled
according
to
§
761.350.
The
purpose
of
the
sample
size
reduction
is
to
limit
the
amount
of
time
required
to
manually
cut
up
larger
particles
of
the
waste
to
pass
through
a
9.5
millimeter
(
mm)
screen.

(
a)
Selecting
a
portion
of
the
subsample
for
particle
size
reduction.
At
the
chemical
extraction
and
analysis
laboratory,
pour
the
19­
liter
subsample
onto
a
plastic
sheet
or
into
a
pan
and
divide
the
subsample
into
quarters.
Use
a
random
number
generator
or
random
number
table
to
select
one
of
these
quarters.

(
b)
Reduction
of
the
particle
size
by
the
use
of
a
9.5
mm
screen.
Collect
the
contents
of
the
selected
quarter
of
waste
resulting
from
conducting
the
procedures
in
paragraph
(
a)
of
this
section
and
shake
the
waste
in
a
9.5
mm
screen.
Separate
the
waste
material
which
passes
through
the
screen
from
the
waste
material
which
does
not
pass
through
the
screen.
Manually
cut
or
otherwise
reduce
the
size
of
all
parts
of
the
waste
portion
which
did
not
pass
through
the
9.5
mm
screen,
such
that
each
part
of
the
waste
shall
pass
through
the
9.5
mm
screen
by
shaking.

(
c)
Drying
the
reduced
particle
size
waste.
Dry
all
of
the
waste
portion
resulting
from
conducting
the
procedures
in
paragraph
(
b)
of
this
section,
from
10
to
15
hours
in
a
drying
oven
at
100
°
C.
Allow
the
dried
waste
to
cool
to
room
temperature.

(
d)
Mixing
the
dried
waste.
Place
all
of
the
waste
resulting
from
conducting
the
procedures
in
paragraph
(
c)
of
this
section
in
a
19­
liter
pail
or
similarly
sized,
cylinder­
shaped
container.
Mix
the
dried
material
according
to
one
of
the
two
following
options:

(
1)
First
mixing
option.
Completely
close
the
container
and
roll
the
container
a
minimum
of
10
complete
revolutions
to
mix
the
contents.

(
2)
Second
mixing
option.
Use
a
sturdy
stirring
rod,
such
as
a
broom
handle
or
other
device
that
reaches
the
bottom
of
the
container,
to
stir
the
waste
for
a
minimum
of
10
complete
revolutions
around
the
container
at
a
distance
approximately
half
way
between
the
outside
and
the
center
of
the
container.

§
761.355
Third
level
of
sample
selection.

The
third
level
of
sample
selection
further
reduces
the
size
of
the
subsample
to
100
grams
which
is
suitable
for
the
chemical
extraction
and
analysis
procedure.

(
a)
Divide
the
subsample
resulting
from
conducting
the
procedures
in
§
761.353
of
this
part
into
100
gram
portions.

(
b)
Use
a
random
number
generator
or
random
number
table
to
select
one
100
gram
size
portion
as
a
sample
for
a
procedure
used
to
simulate
leachate
generation.

(
c)
Dry
the
100
gram
sample,
selected
after
conducting
the
procedure
in
paragraph
(
b)
of
this
section,
for
10
to
15
hours
in
a
drying
oven
at
100
°
C
and
cool
it
to
the
analytical
laboratory
room
temperature
before
analysis
using
a
procedure
used
to
simulate
leachate
generation.
This
sample
was
dried
previously
in
the
larger
quantity
sample
at
the
second
level
of
sampling
(
§
761.353(
c))
and
is
dried
a
second
time
here
(
in
the
third
level
of
sample
selection).
This
dried
and
cooled
sample
must
weigh
at
least
50
grams.

(
d)
If
the
dried
and
cooled
sample
weighs
<
50
grams,
select
additional
100
gram
portions
of
sample
one
at
a
time
by
repeating
the
directions
in
paragraph
(
b)
and
(
c)
of
this
section,
and
add
each
additional
100
gram
portion
of
sample
to
the
first
100
gram
portion
until
at
least
50
grams
of
dried
material
is
in
the
sample
to
be
analyzed
using
a
procedure
used
to
simulate
leachate
generation.

