Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.
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§761.1
Applicability.
(a) This part establishes prohibitions of, and requirements for, the manufacture, processing, distribution in commerce, use, disposal, storage, and marking of PCBs and PCB Items.
(b)(1) This part applies to all persons who manufacture, process, distribute in commerce, use, or dispose of PCBs or PCB Items. Substances that are regulated by this part include, but are not limited to: dielectric fluids; solvents; oils; waste oils; heat transfer fluids; hydraulic fluids; paints or coatings; sludges; slurries; sediments; dredge spoils; soils; materials containing PCBs as a result of spills; and other chemical substances or combinations of substances, including impurities and byproducts and any byproduct, intermediate, or impurity manufactured at any point in a process.
(2) Unless otherwise noted, PCB concentrations shall be determined on a weight-per-weight basis (e.g., milligrams per kilogram), or for liquids, on a weight-per-volume basis (e.g., milligrams per liter) if the density of the liquid is also reported. Unless otherwise provided, PCBs are quantified based on the formulation of PCBs present in the material analyzed. For example, measure AroclorTM 1242 PCBs based on a comparison with AroclorTM 1242 standards. Measure individual congener PCBs based on a comparison with individual PCB congener standards.
(3) Most provisions in this part apply only if PCBs are present in concentrations above a specified level. Provisions that apply to PCBs at concentrations of < 50 ppm apply also to contaminated surfaces at PCB concentrations of ≤ 10 μg/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 μg/100 cm 2. Provisions that apply to PCBs at concentrations of ≥500 ppm apply also to contaminated surfaces at PCB concentrations of ≥ 100 μg/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]
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§761.2
PCB concentration assumptions for use.
(a)(1) Any person may assume that transformers with < 3 pounds (1.36 kilograms (kgs)) of fluid, circuit breakers, reclosers, oil-filled cable, and rectifiers whose PCB concentration is not established contain PCBs at < 50 ppm.
(2) Any person must assume that mineral oil-filled electrical equipment that was manufactured before July 2, 1979, and whose PCB concentration is not established is PCB-Contaminated Electrical Equipment (i.e., contains ≥50 ppm PCB, but < 500 ppm PCB). All pole-top and pad-mounted distribution transformers manufactured before July 2, 1979, must be assumed to be mineral-oil filled. Any person may assume that electrical equipment manufactured after July 2, 1979, is non-PCB (i.e., < 50 ppm PCBs). If the date of manufacture of mineral oil-filled electrical equipment is unknown, any person must assume it to be PCB-Contaminated.
(3) Any person must assume that a transformer manufactured prior to July 2, 1979, that contains 1.36 kg (3 pounds) or more of fluid other than mineral oil and whose PCB concentration is not established, is a PCB Transformer (i.e., ≧ 500 ppm). If the date of manufacture and the type of dielectric fluid are unknown, any person must assume the transformer to be a PCB Transformer.
(4) Any person must assume that a capacitor manufactured prior to July 2, 1979, whose PCB concentration is not established contains ≥500 ppm PCBs. Any person may assume that a capacitor manufactured after July 2, 1979, is non-PCB (i.e., < 50 ppm PCBs). If the date of manufacture is unknown, any person must assume the capacitor contains ≥500 ppm PCBs. Any person may assume that a capacitor marked at the time of manufacture with the statement "No PCBs" in accordance with §761.40(g) is non-PCB.
(b) PCB concentration may be established by:
(1) Testing the equipment; or
(2)(i) A permanent label, mark, or other documentation from the manufacturer of the equipment indicating its PCB concentration at the time of manufacture; and
(ii) Service records or other documentation indicating the PCB concentration of all fluids used in servicing the equipment since it was first manufactured.
[63 FR 35436, June 29, 1998, as amended at 64 FR 33759, June 24,
1999]
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§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 μg/100 cm 2 but < 100 μg/100 cm 2, measured by a
standard wipe test as defined in §761.123.
PCB-Contaminated Electrical Equipment means any electrical equipment
including, but not limited to, transformers (including those used in railway
locomotives and self-propelled cars), capacitors, circuit breakers, reclosers,
voltage regulators, switches (including sectionalizers and motor starters),
electromagnets, and cable, that contains PCBs at concentrations of ≥ 50 ppm and
< 500 ppm in the contaminating fluid. In the absence of liquids, electrical
equipment is PCB-Contaminated if it has PCBs at > 10 μg/100 cm 2
and < 100 μg/100 cm 2 as measured by a standard wipe test (as
defined in §761.123) of a non-porous surface.
PCB Equipment means any manufactured item, other than a PCB Container
or a PCB Article Container, which contains a PCB Article or other PCB Equipment,
and includes microwave ovens, electronic equipment, and fluorescent light
ballasts and fixtures.
PCB field screening test means a portable analytical device or kit
which measures PCBs. PCB field screening tests usually report less than or
greater than a specific numerical PCB concentration. These tests normally build
in a safety factor which increases the probability of a false positive report
and decreases the probability of a false negative report. PCB field screening
tests do not usually provide: an identity record generated by an instrument; a
quantitative comparison record from calibration standards; any identification of
PCBs; and/or any indication or identification of interferences with the
measurement of the PCBs. PCB field screening test technologies include, but are
not limited to, total chlorine colorimetric tests, total chlorine x-ray
fluorescence tests, total chlorine microcoulometric tests, and rapid immunoassay
tests.
PCB household waste means PCB waste that is generated by residents on
the premises of a temporary or permanent residence for individuals (including
individually owned or rented units of a multi-unit construction), and that is
composed primarily of materials found in wastes generated by consumers in their
homes. PCB household waste includes unwanted or discarded non-commercial
vehicles (prior to shredding), household items, and appliances or appliance
parts and wastes generated on the premises of a residence for individuals as a
result of routine household maintenance by or on behalf of the resident. Bulk or
commingled liquid PCB wastes at concentrations of ≥50 ppm, demolition and
renovation wastes, and industrial or heavy duty equipment with PCBs are not
household wastes.
PCB Item means any PCB Article, PCB Article Container, PCB Container,
PCB Equipment, or anything that deliberately or unintentionally contains or has
as a part of it any PCB or PCBs.
PCB/radioactive waste means PCBs regulated for disposal under subpart
D of this part that also contain source, special nuclear, or byproduct material
subject to regulation under the Atomic Energy Act of 1954, as amended, or
naturally-occurring or accelerator-produced radioactive material.
PCB remediation waste means waste containing PCBs as a result of a
spill, release, or other unauthorized disposal, at the following concentrations:
Materials disposed of prior to April 18, 1978, that are currently at
concentrations ≥50 ppm PCBs, regardless of the concentration of the original
spill; materials which are currently at any volume or concentration where the
original source was ≥500 ppm PCBs beginning on April 18, 1978, or ≥50 ppm PCBs
beginning on July 2, 1979; and materials which are currently at any
concentration if the PCBs are spilled or released from a source not authorized
for use under this part. PCB remediation waste means soil, rags, and other
debris generated as a result of any PCB spill cleanup, including, but not
limited to:
(1) Environmental media containing PCBs, such as soil and gravel; dredged
materials, such as sediments, settled sediment fines, and aqueous decantate from
sediment.
