Supporting
Statement
for
a
Request
for
OMB
Review
under
the
Paperwork
Reduction
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
l(
a)
Title
of
the
Information
Collection
TITLE:
PCBs,
Consolidated
Reporting
and
Recordkeeping
Requirements
EPA
ICR
No.:
1446.08
OMB
Control
No:
2070­
0112
1(
b)
Short
Characterization
The
Toxic
Substances
Control
Act
(
TSCA)
section
6(
e)(
1),
15
USC
2605(
e),
directs
EPA
to
regulate
the
marking
and
disposal
of
polychlorinated
biphenyls
(
PCBs).
Section
6(
e)(
2)
bans
the
manufacturing,
processing,
distribution
in
commerce,
and
use
of
PCBs
in
other
than
a
totally
enclosed
manner.
Section
6(
e)(
3)
establishes
a
process
for
obtaining
an
exemption
from
the
prohibitions
on
the
manufacture,
processing,
and
distribution
in
commerce
of
PCBs.
This
provision
requires
that
EPA
must
make
a
finding
by
rule
that
such
activities
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
In
addition,
good
faith
efforts
must
have
been
made
by
the
petitioner
to
develop
a
chemical
substance
that
does
not
present
an
unreasonable
risk
to
replace
the
PCBs.
Exemptions
may
be
granted
for
a
period
not
to
exceed
one
year.
Since
1978,
EPA
has
promulgated
numerous
rules
addressing
all
aspects
of
the
life
cycle
of
PCBs
as
required
by
the
statute.
These
regulations
have
been
codified
in
the
various
subparts
of
40
CFR
761,
as
shown
in
Table
1­
1.
Appendix
A
contains
a
copy
of
the
statute
and
Appendix
B
is
a
copy
of
the
regulations.

TABLE
1­
1
SUBPARTS
AND
SECTIONS
OF
40
CFR
761
Subpart
Section
Numbers
Subpart
Title
Subpart
A
§
§
761.1
­
.19
General
Subpart
B
§
§
761.20
­
.35
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
Subpart
C
§
§
761.40
­
.45
Marking
of
PCBs
and
PCB
Items
Subpart
D
§
§
761.50
­.
79
Storage
and
Disposal
Subpart
E
§
§
761.80
Exemptions
TABLE
1­
1,
continued
SUBPARTS
AND
SECTIONS
OF
40
CFR
761
Subpart
Section
Numbers
Subpart
Title
­
2­
Subpart
F
§
§
761.91
­
.99
Transboundary
Shipments
of
PCBs
for
Disposal
Subpart
G
§
§
761.120
­
.135
PCB
Spill
Cleanup
Policy
Subparts
J
§
§
761.180
­
.193
General
Records
and
Reports
Subpart
K
§
§
761.202
­
.218
PCB
Waste
Disposal
Records
and
Reports
Subpart
M
§
§
761.240
­
.257
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
Subpart
N
§
§
761.260
­
.274
Cleanup
Site
Characterization
Sampling
for
PCB
Remediation
Waste
in
Accordance
with
40
CFR
761.61(
a)(
2)

Subpart
O
§
§
761.280
­
.298
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)

Subpart
P
§
§
761.300
­
.316
Sampling
Non­
Porous
Surfaces
for
Measurement­
Based
Use,
Reuse,
and
On­
Site
or
Off­
Site
Disposal
Under
§
§
761.61(
a)(
6)
and
761.79(
b)(
3)

Subpart
Q
§
§
761.320
­
.326
Self­
Implementing
Alternative
Extraction
and
Chemical
Analysis
Procedures
for
Non­
Liquid
PCB
Remediation
Waste
Samples
Subpart
R
§
§
761.340
­
.359
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
Subpart
S
§
§
761.360
­
.378
Double
Wash/
Rinse
Method
for
Decontaminating
Non­
Porous
Surfaces
Subpart
T
§
§
761.380
­
.398
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
Under
40
CFR
971.79(
d)(
4)
­
3­
This
Supporting
Statement
is
a
renewal
of
the
Information
Collection
Request
(
ICR)
that
previously
consolidated
six
ICRs
as
follows:

1.
ICR
857
 
PCB
Manufacturing,
Processing,
and
Distribution
in
Commerce
Exemptions
(
OMB
Control
No.
2070­
0021).
2
ICR
1000
 
PCB
Use
in
Electrical
Equipment
and
Transformers
(
OMB
Control
No.
2070­
0003).
3.
ICR
1001
 
PCB
Exclusions,
Exemptions,
and
Use
Authorizations
(
OMB
Control
No.
2070­
0008).
4.
ICR
1012
 
PCB
Disposal
Permitting
Regulation
(
OMB
Control
No.
2070­
0011).
5.
ICR
1446
 
Notification
and
Manifesting
for
PCB
Waste
Activities
(
OMB
Control
No.
2070­
0112),
which
incorporates
ICR
583
­
PCB
Use,
Storage,
and
Disposal
Recordkeeping
Requirements
(
OMB
Control
No.
2070­
0061).
This
collection
was
amended
to
address
third­
party
notifications
and
to
address
the
burden
associated
with
EPA's
Reclassification
Rule
when
it
was
a
proposed
rule.
6.
ICR
1729
 
Final
Regulations
Amending
the
PCB
Regulations
at
40
CFR
761
(
OMB
Control
No.
2070­
0159).

The
previous
Consolidated
ICR
also
incorporated
collection
request
burdens
associated
with
the
Reclassification
Rule
(
66
FR
17602,
April
2,
2001)
not
previously
contained
in
OMB's
inventory.
No
additional
requirements
have
been
added
to
this
ICR,
with
the
exception
of
two
minor
reporting
provisions
of
the
Reclassification
Rule
that
were
not
included
in
the
previous
Consolidated
ICR.

There
are
approximately
100
specific
reporting,
third­
party
reporting,
and
recordkeeping
requirements
covered
by
this
consolidated
ICR.
Some
examples
of
reporting
and
third­
party
reporting
requirements
included
at
40
CFR
761
follow:

­­
Submitting
reports/
certifications
to
qualify
for
the
exclusion
from
the
manufacturing
ban,
thus
allowing
the
manufacture
or
importation
of
chemical
products
that
contain
inadvertently
generated
trace
PCB
impurities.

­­
Registering
newly
discovered
PCB
Transformers
with
EPA
(
reporting)
and
building
owners
(
third­
party
reporting).

­­
Submitting
annual
reports
concerning
the
storage
and
disposal
of
PCBs.

­­
Notifying
EPA
to
obtain
approval
to
exceed
the
time
limits
for
storing
equipment
slated
for
reuse
or
to
exceed
the
current
1­
year
limitation
on
storing
equipment
for
disposal.

­­
Notifying
EPA
(
i.
e.,
reporting)
and
State
and
local
officials
(
i.
e.,
third­
party
reporting)
of
self­
implementing
PCB
remediation
activities
and
changes
to
these
­
4­
activities,
and
providing
certification
that
all
records
of
remediation
activities
are
on
file.

­­
Requesting
EPA
approval
to
operate
facilities
that
dispose
or
commercially
store
PCBs.

­­
Submitting
Unmanifested
Waste
Reports.

­­
Sending
Certificates
of
Disposal
to
generators
of
PCB
waste
(
third­
party
reporting).

Examples
of
recordkeeping
requirements
under
40
CFR
761
include:

­­
Maintaining
records
of
PCB
Transformers
and
transformer
inspections,
Voltage
Regulators,
and
Large
Capacitors.

­­
Maintaining
records
of
PCB
equipment
stored
for
reuse.

S
Keeping
records
of
remediation
activities.

­­
Preparing
and
maintaining
plans
for
handling
PCB
spills
[
i.
e.,
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
plans].

­­
Preparing
and
maintaining
annual
document
logs
for
incineration
facilities,
chemical
waste
landfills,
and
high
efficiency
boilers.

­­
Maintaining
monitoring
records
of
the
manufacture,
import,
processing,
distribution
in
commerce,
or
use
of
chemicals
containing
inadvertently
generated
or
recycled
PCBs.

­­
Maintaining
records
associated
with
the
transfer,
storage,
and
disposal
of
PCBs
and
PCB
equipment;
the
processing
and
distribution
in
commerce
of
PCBs;
and
the
decontamination
of
PCB
Items.

Information
required
by
these
regulations
is
used
by
EPA's
Regional
Administrators,
the
Office
of
Enforcement
and
Compliance
Assurance
(
OECA),
or
the
Office
of
Pollution
Prevention
and
Toxic
Substances
(
OPPTS),
as
appropriate.
Much
of
the
information
is
maintained
as
part
of
the
public
docket.
Confidential
business
information
(
CBI)
submitted
to
EPA
to
qualify
for
the
chemical
manufacturing
exclusions
is
maintained
by
OPPTS
in
the
CBI
docket.
Data
collected
under
the
transformer
registration
program
are
provided
to
the
EPA
Regional
Offices
and
other
environmental
offices,
on
an
as
requested
basis
(
e.
g.,
State
environmental
agencies,
fire
response
personnel,
etc.),
and
is
accessible
on­
line
as
well.
­
5­
All
of
the
information
collection
activities
associated
with
the
PCB
regulations
found
at
40
CFR
761
have
been
approved
by
OMB.
The
total
hourly
and
cost
burdens
associated
with
the
requirements
discussed
in
this
consolidated
ICR
include
time
needed
to
collect
and
review
required
information
and
transmit
or
otherwise
disclose
the
information.
EPA
will
use
the
information
collected
by
the
40
CFR
761
requirements
to
ensure
PCBs
are
managed
in
an
environmentally
safe
manner
and
that
activities
are
being
conducted
in
compliance
with
the
PCB
regulations.
Specific
uses
of
the
information
collected
include
determining
the
efficacy
of
a
disposal
technology;
evaluating
exemption
requests
and
exclusion
notices;
targeting
compliance
inspections
(
e.
g.,
determining
if
operational
criteria
for
disposal
facilities
are
being
met);
and
ensuring
adequate
storage
capacity
for
PCB
waste.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
The
reporting
and
recordkeeping
requirements
of
this
consolidated
ICR
are
implemented
under
the
TSCA
authorities
15
USC
2605,
Section
6(
e).
To
meet
its
statutory
obligations,
EPA
must
obtain
sufficient
information
to
conclude
that
the
specified
activities
do
not
result
in
an
unreasonable
risk
of
injury
to
health
or
the
environment.
The
regulations
are
intended
to
prevent
the
improper
handling
and
disposal
of
PCBs
and
to
minimize
the
exposure
of
human
beings
or
the
environment
to
PCBs.

To
assist
EPA
in
achieving
these
goals,
the
information
collected
by
these
requirements
will
update
the
Agency's
knowledge
of
ongoing
PCB
activities,
ensure
that
individuals
using
or
disposing
of
PCBs
are
held
accountable
for
their
activities,
and
demonstrate
compliance
with
the
PCB
regulations.
Tables
2­
1,
2­
2,
and
2­
3
(
located
at
the
end
of
this
section)
provide
specific
regulatory
citations
for
each
reporting,
third­
party
reporting,
and
recordkeeping
requirement,
respectively,
as
well
as
the
use
for
each
requirement,
which
is
provided
in
response
to
Section
2(
b)
of
this
report.
Item
numbers
in
the
first
column
of
the
tables
are
included
for
ease
of
reference
to
the
numerous
requirements
and
are
carried
through
to
other
sections
and
tables
throughout
this
document.

There
are,
however,
certain
PCB
requirements
that
are
exempt
from
the
Paperwork
Reduction
Act
(
PRA).
In
defining
"
collection
of
information,"
OMB's
PRA
regulations
explicitly
exempt
public
disclosures
where
all
the
information
required
to
be
displayed
is
supplied
by
the
government.
The
last
sentence
of
5
CFR
1320.3(
c)(
2)
states,
"
The
public
disclosure
of
information
originally
supplied
by
the
Federal
Government
to
the
recipient
for
the
purpose
of
disclosure
to
the
public
is
not
included
within
this
definition"
(
emphasis
added).
This
exemption
is
reflected
in
OMB's
February
3,
1997
draft,
the
Paperwork
Reduction
Act
of
1995:
Implementing
Guidance,
p.
20,
n.
88
(
giving
the
example
of
cigarettes
displaying
the
specified
Surgeon
General's
warning).
­
6­
EPA's
PCB
marking
requirements
at
§
§
761.40
and
.45
supply
all
the
information
required
by
EPA
to
be
displayed
on
items
containing
PCBs,
except
for
§
§
761.45(
a)
and
.40(
j)(
2).
All
the
information
required
to
be
disclosed
for
compliance
with
these
two
provisions
is
not
provided
by
EPA,
however,
the
requirements
do
not
negate
the
above
conclusion.

For
§
761.45(
a),
the
mark
prompts
the
recipient
to
add
information
identifying
the
name
and
telephone
number
of
a
person
to
contact
beyond
the
contact
information
already
supplied
by
EPA's
mark
itself.
(
The
mark
gives
an
emergency
800
number
at
the
U.
S.
Coast
Guard
in
case
of
accidents
or
spills,
and
states
"
for
disposal
information
contact
the
nearest
U.
S.
EPA
office.")
However,
OMB's
PRA
regulations
state
at
5
CFR
1320.3(
h)(
1)
that
the
definition
of
"
information"
does
not
generally
include
"
affidavits,
oaths,
affirmations,
certifications,
receipts,
changes
of
address,
consents,
or
acknowledgments;
provided
that
they
entail
no
burden
other
than
that
necessary
to
identify
the
respondent,
the
date,
the
respondent's
address,
and
the
nature
of
the
instrument."
According
to
OMB's
draft
PRA
Guidance
(
p.
24),
this
exemption
"
is
to
be
used
only
to
identify
an
individual
in
a
routine,
non­
intrusive,
non­
burdensome
way."
Thus,
requiring
the
recipient
to
display
merely
the
name
and
phone
number
of
a
contact
person
falls
outside
OMB's
definition
of
"
information"
and
therefore
does
not
require
OMB
approval
or
negate
the
exemption,
under
5
CFR
1320.3(
c)(
2),
for
the
PCB
marking
requirements.

The
second
exemption
is
that
§
761.40(
j)(
2)
allows
the
use
of
marks
other
than
that
prescribed
by
EPA
at
§
761.45
for
PCB
Transformers
(
provided,
among
other
things,
that
(
i)
those
marks
were
in
use
before
August
15,
1985,
(
ii)
before
August
15,
1985,
the
primary
fire
department
accepted
the
alternative
mark,
(
iii)
the
EPA
Regional
Administrator
(
RA)
was
informed
in
writing
of
the
alternative
mark
by
October
3,
1988,
and
(
iv)
the
EPA
RA
approved
the
alternative
mark
within
30
days
of
receipt).
This
exception
applies
only
to
the
discrete
universe
of
individuals
who
were
already
using
alternative
markings
before
August
15,
1985,
and
received
EPA's
approval
to
continue
using
it.
At
that
time,
the
PRA
did
not
apply
to
Agency
requirements
that
regulated
entities
disclose
information
to
third
parties
or
the
pubic
rather
than
to
the
Agency
itself,
Dole
v.
United
Steelworkers
of
America,
110
S.
Ct.
929,
938
(
1990),
such
as
a
requirement
to
display
a
marking
on
PCB
Transformers.

There
are
three
main
types
of
possible
violations
for
these
PCB
marking
requirements:
PCB
Transformers
with
(
1)
no
labels,
(
2)
unapproved
alternative
labels,
or
(
3)
inadequate
labels
with
missing
or
incorrect
information.
Those
persons
who
fail
to
use
any
mark
and
never
submitted
an
application
for
an
alternative,
and
those
persons
who
are
using
an
unapproved
alternative
mark,
cannot
assert
the
PRA
as
an
affirmative
defense,
because
they
are
required
to
use
the
mark
specified
in
§
761.45,
which,
according
to
5
CFR
1320.3(
c)(
2),
does
not
constitute
the
collection
of
information.

2(
b)
Use
of
the
Data
EPA
will
use
the
information
collected
by
the
40
CFR
761
requirements
to
ensure
PCBs
are
managed
in
an
environmentally
safe
manner
and
that
activities
are
being
conducted
in
­
7­
compliance
with
the
PCB
regulations.
Tables
2­
1,
2­
2,
and
2­
3
contain
information
on
the
specific
use
of
the
data
for
each
information
collection.
­
8­
TABLE
2­
1
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
40
CFR
761
Subpart
A
 
General
1
§
761.1(
f)(
1),(
2),

and
(
3)
Comply
with
reporting
requirements
of
Subpart
J
(
§
§
761.185
­
.187)
as
a
condition
to
be
exempt
from
the
manufacturing
ban
of
Subpart
B,
for
persons
who:

inadvertently
manufacture
or
import
PCBs
generated
as
unintentional
impurities
in
excluded
manufacturing
processes;
process,
distribute
in
commerce,
or
use
products
containing
PCBs
generated
in
excluded
manufacturing
processes;
or
process,
distribute
in
commerce,
or
use
products
containing
recycled
PCBs,
as
per
§
761.1(
f)(
1)
to
(
3).
Provide
means
for
Agency
to
verify
that
individuals
who
claim
manufacturing
exclusions
are
generating
only
allowed
quantities
of
PCBs
in
the
products
that
leave
their
manufacturing
sites.
Provide
data
used
to
establish
who
is
generating
new
PCBs,
where
these
PCBs
are
being
generated,
and
in
what
quantities.

Identify
sites
for
compliance
inspections
of
those
facilities
that
have
reported
unusually
high
amounts
of
PCBs
released
to
products,
air,
or
water.
Provide
quality
control
in
that
the
regulation
encourages
manufacturers
to
audit
their
operations,
quantify
their
PCB
releases,
and
maintain
their
particular
PCB
releases
within
prescribed
limits.
(
Also
see
numbers
42
&
43.)

Subpart
B
 
Use
2
§
§
761.20(
b)
and
(
c)(
1)
and
(
3)
Submit
an
exemption
petition
as
per
TSCA
Section
6(
e)(
3)

to
manufacture
(
import),
process,
or
distribute
in
commerce
(
export)
PCBs,
unless
otherwise
authorized.
Implement
statutory
mandate
that
these
activities
will
not
result
in
an
unreasonable
risk
of
injury
to
health
or
the
environment.
(
Also
see
numbers
34
and
39.)

3
§
§
761.30(
a)(
1)

(
vi),
(
vii),
and
(
xv)(
D)
Register
newly
discovered
PCB
Transformers.
(
See
Appendix
C
for
EPA
Form
7720­
12).
Provide
EPA
and
building
owners
with
key
information
about
transformer
locations.

4
§
§
761.30(
a)(
2)

(
v)(
C)
and
.30(
h)(
2)(
v)(
C)
Obtain
EPA
approval
to
use
alternate
method
for
reclassifying
transformers.
Provide
EPA
with
adequate
information
to
respond
to
request
for
relief
from
regulatory
requirement.

5
§
761.30(
i)(
1)

(
iii)(
A)(
1)
Submit
a
description,
at
the
request
of
the
Regional
Adminstrator
(
RA),
of
a
natural
gas
pipeline
system
owned
or
operated
by
a
seller
or
distributor
of
natural
gas
that
contains
>
50
ppm
PCBs.
Keep
regions
informed
of
the
operation
of
a
natural
gas
pipeline
system
that
contains
PCBs.
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
9­

6
§
761.30(
t)(
3)
Obtain
EPA
approval
for
the
use
of
PCBs
in
other
gas
or
liquid
systems.
Ensure
that
the
wide
variety
and
sometimes
rare
cases
of
PCB­
contaminated
gas
or
liquid
systems
are
identified
and
cleaned
to
<
50
ppm.

7
§
761.35(
b)
Obtain
EPA
approval
for
an
extended
storage
for
reuse
period.
Prevent
indefinite
storage
of
equipment
in
areas
not
designed,
constructed,
or
operated
in
compliance
with
toxic/
hazardous
waste
storage
requirements
(
e.
g.,

TSCA
§
761.65(
b)
or
RCRA
3004
or
3006
facilities).

Subpart
D
 
Storage
and
Disposal
8
§
761.60(
e),

(
i)(
2);
.70(
a),
(
b),

and
(
d);
.75(
b)(
7),

(
b)(
8)(
ii),
and
(
c)
Submit
permit
application
and,
when
applicable,
a
demo
plan
for
obtaining
approval
to
operate
a
PCB
disposal
facility
(
i.
e.,

alternative
method
of
disposal,
incinerator,
chemical
waste
landfill).
Submit
requests
for
approval
of
R&
D
for
PCB
disposal
for
persons
not
following
self­
implementing
requirements.
Determine
if
applications
meet
the
technical
and
operational
criteria
for
a
disposal
or
R&
D
facility
to
prevent
PCB
releases
into
the
environment.

9
§
761.60(
j)(
1)

(
i)
Notify
EPA
to
obtain
an
identification
number
for
conducting
R&
D
on
PCB
disposal
activities.
(
See
Appendix
D
for
EPA
Form
7710­
53).
Ensure
EPA
is
knowledgeable
of
PCB
R&
D
activities
(
i.
e.,
a
waste
handling
activity)
to
prevent
risk
of
injury
to
health
or
the
environment.
(
Also
see
number
44.)

10
§
761.60(
j)(
1)

(
ii)
Notify
EPA
(
as
well
as
State,
and
local)
environmental
officials
of
PCB
disposal
R&
D
activities.
Keep
relevant
regional
authorities
informed
of
PCB
waste
handling
activities
in
their
area.

11
§
761.60(
j)(
2)
Obtain
EPA's
approval
to
exceed
allowable
volume
of
PCB
material,
maximum
concentration
of
PCBs,
total
amount
of
pure
PCBs
or
duration
of
an
R&
D
activity.
Ensure
the
PCB
R&
D
disposal
activities
will
not
cause
risk
of
injury
to
health
or
the
environment.
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
10­

12
§
§
761.61(
a)

(
3)(
i)
and
(
ii)
Notify
EPA
(
as
well
as
State,
Tribal,
and
local)
officials
of
self­
implementing
remediation
activity,
including
a
summary
of
the
procedures
used
to
sample
contaminated
areas
and
sample
collection
and
analysis
data;
submit
additional
information
as
requested;
and
certify
that
records
of
remediation
activity
are
on
file
at
the
location
designated
in
the
certificate.
Allow
for
flexibility
in
self­
implementing
remediation
by
keeping
proper
authorities
informed
of
remediation
activities.

13
§
761.61(
a)(
3)

(
ii)
Notify
EPA
of
changes
to
notification
of
self­
implementing
activities.
Allow
for
flexibility
in
self­
implementing
remediation
by
keeping
proper
authorities
informed
of
remediation
activities.

14
§
761.61(
a)(
3)

(
iii)
Request
a
waiver
of
the
notification
requirement
for
conducting
cleanup
of
PCB
remediation
waste.
Allow
for
flexibility
in
self­
implementing
remediation
by
keeping
proper
authorities
informed
of
remediation
activities.

15
§
761.61(
a)(
8)

(
i)(
B)
Submit
certification
to
EPA
that
the
deed
notation
required
by
§
761.61(
a)(
8)(
i)(
A)
has
been
recorded.
Ensure
proper
notification
to
potential
land
owners
of
PCB
history
at
the
site.

16
§
761.61(
c)(
1)
Apply
for
risk­
based
disposal
of
PCB
remediation
wastes.

Submit
additional
information
as
requested
by
EPA.
Allow
EPA,
on
an
as­
requested
basis,
to
assess
proposed
disposal
option
and
ensure
that
it
will
not
present
risk
of
injury
to
health
or
the
environment.

17
§
761.62(
c)(
1)
Obtain
approval
for
risk­
based
disposal
or
storage
of
PCB
bulk
product
waste.
Provide
additional
information
and
periodic
progress
reports,
as
requested
by
EPA.
Allow
EPA,
on
an
as­
requested
basis,
to
assess
proposed
disposal
or
storage
option
and
ensure
that
it
will
not
present
a
risk
of
injury
to
health
and
the
environment.

18
§
761.65(
a)(
2)
Provide
notification
that
continuing
attempts
to
dispose
of
or
secure
disposal
for
PCB
waste
within
the
1­
year
time
frame
have
been
unsuccessful,
for
which
EPA
may
grant
an
automatic
1­
year
extension.
Show
good
faith
attempts
to
secure
disposal
of
PCB
wastes.
Allow
EPA
to
evaluate
whether
the
1­
year
time
frame
for
storage
should
be
extended
and
ensure
that
appropriate
treatment
and
disposal
options
are
being
pursued.

19
§
761.65(
a)(
3)
Submit
requests
for
additional
extensions
beyond
the
initial
1­
year
extension,
including
justification
and
information
on
measures
taken
to
secure
disposal.
Ensure
that
appropriate
treatment
and
disposal
options
are
being
pursued.
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
11­

20
§
761.65(
a)(
4)
Submit
request
for
modifications
to
TSCA
approval
to
allow
for
extended
storage
period.
Allow
EPA
to
assess
whether
a
facility
is
likely
to
present
an
unreasonable
risk
of
injury
as
a
result
of
being
granted
approval
to
extend
the
storage
timeframes
for
the
disposal
of
PCB
waste.

21
§
761.65(
c)(
6)

(
i)(
C)
Demonstrate
to
the
RA
and
other
appropriate
regulatory
authorities
(
i.
e.,
NRC,
DOE,
or
DOT),
that
the
use
of
other
containers
for
the
storage
of
liquid
and
non­
liquid
PCB/
radioactive
wastes
is
protective
of
health
and
the
environment.
Allow
flexibility
in
using
unique
container
designs
that
meet
the
criteria
for
containers
used
to
store
liquid
or
non­
liquid
PCB/
radioactive
waste.

22
§
761.65(
d);
(
e)(
1),

(
6),
and
(
8);
and
(
f)
Prepare
application
for
commercial
storage
approval,

including
qualifications
of
key
employees,
closure
plan,

and
closure
cost
estimate.
Commercial
storer
must
also
notify
EPA
of
facility
modification,
closure
schedule,
and
completion
of
closure
activities.
Allow
EPA
to
assess
operational
capabilities,
to
determine
whether
storers/

disposers
of
PCB
wastes
have
the
ability
to
close
their
facilities
in
a
safe
manner,

and
to
prohibit
intermediate
handlers
of
PCBs
who
are
financially
unable
to
close
their
facilities
from
becoming
potential
Superfund
sites.

23
§
761.65(
e)(
4)
Submit
a
written
request
to
the
RA
to
modify
a
storage
approval
to
amend
the
closure
plan,
when
there
are
changes
in
ownership,
changes
in
expected
dates
of
closure,
and/
or
unexpected
events.
Ensure
proper
management
of
storage
facilities.

24
§
761.65(
g)(
9)
Notify
issuing
authority
of
modifications
to
commercial
storage
facilities.
Ensure
financial
assurance
mechanism
is
adequately
funded.

25
§
§
761.65(
j)
Demonstrate
that
a
new
owner
of
a
commercial
storage
facility
has
established
financial
assurance
for
closure.

Submit
new
or
amended
commercial
storage
application
as
a
result
of
change
in
ownership.
Ensure
proper
management
of
storage
facilities
and
handling
of
PCB
wastes
prior
to
approving
changes
in
ownership.

26
§
§
761.70(
a)

(
8),
(
9);
and
(
d)(
5)
Obtain
approval
of
alternate
measures
when
regulatory
requirements
cannot
be
met
for
operating
a
PCB
incinerator.
Allow
EPA
to
assess
adequacy
of
alternate
procedures
for
use
at
incinerators.
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
12­

27
§
§
761.70(
d)

(
8);
761.75
(
c)
(
7)
Notify
EPA
of
change
in
ownership
of
disposal
facility
(
i.
e.,
incinerators
and
landfills).
Allow
EPA
to
determine
whether
transfer
will
present
risk
of
injury
to
health
and
environment.

28
§
§
761.71(
a)(
2)

and
(
b)(
2)
Notify
EPA
prior
to
initial
use
of
high
efficiency
boiler
to
burn
mineral
oil
dielectric
fluid.
Seek
approval
to
burn
liquids,
other
than
mineral
oil
dielectric
fluid
in
a
HEB.
Ensure
that
the
operation
of
high
efficiency
boilers
will
not
present
a
risk
of
injury
to
health
or
the
environment.

29
§
§
761.72(
c)(
2)
Notify
EPA
as
a
scrap
metal
recovery
oven
or
smelter
used
to
dispose
of
PCBs
and
comply
with
the
reporting
requirements
of
Subparts
J
and
K.
Ensure
that
the
operation
of
industrial
furnaces
will
not
present
risk
of
injury
to
health
or
the
environment.
(
Also
see
number44.)

30
§
761.72(
c)(
3)
Submit
written
request
to
RA
based
on
site­
specific
risk
assessments,
in
lieu
of
meeting
requirements
listed
in
§
761.72.
Allow
EPA
to
assess
whether
scrap
metal
recovery
oven
and/
or
smelter
operation
will
present
risk
of
injury
to
health
or
the
environment.

31
§
§
761.77(
a)

(
1)(
i),(
a)(
1)(
ii)(
A)

(
1)
and
(
C),
and
.77(
a)(
2)
Submit
a
notification
to
the
RA
for
coordinated
approval
and
additional
information,
as
requested
by
EPA.
Submit
an
application
for
TSCA
disposal
approval,
if
the
RA
denies
the
request
for
a
coordinated
approval
or
determines
that
the
conditions
of
the
coordinated
approval
are
not
being
met.
Allow
EPA
to
assess
whether
facilities
seeking
coordinated
approval
properly
manage
PCB
wastes
and
recognize
the
Federal
or
State
waste
management
documents
governing
the
properly
managed
facilities,
thus
contributing
to
more
efficient
use
of
limited
resources.

32
§
761.77(
a)(
3)
Notify
EPA
of
changes
in
waste
management
requirements
in
the
non­
TSCA
waste
management
document
used
to
obtain
TSCA
PCB
coordinated
approvals.
Ensure
the
proper
handling
of
PCB
wastes.

33
§
§
761.79(
h)
Submit
requests
for
approvals
of
alternative
decontamination
or
sampling
methods,
for
any
person
decontaminating
porous
surfaces
other
than
concrete,
as
per
paragraph
(
b)(
4),
or
non­
porous
surfaces
covered
with
a
porous
surface,
as
per
paragraph
(
b)(
3)
or
(
c)(
6),
and/
or
by
using
a
self­
implementing
procedures
other
than
prescribed
in
paragraph
(
c).
EPA
may
request
additional
information.
Allow
EPA,
on
an
as­
requested
basis,
to
ensure
that
decontamination
methods
will
not
pose
risk
of
injury
to
health
or
the
environment.
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
13­

Subpart
E
 
Exemptions
34
§
§
761.80(
e)(
1)

and
(
i)(
1)
Submit
petition
to
qualify
for
the
class
exemptions
for
manufacturing
PCBs
for
disposal
R&
D
and
for
the
manufacture,
import,
processing,
distribution,
and
export
of
PCBs
and
analytical
reference
samples
derived
from
PCB
waste
for
R&
D.
Allow
EPA,
on
an
as­
requested
basis,
to
assess
whether
a
facility
meets
the
criteria
for
being
granted
an
exemption.
Minimize
negative
impacts
from
the
relatively
time­
consuming
statutory
process
for
individual
companies
seeking
an
exemption
from
the
prohibition
on
manufacturing,
processing,
and
distributing
in
commerce
of
PCBs.
[
Statutory
requirement]
(
Also
see
numbers
2
and
39).

35
§
761.80(
e),
(
i)(
2)

and
(
n)
Submit
requests
for
renewal
of
the
class
exemptions.
Allow
EPA,
on
an
as­
requested
basis,
to
ensure
that
facility
operations
will
not
pose
risk
of
injury
to
health
or
the
environment.

36
§
§
761.80(
e)

(
3),
(
g)(
2),
and
(
i)(
4)
Obtain
approval
from
EPA
to
exceed
limits
of
the
exemption.
Allow
EPA,
on
an
as­
requested
basis,
to
ensure
that
facility
operations
will
not
pose
risk
of
injury
to
health
or
the
environment.

37
§
761.80(
e)(
4)
Notify
EPA
before
beginning
R&
D
activities
that
include
the
manufacture
of
PCBs.
Ensure
that
facility
operation
will
not
pose
risk
of
injury
to
health
or
the
environment.

38
§
761.80(
n)
Submit
a
petition
for
certain
exemptions
to
address
increases
in
the
amount
of
PCBs
to
be
processed
and
distributed,
imported
(
manufactured),
or
exported,
or
changes
in
the
manner
of
processing
and
distributing,

importing
(
manufacturing),
or
exporting
PCBs.
Allow
EPA,
on
an
as­
requested
basis,
to
ensure
that
facility
operations
will
not
pose
risk
of
injury
to
health
or
the
environment.

Subpart
F
 
Transboundary
Shipments
of
PCBs
for
Disposal
39
§
§
761.93(
a)

and
.97(
a)
Submit
an
exemption
petition
as
per
TSCA
Section
6(
e)(
3)

to
import
PCBs
or
PCB
Items
for
disposal.
Allow
EPA,
on
an
as­
requested
basis,
to
ensure
that
the
import
and
export
of
PCBs
and
PCB
Items
will
not
pose
a
risk
of
injury
to
health
or
the
environment.

[
Required
by
Statute.]
(
See
number
2.)
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
14­

Subpart
G
 
PCB
Spill
Cleanup
Policy
40
§
761.125(
a)(
1)
(
i)

to
(
iii)
Report
certain
spills
of
PCBs
to
EPA.
Request
guidance
from
the
RA
in
completing
statistical
sampling
of
the
spill
area
to
establish
spill
boundaries,
where
there
are
no
visible
traces
of
contamination.
Make
reporting
consistent
with
CERCLA
requirements
and
facilitate
cleanup
of
PCBs,
to
prevent
exposure
to
PCBs.

Subpart
J
 
General
Records
and
Reports
41
§
§
761.180(
b)

(
3)
and
(
c)(
5)
Submit
annual
reports
for
the
operation
of
PCB
incinerators,

chemical
waste
landfills,
high
efficiency
boilers,
and
commercial
storage
facilities,
including
facilities
that
dispose
of
the
PCB
wastes
they
generate.
Report
suspension
of
operations.
Fill
gaps
in
EPA's
knowledge
of
how
PCB
wastes
are
being
handled
and
allow
the
Agency
to
respond
to
public
and
Congressional
inquiries.
Enable
EPA
to
more
effectively
target
disposal
facilities
for
inspection
and
compliance
monitoring.

41a
§
761.180(
g)
Provide
records
pertaining
to
the
reclassification
of
PCB
equipment,
if
requested
by
EPA.
Address
EPA's
concerns
regarding
reclassification
procedures
and
results
for
the
specified
equipment.
(
Also
see
number
68a.)

42
§
§
761.185
Notify
EPA
and
certify
low
level
PCB
product
contamination
to
be
exempt
from
the
requirements
of
Subpart
B,
regarding
processes
inadvertently
generating
PCBs
and
imports
of
products
containing
inadvertently
generated
PCBs.
Certification
must
be
repeated
if
the
previous
certification
is
no
longer
valid.
Ensure
products
do
not
reach
U.
S.
markets
with
unacceptably
high
levels
of
PCBs.

43
§
761.187
Notify
EPA
when
PCB
releases
exceed
limits,
to
be
exempt
from
the
requirements
of
Subpart
B,
for
products,

manufactured
or
imported
with
inadvertently
generated
PCBs.
Ensure
that
facility
operations
will
not
pose
risk
of
injury
to
health/
environment.

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
TABLE
2­
1,
continued
REPORTING
REQUIREMENTS
UNDER
TSCA
SECTION
6(
e),
40
CFR
761
AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
15­

44
§
§
761.202(
a)
;

205(
a)
to
(
c)
Notify
EPA
of
waste
handling
activities,
for
generators,

commercial
storers,
transporters,
or
disposers
of
PCB
waste.
Inform
EPA
of
generators,
storers,
transporters,
and
disposers
of
PCB
waste
so
that
the
Agency
can
ensure
compliance
with
applicable
regulations.

45
§
761.205(
f)
Report
changes
in
notifications
previously
submitted
by
PCB
waste
handlers
(
i.
e.,
amended
notification).
Ensure
that
PCB
waste
handlers
are
operating
within
the
proper
criteria.

46
§
§
761.208(
a)

(
4)
and
.215(
b)

to
(
d)
Submit
Exception
Reports
to
EPA
when
PCB
waste
generators,
disposers,
and/
or
commercial
storers
do
not
receive
confirmation
that
a
shipment
of
a
PCB
waste
has
been
properly
disposed
of.
Track
the
movement
of
PCB
waste
to
ensure
they
arrive
at
intended
storage
or
disposal
site.

47
§
761.210(
b)
Submit
Discrepancy
Reports
and
copies
of
manifests
to
EPA
when
the
PCB
waste
received
by
a
disposer
is
significantly
different
from
the
description
on
the
manifest
that
accompanies
it,
and
the
discrepancy
is
not
resolved
within
15
days
after
receiving
the
PCB
waste.
Enable
EPA
to
investigate
potential
violations
and
prevent
further
environmental
contamination.
Target
companies
for
inspection.

48
§
§
761.211(
b)
Notify
RA
of
unmanifested
PCB
waste,
for
owners/
operators
of
commercial
storage
facilities
who
cannot
contact
the
generator
of
the
PCB
waste.
Enable
EPA
to
investigate
potential
violations
and
prevent
further
environmental
contamination.
Target
companies
for
inspection.

49
§
761.211(
c)
Submit
Unmanifested
Waste
Reports
(
e.
g.,
waste
description,
volume,
disposition;
date
received;
ID
numbers
of
waste
handlers
for
that
waste)
to
EPA
when
disposers
accept
a
shipment
of
PCB
waste
without
an
accompanying
manifest.
Enable
EPA
to
investigate
potential
violations
and
prevent
further
environmental
contamination.
Target
companies
for
inspection.

Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
under
§
761.79(
d)(
4)

50
§
§
761.395
and
398(
a)
Submit
results
of
analysis
and
validation
study
to
the
Director,
National
Program
Chemicals
Division
(
NPCD).
Allow
EPA
to
confirm
and
publish
findings
in
the
Federal
Register
of
new
decontamination
procedures.
­
16­
TABLE
2­
2
THIRD­
PARTY
NOTIFICATION
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
40
CFR
761
Subpart
B
 
Use
51
§
§
761.20(
e)(
3)

(
ii);.
30(
i)(
5)

(
ii);
and
.60(
b)

(
5)(
iv)(
B)
Burner
of
used
oil
must
provide
a
1­
time
certification
to
the
marketer
that
he
is
in
compliance
with
notification
requirement
at
§
761.71(
a)(
2).
Limits
distribution
of
used
oil
containing
PCBs
to
authorized
burners.

52
§
§
761.30(
a)

(
1)(
xi)
and
(
xv)(
A);

30(
h)(
1)

(
ii)(
B)
Report
PCB
Transformers
and
Voltage
Regulator
fire
incidents
to
the
NRC.
Provide
Federal
officials
with
notice
of
individual
and
the
environmental
exposure
to
PCBs.

53
§
761.30(
a)(
1)

(
xiv)
Notify
owner
of
PCB
Transformer
that
equipment
may
pose
risk
of
exposure
to
food
or
feed.
Allow
determination
to
be
made
regarding
risk
of
exposure
to
food
and
feed.

54
§
761.30(
a)(
1)

(
xv)(
D)
Register
PCB
Transformers
with
the
building
owner
within
30
days
of
discovery
Provide
local
notice
of
the
existence
of
PCBs.

Subpart
D
 
Storage
and
Disposal
55
§
761.60(
a)(
3)

(
ii)
Provide
information
to
chemical
waste
landfills
that
liquids
do
not
exceed
500
ppm
and
are
not
ignitable.
Prevent
release
of
PCBs
and
provide
flexibility
in
disposal
options
for
incidental
liquids,
making
the
rule
consistent
with
RCRA
land
ban
restrictions.

56
§
761.60(
b)(
5)

(
i)(
A)(
1)
Include
abandoned
natural
gas
pipes
that
contain
PCBs
in
public
service
notification
programs.
Prevent
exposure
to
PCBs.
TABLE
2­
2,
continued
THIRD­
PARTY
NOTIFICATION
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
17­

57
§
761.60(
f)(
1)

(
i)
Provide
State
and
local
officials
with
notification
prior
to
the
first
use
of
an
approved
chemical
waste
landfill,

incinerator,
or
alternate
PCB
disposal
technology.
Inform
relevant
authorities
of
the
operation
of
a
PCB
disposal
facility
in
their
region.

58
§
761.60(
f)(
1)

(
ii)
Provide
annual
notice
of
the
quantities
and
general
description
of
the
PCBs
disposed
of
during
the
year,
at
the
request
of
any
State
or
local
government.
Keep
relevant
authorities
informed
of
PCB
activities
in
their
region.

59
§
761.60(
j)(
1)

(
ii)
Notify
State,
and
local
environmental
officials
(
as
well
as
EPA)
of
PCB
disposal
R&
D
activities.
Keep
relevant
regional
authorities
informed
of
PCB
waste
handling
activities
in
their
area.

60
§
761.60(
j)(
1)

(
vii)
Manifest,
pursuant
to
Subpart
K,
all
PCB
wastes
that
are
generated
by
R&
D
on
PCB
disposal
and
transported
from
the
R&
D
facility
to
a
commercial
storage
or
disposal
facility,
unless
the
residuals
or
unused
samples
are
returned
to
the
site
of
generation.
Ensure
proper
handling
and
disposal
of
PCB
wastes.

61
§
§
761.61(
a)

(
3)(
i)
Notify
State,
and
local
environmental
officials
(
as
well
as
EPA)
of
self­
implementing
remediation
activity.
Allow
for
flexibility
in
self­
implementing
remediation
by
keeping
proper
authorities
informed
of
remediation
activities.

62
§
761.61(
a)(
5)

(
i)(
B)(
2)(
iv)
Notify
offsite
non­
TSCA
facility
of
pending
shipment
of
remediation
waste.
Ensure
proper
handling
of
PCB
wastes.

63
§
761.61(
a)(
8)

(
i)(
A)
Attach
a
notation
to
the
deed
for
property
at
which
remediation
projects
require
a
permanent
fence
or
cap.
Ensure
potential
buyer
is
aware
property
is
site
of
PCB
remediation.
TABLE
2­
2,
continued
THIRD­
PARTY
NOTIFICATION
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
18­

64
§
§
761.62(
b)

(
4)(
i)
and
(
ii)
Provide
notification
to
a
receiving
facility
that
does
not
have
a
commercial
PCB
storage
or
disposal
approval
before
the
first
shipment
of
a
PCB
bulk
product
waste
stream.
In
addition,
for
certain
waste
this
notice
must
be
provided
with
each
shipment
thereafter.
Ensure
proper
storage
and
disposal
for
PCB
bulk
product
waste.
(
See
also
§
§
761.357
and
761.359.)

65
§
761.65(
c)(
1)

and
(
8)
Attach
a
notation
to
a
PCB
Item
or
PCB
Container
containing
the
item
indicating
the
date
the
Item
was
removed
from
service.
Facilitate
the
proper
storage
and
disposal
of
PCB
Items
and
Containers.

66
§
761.65(
i)(
3)
Send
information
regarding
the
sample
collector,
the
lab,
date
of
shipment,
quantity,
and
description
of
sample,
when
sending
PCB
samples
to
a
laboratory
for
testing.
Inform
workers
of
appropriate
contact
information
to
ensure
proper
handling
of
PCBs.

Subpart
G
 
PCB
Spill
Cleanup
Policy
67
§
761.125(
a)(
1)
Report
certain
spills
of
PCBs
to
the
NRC.
Make
reporting
consistent
with
CERCLA
requirements
and
facilitate
cleanup
of
PCBs,
to
prevent
exposure
to
PCBs.

68
§
761.125(
c)

(
2)(
ii)
Place
label
or
notice
of
PCB
contamination
at
cleanup
site.
Inform
personnel
of
presence
of
low
level
PCB
contamination.

Subpart
J
 
General
Records
and
Reports
68a
§
761.180(
g)
Provide
records
pertaining
to
the
reclassification
of
PCB
equipment,
if
requested
by
recipients
of
equipment.
Address
recipient's
concerns
regarding
liability
for
improper
reclassification.
(
Also
see
number
41a.)
TABLE
2­
2,
continued
THIRD­
PARTY
NOTIFICATION
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
COLLECTED
DATA:
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
19­

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
69
§
§
761.207(
a)

and
.208(
a)(
2)

and
(
3)
Prepare
manifests
and
provide
generator­
initiated
manifests
of
PCB
waste
to
each
transporter
or
designated
commercial
storage
or
disposal
facility.
Ensure
proper
tracking
of
PCB
waste
shipments.

70
§
§
761.208(
c)

(
1)(
iv)
and
(
c)(
2)(
iv)
Storer
or
disposer
send
a
copy
of
the
manifest
or
shipping
paper
to
the
generator.
Ensure
proper
tracking
of
PCB
waste
shipments.

71
§
§
761.218(
a)

and
(
b)
Send
Certificates
of
Disposal
to
generators
of
PCB
waste
when
disposal
of
each
item
is
complete
for
a
manifested
PCB
waste
shipment.
Enable
generators
to
confirm
that
each
PCB
Item
in
a
shipment
has
been
disposed
of
legally.
Assure
generator
that
the
PCB
waste
has
been
disposed
of
and
is
in
the
final
step
of
the
cradle­
to­
grave
monitoring
of
PCB
waste.
­
20­
TABLE
2­
3
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
40
CFR
761
Subpart
A
 
General
72
§
761.1(
f)
Comply
with
recordkeeping
requirements
of
Subpart
J
(
§
761.185
­
.193)
as
a
condition
of
the
exclusion
from
the
manufacturing,
processing,
distribution
in
commerce,
and
use
bans
of
Subpart
B,
for
persons
who
inadvertently
manufacture
or
import
PCBs
generated
as
unintentional
impurities
in
excluded
manufacturing
processes,
or
generate
PCBs
in
excluded
manufacturing
process
or
products
with
recycled
PCBs,
as
defined
in
§
761.3.
Provide
quality
control
that
encourages
manufacturers
to
audit
their
operations,
to
quantify
their
PCB
releases,
and
to
maintain
their
particular
PCB
releases
within
the
limits
that
will
assure
that
they
have
generated
only
trace
amounts
of
PCBs.
(
See
number100.)

Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
73
§
§
761.20(
e)

(
4)(
i)
and
(
ii);

.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)

(
B)
Marketer
who
first
claims
used
oil
does
not
contain
detectable
PCBs
must
retain
records
supporting
the
claim
and
a
copy
of
each
certification
notice
received
or
prepared
relating
to
transactions
involving
PCBcontaining
used
oil.
Burners
must
include
among
the
records
a
copy
of
each
certification
notice
that
has
been
provided
to
a
marketer
of
PCB­
containing
used
oil.
Allow
EPA
to
verify
compliance
with
the
used
oil
provisions.

74
§
§
761.30(
a)(
1)

(
xii)
and
(
xiv)
Maintain
records
of
inspection
and
maintenance
history
for
at
least
3
years
after
the
disposal
of
a
PCB
Transformer,
including
records
of
registration,
as
per
§
761.30(
a)(
1)(
vi)(
C).
Allow
EPA
to
verify
compliance
with
the
regulations
and
that
PCB
equipment
was
registered.
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
21­

75
§
§
761.30(
a)

(
2)(
v)(
C)
and
(
D);
761.30(
h)(
2)

()(
C)
and
(
D);

and
761.180(
g)
Maintain
records
at
the
facility
where
PCB
electrical
equipment
(
i.
e.,
transformers,
voltage
regulators,

electromagnets,
switches)
has
been
reclassified
to
a
lower
PCB
concentration.
Assist
EPA
in
tracking
the
ultimate
disposition
of
PCB
equipment.