§
761.356
Conducting
a
leach
test.

No
method
is
specified
as
a
procedure
used
to
simulate
leachate
generation.

§
761.357
Reporting
the
results
of
the
procedure
used
to
simulate
leachate
generation.

Report
the
results
of
the
procedure
used
to
simulate
leachate
generation
as
micrograms
PCBs
per
liter
of
extract
from
a
100
gram
sample
of
dry
bulk
product
waste.
Divide
100
grams
by
the
grams
in
the
sample
and
multiply
this
quotient
by
the
number
of
micrograms
PCBs
per
liter
of
extract
to
obtain
the
equivalent
measurement
from
a
100
gram
sample.

§
761.358
Determining
the
PCB
concentration
of
samples
of
waste.

Use
either
Method
3500B/
3540C
or
Method
3500B/
3550B
from
EPA's
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste,
or
a
method
validated
under
subpart
Q
of
this
part,
for
chemical
extraction
of
PCBs
from
individual
and
composite
samples
of
PCB
bulk
product
waste.
Use
Method
8082
from
SW­
846,
or
a
method
validated
under
subpart
Q
of
this
part,
to
analyze
these
extracts
for
PCBs.

§
761.359
Reporting
the
PCB
concentrations
in
samples.

Report
all
sample
concentrations
as
ppm
by
weight
on
a
dry
weight
basis.

Subpart
S
 
Double
Wash/
Rinse
Method
for
Decontaminating
Non­
Porous
Surfaces
Source:
63
FR
35472,
June
29,
1998,
unless
otherwise
noted.

§
761.360
Background.

The
double
wash/
rinse
procedure
is
used
to
quickly
and
effectively
remove
PCBs
on
surfaces.
It
is
important
to
select
and
use
the
proper
cleanup
equipment,
to
conduct
the
procedure
correctly
so
as
not
to
redistribute
PCBs,
and
to
comply
with
disposal
requirements
for
all
cleanup
materials.

§
761.363
Applicability.

The
double
wash/
rinse
procedure
includes
two
washing
steps
and
two
rinsing
steps.
The
two
washing
and
rinsing
steps
are
slightly
different
depending
on
whether
a
contaminated
surface
was
relatively
clean
before
the
spill
(
see
§
761.372),
or
whether
the
surface
was
coated
or
covered
with
dust,
dirt,
grime,
grease
or
another
absorbent
material
(
see
§
761.375).

§
761.366
Cleanup
equipment.
(
a)
Use
scrubbers
and
absorbent
pads
that
are
not
dissolved
by
the
solvents
or
cleaners
used,
and
that
do
not
shred,
crumble,
or
leave
visible
fragments
on
the
surface.
Scrubbers
and
absorbent
pads
used
to
wash
contaminated
surfaces
must
not
be
reused.
Scrubbers
and
absorbent
pads
for
rinsing
must
not
contain

2
ppm
PCBs.
Scrubbers
and
absorbent
pads
used
in
the
second
rinse
of
contaminated
surfaces
may
be
reused
to
wash
contaminated
surfaces.

(
b)
Capture
and
contain
all
solvents
and
cleaners
for
reuse,
decontamination,
or
disposal.
Clean
organic
solvents
contain
<
2
ppm
PCBs.
Clean
water
contains
<
3
ppb
PCBs.

§
761.369
Pre­
cleaning
the
surface.

If
visible
PCB­
containing
liquid
is
present
on
the
surface
to
be
cleaned,
thoroughly
wipe
or
mop
the
entire
surface
with
absorbent
paper
or
cloth
until
no
liquid
is
visible
on
the
surface.

§
761.372
Specific
requirements
for
relatively
clean
surfaces.

For
surfaces
that
do
not
appear
dusty
or
grimy
before
a
spill,
such
as
glass,
automobile
surfaces,
newly­
poured
concrete,
and
desk
tops,
use
the
double
wash/
rinse
procedures
in
this
section.