(2) Sewage sludge containing < 50 ppm PCBs and not in use according to
§761.20(a)(4); PCB sewage sludge; commercial or industrial sludge contaminated
as the result of a spill of PCBs including sludges located in or removed from
any pollution control device; aqueous decantate from an industrial sludge.
(3) Buildings and other man-made structures (such as concrete floors, wood
floors, or walls contaminated from a leaking PCB or PCB-Contaminated
Transformer), porous surfaces, and non-porous surfaces.
PCB sewage sludge means sewage sludge as defined in 40 CFR 503.9(w)
which contains ≥50 ppm PCBs, as measured on a dry weight basis.
PCB Transformer means any transformer that contains ≥500 ppm PCBs. For
PCB concentration assumptions applicable to transformers containing 1.36
kilograms (3 lbs.) or more of fluid other than mineral oil, see §761.2. For
provisions permitting reclassification of electrical equipment, including PCB
Transformers, containing ≥500 ppm PCBs to PCB-Contaminated Electrical Equipment,
see §761.30(a) and (h).
PCB waste(s) means those PCBs and PCB Items that are subject to the
disposal requirements of subpart D of this part.
Performance-based organic decontamination fluid (PODF) means kerosene,
diesel fuel, terpene hydrocarbons, and terpene hydrocarbon/alcohol mixtures.
Person means any natural or judicial person including any individual,
corporation, partnership, or association; any State or political subdivision
thereof; any interstate body; and any department, agency, or instrumentality of
the Federal Government.
Porous surface means any surface that allows PCBs to penetrate or pass
into itself including, but not limited to, paint or coating on metal; corroded
metal; fibrous glass or glass wool; unglazed ceramics; ceramics with a porous
glaze; porous building stone such as sandstone, travertine, limestone, or coral
rock; low-density plastics such as styrofoam and low-density polyethylene;
coated (varnished or painted) or uncoated wood; concrete or cement; plaster;
plasterboard; wallboard; rubber; fiberboard; chipboard; asphalt; or tar paper.
For purposes of cleaning and disposing of PCB remediation waste, porous surfaces
have different requirements than non-porous surfaces.
Posing an exposure risk to food or feed means being in any location
where human food or animal feed products could be exposed to PCBs released from
a PCB Item. A PCB Item poses an exposure risk to food or feed if PCBs released
in any way from the PCB Item have a potential pathway to human food or animal
feed. EPA considers human food or animal feed to include items regulated by the
U.S. Department of Agriculture or the Food and Drug Administration as human food
or animal feed; this includes direct additives. Food or feed is excluded from
this definition if it is used or stored in private homes.
Process means the preparation of a chemical substance or mixture,
after its manufacture, for distribution in commerce:
(1) In the same form or physical state as, or in a different form or physical
state from, that in which it was received by the person so preparing such
substance or mixture, or
(2) As part of an article containing the chemical substance or mixture.
Qualified incinerator means one of the following:
(1) An incinerator approved under the provisions of §761.70. Any level of PCB
concentration can be destroyed in an incinerator approved under §761.70.
(2) A high efficiency boiler which complies with the criteria of
§761.71(a)(1), and for which the operator has given written notice to the
appropriate EPA Regional Administrator in accordance with the notification
requirements for the burning of mineral oil dielectric fluid under
§761.71(a)(2).
(3) An incinerator approved under section 3005(c) of the Resource
Conservation and Recovery Act (42 U.S.C. 6925(c)) (RCRA).
(4) Industrial furnaces and boilers which are identified in 40 CFR 260.10 and
40 CFR 279.61 (a)(1) and (2) when operating at their normal operating
temperatures (this prohibits feeding fluids, above the level of detection,
during either startup or shutdown operations).
Quantifiable Level/Level of Detection means 2 micrograms per gram from
any resolvable gas chromatographic peak, i.e. 2 ppm.
RCRA means the Resource Conservation and Recovery Act (40 U.S.C. 6901
et seq.).
Recycled PCBs means those PCBs which appear in the processing of paper
products or asphalt roofing materials from PCB-contaminated raw materials.
Processes which recycle PCBs must meet the following requirements:
(1) There are no detectable concentrations of PCBs in asphalt roofing
material products leaving the processing site.
(2) The concentration of PCBs in paper products leaving any manufacturing
site processing paper products, or in paper products imported into the United
States, must have an annual average of less than 25 ppm with a 50 ppm maximum.
(3) The release of PCBs at the point at which emissions are vented to ambient
air must be less than 10 ppm.
(4) The amount of Aroclor PCBs added to water discharged from an asphalt
roofing processing site must at all times be less than 3 micrograms per liter
(μg/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 (μg/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] (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. [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] Except as authorized in §761.30, the activities listed in paragraphs (a) and
(d) of this section are prohibited pursuant to section 6(e)(2) of TSCA. The
requirements set forth in paragraph (c) of this section and subpart F of this
part concerning export and import of PCBs and PCB Items for disposal are
established pursuant to section 6(e)(1) of TSCA. Subject to any exemptions
granted pursuant to section 6(e)(3)(B) of TSCA, the activities listed in
paragraphs (b) and (c) of this section are prohibited pursuant to section
(6)(e)(3)(A) of TSCA. In addition, the Administrator hereby finds, under the
authority of section 12(a)(2) of TSCA, that the manufacture, processing, and
distribution in commerce of PCBs at concentrations of 50 ppm or greater and PCB
Items with PCB concentrations of 50 ppm or greater present an unreasonable risk
of injury to health within the United States. This finding is based upon the
well-documented human health and environmental hazard of PCB exposure, the high
probability of human and environmental exposure to PCBs and PCB Items from
manufacturing, processing, or distribution activities; the potential hazard of
PCB exposure posed by the transportation of PCBs or PCB Items within the United
States; and the evidence that contamination of the environment by PCBs is spread
far beyond the areas where they are used. In addition, the Administrator hereby
finds, for purposes of section 6(e)(2)(C) of TSCA, that any exposure of human
beings or the environment to PCBs, as measured or detected by any scientifically
acceptable analytical method, may be significant, depending on such factors as
the quantity of PCBs involved in the exposure, the likelihood of exposure to
humans and the environment, and the effect of exposure. For purposes of
determining which PCB Items are totally enclosed, pursuant to section 6(e)(2)(C)
of TSCA, since exposure to such Items may be significant, the Administrator
further finds that a totally enclosed manner is a manner which results in no
exposure to humans or the environment to PCBs. The following activities are
considered totally enclosed: distribution in commerce of intact, nonleaking
electrical equipment such as transformers (including transformers used in
railway locomotives and self-propelled cars), capacitors, electromagnets,
voltage regulators, switches (including sectionalizers and motor starters),
circuit breakers, reclosers, and cable that contain PCBs at any concentration
and processing and distribution in commerce of PCB Equipment containing an
intact, nonleaking PCB Capacitor. See paragraph (c)(1) of this section for
provisions allowing the distribution in commerce of PCBs and PCB Items.
(a) No persons may use any PCB, or any PCB Item regardless of concentration,
in any manner other than in a totally enclosed manner within the United States
unless authorized under §761.30, except that:
(1) An authorization is not required to use those PCBs or PCB Items which
consist of excluded PCB products as defined in §761.3.