76
§
§
761.30(
i)(
1)

(
iii)(
B)
and
(
C).
Keep
records
of
data
collected
on
natural
gas
pipeline
systems
that
do
not
include
sources
of
PCB
contamination
(
e.
g.,
natural
gas
compressors,
natural
gas
scrubbers,
and
natural
gas
filters)
but
contain

50
ppm
PCB.
Retain
data
and
records
of
actions
taken
to
reduce
PCB
contamination
by
owners
or
operators
of
natural
gas
pipeline
systems.
Be
able
to
demonstrate
the
reduction
of
PCB
levels
in
a
natural
gas
pipeline
system.

77
§
761.35(
a)(
2)
Keep
records
of
equipment
stored
for
reuse.
Ensure
the
proper
handling
of
equipment
stored
for
reuse.

Subpart
C
 
Marking
of
PCBs
and
PCB
Items
78
§
761.40(
c)(
2)

(
ii)
and
(
k)
Keep
records
of
the
protected
location
of
PCB
Large
Low
and
High
Voltage
Capacitors,
in
lieu
of
marking.
Have
information
available
for
preventing
exposure
to
PCBs
and
allow
flexibility
in
compliance
with
marking
requirement.

Subpart
D
 
Storage
and
Disposal
79
§
761.60(
j)(
1)

(
ix)
Keep
records
of
R&
D
for
disposal
activities.
Have
information
ensuring
the
proper
management
of
R&
D
for
disposal
activities.
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
22­

80
§
§
761.61(
a)

(
3)(
i)(
E);
and
(
a)(
6)
Retain
records
of
the
sampling
plans,
sample
collection
procedures,
sample
preparation
procedures,

extraction
procedures,
and
instrumental/
chemical
analysis
procedures
used
to
assess
or
characterize
the
PCB
contamination
at
the
cleanup
site,
and
certification
that
these
records
are
on
file
at
the
location
designated
in
the
certificate.
Keep
records
of
comparison
studies
for
any
alternate
method
used
that
meet
or
exceed
the
requirements
of
§
761.326.
Keep
records
of
sampling
and
sample
analysis
to
verify
cleanup
and
on­
site
disposal
of
bulk
PCB
remediation
wastes
and
porous
surfaces,
as
per
Subpart
O,

§
761.295.
Allow
EPA
inspectors
to
ensure
the
proper
operation
of
PCB
remediation
activities.
(
See
also
§
§
761.295.)

81
§
761.61(
a)(
3)

(
iii)
Retain
the
original
written
waiver
of
the
30­
day
notification
requirement
for
conducting
a
cleanup
activity
of
PCB
remediation
waste.
Allow
EPA
to
track
administrative
decisions
regarding
self­
implementing
remediation
projects.

82
§
761.61(
a)(
9)
Keep
records
in
accordance
with
§
761.125(
c)(
5)
for
(
a)(
3),
(
a)(
4),
and
(
a)(
5)
of
this
part.
Ensure
that
a
remediation
site
has
been
properly
decontaminated.
(
See
number
97.)

83
§
761.62(
b)(
5)
Maintain
a
written
record
of
all
sampling
and
analysis
of
PCBs
or
notifications
made
under
this
part
for
3
years
from
the
date
of
its
creation
and
make
available
to
EPA
upon
request.
Allow
EPA
to
assess
whether
PCB
bulk
product
wastes
are
properly
handled.

84
§
§
761.65(
a)

(
2)(
ii)
and
(
a)(
3)
Keep
a
written
record
of
attempts
to
secure
disposal
capacity.
If
requested,
keep
records
of
PCB
wastes
stored
beyond
the
1­
year
storage
extension.
Ensure
that
PCB
wastes
stored
beyond
the
1­
year
storage
extension
do
not
pose
unreasonable
risk
of
injury
to
health
and
the
environment.
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
23­

85
§
761.65(
c)(
1)

(
iv)
Prepare/
modify
Spill
Prevention,
Control,
and
Countermeasure
Plans
to
address
liquid
PCBs
>
500
ppm,
to
be
able
to
temporarily
store
PCB
Containers
containing
liquid
PCBs
in
areas
that
do
not
comply
with
the
storage
requirements
of
§
761.65.
Ensure
that
adequate
remediation
measures
have
been
defined
and
can
be
taken
to
avoid
exposure
to
PCBs
in
the
event
of
a
PCB
spill.

86
§
761.65(
c)(
7)

(
ii)
Prepare
a
Spill
Prevention,
Control,
and
Countermeasure
Plan
(
SPCC)
when
using
large
stationary
storage
containers,
as
per
29
CFR
1910.106,

for
liquid
PCBs.
Ensure
that
adequate
remediation
measures
have
been
defined
and
can
be
taken
to
avoid
exposure
to
PCBs
in
the
event
of
a
PCB
spill.

87
§
761.65(
c)(
8)
Keep
records
of
the
quantity
and
the
date
of
each
batch
added
to
the
stationary
storage
container.
Allow
EPA
to
monitor
content
of
stationery
storage
containers.

88
§
§
761.65(
c)

(
10)
Establish
and
maintain
records
as
per
§
761.180
for
the
storage
and
disposal
of
PCBs
and
PCB
Items

50
ppm.
Allow
EPA
to
assess
whether
PCBs
and
PCB
Items
are
being
properly
stored
for
disposal.
(
See
number
99)

89
§
§
761.70(
a)

(
3),
(
4)
and
(
7);

(
c);
and
761.180(
c)
Maintain
for
incinerators
records
of
quantities,
feed
rates,
temperatures,
combustion
products,
and
operations,
and
special
records,
as
per
§
761.180(
c);

retain
records
for
5
years.
Allow
monitoring
of
incinerator
operations.

90
§
§
761.71(
a)

(
1)(
vi)
and
(
vii),

(
a)(
4),
(
b)(
1)(

vivii
and
(
b)(
5);

and
.180(
e)
Record
feed
rate,
carbon
dioxide
emissions,
the
quantity
of
low
concentration
PCB
liquid
burned
in
a
high
efficiency
boiler
each
month,
and
the
analysis
of
the
waste
burned
in
high
efficiency
boilers
and
retain
the
records
for
5
years.
Allow
EPA
to
assess
whether
a
high
efficiency
boiler
has
operated
according
to
the
required
specifications.
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
24­

91
§
761.72(
a)(
9)

and
(
b)(
6)
Record
and
retain
records
of
temperature
readings
from
scrap
metal
recovery
ovens.
Allow
EPA
to
assess
whether
scrap
metal
recovery
ovens
and
smelters
are
operated
according
to
the
required
specifications.

92
§
§
761.75(
b)

(
6)(
iii)
and
(
b)(
8)(
iv);

761.180(
d)
Maintain
records
for
all
PCB
disposal
operations
at
chemical
waste
landfills,
including
PCB
concentration
in
liquid
wastes,
the
three­
dimensional
burial
coordinates
for
PCBs
and
PCB
Items,
water
sampling
and
analysis,
and
additional
records
as
required
in
§
761.180;
retain
records
for
at
least
20
years
after
the
facility
ceases
disposal
operations.
Allow
EPA
to
assess
whether
disposal
facilities
are
operating
in
compliance
with
regulatory
requirements.

93
§
761.79(
d)(
4)

and
Subpart
T
Retain
test/
validation
results
of
performance­
based
organic
decontamination
fluids
(
PODFs)
and
verified
aqueous
decontamination
fluids
(
VADFs).
Allow
EPA
to
ensure
that
a
decontamination
activity
used
proper
decontamination
fluids.

94
§
§
761.79(
f)(
1)

and
(
2)
Keep
records
for
3
years
of
confirmatory
sampling
and
sampling
locations/
results
for
decontamination
activities
and
compliance
with
self­
implementing
procedures.
Allow
EPA
to
assess
whether
a
decontamination
activity
was
properly
implemented.

Subpart
E
 
Exemptions
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
25­

95
§
§
761.80(
e)
(
5)

and
(
i)(
7)
Keep
records
of
activities
associated
with
manufacture/
processing/
distribution
in
commerce
of
PCBs
or
PCB
reference
samples
derived
from
waste
materials
for
R&
D;
retain
records
for
3
years
after
operations
cease.
Ensure
accountability
for
PCB
activities
otherwise
banned
by
statute.

96
§
761.80(
g)(
1)
Keep
records
of
activities
associated
with
the
processing
and
distribution
in
commerce
of
small
quantities
of
PCBs
for
R&
D.
Ensure
accountability
for
PCB
activities
otherwise
banned
by
statute.

Subpart
G
 
PCB
Spill
Cleanup
Policy
97
§
§
761.125(
b)

(
3)
and
(
c)(
5);

.61(
a)(
9)
Maintain
records
of
cleanup
and
certification
of
decontamination
for
5
years,
for
low­
and
highconcentration
spills.
Allow
EPA
to
assess
compliance
with
requirements
and
pursue
enforcement
actions,
when
appropriate.

98
§
761.125(
c)

(
1)
Maintain
records
documenting
delay
in
spill
cleanup
activities
and
areas
of
visible
contamination.
Allow
EPA
to
assess
compliance
with
requirements
and
pursue
enforcement
action,
when
appropriate.

Subpart
J
 
General
Records
and
Reports
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
26­

99
§
§
761.180(
a),

(
a)(
4),
(
b)
and
(
f);
761.65(
c)
(
5)
Maintain
annual
records
and
written
annual
document
log
for
PCBs
and
PCB
Items
for
3
years
after
facility
ceases
PCB
activities,
including
signed
manifests,

Certificates
of
Disposal,
records
of
inspections
and
cleanups,
facility
and
Item
identification
information,

total
number
of
Items,
telephone
records,
and
PCB
Item
transfer
information.
Collect
and
maintain
documents,
correspondence
and
data
pertaining
to
storage/
disposal
of
PCBs
that
have
been
provided
to
as
well
as
received
from
any
State
or
local
government
agency
and
any
application/
correspondence
submitted
to
local,
State,
or
Federal
permitting
authorities.
Allow
EPA
to
assess
compliance
with
requirements
and
pursue
enforcement
action,
when
appropriate.

100
§
§
761.185(
c)

(
2),
(
d)
and
.193
(
a)
and
(
b)
Maintain
theoretical
analysis
or
monitoring
records
by
persons
who
import,
manufacture,
process,
distribute
in
commerce,
or
use
products
containing
inadvertently
generated
or
recycled
PCBs,
pursuant
to
§
761.1(
f)(
1)

to
(
3).
Maintain
letter
certifying
compliance
with
§
761.1(
f),
for
excluded
manufacturing
processes.
Allow
EPA
to
ensure
the
proper
management
of
PCB
activities.

101
§
§
761.208
and
761.209
File
and
maintain
manifests
initiated
or
received
by
a
PCB
waste
handling
facility
(
i.
e.,
generators,

transporters,
commercial
storers
and
disposers)
and
maintain
records
of
all
telephone
and
other
conversations
regarding
manifest
communications,

which
are
to
be
included
in
the
annual
log
in
accordance
with
§
761.180.
Provide
a
record
of
the
fate
of
each
waste
shipment
sent
to
a
disposal
site,

allowing
EPA
to
determine
if
a
waste
had
been
properly
or
improperly
disposed.
TABLE
2­
3,
continued
RECORDKEEPING
REQUIREMENTS
AUTHORIZED
UNDER
TSCA
SECTION
6(
e)

AND
USE
OF
THE
DATA:
FOR
ICR
PART
A,
SECTIONS
2(
a)
and
2(
b)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
2(
b)
Use
of
Collected
Information
­
27­

102
§
761.218(
c)
Maintain
a
copy
of
each
Certificate
of
Disposal
received
from
disposers,
for
generators
and
commercial
storers
of
PCB
waste.
Provide
a
record
of
the
disposal
of
a
waste
shipment,
allowing
EPA
to
determine
if
a
waste
has
been
properly
or
improperly
disposed.

Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
under
§
761.79(
d)(
4)

103
§
761.398(
c)
Record
testing
parameters
and
experimental
conditions
in
standard
operating
procedures
(
SOP).
Results
of
validation
study
are
to
be
affixed
as
an
appendix.
Allow
EPA
to
assess
compliance
with
requirements
and
pursue
enforcement
action,
when
appropriate.
­
28­
3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
TSCA
Section
6(
e)
assigns
the
responsibility
for
regulating
the
manufacture,
processing,
distribution
in
commerce,
use,
storage,
and
disposal
of
PCBs
to
the
EPA
administrator.
All
of
the
information
requested
under
this
ICR
is
required
by
the
statute
and
the
implementing
regulations
at
40
CFR
761
and
is
not
available
from
other
sources.
The
information
collection
requirements
addressed
in
these
ICRs
are
not
duplicative
of
any
other
Federal
agency
legislation.
No
other
Federal
agency
requires
respondents
to
report
or
maintain
information
on
the
manufacturing,
processing,
or
distribution
in
commerce
of
PCBs.

For
example,
the
notification
and
recordkeeping
requirements
of
§
§
761.185,
761.187,
and
761.193
comprise
the
sole
source
of
information
EPA
relies
on
to
identify
the
manufacturing
sites
that
inadvertently
manufacture
PCBs
and
to
verify
that
the
members
who
have
certified
their
eligibility
for
the
exclusion
are
not
exceeding
the
prescribed
limits
on
PCB
releases.
Over
time,
reviewers
of
the
PCB
ICRs
have
suggested
that
the
TSCA
PCB
requirements
are
duplicative
of
TSCA
inventory
Form
U
reports,
EPCRA
Tier
I
and
II
reports,
and
Customs
records
that
presumably
could
be
used
by
EPA
to
identify
a
product's
PCB
concentration
(
§
§
761.185
and
.187);
that
RCRA,
CWA,
CAA,
and
CERCLA
could
be
used
by
EPA
to
address
air
and
water
emissions
and
process
waste
concerns
(
§
761.187);
and
that
EPCRA
reporting
requirements
could
be
used
by
EPA
to
identify
locations
of
PCB
Transformers
and
PCB
releases
(
§
§
761.30(
a)(
1)
and
.187).
However,
none
of
these
requirements
begin
to
address
the
concerns
that
are
being
tracked
under
the
TSCA
PCB
regulations.
For
example,
Customs
records
collect
information
on
importation
(
i.
e.,
chemical
products,
points
of
entry,
and
quantities,
not
products
with
de
minimis
levels
of
PCBs).
The
EPCRA
and
TSCA
inventory
reports
do
not
gather
information
at
the
levels
that
would
be
useful
under
the
PCB
regulations
Finally,
the
RCRA,
CWA,
CAA,
and
CERCLA
provisions
cannot
be
used
to
monitor
PCB
concentrations
in
consumer
products
or
to
prescribe
disposal
procedures
for
PCBs.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
June
29,
2004
(
69
FR
23747,
April
30,
2004).
EPA
received
one
set
of
written
comments,
from
the
Utility
Solid
Waste
Activities
Group
(
USWAG).
The
supporting
statement
has
been
updated
to
incorporate
USWAG's
comments
where
appropriate
throughout
the
document:
Section
5(
a)
 
the
discussion
of
the
PCB
Transformer
Database
has
been
expanded
to
explain
how
EPA
addresses
requests
for
modifications;
Section
5(
c)
 
the
impact
on
small
entities,
especially
small
utility
PCB
Transformer
owners,
has
been
explained
in
more
detail;
and
Table
6­
1,
#
7
 
the
time
estimate
for
preparing
storage­
for­
reuse
variance
requests
has
been
doubled
to
more
accurately
reflect
the
true
burden.
A
copy
of
the
comment
is
included
as
Attachment
F
to
the
ICR.
­
29­
3(
c)
Consultations
On
numerous
occasions
during
the
course
of
regulating
PCBs,
the
Agency
has
consulted
with
the
regulated
community
and
the
public.
These
consultations
have
been
held
directly
with
industry
officials
and,
on
an
ongoing
basis,
with
owners
and
operators
of
regulated
facilities,
during
EPA
enforcement
activities
and
facility
inspections.
For
example,
when
developing
the
rules
pertaining
to
PCB
Transformer
use,
EPA
consulted
with
the
Department
of
Agriculture,
U.
S.
Department
of
Health
and
Human
Services,
and
the
Small
Business
Administration.
To
obtain
information
on
the
numbers
of
transformers
subject
to
the
requirements,
EPA
consulted
with
the
Edison
Electric
Institute,
Equitable
Life
Assurance,
and
the
Building
Owners
and
Managers
Association.
As
a
result
of
the
promulgated
Electrical
Equipment
Use
Rule,
EPA
has
consulted
with
various
organizations
and
agencies
on
an
ongoing
basis.
EPA
also
meets
annually
with
representatives
from
more
than
50
utilities
and
electric
cooperatives
who
have
verified
the
burden
estimates
related
to
inspection
recordkeeping
requirements
for
PCB
Transformers.

For
the
Final
PCB
Disposal
Rule
promulgated
June
29,
1998
(
63
FR
35384),
the
Agency
consulted
with
the
regulated
community
and
the
public
on
all
aspects
of
the
rulemaking.
In
addition,
informal
meetings
were
held
with
the
American
Gas
Association
(
AGA),
Interstate
Natural
Gas
Association
of
America
(
INGAA),
Utilities
Solid
Waste
Activities
Group
(
USWAG),
and
the
Environmental
Technology
Council
(
ETC).
Interagency
meetings
conducted
jointly
by
OMB
and
EPA
regarding
the
provisions
of
this
rule
were
attended
by
several
Federal
agencies,
including
the
Department
of
Defense
(
DOD),
the
Department
of
Energy
(
DOE),
the
Department
of
Transportation
(
DOT),
and
the
Tennessee
Valley
Authority
(
TVA).

For
this
Consolidated
ICR
renewal,
a
small­
scale
data
gathering
effort
was
conducted
to
update
burdens,
costs,
and
numbers
of
respondents
for
the
information
collection
requirements.
Nine
or
fewer
organizations,
associations,
or
individuals
were
contacted
for
this
effort
per
unique
requirement,
including
representatives
from
the
natural
gas
industry
and
electric
utilities.
These
contacts
were:

Pamela
Lacey,
PCB
Coordinator
American
Gas
Association
Washington,
D.
C.
202­
824­
7000
Mary
Davis,
USWAG
PCB
Committee
Chair
American
Electric
Power
Shrevesport,
LA
318­
673­
2744
Tim
Orton,
Environmental
Manager
EnviroCare
Salt
Lake
City,
UT
801­
532­
1330
­
30­
This
effort
also
involved
gathering
information
about
the
number
of
notifications
the
Agency
has
received
over
the
past
three
years
for
the
various
reporting
burdens
(
see
Table
2­
1)
and
the
number
of
PCB
spills
reported
to
the
National
Response
Center
(
NRC)
from
2000
to
2002
(
U.
S.
Coast
Guard,
2003).
It
also
involved
using
information
recently
gathered
for
preparing
the
September
2003
Draft
Analysis
to
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761,
including
information
obtained
from
conversations
with
regulated
entities
(
U.
S.
EPA,
2003d).
This
analysis
was
performed
within
the
context
of
the
limitations
mentioned
above.
It
is
noted
that
the
responses
regarding
reporting
and
recordkeeping
burdens
are
variable.
Comments
are
incorporated
throughout
the
supporting
statement.
Sources
are
listed
in
the
reference
section.

In
addition,
during
the
public
comment
period
for
this
ICR
renewal,
EPA
conducted
a
consultative
outreach
effort.
EPA
contacted
six
organizations,
associations
and
individuals,
including
the
three
previously
contacted
in
preparing
the
initial
draft
supporting
statement,
as
listed
above.
The
following
three
new
entities
were
also
contacted:

Kathe
Doran
Supervisor,
Environmental
Services
City
Public
Service
San
Antonio,
TX
78296
(
210)
353­
2787
James
Osmundsen,
Senior
Product
Compliance
Specialist
Ciba
Specialty
Chemicals
540
White
Plains
Rd
Tarrytown,
NY
10591
Phone:
(
914)
785­
4536
Fax
:
(
914)
785­
4147
james.
osmundsen@
cibasc.
com
Scott
Slesinger,
Vice
President
for
Governmental
Affairs
Environmental
Technology
Council
734
15th
Street,
N.
W.
Washington,
DC
20005
202­
783­
0870
x13
202­
236­
8490
(
cell)
202­
737­
2038
(
fax)

These
six
entities
provided
a
diverse
sampling
of
respondents,
including
the
electric
utility
industry,
local
government
utilities,
operators
of
natural
gas
pipelines,
PCB
disposal
facilities,
and
chemical
manufacturers
(
importers).
EPA
solicited
input
from
these
entities
through
telephone
contact
and
electronic
correspondence;
three
provided
comments
in
response
to
this
consultation
effort,
while
one
responded
by
submitting
written
comments
to
the
public
docket
established
for
­
31­
this
ICR.
Comments
made
during
the
consultation
process
did
not
raise
substantive
issues
with
the
current
ICR
renewal.
The
current
ICR
supporting
statement
estimates
were
felt
to
be
generally
accurate,
when
noted.
Several
instances
were
noted
where
the
regulatory
language
needed
some
clarification
to
avoid
confusion
in
recordkeeping
and
recording
requirements;
one
commenter
felt
that
it
would
be
of
use
to
[
smaller]
entities
maintaining
annual
disposal
records
if
EPA
were
to
propose
a
"
recommended"
format
for
recordkeeping.
EPA
believes
something
appropriate
could
possibly
be
provided
as
guidance,
but
that
adopting
a
specified
form
or
format
could
potentially
impose
a
significant
burden,
especially
on
larger
reporters
in
the
PCB
disposal
industry.
Finally,
all
consulted
parties
were
in
favor
of
electronic
reporting
being
made
available
as
an
option,
although
concerns
about
CBI
status
being
maintained
were
noted.
In
particular,
one
commenter
noted
that
EPA
has
been
working
for
some
years
to
develop
procedures
for
the
use
of
electronic
hazardous
waste
manifests.
EPA
believes
that
the
PCB
manifest
requirements
are
amenable
to
harmonization
with
a
broader
electronic
hazardous
waste
manifest
system
when
it
is
implemented.
See
Appendix
G.

3(
d)
Effects
of
Less
Frequent
Collection
EPA
has
judged
that
the
reporting
and
recordkeeping
requirements
of
these
ICRs
are
the
minimum
amount
necessary
to
prevent
injury
to
health
and
the
environment.
These
requirements
ensure
adequate
oversight
by
EPA
over
the
use
of
PCBs
and
PCB
equipment
and
the
storage
and
disposal
of
PCB
wastes.
If
these
activities
were
conducted
less
frequently,
the
mismanagement
and
improper
storage
and
disposal
of
PCBs
would
likely
cause
subsequent
environmental
contamination.

There
are
several
examples
of
one­
time
PCB
information
collection
requirements.
One
example
is
the
notification
and
certifications
requirements
of
§
761.185,
which
are
supported
by
relevant
sampling
data
or
by
theoretical
analysis.
Only
when
processes
are
modified
are
importers
and
manufacturers
required
to
renotify.
The
notification
requirements
regarding
installation
of
PCB
Transformers
in
emergency
situations,
and
for
owners
who
elect
not
to
install
enhanced
electrical
protection
on
lower
voltage
secondary
transformers
were
one­
time
notifications
that
were
to
be
completed
by
October
1,
1990.
Another
example
are
the
reports
on
total
PCB
releases
of
§
761.187
that
need
only
be
submitted
if
the
PCB
levels
in
the
products
exceed
the
specified
annual
average
of
25
ppm,
or
when
releases
to
air
and
water
exceed
the
regulatory
thresholds.
Also,
EPA
requires
one­
time
notifications
for
owners
to
register
their
newly
discovered
PCB
Transformers
(
see
EPA
Form
7720­
12,
PCB
Transformer
Registrations
at
Appendix
C)
and
for
individuals
to
notify
the
Agency
of
their
PCB
waste
handling
activities
(
see
EPA
Form
7710­
53,
Notification
of
PCB
Activity
at
Appendix
D);
both
notifications
can
be
accomplished
by
completing
a
simple
form,
although
use
of
the
form
is
optional
when
registering
PCB
Transformers.
­
32­
3(
e)
General
Guidelines
Most
of
the
information
requested
by
this
ICR
is
consistent
with
OMB's
Paperwork
Reduction
Act
Guidelines.
Some
exceptions
are
as
follows.

Under
the
information
collection
requirements
of
§
§
761.185
and
761.193
(
ICR
1001),
manufacturing
and
monitoring
records
that
document
PCB
levels
in
products
and
analyses
that
support
the
one­
time
notification
and
certification
of
compliance
for
the
process
must
be
retained
for
either
3
years
after
the
certified
process
ceases
operations
or
7
years,
whichever
is
shorter.
The
content
of
the
file
most
likely
would
not
change
over
the
7­
year
period,
so
the
burden
of
keeping
the
file
is
substantially
mitigated
by
its
limited
contents.
Likewise,
entities
that
monitor
for
actual
PCB
concentrations
in
the
products
they
manufacture,
use,
process,
distribute
in
commerce,
or
recycle
must
also
maintain
monitoring
data
records
under
§
761.193
for
either
a
3­
year
period
after
the
operation
ceases
or
up
to
7
years.
The
effect
of
this
provision
is
to
impose
an
equal
retention
period
for
sampling
data
on
all
those
who
deal
with
inadvertently
generated
PCBs
in
products,
whether
the
PCBs
result
from
excluded
manufacturing
processes
or
recycling.

To
comply
with
the
storage
and
disposal
requirements
of
Subpart
D,
disposers
and
commercial
storers
must
retain
records
for
at
least
3
years
after
the
facility
is
no
longer
used
for
the
storage
or
disposal
of
PCB
wastes,
except
that
chemical
waste
landfills
must
maintain
records
for
at
least
20
years
after
the
facility
no
longer
accepts
PCB
wastes.
The
reason
for
requiring
records
retention
for
landfills
in
excess
of
3
years
is
that
a
leak
from
a
chemical
waste
landfill
could
take
years
to
develop
into
a
noticeable
environmental
problem.
Landfill
records
are
the
only
mechanism
to
accurately
trace
the
source
of
the
contamination.
Also,
certain
operational
records
maintained
by
the
owner/
operator
of
incineration
facilities
and
high
efficiency
boilers
must
be
retained
for
5
years
from
the
date
of
collection.
This
enables
facilities
to
demonstrate
to
enforcement
officials
that
the
facility
has
consistently
complied
with
relevant
technical
requirements
and
conditions
specified
in
the
disposal
permit.

The
Final
Disposal
Amendments
Rule
contains
several
provisions
that
require
recordkeeping
for
5
years
or
more.
These
provisions
include
§
761.61(
a)(
9),
which
requires
the
notifications
and
remediation
site
cleanup
activity
documentation,
pursuant
§
§
761.61(
a)(
3),
(
4),
and
(
5),
to
be
maintained
for
5
years.
Section
761.61(
a)(
8)(
i)(
A)
requires
a
notice
be
permanently
affixed
to
the
deed
of
any
property
where
a
remediation
project
has
resulted
in
the
installation
of
a
fence
or
ground
cover
cap
to
increase
protection
from
exposure
to
PCBs.
These
measures
were
taken
to
enable
adequate
oversight
of
remediation
projects
by
environmental
officials
and
to
provide
adequate
notice
to
potential
new
owners
of
property
where
remediation
projects
were
undertaken.

There
are
a
number
of
provisions
in
Part
761
that
require
reporting
within
15
or
30
days
of
the
occurrence
of
a
specific
event.
For
example,
the
third­
party
notification
requirements
of
§
§
761.61(
a)(
5)(
B)(
2)(
iv)
and
761.62(
b)(
4)(
i)
and
(
ii)
require
generators
to
provide
notice
to
certain
off­
site
facilities
at
least
15
days
prior
to
shipping
certain
wastes.
These
reporting
­
33­
requirements
are
not
triggered
by
the
calendar
(
i.
e.,
they
are
not
required
quarterly
or
at
more
frequent
intervals).
Therefore,
the
Agency
does
not
believe
that
these
provisions,
or
the
following
30­
day
reporting
requirements,
need
special
justification:

 
§
761.30(
a)(
1)(
vi)(
A)(
1)
requires
owners
of
PCB
transformers
to
register
the
transformer
with
EPA
within
30
days
of
discovery.

 
§
761.60(
j)(
1)(
ii)
requires
EPA,
State,
and
local
environmental
protection
agencies
to
be
notified
of
the
commencement
of
pilot­
scale
PCB
R&
D
disposal
activity.

 
§
761.61(
a)(
3)(
i)
requires
EPA,
State
or
Tribal,
and
county
or
local
environmental
protection
agencies
to
be
notified
of
the
location
of
a
remediation
waste
cleanup
project.

 
§
761.65(
a)(
2)(
i)
requires
EPA
to
be
notified
of
intent
to
store
waste
beyond
the
1­
year
limit
30
days
prior
to
the
expiration
of
the
1­
year
time
frame
when
disposal
cannot
be
accomplished
within
that
period.

 
§
761.70(
b)(
8)
requires
EPA
to
be
notified
30
days
prior
to
transferring
ownership
of
an
incinerator.

 
§
761.75(
c)(
7)
requires
EPA
to
be
notified
30
days
prior
to
transferring
ownership
of
a
landfill.

 
§
761.80(
e)
requires
EPA
to
be
notified
30
days
prior
to
commencing
PCB
R&
D
disposal
activity
when
using
manufactured/
imported
PCBs
obtained
under
this
exemption.

 
§
761.180(
c)(
5)
requires
EPA
to
be
notified
within
30
days
of
suspension
of
incineration
operations.

 
§
761.205(
f)
requires
EPA
to
be
notified
within
30
days
of
changes
to
previous
PCB
Notification.

 
§
761.207(
c)(
1)(
iv)
requires
commercial
storers/
disposal
facilities
to
send
copy
of
manifest
to
generators
within
30
days
of
receipt
of
waste.

 
§
761.218(
b)
requires
disposers
to
send
Certificates
of
Disposal
to
generator
within
30
days
of
disposing
of
his
waste.

3(
f)
Confidentiality
Petitioners
or
permit
applicants
may
claim
that
all
or
part
of
any
information
given
to
EPA,
such
as
process
design
information,
is
confidential
business
information
(
CBI).
EPA
handles
claims
of
confidentiality
pursuant
to
established
CBI
procedures,
as
found
at
Section
14
­
34­
of
TSCA,
40
CFR
750.16
and
750.36,
and
the
Agency's
TSCA
CBI
Manual.
Confidential
Business
Information
is
also
protected
under
the
Freedom
of
Information
Act
(
5
USC
Section
525).
Most
of
the
information
requested
in
the
reporting
or
recordkeeping
requirements
of
these
collections
is
not
of
a
confidential
nature.

3(
g)
Sensitive
Questions
EPA
asks
no
questions
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
EPA's
PCB
regulations
could
affect
entities
in
all
industrial
categories,
regardless
of
size,
that
currently
possess
PCB
Items,
PCB­
contaminated
equipment,
or
other
PCB
waste.
These
entities
include
those
in
both
the
public
and
private
sectors,
and
may
include
not­
for­
profit
organizations
as
well
as
for­
profit
entities.
Entities
that
generate
PCB
wastes
comprise
the
following
classes:

 
Electric
utility
industry
(
NAICS
2211),
including
municipal
and
county
electric
systems,
and
other
publicly
owned
systems,
such
as
irrigation
districts.
It
has
been
estimated
that
70
percent
of
PCBs
produced
were
used
in
dielectric
fluid
for
transformers
and
capacitors.
Thus,
such
high­
voltage
equipment
represents
a
significant
use
of
PCBs
and
therefore
a
major
source
of
PCB
waste
generation.
EPA
studies
of
the
numbers
of
such
equipment
in
use
assumed
that
utilities
owned
30
percent
of
the
askarel
transformers,
80
percent
of
the
mineral
oil
transformers,
and
85
percent
of
the
large
PCB
Capacitors,
with
the
remainder
owned
by
non­
utility
industrial
enterprises.
It
is
estimated
that
there
are
about
2,900
small
entities
in
the
electric
utility
industry.
Privately
owned
small
utilities
are
defined
as
those
with
less
than
4
million
megawatt­
hours
of
electricity
sales
per
year.
Small
publicly
owned
utilities
are
those
owned
by
government
bodies
with
less
than
50,000
in
population.

 
Non­
utility
entities
with
privately­
owned
electric
equipment,
such
as:

­
oil
and
gas
producers
(
NAICS
211111)
­
manufacturers
(
NAICS
31­
33)
­
line­
haul
railroads
(
NAICS
48211)
­
telecommunications
(
NAICS
513)
­
refuse
systems
(
NAICS
562111)

(
EPA
studies
have
shown
that
these
entities
account
for
more
than
90
percent
of
PCB
waste
generated
by
the
non­
utility
private
sector.
Hospitals
(
NAICS
62211)
and
colleges/
universities
(
NAICS
61131)
are
also
likely
to
have
high­
voltage
electrical
­
35­
equipment
of
the
type
associated
with
PCB
use
and
contamination.)

 
Entities
with
PCB
ballasts
from
fluorescent
light
fixtures,
including
manufacturing
and
industrial
entities,
government
bodies
and
school
districts
that
have
such
lighting
equipment.

 
Entities
operating
natural
gas
pipelines.

 
Entities
engaged
in
bulk
solid
waste
operations,
such
as
automobile
shredders.

 
Entities
involved
in
remediating
PCB
wastes,
such
as
Superfund
and
other
hazardous
waste
sites.

 
PCB
disposal
facilities
that
must
obtain
approval
from
EPA
to
operate
(
e.
g.,
incinerators,
chemical
waste
landfills,
alternate
disposal
technologies).
This
would
include
individuals,
businesses,
Federal
agencies,
and
State/
local
governments
engaged
in
PCB
waste
management
activities.
NAICS
code
562111,
hazardous
waste
material
disposal
sites,
may
be
applicable.

Other
primary
respondents
include:

­
trucking
and
warehousing
(
storage)
(
NAICS
484)
­
sanitary
services
(
incinerators,
landfills)
(
NAICS
5622)
­
steam
suppliers
[
high
efficiency
boilers
(
HEB)]
(
NAICS
22133)
­
Administrators
of
Environmental
Quality
Programs
(
NAICS
924)

 
All
chemical
manufacturers
(
and
importers
of
products)
who
wish
to
qualify
excluded
processes
and
continue
the
legal
manufacture
(
or
importation)
of
trace
amounts
of
PCBs;
the
processing,
distribution
in
commerce,
or
use
of
chemical
products
that
contain
the
PCBs
generated
in
excluded
manufacturing
processes;
and
the
processing,
distribution
in
commerce,
or
use
of
products
containing
"
recycled
PCBs"
(
§
761.3)
must
comply
with
appropriate
notification
and
recordkeeping
requirements.
These
respondents
are
classified
under
NAICS
codes
3254,
325611,
325,
3253,
which
are
drugs;
soap,
cleaners,
and
toilet
goods;
industrial
organic
chemicals;
and
agricultural
chemicals,
respectively.
Other
affected
industries
may
include:

 
alkalies
and
chlorine
(
NAICS
325181)
­­
inorganic
pigments
(
NAICS
325131)
­­
plastic
materials
and
resins
(
NAICS
325211)
­­
synthetic
rubber
(
NAICS
325212)
­­
organic
fibers
non­
cellulosic
(
NAICS
325222)
­­
other
chemicals
and
allied
products
(
NAICS
3259981)
­­
adhesives
and
sealants
(
NAICS
32552)
­
36­
­­
printing
ink
(
NAICS
32591)
­­
chemical
preparations
(
NAICS
325998)
­­
rubber
and
miscellaneous
plastic
products
(
NAICS
326)

 
Respondents
who
petition
the
Agency
for
exemption
from
the
prohibitions
and
restrictions
on
the
manufacture,
processing,
and
distribution
in
commerce
of
PCBs
may
include
general
manufacturing
industries
(
NAICS
31
­
33)
and
Electric
Equipment
Manufacturing
(
NAICS
335).

4(
b)
Information
Requested
(
i)
Data
Items.

Many
of
the
information
collection
requirements
are
triggered
only
by
an
individual's
need
to
address
a
particular
PCB
scenario,
while
other
requirements
apply
to
the
universe
of
individuals
who
use,
process,
distribute
in
commerce,
or
dispose
of
PCBs.
EPA
anticipates
that
no
one
individual
would
be
subject
to
all
of
the
requirements
listed
below.
The
reporting,
thirdparty
reporting,
and
recordkeeping
data
items
contain
the
reference
number
used
throughout
this
document,
the
existing
ICR
number,
a
description
of
the
requirement,
and
the
regulatory
citation,
and
are
organized
according
to
the
subparts
of
40
CFR
761.

(
A)
Notifications/
Reports.
Respondents
are
required
to
submit
information
to
EPA
to
accomplish
the
following
reporting
tasks.
(
Refer
to
Tables
2­
1,
2­
2,
and
2­
3
for
summaries
of
the
reporting,
third­
party
reporting,
and
recordkeeping
requirements
of
this
consolidated
ICR).

40
CFR
761
Subpart
A
 
General
(#
1)
Certification
Notification
for
Excluded
Manufacturers:
The
primary
reporting
requirement
for
manufacturers
who
inadvertently
generate
PCBs
and
importers
of
products
containing
inadvertently
generated
PCBs
is
a
certified
notification
to
EPA.
The
notification
(
1)
identifies
the
manufacturing
processes
that
generate
PCBs
in
products
at
levels
above
2
parts
per
million
(
ppm);
(
2)
certifies
compliance
with
all
PCB
release
conditions
on
excluded
processes;
and
(
3)
states
whether
the
certification
is
based
on
actual
monitoring
data
or
on
theoretical
analysis
of
the
chemical
reaction(
s)
involved
in
the
manufacturing
process.
Additionally,
manufacturers
and
importers
must
report
to
EPA
data
on
their
processes
during
periods
of
unusually
high
generation
or
releases
of
PCBs.
Reports
are
required
in
any
calendar
year
where
total
quantities
of
PCBs
in
manufactured
products
exceed
0.0025%
of
a
manufacturing
site's
rated
capacity,
or
the
total
quantity
of
PCBs
imported
exceeds
0.0025%
of
the
average
for
PCB­
containing
products
that
were
imported
during
the
1978­
1982
timeframe.
Also,
reporting
is
required
when
total
PCB
releases
to
air
or
water
exceed
10
pounds
during
the
year
at
any
site,
and
certification
must
be
repeated
whenever
process
conditions
are
significantly
modified
[
§
§
761.1
(
f)(
1)
­
(
3);
Subpart
J;
also
see
the
entries
for
#
42
and
#
43].
­
37­
Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
(#
2)
Exemption
Petitions:
Individuals
seeking
exemptions
to
manufacture
(
import),
process,
or
distribute
in
commerce
(
export)
PCBs
as
per
TSCA
Section
6(
e)(
3),
must
submit
exemption
petitions
unless
otherwise
authorized
[
§
761.20(
b)
and
(
c)(
1)
and
(
3)].

(#
3)
Transformer
Registration:
Owners
of
PCB
Transformers
are
required
to
register
their
transformers
with
EPA.
The
registration
program
provides
State
officials
and
emergency
response
personnel
information
for
providing
a
significantly
higher
degree
of
protection
in
emergency
situations.
This
information
is
also
for
use
to
address
requirements
of
international
environmental
programs
to
identify
sources
and
reduce
or
eliminate
the
reliance
on
PCBs.
Information
that
must
be
included
in
the
notification
consists
of
the
following:
transformer
address
(
i.
e.,
location);
number
of
PCB
Transformers,
including
total
weight
in
kilograms;
and
the
name,
address,
telephone
number,
and
signature
of
the
owner,
operator,
or
other
authorized
representative
certifying
the
accuracy
of
the
submitted
information.
The
use
of
a
form
is
optional,
as
is
information
on
whether
the
unit(
s)
contains
a
flammable
liquid.
A
copy
of
EPA
Form
7720­
12,
which
can
be
used
for
submitting
this
information
[
§
761.30(
a)(
1)(
vi)],
is
included
in
this
report
as
Appendix
C.
Note
that
§
761.30(
a)(
1)(
xv)(
D)
removes
the
requirement
to
register
PCB
Transformers
with
the
fire
department,
but
retains
the
requirement
to
register
the
transformers
with
building
owners.
(
See
#
54.)

(#
4)
PCB
Equipment
Reclassification:
Persons
wishing
to
use
alternate
methods
to
reclassify
PCB
equipment
(
i.
e.,
transformers
,
electromagnets,
switches,
and
voltage
regulators)
must
obtain
EPA
approval
to
do
so
[
§
§
761.30(
a)(
2)(
v)(
c);
.30(
h)(
2)(
v)(
c)].
Therefore,
EPA
requires
information
on
the
process
that
is
being
considered
as
well
as
equipment
identification
information.

(#
5)
Use
of
Natural
Gas
Pipelines
and
Other
Gas
or
Liquid
Systems:
Owners/
operators
of
natural
gas
pipelines
who
sell
or
distribute
natural
gas
are
authorized
to
use
natural
gas
pipelines
that
have
been
contaminated
with
PCBs
in
concentrations

50
ppm,
if
they
take
certain
actions
to
identify
sources
of
contamination
and
reduce
levels
to
<
50
ppm
PCBs.
Owner/
operators
of
these
pipelines
must
submit
a
written
description
of
the
general
nature
and
location
of
PCB
contamination
in
concentrations

50
ppm
if
requested
by
EPA.
This
description
is
sent
to
the
RA
or
the
Director,
National
Program
Chemicals
Division
(
NPCD),
at
EPA,
if
the
contaminated
pipe
is
located
in
more
than
one
Region.
EPA
expects
the
reporting
burden
to
be
minimized
as
the
regulations
allow
for
the
use
of
historical
data
regarding
these
requirements
(
e.
g.,
sampling
and
analyses
data
and
reports
of
actions
taken
to
reduce
PCB
levels)
[
§
761.30(
i)(
1)(
iii)(
A)(
1)].

(#
6)
EPA
Approval
for
Uses
of
PCBs
in
Other
Gas
or
Liquid
Systems:
The
use
of

50
ppm
PCBs
in
"
other"
gas
or
liquid
transmission
systems
is
authorized.
Operators
with
systems
­
38­
with
PCBs
at
concentrations
of

50
ppm
must
obtain
written
consent
from
the
Director,
National
Program
Chemicals
Division,
who
may
then
specify
conditions
necessary
to
reduce
the
levels
of
PCBs
in
the
system.
It
is
not
apparent
that
systems
not
otherwise
authorized
under
the
regulations
exist.
Therefore,
EPA
expects
this
authorization
to
be
rare
and
has
no
basis
for
developing
a
burden
for
this
notification
requirement.
Without
this
authorization,
however,
use
of
such
gas
or
liquid
systems
with
PCBs

50
ppm
would
be
prohibited
[
§
761.30(
t)(
3)].

(#
7)
Exceeding
Storage
Limitations
for
PCB
Articles
Stored
for
Reuse:
EPA
has
limited
the
storage
for
reuse
of
PCB
Articles
in
areas
not
meeting
the
TSCA
approved
storage
standards
in
§
761.65
to
a
period
of
5
years.
However,
RAs
may
grant
extensions
beyond
5
years
with
conditions,
if
a
request
explaining
the
rationale
for
the
extension
is
submitted
6
months
prior
to
the
expiration
date
[
§
761.35(
b)].
It
is
anticipated
that
there
will
be
no
respondents
to
this
regulation
during
the
clearance
period
of
this
ICR
in
that
regulated
entities
have
obtained
approvals
for
5­
year
storage
periods
during
2003,
the
period
when
the
past
clearance
period
expired.
These
approvals
will
be
valid
through
2008.
The
10­
minute
time
estimate
is
based
on
public
comment
and
EPA's
review
of
2003
submissions.
EPA
granted
approximately
80
waivers
covering
6,250
pieces
of
equipment;
each
request
averaged
about
75
items
and
EPA
estimates
took
12.5
hours
including
the
preparation
of
supporting
documentation.

Subpart
D
 
Storage
and
Disposal
(#
8)
Permit
Applications
and
Demonstration
Plans
for
Disposal
Facilities:
The
application
must
contain
the
following
types
of
information,
if
applicable:
(
1)
name,
address,
and
phone
number
of
the
unit's
principal
manager;
(
2)
location
of
the
facility
where
the
unit
will
be
tested
and
the
location
where
the
unit
will
be
stored
and
serviced
when
not
engaged
in
testing;
(
3)
detailed
description
of
the
unit
including
general
plans
and
design
drawings;
(
4)
engineering
report
or
other
information
on
the
anticipated
performance
of
the
unit;
(
5)
sampling
and
quality
assurance
plan;
(
6)
waste
volumes
expected
to
be
handled,
process
design
capacity,
process
control,
reagent­
to­
waste
feed
ratios,
and
safety
features;
(
7)
local,
State,
or
Federal
permits
or
approvals;
(
8)
schedules
and
plans
for
complying
with
the
approval
requirements;
(
9)
contingency
plan
that
describes
steps
taken
in
case
of
process
failure,
spill,
or
overflow;
and
(
10)
environmental
impact,
including
process
emissions,
toxicity
and
disposal
of
process
products,
site
relationships,
and
steps
taken
to
protect
the
health
of
the
operator.

Following
receipt
of
the
application,
EPA
may
require
additions
or
modifications
to
the
application,
disapprove
the
application,
or
determine
that
a
process
demonstration
is
required
and
will
notify
the
person
who
submitted
the
application.
The
following
information
is
requested
of
persons
who
are
asked
to
demonstrate
their
process
for
the
Agency:
(
1)
time,
date,
and
location
of
the
process
demonstrations;
(
2)
quantity
and
type
of
PCBs
and
PCB
Items
to
be
processed;
(
3)
parameters
to
be
monitored
and
location
of
sampling
points;
(
4)
sampling
plan
and
quality
assurance
plan,
including
sampling
frequency,
methods,
and
schedules
for
sampling
analysis;
and
(
5)
names,
addresses,
and
qualifications
of
persons
who
review
the
analytical
results
and
other
pertinent
data
and
who
will
perform
a
technical
evaluation
of
the
effectiveness
of
the
process
­
39­
demonstration.
Following
receipt
of
the
process
demonstration
plan,
EPA
will
either
approve
the
plan,
require
additions
or
modifications
to
the
plan,
such
as
additional
testing
or
analysis
to
help
the
reviewing
officials
determine
the
safety
and
efficiency
of
the
process,
or
disapprove
the
plan.

Any
person
who
is
required
to
incinerate
any
PCBs
and
PCB
Items
and
who
can
demonstrate
that
an
alternative
method
of
destroying
PCBs
and
PCB
Items
can
achieve
a
level
of
performance
equivalent
to
an
approved
incinerator
or
high
efficiency
boiler,
as
per
§
§
761.70
or
.71,
respectively,
must
submit
a
written
request
to
EPA
for
a
waiver
from
the
incinerator
or
high
efficiency
boiler
(
HEB)
requirements.
[
§
§
761.60(
e),
(
i)(
2);
.70(
a),(
b),(
d);
.75(
b)(
7),
(
b)(
8)(
ii),
and
(
c)].

(#
9
­
11)
Notification
about
PCB
Research
and
Development
Activities
(
R&
D):
Individuals
engaged
in
R&
D
for
disposal
under
§
761.60(
j)
must
notify
the
RA,
and
State
and
local
environmental
officials
30
days
before
conducting
the
R&
D
for
disposal
activity
[
§
761.60(
j)(
1)].
The
notification
must
provide
the
EPA
identification
number
for
the
location
of
the
R&
D
activity
[
§
761.60(
j)(
1)(
i)],
quantity
of
PCBs
to
be
processed,
type
of
R&
D,
physical
and
chemical
properties
of
the
material
being
treated,
and
an
estimate
of
the
duration
of
the
R&
D
activities
[
§
761.60(
j)(
1)(
ii)].
[
NOTE:
After
reviewing
the
submitted
information,
EPA
may
determine,
based
on
potential
unreasonable
risks
to
health
or
the
environment,
to
impose
additional
conditions
on
the
R&
D
project
in
the
form
of
an
Approval.]
[
§
§
761.60(
j)(
1)
and)
(
2)].