(
a)
First
wash.
Cover
the
entire
surface
with
organic
solvent
in
which
PCBs
are
soluble
to
at
least
5
percent
by
weight.
Contain
and
collect
any
runoff
solvent
for
disposal.
Scrub
rough
surfaces
with
a
scrub
brush
or
disposable
scrubbing
pad
and
solvent
such
that
each
900
cm2
(
1
square
foot)
of
the
surface
is
always
very
wet
for
1
minute.
Wipe
smooth
surfaces
with
a
solvent­
soaked,
disposable
absorbent
pad
such
that
each
900
cm2
(
1
square
foot)
is
wiped
for
1
minute.
Any
surface
<
1
square
foot
shall
also
be
wiped
for
1
minute.
Wipe,
mop,
and/
or
sorb
the
solvent
onto
absorbent
material
until
no
visible
traces
of
the
solvent
remain.

(
b)
First
rinse.
Wet
the
surface
with
clean
rinse
solvent
such
that
the
entire
surfaces
is
very
wet
for
1
minute.
Drain
and
contain
the
solvent
from
the
surface.
Wipe
the
residual
solvent
off
the
drained
surface
using
a
clean,
disposable
absorbent
pad
until
no
liquid
is
visible
on
the
surface.

(
c)
Second
wash.
Repeat
the
procedures
in
paragraph
(
a)
of
this
section.
The
rinse
solvent
from
the
first
rinse
(
paragraph
(
b)
of
this
section)
may
be
used.

(
d)
Second
rinse.
Repeat
the
procedures
in
paragraph
(
b)
of
this
section.

§
761.375
Specific
requirements
for
surfaces
coated
or
covered
with
dust,
dirt,
grime,
grease,
or
another
absorbent
material.

(
a)
First
wash.
Cover
the
entire
surface
with
concentrated
or
industrial
strength
detergent
or
non­
ionic
surfactant
solution.
Contain
and
collect
all
cleaning
solutions
for
proper
disposal.
Scrub
rough
surfaces
with
a
scrub
brush
or
scrubbing
pad,
adding
cleaning
solution
such
that
the
surface
is
always
very
wet,
such
that
each
900
cm2
(
1
square
foot)
is
washed
for
1
minute.
Wipe
smooth
surfaces
with
a
cleaning
solution­
soaked
disposable
absorbent
pad
such
that
each
900
cm2
(
1
square
foot)
is
wiped
for
1
minute.
Wash
any
surface
<
1
square
foot
for
1
minute.
Mop
up
or
absorb
the
residual
cleaner
solution
and
suds
with
an
clean,
disposable,
absorbent
pad
until
the
surface
appears
dry.
This
cleaning
should
remove
any
residual
dirt,
dust,
grime,
or
other
absorbent
materials
left
on
the
surface
during
the
first
wash.

(
b)
First
rinse.
Rinse
off
the
wash
solution
with
1
gallon
of
clean
water
per
square
foot
and
capture
the
rinse
water.
Mop
up
the
wet
surface
with
a
clean,
disposable,
absorbent
pad
until
the
surface
appears
dry.

(
c)
Second
wash.
Follow
the
procedure
in
§
761.372(
a).

(
d)
Second
rinse.
Follow
the
procedure
in
§
761.372(
b).

§
761.378
Decontamination,
reuse,
and
disposal
of
solvents,
cleaners,
and
equipment.

(
a)
Decontamination.
Decontaminate
solvents
and
non­
porous
surfaces
on
equipment
in
accordance
with
the
standards
and
procedures
in
§
761.79(
b)
and
(
c).

(
b)
Reuse.
A
solvent
may
be
reused
so
long
as
its
PCB
concentration
is
<
50
ppm.
Decontaminated
equipment
may
be
reused
in
accordance
with
§
761.30(
u).
Store
solvents
and
equipment
for
reuse
in
accordance
with
§
761.35.

(
c)
Disposal.
Dispose
of
all
solvents,
cleaners,
and
absorbent
materials
in
accordance
with
§
761.79(
g).
Dispose
of
equipment
in
accordance
with
§
761.61(
a)(
5)(
v)(
A),
or
decontaminate
in
accordance
with
§
761.79(
b)
or
(
c).
Store
for
disposal
equipment,
solvents,
cleaners,
and
absorbent
materials
in
accordance
with
§
761.65.

