APPENDIX B

  SEQ CHAPTER \h \r 1 Polychlorinated Biphenyls (PCBs)

Manufacturing, Processing, Distribution in Commerce, and Use
Prohibitions

40 CFR 761

(This document is available at http://epa.gov/pcb/pubs/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.

 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.

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.

 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.

 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.

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.

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.

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.

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

------------------------------------------------------------------------
----------------------------------------

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.

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.

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.

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

------------------------------------------------------------------------
----------------------------------------

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.

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
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(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

 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.

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).

 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.

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:

 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.

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).

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.

 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.

 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)

 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.

 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:

̊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:

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.

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;

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.

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.

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.

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.

 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:

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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rinated 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).

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. 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.

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.

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.

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.

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.

 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.

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.

nd 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.