Additionally,
requests
to
exceed
the
specified
limits
for
the
quantities
of
PCBs
used,
the
maximum
concentration
of
PCBs,
the
total
amount
of
pure
PCBs,
or
the
duration
of
the
R&
D
activities
must
be
submitted
to
the
RA.
Each
request
shall
specify
the
quantity
or
concentration
requested
or
additional
time
needed
and
include
a
justification
for
each
increase.
For
extensions
to
the
duration
of
the
R&
D
for
PCB
disposal
activity,
the
request
shall
also
include
a
report
on
the
accomplishments
and
progress
of
the
previously
authorized
R&
D
activity
for
which
the
extension
is
sought
[
§
761.60(
j)(
2)].

This
notification
identifies
those
individuals
who
do
research
on/
with
PCBs,
their
locations,
and
the
type
of
activities
they
perform.
By
establishing
a
small
quantity
exemption
for
R&
D,
EPA
is
reducing
the
burden
previously
associated
with
the
existing
requirement
that
individuals
who
engage
in
R&
D
into
PCB
disposal
technologies
obtain
a
TSCA
R&
D
Approval.
EPA
does
not
require
this
information
to
be
submitted
on
a
specific
form
or
in
a
specific
format.
By
requiring
individuals
to
write
a
letter
to
the
RA,
EPA
is
providing
maximum
flexibility
to
the
respondent
to
minimize
the
burden
associated
with
this
notification
provision.

(#
12
­
15)
Self­
implementing
Remediation:
Owners
of
remediation
sites
are
required
to
notify,
in
writing,
the
RA
and
the
appropriate
State
(
or
tribal),
county
(
or
local)
environmental
agencies
at
least
30
days
prior
to
conducting
remediation
activities.
The
notification
must
include
the
following
information:
the
nature
of
the
contamination;
a
summary
of
the
procedures
used
to
sample
contaminated
and
adjacent
areas;
a
table
or
cleanup
site
map;
the
location
and
extent
of
PCB
contaminated
areas,
including
topographic
maps;
and
a
cleanup
plan
for
the
site
­
40­
[
§
761.61(
a)(
3)(
i)].
Once
the
remediation
project
has
been
initiated,
any
proposed
deviation
from
the
notification
previously
submitted
must
be
reported
to
EPA
no
less
than
14
days
prior
to
the
proposed
implementation
of
the
change
[
§
761.61(
a)(
3)(
ii)].
Any
person
conducting
a
cleanup
activity
may
obtain
a
waiver
of
the
30­
day
notification
requirement,
if
they
receive
a
separate
waiver,
in
writing,
from
each
of
the
agencies
they
are
required
to
notify
under
this
section
[
§
761.61(
a)(
3)(
iii)].
Additionally,
under
the
self­
implementing
provision,
persons
must
submit
a
written
certification
to
the
RA
that
the
sampling
plans,
sample
collection
and
preparation
procedures,
extraction
procedures,
and
instrumental/
chemical
analysis
procedures
used
to
assess
or
characterize
the
cleanup
site
are
on
file
at
the
location
designated
in
the
certificate
and
are
available
for
EPA
inspection.
Persons
using
alternate
methods
for
chemical
extraction
and
chemical
analysis
for
site
characterization
must
include
in
the
certificate
a
statement
that
indicates
that
such
a
method
will
be
used
and
that
a
comparison
study
that
meets
or
exceeds
the
requirements
of
§
761.269(
c)
of
Subpart
Q,
for
which
records
are
on
file,
has
been
completed
prior
to
verification
sampling
[
§
§
761.61(
a)(
3)(
i)(
E)
and
761.274].
Additionally,
persons
conducting
remediation
waste
projects
that
require
the
use
of
a
fence
or
cap,
must
record
a
notation
on
the
deed
to
notify
potential
purchasers
of
the
property
(
i.
e.,
a
third­
party
notification)
and
submit
to
EPA
a
certification
that
the
property
deed
has
a
notation
to
that
effect
[
§
761.61(
a)(
8)(
i)].

(#
16)
Risk­
based
Remediation:
Any
person
wishing
to
clean
up,
store,
or
dispose
of
PCB
remediation
waste
in
a
manner
other
than
prescribed
in
the
self­
implementing
or
performancebased
disposal
options
must
apply
in
writing
to
the
RA.
Each
application
must
contain
information
as
described
in
§
761.61(
a)(
3)
(
e.
g.,
nature
and
extent
of
the
contamination,
sample
procedure,
cleanup
plan,
and
certification
that
records
have
been
maintained).
The
EPA
may
request
the
submission
of
other
information
it
believes
necessary
to
evaluate
the
application
[
§
761.61(
c)(
1)].

(#
17)
Risk­
based
Cleanup
Approval
for
PCB
Bulk
Product
Waste:
Any
person
wishing
to
sample
or
dispose
of
or
store
PCB
bulk
product
waste
in
a
manner
other
than
prescribed
in
paragraphs
(
a)
or
(
b),
or
store
the
waste
other
than
prescribed
by
§
761.65,
must
apply
in
writing
to
the
EPA
RA
or
Director,
NPCD.
Each
application
must
contain
information
indicating
that
the
proposed
storage
and
disposal
methods
or
locations
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.
EPA
may
request
the
submission
of
other
information
it
believes
necessary
to
evaluate
the
application.
[
§
761.62(
c)(
1)].

(#
18
­
20)
Exceeding
Storage
Limitations
for
PCB
Wastes:
A
mechanism
has
been
established
for
automatically
extending
the
1­
year
storage
for
disposal
deadline
for
another
year
based
on
an
adequate
justification.
Any
person
storing
PCB
waste
that
is
subject
to
the
1­
year
time
limit
for
storage
and
disposal
may
provide
written
notification
to
the
RA
that
their
continuing
attempts
to
dispose
of
or
secure
disposal
for
their
waste
within
the
1­
year
time
limit
have
been
unsuccessful.
For
the
automatic
extension
of
the
1­
year
time
frame,
EPA
must
receive
the
notification
at
least
30
days
before
the
initial
1­
year
time
limit
expires
and
the
notice
must
identify
the
storer;
the
types,
volumes,
and
locations
of
the
waste,
and
the
reasons
for
failure
to
meet
the
­
41­
initial
1­
year
time
limit
[
§
761.65(
a)(
2)].

For
subsequent
extensions
of
the
time
frame
for
storing
PCB
wastes,
the
requestor
must
submit
specific
justifications
and
indicate
measures
he
or
she
is
taking
to
secure
disposal
or
reasons
why
disposal
could
not
occur
during
the
prior
extension.
EPA
may
require
specific
actions
as
conditions
to
granting
the
extension,
including
marking,
inspection,
recordkeeping,
or
financial
assurance
to
ensure
that
the
waste
does
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment
[
§
761.65(
a)(
3)]
or
the
submission
of
periodic
progress
reports
[
§
761.65(
a)(
4)].

(#
21)
Storage
Containers
for
PCB/
Radioactive
Waste:
Containers
prescribed
by
the
American
National
Standard
Institute
(
ANSI)
for
nuclear
criticality
safety
may
be
used
for
PCB/
radioactive
waste.
However,
other
containers
may
be
used
if
the
users
are
able
to
demonstrate
to
EPA
and
other
appropriate
regulatory
authorities
[
i.
e.,
the
Nuclear
Regulatory
Commission
(
NRC),
the
Department
of
Energy
(
DOE),
or
the
Department
of
Transportation
(
DOT)]
that
such
containers
are
protective
of
public
health
and
safety
and
the
environment
[
§
761.65(
c)(
6)(
i)(
C)].

(#
22)
Preparing
Application
for
Commercial
Disposal
Approval:
Applicants
for
commercial
storage
approval
shall
submit
a
written
application
that
includes
any
relevant
information
bearing
upon
the
qualifications
of
the
facility.
The
application
shall
identify
the
facility
owner/
operator
and
include
information
on
the
technical
qualifications
of
the
person
in
charge
of
operations,
any
past
violations,
and
waste
handling
experience
of
the
company
and
employees,
estimates
of
maximum
waste
quantity
that
can
be
handled,
the
certification
of
compliance,
the
financial
assurance
instrument,
a
closure
plan
and
closure
cost
estimate,
and
a
demonstration
of
financial
responsibility
for
closure.
The
applicant
must
also
revise
and
update
the
closure
plan
when
certain
changes
occur
at
the
facility,
and,
within
30
days
after
the
facility
closes,
submit
certification
that
the
facility
has
been
closed
in
accordance
with
the
approved
plan
[
§
§
761.65(
d),
(
e)(
1),
(
6),
and
(
8);
and
(
f)].

(#
23)
Request
to
Amend
the
Storage
Closure
Plan:
Owners/
operators
of
storage
facilities
must
submit
requests
to
the
RA
to
amend
the
closure
plan,
when
there
are
changes
in
ownership,
changes
in
expected
date
of
closure,
and/
or
unexpected
events
[
§
761.65(
e)(
4)].

(#
24)
Modifications
to
Commercial
Storage
Facilities:
To
ensure
that
the
owner/
operator
of
these
facilities
have
made
adjustments
to
their
financial
assurance
mechanisms
when
modifications
will
increase
the
storage
capacity
of
the
facility,
EPA
is
requiring
that
the
these
individuals
notify
the
Federal
or
State
issuing
authority
in
writing
that
they
have
revised
the
financial
assurance
mechanism
and
activated
it
within
30
days
of
the
completion
of
the
modification
[
§
761.65(
g)(
9)].
EPA
does
not
require
the
information
to
be
submitted
on
a
specific
form
or
in
a
specific
format.

(#
25)
Change
of
Ownership
for
Storage
Facilities:
EPA
will
approve
of
the
transfer
of
­
42­
ownership
or
operational
control
of
a
commercial
storage
facility
if
the
transferee
has
established
financial
assurance
for
the
closure
and
the
transferor
or
transferee
has
resolved
any
deficiencies
(
e.
g.,
with
technical
operations,
closure
plans,
cost
estimates,
etc.)
that
the
Agency
has
identified
in
the
transferor's
new
or
amended
application
[
§
761.65(
j)].

(#
26)
Approval
of
Alternate
Measures
for
Operating
Incinerators:
Owners/
operators
of
incinerators
that
burn
PCBs
must
submit
a
contingency
plan
of
alternate
measures
for
operating
the
facility
when
regulatory
requirements
cannot
be
met.
The
plan
must
indicate
what
alternative
measures
the
owner/
operator
would
take
if
there
is
a
failure
of
regulatory
monitoring
requirements
or
PCB
rate
and
quantity
measuring
and
recording
equipment,
or
if
excess
oxygen
falls
below
the
percentages
specified
in
paragraph
(
a)(
1)
of
this
section
[
§
§
761.70(
a)(
8)
and
(
9);
and
(
d)(
5)].

(#
27)
Notification
of
Changes
in
Disposal
Facility
Ownership:
Owners/
operators
of
incinerators
and
chemical
waste
landfills
that
dispose
of
PCBs
must
notify
EPA
at
least
30
days
before
transferring
ownership
of
the
facility.
The
notice
must
include
a
notarized
affidavit
signed
by
the
transferee,
which
states
that
the
transferee
will
abide
by
the
transferor's
EPA
incinerator
approval
[
§
§
761.70(
d)(
8);
.75(
c)(
7)].

(#
28)
High
Efficiency
Boiler
Approval:.
Thirty
days
before
any
person
burns
mineral
oil
dielectric
fluid
in
high
efficiency
boilers,
the
person
must
give
a
1­
time
written
notice
to
the
RA,
including
information
on
the
owner
and
location
of
the
boiler,
boiler
specifications,
and
associated
equipment.
To
burn
liquids
other
than
mineral
oil
dielectric
fluids,
at
a
PCB
concentration
of
50
to
500
ppm,
boiler
owners
must
first
obtain
an
approval
of
the
EPA
RA
for
the
EPA
Region
in
which
the
boiler
is
located.
The
request
to
the
RA
must
include
at
least
the
following:
name
and
address
of
owner/
operator
of
boiler
and
address
of
boiler,
boiler
rating
in
units
of
BTU/
hour,
carbon
monoxide
concentration
and
oxygen
percentage
in
the
stack
when
boiler
is
operated,
type
of
equipment
and
procedures
used
to
control
feed
and
monitor
emissions,
type
of
waste
to
be
burned,
concentration
of
PCBs
and
other
chlorinated
hydrocarbons
in
the
waste,
estimate
of
the
amount
of
waste
to
be
burned
in
a
30­
day
period,
and
an
explanation
of
the
procedures
to
be
followed
to
ensure
that
the
burning
of
the
waste
will
not
adversely
affect
the
operation
of
the
boiler
such
that
combustion
efficiency
will
decrease
[
§
§
761.71(
a)(
2)
and
(
b)(
2)].

(#
29
­
30)
Disposal
by
Scrap
Metal
Recovery
Ovens
and
Smelters:
Owners
of
scrap
metal
recovery
ovens
disposing
of
drained
PCB­
Contaminated
electrical
equipment,
natural
gas
pipelines
and
non­
porous
surfaces
must
notify
EPA
as
disposers
of
PCBs
and
are
required
to
comply
with
existing,
applicable
disposal
facility
reporting
requirements
in
Subparts
J
and
K
[
§
§
761.72(
c)(
2)].
In
lieu
of
meeting
the
operating
requirements,
an
owner
or
operator
of
a
scrap
metal
recovery
oven
or
smelter
can
submit
a
written
request
to
the
RA
for
a
determination
that
the
industrial
furnace
poses
no
unreasonable
risk,
based
on
a
site­
specific
risk
assessment
[
§
761.72(
c)(
3)].

(#
31
­
32)
TSCA
Coordinated
Approval:
Persons
seeking
a
TSCA
PCB
coordinated
­
43­
approval
may
submit
a
request
for
approval
to
the
RA
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.
The
request
for
coordinated
approval
shall
include
a
copy
of
the
confirmation
of
the
EPA
identification
number,
information
regarding
a
point
of
contact
at
the
other
permitting
authority,
description
of
the
waste
activities
to
be
conducted
(
or
a
copy
of
the
waste
management
document,
if
one
has
been
issued),
and
a
certification
that
the
requestor
will
adhere
to
the
TSCA
PCB
reporting
and
recordkeeping
requirements
[
§
761.77(
a)(
1)].
The
RA
may
request
additional
information
to
remedy
a
deficiency
in
the
waste
management
activities
[
§
761.77(
a)(
1)(
ii)(
A)(
1)].
If
the
RA
determines
that
conditions
of
the
coordinated
approval
are
not
being
met,
the
RA
may
require
the
person
to
whom
the
coordinated
approval
was
issued
to
submit
an
application
for
a
TSCA
PCB
approval
[
§
761.77(
a)(
2)].
Any
person
with
a
coordinated
approval
must
notify
the
RA
in
writing
within
5
calendar
days
of
changes
relating
to
PCB
waste
requirements
in
the
non­
TSCA
waste
management
documents
that
serve
as
the
basis
for
the
coordinated
approval
[
§
761.77(
a)(
3)].

(#
33)
Approvals
for
Alternative
Decontamination
and
Sampling
Methods:
Any
person
wishing
to
decontaminate
material
described
in
a
manner
other
than
prescribed
in
§
761.79(
b)
or
(
c),
or
sample
material
other
than
prescribed
in
§
761.79(
f)
must
apply
in
writing
to
the
EPA
RA.
Each
decontamination
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
§
761.79(
b)(
1)
through
(
4).
Each
application
must
describe
in
writing
the
material
to
be
decontaminated
and
the
proposed
selfimplementing
decontamination
method,
and
must
include
a
proposed
validation
study
to
confirm
performance
of
the
method.
Each
sampling
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
§
761.79(
f)
of
this
section.
EPA
may
request
additional
information
it
believes
to
be
necessary
to
evaluate
the
application
[
§
761.79(
h)(
1)
to
(
4)].

Subpart
E
 
Exemptions
(#
34
­
37)
Class
Exemptions,
Manufacture,
Processing,
Distribution
of
PCBs
for
R&
D:
Individuals
seeking
exemptions
from
the
PCB
prohibitions
are
required
by
statute
[
15
USC
2601,
Section
6(
e)(
3)(
B)]
to
submit
exemption
petitions
to
EPA.
The
information
provided
to
EPA
in
an
exemption
petition
includes:
name,
address
and
telephone
number
of
the
petitioner;
description
of
the
exemption
being
requested
for
the
manufacture/
processing/
distribution
in
commerce
activity;
location;
length
of
time
desired
(
1­
year
maximum);
amount
of
PCBs
to
be
manufactured
processed
and/
or
distributed
in
commerce,
rationale
regarding
no
unreasonable
risk
and
substitutes
criteria
of
Section
6(
e)(
3)(
B)(
i)
and
(
ii),
and
the
economic
consequences
of
an
EPA
denial.
Provisions
regarding
class
exemptions
for
manufacturers
of
PCBs
and
processors/
distributors
of
PCBs
or
analytical
reference
samples
derived
from
PCB
waste
material
require
a
petition
be
submitted
60
days
prior
to
engaging
in
the
activity
[
§
761.80(
e)(
1)
and
(
i)(
1)].
­
44­
Section
761.80(
e)(
2)
and
(
i)(
2)
and
.80(
n)
require
individuals
seeking
renewals
of
class
exemptions
to
submit
requests
for
renewal
as
per
§
§
750.11
and
.31.
If
persons
need
to
exceed
the
annual
quantity
limits,
they
must
request
approval
from
EPA
[
§
§
761.80(
e)(
3),
(
g)(
2),
and
(
i)(
4)].
The
owner
or
operator
of
the
facility
also
must
notify
the
RA
in
writing
30
days
prior
to
beginning
R&
D
activities
that
require
the
manufacturing
or
import
of
PCBs,
unless
the
owner
has
obtained
a
PCB
R&
D
approval
from
EPA,
pursuant
to
§
761.60(
a)
or
(
i)(
2),
or
.70(
b),
that
allows
the
manufacture
of
PCBs
[
§
761.80(
e)(
4)].

(#
38)
Manufacturing,
Processing,
and
Distribution
in
Commerce,
Exemptions
When
a
facility
holding
a
certain
type
of
exemption
plans
to
increase
the
amount
of
PCBs
to
be
processed
and
distributed,
imported
(
manufactured),
or
exported,
or
to
change
the
manner
or
processing
and
distribution,
import
(
manufacture),
or
export
of
PCBs,
the
owner/
operator
of
the
facility
must
submit
a
new
exemption
petition
to
EPA,
which
will
be
addressed
through
an
exemption
rulemaking.
The
petitioners
must
provide
the
following
information
to
extend
manufacturing
exemptions,
as
per
§
§
750.11:
(
1)
the
identity,
telephone
number,
and
address
of
the
petitioner;
(
2)
description
of
the
PCB
exemption
being
requested,
including
items
to
be
manufactured,
and
the
nature
of
the
manufacturing
process;
(
3)
location(
s)
of
manufacturing
sites
requiring
exemption;
(
4)
length
of
time
requested
for
exemption;
(
5)
amount
of
PCBs
to
be
manufactured
or
used
during
the
requested
exemption
period
and
the
manner
of
release
of
PCBs
to
the
environment
associated
with
such
manufacture
or
use;
(
6)
basis
for
meeting
Section
6(
e)(
3)(
B)(
i)
criteria
for
"
unreasonable
risk;"
(
7)
basis
for
meeting
Section
6(
e)(
3)(
B)(
ii)
criteria
for
"
PCB
substitutes;"
and
(
8)
quantification
of
the
economic
consequences
of
EPA
denying
the
petition
and
an
explanation
of
the
manner
of
computation.

Persons
interested
in
obtaining
processing
or
distribution
in
commerce
exemptions
must
provide
information
listed
above
as
items
(
1),
(
4),
(
6),
(
7)
and
(
8).
In
addition,
as
per
§
750.31,
they
must
provide:
a
description
of
the
PCB
processing
or
distribution
in
commerce
exemption
being
requested,
including
a
description
of
the
chemical
substances,
mixtures,
or
items
to
be
processed
or
distributed
in
commerce,
and
if
processing
is
involved,
the
nature
of
the
processing;
location(
s)
of
processing
sites
requiring
exemption;
the
estimated
amount
of
PCBs
to
be
processed
or
distributed
in
commerce
or
used
during
the
requested
exemption
period;
and
the
manner
of
release
of
PCBs
to
the
environment
associated
with
such
processing,
or
distribution
in
commerce.
EPA
also
requires
specific
information
on
the
description,
number,
and/
or
location
of
PCB
equipment
to
be
serviced
and
the
description
of
the
uses
of/
exposures
to
PCB­
contaminated
substances
or
mixtures
that
are
to
be
used
for
petitions
filed
under
paragraphs
§
750.31(
a)(
1)­(
9)
[
§
761.80(
n)].

Subpart
F
 
Transboundary
Shipments
of
PCBs
for
Disposal
(#
39)
Import
and
Export
for
Disposal:
By
Statute,
no
person
may
import
or
export
PCBs
or
PCB
Items
for
disposal
without
an
exemption
issued
under
the
authority
of
TSCA
Section
6(
e)(
3)
[
§
§
761.93(
a)
and
.97(
a)].
­
45­
Subpart
G
 
PCB
Spill
Cleanup
Policy
(#
40)
Reporting
of
PCB
Spills:
Parties
responsible
for
the
following
types
of
PCB
spills
must
notify
EPA
to
obtain
cleanup
guidance:
spills
that
directly
contaminate
surface
waters,
sewers,
or
drinking
water
supplies;
spills
that
directly
contaminate
grazing
lands
or
vegetable
gardens;
spills
that
exceed
10
pounds
of
PCBs
by
weight
[
§
§
761.125(
a)(
1)(
i)
to
(
iii)].

Subpart
J
 
General
Records
and
Reports
(#
41)
Annual
Reports
for
Waste
Disposed
of
by
the
Waste
Generator:
Owners/
operators
of
PCB
disposal
facilities,
including
owners/
operators
who
dispose
of
PCB
waste
generated
at
his/
her
own
facilities,
and
owners
of
commercial
storage
facilities,
shall
submit
annual
reports
to
the
RA.
The
reports
shall
summarize
the
records
and
annual
document
logs
required
to
be
maintained
and
prepared
under
§
761.180(
b)(
1)
and
(
b)(
2)
of
this
section.
Within
30
days
of
suspending
the
operation
of
any
incinerator,
the
owner/
operator
of
the
facility
must
submit
a
document
to
EPA
that
includes
the
date
and
time
of
the
suspension
and
an
explanation
of
the
circumstances
causing
the
suspension
of
operations
[
§
§
761.180(
b),
(
b)(
3),
and
(
c)(
5)].

(#
41a)
Records
of
Reclassified
PCB
Equipment:
Owners
of
reclassified
PCB
electrical
equipment
must
promptly
provide
records
pertaining
to
the
reclassification
of
PCB
equipment,
if
requested
by
EPA.
Also
see
#
68a
and
#
75
[
§
761.180(
g)].

(#
42)
Notification/
Certification
of
Product
Contamination
by
Inadvertent
PCBs:
Manufacturers
with
processes
inadvertently
generating
PCBs
and
importers
of
products
containing
inadvertently
generated
PCBs
must
report
to
EPA
within
90
days
any
excluded
manufacturing
process
or
imports
for
which
the
concentration
of
PCBs
in
products
leaving
the
manufacturing
site
or
imported
is
>
2
ug/
g
(
roughly
2ppm)
for
any
resolvable
gas
chromatographic
peak.
Manufacturers
who
must
submit
the
report
must
transmit
a
letter
notifying
EPA
of
the
number,
type,
and
location
of
the
excluded
manufacturing
process.
Persons
must
also
certify
compliance
with
the
requirements
of
§
761.1(
f),
specify
whether
the
compliance
is
determined
by
actual
monitoring
or
theoretical
assessments;
and
maintain
determinations
of
compliance.
Facilities
with
compliance
based
on
theoretical
assessment
must
also
notify
EPA
of
the
estimated
PCB
concentration
levels
generated
and
released
[
§
761.185].

(#
43)
Notification
When
PCB
Releases
Exceed
Limits:
Owners/
operators
of
excluded
manufacturing
processes
must
report
to
EPA
the
total
quantity
of
inadvertently
generated
PCBs
released
into
the
air
and
or
water
from
these
processes
when
the
total
quantity
of
each
type
of
release
in
any
calendar
year
exceeds
10
pounds
[
§
761.187].

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
(#
44)
Notify
EPA
of
PCB
Waste
Activity:
All
generators
with
on­
site
storage,
commercial
storers,
transporters,
and
disposers
of
PCBs
shall
notify
EPA
of
their
PCB
waste
activity
by
filing
­
46­
EPA
Form
7710­
53
(
see
Appendix
D)
prior
to
engaging
in
PCB
waste­
handling
activities.
The
form
includes
individuals
engaged
in
R&
D
and
treatability
studies
and
owners
of
scrap
metal
recovery
ovens/
smelters
and
HEBs.
This
one­
time
notification
form
asks
for
a
statement
of
the
type
of
activity
taking
place
at
the
facility,
the
location
of
the
facility,
name
and
address
of
the
owner,
and
the
facility
point­
of­
contact.
EPA
issues
an
identification
number
or
verifies
an
existing
RCRA
identification
number
[
§
§
761.202(
a);
205(
a)
to
(
c)].

(#
45)
Changes
in
Waste
Handling
Activities:
Individuals
who
make
changes
in
their
wastehandling
activities
(
e.
g.,
relocating
or
assuming
additional
activities)
are
required
to
submit
an
amended
notification
form
30
days
after
the
change
in
activity
occurs.
The
information
is
collected
using
a
one­
page
form
(
EPA
Form
7710­
53)
that
has
previously
been
approved
by
OMB
(
OMB
Control
No.
2070­
0112)
and
requires
minimal
effort
to
complete
[
§
761.205(
f)].

(#
46)
Exception
Reports:
When
a
generator
uses
an
independent
transporter,
he
or
she
must
confirm
by
telephone
or
other
convenient
means
that
the
commercial
storer
or
disposer
actually
received
the
manifested
waste.
If
the
disposal
facility
did
not
receive
the
waste,
the
generator
shall
contact
the
transporter
to
determine
the
disposition
of
the
waste.
If
the
generator
has
not
received
a
manifest
from
the
disposal
facility,
the
generator
shall
submit
an
exception
report
to
the
EPA
RA
A
disposer
shall
submit
a
One­
Year
Exception
Report
to
EPA
within
45
days
from
the
end
of
the
1­
year
storage
for
disposal
date
when
the
facility
receives
the
PCBs
on
a
date
more
than
9
months
from
the
date
when
the
PCBs
were
removed
from
service
for
disposal
or
when
the
facility
can
no
longer
dispose
of
the
PCBs
within
the
1­
year
date
due
to
contractual
commitments
or
other
factors
affecting
the
facility's
disposal
capacity.
Generators
or
commercial
storers
shall
submit
One­
Year
Exception
Reports
when
they
transferred
PCB
wastes
within
9
months
from
the
date
of
removal
from
service
for
disposal,
when
the
facility
has
not
received
a
Certificate
of
Disposal
within
13
months
from
the
date
the
waste
was
removed
from
service,
or
has
received
a
Certificate
of
Disposal
more
that
1
year
after
the
date
the
waste
was
removed
from
service
[
§
§
761.208(
a)(
4);
.215(
b)
to
(
d)].

(#
47)
Discrepancy
Reporting:
Upon
discovering
a
significant
discrepancy,
the
owner/
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,
the
owner
or
operator
shall
immediately
submit
to
the
RA
a
letter
describing
the
discrepancy
and
attempts
to
reconcile
it,
and
a
copy
of
the
manifest
or
shipping
paper
at
issue
[
§
761.210(
b)].

(#
48
­
49)
Unmanifested
Waste
Reports:
Disposers
must
submit
unmanifested
waste
reports
to
EPA
when
they
accept
a
shipment
of
PCB
waste
without
an
accompanying
manifest.
If
an
owner
or
operator
of
a
commercial
storage
or
disposal
facility
cannot
contact
the
generator
of
the
PCB
waste,
he
or
she
shall
notify
the
RA
so
that
the
RA
can
determine
whether
further
actions
are
required
before
the
owner
or
operator
may
store
or
dispose
of
the
unmanifested
PCB
waste
[
§
761.211(
b)].
Within
15
days
after
receiving
the
unmanifested
PCB
waste,
the
owner/
operator
shall
prepare
a
report
to
the
RA
of
the
Region
where
the
storage
or
disposal
­
47­
facility
is
located
and
the
Region
in
which
the
PCB
waste
originated.
The
report
shall
include
the
EPA
facility
identification
numbers,
facility
information,
date
the
waste
was
received,
description
of
the
waste,
explanation
why
the
waste
was
unmanifested,
if
the
waste
was
stored
or
disposed,
if
the
generator
was
identified,
if
a
manifest
was
subsequently
supplied,
and
if
and
when
the
waste
was
sent
back
to
the
generator
[
§
761.211(
c)].

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

(#
50)
Results
of
Analysis
and
Decontamination
Validation
Studies:
Persons
using
the
selfimplementing
criteria
for
validating
the
conditions
for
the
performance­
based
decontamination
of
solvents
must
submit
validation
study
results
to
EPA
[
§
§
761.395
and
.398].

(
B)
Third­
Party
Reports.
Respondents
are
required
to
submit
information
to
entities
other
than
EPA
headquarters
or
the
RA,
such
as
to
State,
Tribal,
county
or
local
officials,
waste
generators,
transporters,
storers,
and
disposers,
or
the
public.

40
CFR
761
Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
(#
51)
Certification
for
Burners
of
Used
Oil:
Before
the
first
shipment
of
used
fuel
oil
containing
detectable
PCBs,
the
burner
of
the
oil
must
provide
a
one­
time
written
certification
to
the
marketer
of
the
oil
that
the
incinerator
is
in
compliance
with
the
notification
requirements
of
§
761.71(
a)(
2)
or
40
CFR
279,
Subpart
G.
This
regulation
also
applies
to
marketing
or
burning
for
energy
recovery
liquids
containing
PCBs
at
concentrations
<
50
ppm
at
the
time
of
removal
from
a
natural
gas
pipeline
system
[
§
§
761.20(
e)(
3)(
ii);
.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)(
B)].

(#
52)
Transformer
and
Voltage
Regulator
Fire
Emergency
Notification:
Owners
of
PCB
Transformers
and
PCB
Voltage
Regulators
(
containing

500
ppm
PCBs)
must
report
any
firerelated
incidents
involving
this
equipment
and
the
release
of
PCBs
to
the
National
Response
Center.
Information
must
be
provided
regarding
the
type
of
PCB
Transformer
installation
involved
in
the
incident
(
e.
g.,
high
or
low
secondary
voltage
network
transformer,
high
or
low
secondary
voltage
radial
system,
expanded
radial
system,
primary
selective
system,
primary
loop
system,
or
secondary
selective
system)
and
the
readily
ascertainable
cause
of
the
fire
(
e.
g.,
high
current
fault
in
the
primary
or
secondary
or
low
current
fault
in
secondary).
The
NRC
notifies
the
appropriate
Regional
Administrator
[
§
§
761.30(
a)(
1)(
xi)
and
(
xv)(
A);
(
h)(
1)(
ii)(
B)].

(#
53)
Notification
to
Owners
of
PCB
Transformers:
Users
of
a
PCB
Transformer
in
use
or
stored
for
reuse
that
may
pose
an
exposure
risk
to
food
or
feed
must
notify
the
owner
of
the
Transformer
[
§
761.30(
a)(
1)(
xiv)].

(#
54)
Registering
Newly
Discovered
PCB
Transformers:
In
the
event
that
a
mineral
oil
­
48­
transformer
assumed
to
contain
<
500
ppm
PCBs
is
tested
and
found
to
be
contaminated
at

500
ppm,
the
owner
of
the
PCB
Transformer
must
register
the
equipment
with
the
building
owner
(
and
EPA;
see
#
3)
within
30
days
of
discovery
[
§
§
761.30(
a)(
1)(
xv)(
D)].

Subpart
D
 
Storage
and
Disposal
(#
55)
Documentation
About
and
Disposal
Approval
for
PCB­
Contaminated
Liquids:
Prior
to
any
chemical
waste
landfill
disposing
of
PCB­
Contaminated
liquids
from
incidental
sources
associated
with
non­
liquid
PCB
waste,
the
landfill
owner/
operator
must
be
provided
with
documentation
that
shows
that
the
waste
does
not
exceed
500
ppm
PCBs,
that
it
is
not
an
ignitable
waste
as
described
in
§
761.75(
b)(
8)(
iii),
and
that
disposal
does
not
violate
40
CFR
§
268.32(
a)(
2)
and
§
268.42(
a)(
1),
which
list
specific
hazardous
wastes
prohibited
from
land
disposal,
including
liquid
hazardous
wastes
containing
PCBs
>
50
ppm
[
§
761.60(
a)(
3)(
ii)].

(#
56)
Inclusion
of
Abandoned
Natural
Gas
Pipes
in
Public
Service
Notification
Programs:
One
disposal
option
for
natural
gas
pipeline
systems
containing
PCBs
at
any
concentration
but
no
free­
flowing
liquids,
and
having
a
nominal
inside
diameter
of

4
inches,
is
to
seal
each
end
closed,
abandon
the
pipes
in
the
place
where
they
were
used
to
transport
natural
gas,
and
include
them
in
a
public
service
notification
program,
such
as
a
one­
call
system
under
49
CFR
192.614(
a)
and
(
b).
One­
call
systems
are
programs
run
by
utility
companies
to
inform
landowners
that
they
should
contact
the
utility
companies
before
beginning
any
excavation
work
on
their
property
to
avoid
disturbing
underground
utility
pipes
[
§
761.60(
b)(
5)(
i)(
A)(
1)].

(#
57)
Notification
About
Approved
PCB
Disposal
Facilities:
Each
operator
of
a
chemical
waste
landfill,
incinerator,
or
approved
alternative
disposal
technology
meeting
the
incineration
standard
must
notify
State
and
local
officials
at
least
30
days
prior
to
the
first
use
of
the
facility.
[
§
761.60(
f)(
1)(
i)].

(#
58)
Annual
Notification
about
PCBs
Disposed
of:
If
requested
by
State
and
local
officials,
each
operator
of
a
chemical
waste
landfill,
incinerator,
or
approved
alternative
to
incineration
must
provide
annual
information
about
the
quantities
and
types
of
PCBs
disposed
of
[
§
761.60(
f)(
1)(
ii)].

(#
59)
Notification
to
State
and
Local
Officials
of
PCB
Activities:
Any
person
may
conduct
R&
D
for
PCB
disposal
without
prior
written
approval
from
EPA,
if
they
meet
certain
conditions,
one
of
which
is
to
notify
State
and
local
environmental
agencies
at
least
30
days
prior
to
beginning
the
activities.
Each
written
notification
must
contain
the
EPA
identification
number
for
the
site,
the
quantity
of
PCBs
to
be
treated,
the
type
of
R&
D
technology
to
be
used,
the
physical
and
chemical
properties
of
the
materials
being
treated,
and
an
estimation
of
the
duration
of
the
activities
[
§
761.60(
j)(
i)(
ii)].
­
49­
(#
60)
Manifest
R&
D
PCB
Wastes:
Research
facilities
must
use
manifests,
pursuant
to
Subpart
K,
for
all
R&
D
PCB
wastes
being
transported
from
the
R&
D
facility
to
an
approved
PCB
storage
or
disposal
facility
for
disposal.
Manifests
are
not
needed
if
the
residuals
are
returned
to
the
site
of
generation
[
§
761.60(
j)(
1)(
vii)].

(#
61)
Self­
implementing
Remediation:
Owners
of
remediation
sites
are
required
to
notify,
in
writing,
the
appropriate
State
(
or
tribal),
county
(
or
local)
environmental
agencies
at
least
30
days
prior
to
conducting
remediation
activities.
The
notification
must
include
the
following
information:
the
nature
of
the
contamination,
a
summary
of
the
procedures
used
to
sample
contaminated
and
adjacent
areas,
a
table
or
cleanup
site
map,
the
location
and
extent
of
PCB
contaminated
areas,
including
topographic
maps,
and
a
cleanup
plan
for
the
site
[
§
761.61(
a)(
3)(
i)].

(#
62)
Notification
of
Pending
PCB
Shipments:
Generators
of
bulk
PCB
remediation
waste
must
provide
written
notice
to
each
off­
site
facility
where
the
waste
is
destined
that
is
not
subject
to
a
TSCA
PCB
disposal
approval
about
the
quantity
and
the
highest
concentration
of
PCBs
shipped,
at
least
15
days
before
the
first
shipment
of
the
waste
from
each
cleanup
site
[
§
761.61(
a)(
5)(
i)(
B)(
2)(
iv)].

(#
63)
Deed
Restrictions
on
Property
Where
Remediation
Projects
Have
Been
Conducted:
Within
60
days
of
completion
of
a
cleanup
activity
and
in
accordance
with
State
law,
site
owners
must
record
a
notation
on
the
deed
to
the
property,
or
on
some
other
instrument
that
is
normally
examined
during
the
title
search,
that
will
in
perpetuity
notify
any
potential
purchaser
of
the
property
that
the
land
has
been
used
for
disposal
of
PCB
remediation
waste,
the
site
is
restricted
for
use,
and
the
fence
or
cap
must
be
maintained,
as
well
as
the
applicable
cleanup
levels
left
at
the
site.
This
notice
becomes
a
permanent
attachment
to
the
deed
[
§
761.61(
a)(
8)(
i)(
A)].

(#
64)
Disposal
of
PCB
Bulk
Product
Waste:
Any
person
disposing
off
site
of
PCB
bulk
product
waste
under
paragraph
(
b)(
1)
at
a
waste
management
facility
not
having
a
commercial
PCB
storage
or
disposal
approval,
must
provide
written
notification
to
the
receiving
facility
a
minimum
of
15
days
in
advance
of
the
first
shipment
from
the
same
disposal
waste
stream.
The
notice
shall
state
that
the
waste
may
include
components
containing
PCBs
at

50
ppm
and
that
the
waste
is
known
or
presumed
to
leach
<
10
ug/
L
PCBs.
The
objective
of
the
notification
is
to
alert
the
waste
facilities
and
prevent
the
generator
from
sending
a
waste
to
a
facility
that
may
be
restricted
from
receiving
PCBs,
based
on
a
State­
issued
permit
[
§
§
761.62(
b)(
4)(
i)
and
761.357].
Any
person
disposing
off
site
of
PCB
bulk
product
waste
under
paragraph
(
b)(
2)
at
the
same
type
of
facility
must
comply
with
the
same
notification
requirements,
except
that
the
notice
shall
state
that
the
waste
is
known
or
presumed
to
leach

10
ug/
L
PCBs
[
§
§
761.62(
b)(
4)(
i)
and
(
ii);
761.357
and
.359].

(#
65)
Notations
on
PCB
Items
and
Containers:
To
store
PCB
Items,
either
for
disposal
or
temporarily
in
areas
that
do
not
comply
with
§
761.65(
b)
for
up
to
30
days
from
the
date
of
an
Item's
removal
from
service,
owners
of
the
Items
must
place
on
the
Item
the
date
it
is
removed
­
50­
from
service.
Items
that
can
be
temporarily
stored
include
non­
leaking
PCB
Articles
and
PCB
Equipment;
leaking
PCB
Articles
and
Equipment
if
the
PCB
Items
are
placed
in
a
non­
leaking
PCB
Container;
PCB
Containers
containing
non­
liquid
PCBs;
or
PCB
Containers
containing
liquid
PCBs
at
concentrations

50
ppm
in
areas
with
SPCC
plans
[
§
§
761.65(
c)(
1)
and
(
8)].

(#
66)
Notification
of
Shipping
Laboratory
Samples:
To
qualify
for
the
exemption
from
manifesting
laboratory
sampling
wastes,
as
per
§
761.65(
i)(
2)(
i)
and
(
ii),
the
sample
collector
shipping
the
samples
to
a
laboratory
and
a
laboratory
returning
samples
to
a
sample
collector
must
comply
with
applicable
DOT
requirements
found
at
49
CFR
173.345
and
U.
S.
Postal
Service
regulations,
652.2
and
652.3.
Information
on
the
sample
collector,
the
laboratory,
and
date
of
shipment
must
accompany
a
PCB
sample
when
it
is
shipped
to
the
testing
laboratory
or
back
to
the
sample
collector
[
§
761.65(
i)(
3)].

Subpart
G
 
PCB
Spill
Cleanup
Policy
(#
67)
Requirements
for
the
Spill
Cleanup
Policy:
Spills
involving
1
pound
or
more
by
weight
of
PCBs
must
be
reported
to
the
National
Response
Center
[
§
761.125(
a)(
1)].

(#
68)
Notification
of
PCB
Contamination
at
a
Cleanup
Site:
Parties
responsible
for
cleaning
up
PCB
spills
as
per
the
Spill
Cleanup
Policy
can
cleanup
the
site
to
50
ppm
PCBs
by
weight
(
as
opposed
to
25
ppm)
provided
that
a
label
or
notice
is
visibly
placed
in
the
area
[
§
761.125(
c)(
2)(
ii)].

(#
68a)
Records
Pertaining
to
Reclassification
of
PCB
Equipment:
Owners
of
reclassified
PCB
electrical
equipment
must
promptly
provide
records
of
reclassified
PCB
equipment
to
any
party
holding
or
possessing
the
equipment
(
for
example,
through
sale,
loan,
lease,
or
for
servicing).
Also
see
#
41a
and
#
75
[
§
761.180(
g)].

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
(#
69)
Manifests
for
PCB
Wastes:
Generators
who
relinquish
control
over
PCB
wastes
by
transporting,
or
offering
for
transport,
PCB
waste
for
commercial
off­
site
storage
or
disposal
shall
prepare
a
manifest
(
EPA
Form
8700­
22),
which
specifies
the
identity
of
the
waste,
the
earliest
date
of
removal
from
service
for
disposal,
the
weight
in
kilograms
of
the
waste,
the
unique
identifying
number
of
a
PCB
Article
Container
or
PCB
Container,
the
serial
number
or
other
identification
of
PCB
Articles
not
in
containers
[
§
761.207(
a)].
For
bulk
shipments
within
the
United
States
transported
solely
by
water,
waste
generators
are
required
to
provide
three
copies
of
the
dated
and
signed
manifests
to
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility
[
§
761.208(
a)(
2)].
For
rail
shipments
of
PCB
wastes
that
originate
at
the
site
of
generation,
the
generator
shall
send
at
least
three
copies
of
the
manifest
to
the
next
non­
rail
shipper,
if
any,
and
the
designated
commercial
storage
or
disposal
facility,
if
transported
solely
by
rail
[
§
761.208(
a)(
3)].
­
51­
(#
70)
Send
Manifest
to
Generator:
When
a
commercial
storage
or
disposal
facility
receives
an
offsite
shipment
of
PCB
waste
accompanied
by
a
manifest,
the
owner/
operator
of
the
facility
must
send
a
copy
of
the
manifest
to
the
generator
within
30
days
after
the
delivery.
When
a
commercial
storage
or
disposal
facility
receives
a
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
number,
generator's
certification,
and
signatures,
the
owner/
operator
of
the
facility
shall
send
a
copy
of
the
manifest
or
shipping
paper
to
the
generator
[
§
761.208
(
c)(
1)(
iv)
and
(
c)(
2)(
iv)].

(#
71)
Certificates
of
Disposal
to
Waste
Generators:
Owners
or
operators
of
disposal
facilities
must
send
Certificates
of
Disposal
to
generators
of
PCB
wastes
identified
on
the
manifests
that
accompany
each
shipment.
The
Certificates
must
be
sent
within
30
days
of
the
date
that
the
disposal
of
each
item
of
PCB
waste
identified
on
the
manifest
was
completed,
unless
the
generator
and
the
disposer
agree
to
another
time
frame.
The
Certificate
of
Disposal
shall
identify
the
disposal
facility
and
waste
affected
by
the
certificate
and
include
a
statement
certifying
the
date
of
disposal
and
disposal
process
for
the
identified
PCB
waste
[
§
761.218(
a)
and
(
b)].

(
C)
Records.
Respondents
are
required
to
maintain
records
as
follows:

40
CFR
761
Subpart
A
 
General
(#
72)
Recordkeeping
of
Excluded
Manufacturing
Processes
and
Certification:
Chemical
manufacturers
and
importers
of
products
that
contain
inadvertently
generated
PCBs
(
i.
e.,
excluded
manufacturing
processes)
must
maintain
the
monitoring
data
(
or
other
analyses)
that
were
used
to
support
the
determination
of
compliance
with
the
conditions
of
§
761.3,
and
copies
of
the
signed
certification
of
compliance.
These
recordkeeping
requirements
expire
under
their
own
terms,
either
three
years
after
the
manufacturer
has
ceased
operating
the
process
that
necessitated
notification,
or
after
seven
years,
whichever
is
a
shorter
retention
period.
Monitoring
records
must
contain
the
method
of
analysis;
the
results
of
the
analysis,
including
data
from
the
Quality
Assurance
Plan;
a
description
of
the
sample
matrix,
the
name
of
the
analyst
or
analysis;
the
date
and
time
of
the
analysis;
and
numbers
for
the
lots
from
which
the
samples
are
taken
[
§
§
761.1(
f)(
1),
.185(
c)(
2)
and
(
d),
and
.193].

Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
(#
73)
Records
of
Marketing
Used
Oil:
Marketers
who
first
claim
used
oil
does
not
contain
detectable
levels
of
PCBs
must
retain
records
supporting
the
claim
and
a
copy
of
each
certification
notice
received
or
prepared
relating
to
transactions
involving
PCB­
containing
used
oil.
Burners
must
include
among
the
records
a
copy
of
each
certification
notice
that
has
been
provided
to
a
marketer
of
PCB­
containing
used
oil.
These
requirements
also
apply
to
persons
who
market
or
burn
for
energy
recovery
liquid
containing
PCBs
at
concentrations
<
50
ppm
PCBs
­
52­
at
the
time
of
removal
from
a
natural
gas
pipeline
system
[
§
§
761.20(
e)(
4)(
i)
and
(
ii);
.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)(
B)].

(#
74)
Records
of
PCB
Transformer
Registration,
Inspection,
and
Maintenance:
Individuals
are
required
to
retain
a
copy
of
the
transformer
registration
and
the
return
receipt
signed
by
the
EPA
and
records
of
inspection
and
maintenance
history
for
a
period
of
3
years
after
the
disposal
of
the
transformer(
s).
The
records
also
shall
contain
information
of
the
location
of
each
transformer;
inspection
dates;
date
of
discovery
of
any
leaks;
inspector's
name;
location
of
any
leaks;
estimate
of
the
amount
of
dielectric
fluid
leaked;
date
and
description
of
any
cleanup,
containment,
repair,
or
replacement;
the
results
of
any
containment
and
daily
inspection
required
for
uncorrected
active
leaks;
and
any
transfer
of
ownership
of
PCB
Items
[
§
§
761.30(
a)(
1)(
vi)(
C),
(
xii),
and
(
xiv)].