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

Source:
63
FR
35473,
June
29,
1998,
unless
otherwise
noted.

§
761.380
Background.

This
subpart
provides
self­
implementing
criteria
for
validating
the
conditions
for
use
in
performance­
based
decontamination
of
solvents
other
than
those
listed
in
§
761.79(
c)(
3)
and
(
c)(
4).
Any
person
may
use
this
subpart
for
validating
either
a
chemical
formulation
or
a
product
with
a
trade
name
whether
or
not
the
constituents
of
the
product
are
proprietary.
§
761.383
Applicability.

Use
the
self­
implementing
decontamination
procedure
only
on
smooth,
non­
porous
surfaces
that
were
once
in
contact
with
liquid
PCBs.
Decontamination
procedures
under
this
subpart
shall
exactly
parallel
§
761.79(
c)(
3)
and
(
c)(
4),
except
that
the
procedures
described
in
§
761.79(
c)(
3)(
iii)
and
(
c)(
3)(
iv)
and
(
c)(
4)(
iii),
(
c)(
4)(
iv)
and
(
c)(
4)(
vii)
may
be
revised
to
contain
parameters
validated
in
accordance
with
this
subpart.

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

The
following
experimental
conditions
apply
for
any
solvent:

(
a)
Temperature
and
pressure.
Conduct
the
validation
study
and
perform
decontamination
at
room
temperature
(
from

15
°
C
to

30
°
C)
and
at
atmospheric
pressure.

(
b)
Agitation.
Limit
the
movement
in
the
solvent
to
the
short­
term
movement
from
placing
the
contaminated
surface
into
the
soak
solvent
and
from
removing
the
surface
from
the
soak
solvent.

(
c)
Time
of
soak.
Soak
the
surface
for
a
minimum
of
1
hour.

(
d)
Surface
conditions
for
the
validation
study.
Prior
to
beginning
the
validation
study,
ensure
that
there
are
no
free­
flowing
liquids
on
surfaces
and
that
surfaces
are
dry
(
i.
e.,
there
are
no
liquids
visible
without
magnification).
Also
ensure
that
surfaces
are
virtually
free
from
non­
liquid
residues,
corrosion,
and
other
defects
which
would
prevent
the
solvent
from
freely
circulating
over
the
surface.

(
e)
Confirmatory
sampling
for
the
validation
study.
Select
surface
sample
locations
using
representative
sampling
or
a
census.
Sample
a
minimum
area
of
100
cm2
on
each
individual
surface
in
the
validation
study.
Measure
surface
concentrations
using
the
standard
wipe
test,
as
defined
in
§
761.123,
from
which
a
standard
wipe
sample
is
generated
for
chemical
analysis.
Guidance
for
wipe
sampling
appears
in
the
document
entitled
"
Wipe
Sampling
and
Double
Wash/
Rinse
Cleanup
as
Recommended
by
the
Environmental
Protection
Agency
PCB
Spill
Cleanup
Policy,"
available
from
the
TSCA
Assistance
Information
Service,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

(
f)
Concentration
of
PCBs.
The
method
validated
may
be
used
only
to
decontaminate
surfaces
containing
PCBs
at
concentrations
on
which
the
validation
study
was
performed
and
lower
concentrations.

§
761.389
Testing
parameter
requirements.

There
are
no
restrictions
on
the
variable
testing
parameters
described
in
this
section
which
may
be
used
in
the
validation
study.
The
conditions
demonstrated
in
the
validation
study
for
these
variables
shall
become
the
required
conditions
for
decontamination
using
the
solvent
being
validated
and
shall
replace
the
comparable
conditions
in
§
761.79(
b)(
3)
through
(
b)(
6).
There
are
limited
potential
options
for
varying
a
single
requirement
in
this
section.
If
you
change
one
of
these
variable
requirements,
change
it
only
in
the
way
listed
in
this
section
and
do
not
change
any
other
validated
conditions.
If
you
desire
to
change
more
than
one
of
the
requirements
in
this
section,
you
must
conduct
a
new
study
to
validate
the
decontamination
under
the
desired
conditions.