(2) An authorization is not required to use those PCBs or PCB Items resulting
from an excluded manufacturing process or recycled PCBs as defined in §761.3,
provided all applicable conditions of §761.1(f) are met.
(3) An authorization is not required to use those PCB Items which contain or
whose surfaces have been in contact with excluded PCB products as defined in
§761.3.
(4) An authorization is not required to use sewage sludge where the uses are
regulated at parts 257, 258, and 503 of this chapter. No person may blend or
otherwise dilute PCBs regulated for disposal, including PCB sewage sludge and
sewage sludge not used pursuant to parts 257, 258, and 503 of this chapter, for
purposes of use or to avoid disposal requirements under this part. Except as
explicitly provided in subpart D of this part, no person may dispose of
regulated PCB wastes including, but not limited to, PCB remediation waste, PCB
bulk product waste, PCBs, and PCB industrial sludges, into treatment works, as
defined in §503.9(aa) of this chapter.
(b) No person may manufacture PCBs for use within the United States or
manufacture PCBs for export from the United States without an exemption, except
that: an exemption is not required for PCBs manufactured in an excluded
manufacturing process as defined in §761.3, provided all applicable conditions
of §761.1(f) are met.
(c) No persons may process or distribute in commerce any PCB, or any PCB Item
regardless of concentration, for use within the United States or for export from
the United States without an exemption, except that an exemption is not required
to process or distribute in commerce PCBs or PCB Items resulting from an
excluded manufacturing process as defined in §761.3, or to process or distribute
in commerce recycled PCBs as defined in §761.3, or to process or distribute in
commerce excluded PCB products as defined in §761.3, provided that all
applicable conditions of §761.1(f) are met. In addition, the activities
described in paragraphs (c) (1) through (5) of this section may also be
conducted without an exemption, under the conditions specified therein.
(1) PCBs at concentrations of 50 ppm or greater, or PCB Items with PCB
concentrations of 50 ppm or greater, sold before July 1, 1979 for purposes other
than resale may be distributed in commerce only in a totally enclosed manner
after that date.
(2) Any person may process and distribute in commerce for disposal PCBs at
concentrations of ≥50 ppm, or PCB Items with PCB concentrations of ≥50 ppm, if
they comply with the applicable provisions of this part.
(i) Processing activities which are primarily associated with and facilitate
storage or transportation for disposal do not require a TSCA PCB storage or
disposal approval.
(ii) Processing activities which are primarily associated with and facilitate
treatment, as defined in §260.10 of this chapter, or disposal require a TSCA PCB
disposal approval unless they are part of an existing approval, are part of a
self-implementing activity under §761.61(a) or §761.79 (b) or (c), or are
otherwise specifically allowed under subpart D of this part.
(iii) With the exception of provisions in §761.60 (a)(2) and (a)(3), in order
to meet the intent of §761.1(b), processing, diluting, or otherwise blending of
waste prior to being introduced into a disposal unit for purposes of meeting a
PCB concentration limit shall be done in accordance with a TSCA PCB disposal
approval or comply with the requirements of §761.79.
(iv) Where the rate of delivering liquids or non-liquids into a PCB disposal
unit is an operating parameter, this rate shall be a condition of the TSCA PCB
disposal approval for the unit when an approval is required.
(3) PCBs and PCB Items may be exported for disposal in accordance with the
requirements of subpart F of this part.
(4) PCBs, at concentrations of less than 50 ppm, or PCB Items, with
concentrations of less than 50 ppm, may be processed and distributed in commerce
for purposes of disposal.
(5) Decontaminated materials. Any person may distribute in commerce
equipment, structures, or other liquid or non-liquid materials that were
contaminated with PCBs ≥50 ppm, including those not otherwise authorized for
distribution in commerce under this part, provided that one of the following
applies:
(i) The materials were decontaminated in accordance with a TSCA PCB disposal
approval issued under subpart D of this part, with §761.79, or with applicable
EPA PCB spill cleanup policies in effect at the time of the decontamination.
(ii) If not previously decontaminated, the materials now meet an applicable
decontamination standard in §761.79(b).
(d) The use of waste oil that contains any detectable concentration of PCB as
a sealant, coating, or dust control agent is prohibited. Prohibited uses
include, but are not limited to, road oiling, general dust control, use as a
pesticide or herbicide carrier, and use as a rust preventative on pipes.
(e) In addition to any applicable requirements under 40 CFR part 279,
subparts G and H, marketers and burners of used oil who market (process or
distribute in commerce) for energy recovery, used oil containing any
quantifiable level of PCBs are subject to the following requirements:
(1) Restrictions on marketing. Used oil containing any quantifiable
level of PCBs (2 ppm) may be marketed only to:
(i) Qualified incinerators as defined in 40 CFR 761.3.
(ii) Marketers who market off-specification used oil for energy recovery only
to other marketers who have notified EPA of their used oil management
activities, and who have an EPA identification number where an identification
number is required by 40 CFR 279.73. This would include persons who market
off-specification used oil who are subject to the requirements at 40 CFR part
279 and the notification requirements of 40 CFR 279.73.
(iii) Burners identified in 40 CFR 279.61(a)(1) and (2). Only burners in the
automotive industry may burn used oil generated from automotive sources in used
oil-fired space heaters provided the provisions of 40 CFR 279.23 are met. The
Regional Administrator may grant a variance for a boiler that does not meet the
40 CFR 279.61(a)(1) and (2) criteria after considering the criteria listed in 40
CFR 260.32 (a) through (f). The applicant must address the relevant criteria
contained in 40 CFR 260.32 (a) through (f) in an application to the Regional
Administrator.
(2) Testing of used oil fuel. Used oil to be burned for energy
recovery is presumed to contain quantifiable levels (2 ppm) of PCB unless the
marketer obtains analyses (testing) or other information that the used oil fuel
does not contain quantifiable levels of PCBs.
(i) The person who first claims that a used oil fuel does not contain
quantifiable level (2 ppm) PCB must obtain analyses or other information to
support that claim.
(ii) Testing to determine the PCB concentration in used oil may be conducted
on individual samples, or in accordance with the testing procedures described in
§761.60(g)(2). However, for purposes of this part, if any PCBs at a
concentration of 50 ppm or greater have been added to the container or
equipment, then the total container contents must be considered as having a PCB
concentration of 50 ppm or greater for purposes of complying with the disposal
requirements of this part.
(iii) Other information documenting that the used oil fuel does not contain
quantifiable levels (2 ppm) of PCBs may consist of either personal, special
knowledge of the source and composition of the used oil, or a certification from
the person generating the used oil claiming that the oil contains no detectable
PCBs.
(3) Restrictions on burning. (i) Used oil containing any quantifiable
levels of PCB may be burned for energy recovery only in the combustion
facilities identified in paragraph (e)(1) of this section when such facilities
are operating at normal operating temperatures (this prohibits feeding these
fuels during either startup or shutdown operations). Owners and operators of
such facilities are "burners" of used oil fuels.
(ii) Before a burner accepts from a marketer the first shipment of used oil
fuel containing detectable PCBs (2 ppm), the burner must provide the marketer a
one-time written and signed notice certifying that:
(A) The burner has complied with any notification requirements applicable to
"qualified incinerators" (§761.3) or to "burners" regulated under 40 CFR part
279, subpart G.