(#
75)
Records
of
Reclassified
PCB
Equipment:
Owners
of
reclassified
PCB
equipment
must
maintain
records
at
the
facility
where
the
equipment
has
been
reclassified
to
a
lower
PCB
concentration
for
a
period
of
3
years
after
reclassified
and
sold,
transferred,
or
disposed.
These
records,
generated
during
the
normal
course
of
the
reclassification
procedure,
must
show
that
the
equipment
was
reclassified
following
the
required
reclassification
procedure.
When
these
procedures
require
testing,
the
records
must
include
copies
of
the
pre­
and
post­
reclassification
PCB
concentration
of
the
unit,
taken
by
a
laboratory
using
quality
control
and
quality
assurance
procedures.
Equipment
includes
transformers,
voltage
regulators,
electromagnets,
and
switches.
Also
see
#
41a
and
#
68a
[
§
§
761.30(
a)(
2)(
v)(
C)
and
(
D);
.30(
h)(
2)(
v)(
C)
and
(
D),
and
.180(
g)].

(#
76)
Natural
Gas
Pipeline
Data:
PCBs
at
concentrations
of

50
ppm
are
authorized
for
use
in
natural
gas
pipelines
if
certain
actions
are
taken
to
characterize
the
concentration
and
extent
of
contamination,
as
well
as
remedial
measures
taken
to
reduce
the
PCB
concentrations
below
regulated
levels.
Records
of
the
results
of
the
sampling
and
analysis
as
well
as
any
actions
taken
or
not
taken
to
reduce
the
PCB
concentrations
must
be
kept
for
3
years
after
the
PCB
concentrations
have
been
reduced
to
below
regulated
levels.
EPA
expects
the
recordkeeping
burden
to
be
minimal
as
the
regulations
allow
for
use
of
historical
data.
Owners
or
operators
of
natural
gas
pipeline
systems
that
do
not
include
sources
of
PCB
contamination
(
e.
g.,
natural
gas
compressors,
natural
gas
scrubbers,
and
natural
gas
filters)
containing

50
ppm
PCBs
also
must
comply
with
the
recordkeeping
requirements
[
§
§
761.30(
i)(
1)(
iii)(
B)
and
(
C)].

(#
77)
Records
of
Equipment
Stored
for
Reuse:
Owners
of
PCB
Articles
stored
for
reuse
must
maintain
records
starting
at
and
indicating
the
time
the
PCB
Article
is
removed
from
use
or
starting
from
August
28,
1998,
if
the
date
it
was
removed
from
use
is
not
known.
The
records
must
also
include
the
projected
location
and
the
future
use
of
the
PCB
Article,
and,
if
applicable,
the
date
the
PCB
Article
is
scheduled
for
repair
or
servicing
[
§
761.35(
a)(
2)].
­
53­
Subpart
C
 
Marking
(
#
78)
Records
for
Identifying
PCB
Large
Low
Voltage
Capacitors:
Owners
or
operators
of
PCB
Large
Capacitors
located
in
protected
locations
must
maintain
a
record
for
identifying
the
PCB
Capacitors,
but
only
if
they
choose
not
to
mark
each
capacitor
individually
[
§
§
761.40(
c)(
2)(
ii)
and
(
k)].

Subpart
D
 
Storage
and
Disposal
(#
79)
Records
of
Disposal
for
R&
D
Facilities:
The
self­
implementing
provisions
under
§
761.60(
j)
allow
individuals
to
conduct
research
and
development
for
PCB
disposal.
One
of
the
provisions
is
that
R&
D
facilities
must
comply
with
existing
recordkeeping
requirements
in
§
761.180
(
e.
g.,
maintain
the
annual
document
log
and
annual
records)
and
the
applicable
storage
and
disposal
requirements
in
Subpart
D
[
§
761.60(
j)(
1)(
ix)].

(#
80)
Records
of
Remediation
Activities:
Individuals
conducting
self­
implementing
remediation
projects
are
required
to
maintain
records
of
the
sampling
plans,
sample
collection
procedures,
sample
preparation
procedures,
extraction
procedures,
and
instrumental/
chemical
analysis
procedures
used
to
assess
or
characterize
the
PCB
contamination
at
the
cleanup
site.
Persons
using
alternate
methods
for
chemical
extraction
and
chemical
analysis
for
site
characterization
must
keep
on
file
records
of
a
comparison
study
that
meets
or
exceeds
the
requirements
of
§
761.269(
c)
[
§
§
761.61(
a)(
3)(
i)(
E)
and
(
a)(
6),
and
Subparts
O
and
Q].

(#
81)
Waivers
of
the
Notification
Requirement:
Under
the
self­
implementing
remediation
provisions
of
§
761.61,
individuals
who
receive
a
waiver
of
the
30­
day
notification
requirement
must
maintain
the
original
written
waivers
received
from
each
of
the
agencies
they
are
required
to
notify
under
this
section
(
i.
e.,
the
RA,
State
and
county
(
or
local)
environmental
offices)
[
§
761.61(
a)(
3)(
iii)].

(#
82)
Records
of
Remediation
Cleanup
Activities:
For
the
cleanup
of
bulk
PCB
remediation
waste,
non­
porous
surfaces,
porous
surfaces,
and
liquids,
site
owners
must
keep
records
as
per
§
761.125(
c)(
5)
for
a
period
of
5
years.
The
records
must
identify
the
source
of
the
spill
and
include
information
on
the
estimated
or
actual
date
of
the
spill,
the
date
cleanup
was
completed
or
terminated,
a
brief
description
of
spill
location
and
the
nature
of
the
materials
contaminated,
pre­
cleanup
sampling
data
used
to
establish
spill
boundaries,
a
brief
description
of
the
solid
surfaces
cleaned,
the
approximate
depth
of
soil
excavation
and
the
amount
of
soil
removed,
post
cleanup
verification
sampling
data,
and
a
brief
description
of
the
sampling
methodology
[
§
761.61(
a)(
9)].

(#
83)
Records
of
Sampling
and
Analysis
of
PCB
Bulk
Product
Waste:
Persons
disposing
of
PCB
bulk
product
waste
in
solid
waste
landfills
must
keep
records
of
the
sampling
and
analysis
of
PCB
bulk
product
waste
as
well
as
required
notifications.
The
records
must
be
maintained
for
3
years
from
the
date
of
their
creation
and
made
available
to
EPA
upon
request
[
§
761.62(
b)(
5)].
­
54­
(#
84)
Attempts
to
Secure
Disposal
:
The
regulations
include
a
provision
that
would
grant
individuals
an
automatic
1­
year
extension
to
store
waste
beyond
the
1­
year
deadline
for
disposal
if
certain
conditions
are
met.
One
of
the
conditions
is
that
the
individual
must
maintain
a
written
record
of
his
efforts
to
secure
disposal
capacity
until
the
waste
is
disposed.
These
records
must
be
made
available
for
inspection
by
the
EPA
[
§
§
761.65(
a)(
2)(
ii),
and
(
3)].

(#
85,
86)
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
Plan:
Owners/
operators
of
facilities
using
PCB
storage
containers,
as
per
29
CFR
1910.106,
must
prepare
SPCC
plans.
SPCC
plans
are
also
necessary
to
temporarily
store
containers
of
PCB
liquids
>
50
ppm.
An
SPCC
plan
is
necessary
when
an
individual
has
not
previously
stored
liquid
PCBs
on
a
temporary
basis.
[
§
§
761.65(
c)(
1)(
iv)
and
(
7)(
ii)].

(#
87)
Records
of
PCB
Items
in
Stationery
Storage
Containers:
PCB
Items
shall
be
dated
when
removed
from
service
for
disposal.
For
each
batch
of
PCBs
added
to
storage
containers,
as
per
§
761.65(
c)(
7),
owners
of
the
containers
shall
maintain
a
record
that
includes
the
quantity
of
the
batch
and
date
the
batch
was
added
to
the
container.
The
record
shall
also
include
the
date,
quantity,
and
disposition
of
any
batch
of
PCBs
removed
from
the
container
[
§
761.65(
c)(
8)].

(#
88)
Records
of
Storage
for
Disposal
of
PCBs
and
PCB
Items:
Owners/
operators
of
commercial
storage
facilities
must
establish
and
maintain
records,
as
per
§
761.180,
for
the
storage
and
disposal
PCBs
and
PCB
Items

50
ppm
[
§
§
761.65(
c)(
10)
and
.180].

(#
89)
Incinerator
Records:
Owners
and
operators
of
incinerators
must
keep
records
5
years
after
the
date
of
collection
of
the
quantity
of
PCBs
fed
into
the
incinerator
and
the
rate
at
which
the
PCBs
are
fed,
the
temperature
of
the
incineration
process,
the
results
of
continuous
monitoring
of
combustion
products
for
oxygen
and
carbon
monoxide,
at
a
frequency
specified
by
EPA,
and
information
on
the
weight
of
solid
residue
generated
by
the
incinerator
[
§
§
761.70(
a)(
3),
(
4),
and
(
7);
(
c);
and
.180(
c)].

(#
90)
High
Efficiency
Boiler
(
HEB)
Feed
Rate
and
Emissions
Record
Retention:
Persons
burning
liquids
other
than
mineral
oil
dielectric
fluid,
containing
PCBs
between
50
and
500
ppm,
in
an
approved
HEB
must
retain
the
following
records
for
a
period
of
5
years:
the
quantity
of
low
concentration
PCBs
burned
in
the
boiler
each
month,
monthly
waste
analysis
records,
and
the
data
required
in
§
§
761.71(
b)(
1)(
vi)
and
(
b)(
1)(
vii),
which
includes
the
carbon
monoxide
concentration
and
excess
oxygen
percentage
in
the
stack
gas;
the
fuel
feed
rate;
waste
fluid
feed
rate;
and
the
quantities
of
fuel
and
waste
fluid
fed
to
the
boiler
[
§
§
761.71(
a)(
1)(
vi)
and
(
vii),
(
a)(
4),
(
b)(
1)(
vi)
and
(
b)(
1)(
vii),
(
b)(
5),
and
.180(
e)].

(#
91)
PCB
Disposal
Using
Scrap
Metal
Recovery
Ovens
and
Smelters:
The
use
of
scrap
metal
recovery
ovens
and
smelters
is
authorized
for
disposing
of
PCB­
contaminated
items
when
the
equipment
meets
certain
operating
parameters
and
conditions.
One
of
these
parameters
addresses
the
temperature
of
the
hearth
(
i.
e.,
at
least
1,000

C
when
charged
with
PCB
Items).
Operators
are
required
to
record
the
temperature
and
retain
the
data
at
the
facility
for
3
years
­
55­
from
the
date
each
charge
is
introduced.
Because
these
devices
are
considered
disposal
units,
owners
of
the
equipment
must
meet
all
applicable
recordkeeping
requirements
in
40
CR
761
Subparts
J
and
K
(
e.
g.,
maintain
annual
document
log
and
annual
records)
[
§
§
761.72(
a)(
9)
and
(
b)(
6)].

(#
92)
Chemical
Waste
Landfill
Records:
Owners/
operators
of
chemical
waste
landfills
that
dispose
of
PCBs
must
maintain
records
at
least
20
years
after
a
facility
ceases
disposal
operations
of
all
PCB
disposal
operations,
including
PCB
concentration
in
liquid
wastes,
the
threedimensional
burial
coordinates
for
PCBs
and
PCB
Items,
water
sampling
and
analysis
(
i.
e.,
samples
of
surface
and
ground
water
at
locations
and
frequencies
specified
by
EPA
in
their
approvals),
and
additional
records.
The
samples
must
be
analyzed
for
PCBs,
pH,
specific
conductance,
and
chlorinated
organics
[
§
§
761.75(
b)(
6)(
iii)
and
(
b)(
8)(
iv)
and
.180(
d)].

(#
93,
94)
Decontamination
Activities:
If
individuals
follow
self­
implementing
decontamination
procedures
(
and
maintain
the
required
records),
they
will
not
need
to
obtain
a
PCB
disposal
approval,
as
is
currently
the
case,
to
decontaminate
for
continued
use
or
distribution
in
commerce
items
that
had
been
contaminated
with
PCBs.
Test
and
validation
results
of
performance­
based
decontamination
activities
using
PODFs
and
VADFs
must
be
retained
[
Subpart
T,
§
761.79(
d)(
4)].
Also,
individuals
that
conduct
PCB
decontamination
activities
must
maintain
records
of
sampling
activities
that
show
sampling
locations,
analytical
results,
and
information
about
the
wastes
generated
by
a
decontamination
process.
These
records
must
be
retained
at
the
site
of
decontamination
for
a
period
of
3
years
for
inspection
by
EPA
[
§
§
761.79(
f)(
1)
and
(
2)].

Subpart
E
 
Exemptions
(#
95,
96)
Manufacture
of
PCBs
and
Processing/
Distributing
of
Limited
Quantities
of
PCBs
or
PCBs
in
Waste
Materials
for
R&
D:
Under
the
class
exemptions
for
manufacturers
of
PCBs
and
processors
and
distributors
of
limited
quantities
of
PCBs
and
PCB
analytical
reference
samples
derived
from
waste
materials
for
purposes
of
research
and
development,
facilities
seeking
the
exemption
must
maintain
records
on
the
source(
s)
of
PCBs,
the
person(
s)
to
whom
the
PCBs
were
shipped,
and
the
amount(
s)
of
PCBs
received,
processed
and
distributed
in
commerce
annually.
These
records
must
be
retained
for
a
period
of
either
3
years
after
ceasing
the
processing
and/
or
distributing
operations
or
5
years
[
§
§
761.80(
e)(
5),
(
g)(
1),
and
(
i)(
7)].

Subpart
G
 
PCB
Spill
Cleanup
Policy
(#
97,
98)
Records
of
Spill
Cleanup
and
Delays:
Parties
responsible
for
cleaning
up
PCB
spills
must
maintain
documentation
of
the
cleanup
activities
and
certification
of
the
documentation
for
five
years.
Owners
of
PCB
spills
who
have
delayed
cleanup
because
of
circumstances
such
as
civil
emergency;
hurricane,
tornado,
or
other
similar
adverse
weather
conditions;
lack
of
access
due
to
physical
impossibility;
or
emergency
operating
conditions,
must
keep
records
documenting
the
fact
that
circumstances
precluded
rapid
response
[
§
§
761.125(
b)(
3),
(
c)(
1)
and
(
c)(
5)
and
­
56­
.61(
a)(
9)].

Subpart
J
 
General
Records
and
Reports
(#
99)
The
Annual
Document
Log
for
PCBs
and
PCB
Items:
Owners/
operators
of
PCBs
and
PCB
Items
in
service
or
projected
for
disposal
must
maintain
annual
records
and
a
written
annual
document
log
for
3
years
after
the
PCB
activities
cease.
The
records
must
include
signed
manifests,
Certificates
of
Disposal,
records
of
inspections
and
cleanups,
facility
and
Item
identification
information,
total
number
of
Items,
telephone
records,
and
Item
transfer
information.
Individuals
must
also
collect
and
maintain
documents,
correspondence,
and
data
pertaining
to
storage/
disposal
of
PCBs
that
have
been
provided
to
as
well
as
received
from
any
State
or
local
government
agency
and
any
application/
correspondence
submitted
to
local,
State,
or
Federal
permitting
authorities
[
§
§
761.180(
a),
(
a)(
4),
(
b),
and
(
f);
and
761.65(
c)(
5)].

(#
100)
Recordkeeping
of
Monitoring
Data
for
Inadvertently
Generated
PCBs:
Any
importers
of
or
manufacturers
generating
PCBs
in
excluded
manufacturing
process
must
maintain
for
a
period
of
3
years
after
ceasing
process
operations
or
importation,
or
for
7
years,
whichever
is
shorter,
monitoring
or
analytical
data
used
to
determine
compliance
of
import,
manufacture,
process,
distribution
in
commerce,
or
use
of
chemicals
containing
inadvertently
generated
PCBs.
The
manufacturers'
records
must
include
the
reaction(
s)
believed
to
be
generating
PCBs,
the
levels
of
PCBs
generated,
and
the
levels
of
PCBs
released.
Importer
records
must
include
the
reaction(
s)
believed
to
be
generating
PCBs,
the
levels
of
PCBs
generated,
the
basis
for
all
estimations
of
PCB
concentrations,
and
the
name
and
qualifications
of
the
person
performing
the
analyses.
Monitoring
data
must
include
the
method
of
analysis,
the
results
of
the
analysis,
description
of
the
plan
matrix,
names
of
the
analysts,
date
and
time
of
the
analysis,
and
number
for
the
lots
from
which
the
samples
were
taken
[
§
§
761.185(
c)(
2),
(
d),
and
.193(
a)
and
(
b)].

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
(#
101,
102)
Recordkeeping
of
Manifests
and
Certificates
of
Disposal:
PCB
waste
generators
must
retain
a
written
record
of
all
manifests
and
telephone
and
other
confirmations
regarding
manifesting
communications,
which
are
to
be
included
in
the
annual
document
log,
in
accordance
with
§
761.180
[
§
761.208(
a)].
Each
transporter,
storer,
and
disposer
must
retain
one
copy
of
each
manifest
or
shipping
paper
[
§
§
761.208(
b)
and
(
c)].
Each
PCB
waste­
handling
facility
that
initiates
or
receives
a
manifest
must
file
and
maintain
a
copy
of
each
manifest.
The
generator
of
PCB
waste
shall
keep
a
copy
of
each
manifest
until
the
generator
receives
a
signed
copy
from
the
designated
commercial
storage
or
disposal
facility
that
received
the
PCB
waste.
The
generator,
transporter,
and
owners/
operators
of
the
storage
and
disposal
facilities
shall
keep
a
copy
signed
by
the
storer
or
disposer
for
at
least
3
years
from
the
date
the
PCB
waste
was
accepted
by
the
initial
transporter.
[
§
761.209(
a)
to
(
d)].
Generators
and
commercial
storers
of
PCB
waste
must
also
maintain
a
copy
of
each
Certificates
of
Disposal
received
from
disposers
[
§
761.218(
c)].
­
57­
Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
Under
§
761.79(
d)(
4)

(#
103)
Results
of
Validation
Studies:
Persons
conducting
studies
to
validate
a
new
performance­
based
decontamination
solvent
must
record
the
testing
parameters
and
experimental
procedures
in
standard
operating
practices
and
must
affix
in
an
appendix
the
results
of
the
validation
study
[
§
761.398(
c)].

(
ii)
Respondent
Activities
Typical
respondents
include:
manufacturers,
processors,
distributors
of
PCBs
in
commerce;
owners
of
PCB­
contaminated
equipment
and
PCB
Items;
PCB
waste
generators,
transporters,
commercial
storers,
and
disposers
(
i.
e.,
PCB
waste
handlers);
owners/
operators
of
laboratories;
and
other
users
of
PCBs.
All
respondents
must
read
the
rule
and
determine
which
provisions
are
applicable
to
their
operations;
plan
and
modify
their
procedures
to
come
into
compliance
with
the
rule;
provide
training
to
appropriate
staff;
process,
compile,
and
review
information
for
accuracy
and
appropriateness;
and
record,
disclose,
and/
or
report
the
required
information.
Specific
responsibilities
for
each
type
of
respondent
are
as
follows:

Manufacturers,
Processors,
Distributors
in
Commerce
of
PCBs.
Individuals
who
are
included
in
the
manufacturing
exclusions
must
gather
and
document
data
on
raw
materials
and
intermediates
used
in
the
manufacturing
process;
analyze
the
reactions
and
conditions
at
issue;
survey
the
facility
site
and
specific
equipment
to
determine
and
document
where
and
to
what
extent
PCBs
could
be
released
into
air,
water,
and
end
products.
Individuals
who
seek
exemptions
from
the
manufacturing,
processing,
or
distribution
in
commerce
bans
must
document
the
amount
of
PCBs
affected
by
the
exemption
request;
describe
the
manufacturing/
processing/
distribution
in
commerce
processes;
comply
with
additional
statutory
requirements
of
TSCA
section
6(
e)(
3)(
B);
quantify
the
economic
consequences
of
an
exemption
denial;
and
provide
specifics
about
servicing
and
use
activities,
develop
certification
statements,
and
complete
other
paperwork.

Owners
of
PCB
Items
and
PCB­
Contaminated
Equipment.
There
are
various
requirements
for
owners
of
the
many
different
types
of
PCB
Items.
Owners
of
newly
discovered
PCB
Transformers
must
register
their
Transformers
with
EPA
and
building
owners,
providing
information
on
the
number
of
PCB
Transformers,
their
locations,
and
his
or
her
name,
address,
telephone
number
and
signature,
or
that
of
the
authorized
representative,
which
certifies
the
accuracy
of
the
submitted
information.
Owners
of
these
PCB
Transformers
must
record
inspection
and
maintenance
information
and
file
and
maintain
the
data
and
information
in
the
annual
log
about
any
transfer
of
ownership
of
a
PCB
Transformer.
Owners
of
reclassified
transformers,
voltage
regulators,
electromagnets,
and
switches
must
maintain
records
showing
that
they
followed
the
required
reclassification
procedures.
When
testing
is
required,
equipment
owners
must
keep
records
of
the
pre­
and
post­
reclassification
PCB
concentration
measurements.
They
must
also
provide
records
of
the
reclassification
procedure
to
EPA
and
recipients
of
the
­
58­
equipment,
upon
request.

Individuals
who
discover
fire­
related
incidents
that
result
from
a
rupture
of
a
PCB
Transformer
or
PCB
Voltage
Regulator
must
report
the
incident
to
the
National
Response
Center.
Owners
of
PCB
Items
distributed
in
commerce
for
reuse
must
retain
records
in
the
annual
document
log
of
any
transfers
of
ownership.
Owners
of
large
capacitors
located
in
protected
locations
who
choose
not
to
mark
these
units
individually
must
maintain
records
for
identifying
the
Capacitors.

Owners
of
PCB
Articles
stored
for
reuse
must
maintain
records
of
the
Articles.
Some
owners
of
PCB
Items
may
want
to
obtain
approval
to
store
equipment
for
disposal
beyond
the
current
1­
year
limit,
or
to
exceed
the
5­
year
limit
for
the
storage
of
equipment
for
purposes
of
reuse.
In
those
cases,
they
would
be
required
to
contact
the
appropriate
RA
and
compile
and
submit
the
requisite
information.
Utilities
and
other
owners
of
PCB­
Contaminated
equipment
must
create
or
modify
their
Spill
Prevention,
Control,
and
Countermeasure
Plan
(
SPCC)
if
temporarily
storing
PCB
liquids.
Owners
of
PCB
Items
(
in
addition
to
PCB
Transformers)
are
also
required
to
record
and
maintain
records
of
inspection,
maintenance
activities,
cleanup,
disposal,
and
certain
decontamination
activities.
When
PCB
Items
are
removed
from
service
for
disposal,
the
owners
of
the
Items
must
place
the
date
on
the
item.

When
owners
of
PCB
Items
generate
wastes
that
must
be
handled
as
a
PCB
remediation
or
bulk
product
waste,
they
will
need
to
determine
which
of
the
available
disposal
options
(
i.
e.,
self­
implementing,
performance­
based,
or
risk­
based
options)
should
be
used
to
address
their
disposal
needs.
These
disposal
options
will
require
compliance
with
various
reporting
and
recordkeeping
requirements.

PCB
Waste
Handlers.
PCB
waste
handlers
must
respond
to
the
notification
requirements
by
filling
out
a
brief
one­
time
form
(
EPA
Form
7710­
53)
)
and
filing
and
maintaining
the
information.
Individuals
who
handle
PCB­
Contaminated
liquid
wastes
must
notify
chemical
waste
landfill
owners
of
the
certain
specified
properties
of
the
waste,
and
the
landfill
must
obtain
written
approval
from
the
RA
before
disposing
of
these
wastes.
Individuals
disposing
of
PCB
waste,
such
as
in
a
high
efficiency
boiler,
must
notify
the
RA
about
the
activity.

Waste
handlers
attempting
to
secure
disposal
must
maintain
records
of
these
attempts
to
be
granted
an
automatic
one­
year
extension
to
store
wastes
beyond
the
one­
year
deadline
for
disposal.
If
waste
handlers
change
their
waste­
handling
activities,
they
are
also
required
to
file
an
amended
TSCA
PCB
notification
form
(
EPA
Form
7710­
53,
Appendix
D),
which
provides
information
on
the
amended
activity.

To
handle
PCB
remediation
wastes
under
the
self­
implementing
option,
site
owners
must
notify
the
RA
and
other
authorities
about
the
remediation
activities
and
submit
a
written
certification
to
the
RA
that
site
sampling
and
waste
characterization
plans
are
on
file
at
a
specified
location.
Generators
of
bulk
PCB
remediation
waste
must
provide
written
notice
to
off­
site
waste
­
59­
handling
facilities
about
the
quantities
that
will
be
shipped
to
the
facilities
and
the
highest
concentration
of
PCBs
in
the
shipment.
Property
owners
with
remediation
sites
that
require
the
use
of
a
fence
or
a
cap
must
submit
to
EPA
a
certification
that
the
property
deed
has
a
notation
to
that
effect.
The
recordkeeping
activities
for
individuals
using
the
self­
implementing
remediation
provisions
for
disposing
of
PCB
remediation
waste
include
retaining
written
waivers
received
from
EPA
or
other
authorities
for
5
years,
maintaining
records
of
sampling
plans
and
characterization
procedures,
recording
in
the
deed
any
sites
that
require
the
use
of
a
fence
or
cap,
and
keeping
records
of
cleanup
activities
for
5
years.
PCB
waste
handlers
are
required
to
record
and
maintain
records,
such
as
calculations
used
and
validation
and
sampling
results,
on
certain
decontamination
activities.

Any
person
using
the
risk­
based
disposal
option
to
dispose
of
PCB
bulk
product
waste
must
apply
in
writing
to
EPA
to
do
so.
Persons
handling
PCB
bulk
product
waste
must
maintain
records
of
sampling
and
analysis
for
3
years.
Any
person
with
a
spill
involving
one
pound
or
more
of
PCBs
must
report
the
spill
to
the
National
Response
Center.

PCB
waste
generators
must
provide
manifests
and/
or
shipping
papers
that
will
accompany
the
waste
shipment
to
the
transporters
and
to
the
disposers.
When
a
generator
uses
an
independent
transporter,
he
or
she
must
confirm
either
by
phone
or
some
other
convenient
means
that
the
receiving
PCB
storage
and/
or
disposal
facility
actually
received
the
wastes.
Generators,
storers,
transporters,
and
disposers
must
sign
and
retain
copies
of
the
manifests
when
they
handle
a
shipment
of
PCB
waste.
Generators
must
submit
exception
reports
to
EPA
when
they
fail
to
receive
confirmation
from
the
disposer
that
a
shipment
of
PCB
waste
has
been
properly
disposed
of.

Persons
seeking
coordinated
approval
for
their
waste­
handling
activities
are
required
to
submit
requests
for
approval
to
the
RA.
These
individuals
are
required
to
adhere
to
recordkeeping
and
reporting
requirements,
submit
additional
information
as
required
by
EPA,
or
submit
an
application
for
a
TSCA
PCB
approval,
and
notify
the
RA
of
any
changes
relating
to
the
waste
management
documents
that
serve
as
the
basis
for
the
coordinated
approval.

Owners
and
Operators
of
PCB
Disposal
Facilities.
These
respondents
are
expected
to
complete
the
EPA
approval
process:
develop
a
description
and
a
plan
for
a
demonstration
of
the
system;
conduct
demonstration
and
complete
an
analytical
assessment
of
the
results;
and
record/
disclose
information;
submit
a
demonstration
report;
and
develop
standard
operating
procedures,
a
closure
plan
and
financial
assurance
that
cover
the
closure
costs
of
the
facility.
Operators
of
approved
chemical
waste
landfills,
incinerators,
or
alternate
PCB
disposal
technologies
must
also
notify
State
and
local
officials
prior
to
the
first
use
of
the
technology,
and
if
requested
by
a
State
or
local
government,
provide
annual
notice
of
the
quantities
and
types
of
PCBs
disposed
of
during
the
year.

Owners/
operators
of
incinerators
must
keep
records
regarding
the
PCBs
fed
into
the
incinerator
and
the
operating
conditions
of
the
equipment.
Owners
of
chemical
waste
landfills
­
60­
must
collect
and
analyze
samples
of
surface
and
ground
water
at
EPA­
approved
locations.
To
dispose
of
residual
PCB
waste
in
a
scrap
metal
recovery
oven
or
smelter,
the
owner
must
obtain
a
permit
or
have
the
unit
approved
by
the
RA,
and
comply
with
applicable
reporting
requirements
of
Subparts
J
and
K,
such
as
recording
operating
temperatures.
Persons
burning
PCB
liquids
in
high
efficiency
boilers
must
retain
records
of
the
quantities
burned,
waste
analysis
results,
and
operational
conditions
of
the
boiler.

Owners
and
operators
of
PCB
disposal
facilities
are
required
to
submit
annual
reports
to
EPA.
PCB
waste
disposers
must
submit
unmanifested
waste
reports
to
EPA
when
they
accept
a
shipment
of
PCB
waste
without
an
accompanying
manifest.
Disposers
also
must
submit
discrepancy
reports
when
the
PCB
waste
they
receive
for
disposal
does
not
match
the
description
of
the
manifest
that
accompanies
it.
Owners/
operators
of
disposal
facilities
must
submit
Certificates
of
Disposal
to
waste
generators
when
a
disposal
is
complete
for
each
item
on
a
manifested
waste
shipment.
The
disposers
must
maintain
all
of
the
above
records.
Owners/
operators
of
PCB
disposal
facilities
also
are
required
to
attempt
to
contact
the
generator
when
they
receive
a
shipment
of
PCB
waste
that
does
not
include
a
manifest.

Owners/
Operators
of
Commercial
Storage
Facilities.
These
respondents
must
complete
the
EPA
approval
process;
i.
e.,
submit
closure
plans
and
financial
assurances
to
EPA.
They
must
notify
the
appropriate
RA
when
it
is
necessary
to
exceed
the
1­
year
storage
limitation,
to
modify
the
facility,
or
amend
the
financial
assurance
mechanism.
For
subsequent
extensions
to
the
storage
limitations,
the
requestor
must
submit
specific
justification
for
the
extension
and
indicate
measures
he
is
taking
to
secure
disposal.
Owners
of
commercial
storage
facilities
must
record
and
maintain
records
associated
with
PCB
equipment
inspections
and
cleanups.
They
must
also
submit
a
summary
report
to
EPA
of
the
type
and
quantity
of
PCB
wastes
that
were
managed
at
the
facility
during
the
preceding
year.
Commercial
storers
of
PCB
wastes
must
submit
Exception
Reports
when
they
transfer
the
PCBs
or
PCB
Items
to
the
disposer
within
9
months
from
the
date
of
removal
of
the
Item
from
service
or
when
they
have
not
received
within
13
months
from
the
date
of
removal
from
service
for
disposal
a
Certificate
of
Disposal
confirming
the
disposal
of
the
Item,
as
applicable.

Users
of
PCB
waste
storage
containers
can
use
containers
other
than
those
prescribed
by
ANSI
for
nuclear
criticality
safety
if
the
user
demonstrates
that
such
containers
are
protective
of
human
health
and
the
environment.
Managers
of
large
bulk
PCB
storage
containers
shall
have
a
record
that
includes
for
each
batch
of
PCBs
the
quantity
of
the
batch
and
the
date
the
batch
was
added
to
the
container.

If
owners
of
storage
facilities
change
their
waste­
handling
activities,
they
would
also
be
required
to
file
an
amended
TSCA
PCB
notification
form.
EPA
will
approve
changes
in
ownership
of
storage
facilities
if
the
transferee
has
established
financial
assurance
for
closure
and
the
transferor
has
resolved
any
deficiencies,
such
as
with
operations,
closure
plans,
and
cost
estimates.
­
61­
Owners/
operators
of
PCB
commercial
storage
facilities
are
required
to
attempt
to
reconcile,
with
either
the
generator
and/
or
transporter
any
significant
discrepancy
in
the
manifest.
Owners/
operators
of
PCB
commercial
storage
facilities
are
required
to
attempt
to
contact
the
generator
when
they
receive
a
shipment
of
PCB
waste
that
doesn't
include
a
manifest.

Laboratories.
Persons
conducting
R&
D
on
PCB
disposal
are
required
to
obtain
an
EPA
identification
number
and
notify
EPA
and
other
authorities
before
conducting
the
R&
D
activities.
R&
D
facilities
must
also
manifest
wastes,
as
applicable,
and
submit
requests
to
EPA
when
exceeding
the
specified
limits
for
the
PCBs
used.
R&
D
facilities
can
also
submit
requests
for
extensions
in
the
duration
of
the
activity.
Facilities
can
submit
exemption
petitions
to
qualify
for
the
class
exemptions
to
manufacture
PCBs
for
disposal­
related
R&
D
activities
or
to
process
or
distribute
PCBs
or
PCB
analytical
reference
samples
derived
from
waste
materials.
Facilities
seeking
the
exemption
must
maintain
records
of
the
activities
for
the
annual
log.
Laboratories
conducting
self­
implementing
R&
D
for
disposal
activities
must
maintain
annual
records,
as
well.

R&
D
facilities
seeking
coordinated
approvals
may
submit
requests
for
approval
to
the
RA.
They
are
required
to
adhere
to
recordkeeping
and
reporting
requirements,
submit
additional
information
as
required
by
EPA
or
submit
an
application
for
a
TSCA
PCB
approval,
and
notify
the
RA
of
any
changes
relating
to
the
waste
management
documents
that
serve
as
the
basis
for
the
coordinated
approval.

Operators
of
laboratories
who
wish
to
exceed
quantity
limitations
for
the
manufacture,
processing,
or
distribution
in
commerce
of
PCBs
will
have
to
submit
requests
to
EPA.

Other
Individuals
(
i.
e.,
Users
of
PCBs).
Owners
of
PCB­
Contaminated
natural
gas
pipeline
systems
who
sell
or
distribute
natural
gas,
can
use
these
systems
if
they
keep
records
of
sampling
and
analysis
results
and
actions
taken
to
reduce
the
PCB
concentrations
to
below
regulated
levels
and
submit
a
description
of
the
system
to
EPA,
if
requested.
Owners
of
natural
gas
pipelines
must
also
include
the
system
in
public
service
notification
programs,
which
inform
landowners
that
they
should
contact
the
utilities
before
beginning
any
excavation
work
on
their
property.
Owners
of
other
PCB­
contaminated
gas
liquid
systems
must
obtain
the
consent
of
the
EPA
(
Director,
National
Program
Chemicals
Division)
to
use
the
systems.

Persons
burning
for
energy
recovery
used
oil
or
liquids
containing
PCBs
<
50
ppm
from
a
natural
gas
pipeline
system
must
keep
records
of
each
certification
notice,
and
marketers
of
these
liquids
must
retain
records
related
to
transactions
that
they
claim
do
not
contain
detectable
PCBs.
Other
users
of
PCBs
may
have
to
deal
with
remediation
waste
or
PCB
bulk
waste
disposal
issues.
In
that
event,
they
will
need
to
determine
which
of
the
available
options
(
i.
e.,
self­
implementing,
performance­
based,
leachability
or
risk­
based)
could
be
used
to
address
their
disposal
needs.
These
disposal
options
will
require
compliance
with
various
reporting
and
recordkeeping
requirements.
­
62­
5.
THE
INFORMATION
COLLECTION
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
EPA
resources
are
devoted
to
reviewing
and
analyzing
data
submissions,
compiling
and
recording
data,
maintaining
hard­
copy
files
of
submitted
data,
inspecting
facilities,
producing
inspection
reports,
responding
to
public
inquiry,
providing
regulatory
interpretations
and
developing
rulemakings.
OPPT
staff
do
not
print
or
otherwise
prepare
collection
instruments,
compile
mailing
lists,
or
publish
results.
Although
a
web
site
has
been
established,
EPA
plans
to
continue/
expand
its
review
of
the
use
of
the
Internet
to
facilitate
the
transfer
of
information
from
EPA
to
the
public.
More
specific
Agency
activities
are
discussed
below.

Data
submitted
to
EPA
for
consideration
in
granting
or
denying
requests
for
exemptions
are
reviewed,
analyzed
for
confidentiality
and
appropriate
protection,
and
placed
in
the
docket.
EPA
makes
determinations
of
whether
to
grant
exemptions
and
develops
rulemakings
in
response
to
the
requests
for
exemptions.
Agency
staff
also
receives,
analyzes
and
reviews
requests
to
exceed
quantity
limitations
imposed
by
class
exemptions.

Under
the
self­
implementing
procedures
of
the
PCB
regulations,
data
are
submitted
to
EPA
to
qualify
for
the
exclusion
for
processes/
products
containing
low
levels
of
PCBs
from
the
statutory
bans
on
the
manufacture
(
including
import),
processing,
and
distribution
in
commerce
of
PCBs.
These
data
are
reviewed
and
stored
pursuant
to
confidentiality
requirements,
when
appropriate,
and
placed
in
the
docket
for
public
review
(
sanitized
documents
only);
inspections
are
conducted
as
prescribed
by
the
enforcement
policy.
The
information
is
used
by
EPA
to
identify
manufacturers
and
importers
of
products
containing
low
levels
of
PCBs,
as
well
as
for
compliance
monitoring
and
enforcement
purposes.

Pursuant
to
the
use
authorization
for
PCB
Transformers,
EPA
staff
created
and
presently
maintain
the
PCB
Transformer
Database.
Staff
presently
process
registrations
for
newly
discovered
PCB
Transformers.
As
Agency
resources
permit,
EPA
also
updates
the
database
to
include
additional
information
voluntarily
submitted
by
PCB
Transformer
owners
on
the
current
status
of
PCB
Transformers
previously
registered.
This
supplemental
data
is
not
required
or
solicited
by
EPA.
On
an
"
as
requested
basis,"
EPA
resources
provide
information
from
the
PCB
Transformers
Database
to
environmental
and
emergency
response
officials.
EPA
also
has
placed
these
data
on
the
Internet.

EPA
staff
also
process
both
new
and
amended
PCB
notifications
of
waste
handling
activities
and
update
the
PCB
Activity
Database
System
(
PADS)
on
PCB
waste
handlers.
These
data
are
currently
available
on
the
Internet.

Information
from
annual
reports
that
are
submitted
by
storers
and
disposers
of
PCB
waste
enables
the
Agency
to
respond
to
public
and
Congressional
inquiries,
target
inspections,
and
­
63­
conduct
compliance
monitoring
and
other
enforcement
activities.
To
produce
the
inspection
reports,
EPA
inputs,
indexes
and
files
data
that
are
obtained
during
inspections,
and
prepares,
reviews
and
revises
the
inspection
reports.

Activities
routinely
conducted
by
EPA
in
processing
requests
for
permits
to
operate
a
PCB
disposal
facility
are
as
follows:

°
Review/
analyze
applications
to
determine
whether
facilities
have
adequate
technical
plans
and
financial
capabilities
to
operate
and
maintain
the
facility.

°
Attend
demonstrations.

°
Grant/
deny
approval.

°
Store
the
data.

Engineers
in
EPA's
National
Program
Chemicals
Division
as
well
as
staff
in
regional
offices
review
the
PCB
disposal
applications.
The
adequacy
of
the
data
contained
in
these
application
is
evaluated
during
a
thorough
review
of
the
data
and
calculations
and
the
assessment
of
subsequent
demonstrations.
In
addition
to
disposal
approvals,
the
Agency
receives,
analyzes,
and
reviews
applications
for
commercial
storage
approvals
and
coordinated
approvals;
as
well
as
requests
to
exceed
R&
D
and
storage
limitations
and
to
use
alternate
disposal
methods.
For
commercial
storage
approvals,
EPA
must
also
determine
if
the
facility
will
be
able
to
close
in
an
environmentally
safe
manner.

5(
b)
Collection
Methodology
and
Management
Currently,
all
of
the
PCB
information
collections
are
done
in
hard
copy
form.
Although
the
content
of
these
various
collections
has
been
specified,
the
majority
do
not
require
the
use
of
a
specific
form
or
format.
Therefore,
electronic
submission
and
manipulation
of
the
data
are
not
feasible
at
this
time.
Two
of
the
collections,
however,
are
on
a
form.
EPA
plans
to
review
the
efficiency
of
using
an
electronic
bulletin
board
or
the
Internet
to
facilitate
the
transfer
of
information
(
such
as
reporting
forms)
between
EPA
and
potential
respondents.

Requests
for
disposal
approval
may
be
submitted
in
the
form
most
convenient
to
the
applicant.
Because
of
the
nature
of
the
information
(
i.
e.,
engineering
blueprints),
most
of
the
information
is
generally
submitted
on
paper,
rather
than
electronically.
Where
appropriate,
EPA
accepts
data
in
electronic
format.
There
is
no
requirement
for
the
information
to
be
submitted
in
an
automated,
electronic,
mechanical,
or
other
technological
information
format.
Records
are
maintained
at
EPA
by
the
staff
overseeing
the
review
of
permit
applications.
Applications
are
retained
for
the
duration
of
the
disposal
facilities
operating
approval.
The
public
may
access
the
non­
confidential
portions
of
applications.
­
64­
5(
c)
Small
Entity
Flexibility
Small
businesses
are
not
exempt
from
the
PCB
regulations
under
TSCA,
and
the
information
collections
will
affect
all
entities,
regardless
of
size,
that
own
or
use
PCBs
or
PCBcontaining
equipment
and
generate
PCB
waste.
The
potential
health
ramifications
necessitate
equal
reporting
and
recordkeeping
requirements
for
all
persons,
and
due
to
heightened
awareness
and
concern
for
proper
PCB
disposal
practices,
the
potential
human
and
environmental
risk
necessitates
equal
disclosure
by
all
applicants
regardless
of
size.
While
all
practical
steps
have
been
taken
to
minimize
the
reporting
and
recordkeeping
burdens,
the
requirements
imposed
are
the
minimum
necessary
to
maintain
proper
accountability
for
the
disposition
of
the
PCBs.
These
requirements
assist
EPA
in
meeting
its
statutory
obligation
to
make
a
finding
of
no
unreasonable
risk
for
an
authorized
activity
and
determining,
for
example,
whether
a
petitioner
is
eligible
to
receive
the
benefit
of
an
approval,
exemption,
or
exclusion.
In
general,
while
the
reporting
and
recordkeeping
requirements
impose
additional
obligations
on
small
businesses,
these
requirements
are
of
a
conventional
nature
that
should
be
familiar
to
businesses,
and
are
no
more
burdensome
than
conventional
standard
business
practices.
In
addition,
some
requirements
overlap
with
sound
business
practices,
such
as
periodically
inspecting
valuable
equipment,
maintaining
an
inventory
of
property
and
other
basic
recordkeeping.

Small
organizations
will
usually
handle
smaller
volumes
of
PCBs
than
larger
entities,
thereby
minimizing
their
reporting
and
recordkeeping
burdens.
The
complexity
of
toxic
material
disposal
and
the
required
financial
assurance
to
ensure
against
environmental
liabilities
seem
to
deter
smaller
businesses
from
engaging
in
disposal
facility
enterprises
(
e.
g.,
it
is
economically
infeasible).
In
another
example,
the
majority
of
PCB
Transformers
subject
to
these
requirements
are
located
in
large
industrial
and
utility
locations,
as
PCB
Transformer
use
is
associated
with
high­
voltage
applications.
Therefore,
fewer
small
businesses
are
likely
to
own
many
PCB
Transformers
because
of
the
nature
of
their
application
as
well
as
significant
costs
associated
with
the
initial
purchase
of
the
equipment
and
the
long­
term
expense
for
operation
and
maintenance.
Moreover,
even
assuming
that
PCB
Transformers
are
as
likely
to
be
owned
by
small
entities
as
larger
firms,
the
overall
regulatory
cost
remains
very
small,
less
than
1/
20
of
one
percent
of
revenues
for
small
utilities
(
see
calculations
in
Appendix
E).

In
another
example,
the
manufacturing
exclusion
was
designed
to
minimize
the
burdens
of
the
TSCA
Section
6(
e)
bans
on
chemical
manufacturers.
This
rule
has
relieved
small
business
manufacturers
from
the
burdens
of
filing
annual
petitions
for
exemption
from
the
manufacturing,
processing,
and
distribution
in
commerce
bans,
as
required
under
Section
6(
e)(
3).
Further,
to
minimize
the
burdens
of
information
collection
on
small
organizations,
EPA
allows
significant
flexibility
in
its
information
collection
requirements
so
that
manufacturers
have
options
available
to
them
for
supporting
their
requests
for
exclusion.
One
option
avoids
the
need
for
repeated
sampling
and
reporting
by
allowing
manufacturers
to
conduct
theoretical
analyses
rather
than
actual
sampling
of
process
streams
to
estimate
the
levels
of
PCBs
generated
by
the
processes.
If
the
basis
for
the
theoretical
analysis
is
sound,
the
manufacturer
may
certify
compliance
on
the
basis
of
that
analysis,
until
and
unless
he
or
she
engages
in
a
new
process
or
significantly
alters
the
­
65­
reported
process.
Additional
flexibility
is
available
for
estimating
the
levels
of
PCBs
generated
and
released.
Rather
than
specifying
any
one
sampling
regime
or
method
of
theoretical
analysis,
the
reports
require
only
that
petitioners
support
the
estimates
by
any
defensible
basis.
For
example,
sampling
results
may
be
accompanied
by
a
description
of
the
sample
matrix
and
any
data
from
a
quality
assurance
plan.

(
i)
Small
Entities
Affected
by
the
PCB
Regulations
The
small
business
entities
may
include
those
in
both
the
public
and
private
sectors,
and
not­
for­
profit
organizations
as
well
as
for­
profit
entities.
The
Regulatory
Flexibility
Act
identifies
three
classes
of
small
entities
of
special
concern:

°
Small
for­
profit
businesses
as
defined
by
the
Small
Business
Administration's
(
SBA)
Table
of
Size
Standards.

°
Small
governments,
defined
as
governmental
jurisdictions,
such
as
cities,
towns,
counties,
or
school
districts,
with
a
population
less
than
50,000.

°
Small
organizations,
defined
as
not­
for­
profit
enterprises
that
are
independently
owned
and
not
dominant
in
their
fields.

Entities
generating
PCB
wastes
comprise
the
following
classes:

°
Electric
utility
industry:
PCB­
oil
and
contaminated
mineral
oil
from
electrical
equipment
such
as
transformers
and
large
capacitors.
Included
in
this
category
are
publicly­
owned
entities
such
as
municipal
and
county
electric
systems
as
well
as
other
public
power
systems
such
as
irrigation
districts.

°
Non­
utility
entities
with
privately­
owned
electrical
equipment,
such
as
PCB
Transformers
and
Capacitors
and
other
PCB­
Contaminated
electrical
equipment.
This
group
includes
those
entities
that
own
high­
voltage
transformers
and
large
capacitors.
A
1989
EPA
report
identified
such
entities
as
most
likely
to
be
in
oil
and
gas
production,
manufacturing,
railroads,
and
telecommunication
industries.
Not­
for­
profit
entities
such
as
colleges
and
universities
and
hospitals
are
also
to
be
included
in
this
group
(
EPA,
1989).
Public­
sector
operations
such
as
prisons
might
also
possess
this
type
of
equipment.

°
Entities
with
PCB
ballasts
from
fluorescent
light
fixtures.
Due
to
the
widespread
use
of
fluorescent
lighting,
any
entity
operating
out
of
a
fixed
location
built
prior
to
the
late
1970s
is
a
possible
candidate
for
inclusion
in
this
class
of
waste
generators.
Included
are
government
bodies,
such
as
school
districts,
that
have
such
lighting
equipment.
­
66­
°
Entities
operating
natural
gas
pipelines
may
have
PCB­
contaminated
pipeline
equipment
resulting
from
the
contact
of
condensate
with
PCB­
contaminated
oils
used
in
pipeline
compressors.

°
PCBs
have
been
found
in
electrical
components
of
appliances
and
in
automobiles,
and
disposal
operations
such
as
automobile
or
appliance
shredding
may
generate
PCB­
contaminated
materials.