(
a)
The
study
apparatus
is
not
standardized.
Critical
components
of
the
study
are
the
PCB
material
(
for
example
MODEF
or
some
other
spiking
solution),
the
volume
of
the
soaking
solvent,
and
the
area
of
the
contaminated
surface.
The
EPA
study
used
beakers
and
shallow
dishes
as
the
experimental
vessels
to
contain
the
surface
and
solvent
during
the
soaking
process.
In
order
to
minimize
surface­
to­
volume
ratios,
it
is
convenient
to
utilize
flat
contaminated
surfaces
and
shallow
solvent
containers.
During
the
validation
study,
use
the
same
ratio
of
contaminated
surface
area
to
soak
solvent
volume
as
would
be
used
during
actual
decontamination.
It
is
also
permissible
to
use
a
smaller
surface
area
to
soaking
solvent
volume
than
used
in
the
validation
study,
so
long
as
all
other
required
parameters
are
used
as
validated
in
the
confirmation
required
in
§
761.386
(
a)
through
(
f),
and
paragraphs
(
a)
through
(
c)
of
this
section.
Do
not
use
a
larger
surface­
area­
to­
solvent­
volumes
ratio
or
different
kind
of
solvent
based
on
the
results
of
the
validation
study.

(
b)
Except
for
the
minimum
soak
time
of
1
hour
(
as
required
in
§
761.386(
c)),
the
length
of
soak
time
is
not
otherwise
restricted
in
the
validation
study.
The
soak
time
used
in
the
validation
study,
however,
is
a
use
requirement
for
subsequent
decontamination
using
the
solvent
being
validated.
It
is
permissible
to
use
longer
soak
times
for
decontamination
than
the
soak
time
used
in
the
validation
study,
if
all
other
parameters
required
in
§
761.386,
and
paragraphs
(
a)
and
(
c)
of
this
section
are
used.

(
c)
There
is
no
restriction
on
the
kind
of
material
containing
PCBs
to
use
to
create
the
surface
contamination
for
the
validation
study.
There
is
also
no
restriction
on
the
level
of
starting
PCB
surface
concentration.
It
is
permissible
to
use
lower
concentrations
of
PCB
than
the
concentration
used
in
the
validation
study,
if
all
other
parameters
required
in
§
761.386
(
a)
through
(
f),
and
paragraphs
(
a)
through
(
c)
of
this
section
are
used.

§
761.392
Preparing
validation
study
samples.

(
a)(
1)
To
validate
a
procedure
to
decontaminate
a
surface
contaminated
with
a
spill
from
liquid
of
a
known
concentration,
contaminate
(
spike)
the
surface
to
be
used
in
the
validation
study
as
follows:

(
i)
Use
a
spiking
solution
made
of
PCBs
mixed
with
a
solvent
to
contaminate
clean
surfaces.
Clean
surfaces
are
surfaces
having
PCB
surface
concentrations
<
1

g/
100
cm2
before
intentionally
contaminating
the
surface.

(
ii)
Prior
to
contaminating
a
surface
for
the
validation
study,
mark
the
surface
sampling
area
to
assure
that
it
is
completely
covered
with
the
spiking
solution.
(
iii)
Deliver
the
spiking
solution
onto
the
surface,
covering
all
of
the
sampling
area.
Contain
any
liquids
which
spill
or
flow
off
the
surface.
Allow
the
spiking
solution
to
drip
drain
off
into
a
container
and
then
evaporate
the
spiking
solution
off
the
contaminated
surface
prior
to
beginning
the
validation
study.
Contaminate
a
minimum
of
eight
surfaces
for
a
complete
validation
study.

(
iv)
As
a
quality
control
step,
test
at
least
one
contaminated
surface
to
determine
the
PCB
concentration
to
verify
that
there
are
measurable
surface
levels
of
PCBs
resulting
from
the
contamination
before
soaking
the
surface
in
the
decontamination
solvent.
The
surface
levels
of
PCBs
on
the
contaminated
surfaces
must
be

20

g/
100
cm2.