(B) The burner will burn the used oil only in a combustion facility
identified in paragraph (e)(1) of this section and identify the class of burner
he qualifies.
(4) Recordkeeping requirements. The following recordkeeping
requirements are in addition to the recordkeeping requirements for marketers
found in 40 CFR 279.72(b), 279.74(a), (b) and (c), and 279.75, and for burners
found in 40 CFR 279.65 and 279.66.
(i) Marketers. Marketers who first claim that the used oil fuel
contains no detectable PCBs must include among the records required by 40 CFR
279.72(b) and 279.74(b) and (c), copies of the analysis or other information
documenting his claim, and he must include among the records required by 40 CFR
279.74(a) and (c) and 279.75, a copy of each certification notice received or
prepared relating to transactions involving PCB-containing used oil.
(ii) Burners. Burners must include among the records required by 40
CFR 279.65 and 279.66, a copy of each certification notice required by paragraph
(e)(3)(ii) of this section that he sends to a marketer. (Sec. 6, Pub. L.
94-469, 90 Stat. 2020, (15 U.S.C. 2605) [44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982,
and amended at 49 FR 25241, June 20, 1984; 49 FR 28190, July 10, 1984; 49 FR
44638, Nov. 8, 1984; 53 FR 12524, Apr. 15, 1988; 53 FR 24220, June 27, 1988; 58
FR 15435, Mar. 23, 1993; 58 FR 34205, June 23, 1993; 60 FR 34465, July 3, 1995;
61 FR 11106, Mar. 18, 1996; 63 FR 35439, June 29, 1998; 64 FR 33760, June 24,
1999] The following non-totally enclosed PCB activities are authorized pursuant to
section 6(e)(2)(B) of TSCA:
(a) Use in and servicing of transformers (other than railroad
transformers). PCBs at any concentration may be used in transformers (other
than in railroad locomotives and self-propelled railroad cars) and may be used
for purposes of servicing including rebuilding these transformers for the
remainder of their useful lives, subject to the following conditions:
(1) Use conditions. (i) As of October 1, 1985, the use and storage for
reuse of PCB Transformers that pose an exposure risk to food or feed is
prohibited.
(ii) As of October 1, 1990, the use of network PCB Transformers with higher
secondary voltages (secondary voltages equal to or greater than 480 volts,
including 480/277 volt systems) in or near commercial buildings is prohibited.
Network PCB Transformers with higher secondary voltages which are removed from
service in accordance with this requirement must either be reclassified to PCB
Contaminated or non PCB status, placed into storage for disposal, or disposed.
(iii) Except as otherwise provided, as of October 1, 1985, the installation
of PCB Transformers, which have been placed into storage for reuse or which have
been removed from another location, in or near commercial buildings is
prohibited.
(A) Retrofilled mineral oil PCB Transformers may be installed for
reclassification purposes indefinitely after October 1, 1990.
(B) Once a retrofilled transformer has been installed for reclassification
purposes, it must be tested 3 months after installation to ascertain the
concentration of PCBs. If the PCB concentration is below 50 ppm, the transformer
can be reclassified as a non-PCB Transformer. If the PCB concentration is
between 50 and 500 ppm, the transformer can be reclassified as a
PCB-Contaminated transformer. If the PCB concentration remains at 500 ppm or
greater, the entire process must either be repeated until the transformer has
been reclassified to a non-PCB or PCB-Contaminated transformer in accordance
with paragraph (a)(2)(v) of this section or the transformer must be removed from
service.
(iv) As of October 1, 1990, all higher secondary voltage radial PCB
Transformers, in use in or near commercial buildings, and lower secondary
voltage network PCB Transformers not located in sidewalk vaults in or near
commercial buildings (network transformers with secondary voltages below 480
volts) that have not been removed from service as provided in paragraph
(a)(1)(iv)(B) of this section, must be equipped with electrical protection to
avoid transformer ruptures caused by high current faults. As of February 25,
1991, all lower secondary voltage radial PCB Transformers, in use in or near
commercial buildings, must be equipped with electrical protection to avoid
transformer ruptures caused by high current faults.
(A) Current-limiting fuses or other equivalent technology must be used to
detect sustained high current faults and provide for the complete deenergization
of the transformer (within several hundredths of a second in the case of higher
secondary voltage radial PCB Transformers and within tenths of a second in the
case of lower secondary voltage network PCB Transformers), before transformer
rupture occurs. Lower secondary voltage radial PCB Transformers must be equipped
with electrical protection as provided in paragraph (a)(1)(iv)(E) of this
section. The installation, setting, and maintenance of current-limiting fuses or
other equivalent technology to avoid PCB Transformer ruptures from sustained
high current faults must be completed in accordance with good engineering
practices.
(B) All lower secondary voltage network PCB Transformers not located in
sidewalk vaults (network transformers with secondary voltages below 480 volts),
in use in or near commercial buildings, which have not been protected as
specified in paragraph (a)(1)(iv)(A) of this section by October 1, 1990, must be
removed from service by October 1, 1993.
(C) As of October 1, 1990, owners of lower secondary voltage network PCB
Transformers, in use in or near commercial buildings which have not been
protected as specified in paragraph (a)(1)(iv)(A) of this section and which are
not located in sidewalk vaults, must register in writing those transformers with
the EPA Regional Administrator in the appropriate region. The information
required to be provided in writing to the Regional Administrator includes:
(1) The specific location of the PCB Transformer(s).
(2) The address(es) of the building(s) and the physical location of
the PCB Transformer(s) on the building site(s).
(3) The identification number(s) of the PCB Transformer(s).
(D) As of October 1, 1993, all lower secondary voltage network PCB
Transformers located in sidewalk vaults (network transformers with secondary
voltages below 480 volts) in use near commercial buildings must be removed from
service.
(E) As of February 25, 1991, all lower secondary voltage radial PCB
Transformers must be equipped with electrical protection, such as
current-limiting fuses or other equivalent technology, to detect sustained high
current faults and provide for the complete deenergization of the transformer or
complete deenergization of the faulted phase of the transformer within several
hundredths of a second. The installation, setting, and maintenance of
current-limiting fuses or other equivalent technology to avoid PCB Transformer
ruptures from sustained high current faults must be completed in accordance with
good engineering practices.
(v) As of October 1, 1990, all radial PCB Transformers with higher secondary
voltages (480 volts and above, including 480/277 volt systems) in use in or near
commercial buildings must, in addition to the requirements of paragraph
(a)(1)(iv)(A) of this section, be equipped with protection to avoid transformer
ruptures caused by sustained low current faults.
(A) Pressure and temperature sensors (or other equivalent technology which
has been demonstrated to be effective in early detection of sustained low
current faults) must be used in these transformers to detect sustained low
current faults.
(B) Disconnect equipment must be provided to insure complete deenergization
of the transformer in the event of a sensed abnormal condition (e.g., an
overpressure or overtemperature condition in the transformer), caused by a
sustained low current fault. The disconnect equipment must be configured to
operate automatically within 30 seconds to 1 minute of the receipt of a signal
indicating an abnormal condition from a sustained low current fault, or can be
configured to allow for manual deenergization from a manned on-site control
center upon the receipt of an audio or visual signal indicating an abnormal
condition caused by a sustained low current fault. Manual deenergization from a
manned on-site control center must occur within 1 minute of the receipt of the
audio or visual signal indicating an abnormal condition caused by a sustained
low current fault. If automatic operation is selected and a circuit breaker is
utilized for disconnection, it must also have the capability to be manually
opened if necessary.