°
Cleanup
of
Superfund
sites
and
other
hazardous
waste
sites
may
generate
PCBcontaminated
materials.

Electric
Utilities.
It
has
been
estimated
that
60
to
70
percent
of
the
PCBs
produced
were
used
in
dielectric
fluid
for
transformers
and
capacitors.
Thus,
such
high­
voltage
equipment,
including
askarel
and
mineral
oil
transformers
and
large
PCB
Capacitors,
represents
a
major
source
of
PCB
waste
generation.
EPA
studies
of
the
numbers
of
such
equipment
in
use
assumed
that
utilities
owned
30
percent
of
the
askarel
transformers,
80
percent
of
the
mineral
oil
transformers,
and
85
percent
of
the
large
PCB
capacitors,
with
the
remainder
owned
by
nonutility
industrial
enterprises
(
EPA,
1989).

Electric
utility
operating
data
collected
and
reported
by
the
Energy
Information
Administration
(
EIA,
Form
861)
were
used
to
determine
the
number
of
small
entities
in
this
industry
(
EIA,
1995).
The
SBA
small­
entity
definition
for
the
electric
utility
industry
includes
entities
producing
4
million
megawatt­
hours
of
electricity
sales
or
less.
The
EIA
data
permit
the
identification
of
private
sector
small
utilities
as
well
as
municipal
and
other
publicly
owned
utilities.
Such
utilities
owned
by
small
governments
(
less
than
50,000
in
population)
were
identified
through
U.
S.
Census
population
data
for
cities,
towns,
and
counties.
Table
3­
1
in
the
Draft
Analysis
of
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
761,
an
excerpt
of
which
is
included
as
Appendix
E,
"
Economic
Impacts
on
Small
Entities,"
shows
the
results
of
this
analysis
(
U.
S.
EPA,
2003d).

Other
Industrial
Sectors.
The
available
evidence
suggests
that
PCB
waste
generation
related
to
contaminated
electrical
equipment,
fluorescent
light
ballasts,
and
other
PCB
wastes,
is
common
throughout
a
number
of
industrial
sectors.
The
1989
EPA
study,
based
on
Arkansas,
New
York,
and
California
state
information
about
PCB
waste
generators,
identified
oil
and
gas
production
(
NAICS
211111),
manufacturing
(
NAICS
31­
33),
line­
haul
railroads
(
NAICS
48211),
telephone
communications
(
NAICS
513),
and
refuse
systems
(
NAICS
562111)
as
accounting
for
over
90
percent
of
the
non­
utility,
private
sector
PCB
waste
generators.
Information
on
PCB
waste
generators
for
New
York
and
California
(
New
York
Department
of
Environmental
Conservation,
1995;
California
Department
of
Toxic
Substances,
1995)
indicate
that
a
large
proportion
of
non­
utility
PCB
waste
generators
fall
within
NAICS
codes
211,
31­
33,
335,
and
562.
These
industries
are
expected
to
account
for
most
of
the
PCB
wastes
associated
with
the
disposal
of
electrical
equipment.
Hospitals
(
NAICS
62211)
and
colleges
and
universities
(
NAICS
61131)
are
also
likely
to
have
high­
voltage
electrical
equipment
of
the
type
associated
with
PCB
­
67­
contamination
and
thus
should
be
included
within
the
class
of
PCB
waste
generators
associated
with
such
equipment.
This
assumption
is
corroborated
by
the
inclusion
of
such
establishments
among
the
New
York
hazardous
waste
generators
listed
as
disposing
of
PCB
transformers
and
capacitors.
The
specific
description
of
the
wastes
for
each
generator
provided
by
the
New
York
data
also
confirms
the
belief
that
wastes
associated
with
fluorescent
light
ballasts
are
generated
by
establishments
throughout
the
private
and
public
sectors.

EPA
used
this
information
about
the
industrial
pattern
of
PCB
waste
generation
to
develop
industry­
specific
estimates
of
the
number
of
establishments
that
might
have
PCB
and
PCB­
Contaminated
Electrical
Equipment.
Based
on
a
previous
study
of
the
electric
utility
industry,
EPA
estimated
that
0.3
percent
of
electric
utility
customers
receive
power
at
high
voltage
levels
(
ERG,
1993).
High­
voltage
customers
in
most
cases
have
transformers,
capacitors,
and
other
equipment
necessary
to
transform
the
voltages
and
distribute
electricity
within
their
premises.
That
study
also
estimated
that
85
percent
of
such
establishments
own
their
own
highvoltage
transformation
equipment,
the
remainder
using
transformation
equipment
provided
or
leased
to
them
by
their
utility
company.

According
to
the
2000
County
Business
Patterns,
there
are
approximately
6.9
million
establishments
in
the
private
sector,
exclusive
of
agriculture
(
NAICS
11
and
112)
and
line­
haul
railroads
(
NAICS
48211)
(
Bureau
of
the
Census,
2000).
Using
the
assumption
that
0.3
percent
of
these
establishments
receive
high­
voltage
electricity
service,
17,715
(
adjusting
for
the
share
that
lease
equipment
from
the
utility)
would
be
expected
to
have
transformers
and
capacitors
that
might
be
contaminated
with
PCBs
(
6.9
million
x
0.3
percent
x
85
percent
that
own
their
equipment).
For
the
Draft
Analysis
of
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
761,
it
was
estimated
that
approximately
50,000
industrial
establishments
have
affected
equipment.
While
the
likelihood
of
owning
the
regulated
equipment
increases
for
high­
voltage
customers,
it
is
not
the
only
characteristic
that
is
relevant.
Low­
voltage
distribution
equipment
can
also
be
PCB­
contaminated.

EPA
distributed
the
affected
establishments
among
industries
using
judgments
of
the
distribution
of
high
voltage
equipment
among
3­
digit
NAICS
industries.
Thus,
while
an
establishment
need
not
be
a
high­
voltage
customer
to
be
affected
by
the
regulations,
the
likelihood
of
being
a
high­
voltage
customer
was
considered
the
best
indicator
of
whether
the
establishment
would
be
using
PCB­
containing
equipment.
The
methodology
included
the
following
judgments.
First,
the
industries
were
stratified
according
to
whether
they
would
include
a
substantial
number
(
high
prevalence),
relatively
few
(
low
prevalence),
or
a
negligible
number
of
high­
voltage
users.
Second,
high­
prevalence
industries
were
judged
to
account
for
two­
thirds
of
the
list
of
highvoltage
users.
The
50,000
affected
establishments
were
then
distributed
among
industries
within
these
two
groups
on
the
basis
of
the
overall
distribution
of
establishments.
The
results
of
this
distribution
methodology
are
shown
in
Table
3­
2
of
the
Draft
Analysis
of
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
761
(
in
Appendix
E).
1
The
Census
Bureau's
Statistics
of
U.
S.
Businesses
does
not
classify
entities
in
size
groups
beyond
the
size
group
of
`
greater
then
500
employees'.
Consequently,
entities,
establishments,
employees,
or
revenues
in
size
groups
of
fewer
than
750
or
1000
employees
cannot
be
allocated.
For
these
size
standards,
data
for
entities
with
fewer
than
500
employees
were
used
as
a
conservative
estimate.

2
Except
for
utilities
(
NAICS
221111,
221112,
221113,
221119,
221121,
and
221122).
These
utility
industries
are
defined
as
small
if
they
generate
less
than
4
million
megawatt­
hours
of
electricity
sales
per
year.
Electric
utility
operating
data
collected
and
reported
by
the
Energy
Information
Administration
(
EIA,
Form
861)
were
used
to
determine
the
number
of
small
entities
and
revenues
for
utilities.

3The
1997
revenues
were
multiplied
by
the
ratio
of
2000
payrolls
to
1997
payrolls
to
obtain
the
year
2000
revenue
estiamtes.

­
68­
For
most
NAICS
industries,
SBA
classifies
small
entities
by
employment
size.
Depending
upon
the
industry,
entities
with
fewer
than
500,
750,
or
1,000
employees
are
classified
as
small
businesses1.
For
most
of
the
remaining
industries,
small
firms
are
classified
by
revenue
size2.
To
estimate
the
number
of
small
entities
for
these
industries,
average
revenues
per
entity
were
calculated
for
each
employment
size
category
in
each
six­
digit
NAICS
code.
While
published
revenue
data
are
only
available
for
1997,
payroll
data
by
NAICS
are
available
through
2000.
The
2000
revenues
were
estimated
assuming
that
they
grew
from
1997
to
2000
at
the
same
rate
as
payrolls3.
The
average
revenue
per
entity
for
employment
size
classification
in
each
NAICS
code
was
then
compared
to
the
SBA
small
business
definition.
All
entities
in
size
classifications
falling
below
the
small
business
definition
were
counted
as
small
businesses.

Table
3­
3
in
the
Draft
Analysis
of
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
761
presents
estimates
of
the
number
of
entities
in
each
industry
that
own
affected
equipment
(
see
Appendix
E).
These
estimates
are
based
on
the
distribution
of
highvoltage
equipment
establishments
and
assume
that
the
frequency
of
high­
voltage
equipment
ownership
among
entities
is
the
same
among
establishments.
Also,
small
entities
are
assumed
to
be
as
likely
to
won
high­
voltage
equipment
as
larger
firms,
an
assumption
that
may
result
in
an
overstatement
of
the
actual
number
of
small
entities
that
own
such
equipment.
Table
3­
3
in
Appendix
E
also
incorporates
the
estimates
of
the
number
of
small
establishments
in
the
electric
utility
industry
(
NAICS
221111,
221112,
221113,
221119,
221121,
and
221122)
shown
in
Table
3­
1
of
Appendix
E.
Of
the
estimated
9,490
entities
with
high­
voltage
equipment,
1,928
are
electric
utilities.
Electric
utilities
account
for
1,840
of
the
9,053
small
entities
with
high­
voltage
equipment.

5(
d)
Collection
Schedule
Most
of
the
reporting
activities
are
triggered
by
specific
events
or
on
an
as
needed
basis
rather
than
by
specific
dates,
as
shown
on
Table
5­
1
and
5­
2.
­
69­
TABLE
5­
1
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
40
CFR
761
Subpart
A
 
General
1
§
761.(
f)(
1)(
2),
and
(
3)
Submit
new
reports
or
modifications
to
existing
reports
to
qualify
for
manufacturing/
import
exclusions,
pursuant
to
compliance
with
the
reporting
requirements
of
Subpart
J.
Within
90
days
of
initiating
a
manufacturing
process/
import.

Subsequent
submission
of
information
is
required
if
a
manufacturer
significantly
alters
a
production
process,
or
to
report
periods
of
unusually
high
generation
or
release
of
PCBs.

(
See
numbers
42
and
43)

Subpart
B
 
Use
2
§
§
761.20(
b)
and
(
c)(
1)
and
(
3)
Submit
an
exemption
petition
as
per
TSCA
Section
6(
e)(
3)
to
manufacture
(
import),
process,
or
distribute
in
commerce
(
export)
PCBs,
unless
otherwise
authorized.
On
an
as
needed
basis.

3
§
761.30(
a)(
1)(
vi)

and
(
vii);
(
xv)(
D)
Register
newly
discovered
PCB
Transformers.
Within
30
days
of
identifying
Transformer.

4
§
§
761.30(
a)(
2)(
v)(

C
)
a
n
d
.30(
h)(
2)(
v)(
C)
Submit
requests
to
reclassify
equipment
using
alternate
methods.
On
an
as
needed
basis.

5
§
761.30(
i)(
1)(
iii)

(
A)(
1)
For
gas
pipeline
systems
owned/
operated
by
a
seller
or
distributor
of
natural
gas,
submit
a
description
of
the
systems
that
contain
>
50
ppm
PCBs.
Upon
request
of
the
RA.
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
70­

6
§
761.30(
t)(
3)
Obtain
EPA
approval
for
the
use
of
PCBs
in
other
gas
or
liquid
systems.
When
planning
use
of
system.

7
§
761.35(
b)
Obtain
RA
approval
for
an
extended
storage
for
reuse
period.
6
months
prior
to
expiration.

Subpart
D
 
Storage
and
Disposal
8
§
§
761.60(
e)
and
(
i)(
2),
.70(
a),
(
b),

and
(
d),
and
.75(
b)(
7),
(
b)(
8)(
ii),

and
(
c)
Submit
disposal
permit
applications,
when
appropriate,
and
demonstration
plans.
Applications
are
submitted
as
needed.
Once
an
approval
is
granted,
the
permittee
must
notify
the
Agency
prior
to
the
expiration
date
if
a
renewal
of
the
approval
is
desired.
If
no
changes
or
modifications
have
been
made
to
the
disposal
process
in
the
year
preceding
expiration,
the
permittee
must
simply
redemonstrate
the
process.

9
§
761.60(
j)(
1)(
i)
Obtain
an
identification
number
for
PCB
R&
D
disposal.
When
planning
R&
D
for
disposal.

10
§
761.60(
j)(
1)(
ii)
Notify
EPA
(
as
well
as
State
and
local
environmental
officials)
of
PCB
disposal
R&
D
activities.
30
days
prior
to
initiating
R&
D
activity.

11
§
761.60(
j)(
2)
Obtain
a
waiver
to
increase
the
volume
or
concentration
of
PCBs
or
duration
of
an
R&
D
activity.
R&
D
disposal
approval
may
be
required
by
RA.
When
needed.
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
71­

12
§
§
761.61(
a)(
3)(
i)

and
(
ii)
Notify
EPA
(
as
well
as
State
and
local
environmental
officials)
of
self­
implementing
remediation
activity.

Additional
information
may
be
requested.
30
days
prior
to
remediation
13
§
761.61(
a)(
3)(
ii)
Notify
EPA
of
changes
to
self­
implementing
remediation
activities.
Within
the
30­
day
notification
period.

14
§
761.61(
a)(
3)(
iii)
Request
a
waiver
of
the
notification
requirement.
If
remediation
is
needed.

15
§
761.61(
a)(
8)(
i)(
B)
Submit
certification
that
the
deed
notation
for
properties
requiring
a
fence
or
cap
has
been
recorded
and
includes
the
cap/
fence
notice.
Within
60
days
of
completion
of
remediation.

16
§
761.61(
c)(
1)
Apply
for
risk­
based
disposal
of
PCB
remediation
wastes.
Submit
additional
information
as
requested
by
EPA.
Before
alternative
activity
takes
place.

17
§
761.62(
c)(
1)
Obtain
approval
for
risk­
based
disposal
or
storage
of
PCB
bulk
product
waste.
Provide
additional
information
and
periodic
progress
reports,
as
requested
by
EPA
Before
activity
takes
place.

18
§
761.65(
a)(
2)
Provide
information
on
continuing
attempts
to
secure
disposal.
Request
a
1­
year
storage
extension.
30
days
prior
to
disposal
deadline.

19
§
761.65(
a)(
3)
Submit
request
for
additional
extensions
beyond
the
initial
1­
year
extension,
including
justification
and
information
on
measures
taken
to
secure
disposal.
When
needed.
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
72­

20
§
761.65(
a)(
4)
Submit
request
for
modifications
to
TSCA
approval
to
allow
for
extended
storage
period.
Before
extension
expires.

21
§
761.65(
c)(
6)(
i)(
C)
Demonstrate
that
other
containers
for
storage
of
PCB/
radioactive
wastes
are
protective
of
health
and
the
environment.
When
needed.

22
§
§
761.65(
d);
(
e)(
1),

(
6),
and
(
8);
and
(
f)
Prepare
application
for
commercial
storage
approval.

Notify
EPA
of
facility
modification,
impending
closure,
and
completion
of
closure.
When
needed;
60
days
before
final
is
scheduled
to
begin;
within
60
days
of
completion
of
closure.

23
§
§
761.65(
e)(
4)
Submit
a
written
request
to
the
RA
to
modify
a
storage
approval
to
amend
the
closure
plan,
when
there
are
changes
in
ownership,
changes
in
expected
dates
of
closure,
and/
or
unexpected
events.
When
needed.

24
§
761.65(
g)(
9)
Notify
EPA
of
modifications
to
commercial
storage
facilities.
Within
30
days
of
facility
modification.

25
§
§
761.65(
j)
Demonstrate
that
a
new
commercial
storage
facility
owner
has
established
financial
assurance
for
closure.
As
of
the
date
of
final
EPA
approval.
Submit
new
or
amended
commercial
storage
application
as
a
result
of
change
in
ownership.

26
§
§
761.70(
a)(
8),
(
9);

and
(
d)(
5)
Obtain
approval
of
alternate
measures
when
regulatory
requirements
cannot
be
met
for
operating
an
incinerator
used
for
incinerating
PCBs.
When
needed.

27
§
§
761.70(
d)(
8);

761.75(
c)(
7)
Notify
EPA
of
change
in
ownership
of
disposal
facility
(
i.
e.,
for
incinerators
and
landfills).
Within
30
days
of
transferring
ownership.
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
73­

28
§
§
761.71(
a)(
2)
and
(
b)(
2)
Notify
EPA
of
high
efficiency
boiler
information,

(
e.
g.,
HEB
owner,
address,
and
specifications).

Seek
approval
to
burn
liquids,
other
than
mineral
oil
dielectric
fluid
in
a
high
efficiency
boiler.
One­
time
notification
30
days
before
initially
burning
mineral
oil
dielectric
fluid
(
MODEF)
in
the
boiler.

One­
time
approval
prior
to
burning
liquids.

29
§
761.72(
c)(
2)
Notify
EPA
as
a
scrap
metal
recovery
oven
or
smelter
used
to
dispose
of
PCBs.
Before
burning
PCBs.
(
Also
see
#
44)

30
§
761.72(
c)(
3)
Request
approval
to
dispose
of
PCBs
in
an
oven
or
smelter
based
on
site­
specific
risk
assessments,
in
lieu
of
meeting
requirements
listed
in
§
761.72.
Before
use
of
unit.

31
§
§
761.77(
a)(
1)(
i),

(
a)(
1)(
ii)(
A)(
1)
and
(
C),
and
.77(
a)(
2)
Submit
a
notification
to
the
RA
for
coordinated
approval
and
additional
information,
as
requested
by
EPA.
Submit
an
application
for
TSCA
disposal
approval,
if
the
RA
denies
the
request
for
a
coordinated
approval
or
determines
that
the
conditions
of
the
coordinated
approval
are
not
met.
When
seeking
coordinated
approval;
when
requested
by
the
RA.

32
§
761.77(
a)(
3)
Notify
EPA
of
changes
in
PCB
waste
management
requirements
in
the
document(
s)
used
to
obtain
TSCA
PCB
coordinated
approvals.
Within
5
days
of
when
changes
are
made.

33
§
761.79(
h)
Request
approval
of
alternative
decontamination
or
sampling
methods.
When
needed.

Subpart
E
 
Exemptions
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
74­

34
§
§
761.80(
e)(
1)
and
(
i)(
1)
Submit
R&
D
exemption
petition
to
qualify
for
the
class
exemption
for
manufacturing
PCBs
for
disposal
and
for
processing
and
distributing
PCBs
and
analytical
reference
samples
derived
from
PCB
waste.
60
days
prior
to
activities.

35
§
761.80(
e),
(
i)(
2)

and
(
n)
Submit
certified
letter
to
request
renewal
of
certain
exemptions.
6
months
prior
to
expiration.

36
§
§
761.80(
e)(
3),

(
g)(
2)
and
(
i)(
4)
Obtain
approval
to
exceed
limits
of
the
exemption.
60
days
before
manufacture
of
PCBs.

37
§
761.80(
e)(
4)
Notify
EPA
in
writing
when
R&
D
activities
will
include
the
manufacture
of
PCBs.
30
days
prior
to
beginning
R&
D
activities.

38
§
§
761.80(
n)
Submit
a
petition
for
certain
exemptions
to
address
increases
in
the
amount
of
PCBs
to
be
processed
and
distributed,
imported
(
manufactured),
or
exported,
or
changes
in
the
manner
of
processing
and
distributing,

importing
(
manufacturing),
or
exporting
PCBs.
When
needed.

Subpart
F
 
Transboundary
Shipments
of
PCBs
for
Disposal
39
§
§
761.93(
a)
and
.97(
a)
Submit
an
exemption
petition
to
import
or
export
PCBs
or
PCB
Items
for
disposal.
When
needed.
(
See
#
2)

Subpart
G
 
PCB
Spill
Cleanup
Policy
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
75­

40
§
761.125(
a)(
1)(
i)
to
(
iii)
Report
all
spills
to
certain
areas
of
10
pounds
or
more
to
EPA
(
and
spills
involving
1
pound
of
PCBs
to
the
NRC).
Within
24
hours
of
discovery.

Subpart
J
 
General
Records
and
Reports
41
§
§
761.180(
b),

(
b)(
3),
and
(
c)(
5)
Submit
annual
reports
for
PCB
wastes
disposed
of
in
a
PCB
disposal
facility
(
including
wastes
disposed
of
by
waste
generators),
and
for
wastes
stored
by
commercial
storage
facilities.
By
July
15
of
each
year
for
the
previous
calendar
year.

41a
§
761.180(
g)
Provide
records
of
PCB
equipment
reclassification,
if
requested,
to
EPA.
Also
see
#
68a.
Upon
request.

42
§
761.185
Notify
EPA
and
certify
low
level
PCB
product
contamination
to
be
exempt
from
the
requirements
of
Subpart
B,
regarding
processes
inadvertently
generating
PCBs
and
imports
of
products
containing
inadvertently
generated
PCBs.
Certification
must
be
repeated
if
the
previous
certification
is
no
longer
valid.
Within
90
days
of
having
processes
or
imports
for
which
such
reports
are
required.

43
§
761.187
Notify
EPA
when
PCB
releases
exceed
limits,
to
be
exempt
from
the
requirements
of
Subpart
B,
for
products,
manufactured
or
imported
containing
inadvertently
generated
PCBs.
When
limits
are
exceeded.

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
76­

44
§
§
761.202(
a);

205(
a)
to
(
c)
Notify
EPA
of
waste
handling
activities,
for
generators,
commercial
storers,
transporters,
or
disposers
of
PCB
waste.
Prior
to
engaging
in
PCB
waste
handling
activities.

45
§
761.205(
f)
Report
changes
in
notifications
previously
submitted
by
PCB
waste
handlers.
Within
30
days
of
making
a
change.

46
§
§
761.208(
a)(
4)

and
.215(
b)

to
(
d).
Submit
Exception
Reports
to
EPA,
as
specified
in
§
761.215(
b)
to
(
d),
when
PCB
waste
generators,

disposers,
and/
or
commercial
storers
do
not
receive
confirmation
that
a
shipment
of
a
PCB
waste
has
been
properly
disposed
of.
Within
45
days
of
the
events
that
trigger
the
report.

47
§
761.210(
b)
Submit
Discrepancy
Reports
along
with
a
copy
of
the
manifest
to
EPA
when
the
PCB
waste
received
by
a
disposer
is
significantly
different
from
the
description
on
the
manifest,
and
the
discrepancy
is
not
resolved
after
receiving
the
waste.
Within
15
days
after
receiving
the
unmanifested
PCB
waste.

48
§
761.211(
b)
Notify
RA
of
unmanifested
PCB
waste,
for
owners/
operators
of
commercial
storage
facilities
who
cannot
contact
the
generator
of
the
PCB
waste.
Upon
receiving
unmanifested
waste
and
unable
to
contact
the
generator.

49
§
761.211(
c)
Submit
Unmanifested
Waste
Reports
(
e.
g.,
waste
description,
volume,
disposition;
date
received;
ID
numbers
of
waste
handlers
for
that
waste)
to
EPA
when
disposers
accept
a
shipment
of
PCB
waste
without
an
accompanying
manifest.
Within
15
days
after
receiving
the
unmanifested
PCB
waste.
TABLE
5­
1,
continued
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
77­

Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
under
§
761.79(
d)(
4)

50
§
§
761.395
and
761.398
Submit
results
of
analysis
and
validation
study
to
the
Director,
National
Program
Chemicals
Division
(
NPCD).
Prior
to
the
first
use
of
a
new
solvent
for
alternate
decontamination
­
78­
TABLE
5­
2
THIRD­
PARTY
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.
#

/
ICR
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
40
CFR
761
Subpart
B
 
Use
51
§
§
761.20(
e)(
3)(
ii);

.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)(
B)
Burner
of
used
oil
must
provide
a
1­
time
certification
to
the
marketer
that
he
is
in
compliance
with
notification
requirement
at
§
761.71(
a)(
2).
Before
accepting
the
first
shipment
of
used
oil.

52/
1000,

1729
§
§
761.30(
a)(
xi)

and
(
xv)(
A)
and
.30(
h)(
1)(
ii)(
B)
Notify
NRC
of
PCB
Transformer
and
PCB
Voltage
Regulator
fires.
Immediately
upon
discovery
of
an
incident.

53
§
761.30(
a)(
1)

(
xiv)
Notify
owner
of
PCB
Transformer
that
equipment
may
pose
risk
of
exposure
to
food
or
feed.
When
discovering
potential
exposure
to
food
or
feed.

54
§
761.30(
a)(
1)(
xv)(

D)
Register
PCB
Transformers
with
the
building
owner.
Within
30
days
of
discovery
of
the
PCB
Transformer.

Subpart
D
 
Storage
and
Disposal
55/
1729
§
761.60(
a)(
3)(
ii)
Provide
information
to
chemical
waste
landfills
that
liquids
do
not
exceed
500
ppm
and
are
not
ignitable.
Prior
to
disposal
in
the
landfill.
TABLE
5­
2,
continued
THIRD­
PARTY
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.
#

/
ICR
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
79­

56/
1729
§
761.60(
b)(
5)(
i)

(
A)(
1)
Include
natural
gas
pipes
that
contain
PCBs
in
public
service
notification
programs.
Before
abandoning
natural
gas
pipes.

57/
1446
§
761.60(
f)(
1)(
i)
Notify
State
and
local
officials
of
PCB
disposal
in
chemical
waste
landfill,
incinerator,
or
an
alternate
PCB
disposal
technology.
At
least
30
days
before
a
facility
is
first
used.

58
§
761.60(
f)(
1)(
ii)
Provide
annual
notice
to
State
and
local
governments
about
PCBs
disposed
of
during
the
year.
At
the
request
of
the
State
or
local
governments.

59/
1729
§
761.60(
j)(
1)(
ii)
Notify
State
and
local
environmental
officials
(
as
well
as
EPA)
of
PCB
disposal
R&
D
activities.
30
days
prior
to
initiating
R&
D
activity.

60
§
761.60(
j)(
1)(
vii)
Manifest
wastes
generated
by
R&
D
on
PCB
disposal
that
are
transported
from
the
R&
D
facility
to
a
commercial
storage
or
disposal
facility,
unless
the
residuals
or
unused
samples
are
returned
to
the
site
of
generation.
Upon
transport
of
waste.

61/
1729
§
§
761.61(
a)(
3)(
i)
Notify
State
and
local
environmental
officials
(
as
well
as
EPA)
of
self­
implementing
remediation
activity.
30
days
prior
to
remediation
and
when
additional
information
is
requested.

62/
1729
§
761.61(
a)(
5)(
i)

(
B)(
2)(
iv)
Notify
offsite
non­
TSCA
facility
of
pending
shipment
of
PCB
remediation
waste.
15
days
prior
to
[
first]
shipment.
TABLE
5­
2,
continued
THIRD­
PARTY
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.
#

/
ICR
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
80­

63/
1729
§
761.61(
a)(
8)(
i)

(
A)
Attach
a
notation
to
the
deed
for
property
at
which
remediation
projects
require
a
permanent
fence
or
cap.
Within
60
days
of
completion
of
the
cleanup
activity.

64/
1729
§
§
761.62(
b)(
4)(
i)

and
(
ii)
(
See
also
§
§
761.357
and
359)
Provide
notification
to
a
receiving
facility
that
does
not
have
a
commercial
PCB
storage/
disposal
approval
of
a
pending
shipment
of
remediation
or
bulk
product
waste.
15
days
in
advance
of
the
first
shipment
and
with
each
shipment
thereafter.

65
§
§
761.65(
c)(
1)

and
(
8)
Attach
a
notation
to
a
PCB
Item
or
PCB
Container
containing
the
item
indicating
the
date
the
Item
was
removed
from
service
for
disposal,

to
be
able
to
temporarily
store
the
item/
container
in
an
area
that
does
not
comply
with
the
storage
requirements
of
paragraph
(
b)
of
this
section.
When
removed
from
service
for
disposal.

66/
1446
§
761.65(
i)(
3)
Send
information,
instead
of
manifest,
regarding
the
sample
collector,
laboratory,
and
date
of
sample
shipment
with
sample.
When
sending
PCB
samples
to
a
laboratory
for
testing.

Subpart
G
 
PCB
Spill
Cleanup
Policy
67/
1729
§
761.125(
a)(
1)
Report
spills
involving
1
pound
or
more
by
weight
of
PCBs
to
the
NRC
(
and
all
spills
to
certain
areas
or
of
10
pounds
or
more
to
EPA).
Within
24
hours
of
discovery.

68
§
761.125(
c)

(
2)(
ii)
Place
label
or
notice
of
PCB
contamination
at
cleanup
site.
When
contaminated
soil
is
cleaned
up
to
50
ppm
PCBs
and
not
25
ppm.
TABLE
5­
2,
continued
THIRD­
PARTY
REPORTING
SCHEDULE
FOR
ICR
1446.08,
SECTION
5(
d)

Ref.
#

/
ICR
Regulatory
Section(
s)
Collection
Requirement
Collection
Schedule
­
81­

Subpart
J
 
General
Records
and
Reports
68a
§
761.180(
g)
Provide
records
of
PCB
equipment
reclassification,
if
requested,
to
recipient
of
equipment.
Also
see
#
41a.
Upon
request.

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
69
§
§
761.207(
a)
and
.208(
a)(
2)
and
(
3)
Send
manifests
to
the
next
non­
rail
transporter
and
the
owner
or
operator
of
the
designated
commercial
storage
or
disposal
facility.
When
generators
ship
PCB
wastes
by
rail
or
in
bulk.

70
§
§
761.208(
c)(
1)(
i
v)
and
(
c)(
2)(
iv)
Send
a
copy
of
the
manifest
or
shipping
papers
to
the
generator.
Within
30
days
after
delivery.

71/
1446,

1729
§
§
761.218(
a)
and
(
b)
Send
Certificates
of
Disposal
to
generators
of
PCB
waste
when
disposal
of
each
item
is
complete
for
a
manifested
PCB
waste
shipment.
Within
30
days
after
the
disposal
date.
­
82­
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
To
update
the
respondent
burden
for
this
ICR,
the
hourly
burdens
and
the
total
number
of
respondents
for
each
requirement
were
reviewed
using
a
number
of
data
and
information
sources
and
consultations
with
regulated
entities.
Most
of
the
level
of
effort
entries
remain
the
same,
as
the
particular
tasks
have
not
changed
for
the
most
part.
In
a
number
of
cases,
however,
the
total
number
of
respondents
or
the
total
amount
of
equipment
that
must
be
tracked
in
some
way
have
been
revised.

One
of
the
information
and
data
sources
used
to
revise
this
Consolidated
ICR
was
the
Draft
Analysis
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
(
U.
S.
EPA,
2003d).
This
document
includes
estimates
based
on
recent
discussions
with
respondents
in
the
utility,
PCB
waste
handling,
and
natural
gas
distribution
industries.
Other
documents
that
contained
valid
information
were
the
Cost
Impacts
of
the
Final
Regulations
Amending
the
PCB
Regulations
at
40
CFR
Part
761
(
U.
S.
EPA,
1998b)
and
the
PCB
Reclassification
Rule:
Small
Entity
Impacts,
Environmental
Justice
Impacts,
and
Unfunded
Mandates
Analysis
(
U.
S.
EPA,
1998d).
This
document
is
the
cost
analysis
for
the
PCB
Reclassification
Rule.

Other
data
sources
include
EPA's
most
up­
to­
date
PADs
database,
the
PCB
annual
report,
and
the
EPA
PCB
website,
which
contain
data
about
entities
that
generate,
store,
transport,
dispose,
research,
and
smelt
PCB
wastes
and
equipment
(
U.
S.
EPA,
.
EPA
PCB
Regional
Coordinators
were
also
contacted
to
obtain
information
about
the
number
of
notifications
that
were
submitted
to
the
Agency
over
the
past
few
years.
The
number
of
notifications
EPA
Headquarters
received
was
also
tallied.

Several
industry
representatives
knowledgeable
about
specific
regulations
and
the
associated
reporting
and
recordkeeping
requirements
for
the
natural
gas
industry,
the
utility
sector,
and
PCB
waste
handlers
were
consulted
for
this
report.
Representatives
from
the
American
Gas
Association,
the
Utility
Solid
Waste
Advisory
Group,
and
a
large
PCB
storage
and
disposal
firm
were
contacted.

New
hourly
wage
rates
were
included
for
managers,
engineers,
engineering
technicians,
and
clerks.
These
wages
were
based
on
data
from
Table
3,
"
Mean
hourly
earnings
and
weekly
hours
for
selected
occupations,
full­
time
and
part­
time
workers,
United
States,"
as
reported
in
the
National
Compensation
Survey:
Occupational
Wages
in
the
United
States,
July
2002,
from
the
Bureau
of
Labor
Statistics
(
U.
S.
DOL,
2003b).
Non­
wage
benefits
were
estimated
at
38.7
percent
of
these
wages,
using
data
for
serviceproducing
industry
workers,
as
presented
in
Table
5
of
Employer
Cost
for
Employee
Compensation,
"
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
Private
industry
workers,
by
major
industry
group,
June
2003"
(
U.
S.
DOL,
2003a).
4Table
5
of
Employer
Cost
for
Employee
Compensation
states
that
non­
wage
benefits
are
27.9
percent
of
total
compensation
when
estimated
in
relation
to
hourly
wages.
The
percentage
increase
is
38.7
(
27.9/(
100­
27.9).

­
83­
Adding
an
additional
17
percent
to
account
for
overhead
costs
results
in
a
55.7
percent
markup
on
the
hourly
wage
(
38.7
percent
+
17
percent)
4.
Thus,
estimated
total
hourly
labor
costs
are
as
follows:


Facility
managers
 
$
56.99
($
36.60
x
1.557)


Engineers
 
$
53.87
($
34.60
x
1.557)


Engineering
technicians
 
$
32.85
($
21.10
x
1.557)


Clerks
 
$
21.18
($
13.60
x
1.557)

Burden
summary.
The
total
estimated
time
for
respondents
to
comply
with
the
reporting,
thirdparty
reporting,
and
recordkeeping
requirements
of
this
Consolidated
ICR
is
824,778
hours.
The
annual
burden
associated
with
respondents
complying
with
the
reporting
requirements
of
this
Consolidated
ICR
is
estimated
to
average
149,503
hours,
industry­
wide.
The
total
third­
party
reporting
burden
is
estimated
to
average
21,634
hours,
industry­
wide,
and
the
total
recordkeeping
burden
of
this
Consolidated
ICR
is
estimated
to
average
653,640
hours,
industry­
wide.
The
average
hourly
estimates
and
total
number
of
respondents
for
each
reporting,
third­
party
reporting,
and
recordkeeping
burden
are
explained
on
Tables
6­
1
to
6­
3,
respectively.
Note
that
the
burdens
associated
with
requirement
numbers
1,
2,
6,
7,
11,
19,
20,
26,
29,
30,
32,
36,
38,
39,
47,
51,
53
­
55,
58,
59,
61,
64,
66,
72,
and
73
will
either
have
negligible
impacts
to
the
requirements
or
were
costed
with
other
requirements
as
indicated
on
the
tables,
and
thus
no
estimates
were
included
for
these
requirements.

To
simplify
the
presentation
of
the
numerous
hourly
burden
and
cost
estimates,
the
data
are
arrayed
according
to
reporting,
third­
party
reporting,
and
recordkeeping
requirements
for
each
section
of
the
regulation,
consistent
with
the
presentation
of
the
information
in
the
tables
of
Sections
2
and
5,
rather
than
to
rearrange
and
present
the
data
by
respondent
type.
EPA
anticipates
that
no
one
individual
would
be
subject
to
all
of
the
requirements
40
CFR
Part
761.
Refer
to
Section
4
for
a
complete
description
of
the
activities
listed
on
Tables
6­
1
to
6­
3.
­
84­

TABLE
6­
1
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
40
CFR
761
Subpart
A
 
General
1
§
761.1(
f)(
1),
(
2),

and
(
3)
Submit
new
reports
or
modifications
to
exist
ing
repor
ts
to
qua
l
i
fy
for
manufacturing/
import
exclusions,
pursuant
to
compliance
with
the
reporting
requirements
of
Subpart
J.
 
 
Burdens
are
reported
under
§
§
761.185
and
§
761.187.
See
numbers
42
and
43.

Subpart
B
 
Use
2
§
§
761.20(
b)
and
(
c)(
1)
and
(
3)
Submit
an
exemption
petition
as
per
TSCA
Section
6(
e)(
3)
to
manufacture
(
import),

process,
or
distribute
in
commerce
(
export)

PCBs,
unless
otherwise
authorized.
 
 
Burdens
are
reported
under
§
§
761.80(
e)
and
(
i).
See
numbers
34
and
39.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
85­

3
§
761.30(
a)(
1)(
vi)

(
A)(
1),
(
xv)(
D)
Register
PCB
Transformers,
as
appropriate,

within
30
days
of
discovery.
85
PCB
transformers
Only
requirements
for
new
disclosures
are
now
applicable.
The
revised
number
of
these
disclosures
was
obtained
from
the
recent
analysis
conducted
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761(
U.
S.
EPA,
2003d).
For
this
report,
it
was
estimated
that
1,597,440
pieces
of
equipment
are
typically
tested
each
year
industry­
wide,

20
percent
of
which
are
transformers
(
319,488).
The
report
also
estimated
that
0.53
percent
of
transformers
contain

500
ppm
PCBs,
resulting
in
1,693
PCB
Transformers
discovered
each
year.
Industry
representatives
contacted
for
the
draft
analysis
reported
that
a
majority
of
these
units
(
i.
e.,
the
small
poleand
pad­
mounted
units)
are
disposed
of
and
would
not
need
to
be
reported
to
EPA.

Assuming
that
95
percent
of
these
units
are
disposed,
then
about
85
units
(
the
larger
expensive
units)
would
need
to
be
reported
to
the
Agency.

4
§
§
761.30(
a)(
2)(
v
)(
C)
and
.30(
h)(
2)
(
v)(
C)
Obtain
EPA
approval
to
use
alternate
method
to
reclassify
PCB
equipment.
20
hours
38
requests
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
86­

5
§
761.30(
i)(
1)(
iii)

(
A)(
1)
Submit
a
description
of
a
natural
gas
pipeline
system
that
contains
>
50
ppm
PCBs,
if
requested
by
EPA.
20
hours
1
systems
EPA
expects
this
to
be
a
rare
occurrence.

Only
one
description
was
submitted
during
the
past
few
years,
as
tallied
for
this
ICR
renewal
process.

6
§
761.30(
t)(
3)
Obtain
approval
for
the
use
of
PCBs
in
other
gas
or
liquid
systems.
20
hours
0
No
respondents
anticipated.

7
§
761.35(
b)
Obtain
approval
for
PCB
Articles
stored
for
reuse
for
>
5
years
in
a
facility
that
does
not
comply
with
§
761.65(
b).
0.166
hour
(
10
minutes
per
piece
of
equipment)
0
It
is
anticipated
that
there
will
be
no
respondents
to
this
regulation
during
the
clearance
period
of
this
ICR
in
that
regulated
entities
have
obtained
approvals
for
5­
year
storage
periods
during
2003,
the
period
when
the
past
clearance
period
expired.
These
approvals
will
be
valid
through
2008.
The
10­

minute
time
estimate
is
based
on
public
comment
and
EPA's
review
of
2003
submissions.
EPA
granted
approximately
80
waivers
covering
6,250
pieces
of
equipment;

each
request
averaged
about
75
items
and
EPA
estimates
took
12.5
hours
including
preparation
of
supporting
documentation.

Subpart
D
 
Storage
and
Disposal
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
87­

8
§
§
761.60(
e)
and
(
i)(
2);
.70(
a),
(
b),

and
(
d);

.75(
b)(
7),

(
b)(
8)(
ii),
and
(
c)
Submit
permit
application
and,
when
applicable,
a
demo
plan
for
obtaining
approval
to
operate
a
PCB
disposal
facility
(
i.
e.,
alternative
method
of
disposal,

incinerator,
chemical
waste
landfill).

Submit
requests
for
approval
of
R&
D
for
PCB
disposal
for
persons
not
following
selfimplementing
requirements.
40
applications
per
year,
as
follows:
5
new
incinerator
applications
(
3,000
hrs
to
prepare);
15
applications
for
incinerator
modifications
and
15
new
permit
and
modification
applications
for
non­
thermal
(
alternate
and
landfill)
facilities
(
700
hrs
to
prepare);
15
renewal
letters
for
all
technologies,
without
modifications
(
8
hours
to
prepare).
Total
number
of
applicants
increases
from
15
applicants,

based
on
the
number
of
applications
submitted
to
the
Regions
and
EPA
Headquarters
over
the
past
few
years.

Revised
weighted
average
burden
is
about
900
hours
average
per
submission,

decreased
from
990
hours,
based
on
a
higher
percentage
of
renewal
applications
compared
to
new
applications.
[(
3,000
x
5)
+
(
700
x
30)
+
(
8
x
15)]/
40.

9
§
761.60(
j)(
1)(
i)
Notify
EPA
to
obtain
an
identification
number
for
conducting
R&
D
on
PCB
disposal
activities.
1.5
hours
25
facilities
Also
see
#
44.

10
§
761.60(
j)(
1)(
ii)
Notify
EPA
(
as
well
as
State,
and
local)

officials
prior
to
conducting
R&
D
on
PCB
disposal
activities.
6
hours
10
facilities
Burden
reported
here
for
both
EPA
and
thirdparty
notification
at
Table
6­
2.
Estimated
total
number
of
respondents
decreases
from
20
to
10,
based
on
the
number
of
notifications
the
Agency
has
received
over
the
past
few
years.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
88­

11
§
761.60(
j)(
2)
Submit
permit
application
and,
when
applicable,
a
demo
plan
for
obtaining
approval
to
operate
a
PCB
disposal
facility
(
i.
e.,
alternative
method
of
disposal,

incinerator,
chemical
waste
landfill).

Submit
requests
for
approval
of
R&
D
for
PCB
disposal
for
persons
not
following
selfimplementing
requirements,
as
per
paragraph
(
j)
of
this
section.
20
hours
0
No
respondents
anticipated.

12
§
§
761.61(
a)(
3)(
i)

and
(
ii).
Notify
EPA
(
as
well
as
State,
Tribal,
and
local)
officials
of
self­
implementing
remediation
activity,
including
a
summary
of
the
procedures
used
to
sample
contaminated
areas
and
sample
collection
and
analysis
data;
submit
additional
information
as
requested;
and
certify
that
records
of
remediation
activity
are
on
file
at
the
location
designated
in
the
certificate.
100
hours
60
sites
About
60
sites,
decreased
from
90
sites,
based
on
the
total
number
of
notices
received
by
the
Agency
over
the
past
few
years.
Burden
is
reported
here
for
this
requirement
and
is
listed
on
Table
6­
2.

13
§
761.61(
a)(
3)(
ii)
Notify
EPA
of
changes
to
notification
of
self­
implementing
activities.
2
hours
15
sites
15
sites,
increased
from
10
sites,
based
on
the
number
of
notifications
the
Agency
has
received
over
the
past
few
years.
Hourly
estimate
is
based
on
the
time
estimate
to
prepare
other
notifications
for
the
selfimplementing
remediation
requirements.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
89­

14
§
761.61(
a)(
3)(
iii)
Request
a
waiver
of
the
notification
requirement
for
conducting
cleanup
of
PCB
remediation
waste.
20
hours
8
sites
8
sites,
slightly
reduced
from
10
sites,
based
on
number
of
notifications
the
Agency
received
over
the
past
few
years.

15
§
761.61(
a)(
8)(
i)

(
B)
Submit
certification
of
recording
the
deed
notation
required
under
paragraph
(
a)(
8)(
i)(
A)
of
this
section
has
been
recorded.
4
hours
10
sites
Number
of
sites
reduced
from
100
to
10
based
on
the
number
of
notices
the
Agency
has
received
in
the
past
few
years.

16
§
761.61(
c)(
1)
Apply
for
risk­
based
disposal
of
PCB
remediation
wastes.
Submit
additional
information
as
requested.
1,600
hours
25
Number
of
respondents
has
increased
from
5
to
about
25
per
year,
due
to
the
increased
familiarity
with
this
provision
and
based
on
the
number
of
applications
the
Agency
has
received
in
the
past
few
years.

17
§
761.62(
c)(
1)
Obtain
approval
for
risk­
based
disposal
or
storage
of
PCB
bulk
product
waste.
Provide
additional
information.
1,600
hours
10
Number
of
respondents
increased
from
5
to
10,
due
to
the
increased
familiarity
with
this
provision
and
based
on
the
number
of
applications
the
Agency
has
received
in
the
past
few
years.

18
§
761.65(
a)(
2)
Notify
of
continuing
attempts
to
secure
disposal
and
to
request
a
1­
year
storage
extension.
3
hours
20
waste
storers
Combined
for
numbers
18,
19,
and
20.

Estimated
total
notifications
decreased
from
38
to
20,
based
on
number
of
notifications
the
Agency
has
received
in
the
past
few
years.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
90­

19
§
761.65(
a)(
3)
Submit
request
for
additional
extensions
beyond
the
initial
1­
year
extension,

including
justification
and
information
on
measures
taken
to
secure
disposal.
 
 
See
#
18,
above.

20
§
761.65(
a)(
4)
Submit
request
for
modifications
to
TSCA
approval
to
allow
for
extended
storage
period.
 
 
See
#
18,
above.

21
§
761.65(
c)(
6)(
i)

(
C)
Demonstrate
that
other
containers
for
storage
of
PCB/
radioactive
wastes
are
protective
of
health
and
the
environment.
40
hours
5
Number
of
demonstrations
increased
from
1
to
5
based
on
the
number
conducted
over
the
past
few
years.

22
§
761.65(
d);

(
e)(
1),
(
6),

and
(
8);
and
(
f)
Prepare
application
for
commercial
storage
approval,
including
qualifications
of
key
employees,
closure
plan,
and
closure
cost
estimate.
Commercial
storer
must
also
notify
EPA
of
facility
modification,
closure
schedule,
and
completion
of
closure
activities.
392
hours
10
new;
15
renewal
applications
Increased
number
of
new
and
renewal
applicants
(
from
3
to
25),
based
on
the
number
the
Agency
has
received
in
the
past
few
years.
Weighted
average
to
prepare
new
and
renewal
application
decreases
from
393
hours
to
about
220
hrs
due
to
the
decreased
time
to
prepare
applications
for
facility
modifications
compared
to
applications
for
new
approvals
[(
392
hrs
x
10)
+
(
100
hrs
x
15)]/
25.
Time
to
prepare
notification
of
modification
was
estimated
to
be
about
onefourth
the
time
to
prepare
initial
application.

(
Also
see
#
25.)
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
91­

23
§
761.65(
e)(
4)
Submit
a
written
request
to
the
RA
to
modify
a
storage
approval
to
amend
the
closure
plan,
when
there
are
changes
in
ownership,
changes
in
expected
dates
of
closure,
and/
or
unexpected
events.
2
hours
17
times
Number
of
requests
increases
from
10
to
17
based
on
the
number
the
Agency
has
received
in
the
past
few
years.

24
§
761.65(
g)(
9)
Notify
issuing
authority
of
modifications
to
commercial
storage
facilities.
2
hours
10
storage
facilities
Number
of
notifications
remains
the
same,

based
on
the
number
the
Agency
has
received
in
the
past
few
years.