(
2)
To
validate
a
procedure
to
decontaminate
a
specified
surface
concentrations
of
PCBs
as
measured
by
a
standard
wipe
sample,
contaminate
a
minimum
of
10
surfaces.
Contaminate
all
the
surfaces
identically
following
the
procedures
in
paragraph
(
a)(
1)
of
this
section
and
measure
the
PCB
surface
concentrations
of
at
least
three
of
the
surfaces
using
a
standard
wipe
test
to
establish
a
surface
concentration
to
be
included
in
the
standard
operating
procedure.
The
surface
levels
of
PCBs
on
the
contaminated
surfaces
must
be

20

g/
100
cm2.

(
b)
[
Reserved]

§
761.395
A
validation
study.

(
a)
Decontaminate
the
following
prepared
sample
surfaces
using
the
selected
testing
parameters
and
experimental
conditions.
Take
a
standard
wipe
sample
of
the
decontaminated
surface.

(
1)
At
least
one
uncontaminated
surface.
The
surface
levels
of
PCBs
on
the
uncontaminated
surface
must
be
<
1

g/
100
cm2.

(
2)
At
least
seven
contaminated
surfaces.

(
b)(
1)
Use
SW­
846,
Test
Methods
for
Evaluating
Solid
Waste
methods
for
sample
extraction
and
chemical
analysis
as
follows:
Use
Method
3500B/
3540C
or
Method
3500B/
3550B
for
the
extraction
and
cleanup
of
the
extract
and
Method
8082
for
the
chemical
analysis,
or
methods
validated
under
subpart
Q
of
this
part.

(
2)
Report
all
validation
study
surface
sample
concentrations
on
the
basis
of
micrograms
of
PCBs
per
100
cm2
of
surface
sampled.

(
c)
Following
completion
of
the
validation
study,
measurements
from
the
contaminated
surfaces
must
have
an
arithmetic
mean
of

10

g/
100
cm2.
If
the
arithmetic
mean
is
>
10

g/
100
cm2,
then
the
validation
study
failed
and
the
solvent
may
not
be
used
for
decontamination
under
§
761.79(
d)(
4)
according
to
the
parameters
tested.
§
761.398
Reporting
and
recordkeeping.

(
a)
Submit
validation
study
results
to
the
Director,
National
Program
Chemicals
Division
(
NPCD),
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
prior
to
the
first
use
of
a
new
solvent
for
alternate
decontamination
under
§
761.79(
d)(
4).
The
use
of
a
new
solvent
is
not
TSCA
Confidential
Business
Information
(
CBI).
From
time
to
time,
the
Director
of
NPCD
will
confirm
the
use
of
validated
new
decontamination
solvents
and
publish
the
new
solvents
and
validated
decontamination
procedures
in
the
Federal
Register.

(
b)
Any
person
may
begin
to
use
solvent
validated
in
accordance
with
this
subpart
at
the
time
results
are
submitted
to
EPA.

(
c)
Record
all
testing
parameters
and
experimental
conditions
from
the
successful
validation
study
into
a
standard
operating
procedure
(
SOP)
for
reference
whenever
the
decontamination
procedure
is
used.
Include
in
the
SOP
the
identity
of
the
soaking
solvent,
the
length
of
time
of
the
soak,
and
the
ratio
of
the
soak
solvent
to
contaminated
surface
area
during
the
soaking
process.
Also
include
in
the
SOP
the
maximum
concentration
of
PCBs
in
the
spilled
material
and
the
identity
of
the
spilled
material,
and/
or
the
measured
maximum
surface
concentration
of
the
contaminated
surface
used
in
the
validation
study.
Record
and
keep
the
results
of
the
validation
study
as
an
appendix
to
the
SOP.
Include
in
this
appendix,
the
solvent
used
to
make
the
spiking
solution,
the
PCB
concentration
of
the
spiking
solution
used
to
contaminate
the
surfaces
in
the
validation
study,
and
all
of
the
validation
study
testing
parameters
and
experimental
conditions.