(C) The enhanced electrical protective system required for the detection of
sustained low current faults and the complete and rapid deenergization of
transformers must be properly installed, maintained, and set sensitive enough
(in accordance with good engineering practices) to detect sustained low current
faults and allow for rapid and total deenergization prior to PCB Transformer
rupture (either violent or non violent rupture) and release of PCBs.
(vi)(A) No later than December 28, 1998 all owners of PCB Transformers,
including those in storage for reuse, must register their transformers with the
Environmental Protection Agency, National Program Chemicals Division, Office of
Pollution Prevention and Toxics (7404), 1200 Pennsylvania Ave., NW., Washington,
DC 20460. This registration requirement is subject to the limitations in
paragraph (a)(1) of this section.
(1) A transformer owner who assumes a transformer is a
PCB-Contaminated transformer, and discovers after December 28, 1998 that it is a
PCB-Transformer, must register the newly-identified PCB Transformer, in writing,
with the Environmental Protection Agency no later than 30 days after it is
identified as such. This requirement does not apply to transformer owners who
have previously registered with the EPA PCB Transformers located at the same
address as the transformer that they assumed to be PCB-Contaminated and later
determined to be a PCB Transformer.
(2) A person who takes possession of a PCB Transformer after December
28, 1998 is not required to register or re-register the transformer with the
EPA.
(B) Any person submitting a registration under this section must include:
(1) Company name and address.
(2) Contact name and telephone number.
(3) Address where these transformers are located. For mobile sources
such as ships, provide the name of the ship.
(4) Number of PCB Transformers and the total weight in kilograms of
PCBs contained in the transformers.
(5) Whether any transformers at this location contain flammable
dielectric fluid (optional).
(6) Signature of the owner, operator, or other authorized
representative certifying the accuracy of the information submitted.
(C) A transformer owner must retain a record of each PCB Transformer's
registration (e.g., a copy of the registration and the return receipt signed by
EPA) with the inspection and maintenance records required for each PCB
Transformer under paragraph (a)(1)(xii)(I) of this section.
(D) A transformer owner must comply with all requirements of paragraph
(a)(1)(vi)(A) of this section to continue the PCB-Transformer's authorization
for use, or storage for reuse, pursuant to this section and TSCA section
6(e)(2)(B).
(vii) As of December 1, 1985, PCB Transformers in use in or near commercial
buildings must be registered with building owners. For PCB Transformers located
in commercial buildings, PCB Transformer owners must register the transformers
with the building owner of record. For PCB Transformers located near commercial
buildings, PCB Transformer owners must register the transformers with all owners
of buildings located within 30 meters of the PCB Transformer(s). Information
required to be provided to building owners by PCB Transformer owners includes
but is not limited to:
(A) The specific location of the PCB Transformer(s).
(B) The principal constituent of the dielectric fluid in the transformer(s)
(e.g., PCBs, mineral oil, or silicone oil).
(C) The type of transformer installation (e.g., 208/120 volt network, 208/120
volt radial, 208 volt radial, 480 volt network, 480/277 volt network, 480 volt
radial, 480/277 volt radial).
(viii) As of December 1, 1985, combustible materials, including, but not
limited to paints, solvents, plastics, paper, and sawn wood must not be stored
within a PCB Transformer enclosure (i.e., in a transformer vault or in a
partitioned area housing a transformer); within 5 meters of a transformer
enclosure, or, if unenclosed (unpartitioned), within 5 meters of a PCB
Transformer.
(ix) A visual inspection of each PCB Transformer (as defined in the
definition of "PCB Transformer" under §761.3) in use or stored for reuse shall
be performed at least once every 3 months. These inspections may take place any
time during the 3-month periods: January-March, April-June, July-September, and
October-December as long as there is a minimum of 30 days between inspections.
The visual inspection must include investigation for any leak of dielectric
fluid on or around the transformer. The extent of the visual inspections will
depend on the physical constraints of each transformer installation and should
not require an electrical shutdown of the transformer being inspected.
(x) If a PCB Transformer is found to have a leak which results in any
quantity of PCBs running off or about to run off the external surface of the
transformer, then the transformer must be repaired or replaced to eliminate the
source of the leak. In all cases any leaking material must be cleaned up and
properly disposed of according to disposal requirements of subpart D of this
part. Cleanup of the released PCBs must be initiated as soon as possible, but in
no case later than 48 hours of its discovery. Until appropriate action is
completed, any active leak of PCBs must be contained to prevent exposure of
humans or the environment and inspected daily to verify containment of the leak.
Trenches, dikes, buckets, and pans are examples of proper containment measures.
(xi) If a PCB Transformer is involved in a fire-related incident, the owner
of the transformer must immediately report the incident to the National Response
Center (toll-free 1-800-424-8802; in Washington, DC 202-426-2675). A
fire-related incident is defined as any incident involving a PCB Transformer
which involves the generation of sufficient heat and/or pressure (by any source)
to result in the violent or non-violent rupture of a PCB Transformer and the
release of PCBs. Information must be provided regarding the type of PCB
Transformer installation involved in the fire-related incident (e.g., high or
low secondary voltage network transformer, high or low secondary voltage simple
radial system, expanded radial system, primary selective system, primary loop
system, or secondary selective system or other systems) and the readily
ascertainable cause of the fire-related incident (e.g., high current fault in
the primary or secondary or low current fault in secondary). The owner of the
PCB Transformer must also take measures as soon as practically and safely
possible to contain and control any potential releases of PCBs and incomplete
combustion products into water. These measures include, but are not limited to:
(A) The blocking of all floor drains in the vicinity of the transformer.
(B) The containment of water runoff.
(C) The control and treatment (prior to release) of any water used in
subsequent cleanup operations.
(xii) Records of inspection and maintenance history shall be maintained at
least 3 years after disposing of the transformer and shall be made available for
inspection, upon request by EPA. Such records shall contain the following
information for each PCB Transformer:
(A) Its location.
(B) The date of each visual inspection and the date that leak was discovered,
if different from the inspection date.
(C) The person performing the inspection.
(D) The location of any leak(s).
(E) An estimate of the amount of dielectric fluid released from any leak.
(F) The date of any cleanup, containment, repair, or replacement.
(G) A description of any cleanup, containment, or repair performed.
(H) The results of any containment and daily inspection required for
uncorrected active leaks.
(I) Record of the registration of PCB Transformer(s).
(J) Records of transfer of ownership in compliance with §761.180(a)(2)(ix).
(xiii) A reduced visual inspection frequency of at least once every 12 months
applies to PCB Transformers that utilize either of the following risk reduction
measures. These inspections may take place any time during the calendar year as
long as there is a minimum of 180 days between inspections.
(A) A PCB Transformer which has impervious, undrained, secondary containment
capacity of at least 100 percent of the total dielectric fluid volume of all
transformers so contained or
(B) A PCB Transformer which has been tested and found to contain less than
60,000 ppm PCBs (after 3 months of in service use if the transformer has been
serviced for purposes of reducing the PCB concentration).