25
§
§
761.65(
j)
Demonstrate
that
a
new
owner
of
a
commercial
storage
facility
has
established
financial
assurance
for
closure.
Submit
new
or
amended
commercial
storage
application
as
a
result
of
change
in
ownership.
120
hours
10
applications
Total
number
of
respondents
is
consistent
with
the
total
number
of
applications
for
commercial
storage
approval,
as
per
#
22,

above.
Number
increases
from
3
to
10
based
on
the
number
of
applications
the
Agency
has
received
in
the
past
few
years.

26
§
§
761.70(
a)(
8),

(
9);
and
(
d)(
5)
Obtain
approval
of
alternate
measures
when
regulatory
requirements
cannot
be
met
for
operating
a
PCB
incinerator.
1,910
hours
0
No
respondents
anticipated.
It
was
assumed
that
if
a
facility
does
not
meet
the
performance
criteria,
it
will
not
accept
PCB
waste.

27
§
§
761.70(
d)(
8);

761.75(
c)(
7)
Notify
EPA
of
change
in
ownership
of
disposal
facility
(
i.
e.,
for
incinerators
and
landfills).
8
hours
5
facilities
Note
that
the
hourly
estimate
includes
only
a
cursory
review
of
the
existing
permits
by
the
new
owner,
not
a
thorough
review.
Number
of
respondents
increases
from
2
to
5
based
on
the
number
of
notifications
the
Agency
has
received
over
the
past
few
years.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
92­

28
§
§
761.71(
a)(
2)

and
(
b)(
2)
Notify
EPA
prior
to
initial
use
of
a
high
efficiency
boiler
to
burn
mineral
oil
dielectric
fluid.
Seek
approval
to
burn
liquids,
other
than
mineral
oil
dielectric
fluid
in
a
HEB.
1.5
hours
to
notify
EPA
of
HEB
information;

40
hours
to
prepare
approval
request
letter
to
the
RA.
0
respondents
to
notify;

1
to
request
approval
Revised
number
of
notifications
from
20
notifications
and
no
approval
requests
to
no
notifications
and
1
approval
request,
based
on
the
number
EPA
has
received
in
the
past
few
years.
Also
see
#
44.

29
§
761.72(
c)(
2)
Notify
EPA
as
a
scrap
metal
recovery
oven
or
smelter
used
to
dispose
of
PCBs
and
comply
with
the
reporting
requirements
of
Subparts
J
and
K.
1.5
hours
0
No
requests
anticipated.
Also
see
#
44.

30
§
761.72(
c)(
3)
Request
approval
to
dispose
of
PCBs
in
an
oven
or
smelter
based
on
site­
specific
risk
assessments,
in
lieu
of
meeting
requirements
listed
in
§
761.72.
1,600
hours
0
One
request
for
approval
was
received
during
the
past
clearance
period,
but
no
new
respondents
are
anticipated.

31
§
§
761.77(
a)(
1)(
i),

(
a)(
1)(
ii)(
A)(
1)

and
(
C),
and
.77(
a)(
2)
Submit
a
notification
to
the
RA
for
coordinated
approval
and
additional
information,
as
requested
by
EPA.
Submit
an
application
for
TSCA
disposal
approval,

if
the
RA
denies
the
request
for
a
coordinated
approval
or
determines
that
the
conditions
of
the
coordinated
approval
are
not
being
met.
36
hours
(
notification);

480
hours
(
approval
application).
6
notifications;

0
approval
applications
Total
number
of
respondents
decreases
from
36
to
6
based
on
the
actual
number
of
notifications
the
Agency
has
received
in
the
past
few
years.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
93­

32
§
761.77(
a)(
3)
Notify
EPA
of
changes
in
waste
management
requirements
in
the
non­
TSCA
waste
management
document
used
to
obtain
TSCA
PCB
coordinated
approvals.
8
hours
0
waste
disposers
No
notifications
were
submitted
in
the
past
few
years.

33
§
761.79(
h)
Prepare
requests
for
decontamination
approvals
of
alternative
decontamination
or
sampling
methods.
EPA
may
request
additional
information.
1,600
hours
20
This
number
increased
from
5
to
20
requests
due
to
an
increased
interest
in
this
provision.

Subpart
E
 
Exemptions
34
§
§
761.80(
e)(
1)

and
(
i)(
1)
Submit
R&
D
exemption
petition
to
qualify
for
the
class
exemptions
to
mfg.
PCBs
for
disposal
R&
D
and
to
mfg,
import,
process,

distribute,
and
export
PCBs
and
analytical
reference
samples
derived
from
PCB
waste
for
the
purpose
of
R&
D.
40
hours
1
company
Reduced
estimate
for
total
number
of
respondents
from
27
companies
to
1
company
is
based
on
recent
Agency
submissions.
Estimates
are
combined
for
#
34,
36.
And
38.

35
§
761.80(
e)(
2)

and
(
i)(
2)
Submit
requests
for
renewal
of
the
exemptions
as
per
§
§
750.11
and
31.
(
Renewals
to
company­
specific
exemptions
can
be
handled
following
the
same
procedures.)
1
hour
1
request
Reduced
estimate
from
3
requests
to
1
request
per
year
based
on
recent
Agency
requests.

36
§
§
761.80(
e)(
3),

(
g)(
2),
and
(
i)(
4)
Obtain
approval
from
EPA
to
exceed
limits
of
the
exemption.
 
0
requests
for
approval
See
#
34,
above.

37
§
761.80(
e)(
4)
Notify
EPA
before
beginning
R&
D
activities
that
include
the
manufacture
of
PCBs.
20
hours
1
notification
Notifications
reduced
from
3
to
1
per
year
based
on
recent
Agency
submissions.
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
94­

38
§
761.80(
n)
Submit
a
petition
for
certain
exemptions
to
address
increases
in
the
amount
of
PCBs
to
be
processed
and
distributed,
imported
(
manufactured),
or
exported,
or
changes
in
the
manner
of
processing
and
distributing,

importing
(
manufacturing),
or
exporting
PCBs.
(
See
#
35
for
renewals.)
40
hours
0
requests
There
have
been
no
such
requests
in
the
past
several
years.
Total
captured
in
Item
#
34.

Subpart
F
 
Transboundary
Shipments
of
PCBs
for
Disposal
39
§
§
761.93(
a)
and
.97(
a)
Submit
an
exemption
petition
to
import
or
export
PCBs
or
PCB
Items
for
disposal.
___
___
Burden
is
reported
at
§
§
761.20(
b)
and
(
c)(
1)

and
(
3).
See
#
2.

Subpart
G
 
PCB
Spill
Cleanup
Policy
40
§
§
761.125(
a)(
1)

(
i)
to
(
iii)
Report
certain
spills
of
PCBs
to
the
EPA.
0.167
hours
(
10
minutes)
100
calls
Number
of
calls
increased
from
none
to
100
based
on
number
the
Agency
received
in
the
past
few
years.
Requirement
also
listed
on
Table
6­
2.

Subpart
J
 
General
Records
and
Reports
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
95­

41
§
§
761.180(
b),

(
b)(
3),
and
(
c)(
5)
Submit
annual
reports
for
the
operation
of
PCB
incinerators,
chemical
waste
landfills,

high
efficiency
boilers,
and
commercial
storage
facilities,
including
facilities
that
dispose
of
the
PCB
wastes
they
generate.

Report
suspension
of
operations.
59
hours
facilities
The
estimate
for
number
of
facilities
was
generated
by
using
the
total
number
of
EPAapproved
storage
and
disposal
facilities
(
137),

and
increasing
this
number
by
15
percent
to
reflect
the
additional
facilities
that
also
dispose
of
the
wastes
that
they
generate
(
U.
S.
EPA
2003
a
and
2003b).
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
96­

41a
§
761.180(
g)
Provide
records
of
PCB
equipment
reclassification,
if
requested,
by
EPA.
0.25
hours
transformers
Industry
representatives
indicated
that
only
the
very
large,
expensive
transformers
would
likely
be
reclassified
and
only
an
insignificant
number
of
voltage
regulators,
electromagnets,

and
switches
would
be
reclassified
(
Davis,

2003;
U.
S.
EPA
2003d).
Thus,
this
ICR
deals
only
with
estimating
the
burden
associated
with
the
reporting
requirements
for
transformers.
As
reported
in
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761,
only
5percent
of
transformers
are
the
very
large
units.
If
about
2,450,000
transformers
remain
total
that
contain
PCBs
during
the
period
of
this
ICR
(
as
indicated
in
the
Draft
Analysis),
then
about
122,500
will
be
handled
each
year
(
over
the
next
20
years).

Reclassifying
5
percent
per
year
would
be
6,125
units
annually.

Regional
PCB
Coordinators
have
reported
that
they
have
requested
about
45
records
per
year
(
0.7
percent).
(
Also
see
numbers
74c
and
d).

The
hourly
estimate
assumes
it
takes
15
minutes
for
equipment
owners
to
provide
requested
records
(
ERG,
2000).
One
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
97­

42
§
761.185
Notify
EPA
and
certify
low
level
PCB
product
contamination
to
be
exempt
from
the
requirements
of
Subpart
B,
regarding
processes
inadvertently
generating
PCBs
and
imports
of
products
containing
inadvertently
generated
PCBs.
Certification
must
be
repeated
if
the
previous
certification
is
no
longer
valid.
20
hours
10
companies
Submissions
will
report
about
new,
modified,

or
import
activities
or
about
excess
releases.

Number
is
declining
because
companies
with
exclusions
have
identified
themselves
in
the
initial
group
of
submissions.

43
§
761.187
Notify
EPA
when
PCB
releases
exceed
limits,
to
be
exempt
from
the
requirements
of
Subpart
B,
for
products,
manufactured
or
imported
containing
inadvertently
generated
PCBs.
20
hours
1
company
Hourly
estimate
is
based
on
time
to
review
the
monitoring
log
and
compile
information
into
the
notification.

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
44
§
§
761.202(
a);

205(
a)
to
(
c)
Notify
EPA
of
waste
handling
activities,
for
generators,
commercial
storers,
transporters,

or
disposers
of
PCB
waste.
1.5
hours
100
waste
handlers
Roughly
9,100
notices
have
been
received;

relatively
few
"
new"
submissions
are
anticipated.
Also
see
numbers
9,
28,
and
29,

above.

45
§
761.205(
f)
Report
changes
in
notifications
previously
submitted
by
PCB
waste
handlers.
1.5
hours
200
waste
handlers
 
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
98­

46
§
761.208(
a)(
4)

and
§
§
761.215(
b)

to
(
d).
Submit
Exception
Reports
to
EPA,
as
specified
in
§
761.215(
b)
to
(
d),
when
PCB
waste
generators,
disposers,
and/
or
commercial
storers
do
not
receive
confirmation
that
a
shipment
of
a
PCB
waste
has
been
properly
disposed
of.
2
hours
325
reports
Estimated
number
of
reports
increased
from
25
to
325
based
on
number
of
reports
the
Agency
has
received
annually
in
the
past
few
years.
Combined
for
numbers
46
and
47.

47
§
761.210(
b)
Submit
Discrepancy
Reports
along
with
a
copy
of
the
manifest
to
EPA
when
the
PCB
waste
received
by
a
disposer
is
significantly
different
from
the
description
on
the
manifest,
and
the
discrepancy
is
not
resolved
after
receiving
the
waste.
 
 
See
#
46,
above.

48
§
761.211(
b)
Notify
RA
of
unmanifested
PCB
waste,
for
owners/
operators
of
commercial
storage
facilities
who
cannot
contact
the
generator
of
the
PCB
waste.
0.5
hours
60
notifications
Number
of
notifications
increased
from
25
to
60
based
on
the
number
the
Agency
has
received
in
the
past
few
years.

49
§
761.211(
c)
Submit
Unmanifested
Waste
Reports
(
e.
g.,

waste
description,
volume,
disposition;
date
received;
ID
numbers
of
waste
handlers
for
that
waste)
to
EPA
when
disposers
accept
a
shipment
of
PCB
waste
without
an
accompanying
manifest.
2
hours
80
reports
Number
of
reports
increased
from
50
to
80
based
on
the
number
the
Agency
has
received
annually
in
the
past
few
years.

Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
under
§
761.79(
d)(
4)
TABLE
6­
1,
continued
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
99­

50
§
§
761.395
and
761.398
Submit
results
of
analysis
and
validation
study
to
the
Director,
National
Program
Chemicals
Division
(
NPCD).
16
hours
5
studies
Estimate
for
the
total
number
of
respondents
is
5
percent
of
the
estimated
100
decontamination
sites.
Also
refer
to
#
93,

Table
6­
3.
­
100­

TABLE
6­
2
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
40
CFR
761
Subpart
B
 
Use
51
§
§
761.20(
e)(
3)(
ii);

.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)(
B)
Burner
of
used
oil
must
provide
a
1­
time
certification
to
the
marketer
that
he
is
in
compliance
with
notification
requirement
at
§
761.71(
a)(
2).
1
hour
 
No
respondents
anticipated.

52
§
§
761.30(
a)(
1)(
xi)

and
(
xv)(
A);

.30(
h)(
1)(
ii)(
B)
Report
PCB
Transformers
and
Voltage
Regulator
fire
incidents
to
the
NRC.
0.167
hour
(
10
minutes)
28
calls
NRC
data
for
2000
to
2002
indicate
the
Center
received
a
total
of
830
PCB­
related
calls,
or
an
average
of
276
calls
per
year
(
U.
S.
Coast
Guard,
2003).
An
overview
of
these
data
indicates
that
a
number
of
calls
were
to
report
transformer
fire
incidents.
It
will
be
assumed
for
this
ICR
that
10
percent
of
all
calls
(
28
calls)
are
to
report
fire­
related
incidents.

53
§
761.30(
a)(
1)

(
xiv)
Notify
owner
of
PCB
Transformer
that
equipment
may
pose
risk
of
exposure
to
food
or
feed.
 
 
No
burden.
All
notifications
were
to
have
been
made
by
October
1,
1985,
although
notification
could
occur
if
a
mineral
oil
transformer
in
a
location
near
food
or
feed
is
discovered
to
contain

500
ppm
PCBs.

54
§
761.30(
a)(
1)(
xv)

(
D)
Register
PCB
Transformers
with
the
building
owner
within
30
days
of
discovery
 
 
Burden
reported
on
Table
6­
1.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
101­

Subpart
D
 
Storage
and
Disposal
55
§
761.60(
a)(
3)(
ii)
Provide
information
to
chemical
waste
landfills
that
liquids
do
not
exceed
500
ppm
and
are
not
ignitable.
20
hours
 
No
respondents
anticipated.

56
§
761.60(
b)(
5)(
i)

(
A)(
1)
Include
abandoned
natural
gas
pipes
that
contain
PCBs
in
public
service
notification
programs.
0.25
hour
(
15
minutes)
50
pipes
Industry
representative
indicated
no
change
to
this
element
(
Lacey,
2003).

57
§
761.60(
f)(
1)(
i)
Provide
State
and
local
officials
with
notification
prior
to
first
use
of
an
approved
chemical
waste
landfill,
incinerator,
or
alternate
PCB
disposal
technology.
0.50
hour
(
30
minutes).
600
notifications
Since
cleanup
activities
remain
the
same,
the
estimates
for
the
use
of
mobile
equipment
at
300
unique
sites
remains
the
same,
and
will
be
used
as
follows:
200
substations
per
year
will
use
mobile
equipment
to
clean
PCB
Transformers;
about
50
remediation
sites
will
use
solvent
extraction
units;
5
sites
will
use
mobile
incinerators,
vitrification
units,
or
physical
separation
units,
and
45
sites
will
use
other
existing
or
newly
permitted
equipment.

58
§
761.60(
f)(
1)(
ii)
Provide
annual
notice
of
the
quantities
and
description
of
the
PCBs
disposed
of
to
State
or
local
governments,
at
their
request.
0.5
hour
 
Since
the
annual
reporting
requirement
to
State/
local
governments
would
be
initiated
at
the
State
or
local
government
level,
EPA
has
no
way
of
estimating
this
total
burden.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
102­

59
§
761.60(
j)(
1)(
ii)
Notify
State
and
local
officials
(
as
well
as
EPA)
of
PCB
R&
D
disposal
activities.
 
 
Total
burden
for
EPA
and
third­
party
reporting
requirements
are
reported
on
Table
6­
1.

60
§
761.60(
j)(
1)(
vii)
Use
manifests,
pursuant
to
Subpart
K,
for
all
R&
D
PCB
wastes
being
transported
from
the
R&
D
facility
to
an
approved
PCB
storage
or
disposal
facility.
1
hour
26
facilities
Estimate
is
based
on
one
shipment
per
year
for
each
facility.
Total
number
of
R&
D
facilities
is
listed
on
PADs
database
61
§
§
761.61(
a)(
3)(
i)
Notify
State
and
local
officials
(
as
well
as
EPA)
of
self­
implementing
remediation
activity.
 
 
Total
burden
for
EPA
and
third­
party
reporting
requirements
is
reported
on
Table
6­
1.

62
§
761.61(
a)(
5)(
i)

(
B)(
2)(
iv)
Notify
offsite
non­
TSCA
facility
of
pending
shipment
of
remediation
waste.
2
hours
100
waste
shippers
Combined
for
remediation
and
bulk
product
wastes
(
numbers
62
and
64).

63
§
761.61(
a)(
8)(
i)

(
A)
Attach
a
notation
to
the
deed
for
property
at
which
remediation
projects
require
a
permanent
fence
or
cap.
3
hours
100
sites.
 
64
§
§
761.62(
b)(
4)(
i)

and
(
ii)
(
See
also
§
§
761.357
and
359)
Provide
notification
to
a
receiving
facility
that
does
not
have
a
commercial
PCB
storage
or
disposal
approval
before
the
first
shipment
of
a
PCB
bulk
product
waste
stream.
In
addition,
for
certain
waste
this
notice
must
be
provided
with
each
shipment
thereafter.
 
 
See
#
62,
above.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
103­

65
§
§
761.65(
c)(
1)

and
(
8)
Attach
a
notation
to
a
PCB
Item
or
PCB
Container
containing
the
item
indicating
the
date
the
Item
was
removed
from
service
for
disposal,
to
be
able
to
temporarily
store
the
item/
container
in
an
area
that
does
not
comply
with
the
storage
requirements
of
paragraph
(
b)
of
this
section.
0.083
hours
(
5
minutes)
91,120
Items,
Containers,

and
Article
Containers
The
number
of
Items,
Containers,
and
Article
Containers
decreases
based
on
a
recent
extensive
analysis
conducted
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761(
U.
S.
EPA,
2003d).
This
report
indicates
that
582,000
units
that
contain
PCBs
are
removed
from
service
for
disposal
each
year
(
including
PCB
Transformers,
Large
Capacitors,
Small
Capacitors,
and
Voltage
Regulators,
as
well
as
circuit
breakers,
reclosers,
rectifiers,

switches,
electromagnets,
and
cables)
and
that
8
percent
of
these
units
contain

500
ppm
PCBs
(
46,560
PCB
Items).
The
assumption
remains
that
at
any
given
time,

there
will
be
just
as
many
PCB
Containers
and
Article
Containers
as
Articles,
making
the
total
number
of
PCB
Items
91,120.
For
example,
there
may
be
instances
where
contaminated
soil
from
one
PCB
Article
spill
may
fill
50
containers
or
that
the
oil
drained
from
one
PCB
Transformer
fills
4
containers.

The
estimate
captures
that
some
Articles
will
be
combined
into
one
Container.

The
time
estimate
for
these
requirements
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
104­

66
§
761.65(
i)(
3)
Send
information
regarding
the
sample
collector,
the
lab,
date
of
shipment,
quantity,

and
description
of
sample,
when
sending
PCB
samples
to
a
laboratory
for
testing.
4
hours
 
Since
EPA
has
no
way
of
estimating
the
number
of
samples
that
would
be
sent
off­
site
annually
for
testing,
or
the
frequency
with
which
the
samples
are
sent
to
an
off­
site
lab,

EPA
cannot
estimate
the
total
annual
burden
associated
with
this
requirement.

Subpart
G
 
PCB
Spill
Cleanup
Policy
67
§
761.125(
a)(
1)
Report
certain
spills
of
PCBs
to
the
NRC.
0.167
hours
(
10
minutes)
276
incidences
New
average
based
on
the
number
of
PCBrelated
incidences
reported
to
the
NRC
from
2000
to
2002
(
U.
S.
Coast
Guard,
2003).

Related
requirement
to
notify
EPA
is
included
on
Table
6­
1.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
105­

68
§
761.125(
c)

(
2)(
ii)
Place
label
or
notice
at
PCB
contamination
cleanup
sites
at
outdoor
electrical
substations
that
involved
1
lb
or
more
PCBs
by
weight
(
270
gallons
or
more
of
untested
mineral
oil).
1
hour
262
sites
Revised
estimate
assumes
that
the
>
1­
lb
spills
at
electrical
substations
are
a
large
subset
but
not
all
of
all
the
spills
that
must
be
reported
to
the
NRC;
95
percent
of
the
average
annual
276
spills
reported
from
2000
to
2002
(
U.
S.
Coast
Guard,
2003).
This
number
is
reduced
from
the
previous
ICR,

which
assumed
there
would
be
12
spills
at
each
of
the
565
large
utilities,
disposers,
and
storers,
for
a
total
of
6,780
sites.

The
capital
costs
for
placing
the
sign
is
assumed
to
be
$
50
per
site
(
i.
e.,
for
posts,

labels,
etc.),
for
a
total
of
$
13,100.

Subpart
J
 
General
Records
and
Reports
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
106­

68a
§
761.180(
g)
Provide
records
of
PCB
equipment
reclassification,
if
requested,
by
recipients
of
equipment.
0.5
hours
3,063
units
Estimate
assumes
it
takes
5
minutes
for
a
manager
to
approve
and
delegate
each
request
for
records
and
25
minutes
for
a
clerk
to
copy
and
send
a
paper
or
electronic
version
of
each
complete
record
(
ERG,

2000).

Refer
to
#
41a
for
the
rationale
for
determining
that
the
total
amount
of
reclassified
equipment
would
be
6,125
transformers.
Of
this
amount,
50
percent
will
be
retained
by
owners
(
3,063),
and
50
percent
will
be
transferred
to
other
entities
(
i.
e.,
sold,
loaned,
leased,
sent
for
servicing).
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
107­

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
69
§
§
761.207(
a)
and
208(
a)(
2)
and
(
3)
Prepare
manifests
and
provide
generatorinitiated
manifests
of
PCB
waste
to
each
transporter
or
designated
commercial
storage
or
disposal
facility.
0.083
(
5
minutes)

average
According
to
a
compilation
of
the
PCB
Annual
Reports,
from
1998
to
2001,
an
annual
average
of
110,368
items
(
PCB
Capacitors,
Article
Containers,
Transformers,

and
PCB
Containers)
were
transferred
to
another
facility
(
i.
e.,
a
storer
or
disposer)

(
U.
S.
EPA,
20023f).
Each
Item
or
container
of
items
or
waste
transported
from
a
generator
either
to
a
storer
or
disposer
requires
information
included
on
a
manifest.

To
compile
the
original
information
for
the
first
manifest
that
accompanies
a
piece
of
equipment
or
container
would
take
about
10
minutes
per
item
(
0.167
hours).
It
would
take
less
time
per
item
for
storers
to
include
information
on
a
manifest
(
to
send
to
a
disposer)
because
the
information
is
already
available.
Thus
it
will
be
assumed
that
the
time
to
include
information
on
a
manifest
per
item
would
average
5
minutes
per
item
(
0.083
hours).

Refer
to
numbers
101
and
102.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
108­

70
§
§
761.208(
c)(
1)

(
iv)
and
(
c)(
2)(
iv)
Storer
or
disposer
sends
a
copy
of
the
manifest
or
shipping
paper
to
the
generator.
0.167
hours
(
10
minutes)
reports
The
manifest
information
is
already
prepared
at
this
point
with
a
number
of
Items
contained
on
the
manifest
or
shipping
paper.

A
shipment
can
contain
from
1
item
(
such
as
a
large
20­
ft
x
20­
ft
transformer
to
about
40
drums
that
contain
PCB
Articles
or
bulk
waste
(
Orton,
2003),
with
each
Item
or
drum
requiring
a
unique
recordkeeping
number.
It
will
be
assumed
for
this
report
that
the
average
number
of
items
on
a
manifest
is
20,

so
that
of
the
110,368
Items
transferred,
only
5,518
manifests
or
shipping
papers
need
to
be
returned.

Refer
to
numbers
101
and
102.
TABLE
6­
2,
continued
THIRD­
PARTY
REPORTING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
109­

71
§
§
761.218(
a)
and
(
b)
Send
Certificates
of
Disposal
to
generators
of
PCB
waste
when
disposal
of
each
item
is
complete
for
a
manifested
PCB
waste
shipment.
0.25
hour
(
15
minutes)

average
Based
on
the
PCB
Annual
Report,
the
average
annual
total
number
of
capacitors,

Article
containers,
transformers,
and
PCB
containers
disposed
of
from
1996
to
2001
is
104,518
(
U.
S.
EPA,
2003f).
Assuming
that
information
regarding
20
items
is
included
on
one
Certificate
of
Disposal,
then
there
are
a
total
of
5,226
certificates.
This
number
is
similar
to
the
total
reports
in
Item
#
70,
but
assumes
that
the
information
on
the
Certificates
is
not
necessarily
the
same
as
the
items
sent
to
the
disposers
by
storers
(
i.
e.,

some
shipments
could
have
included
items
from
various
generators,
thus,
this
information
could
not
be
sent
on
the
same
Certificate,
although
it
is
based
on
the
information
from
the
manifest
or
shipping
paper).
Even
when
a
facility
must
input
data
for
each
Item,
most
of
the
required
information
is
readily
available
for
a
majority
of
cases.

Also
refer
to
numbers
101
and
102.
­
110­

TABLE
6­
3
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
40
CFR
761
Subpart
A
 
General
72
§
§
761.1(
f)
Comply
with
recordkeeping
requirements
of
Subpart
J
[
§
§
761.185(
c)(
2)
and
(
d),
and
.193]
as
a
condition
of
the
exclusion
from
the
PCB
bans,
for
persons
who
inadvertently
manufacture
or
import
PCBs
generated
as
unintentional
impurities
in
excluded
manufacturing
processes
or
generate
PCBs
in
excluded
manufacturing
process
or
products
with
recycled
PCBs.
 
 
Burden
is
reported
at
§
§
761.185(
c)(
2)
and
(
d),

and
.193(
a).
See
#
100.

Subpart
B
 
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
of
PCBs
and
PCB
Items
73
§
§
761.20(
e)

(
4)(
i)
and
(
ii);

.30(
i)(
5)(
ii);
and
.60(
b)(
5)(
iv)(
B)
Marketer
who
first
claims
used
oil
does
not
contain
detectable
PCBs
must
retain
records
supporting
the
claim
and
a
copy
of
each
certification
notice
received
or
prepared
relating
to
transactions
involving
PCBcontaining
used
oil.
Burners
must
include
among
the
records
a
copy
of
each
certification
notice
that
has
been
provided
to
a
marketer
of
PCB­
containing
used
oil.
0.25
hours
(
15
minutes)
 
No
significant
burden
anticipated.
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
111­

74a,

b
§
§
761.30(
a)(
1)

(
xii)
and
(
xiv)
Maintain
records
of
inspection
and
maintenance
history
for
at
least
3
years
after
the
disposal
of
a
PCB
Transformer,

including
records
of
registration,
as
per
§
761.30(
a)(
1)(
vi)(
C).
0.05
hour
(
3
minutes)
to
track
inspection
data;
0.033
(
2
minutes)
to
file
and
maintain
data
250,000
PCB
Transformers
50
percent
(
125,000)
are
inspected
annually
and
50
percent
are
inspected
quarterly
Revised
estimate
represents
the
approximately
250,000
PCB
Transformers
estimated
to
be
in
existence
during
the
clearance
period
of
this
ICR
(
as
reported
in
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
(
U.
S.

EPA,
2003d).
Time
estimate
remains
the
same
and
reflects
the
average
time
for
a
technician
to
track
the
data
(
3
minutes)
and
for
a
clerk
to
file
and
maintain
the
data
(
2
minutes).
This
report
does
not
account
for
actual
inspection
time.
The
calculations
for
this
estimate
account
for
the
differences
in
burden
between
annual
and
quarterly
inspections.
It
is
assumed
that
the
time
to
maintain
records
for
the
disposed
transformers
is
insignificant.
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
112­

74c,

d
§
§
761.30(
a)(
1)

(
xii)
and
(
xiv)
Maintain
records
of
inspection
and
maintenance
history
for
at
least
3
years
after
the
disposal
of
a
PCB
Transformer,

including
records
of
registration,
as
per
§
761.30(
a)(
1)(
vi)(
C).
Accounts
for
the
reduced
number
of
Transformers
that
will
be
subject
to
this
requirement
based
on
the
implementation
of
the
Reclassification
Rule,

§
§
761.30(
a)(
2)(
v)
and
(
vi).
0.05
hour
(
3
minutes)
to
track
inspection
data;
0.033
(
2
minutes)

to
file
and
maintain
data
­
306
PCB
Transformers
;
50
percent
(­
153)
are
inspected
annually
and
50
percent
are
inspected
quarterly
About
6,125
transformers
that
contain
PCBs
are
reclassified
each
year
(
see
#
41a).
If
5percent
PCB
Transformers,
then
306
PCB
Transformers
are
reclassified
each
year
(
U.
S.
EPA,
2003d).

The
Reclassification
Rule
(
see
#
75a
and
b),

reduces
the
total
number
of
transformers
subject
to
the
inspection
recordkeeping
requirement.

Using
the
same
calculation
method
as
indicated
above
for
#
74
a
and
b,
this
requirement
shows
the
estimated
savings
for
the
reduced
number
of
Transformers
that
will
be
subject
to
this
requirement.

75
§
§
761.30(
a)(
2)(
v)

(
C)
and
(
D);

761.30(
h)(
2)(
vi)

(
C)
and
(
D);
and
761.180(
a)
Maintain
records
at
the
facility
where
electrical
transformers,
voltage
regulators,

electromagnets,
and
switches
have
been
reclassified
to
a
lower
PCB
concentration.
0.25
(
15
minutes)
6,125
transformers
Refer
to
#
41a
for
an
explanation
of
the
number
of
transformers
reclassified
each
year.
It
is
assumed
that
the
burden
associated
with
reclassified
equipment
other
than
transformers
will
be
insignificant.
It
was
also
assumed
that
it
will
take
15
minutes
to
maintain
the
records
on
pre­
and
post
reclassification
concentration
of
the
transformer
(
EPA,
2000).

76
§
§
761.30(
i)(
1)

(
iii)(
B)
and
(
C)
Keep
records
of
data
collected
on
certain
natural
gas
pipeline
systems
with

50
ppm
PCBs
and
records
of
actions
taken
to
reduce
PCB
contamination
for
3
years
after
PCBs
reduced
to
<
50
ppm.
4
hours
100
systems
It
is
not
anticipated
that
new
records
will
need
to
be
developed;
historical
data
can
be
used.
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
113­

77
§
761.35(
a)(
2)
Keep
records
of
equipment
stored
for
reuse.
0.15
hour
189,225
pieces
of
equipment.
Total
pieces
of
equipment
that
require
recordkeeping
is
based
on
information
reported
in
the
cost
analysis
for
the
Final
Rule,
which
was
reviewed
to
generate
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
(
U.
S.
EPA,
1998b
and
U.
S.
EPA,
2003d).
It
was
reported
in
the
cost
analysis
that
equipment
owners
will
store
182,700
PCB
Articles
for
<
5
years
in
areas
that
do
not
comply
with
§
761.35(
b)
and
6,525
PCB
Articles
for
>
5
years,

with
compliance
with
recordkeeping
and
reporting
requirements,
for
a
total
of
189,225
pieces
of
equipment
for
this
requirement.

Subpart
C
 
Marking
of
PCBs
and
PCB
Items
78
§
761.40(
c)(
2)(
ii)

and
(
k)
Keep
records
of
the
protected
location
of
PCB
large
capacitors
where
owner
chooses
not
to
mark
individually
(
optional).
0.1
hour
(
6
minutes)
100,000
pieces
of
equipment
Based
on
analysis
contained
in
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
(
U.
S.

EPA,
2003d).

Subpart
D
 
Storage
and
Disposal
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
114­

79
§
761.60(
j)(
1)(
ix)
Keep
records
of
R&
D
for
disposal
activities.
12
hours
26
facilities
Number
of
facilities
based
on
data
contained
in
the
PADS
database
(
U.
S.
EPA,
2003e).

80
§
§
761.61(
a)(
3)(
i)

(
E);
and
(
a)(
6)
Retain
records
of
the
sampling
plans,
sample
collection
procedures,
sample
preparation
procedures,
extraction
procedures,
and
instrumental/
chemical
analysis
procedures
used
to
assess
or
characterize
the
PCB
contamination
at
the
cleanup
site,
and
certification
that
these
records
are
on
file
at
the
location
designated
in
the
certificate.

Keep
records
of
comparison
studies
for
any
alternate
method
used
that
meet
or
exceed
the
requirements
of
§
761.326.
Keep
records
of
sampling
and
sample
analysis
to
verify
cleanup
and
on­
site
disposal
of
bulk
PCB
remediation
wastes
and
porous
surfaces,
as
per
Subpart
O,
§
761.295.
1
hour
100
sites
Also
see
§
761.295.

81
§
761.61(
a)(
3)(
iii)
Retain
original
waivers
from
the
selfimplementing
remediation
requirements
received
from
the
RA,
State,
and
local
agencies.
0.167
hour
(
10
minutes)
100
sites
Time
estimate
was
slightly
increased
to
be
consistent
with
similar
activities.

82
§
761.61(
a)(
9)
Keep
records
in
accordance
with
§
761.125(
c)(
5)
for
(
a)(
3),
(
a)(
4),
and
(
a)(
5)

of
this
part.
20
hours
100
sites
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
115­

83
§
761.62(
b)(
5)
Maintain
a
written
record
of
all
sampling
and
analysis
of
PCBs
or
notifications
made
under
this
part
and
make
available
upon
request.
4
hours
26
sites
Estimate
is
15
percent
of
170
total
number
of
affected
sites.

84
§
§
761.65(
a)(
2)(
ii)

and
(
a)(
3)
Keep
a
written
record
of
attempts
to
secure
disposal
capacity.
Records
may
be
required
for
periods
of
extended
storage.
4
hours
60
waste
storers
Number
of
waste
storers
is
1
percent
of
the
total
number
of
waste
generators
and
storers
(
5,977)

listed
in
the
PADs
database
(
U.
S.
EPA,
2003e).

85a,

b
§
761.65(
c)(
1)(
iv)
Prepare/
modify
Spill
Prevention,
Control
and
Countermeasure
Plans
to
address
liquid
PCBs
>
500
ppm,
to
be
able
to
temporarily
store
PCB
Containers
containing
liquid
PCBs
at

50
ppm
in
areas
that
do
not
comply
with
the
storage
requirements
of
§
761.65.
60
hours/
new
plan;
2
hours/

adapted
plan
5
new
respondents;

10
adapt
existing
plans
It
is
estimated
that
only
5
waste
generation
facilities
will
be
required
to
prepare
plans
from
scratch
and
10
facilities
will
adapt
existing
plans.

86
§
761.65(
c)(
7)(
ii)
Prepare
a
Spill
Prevention,
Control,
and
Countermeasure
Plan
(
SPCC),
when
using
stationary
storage
containers,
as
per
29
CFR
1910.106,
for
liquid
PCBs.
60
hours
5
facilities
It
is
not
foreseen
that
many
facilities
will
enter
into
the
PCB
storage
business
each
year.

87
§
761.65(
c)(
8)
Keep
records
of
the
quantity
and
the
date
of
each
batch
added
to
the
stationary
storage
container.
0.083
hours
(
5
minutes)
30,000
batches
Number
of
batches
remains
the
same.
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
116­

88
§
§
761.65(
c)(
10)

and
761.180
Establish
and
maintain
records
as
per
§
761.180
for
storing
for
disposal
PCBs
and
PCB
Items

50
ppm.
843
hours
88
commercial
storers
The
total
number
of
storers
was
obtained
from
the
EPA
list
of
TSCA
Commercial
Storers,

October,
2003
(
U.
S.
EPA,
2003b).

89
§
§
761.70(
a)(
3),

(
4)
and
(
7);
(
c);

and
761.180(
c)
Maintain
for
incinerators
records
of
quantities,
feed
rates,
temperatures,

combustion
products,
and
operations,
and
special
records,
as
per
§
761.180(
c).
843
hours
4
incinerators
From
the
EPA's
list
of
Commercially
Permitted
Incinerators
(
U.
S.
EPA,
2003a).

90
§
§
761.71(
a)(
1)

(
vi)
and
(
vii),

(
a)(
4),
(
b)(
1)(

vivii
(
b)(
5);

761.180(
e)
Record
and
retain
monthly
HEB
operation
data.
12
hours
20
HEBs
Note
that
5
of
these
HEBs
(
from
EPA
Region
VI)
are
used
intermittently,
so
that
total
hourly
burden
may
actually
be
less
than
indicated
in
this
report.
Also,
total
number
of
HEBs
is
based
on
EPA
estimate
of
2
per
region.

91
§
§
761.72(
a)(
9)

and
(
b)(
6)
Record
and
retain
records
of
temperature
readings
from
scrap
metal
recovery
ovens.
3
hours
8
ovens
From
EPA's
list
of
Commercially
Permitted
Scrap
Metal
Recovery
Ovens
(
U.
S.
EPA,

2003g).

92
§
§
761.75(
b)(
6)

(
iii)
and
(
b)(
8)

(
iv);
761.180(
d)
Maintain
records
for
all
PCB
disposal
operations
at
chemical
waste
landfills,

including
PCB
concentration
in
liquid
wastes,
the
three­
dimensional
burial
coordinates
for
PCBs
and
PCB
Items,
water
sampling
and
analysis,
and
additional
records
as
required
in
§
761.180.
843
hours
9
landfills
From
EPA's
list
of
Commercially
Permitted
Disposal
Facilities
(
U.
S.
EPA,
2003a).
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
117­

93
§
761.79(
d)(
4)
and
Subpart
T
Retain
test/
validation
results
of
PODFs
and
VADFs.
0.5
hour
5
facilities
Estimate
is
5
percent
of
the
100
decontamination
sites.

94
§
§
761.79(
f)(
1)

and
(
2)
Keep
records
of
confirmatory
sampling
and
sampling
locations/
results
for
decontamination
activities
and
compliance
with
self­
implementing
decontamination
procedures.
2
hours
100
sites.
No
change.

Subpart
E
 
Exemptions
95
§
761.80(
e)(
5)
and
(
i)(
7)
Keep
records
of
activities
associated
with
manufacture/
processing/
distribution
in
commerce
of
PCBs
or
PCB
reference
samples
derived
from
waste
materials
for
R&
D.
12
hours
26
facilities
Number
of
facilities
based
on
PAD's
database
(
U.
S.
EPA,
2003e).

96
§
761.80(
g)(
1)
Keep
records
of
PCB
processing
and
distribution
in
commerce
activities,
for
facilities
that
process
and
distribute
small
quantities
of
PCBs
for
R&
D.
12
hours
15
facilities
Total
number
of
facilities
remains
unchanged
based
on
an
Agency
review
of
existing
petitions.

Subpart
G
 
PCB
Spill
Cleanup
Policy
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
118­

97
§
§
761.125(
b)(
3)

and
(
c)(
5);

.61(
a)(
9)
Maintain
records
of
cleanup
and
certification
of
decontamination.
8
hours
Based
on
the
average
annual
number
of
spills
reported
to
the
NRC
from
2000
to
2002
(
U.
S.

Coast
Guard,
203).
New
estimate
is
reduced
from
the
6,780
sets
of
records
included
in
the
prior
ICR
based
on
using
actual
data
of
reported
spills
rather
than
estimates
of
the
total
number
of
spills.
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
119­

98
§
761.125(
c)(
1)
Maintain
records
documenting
delay
in
spill
cleanup
activities
and
areas
of
visible
contamination.
0.5
hours
14
sites
It
is
anticipated
that
5
percent
of
the
total
number
of
spills,
as
reported
above,
would
face
delays
in
cleanup.

Subpart
J
 
General
Records
and
Reports
99
§
§
761.180(
a),

(
a)(
4),
(
b)
and
(
f);

761.65(
c)(
5)
Maintain
annual
records
and
document
log
for
PCBs
and
PCB
Items
for
5
years
after
facility
ceases,
including
manifests,
CDs,

records
of
inspections
and
cleanups,
facility
and
Item
ID
information,
number
of
Items,

phone
records,
and
Item
transfer
information,
for
owners/
operators
of
storage
and
disposal
facilities.
Collect
and
maintain
documents,
correspondence,
and
data
pertaining
to
storage/
disposal
of
PCBs
that
have
been
provided
to
as
well
as
received
from
any
State/
local
agency
and
any
application/
correspondence
submitted
to
permitting
authorities.
52
hours
8,945
waste
handlers
The
time
to
keep
the
annual
log
varies
widely,

based
on
the
level
of
PCB
activity
taking
place
and
the
volume
of
PCBs
and
PCB
Items
handled.
To
keep
the
annual
log
takes
from
1
hour
to
over
40
hours
each
week.
Total
number
of
facilities
is
the
total
number
of
PCB
waste
handlers
(
9,095)
minus
the
total
number
of
commercial
storers
and
disposers
(
150
facilities).

(
U.
S.
EPA,
2003a,
b,
c
and
e).
TABLE
6­
3,
continued
RECORDKEEPING
BURDENS
UNDER
TSCA
SECTION
6(
e):
ICR
1446.08,
SECTION
6(
a)

Ref.

#
Regulatory
Section(
s)
Collection
Requirement
Time
Estimate
Total
#
Respondent
s
Per
Year
Comments
­
120­

100
§
§
761.185(
c)(
2),

(
d)
and
.193(
a)

and
(
b)
Maintain
theoretical
analysis
or
monitoring
records
by
persons
who
import,
manufacture,

process,
distribute
in
commerce,
or
use
products
containing
inadvertently
generated
or
recycled
PCBs,
pursuant
to
§
761.1(
f)(
1)
to
(
3).
Maintain
letter
certifying
compliance
with
§
761.1(
f),
for
excluded
manufacturing
processes.
5
hours
to
file
records;
5
hours
to
maintain
previous
reports
25
new
respondents;

10
previous
respondents
Number
of
respondents
remains
the
same
based
on
recent
Agency
records.

Subpart
K
 
PCB
Waste
Disposal
Records
and
Reports
101
§
§
761.208
and
.209
File
and
maintain
manifests
initiated
or
received
by
the
PCB
generator
and
any
subsequent
PCB
waste
handler.
0.167
hour
(
10
minutes)
5,518
manifests
Total
manifests
is
an
average
of
20
items
per
manifest
for
a
total
of
110,368
items
(
5,518)

Refer
to
numbers
69
and
70.

102
§
761.218(
c)
Maintain
a
copy
of
each
Certificate
of
Disposal
received
from
disposers,
for
generators
and
commercial
storers
of
PCB
waste.
0.167
hour
(
10
minutes)
5,226
certificates
Estimates
are
based
on
the
estimates
used
for
a
similar
requirement,
#
101,
above.
Refer
to
numbers
69
and
70.

Subpart
T
 
Comparison
Study
for
Validating
a
New
Performance­
Based
Decontamination
Solvent
under
§
761.79(
d)(
4)

103
§
761.398(
c)
Record
testing
parameters
and
experimental
conditions
in
SOP.
Results
of
validation
study
are
to
be
affixed
in
an
appendix.
16
hours
5
facilities
­
121­
6(
b)
Estimating
Respondent
Costs
Tables
6­
4,
6­
5,
and
and
6­
6
show
the
annual
respondent
hourly
burden
and
cost
estimates
for
the
reporting,
third­
party
reporting,
and
recordkeeping
requirements
of
the
Consolidated
ICR.
Refer
to
Section
6(
a),
above,
for
an
explanation
of
the
wage
rates
used,
which
are
as
follows:


Facility
managers
 
$
56.99

Consulting
engineers
 
$
53.87

Engineering
technicians
(
non­
supervisory
line
employees)
 
$
32.85

Clerks
 
$
21.18
Note
that
no
requirement
was
found
to
use
legal
or
scientific
services.

There
is
one
capital
cost
associated
with
this
ICR.
For
Item
#
68,
there
is
an
estimated
$
50
per
site
cost
to
place
a
sign
at
a
PCB
contamination
cleanup
site.
For
262
sites,
the
total
estimated
annual
capital
cost
would
be
$
13,100
(
not
annualized).
There
are
no
new
training
costs
anticipated
to
the
affected
industries
or
the
Federal
government
associated
with
responding
to
the
information
collections
that
are
subject
to
renewal,
nor
have
there
been
any
Federal
costs
associated
with
printing
or
mailing.
Costs
associated
with
reading
the
rule,
providing
training,
and
updating
procedures
to
comply
with
the
reporting
and
recordkeeping
requirements
for
the
Final
PCB
Disposal
Rule
(
63
FR
35384,
62/
19/
88;
ICR
1729)
have
been
eliminated
in
this
renewal,
as
the
rule
has
been
in
effect
since
1998
and
no
new
regulations
have
been
promulgated
since
that
time
that
involve
paperwork
burdens.
One­
time
requirements
remain
annualized
for
a
3­
year
period,
as
indicated
on
Tables
6­
3
and
6­
4.
Because
operations
and
maintenance
costs
for
these
information
collections
(
i.
e.,
costs
associated
with
telephone
calls,
photocopying,
and
other
general
office
overhead
expenses)
have
been
estimated
to
be
relatively
low
and
within
the
range
of
the
estimation
error,
there
are
no
added
costs
for
these
activities.
Also
note
that
variations
in
some
of
the
totals
on
the
tables
are
due
to
rounding.
­
122­

TABLE
6­
4
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
REPORTING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Eng.

@
$
72/

Hour
Mgr.

@
$
60/

Hour
Tech.

@
$
44/

Hour
Cler.