(xiv) An increased visual inspection frequency of at least once every week
applies to any PCB Transformer in use or stored for reuse which poses an
exposure risk to food or feed. The user of a PCB Transformer posing an exposure
risk to food is responsible for the inspection, recordkeeping, and maintenance
requirements under this section until the user notifies the owner that the
transformer may pose an exposure risk to food or feed. Following such
notification, it is the owner's ultimate responsibility to determine whether the
PCB Transformer poses an exposure risk to food or feed.
(xv) In the event a mineral oil transformer, assumed to contain less than 500
ppm of PCBs as provided in §761.2, is tested and found to be contaminated at 500
ppm or greater PCBs, it will be subject to all the requirements of this Part
761. In addition, efforts must be initiated immediately to bring the transformer
into compliance in accordance with the following schedule:
(A) Report fire-related incidents, effective immediately after discovery.
(B) Mark the PCB transformer within 7 days after discovery.
(C) Mark the vault door, machinery room door, fence, hallway or other means
of access to the PCB Transformer within 7 days after discovery.
(D) Register the PCB Transformer in writing with the building owner within 30
days of discovery.
(E) Install electrical protective equipment on a radial PCB Transformer and a
non-sidewalk vault, lower secondary voltage network PCB Transformer in or near a
commercial building within 18 months of discovery or by October 1, 1990,
whichever is later.
(F) Remove a non-sidewalk vault, lower secondary voltage network PCB
Transformer in or near a commercial building, if electrical protective equipment
is not installed, within 18 months of discovery or by October 1, 1993, whichever
is later.
(G) Remove a lower secondary voltage network PCB Transformer located in a
sidewalk vault in or near a commercial building, within 18 months of discovery
or by October 1, 1993, whichever is later.
(H) Retrofill and reclassify a radial PCB Transformer or a lower or higher
secondary voltage network PCB Transformer, located in other than a sidewalk
vault in or near a commercial building, within 18 months or by October 1, 1990,
whichever is later. This is an option in lieu of installing electrical
protective equipment on a radial or lower secondary voltage network PCB
Transformer located in other than a sidewalk vault or of removing a higher
secondary voltage network PCB Transformer or a lower secondary voltage network
PCB Transformer, located in a sidewalk vault, from service.
(I) Retrofill and reclassify a lower secondary voltage network PCB
Transformer, located in a sidewalk vault, in or near a commercial building
within 18 months or by October 1, 1993, whichever is later. This is an option in
lieu of installing electrical protective equipment or removing the transformer
from service.
(J) Retrofill and reclassify a higher secondary voltage network PCB
Transformer, located in a sidewalk vault, in or near a commercial building
within 18 months or by October 1, 1990, whichever is later. This is an option in
lieu of other requirements.
(2) Servicing conditions. (i) Transformers classified as
PCB-Contaminated Electrical Equipment (as defined in the definition of
"PCB-Contaminated Electrical Equipment" under §761.3) may be serviced (including
rebuilding) only with dielectric fluid containing less than 500 ppm PCB.
(ii) Any servicing (including rebuilding) of PCB Transformers (as defined in
the definition of "PCB Transformer" under §761.3) that requires the removal of
the transformer coil from the transformer casing is prohibited. PCB Transformers
may be serviced (including topping off) with dielectric fluid at any PCB
concentration.
(iii) PCBs removed during any servicing activity must be captured and either
reused as dielectric fluid or disposed of in accordance with the requirements of
§761.60. PCBs from PCB Transformers must not be mixed with or added to
dielectric fluid from PCB-Contaminated Electrical Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids containing less
than 500 ppm PCB that are mixed with fluids that contain 500 ppm or greater PCB
must not be used as dielectric fluid in any electrical equipment. The entire
mixture of dielectric fluid must be considered to be greater than 500 ppm PCB
and must be disposed of in an incinerator that meets the requirements in
§761.70.
(v) You may reclassify a PCB Transformer that has been tested and determined
to have a concentration of ≥500 ppm PCBs to a PCB-Contaminated transformer (≥50
but < 500 ppm) or to a non-PCB transformer (< 50 ppm), and you may
reclassify a PCB-Contaminated transformer that has been tested and determined to
have a concentration of ≥50 ppm but < 500 ppm to a non-PCB transformer, as
follows:
(A) Remove the free-flowing PCB dielectric fluid from the transformer.
Flushing is not required. Either test the fluid or assume it contains ≥1,000 ppm
PCBs. Retrofill the transformer with fluid containing known PCB levels according
to the following table. Determine the transformer's reclassified status
according to the following table (if following this process does not result in
the reclassified status you desire, you may repeat the process): (B) If you discover that the PCB concentration of the fluid in a reclassified
transformer has changed, causing the reclassified status to change, the
transformer is regulated based on the actual concentration of the fluid. For
example, a transformer that was reclassified to non-PCB status is regulated as a
PCB-Contaminated transformer if you discover that the concentration of the fluid
has increased to ≥50 but <500 ppm PCBs. If you discover that the PCB
concentration of the fluid has risen to ≥500 ppm, the transformer is regulated
as a PCB Transformer. Follow paragraphs (a)(1)(xv)(A) through (J) of this
section to come into compliance with the regulations applicable to PCB
Transformers. You also have the option of repeating the reclassification
process.
(C) The Director, National Program Chemicals Division, may, without further
rulemaking, grant approval on a case-by-case basis for the use of alternative
methods to reclassify transformers. You may request an approval by writing to
the Director, National Program Chemicals Division (7404), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Describe
the equipment you plan to reclassify, the alternative reclassification method
you plan to use, and test data or other evidence on the effectiveness of the
method.
(D) You must keep records of the reclassification required by §761.180(g).
(vi) Any dielectric fluid containing 50 ppm or greater PCB used for servicing
transformers must be stored in accordance with the storage for disposal
requirements of §761.65.
(vii) Processing and distribution in commerce of PCBs for purposes of
servicing transformers is permitted only for persons who are granted an
exemption under TSCA 6(e)(3)(B).
(b) Use in and servicing of railroad transformers. PCBs may be used in
transformers in railroad locomotives or railroad self-propelled cars ("railroad
transformers") and may be processed and distributed in commerce for purposes of
servicing these transformers in a manner other than a totally enclosed manner
subject to the following conditions:
(1) Use restrictions. After July 1, 1986, use of railroad transformers
that contain dielectric fluids with a PCB concentration >1,000 ppm is
prohibited.
(2) Servicing restrictions. (i) If the coil is removed from the casing
of a railroad transformer (e.g., the transformer is rebuilt), after January 1,
1982, the railroad transformer may not be refilled with dielectric fluid
containing a PCB concentration greater than 50 ppm;
(ii) After January 1, 1984, railroad transformers may only be serviced with
dielectric fluid containing less than 1000 ppm PCB, except as provided in
paragraph (b)(2)(i) of this section;
(iii) Dielectric fluid may be filtered through activated carbon or otherwise
industrially processed for the purpose of reducing the PCB concentration in the
fluid;
(iv) Any PCB dielectric fluid that is used to service PCB railroad
transformers must be stored in accordance with the storage for disposal
requirements of §761.65;
(v) After July 1, 1979, processing and distribution in commerce of PCBs for
purposes of servicing railroad transformers is permitted only for persons who
are granted an exemption under TSCA section 6(e)(3)(B).