@
$
22/

Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

Subpart
B
3
761.30(
a)(
1)(
vi),
(
vii),
(
xv)

(
D)
Register
newly
discovered
PCB
Transformers
­
1
­
­
1
$
57
85
85
$
1,846
(
5)

4
761.30(
a)(
2)(
iv)
Obtain
app.
to
use
alt.
meth.
to
simulate
loaded
conditions
for
reclassifying
transformers
­
8
10
2
20
$
827
38
760
$
11,973
(
5)

5
761.30(
i)(
1)(
iii)(
A)(
1)
Submit
descriptions
of
gas
pipeline
systems
­
8
10
2
20
$
827
1
20
$
315
(
5)

Subpart
D
8
761.60(
e),
(
i)(
2);

761.70(
a),
(
b),
(
d)(
2);

761.75(
b)(
7),
(
b)(
8)(
ii),
(
c)
Submit
disposal
permit
applications
825
­
­
75
900
$
46,031
40
36,000
$
701,700
(
5)

9
761.60(
j)(
1)(
i)
Obtain
identification
number
for
R&
D
disposal
­
­
1.5
­
1.5
$
49
25
38
$
469
(
5)

10
761.60(
j)(
1)(
ii)
Notify
officials
of
R&
D
activities
­
­
4
2
6
$
174
10
60
$
1,738
12
761.61(
a)(
3)(
i),(
ii)
Notify
officials
of
self­
imp.
remediation
­
30
50
20
100
$
3,776
60
6,000
$
226,548
13
761.61(
a)(
3)(
ii)
Notify
EPA
of
self­
imp.
remediation
changes
­
­
2
­
2
$
66
15
30
$
986
14
761.61(
a)(
3)(
iii)
Request
waiver
of
notification
requirement
­
2
16
2
20
$
682
8
160
$
5,456
15
761.61(
a)(
8)(
i)(
B)
Certify
recording
of
deed
notation
­
­
4
­
4
$
131
10
40
$
1,314
16
761.61(
c)(
1)
Apply
for
risk­
based
disposal
approval
for
remediation
waste
1,480
­
­
120
1,600
$
82,269
25
40,000
$
783,820
(
5)

17
761.62(
c)(
1)
Apply
for
risk­
based
disposal
or
storage
approval
for
bulk
PCB
product
waste
1,480
­
­
120
1,600
$
82,269
10
16,000
$
313,528
(
5)

18
761.65(
a)(
2),
(
3),
(
4)
Notify
of
attempts
to
secure
disposal
­
­
2
1
3
$
87
20
60
$
1,738
21
761.65(
c)(
6)(
i)(
C)
Demonstrate
that
storage
containers
for
PCB/
rad
waste
are
protective
of
health/
env.
32
­
­
8
40
$
1,893
5
200
$
3,608
(
5)

22
761.65(
d),(
e)(
1),(
e)(
6­
8),

(
f)
Prepare
storage
approval
application
­
­
220
­
220
$
7,227
25
5,500
$
68,855
(
6)
(
5)

23
761.65(
e)(
4)
Submit
RA
request
to
modify
storage
approval
­
1.5
­
0.5
2
$
96
17
34
$
1,633
24
761.65(
g)(
9)
Notify
EPA
of
changes
to
storage
facilities
­
­
1.5
0.5
2
$
60
10
20
$
599
25
761.65(
j)
Demonstrate
financial
assurance
for
closure
80
20
­
20
120
$
5,873
10
1,200
$
22,382
(
5)

27
761.70(
d)(
8);
761.75(
c)(
7)
Notify
EPA
of
changes
in
disposal
facility
ownership
­
7
­
1
8
$
420
5
40
$
2,101
28
761.71(
a)(
2)
and
(
b)(
2)
Seek
approval
to
burn
liquids
other
than
MODEF
in
HEBs
­
­
40
­
40
$
1,
314
1
40
$
501
(
5)
TABLE
6­
4
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
REPORTING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Eng.

@
$
72/

Hour
Mgr.

@
$
60/

Hour
Tech.

@
$
44/

Hour
Cler.

@
$
22/

Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

­
123­

31
761.77(
a)(
1)(
i),
(
a)(
1)

(
ii)(
A)(
1),
(
C),
(
a)(
2)
Request
coordinated
approval
­
8
20
8
36
$
1,282
6
216
$
2,932
(
5)

33
761.79(
h)
Prepare
requests
for
decontamination
approvals
of
alternative
decontamination
sampling
methods
1,480
­
­
120
1,600
$
82,269
20
32,000
$
627,056
(
5)

Subpart
E
34
761.80(
e)(
1);
(
i)(
1)
Qualify
for
R&
D
exemptions
­
32
­
8
40
$
1,993
1
40
$
1,993
35
761.80(
e)(
2)
and
(
i)(
2)
Submit
requests
for
renewal
of
the
class
exemptions
­
1
­
­
1
$
57
1
1
$
57
37
761.80(
e)(
4)
Notify
EPA
of
PCB
mfg.
before
R&
D
activities
­
2
16
2
20
$
682
1
20
$
682
Subpart
G
40
761/
125(
a)(
1)(
i)
to
(
iii)
Report
certain
spills
of
PCBs
to
EPA
­
0.167
­
­
0.167
$
10
100
17
$
952
Subpart
J
41
761.180(
b),
(
b)(
3),
(
c)(
5)
Prepare/
submit
annual
reports
on
storage/

disposal
­
56
­
3
59
$
3,255
158
9,322
$
514,287
41a
761.180(
g)
Provide
EPA
with
info
on
reclassified
equipment
­
0.25
­
­
0.25
$
14
45
11
$
641
42
761.185
Notify
EPA
for
exclusion
for
inadvertent
generation
of
PCBs
­
6
11
3
20
$
405
10
200
$
4,055
43
761.187
Notify
EPA
when
exceed
limits
for
inadvertent
generation
of
PCBs
­
6
11
3
20
$
405
1
20
$
405
Subpart
K
44
761.202(
a),
761.205(
a­
e)
Notify
EPA
of
PCB
waste
activity
­
1
­
0.5
1.5
$
68
100
150
$
6,758
45
761.205(
f)
Report
changes
in
waste
handler
notifications
­
1
­
0.5
1.5
$
68
200
300
$
13,516
46
761.208(
a)(
4),
761.215(

bd
Submit
Exception
and
Discrepancy
Reports
to
EPA
­
­
1.5
0.5
2
$
60
325
650
$
19,456
48
761.211(
b)
Notify
EPA
of
unmanifested
waste
­
­
0.5
­
0.5
$
16
60
30
$
986
49
761.211(
c)
Submit
Unmanifested
Waste
Reports
­
­
1.5
0.5
2
$
60
80
160
$
4,789
Subpart
T
50
761.395,
761.398
Submit
results
of
validation
study
analysis
to
EPA
­
1
14
1
16
$
538
5
80
$
2,690
TOTALS
149,503
$
3,352,364
­
124­

Notes:

(
1)
Sum
of
staff
hours.

(
2)
Sum
of
staff
hours
x
labor
rates.

(
3)
Hours/
respondent/
year
x
total
number
of
respondents.

(
4)
Labor
+
training
costs/
respondent
x
total
number
of
respondents.
Totals
may
not
add
due
to
rounding.

(
5)
Total
costs
are
annualized
(
x
0.3811)
for
the
one­
time
requirements
of
numbers
3,
4,
5,
8,
9,
16,
17,
21,
22,
25,
28,
31
and
33.

Line
41
a
is
new
entry
as
per
11/
00.
­
125­

TABLE
6­
5
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
THIRD­
PARTY
REPORTING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgr.

@

$
56.99
/
Hour
Tech.

@

$
32.86
/
Hour
Cler.

@

$
21.18
/
Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Capital
Costs
(
3)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

Subpart
B
52
761.30(
a)(
1)(
xi),
(
xv)(
A);

(
h)(
1)(
ii)(
B)
Report
PCB
Transformer
and
Voltage
Regulator
fires
to
NRC
­
0.167
­
0.167
$
5
$
0
28
5
$
154
Subpart
D
56
761.60(
b)(
5)(
i)(
A)(
1)
Include
gas
pipes
in
notification
programs
­
0.25
­
0.25
$
8
$
0
50
13
$
411
57
761.60(
f)(
1)(
i)
Notify
state/
local
gov'ts
of
PCB
disposal
­
0.333
0.167
0.5
$
14
$
0
600
300
$
8,686
60
761.60(
j)(
1)(
vii)
Manifest
R&
D
PCB
wastes
­
1
­
1
$
33
$
0
26
26
$
854
62
761.61(
a)(
5)(
i)(
B)(
2)(
iv)
Notify
offsite
non­
TSCA
facility
of
pending
shipment
of
remediation
or
bulk
waste
­
2
­
2
$
66
$
0
100
200
$
6,570
63
761.61(
a)(
8)(
i)(
A)
Certify
deed
notation
recording
­
3
­
3
$
99
$
0
100
300
$
9,855
65
761.65(
c)(
1),
(
8)
Attach
date
notation
on
PCB
Items
and
Containers
­
0.083
­
0.083
$
3
$
0
91,120
7,563
$
248,443
Subpart
G
67
761.125(
a)(
1)
Report
certain
spills
of
PCBs
to
the
NRC
0.167
­
­
0.167
$
10
$
0
276
46
$
2,627
68
761.125(
c)(
2)(
ii)
Place
notice
of
PCB
contamination
at
cleanup
site
­
1
­
1
$
33
$
50
262
262
$
3,280
(
6)

Subpart
J
68a
761.180(
g)
Provide
records
of
reclassification,
if
requested,
to
recipients
of
reclassified
equipment
0.083
­
0.417
0.5
$
14
$
0
3,063
1,532
$
41,541
TABLE
6­
5
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
THIRD­
PARTY
REPORTING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgr.

@

$
56.99
/
Hour
Tech.

@

$
32.86
/
Hour
Cler.

@

$
21.18
/
Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Capital
Costs
(
3)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

­
126­

Subpart
K
69
761.207(
a);
761.208(
a)(
2),

(
3)
Prepare
manifests
of
each
PCB
waste
for
PCB
waste
transporters,
storers
and
disposers
0.083
­
­
0.083
$
5
$
0
110,368
9,161
$
522,059
70
761.208(
c)(
1)(
iv),

(
c)(
2)(
iv)
Storer/
disposer
sends
manifest
to
generator
0.167
­
­
0.167
$
10
$
0
5,518
922
$
52,517
71
761.218(
a),
(
b)
Send
Certificates
of
Disposal
to
generators
­
0.25
­
0.25
$
8
$
0
5,226
1,307
$
42,919
TOTALS
$
50
21,634
$
939,915
Notes:

(
1)
Sum
of
staff
hours.

(
2)
Sum
of
staff
hours
x
labor
rates.

(
3)
Capital
costs
calculated
per
respondent
only.

(
4)
Hours/
respondent/
year
x
total
number
of
respondents.

(
5)
(
Labor
+
training
costs)/
respondent
x
total
number
of
respondents.
Totals
may
not
add
due
to
rounding.

(
6)
Total
costs
are
annualized
(
x
0.3811)
for
one­
time
requirement
#
68.
­
127­

TABLE
6­
6
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
RECORDKEEPING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgr.

@
$
60/

Hour
Tech.

@
$
44/

Hour
Cler.

@
$
22/

Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

Subpart
B
74a
761.30(
a)(
1)(
xii)
Maintain
PCB
Transformer
inspection
data
(
annual)
­
0.05
0.033
0.083
$
2
125,000
10,375
$
292,680
74b
761.30(
a)(
1)(
xii)
Maintain
PCB
Transformer
inspection
data
(
quarterly)
­
0.2
0.133
0.333
$
9
125,000
41,625
$
1,173,368
74c
761.30(
a)(
1)(
xii)
Maintain
PCB
Transformer
inspection
data
(
annual)
­
0.05
0.033
0.083
$
2
(
153)
(
13)
($
358)

74d
761.30(
a)(
1)(
xii)
Maintain
PCB
Transformer
inspection
data
(
quarterly)
­
0.2
0.133
0.333
$
9
(
153)
(
51)
($
1,436)

75
761.30(
a)(
2)(
v);

761.180(
a)
Maintain
records
of
retrofilled
equipment
­
0.167
0.083
0.25
$
7
6,125
1,531
$
44,369
76
761.30(
i)(
1)(
iii)(
B),
(
C)
Keep
records
of
gas
pipeline
system
data
1
2
1
4
$
144
100
400
$
14,387
77
761.35(
a)(
2)
Keep
records
of
equipment
stored
for
reuse
­
0.15
­
0.15
$
5
189,225
28,384
$
932,406
78
761.40(
c)(
2)(
ii)
and
(
k)
Keep
large
capacitor
records
(
optional)
­
0.1
­
0.1
$
3
100,000
10,000
$
328,500
Subpart
D
79
761.60(
j)(
1)(
ix)
Keep
R&
D
for
disposal
records
­
12
­
12
$
394
26
312
$
10,249
80
761.61(
a)(
3)(
i)(
E);
(
a)(
6);

761.295
Keep
remediation
sampling/
analysis
records
­
1
­
1
$
33
100
100
$
3,285
81
761.61(
a)(
3)(
iii)
Retain
waivers
from
self­
impl.
remediation
projects
­
0.167
­
0.167
$
5
100
17
$
209
(
5)

82
761.61(
a)(
9)
Keep
records
accd.
to
Spill
Cleanup
Policy
4
12
4
20
$
707
100
2,000
$
70,688
83
761.62(
b)(
5)
Maintain
sampling/
analysis
records
for
bulk
product
wastes
1
3
­
4
$
156
26
104
$
1,541
(
5)

84
761.65(
a)(
2)(
ii),
(
a)(
3)
Keep
records
of
attempts
to
secure
disposal
­
4
­
4
$
131
60
240
$
7,884
85a
761.65(
c)(
1)(
iv)
Prepare
SPCC
plans
5
45
10
60
$
1,975
5
300
$
3,763
(
5)

85b
761.65(
c)(
1)(
iv)
Prepare
SPCC
plans
for
liquid
PCBs
>=
500
ppm
0.5
1
0.5
2
$
72
10
20
$
719
86
761.65(
c)(
7)(
ii)
Prepare
SPCC
plans
for
facilities
using
storage
containers
5
45
10
60
$
1,975
5
300
$
3,763
(
5)

87
761.65(
c)(
8)
Keep
records
of
the
quantity/
date
of
each
batch
added
to
a
stationary
storage
container
­
0.083
­
0.083
$
3
30,000
2,490
$
81,797
88
761.65(
c)(
10)
Establish
and
maintain
annual
log
records
as
per
761.180
for
PCB
storage
facilities
24
­
819
843
$
18,714
88
74,184
$
1,646,848
89
761.70(
a)(
3),
(
4),
(
7);
(
c);

761.180
Maintain
incinerator
records
48
260
535
843
$
22,608
4
3,372
$
90,431
90
761.71(
a)(
a)(
vi),
(
vii);

(
b)(
1)(
vi),
(
vii),
(
b)(
5);

761.180(
e)
Retain
monthly
HEB
operating
data
­
12
­
12
$
394
20
240
$
7,884
TABLE
6­
6
ANNUAL
RESPONDENT
HOURLY
BURDEN
AND
COST
ESTIMATE
­
RECORDKEEPING
Ref
#
Regulatory
Citation
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgr.

@
$
60/

Hour
Tech.

@
$
44/

Hour
Cler.

@
$
22/

Hour
Hours/
Respond.

/
Year
(
1)
Labor
Cost/

Year
(
2)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

­
128­

91
761.72(
a)(
9),
(
b)(
6)
Record
and
retain
scrap
metal
recovery
oven
temperature
records
­
3
­
3
$
99
8
24
$
788
92
761.75(
b)(
6)(
iii),

(
b)(
8)(
iv);
761.180(
d)
Maintain
chemical
waste
landfill
records
24
­
819
843
$
18,714
9
7,587
$
168,428
93
761.79(
d)(
4)
Retain
PODF/
VADF
validation
results
­
0.5
­
0.5
$
16
5
3
$
31
(
5)

94
761.79(
f)(
1),
(
2)
Keep
decontamination
sampling
records
­
2
­
2
$
66
100
200
$
2,504
(
5)

Subpart
E
95
761.80(
e)(
5);
(
i)(
7)
Keep
records
of
PCB
mfg/
proc/
dist.
in
commerce
R&
D
activities
­
12
­
12
$
394
26
312
$
10,249
96
761.80(
g)(
1)
Keep
records
of
PCB
mfg/
proc/
dist.
in
commerce
of
small
quantities
of
PCBs
for
R&
D
activities
­
12
­
12
$
394
15
180
$
5,913
Subpart
G
97
761.125(
b)(
3),
(
c)(
5)
Maintain
records
of
cleanup
and
certification
of
decontamination
1
5
2
8
$
264
276
2,208
$
72,754
98
761.125(
c)(
1)
Maintain
records
documenting
delay
in
cleanup
­
­
0.5
0.5
$
11
14
7
$
148
Subpart
J
99
761.180(
a),
(
a)(
4),
(
f);

761.65(
c)(
5)
Maintain
annual
records
and
log
for
PCBs
and
PCB
Items
12
­
40
52
$
1,531
8,945
465,140
$
13,695,511
100a
761.185(
c)(
2)
and
761.193(
a),
(
b)
Maintain
monitoring
data
of
inadvertent
generation
of
PCBs
­
5
­
5
$
164
25
125
$
4,106
100b
761.185(
c)(
2)
and
761.193(
a),
(
b)
Maintain
previous
records
of
monitoring
data
of
inadvertent
generation
of
PCBs
­
­
5
5
$
106
10
50
$
1,059
101
761.208(
a),
(
b),
(
c);

761.209(
a­
d)
File
and
maintain
manifests
­
­
0.167
0.167
$
4
5,518
922
$
19,517
102
761.218(
c)
Maintain
Certificates
of
Disposal
­
­
0.167
0.167
$
4
5,226
873
$
18,485
Subpart
T
103
761.398(
c)
Record
test
parameters
and
SOP
conditions
for
decontamination
validation
studies
­
16
­
16
$
526
5
80
$
1,002
(
5)

TOTALS
653,640
$
18,713,472
Notes:

(
1)
Sum
of
staff
hours.

(
2)
Sum
of
staff
hours
x
labor
rates.

(
3)
Hours/
respondent/
year
x
total
number
of
respondents.
­
129­

(
4)
(
Labor
+
training
costs)/
respondent
x
total
number
of
respondents.
Totals
may
not
add
due
to
rounding.

(
5)
Total
costs
are
annualized
(
x
0.3811)
for
one­
time
requirements
of
numbers
81,
83,
85,
86,
93,
94
and
103.
­
130­
6(
c)
Estimating
Agency
Burden
and
Cost
The
estimated
Agency
burden
associated
with
this
Consolidated
ICR
is
shown
on
Table
6­
7
with
comments
indicated
on
the
table.
The
detailed
costs
associated
with
the
Agency
burden
is
shown
in
Table
6­
8.
The
hourly
rates
for
EPA
staff
were
based
on
a
composite
management
level
at
GS­
15/
5
($
46.23,
rounded
to
$
46);
technical
support
at
GS­
12/
5
($
27.97,
rounded
to
$
28),
and
clerical
support
at
GS­
7/
5
($
15.77,
rounded
to
$
16),
using
the
2003
General
Schedule
Salary
Table,
effective
January
2003
(
U.
S.
OPM,
2003).
(
Note
that
Tables
6­
7
and
6­
8
appear
at
the
end
of
section
6(
e)).

6(
d)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs
Refer
to
Tables
6­
1
through
6­
6
for
this
information
6(
e)
Bottom
Line
Burden
and
Costs
(
i)
Respondent
Tally
As
indicated
on
Tables
6­
4,
the
total
respondent
reporting
burden
is
149,503
hours
and
$
3,352,364.
As
indicated
on
Table
6­
5,
the
total
respondent
third­
party
reporting
burden
is
21,634
hours
and
$
939,915.
As
indicated
on
Table
6­
6,
the
total
respondent
recordkeeping
burden
is
653,640
hours
and
$
18,713,472.
Table
6­
9
summarizes
the
respondent
burdens
and
costs
for
each
applicable
subpart
of
40
CFR
761.
As
shown
on
the
table,
the
total
paperwork
burden
for
this
Consolidated
ICR
is
824,778
hours
and
$
23,005,750.

(
ii)
Agency
Tally
As
indicated
on
Table
6­
8,
the
Agency
annual
burden
is
1,114,772
hours
and
$
31,191,638.

(
iii)
Variations
in
the
Annual
Bottom
Line
This
section
does
not
apply.
There
are
no
anticipated
significant
variations
in
the
annual
respondent
reporting
or
recordkeeping
burden
or
cost
over
the
course
of
the
requested
clearance
period
for
either
industry
or
the
Federal
Government.
­
131­

TABLE
6­
7
ANNUAL
AGENCY
HOURLY
BURDEN
FOR
THE
CONSOLIDATED
ICR
SUPPORTING
STATEMENT
COVERING
THE
PCB
REGULATIONS
AT
40
CFR
761
Collection
Activities
Burden
Hrs/
Year
Respondents/

Year
Comments
Review/
analyze
data
submissions
(
i.
e.,
new
exemptions
and
renewal
data);
develop
rulemakings
in
response
to
the
petitions
for
exemption;
publish
rulemakings
in
the
Federal
Register;
index
and
file
the
data
in
the
public
docket.
203
hours
5
renewal
petitions:
2
new
petitions
Federal
Register
publication
costs
add
approximately
$
1,500
to
the
annual
cost
of
this
collection
activity.

Review
preliminary
PCB
Transformer
inspection
reports;

input
data;
index/
file
data.
20
hours
500
inspections
The
total
time
to
conduct
inspections
equals
4
days.

Review
exclusion
submissions;
record/
enter
submissions;

analyze
requests
for
confidentiality
and
provide
appropriate
protection;
store
data.
6
hours
8
submissions
 
Review
technology­
based
disposal
applications;
attend
demonstrations
(
EPA
engineers
and
contractor
analytical
chemists);
develop
(
i.
e.,
grant/
deny)
approval;
maintain
files.
660
hours
15
submissions
Costs
vary
depending
on
number
and
type
of
applications
received.

Review
facility
records,
including
annual
reports.
2
hours
per
review
1,100
inspections
Based
on
Compliance
Monitoring
Plan,
maximum
number
of
inspections
for
all
10
Regions
combined
is
1,100/
year.

Review
applications
for
commercial
storage
approval,
with
contractual
support.
72­
125
hours/
application
;
98.5
hours,
average,

rounded
to
100
3.3
applications/

year
average,

rounded
to
3
Review
time
varies
based
on
the
number
of
deficiencies
initially
discovered
and
any
supplemental
information
that
is
submitted
to
correct
the
deficiencies.
EPA
uses
contractual
support
to
review
applications.
TABLE
6­
7,
Continued
ANNUAL
AGENCY
HOURLY
BURDEN
FOR
THE
CONSOLIDATED
ICR
SUPPORTING
STATEMENT
COVERING
THE
PCB
REGULATIONS
AT
40
CFR
761
Collection
Activities
Burden
Hrs/
Year
Respondents/

Year
Comments
­
132­

Process
PCB
notification
forms;
update
PADS;
respond
to
inquires
regarding
these
submissions;
maintain
hard­
copy
files
of
these
submissions;
and
provide
contractor
oversight.
520
hours
 
These
activities
will
be
conducted
at
EPA
Headquarters
only.
The
hourly
figures
represent
the
time
allocation
to
handle
all
respondents.

Process
PCB
Transformer
registrations.
520
hours
 
These
activities
will
be
conducted
at
EPA
Headquarters
only.
The
hourly
figures
represent
the
time
allocation
to
handle
all
respondents.

Maintain
PCB
Transformer
database
260
hours
 
Respond
to
numerous
requests
for
regulatory
interpretations
and
inquiries
regarding
the
PCB
notification
and
Transformer
Registration
Programs.
1,850
hours
 
Maintain
official
files
of
all
requests
for
approvals
and
EPA's
responses.
675
hours
 
See
comment
above.

Review
requests
for
risk­
based
disposal
and
coordinated
approvals
and
alternate
decontamination
or
sampling
methods;
issue
approvals
or
waivers;
maintain
files.
23,675
hours
46
submissions
Costs
vary
depending
on
number
and
types
of
applications
received.
­
133­

TABLE
6­
8
ANNUAL
AGENCY
HOURLY
BURDEN
AND
COST
(
WORKSHEET
2)

Old
ICR
Collection
Activities
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgmt.

@
$
46/

Hour
Tech.

@
$
28/

Hour
Cler.

@
$
16/

Hour
Agency
Hours/

Year
(
1)
Labor
Cost/

Year
(
2)
Capital/

Startup
Costs
(
3)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

857
Review/
analyze
new
exemption
petitions
and
renewal
data
1
28
­
29
$
830
­
7
203
$
5,810
857
Develop
rulemakings
3
160
8
171
$
4,746
­
1
171
$
4,746
857
Index/
file
data
­
­
2
2
$
32
­
1
2
$
32
857
FR
publication
1
24
8
33
$
846
$
1,500
1
33
$
2,346
857
SUBTOTAL
409
$
12,934
1000
Review
preliminary
inspection
report
­
8
­
8
$
224
­
500
4,000
$
112,000
1000
Review
reformatted
report
­
4
­
4
$
112
­
500
2,000
$
56,000
1000
Review/
input
data
­
4
­
4
$
112
­
500
2,000
$
56,000
1000
Index/
file
data
­
­
4
4
$
64
­
500
2,000
$
32,000
1000
SUBTOTAL
10,000
$
256,000
1001
Review
exclusion
request
submissions
­
2
­
2
$
56
­
8
16
$
448
1001
Record/
enter
submissions
­
1
­
1
$
28
­
8
8
$
224
1001
Analyze
requests
for
confidentiality
and
provide
appropriate
protection
­
1
­
1
$
28
­
8
8
$
224
1001
Store
data
­
2
­
2
$
56
­
8
16
$
448
1001
SUBTOTAL
48
$
1,344
1012
Review
applications
­
312
­
312
$
8,736
­
15
4,680
$
131,040
1012
Attend
demonstrations
­
156
­
156
$
4,368
­
15
2,340
$
65,520
1012
Contractor
support
for
demonstrations
­
140
­
140
$
3,920
­
15
2,100
$
58,800
1012
Develop
(
grant/
deny)
approval
2
30
­
32
$
932
­
15
480
$
13,980
1012
Maintain
files
­
1
­
1
$
28
­
15
15
$
420
1012
SUBTOTAL
9,615
$
260,115
1446
Record
and
retain
scrap
metal
recovery
oven
temperature
records
­
2
­
2
$
56
­
1,100
2,200
$
61,600
1446
Maintain
chemical
waste
landfill
records
­
100
­
100
$
2,800
­
3
300
$
8,400
1446
SUBTOTAL
2,500
$
70,000
TABLE
6­
8
ANNUAL
AGENCY
HOURLY
BURDEN
AND
COST
(
WORKSHEET
2)

Old
ICR
Collection
Activities
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Mgmt.

@
$
46/

Hour
Tech.

@
$
28/

Hour
Cler.

@
$
16/

Hour
Agency
Hours/

Year
(
1)
Labor
Cost/

Year
(
2)
Capital/

Startup
Costs
(
3)
Total
#
of
Respond.
Total
Hours/

Year
(
4)
Total
Cost/

Year
(
5,
6)

­
134­

1729
Process
notification
forms;
update
PADS
­
520
­
520
$
14,560
­
1
520
$
14,560
1729
Process
PCB
Transformer
registrations
­
520
­
520
$
14,560
­
1
520
$
14,560
1729
Create
PCB
Transformer
database
­
260
­
260
$
7,280
­
1
260
$
7,280
1729
Review
requests
for
risk­
based
disposal
and
coordinated
approvals
and
alternative
decontamination
or
sampling
methods;
issue
approvals,
waivers
or
letters
of
approval;

maintain
files
of
requests
for
approval
­
23,675
­
23,675
$
662,900
­
46
1,089,050
$
30,493,400
1729
Respond
to
requests
for
regulatory
interpretations
­
1,850
­
1,850
$
51,800
­
1
1,850
$
51,800
1729
SUBTOTAL
1,092,200
$
30,581,600
TOTALS
1,114,772
$
31,191,638
Notes:

(
1)
Sum
of
staff
hours.

(
2)
Sum
of
staff
hours
x
labor
rates.

(
3)
EPA
estimates.

(
4)
Total
number
of
respondents
x
Agency
hours/
year.

(
5)
Labor
+
training
costs
x
respondent
x
total
number
of
respondents.

(
6)
Totals
may
not
add
due
to
rounding.
­
135­
TABLE
6­
9
SUMMARY
OF
RESPONDENT
BURDENS
AND
COSTS
BY
SUBPART
Subparts
Total
#
of
Resp.
Total
Hours
Per
Year
Total
Hours
Per
Resp.
(
1)
Total
Cost
Per
Year
Total
Cost
Per
Hour
(
2)

Reporting
Subpart
B
124
865
6.98
$
14,134
$
16
Subpart
D
302
137,638
456
$
2,766,962
$
20
Subpart
E
3
61
20
$
2,732
$
45
Subpart
G
100
17
0.17
$
952
$
57
Subpart
J
214
9,553
45
$
519,388
$
54
Subpart
K
765
1,290
2
$
45,505
$
35
Subpart
T
5
80
16
$
2,690
$
34
Subtotal
Reporting
1,513
149,503
$
3,352,364
$
22
Third­
Party
Reporting
Subpart
B
28
5
0.18
$
154
$
31
Subpart
D
91,996
8,401
0.09
$
274,819
$
33
Subpart
G
538
308
0.57
$
5,907
$
19
Subpart
J
3,063
1,532
0.50
$
41,541
$
27
Subpart
K
121,112
11,389
0.09
$
617,495
$
54
Subtotal
Third­
Party
Reporting
216,737
21,634
$
939,915
$
43
Recordkeeping
Subpart
B
545,144
92,251
0.17
$
2,783,915
$
30
Subpart
D
30,666
91,492
2.98
$
2,100,813
$
23
Subpart
E
41
492
12.00
$
16,162
$
33
Subpart
G
290
2,215
7.64
$
72,902
$
33
Subpart
J
19,724
467,109
23.68
$
13,738,678
$
29
Subpart
T
5
80
16.00
$
1,002
$
13
Subtotal
Recordkeeping
595,870
653,640
$
18,713,472
$
29
Totals
814,120
824,778
$
23,005,750
Notes:
(
1)
Total
hours
per
year/
total
number
of
respondents
(
2)
Total
cost
per
year/
total
hours
per
year
­
136­
6(
f)
Reasons
for
Change
in
Burden
The
total
burden
for
this
ICR
is
824,778
hours
and
$
23,005,750.
The
previous
burden
in
OMB's
inventory
for
the
existing
Consolidated
ICR
was
741,261
hours
and
$
24,789,115.
This
results
in
a
cumulative
increase
of
83,517
hours
(
824,778
­
741,261)
and
a
decrease
of
$
1,783,365
($
24,789,115
­
$
23,005,750).

In
addition
to
revised
wage
rates
(
some
increased,
some
decreased),
the
changes
in
the
total
annual
respondent
reporting
and
recordkeeping
burdens
and
costs
over
the
course
of
the
requested
clearance
period
for
many
provisions
was
due
to
revisions
to
the
total
number
of
respondents.
In
some
cases,
the
total
number
of
respondents
was
based
on
number
of
facilities,
in
other
cases,
the
total
number
of
respondents
was
calculated
by
estimating
the
total
number
of
pieces
of
equipment
that
respondents
must
keep
track
of
for
a
particular
requirement.
The
up­
todate
wage
rates
and
the
change
from
the
previous
ICR
are
as
follows:

°
Facility
manager
 
new
rate,
$
56.99;
prior
rate;
$
60
(
5.02
percent
decrease)
°
Engineer/
foreman
 
new
rate,
$
53.87;
prior
rate,
$
45
(
16.47
percent
increase)
°
Engineering
technician
 
new
rate,
$
32.85;
prior
rate,
$
31
(
5.63
percent
increase)
°
Clerk
 
new
rate,
$
21.18;
prior
rate,
$
22
(
3.73
percent
decrease)

These
burden
and
cost
changes
were
the
result
of
new
data
gathered
for
this
ICR
effort
as
well
as
another
recent
PCB
regulatory
analysis,
estimate
adjustments
made
for
consistency
with
the
more
recent
Agency
report,
and
updated
Agency
data
regarding
total
numbers
of
regulated
entities.

Additionally,
several
one­
time
requirements
were
annualized
for
this
ICR,
which
lowers
the
total
annual
costs,
although
not
the
hourly
burdens.
The
costs
for
Item
numbers
28,
31,
and
103,
which
refer
to
seeking
approvals
to
burn
liquids
other
than
mineral
oil
dielectric
fluids
in
high
efficiency
boilers,
requesting
coordinated
approvals,
and
recording
testing
parameters
for
decontamination
validation
studies,
were
annualized
for
this
ICR.

Finally,
two
minor
reporting
requirements
(
items
41a
&
68a)
have
been
added
to
account
for
provisions
of
the
April
2,
2001,
Reclassification
of
PCB
and
PCB­
Contaminated
Electrical
Equipment;
Final
Rule
that
were
not
included
in
the
previous
Consolidated
PCB
ICR
on
file
with
OMB.
The
specific
adjustments
to
this
Consolidated
ICR
are
explained
on
Tables
6­
1
through
6­
7
and
are
summarized
on
Table
6­
10
and
in
the
following
discussion.

°
Item
number
3
 
The
total
number
of
newly
discovered
PCB
Transformers
that
must
be
reported
to
EPA
was
reduced
from
500
to
85,
based
on
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
and
discussion
with
industry
representatives
that
indicated
most
newly
discovered
PCB
transformers
are
disposed
of;
the
most
likely
­
137­
transformers
reclassified
are
the
large,
expensive
transformers
because
the
smaller
pole­
and
pad­
mounted
types
are
not
as
expensive
to
replace.
(
500
hrs
­
85
hrs)
(­
415­
hr
adjustment)

°
Item
numbers
5,
10,
12
to
21,
23,
27,
31
to
33,
40,
and
46
to
49
 
Adjustments
have
been
made
to
the
average
number
of
notifications
the
Agency
anticipates
receiving
during
the
clearance
period
for
this
ICR
based
on
the
average
number
of
notifications
the
Agency
has
received
annually
over
the
past
few
years,
as
tallied
by
EPA
PCB
Regional
Coordinators.
The
cumulative
adjustment
for
these
notifications
is
95,717
hrs
­
27,529
hrs.(+
68,188­
hr
adjustment)

°
Item
number
8
 
The
total
number
of
new
and
renewal
applications
for
operating
a
PCB
disposal
facility
increased
from
an
estimated
15
applicants
to
about
40
applicants,
based
on
a
new
tally
of
applications
received
by
EPA
over
the
past
few
years.
However,
the
average
time
for
preparing
these
applications
decreased
from
990
hours
to
900
hours
based
on
a
greater
number
of
renewal
versus
new
applications,
which
take
fewer
hours
to
prepare.
(
36,000
hrs
­
14,850
hrs)
(+
21,150­
hr
adjustment)

°
Item
numbers
22
and
25
 
The
number
of
respondents
to
submit
new
and
facility
modification
applications
for
commercial
storage
approvals
increases
from
3
new
applications
total
to
10
new
applications
plus
15
applications
for
facility
modifications
based
on
the
number
of
applications
the
Agency
has
received
over
the
past
few
years.
The
weighted
average
to
prepare
the
new
and
renewal
application
decreases
from
393
hours
to
about
220
hrs
due
to
the
decreased
time
to
prepare
applications
for
facility
modifications
compared
to
preparing
applications
for
new
facilities
[(
392
hrs
x
10)
+
(
100
hrs
x
15)]/
25.
The
time
to
prepare
notification
of
modification
was
estimated
to
be
about
one­
fourth
the
time
to
prepare
initial
application.
The
number
of
demonstrations
and
applications
new
owners
of
commercial
storage
facilities
must
conduct
and
submit
is
consistent
with
the
number
of
new
applications
for
commercial
storage
approvals
[(
5,500
hrs
­
1,176
hrs)
+
(
1,200
hrs
­
360
hrs)]
(+
5,164­
hr
program
adjustment)

°
Item
number
28
 
The
number
of
notifications
submitted
prior
to
the
initial
use
of
a
high
efficiency
boiler
for
burning
mineral
oil
dielectric
fluid
decreases
from
20
notifications
to
none;
the
Agency
has
not
received
any
such
notifications
in
the
past
few
years.
Likewise,
the
number
of
approvals
to
burn
liquids
other
than
MODEF
increases
from
none
to
1,
based
on
the
number
submitted
to
the
Agency.
The
time
estimates
do
not
change
for
preparing
this
approval
request.
(
40
hr
­
30
hr)
(+
10­
hr
adjustment)

°
Item
numbers
34,
35,
37,
and
38
 
The
estimate
for
the
total
number
of
respondents
who
submit
R&
D
exemption
requests
decreases
from
27
companies
to
­
138­
1
company
per
year
based
on
recent
Agency
submissions.
The
number
of
renewal
requests
decreases
from
3
to
1
request
per
year.
Similarly,
there
is
only
one
notification
per
year
(
and
not
3)
for
manufacturing
PCBs
for
R&
D.
No
petitions
have
been
submitted
in
the
past
few
years
for
Item
#
38.
[(
1000
hrs
­
40
hrs)
+
(
2
hrs
­
1
hr)
+
(
60
hrs
­
20
hrs)
+
(
120
hrs
­
0
hrs)]
(­
1,121­
hr
adjustment)

°
Item
number
41
 
The
reduced
estimate
for
the
number
of
incinerators,
chemical
waste
landfills,
high
efficiency
boilers,
and
commercial
storage
facilities
was
based
on
the
most
recent
EPA
data.
(
15,635
hrs
­
9,322
hrs)
(­
6,313­
hr
adjustment)

°
Item
numbers
41a,
68a
and
75
 
Revised
estimate
for
the
total
number
of
units
reclassified
is
based
on
information
gathered
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761
and
from
regulated
entities.
Reporting
burden
for
items
#
41(
a)
and
68(
a)
were
not
captured
by
previous
calculations
[(
0
hrs
­
11
hrs)
+
(
0
hrs
­
1,532
hrs)
+
(
15,050
hrs
­
1,531
hrs)
(­
11,976
hr
adjustment)

°
Item
number
52
 
An
overview
of
NRC
data
indicates
that
a
number
of
calls
involved
reports
of
fire
incidents,
thus
an
increase
to
28
calls
from
10
calls
(
an
new
assumption
of
10
percent
of
all
calls)
(
5
hr
­
2
hr)
(+
3
hr­
adjustment)

°
Item
numbers
60,
79,
and
95
 
The
number
of
R&
D
facilities
increased
from
25
to
26
facilities.
The
cumulative
hourly
burden
increase
based
on
this
change
is
+
1
hr
for
#
60;
+
12
hr
for
#
79;
and
+
12
hrs
for
#
95.
(+
25­
hr
adjustment)

°
Item
number
65
 
A
new
reduced
estimate
for
the
total
number
of
Items,
Containers,
and
Article
Containers
is
based
on
the
more
recent
analysis
conducted
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761.
(
31,540
hr
­
7,563
hr)
(­
23,977­
hr
adjustment)

°
Item
number
67
 
The
most
recent
3­
year
average
for
all
types
of
PCB
releases
reported
to
the
National
Response
Center
(
276
calls)
is
captured
in
this
ICR,
whereas
no
spill
incidences
were
reported
in
the
previous
ICR.
[(
46
hrs
­
0
hrs)
x
2)](+
46­
hr
adjustment)

°
Item
number
68
 
For
this
report,
the
revised
estimate
uses
a
new
assumption
that
the
greater
than
1­
lb
spills
of
PCBs
by
weight
that
occur
at
electrical
substations
are
a
large
subset
but
not
all
of
all
the
spills
that
must
be
reported
to
the
NRC;
95
percent
of
the
average
annual
276
spills
reported
from
2000
to
2002
(
U.
S.
Coast
Guard,
2003).
This
number
is
reduced
from
the
previous
ICR,
which
assumed
there
would
be
12
spills
at
each
of
the
565
large
utilities,
disposers,
and
storers,
for
a
total
of
6,780
sites.
Thus,
the
total
number
of
sites
that
must
be
labeled
is
­
139­
greatly
reduced.
The
capital
cost
of
$
50
per
site
remains
the
same
at
$
50
per
sign,
but
the
revised
capital
cost
is
reduced
to
$
13,100
(
not
annualized).
(
6,780
hr
­
262
hrs)
(­
6,518­
hr
program
adjustment)

°
Item
numbers
69,
70,
71,
101,
and
102
 
The
number
of
items
that
must
be
included
on
manifests,
the
number
of
consolidated
manifests
sent
from
storers
to
disposers,
the
number
of
Certificates
of
Disposal
sent
to
generators,
and
the
number
of
manifests
and
Certificates
maintained
on
file
have
been
revised
based
on
new
data
compiled
in
the
PCB
Annual
Report
and
discussion
with
an
industry
representative.
The
method
of
generating
these
estimates
was
also
revised.
It
was
newly
estimated
to
take
an
average
of
5
minutes
for
generators
to
first
gather
and
enter
information
on
manifests
for
each
item
and
then
storers
to
compile
more
readily
available
information
on
manifests
for
sending
consolidated
shipments
to
disposers.
The
previous
estimate
was
10
minutes
for
all
types
of
manifests.
The
total
number
of
items
for
which
manifests
must
be
prepared
increases
and
was
obtained
from
the
most
recent
PCB
Annual
Report
for
the
total
number
items
transferred
to
another
facility
(
i.
e.,
a
storer
or
disposer).
The
total
number
of
manifests
or
shipping
papers
sent
to
generators
was
based
on
the
compilation
of
information
on
about
20
items
per
manifest
or
shipping
paper,
reducing
the
total
number
of
papers
sent.
Likewise,
the
total
number
of
Certificates
of
Disposal
sent
to
generators
was
reduced
and
is
based
on
the
average
number
of
items
disposed
of
(
from
the
Annual
Report)
and
assuming
that
each
Certificate
contains
information
on
about
20
items.
The
records
that
must
be
maintained
are
the
same
as
the
number
of
manifests
or
shipping
papers
and
Certificates
of
Disposal.
[((
3,770
hrs
x
4)
+
5,644
hrs)
­
(
9,161
hrs
+
922
hrs+
1,307
hrs
+
922
hrs+
873
hrs)]
(­
7,539­
hr
adjustment)

°
Item
numbers
74
a
and
b
 
The
decreased
estimated
total
for
the
number
of
transformers
that
need
to
be
inspected
is
based
on
data
compiled
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761.
[
(
12,951
hrs
­
51,961)
­
(
10,375
hrs+
41,625
hrs)]
(­
12,912­
hr
adjustment)

°
Item
numbers
74
c
and
d
 
The
total
number
of
PCB
Transformers
not
subject
to
the
inspection
requirements
is
reduced
using
revised
data
from
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761.
(­
325
hrs+­
1,303
hrs)
­
(­
13
+
­
51)
(+
1,564­
hr
adjustment)

°
Item
number
78
 
The
reduced
total
for
the
number
of
PCB
large
capacitors
for
which
records
are
kept
is
based
on
estimates
made
for
the
Draft
Analysis
of
the
Cost
Impacts
of
the
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
Part
761.
(
20,000
hr
­
10,000
hr)
(­
10,000­
hr
adjustment)
­
140­
°
Item
number
84
 
The
increased
number
of
waste
storers
was
based
on
the
total
number
of
waste
generators
and
storers
listed
in
the
latest
PADs
database.
(
240
hrs
­
152
hrs)
(+
88­
hr
adjustment)

°
Item
number
88
 
The
decreased
total
number
of
storers
was
obtained
from
the
latest
EPA
list
of
TSCA
Commercial
Storers.
(
92,730
hrs
­
74,184
hrs)
(­
18,546­
hr
adjustment)

°
Item
number
89
 
The
approved
number
of
incinerators
decreased
by
one
facility.
(
4,215
­
3,372)
(­
843­
hr
adjustment)

°
Item
number
91
 
The
total
number
of
approved
scrap
metal
recovery
ovens
is
8,
reduced
from
the
estimated
100
ovens.
(
300
hrs
­
24
hrs)
(­
276­
hr
adjustment)

°
Item
number
92
 
There
is
presently
one
additional
approved
chemical
waste
landfill.
(
7,587
­
6,744)
(+
843­
hr
adjustment)

°
Item
numbers
97,
and
98
 
Revised
estimated
is
based
on
the
average
annual
number
of
spills
reported
to
the
NRC
from
2000
to
2002
(
U.
S.
Coast
Guard,
203),
as
opposed
to
using
estimates
of
the
total
number
of
spills
at
utilities,
storers,
and
disposers.
New
estimate
is
reduced
from
the
6,780
sets
of
records
included
in
the
prior
ICR.
The
number
of
spills
that
would
face
delays
in
cleanup
also
reduces
proportionately
to
14
sites
from
339
sites.
(
54,240
hrs
­
2,208
hrs)
+
(
170
hr
­
7
hrs)
(­
52,195­
hr
adjustment)

°
Item
number
99
 
The
total
number
of
facilities
increased
based
on
the
present
number
of
PCB
waste
handlers
in
the
PADs
database
and
the
total
number
of
approved
commercial
storers
and
disposers.
(
465,140
hrs
­
326,040
hrs)
(+
139,100­
hr
adjustment)
­
141­
TABLE
6­
10
CHANGES
IN
BURDEN
HOURS
TO
EXISTING
PCB
ICR
TOTALS
Item
Numbers
Change
in
Burden
Hours
Item
Numbers
Change
in
Burden
Hours
3
­
415
hours
68
hours
8
+
21,150
hours
69,
70,
71,
101,
and
102
­
7,539
hours
5,
10,
12
to
21,
23,
27,
31
to
33,
40,
and
46
to
49
+
68,188
hours
74
a
and
74b
­
12,912
hours
22
and
25
+
5,164
hours
74
c
and
74d
+
1,564
hours
28
+
10
hours
78
­
10,000
hours
34
to
38
­
1,121
hours
84
+
88
hours
41
­
6,313
hours
88
­
18,546
hours
41a,
68a
and
75
­
11,976
hours
89
­
843
hours
52
+
3
hours
91
­
276
hours
60,
79,
and
95
+
25
hours
92
+
843
hours
65
­
23,977
hours
97
and
98
­
52,195
hours
67
+
46
hours
99
+
139,100
hours
Total
+
83,550
hours
There
is
a
33­
hour
difference
between
the
change
in
the
burden
based
on
adjustments
(
83,550
hours,
Table
6­
10)
compared
to
the
difference
between
the
OMB
inventory
and
the
total
burden
indicated
on
Table
6­
9
(
824­
778
­
741,261=
83,517
hours).
This
difference
can
be
attributed
both
to
rounding
off
figures
generated
by
the
spreadsheets
of
Tables
6­
4
through
6­
6
and
margin
of
error
associated
with
the
vast
number
of
calculations
that
have
been
factored
into
this
analysis.

6(
g)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0112,
is
estimated
to
average
1.01
hours
per
response.
According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
­
142­
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information].
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
title
40
of
the
CFR,
after
appearing
in
the
Federal
Register,
are
listed
in
40
CFR
part
9
and
included
on
the
related
collection
instrument
or
form,
if
applicable.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT­
2004­
0087,
which
is
available
for
public
viewing
at
the
Pollution
Prevention
and
Toxics
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
D.
C.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1544
and
the
telephone
number
for
the
Pollution
Prevention
and
Toxics
Docket
is
(
202)
566­
0280.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
D.
C.
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPPT­
2004­
0087
and
OMB
control
number
2070­
0112
in
any
correspondence.
­
143­
REFERENCES
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A.
1997.
Memo
re:
Additional
Comments
on
ICR
entitled
"
PCBs
Used
in
Electrical
Equipment
and
Transformers"
[
OMB
Control
No.
2070­
0003;
EPA
ICR
#
1000.06].
March
14.

Davis,
M.
2003.
Telephone
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Mary
Davis,
PCB
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Chair.
Utility
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Solid
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2744,
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Wendel,
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2003.
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Lacey,
PCB
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American
Gas
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Washington,
DC,
202­
824­
7000,
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Carol
Wendel,
Eastern
Research
Group.
October
21.

Eastern
Research
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2000.
Memorandum
Regarding
Revisions
to
PCB
Consolidated
ICR
Statement,
to
Peggy
Reynolds,
U.
S.
Environmental
Protection
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Office
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Pollution
Prevention
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Toxics.
October
26.

Eastern
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1993.
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Benefits
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the
Proposed
Standard
on
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Power
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Transmission,
and
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and
Health
Administration.

Orton,
T.
Telephone
conversation
with
Tim
Orton,
Environmental
Manger,
EnviroCare,
Salt
Lake
City,
UT,
801­
532­
1330,
and
Carol
Wendel,
Eastern
Research
Group.
October
24.

U.
S.
Bureau
of
the
Census,
2000.
Country
Business
Patterns,
2000.
U.
S.
Bureau
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the
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DC
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http://
www.
census.
gov/
epcd/
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cbpview.
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August
2003.