(vi) A PCB Transformer may be converted to a PCB-Contaminated Transformer or
to a non-PCB Transformer by draining, refilling, and/or otherwise servicing the
railroad transformer. In order to reclassify, the railroad transformer's
dielectric fluid must contain less than 500 ppm (for conversion to
PCB-Contaminated Transformer) or less than 50 ppm PCB (for conversion to a
non-PCB Transformer) after a minimum of three months of inservice use subsequent
to the last servicing conducted for the purpose of reducing the PCB
concentration in the transformer.
(c) Use in mining equipment. After January 1, 1982, PCBs may be used
in mining equipment only at a concentration level of <50 ppm.
(d) Use in heat transfer systems. After July 1, 1984, PCBs may be used
in heat transfer systems only at a concentration level of < 50 ppm. Heat
transfer systems that were in operation after July 1, 1984, with a concentration
level of <50 ppm PCBs may be serviced to maintain a concentration level of
<50 ppm PCBs. Heat transfer systems may only be serviced with fluids
containing <50 ppm PCBs.
(e) Use in hydraulic systems. After July 1, 1984, PCBs may be used in
hydraulic systems only at a concentration level of <50 ppm. Hydraulic systems
that were in operation after July 1, 1984, with a concentration level of <50
ppm PCBs may be serviced to maintain a concentration level of <50 ppm PCBs.
Hydraulic systems may only be serviced with fluids containing <50 ppm PCBs.
(f) Use in carbonless copy paper. Carbonless copy paper containing
PCBs may be used in a manner other than a totally enclosed manner indefinitely.
(g) [Reserved]
(h) Use in and servicing of electromagnets, switches and voltage
regulators. PCBs at any concentration may be used in electromagnets,
switches (including sectionalizers and motor starters), and voltage regulators
and may be used for purposes of servicing this equipment (including rebuilding)
for the remainder of their useful lives, subject to the following conditions:
(1) Use conditions. (i) After October 1, 1985, the use and storage for
reuse of any electromagnet which poses an exposure risk to food or feed is
prohibited if the electromagnet contains greater than 500 ppm PCBs.
(ii) Use and storage for reuse of voltage regulators which contain 1.36
kilograms (3 lbs) or more of dielectric fluid with a PCB concentration of ≥500
ppm are subject to the following provisions:
(A) The owner of the voltage regulator must mark its location in accordance
with §761.40.
(B) If a voltage regulator is involved in a fire-related incident, the owner
must immediately report the incident to the National Response Center (Toll-free:
1-800-424-8802; in Washington, DC: 202-426-2675). A fire-related incident is
defined as any incident that involves the generation of sufficient heat and/or
pressure, by any source, to result in the violent or non-violent rupture of the
voltage regulator and the release of PCBs.
(C) The owner of the voltage regulator must inspect it in accordance with the
requirements of paragraphs (a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of this
section that apply to PCB Transformers.
(D) The owner of the voltage regulator must comply with the recordkeeping and
reporting requirements at §761.180.
(iii) The owner of a voltage regulator that assumes it contains <500 ppm
PCBs as provided in §761.2, and discovers by testing that it is contaminated at
≥500 ppm PCBs, must comply with paragraph (h)(1)(ii)(A) of this section 7 days
after the discovery, and paragraphs (h)(1)(ii)(B), (h)(1)(ii)(C), and
(h)(1)(ii)(D) of this section immediately upon discovery.
(2) Servicing conditions. (i) Servicing (including rebuilding) any
electromagnet, switch, or voltage regulator with a PCB concentration of 500 ppm
or greater which requires the removal and rework of the internal components is
prohibited.
(ii) Electromagnets, switches, and voltage regulators classified as
PCB-Contaminated Electrical Equipment (as defined in the definition of
"PCB-Contaminated Electrical Equipment" under §761.3) may be serviced (including
rebuilding) only with dielectric fluid containing less than 500 ppm PCB.
(iii) PCBs removed during any servicing activity must be captured and either
reused as dielectric fluid or disposed of in accordance with the requirements of
§761.60. PCBs from electromagnets switches, and voltage regulators with a PCB
concentration of at least 500 ppm must not be mixed with or added to dielectric
fluid from PCB-Contaminated Electrical Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids containing less
than 500 ppm PCB that are mixed with fluids that contain 500 ppm or greater PCB
must not be used as dielectric fluid in any electrical equipment. The entire
mixture of dielectric fluid must be considered to be greater than 500 ppm PCB
and must be disposed of in an incinerator that meets the requirements of
§761.70.
(v) You may reclassify an electromagnet, switch, or voltage regulator that
has been tested and determined to have a concentration of ≥500 ppm PCBs to
PCB-Contaminated status (≥50 but <500 ppm) or to non-PCB status (<50 ppm),
and you may reclassify a PCB-Contaminated electromagnet, switch, or voltage
regulator that has been tested and determined to have a concentration of ≥50 ppm
but <500 ppm to a non-PCB status, as follows:
(A) Remove the free-flowing PCB dielectric fluid from the electromagnet,
switch, or voltage regulator. Flushing is not required. Either test the fluid or
assume it contains ≥1,000 ppm PCBs. Retrofill the electromagnet, switch, or
voltage regulator with fluid containing known PCB levels according to the
following table. Determine the electromagnet, switch, or voltage regulator's
reclassified status according to the following table (if following this process
does not result in the reclassified status you desire, you may repeat the
process): (B) If you discover that the PCB concentration of the fluid in a reclassified
electromagnet, switch, or voltage regulator has changed, causing the
reclassified status to change, the electromagnet, switch, or voltage regulator
is regulated based on the actual concentration of the fluid. For example, an
electromagnet, switch, or voltage regulator that was reclassified to non-PCB
status is regulated as a PCB-Contaminated electromagnet, switch, or voltage
regulator if you discover that the concentration of the fluid has increased to
≥50 but <500 ppm PCBs. If you discover that the PCB concentration of the
fluid in a voltage regulator has risen to ≥500 ppm, follow paragraph (h)(1)(iii)
of this section to come into compliance with the regulations applicable to
voltage regulators containing ≥500 ppm PCBs. You also have the option of
repeating the reclassification process.
(C) The Director, National Program Chemicals Division may, without further
rulemaking, grant approval on a case-by-case basis for the use of alternative
methods to reclassify electromagnets, switches or voltage regulators. You may
request an approval by writing to the Director, National Program Chemicals
Division (7404), Environmental Protection Agency,1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Describe the equipment you plan to reclassify, the
alternative reclassification method you plan to use, and test data or other
evidence on the effectiveness of the method.
(D) You must keep records of the reclassification required by §761.180(g).
(vi) Any dielectric fluid containing 50 ppm or greater PCB used for servicing
electromagnets, switches, or voltage regulators must be stored in accordance
with the storage for disposal requirements of §761.65.
(vii) Processing and distribution in commerce of PCBs for purposes of
servicing electromagnets, switches or voltage regulators is permitted only for
persons who are granted an exemption under TSCA 6(e)(3)(B).
(i) Use and reuse of PCBs in natural gas pipeline systems; use and reuse
of PCB-Contaminated natural gas pipe and appurtenances. (1)(i) PCBs are
authorized for use in natural gas pipeline systems at concentrations <50 ppm.