U.
S.
Coast
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2003.
National
Response
Center.
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Download
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Data.
(
http://
www.
nrc.
uscg.
mil/
foia.
html).
October
16.

U.
S.
DOL.
2003a.
Employer
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For
Employee
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June
2003.
Bureau
of
Labor
Statistics,
U.
S.
Department
of
Labor:
03­
446,
Washington,
DC
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http://
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bls.
gov/
ect/
home.
htm).
August
26,
2003.

U.
S.
DOL.
2003b.
National
Compensation
Survey:
Occupational
Wages
in
the
United
States,
July
2002.
Bureau
of
Labor
Statistics,
U.
S.
Department
of
Labor,
Washington,
DC.
June.

U.
S.
EIA,
1995.
U.
S.
Energy
Information
Administration.
1995
Annual
Electric
Utility
Data
(
EIA­
861).
­
144­
U.
S.
EPA.
2003a.
Commercially
Permitted
PCB
Disposal
Companies.
(
http://
www.
epa.
gov/
opptintr/
pcb/
stordisp.
html).
October.

U.
S.
EPA.
2003b.
Commercial
Storage
Approvals
Issued
under
§
761.65(
d).
(
http://
www.
epa.
gov/
opptintr/
pcb/
comstor.
html).
March.

U.
S.
EPA.
2003c.
Decontamination
Approvals
Issued
Under
§
761.79(
h).
(
http://
www.
epa.
gov/
opptintr/
pcb/
79(
h).
html).
October
U.
S.
EPA,
2003d.
Draft
Analysis
of
the
Cost
Impacts
of
Potential
Amendments
to
the
PCB
Regulations
at
40
CFR
761,
September.

U.
S.
EPA,
2003e.
PCB
Activity
Database
(
PADs).
(
http://
www.
epa.
gov/
opptintr/
pcb/
data.
html).
July
25.

U.
S.
EPA.
2003f.
PCB
Annual
Report
2001.
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics,
Washington,
DC.
July
23.

U.
S.
EPA.
2003g.
Scrap
Metal
Recovery
Oven
Notifications
(
§
761.72(
a)).
(
http://
www.
epa.
gov/
opptintr/
pcb/
oven.
html).
October.

U.
S.
EPA.
2000.
United
States
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics.
Reclassification
of
PCB
and
PCB­
Contaminated
Electrical
Equipment
Rule:
Supporting
Analysis
for
Small
Entity,
Environmental
Justice,
and
Unfunded
Mandates
Certifications.
September
28.

U.
S.
EPA.
1998a.
United
States
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics.
Data
Gathering
Report
for
the
Combined
ICR
Supporting
Statement
Covering
the
PCB
Regulations
at
40
CFR
750
and
761.
August
17.

U.
S.
EPA.
1998b.
United
States
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics.
Cost
Impacts
of
the
Final
Regulations
Amending
the
PCB
Regulations
at
40
CFR
Part
761.
April
30.

U.
S.
EPA.
1998c.
United
States
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics.
ICR
Supporting
Statement
for
the
Final
Regulations
Amending
the
PCB
Regulations
at
40
CFR
761
(
ICR
1729).

U.
S.
EPA.
1998d.
United
States
Environmental
Protection
Agency,
Office
of
Pollution
Prevention
and
Toxics.
PCB
Reclassification
Rule:
Small
Entity
Impacts,
Environmental
Justice
Impacts,
and
Unfunded
Mandates
Analysis.
March
3.

U.
S.
EPA.
1989.
U.
S.
Environmental
Protection
Agency,
Office
of
Toxic
Substances.
­
145­
Regulatory
Impact
Analysis
of
Proposed
Options
for
Notification
and
Manifesting
of
PCB­
Containing
Wastes.
EPA
Contract
No.
68­
02­
4235.
July
28.

U.
S.
EPA.
Supporting
Statement.
Polychlorinated
Biphenyls
(
PCBs):
Manufacturing,
Processing,
and
Distribution
in
Commerce
Exemptions;
ICR
857.

U.
S.
EPA.
Supporting
Statement.
PCB
Use
in
Electrical
Equipment
and
Transformers;
ICR
#
1000;
OMB
Control
No.
2070­
0003.

U.
S.
EPA.
Supporting
Statement.
Polychlorinated
Biphenyls
(
PCBs);
Exclusions,
Exemptions,
and
Use
Authorizations;
ICR
#
1001.06;
OMB
Control
No.
2070­
1001.

U.
S.
EPA.
Supporting
Statement.
PCB
Disposal
Permitting
Regulation;
EPA
ICR
#
1012.

U.
S.
EPA.
Supporting
Statement.
Combination/
renewal
of
two
existing
ICRS:
Polychlorinated
Biphenyls
(
PCBs)
Use,
Storage,
and
Disposal
Recordkeeping
Requirements;
EPA
ICR
#
583
and
PCBs:
Notification
and
Manifesting
for
PCB
Waste
Activities;
EPA
ICR
#
1446.

U.
S.
EPA.
Supporting
Statement.
Combination/
renewal
of
two
existing
ICRS:
Polychlorinated
Biphenyls
(
PCBs)
Use,
Storage,
and
Disposal
Recordkeeping
Requirements;
EPA
ICR
#
583
and
PCBs:
Notification
and
Manifesting
for
PCB
Waste
Activities;
EPA
ICR
#
1446,
amended
to
address
the
new
Paperwork
Reduction
Act
(
PRA)
requirements
for
thirdparty
notifications.

U.
S.
EPA.
Supporting
Statement.
Combination/
renewal
of
two
existing
ICRS:
Polychlorinated
Biphenyls
(
PCBs)
Use,
Storage,
and
Disposal
Recordkeeping
Requirements;
EPA
ICR
#
583
and
PCBs:
Notification
and
Manifesting
for
PCB
Waste
Activities;
EPA
ICR
#
1446.

U.
S.
EPA.
Supporting
Statement.
Import
of
PCB
Wastes
for
Disposal,
EPA
ICR
#
1770.01;
OMB
Control
No.
2070­
0149.

U.
S.
GPO.
2001.
Reclassification
of
PCB
and
PCB­
Contaminated
Electrical
Equipment;
Final
Rule.
Federal
Register
(
66
FR
176020).
U.
S.
Government
Printing
Office,
Washington,
DC.
April
2.

U.
S.
OPM.
2003.
Salary
table
2003­
GS;
2003
General
Schedule.
U.
S.
Office
of
Personnel
Management,
Washington,
DC.
January.
LIST
OF
APPENDICES
Appendix
A
TSCA
Section
6(
e)
(
15
USC
2605(
e))

Appendix
B
40
CFR
761
­
Polychlorinated
Biphenyls
(
PCBs)
Manufacturing,
Processing,
Distribution
in
Commerce,
and
Use
Prohibitions
Appendix
C
EPA
Form
7720­
12
­
PCB
Transformer
Registration
Appendix
D
EPA
Form
7710­
53
­
Notification
of
PCB
Activity
Appendix
E
Economic
Impacts
on
Small
Entities
Appendix
F
Copies
of
Public
Comments
Appendix
G
Copies
of
Consultations
and
EPA
Response
APPENDIX
A
TSCA
Section
6(
e)

15
USC
2605(
e)
TITLE
15
­
Commerce
and
trade
CHAPTER
53
­
Toxic
substances
control
SUBCHAPTER
I
­
Control
of
toxic
substances
Sec.
2605.
­
Regulation
of
hazardous
chemical
substances
and
mixtures
*
*
*

(
e)
Polychlorinated
biphenyls
(
1)
Within
six
months
after
January
1,
1977,
the
Administrator
shall
promulgate
rules
to
­

(
A)
prescribe
methods
for
the
disposal
of
polychlorinated
biphenyls,
and
(
B)
require
polychlorinated
biphenyls
to
be
marked
with
clear
and
adequate
warnings,
and
instructions
with
respect
to
their
processing,
distribution
in
commerce,
use,
or
disposal
or
with
respect
to
any
combination
of
such
activities.

Requirements
prescribed
by
rules
under
this
paragraph
shall
be
consistent
with
the
requirements
of
paragraphs
(
2)
and
(
3).

(
2)
(
A)
Except
as
provided
under
subparagraph
(
B),
effective
one
year
after
January
1,
1977,
no
person
may
manufacture,
process,
or
distribute
in
commerce
or
use
any
polychlorinated
biphenyl
in
any
manner
other
than
in
a
totally
enclosed
manner.

(
B)
The
Administrator
may
by
rule
authorize
the
manufacture,
processing,
distribution
in
commerce
or
use
(
or
any
combination
of
such
activities)
of
any
polychlorinated
biphenyl
in
a
manner
other
than
in
a
totally
enclosed
manner
if
the
Administrator
finds
that
such
manufacture,
processing,
distribution
in
commerce,
or
use
(
or
combination
of
such
activities)
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.

(
C)
For
the
purposes
of
this
paragraph,
the
term
''
totally
enclosed
manner''
means
any
manner
which
will
ensure
that
any
exposure
of
human
beings
or
the
environment
to
a
polychlorinated
biphenyl
will
be
insignificant
as
determined
by
the
Administrator
by
rule.

(
3)
(
A)
Except
as
provided
in
subparagraphs
(
B)
and
(
C)
­

(
i)
no
person
may
manufacture
any
polychlorinated
biphenyl
after
two
years
after
January
1,
1977,
and
(
ii)
no
person
may
process
or
distribute
in
commerce
any
polychlorinated
biphenyl
after
two
and
one­
half
years
after
such
date.

(
B)
Any
person
may
petition
the
Administrator
for
an
exemption
from
the
requirements
of
subparagraph
(
A),
and
the
Administrator
may
grant
by
rule
such
an
exemption
if
the
Administrator
finds
that
­

(
i)
an
unreasonable
risk
of
injury
to
health
or
environment
would
not
result,
and
(
ii)
good
faith
efforts
have
been
made
to
develop
a
chemical
substance
which
does
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
and
which
may
be
substituted
for
such
polychlorinated
biphenyl.

An
exemption
granted
under
this
subparagraph
shall
be
subject
to
such
terms
and
conditions
as
the
Administrator
may
prescribe
and
shall
be
in
effect
for
such
period
(
but
not
more
than
one
year
from
the
date
it
is
granted)
as
the
Administrator
may
prescribe.

(
C)
Subparagraph
(
A)
shall
not
apply
to
the
distribution
in
commerce
of
any
polychlorinated
biphenyl
if
such
polychlorinated
biphenyl
was
sold
for
purposes
other
than
resale
before
two
and
one
half
years
after
October
11,
1976.

(
4)
Any
rule
under
paragraph
(
1),
(
2)(
B),
or
(
3)(
B)
shall
be
promulgated
in
accordance
with
paragraphs
(
2),
(
3),
and
(
4)
of
subsection
(
c)
of
this
section.

(
5)
This
subsection
does
not
limit
the
authority
of
the
Administrator,
under
any
other
provision
of
this
chapter
or
any
other
Federal
law,
to
take
action
respecting
any
polychlorinated
biphenyl
APPENDIX
B
40
CFR
761
POLYCHLORINATED
BIPHENYLS
(
PCBS)
MANUFACTURING,
PROCESSING,
DISTRIBUTION
IN
COMMERCE,
AND
USE
PROHIBITIONS
(
This
document
is
available
at
http://
www.
epa.
gov/
pcb/
2003pt761.
pdf)
Title
40:
Protection
of
Environment
PART
761
 
POLYCHLORINATED
BIPHENYLS
(
PCBs)
MANUFACTURING,
PROCESSING,
DISTRIBUTION
IN
COMMERCE,
AND
USE
PROHIBITIONS
Subpart
A
 
General
§
761.1
Applicability.

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

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

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

(
3)
Most
provisions
in
this
part
apply
only
if
PCBs
are
present
in
concentrations
above
a
specified
level.
Provisions
that
apply
to
PCBs
at
concentrations
of
<
50
ppm
apply
also
to
contaminated
surfaces
at
PCB
concentrations
of

10

g/
100
cm
2.
Provisions
that
apply
to
PCBs
at
concentrations
of

50
to
<
500
ppm
apply
also
to
contaminated
surfaces
at
PCB
concentrations
of
>
10/
100
cm
2
to
<
100

g/
100
cm
2.
Provisions
that
apply
to
PCBs
at
concentrations
of

500
ppm
apply
also
to
contaminated
surfaces
at
PCB
concentrations
of

100

g/
100
cm
2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§
761.2
PCB
concentration
assumptions
for
use.

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

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

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

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

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

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

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

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

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

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

§
761.3
Definitions.

For
the
purpose
of
this
part:

Administrator
means
the
Administrator
of
the
Environmental
Protection
Agency,
or
any
employee
of
the
Agency
to
whom
the
Administrator
may
either
herein
or
by
order
delegate
his
authority
to
carry
out
his
functions,
or
any
person
who
shall
by
operation
of
law
be
authorized
to
carry
out
such
functions.

Agency
means
the
United
States
Environmental
Protection
Agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DOT
means
the
United
States
Department
of
Transportation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Non­
porous
surface
means
a
smooth,
unpainted
solid
surface
that
limits
penetration
of
liquid
containing
PCBs
beyond
the
immediate
surface.
Examples
are:
smooth
uncorroded
metal;
natural
gas
pipe
with
a
thin
porous
coating
originally
applied
to
inhibit
corrosion;
smooth
glass;
smooth
glazed
ceramics;
impermeable
polished
building
stone
such
as
marble
or
granite;
and
high
density
plastics,
such
as
polycarbonates
and
melamines,
that
do
not
absorb
organic
solvents.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PCB
Capacitor
means
any
capacitor
that
contains

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

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

PCB­
Contaminated
means
a
non­
liquid
material
containing
PCBs
at
concentrations

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

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

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

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

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

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

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

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

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

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

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

50
ppm
PCBs,
regardless
of
the
concentration
of
the
original
spill;
materials
which
are
currently
at
any
volume
or
concentration
where
the
original
source
was

500
ppm
PCBs
beginning
on
April
18,
1978,
or

50
ppm
PCBs
beginning
on
July
2,
1979;
and
materials
which
are
currently
at
any
concentration
if
the
PCBs
are
spilled
or
released
from
a
source
not
authorized
for
use
under
this
part.
PCB
remediation
waste
means
soil,
rags,
and
other
debris
generated
as
a
result
of
any
PCB
spill
cleanup,
including,
but
not
limited
to:
(
1)
Environmental
media
containing
PCBs,
such
as
soil
and
gravel;
dredged
materials,
such
as
sediments,
settled
sediment
fines,
and
aqueous
decantate
from
sediment.

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

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

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

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

PCB
Transformer
means
any
transformer
that
contains

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

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

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

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

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

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

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

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

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

Qualified
incinerator
means
one
of
the
following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
a)
[
Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

50
ppm,
or
PCB
Items
with
PCB
concentrations
of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
ii)
Testing
to
determine
the
PCB
concentration
in
used
oil
may
be
conducted
on
individual
samples,
or
in
accordance
with
the
testing
procedures
described
in
§
761.60(
g)(
2).
However,
for
purposes
of
this
part,
if
any
PCBs
at
a
concentration
of
50
ppm
or
greater
have
been
added
to
the
container
or
equipment,
then
the
total
container
contents
must
be
considered
as
having
a
PCB
concentration
of
50
ppm
or
greater
for
purposes
of
complying
with
the
disposal
requirements
of
this
part.

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

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

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

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

(
B)
The
burner
will
burn
the
used
oil
only
in
a
combustion
facility
identified
in
paragraph
(
e)(
1)
of
this
section
and
identify
the
class
of
burner
he
qualifies.

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

(
i)
Marketers.
Marketers
who
first
claim
that
the
used
oil
fuel
contains
no
detectable
PCBs
must
include
among
the
records
required
by
40
CFR
279.72(
b)
and
279.74(
b)
and
(
c),
copies
of
the
analysis
or
other
information
documenting
his
claim,
and
he
must
include
among
the
records
required
by
40
CFR
279.74(
a)
and
(
c)
and
279.75,
a
copy
of
each
certification
notice
received
or
prepared
relating
to
transactions
involving
PCB­
containing
used
oil.

(
ii)
Burners.
Burners
must
include
among
the
records
required
by
40
CFR
279.65
and
279.66,
a
copy
of
each
certification
notice
required
by
paragraph
(
e)(
3)(
ii)
of
this
section
that
he
sends
to
a
marketer.

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

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

§
761.30
Authorizations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
1)
Company
name
and
address.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
B)
The
containment
of
water
runoff.

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

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

(
A)
Its
location.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

500
ppm
PCBs
to
a
PCB­
Contaminated
transformer
(

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
g)
[
Reserved]

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

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

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

500
ppm
are
subject
to
the
following
provisions:

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

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

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

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

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

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

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

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

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

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

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

500
ppm
PCBs
to
PCB­
Contaminated
status
(

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
ii)
PCBs
are
authorized
for
use,
at
concentrations

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

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

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

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

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

(
2)
Within
120
days
after
discovery
of
PCBs

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

50
ppm
were
discovered.

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

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

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

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

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

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

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

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

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

50
ppm.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
3)
[
Reserved]

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

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

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

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

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

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

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

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

(
2)
[
Reserved]

(
n)
 
(
o)
[
Reserved]

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

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

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

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

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

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

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

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

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

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

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

(
q)
[
Reserved]

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

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

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

50
ppm
provided
that:

(
i)
All
free­
flowing
liquids
containing
PCBs

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

(
ii)
Other
air
compressor
system
components
contaminated
with
PCBs

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

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

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

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

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

(
2)
PCBs
are
authorized
for
use
at
concentrations

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

(
3)
Any
person
may
use
PCBs
at
concentrations

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

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

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

(
i)
The
materials
were
decontaminated
in
accordance
with:

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

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

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

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

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

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

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

§
761.35
Storage
for
reuse.

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

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

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

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

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

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

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

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

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

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

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

[
63
FR
35443,
June
29,
1998]

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

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

(
1)
PCB
Containers;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§
761.45
Marking
formats.

The
following
formats
shall
be
used
for
marking:

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

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

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

Subpart
D
 
Storage
and
Disposal
§
761.50
Applicability.

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

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

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

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

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

50
ppm
constitute
the
disposal
of
PCBs.

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

500
ppm
(
or

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

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

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

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

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

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

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

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

50
ppm
that
was
either
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
prior
to
April
18,
1978,
regardless
of
the
concentration
of
the
spill
or
release;
or
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
on
or
after
April
18,
1978,
but
prior
to
July
2,
1979,
where
the
concentration
of
the
spill
or
release
was

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

(
A)
Sites
containing
these
wastes
are
presumed
not
to
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
from
exposure
to
PCBs
at
the
site.
However,
the
EPA
Regional
Administrator
may
inform
the
owner
or
operator
of
the
site
that
there
is
reason
to
believe
that
spills,
leaks,
or
other
uncontrolled
releases
or
discharges,
such
as
leaching,
from
the
site
constitute
ongoing
disposal
that
may
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
from
exposure
to
PCBs
at
the
site,
and
may
require
the
owner
or
operator
to
generate
data
necessary
to
characterize
the
risk.
If
after
reviewing
any
such
data,
the
EPA
Regional
Administrator
makes
a
finding,
that
an
unreasonable
risk
exists,
then
he
or
she
may
direct
the
owner
or
operator
of
the
site
to
dispose
of
the
PCB
remediation
waste
in
accordance
with
§
761.61
such
that
an
unreasonable
risk
of
injury
no
longer
exists.

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

50
ppm
that
was
either
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
prior
to
April
18,
1978,
regardless
of
the
concentration
of
the
spill
or
release;
or
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
on
or
after
April
18,
1978,
but
prior
to
July
2,
1979,
where
the
concentration
of
the
spill
or
release
was

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

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

50
ppm
that
was
either
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
on
or
after
April
18,
1978,
but
prior
to
July
2,
1979,
where
the
concentration
of
the
spill
or
release
was

500
ppm;
or
placed
in
a
land
disposal
facility,
spilled,
or
otherwise
released
into
the
environment
on
or
after
July
2,
1979,
where
the
concentration
of
the
spill
or
release
was

50
ppm,
must
dispose
of
it
in
accordance
with
either
of
the
following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
a)
PCB
liquids.
PCB
liquids
at
concentrations

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

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

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

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

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

(
i)
[
Reserved]

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

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

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

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

(
ii)
[
Reserved]

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

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

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

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

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

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

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

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

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

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

(
A)
In
accordance
with
§
761.79.

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

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

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

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

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

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

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

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

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

(
i)
Abandonment.
Natural
gas
pipe
containing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
4)
In
accordance
with
§
761.79.

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

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

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

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

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

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

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

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

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

(
1)
In
accordance
with
§
761.79.

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

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

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

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

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

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

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

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

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

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

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

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

(
d)
[
Reserved]

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

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

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

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

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

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

(
ii)
For
purposes
of
complying
with
the
marking
and
disposal
requirements,
representative
samples
may
be
taken
from
either
the
common
containers
or
the
individual
electrical
equipment
to
determine
the
PCB
concentration,
except
that
if
any
PCBs
at
a
concentration
of
500
ppm
or
greater
have
been
added
to
the
container
or
equipment
then
the
total
container
contents
must
be
considered
as
having
a
PCB
concentration
of
500
ppm
or
greater
for
purposes
of
complying
with
the
disposal
requirements
of
this
subpart.
For
purposes
of
this
subparagraph,
representative
samples
of
mineral
oil
dielectric
fluid
are
either
samples
taken
in
accordance
with
ASTM
D
923
 
86
or
ASTM
D
923
 
89
or
samples
taken
from
a
container
that
has
been
thoroughly
mixed
in
a
manner
such
that
any
PCBs
in
the
container
are
uniformly
distributed
throughout
the
liquid
in
the
container.

(
iii)
Unless
otherwise
specified
in
this
part,
any
person
conducting
the
chemical
analysis
of
PCBs
shall
do
so
using
gas
chromatography.
Any
gas
chromatographic
method
that
is
appropriate
for
the
material
being
analyzed
may
be
used,
including
EPA
Method
608,
"
Organochlorine
Pesticides
and
PCBs"
at
40
CFR
part
136,
Appendix
A;"
EPA
Method
8082,
"
Polychlorinated
Biphenyls
(
PCBs)
by
Capillary
Column
Gas
Chromatography"
of
SW­
846,
"
OSW
Test
Methods
for
Evaluating
Solid
Waste,"
which
is
available
from
NTIS;
and
ASTM
Standard
D­
4059,
"
Standard
Test
Method
for
Analysis
of
Polychlorinated
Biphenyls
in
Insulating
Liquids
by
Gas
Chromatography,"
which
is
available
from
ASTM.

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

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

(
ii)
For
purposes
of
complying
with
the
marking
and
disposal
requirements,
representative
samples
may
be
taken
from
either
the
common
containers
or
the
individual
electrical
equipment
to
determine
the
PCB
concentration.
Except,
That
if
any
PCBs
at
a
concentration
of
500
ppm
or
greater
have
been
added
to
the
container
or
equipment
then
the
total
container
contents
must
be
considered
as
having
a
PCB
concentration
of
500
ppm
or
greater
for
purposes
of
complying
with
the
disposal
requirements
of
this
subpart.
For
purposes
of
this
paragraph,
representative
samples
of
mineral
oil
dielectric
fluid
are
either
samples
taken
in
accordance
with
ASTM
D
923
 
86
or
ASTM
D
923
 
89
or
samples
taken
from
a
container
that
has
been
thoroughly
mixed
in
a
manner
such
that
any
PCBs
in
the
container
are
uniformly
distributed
throughout
the
liquid
in
the
container.

(
iii)
Unless
otherwise
specified
in
this
part,
any
person
conducting
the
chemical
analysis
of
PCBs
shall
do
so
using
gas
chromatography.
Any
gas
chromatographic
method
that
is
appropriate
for
the
material
being
analyzed
may
be
used,
including
those
indicated
in
paragraph
(
g)(
1)(
iii)
of
this
section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[
44
FR
31542,
May
31,
1979]

§
761.61
PCB
remediation
waste.

This
section
provides
cleanup
and
disposal
options
for
PCB
remediation
waste.
Any
person
cleaning
up
and
disposing
of
PCBs
managed
under
this
section
shall
do
so
based
on
the
concentration
at
which
the
PCBs
are
found.
This
section
does
not
prohibit
any
person
from
implementing
temporary
emergency
measures
to
prevent,
treat,
or
contain
further
releases
or
mitigate
migration
to
the
environment
of
PCBs
or
PCB
remediation
waste.

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

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

(
A)
Surface
or
ground
waters.

(
B)
Sediments
in
marine
and
freshwater
ecosystems.

(
C)
Sewers
or
sewage
treatment
systems.

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

(
E)
Grazing
lands.

(
F)
Vegetable
gardens.

(
ii)
The
self­
implementing
cleanup
provisions
shall
not
be
binding
upon
cleanups
conducted
under
other
authorities,
including
but
not
limited
to,
actions
conducted
under
section
104
or
section
106
of
CERCLA,
or
section
3004(
u)
and
(
v)
or
section
3008(
h)
of
RCRA.

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

(
3)
Notification
and
certification.
(
i)
At
least
30
days
prior
to
the
date
that
the
cleanup
of
a
site
begins,
the
person
in
charge
of
the
cleanup
or
the
owner
of
the
property
where
the
PCB
remediation
waste
is
located
shall
notify,
in
writing,
the
EPA
Regional
Administrator,
the
Director
of
the
State
or
Tribal
environmental
protection
agency,
and
the
Director
of
the
county
or
local
environmental
protection
agency
where
the
cleanup
will
be
conducted.
The
notice
shall
include:

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

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

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

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

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

(
ii)
Within
30
calendar
days
of
receiving
the
notification,
the
EPA
Regional
Administrator
will
respond
in
writing
approving
of
the
self­
implementing
cleanup,
disapproving
of
the
self­
implementing
cleanup,
or
requiring
additional
information.
If
the
EPA
Regional
Administrator
does
not
respond
within
30
calendar
days
of
receiving
the
notice,
the
person
submitting
the
notification
may
assume
that
it
is
complete
and
acceptable
and
proceed
with
the
cleanup
according
to
the
information
the
person
provided
to
the
EPA
Regional
Administrator.
Once
cleanup
is
underway,
the
person
conducting
the
cleanup
must
provide
any
proposed
changes
from
the
notification
to
the
EPA
Regional
Administrator
in
writing
no
less
than
14
calendar
days
prior
to
the
proposed
implementation
of
the
change.
The
EPA
Regional
Administrator
will
determine
in
his
or
her
discretion
whether
to
accept
the
change,
and
will
respond
to
the
change
notification
verbally
within
7
calendar
days
and
in
writing
within
14
calendar
days
of
receiving
it.
If
the
EPA
Regional
Administrator
does
not
respond
verbally
within
7
calendar
days
and
in
writing
within
14
calendar
days
of
receiving
the
change
notice,
the
person
who
submitted
it
may
deem
it
complete
and
acceptable
and
proceed
with
the
cleanup
according
to
the
information
in
the
change
notice
provided
to
the
EPA
Regional
Administrator.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
1)
A
non­
chlorinated
solvent
is
used.

(
2)
The
process
occurs
at
ambient
temperature.

(
3)
The
process
is
not
exothermic.

(
4)
The
process
uses
no
external
heat.

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

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

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

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

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

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

50
ppm
PCBs.

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

(
iii)
Bulk
PCB
remediation
wastes
with
a
PCB
concentration

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

(
iv)
The
generator
must
provide
written
notice,
including
the
quantity
to
be
shipped
and
highest
concentration
of
PCBs
(
using
extraction
EPA
Method
3500B/
3540C
or
Method
3500B/
3550B
followed
by
chemical
analysis
using
EPA
Method
8082
in
SW­
846
or
methods
validated
under
subpart
Q
of
this
part)
at
least
15
days
before
the
first
shipment
of
bulk
PCB
remediation
waste
from
each
cleanup
site
by
the
generator,
to
each
off­
site
facility
where
the
waste
is
destined
for
an
area
not
subject
to
a
TSCA
PCB
Disposal
Approval.

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

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

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

(
1)
Procedures
approved
under
§
761.79.

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

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

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

(
2)
Having
surface
concentrations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
7)
Cap
requirements.
A
cap
means,
when
referring
to
on­
site
cleanup
and
disposal
of
PCB
remediation
waste,
a
uniform
placement
of
concrete,
asphalt,
or
similar
material
of
minimum
thickness
spread
over
the
area
where
remediation
waste
was
removed
or
left
in
place
in
order
to
prevent
or
minimize
human
exposure,
infiltration
of
water,
and
erosion.
Any
person
designing
and
constructing
a
cap
must
do
so
in
accordance
with
§
264.310(
a)
of
this
chapter,
and
ensure
that
it
complies
with
the
permeability,
sieve,
liquid
limit,
and
plasticity
index
parameters
in
§
761.75(
b)(
1)(
ii)
through
(
b)(
1)(
v).
A
cap
of
compacted
soil
shall
have
a
minimum
thickness
of
25
cm
(
10
inches).
A
concrete
or
asphalt
cap
shall
have
a
minimum
thickness
of
15
cm
(
6
inches).
A
cap
must
be
of
sufficient
strength
to
maintain
its
effectiveness
and
integrity
during
the
use
of
the
cap
surface
which
is
exposed
to
the
environment.
A
cap
shall
not
be
contaminated
at
a
level

1
ppm
PCB
per
AroclorTM
(
or
equivalent)
or
per
congener.
Repairs
shall
begin
within
72
hours
of
discovery
for
any
breaches
which
would
impair
the
integrity
of
the
cap.

(
8)
Deed
restrictions
for
caps,
fences
and
low
occupancy
areas.
When
a
cleanup
activity
conducted
under
this
section
includes
the
use
of
a
fence
or
a
cap,
the
owner
of
the
site
must
maintain
the
fence
or
cap,
in
perpetuity.
In
addition,
whenever
a
cap,
or
the
procedures
and
requirements
for
a
low
occupancy
area,
is
used,
the
owner
of
the
site
must
meet
the
following
conditions:

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

(
A)
Record,
in
accordance
with
State
law,
a
notation
on
the
deed
to
the
property,
or
on
some
other
instrument
which
is
normally
examined
during
a
title
search,
that
will
in
perpetuity
notify
any
potential
purchaser
of
the
property:

(
1)
That
the
land
has
been
used
for
PCB
remediation
waste
disposal
and
is
restricted
to
use
as
a
low
occupancy
area
as
defined
in
§
761.3.
(
2)
Of
the
existence
of
the
fence
or
cap
and
the
requirement
to
maintain
the
fence
or
cap.

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

(
B)
Submit
a
certification,
signed
by
the
owner,
that
he/
she
has
recorded
the
notation
specified
in
paragraph
(
a)(
8)(
i)(
A)
of
this
section
to
the
EPA
Regional
Administrator.

(
ii)
The
owner
of
a
site
being
cleaned
up
under
this
section
may
remove
a
fence
or
cap
after
conducting
additional
cleanup
activities
and
achieving
cleanup
levels,
specified
in
paragraph
(
a)(
4)
of
this
section,
which
do
not
require
a
cap
or
fence.
The
owner
may
remove
the
notice
on
the
deed
no
earlier
than
30
days
after
achieving
the
cleanup
levels
specified
in
this
section
which
do
not
require
a
fence
or
cap.

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

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

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

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

(
ii)
Decontaminate
it
in
accordance
with
§
761.79.

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

(
i)
In
accordance
with
a
permit
that
has
been
issued
under
section
404
of
the
Clean
Water
Act,
or
the
equivalent
of
such
a
permit
as
provided
for
in
regulations
of
the
U.
S.
Army
Corps
of
Engineers
at
33
CFR
part
320.

(
ii)
In
accordance
with
a
permit
issued
by
the
U.
S.
Army
Corps
of
Engineers
under
section
103
of
the
Marine
Protection,
Research,
and
Sanctuaries
Act,
or
the
equivalent
of
such
a
permit
as
provided
for
in
regulations
of
the
U.
S.
Army
Corps
of
Engineers
at
33
CFR
part
320.

(
c)
Risk­
based
disposal
approval.
(
1)
Any
person
wishing
to
sample,
cleanup,
or
dispose
of
PCB
remediation
waste
in
a
manner
other
than
prescribed
in
paragraphs
(
a)
or
(
b)
of
this
section,
or
store
PCB
remediation
waste
in
a
manner
other
than
prescribed
in
§
761.65,
must
apply
in
writing
to
the
EPA
Regional
Administrator
in
the
Region
where
the
sampling,
cleanup,
disposal
or
storage
site
is
located,
for
sampling,
cleanup,
disposal
or
storage
occurring
in
a
single
EPA
Region;
or
to
the
Director
of
the
National
Program
Chemicals
Division,
for
sampling,
cleanup,
disposal
or
storage
occurring
in
more
than
one
EPA
Region.
Each
application
must
contain
information
described
in
the
notification
required
by
§
761.61(
a)(
3).
EPA
may
request
other
information
that
it
believes
necessary
to
evaluate
the
application.
No
person
may
conduct
cleanup
activities
under
this
paragraph
prior
to
obtaining
written
approval
by
EPA.

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

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

§
761.62
Disposal
of
PCB
bulk
product
waste.

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

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

(
1)
In
an
incinerator
approved
under
§
761.70.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10

g/
L
PCBs.

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

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

(
c)
Risk­
based
disposal
approval.
(
1)
Any
person
wishing
to
sample
or
dispose
of
PCB
bulk
product
waste
in
a
manner
other
than
prescribed
in
paragraphs
(
a)
or
(
b)
of
this
section,
or
store
PCB
bulk
product
waste
in
a
manner
other
than
prescribed
in
§
761.65,
must
apply
in
writing
to:
the
EPA
Regional
Administrator
in
the
Region
where
the
sampling,
disposal,
or
storage
site
is
located,
for
sampling,
disposal,
or
storage
occurring
in
a
single
EPA
Region;
or
the
Director
of
the
National
Program
Chemicals
Division,
for
sampling,
disposal,
or
storage
occurring
in
more
than
one
EPA
Region.
Each
application
must
contain
information
indicating
that,
based
on
technical,
environmental,
or
waste­
specific
characteristics
or
considerations,
the
proposed
sampling,
disposal,
or
storage
methods
or
locations
will
not
pose
an
unreasonable
risk
of
injury
to
health
or
the
environment.
EPA
may
request
other
information
that
it
believes
necessary
to
evaluate
the
application.
No
person
may
conduct
sampling,
disposal,
or
storage
activities
under
this
paragraph
prior
to
obtaining
written
approval
by
EPA.

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

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

(
1)
As
daily
landfill
cover
as
long
as
the
daily
cover
remains
in
the
landfill
and
is
not
released
or
dispersed
by
wind
or
other
action;
or
(
2)
Under
asphalt
as
part
of
a
road
bed.

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

§
761.63
PCB
household
waste
storage
and
disposal.

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

[
63
FR
35452,
June
29,
1998]

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

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

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

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

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

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

[
63
FR
35452,
June
29,
1998]

§
761.65
Storage
for
disposal.

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

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

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

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

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

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

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

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

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

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

(
1)
The
facilities
shall
meet
the
following
criteria:

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

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

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

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

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

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

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

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

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

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

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

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

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

(
i)
Non­
leaking
PCB
Articles
and
PCB
Equipment;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
iii)
The
storage
site
must
have:

(
A)
A
liner
that
is
designed,
constructed,
and
installed
to
prevent
any
migration
of
wastes
off
or
through
the
liner
into
the
adjacent
subsurface
soil,
ground
water
or
surface
water
at
any
time
during
the
active
life
(
including
the
closure
period)
of
the
storage
site.
The
liner
may
be
constructed
of
materials
that
may
allow
waste
to
migrate
into
the
liner.
The
liner
must
be:

(
1)
Constructed
of
materials
that
have
appropriate
chemical
properties
and
sufficient
strength
and
thickness
to
prevent
failure
due
to
pressure
gradients
(
including
static
head
and
external
hydrogeologic
forces),
physical
contact
with
the
waste
or
leachate
to
which
they
are
exposed,
climatic
conditions,
the
stress
of
installation,
and
the
stress
of
daily
operation.

(
2)
Placed
upon
a
foundation
or
base
capable
of
providing
support
to
the
liner
and
resistance
to
pressure
gradients
above
and
below
the
liner
to
prevent
failure
of
the
liner
due
to
settlement,
compression,
or
uplift.

(
3)
Installed
to
cover
all
surrounding
earth
likely
to
be
in
contact
with
the
waste.

(
B)
A
cover
that
meets
the
requirements
of
paragraph
(
c)(
9)(
iii)(
A)
of
this
section,
is
installed
to
cover
all
of
the
stored
waste
likely
to
be
contacted
with
precipitation,
and
is
secured
so
as
not
to
be
functionally
disabled
by
winds
expected
under
normal
seasonal
meteorological
conditions
at
the
storage
site.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(
g)
Financial
assurance
for
closure.
A
commercial
storer
of
PCB
waste
shall
establish
financial
assurance
for
closure
of
each
PCB
storage
facility
that
he
owns
or
operates.
In
establishing
financial
assurance
for
closure,
the
commercial
storer
of
PCB
waste
may
choose
from
the
following
financial
assurance
mechanisms
or
any
combination
of
mechanisms:
(
1)
The
"
closure
trust
fund,"
as
specified
in
§
264.143(
a)
of
this
chapter,
except
for
paragraph
(
a)(
3)
of
§
264.143.
For
purposes
of
this
paragraph,
the
following
provisions
also
apply:

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

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

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

(
iv)
The
submission
of
a
trust
agreement
with
the
wording
specified
in
§
264.151(
a)(
1)
of
this
chapter,
including
any
reference
to
hazardous
waste
management
facilities,
shall
be
deemed
to
be
in
compliance
with
the
requirement
to
submit
a
trust
agreement
under
this
subpart.

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

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

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

(
4)(
i)
The
"
closure
letter
of
credit"
specified
in
§
264.143(
d)
of
this
chapter,
except
for
paragraph
(
d)(
8).
The
submission
and
use
of
the
irrevocable
letter
of
credit
instrument
specified
in
§
264.151(
d)
of
this
chapter
and
the
standby
trust
specified
in
§
264.143(
d)(
3)
of
this
chapter
shall
be
deemed
to
be
in
compliance
with
the
requirements
of
this
subpart
relating
to
the
use
of
letters
of
credit
and
standby
trust
funds.

(
ii)
For
the
purposes
of
this
paragraph,
the
Regional
Administrator
(
or
the
Director,
National
Programs
Chemical
Division,
if
the
commercial
storage
area
is
ancillary
to
a
disposal
facility
approved
by
the
Director,
National
Programs
Chemical
Division)
may
draw
on
the
letter
of
credit
following
a
final
administrative
determination
pursuant
to
section
16
of
TSCA
that
the
owner
or
operator
has
failed
to
perform
final
closure
in
accordance
with
the
closure
plan
and
other
approval
or
regulatory
requirements
when
required
to
do
so.

(
5)
"
Closure
insurance,"
as
specified
in
§
264.143(
e)
of
this
chapter,
utilizing
the
certificate
of
insurance
for
closure
specified
at
§
264.151(
e)
of
this
chapter.
The
use
of
closure
insurance
as
specified
in
§
264.143(
e)
of
this
chapter
and
the
submission
and
use
of
the
certificate
of
insurance
specified
in
§
264.151(
e)
of
this
chapter
shall
be
deemed
to
be
in
compliance
with
the
requirements
of
this
subpart
relating
to
the
use
of
closure
insurance.

(
6)
The
"
financial
test
and
corporate
guarantee
for
closure,"
as
described
in
§
264.143(
f)
of
this
chapter,
including
a
letter
signed
by
the
owner's
or
operator's
chief
financial
officer
as
specified
at
§
264.151(
f)
of
this
chapter
and,
if
applicable,
the
written
corporate
guarantee
specified
at
§
264.151(
h)
of
this
chapter.
The
use
of
the
financial
test
and
corporate
guarantee
specified
in
§
264.143(
f)
of
this
chapter,
the
submission
and
use
of
the
letter
specified
in
§
264.151(
f)
of
this
chapter,
and
the
submission
and
use
of
the
written
corporate
guarantee
specified
at
§
264.151(
h)
of
this
chapter
shall
be
deemed
to
be
in
compliance
with
the
requirements
of
this
subpart
relating
to
the
use
of
financial
tests
and
corporate
guarantees.

(
7)
The
corporate
guarantee
as
specified
in
§
264.143(
f)(
10)
of
this
chapter.

(
8)
The
use
of
multiple
financial
mechanisms,
as
specified
in
§
264.143(
g)
of
this
chapter
is
permitted.

(
9)
A
modification
to
a
facility
storing
PCB
waste
that
increases
the
maximum
storage
capacity
indicated
in
the
permit
requires
that
a
new
financial
assurance
mechanism
be
established
or
an
existing
one
be
amended.
When
such
a
modification
occurs,
the
Director
of
the
Federal
or
State
issuing
authority
must
be
notified
in
writing
no
later
than
30
days
from
the
completion
of
the
modification.
The
new
or
revised
financial
assurance
mechanism
must
be
established
and
activated
no
later
than
30
days
after
the
Director
of
the
Federal
or
State
issuing
authority
is
notified
of
the
completion
of
the
modification,
but
prior
to
the
use
of
the
modified
portion
of
the
facility.

(
h)
Release
of
owner
or
operator.
Within
60
days
after
receiving
certifications
from
the
owner
or
operator
and
an
independent
registered
professional
engineer
that
final
closure
has
been
completed
in
accordance
with
the
approved
closure
plan,
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
will
notify
the
owner
or
operator
in
writing
that
the
owner
or
operator
is
no
longer
required
by
this
section
to
maintain
financial
assurance
for
final
closure
of
the
facility,
unless
the
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
has
reason
to
believe
that
final
closure
has
not
been
completed
in
accordance
with
the
approved
closure
plan.
The
Regional
Administrator
or
the
Director,
National
Programs
Chemical
Division,
if
he
approved
the
closure
plan,
shall
provide
the
owner
or
operator
with
a
detailed
written
statement
stating
the
reasons
why
he
believed
closure
was
not
conducted
in
accordance
with
the
approved
closure
plan.

(
i)
Laboratories
and
samples.
(
1)
A
laboratory
is
conditionally
exempt
from
the
notification
and
approval
requirements
for
a
commercial
storer
under
§
761.65
(
d)
through
(
h)
when
it
stores
samples
held
for
disposal
in
a
facility
that
complies
with
the
standards
in
§
761.65
(
b)(
1)(
i)
through
(
b)(
1)(
iv).

(
2)
A
laboratory
sample
is
exempt
from
the
manifesting
requirements
in
§
761.208
when:

(
i)
The
sample
is
being
transported
to
a
laboratory
for
the
purpose
of
testing.

(
ii)
The
sample
is
being
transported
back
to
the
sample
collector
after
testing.

(
iii)
The
sample
is
being
stored
by
the
sample
collector
before
transport
to
a
laboratory
for
testing.

(
iv)
The
sample
is
being
stored
in
a
laboratory
before
testing.

(
v)
The
sample
is
being
stored
in
a
laboratory
after
testing
but
before
it
is
returned
to
the
sample
collector.

(
vi)
The
sample
is
being
stored
temporarily
in
the
laboratory
after
testing
for
a
specific
purpose
(
for
example,
until
conclusion
of
a
court
case
or
enforcement
action
where
further
testing
of
the
sample
may
be
necessary).

(
3)
In
order
to
qualify
for
the
exemption
in
paragraph
(
i)(
2)(
i)
and
(
i)(
2)(
ii)
of
this
section,
a
sample
collector
shipping
samples
to
a
laboratory
and
a
laboratory
returning
samples
to
a
sample
collector
must:

(
i)
Comply
with
applicable
U.
S.
Department
of
Transportation
(
DOT)
or
U.
S.
Postal
Service
(
USPS)
shipping
requirements,
found
respectively
in
49
CFR
173.345
and
U.
S.
Postal
Regulations
652.2
and
652.3.

(
ii)
Assure
that
the
following
information
accompanies
the
sample:

(
A)
The
sample
collector's
name,
mailing
address,
and
telephone
number.

(
B)
The
laboratory's
name,
mailing
address,
and
telephone
number.

(
C)
The
quantity
of
the
sample.

(
D)
The
date
of
shipment.

(
E)
A
description
of
the
sample.

(
iii)
Package
the
sample
so
that
it
does
not
leak,
spill,
or
vaporize
from
its
packaging.

(
4)
When
the
concentration
of
the
PCB
sample
has
been
determined,
and
its
use
is
terminated,
the
sample
must
be
properly
disposed.
A
laboratory
must
either
manifest
the
PCB
waste
to
a
disposer
or
commercial
storer,
as
required
under
§
761.208,
retain
a
copy
of
each
manifest,
as
required
under
§
761.209,
and
follow
up
on
exception
reporting,
as
required
under
§
761.215
(
a)
and
(
b),
or
return
the
sample
to
the
sample
collector
who
must
then
properly
dispose
of
the
sample.
If
the
laboratory
returns
the
sample
to
the
sample
collector,
the
laboratory
must
comply
with
the
shipping
requirements
set
forth
in
paragraph
(
i)(
3)(
i)
through
(
i)(
3)(
iii)
of
this
section.

(
j)
Changes
in
ownership
or
operational
control
of
a
commercial
storage
facility.
The
date
of
transfer
of
interim
status
or
final
approval
shall
be
the
date
the
EPA
Regional
Administrator
(
or
Director,
National
Program
Chemicals
Division)
provides
written
approval
of
the
transfer.
EPA
will
provide
a
final
written
decision
within
90
days
of
receipt
of
the
complete
new
or
amended
application.
The
Agency
will
approve
the
transfer
if
the
following
conditions
are
met:

(
1)
The
transferee
has
established
financial
assurance
for
closure
pursuant
to
paragraph
(
g)
of
this
section
using
a
mechanism
effective
as
of
the
date
of
final
approval
so
that
there
will
be
no
lapse
in
financial
assurance
for
the
transferred
facility.

(
2)
The
transferor
or
transferee
has
resolved
any
deficiencies
(
e.
g.,
technical
operations,
closure
plans,
cost
estimates,
etc.)
the
Agency
has
identified
in
the
transferor's
application.

(
k)
States
and
the
Federal
Government.
States
and
the
Federal
Government
are
exempt
from
the
requirements
of
paragraphs
(
f)
and
(
g)
of
this
section.

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

[
44
FR
31542,
May
31,
1979.
Redesignated
at
47
FR
19527,
May
6,
1982,
and
amended
at
47
FR
37359,
Aug.
8,
1982;
49
FR
28191,
July
10,
1984;
53
FR
12524,
Apr.
15,
1988;
54
FR
52746,
Dec.
21,
1989;
55
FR
695,
Jan.
8,
1990;
55
FR
26205,
June
27,
1990;
58
FR
15809,
Mar.
24,
1993;
58
FR
34205,
June
23,
1993;
58
FR
59374,
Nov.
9,
1993;
63
FR
35439,
35452,
June
29,
1998]

§
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.
APPENDIX
C
EPA
FORM
7720­
12
PCB
TRANSFORMER
REGISTRATION
(
This
document
is
available
at
http://
www.
epa.
gov/
pcb/
7720­
12.
pdf
and
http://
www.
epa.
gov/
pcb/
7720back.
pdf)
APPENDIX
D
EPA
FORM
7710­
53
NOTIFICATION
OF
PCB
ACTIVITY
(
This
document
is
available
at
http://
www.
epa.
gov/
pcb/
7710­
53.
pdf
and
http://
www.
epa.
gov/
pcb/
7710back.
pdf)
APPENDIX
E
ECONOMIC
IMPACTS
ON
SMALL
ENTITIES
APPENDIX
F
COPIES
OF
PUBLIC
COMMENTS
APPENDIX
G
COPIES
OF
CONSULTATIONS
AND
EPA
RESPONSE