(ii) PCBs are authorized for use, at concentrations ≥50 ppm, in natural gas
pipeline systems not owned or operated by a seller or distributor of natural
gas.
(iii)(A) PCBs are authorized for use, at concentrations ≥50 ppm, in natural
gas pipeline systems owned or operated by a seller or distributor of natural
gas, if the owner or operator:
(1) Submits to EPA, upon request, a written description of the general
nature and location of PCBs ≥50 ppm in their natural gas pipeline system. Each
written description shall be submitted to the EPA Regional Administrator having
jurisdiction over the segment or component of the system (or the Director,
National Program Chemicals Division, Office of Prevention, Pesticides, and Toxic
Substances, if the system is contaminated in more than one region).
(2) Within 120 days after discovery of PCBs ≥50 ppm in natural gas
pipeline systems, or by December 28, 1998, whichever is later, characterizes the
extent of PCB contamination by collecting and analyzing samples to identify the
upstream and downstream end points of the segment or component where PCBs ≥50
ppm were discovered.
(3) Within 120 days of characterization of the extent of PCB
contamination, or by December 28, 1998, whichever is later, samples and analyzes
all potential sources of introduction of PCBs into the natural gas pipeline
system for PCBs ≥50 ppm. Potential sources include natural gas compressors,
natural gas scrubbers, natural gas filters, and interconnects where natural gas
is received upstream from the most downstream sampling point where PCBs ≥50 ppm
were detected; potential sources exclude valves, drips, or other small liquid
condensate collection points.
(4) Within 1 year of characterization of the extent of PCB
contamination, reduces all demonstrated sources of PCBs ≥50 ppm to <50 ppm,
or removes such sources from the natural gas pipeline system; or implements
other engineering measures or methods to reduce PCB levels to <50 ppm and to
prevent further introduction of PCBs ≥50 ppm into the natural gas pipeline
system (e.g., pigging, decontamination, in-line filtration).
(5) Repeats sampling and analysis at least annually where PCBs are ≥50
ppm, until sampling results indicate the natural gas pipeline segment or
component is <50 ppm PCB in two successive samples with a minimum interval
between samples of 180 days.
(6) Marks aboveground sources of PCB liquids in natural gas pipeline
systems with the M (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 ≧ 50 ppm 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 M (C) M (2) Removal of a porous surface contaminated with PCBs from its location or
current use is prohibited except for removal for disposal in accordance with
§§761.61 or 761.79 for surfaces contaminated by spills, or §761.62 for
manufactured porous surfaces.
(q) [Reserved]
(r) Use in and servicing of rectifiers. Any person may use PCBs at any
concentration in rectifiers for the remainder of the PCBs' useful life, and may
use PCBs <50 ppm in servicing (including rebuilding) rectifiers.
(s) Use of PCBs in air compressor systems. (1) Any person may use PCBs
in air compressor systems at concentrations <50 ppm.
(2) Any person may use PCBs in air compressor systems (or components thereof)
at concentrations ≥50 ppm provided that:
(i) All free-flowing liquids containing PCBs ≥50 ppm are removed from the air
compressor crankcase and the crankcase is refilled with non-PCB liquid.
(ii) Other air compressor system components contaminated with PCBs ≥50 ppm,
are decontaminated in accordance with §761.79 or disposed of in accordance with
subpart D of this part.
(iii) Air compressor piping with a nominal inside diameter of <2 inches is
decontaminated by continuous flushing for 4 hours, at no <300 gallons per
hour (§761.79 contains solvent requirements).
(3) The requirements in paragraph (s)(2) of this section must be completed by
August 30, 1999 or within 1 year of the date of discovery of PCBs at ≥50 ppm in
the air compressor system, whichever is later. The EPA Regional Administrator
for the EPA Region in which an air compressor system is located may, at his/her
discretion and in writing, extend this timeframe.
(t) Use of PCBs in other gas or liquid transmission systems. (1) PCBs
are authorized for use in intact and non-leaking gas or liquid transmission
systems at concentrations <50 ppm PCBs.
(2) PCBs are authorized for use at concentrations ≥50 ppm in intact and
non-leaking gas or liquid transmission systems not owned or operated by a seller
or distributor of the gas or liquid transmitted in the system.
(3) Any person may use PCBs at concentrations ≥50 ppm in intact and
non-leaking gas or liquid transmission systems, with the written approval of the
Director, National Program Chemicals Division, subject to the requirements
applicable to natural gas pipeline systems at paragraphs (i)(1)(iii)(A),
(i)(1)(iii)(C) through (i)(1)(iii)(E), and (i)(2) through (i)(5) of this
section.
(u) Use of decontaminated materials. (1) Any person may use equipment,
structures, other non-liquid or liquid materials that were contaminated with
PCBs during manufacture, use, servicing, or because of spills from, or proximity
to, PCBs ≥50 ppm, including those not otherwise authorized for use under this
part, provided:
(i) The materials were decontaminated in accordance with:
(A) A TSCA PCB disposal approval issued under subpart D of this part;
(B) Section 761.79; or
(C) Applicable EPA PCB spill cleanup policies (e.g., TSCA, RCRA, CERCLA, EPA
regional) in effect at the time of the decontamination; or
(ii) If not previously decontaminated, the materials now meet an applicable
decontamination standard in §761.79(b).
(2) No person shall use or reuse materials decontaminated in accordance with
paragraph (u)(1)(i) of this section or meeting an applicable decontamination
standard in paragraph (u)(1)(ii) of this section, in direct contact with food,
feed, or drinking water unless otherwise allowed under this section or this
part.
(3) Any person may use water containing PCBs at concentrations ≤0.5μg/L PCBs
without restriction.
(4) Any person may use water containing PCBs at concentrations <200 μg/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] Editorial Note: For FEDERAL REGISTER citations affection §761.30 see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
(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] (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 M (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 M (c) As of January 1, 1979, the following PCB Articles shall be marked with
mark M (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 M (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 M (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 M (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 M (f) Where mark M (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 M (2) A mark other than the M (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 M (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 M (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 M (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 M [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] The following formats shall be used for marking:
(a) Large PCB Mark -- M (b) Small PCB Mark -- M
[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6,
1982] (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 μg/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 μg/100 cm2 if no free-flowing liquids are
present).
(6) Any person storing or disposing of PCBs is also responsible for
determining and complying with all other applicable Federal, State, and local
laws and regulations.
(b) PCB waste. (1) PCB liquids. Any person removing PCB liquids
from use (i.e., not PCB remediation waste) must dispose of them in accordance
with §761.60(a), or decontaminate them in accordance with §761.79.
(2) PCB Items. Any person removing from use a PCB Item containing an
intact and non-leaking PCB Article must dispose of it in accordance with
§761.60(b), or decontaminate it in accordance with §761.79. PCB Items where the
PCB Articles are no longer intact and non-leaking are regulated for disposal as
PCB bulk product waste under §761.62(a) or (c).
(i) Fluorescent light ballasts containing PCBs only in an intact and
non-leaking PCB Small Capacitor are regulated for disposal under
§761.60(b)(2)(ii).
(ii) Fluorescent light ballasts containing PCBs in the potting material are
regulated for disposal as PCB bulk product waste under §761.62.
(3) PCB remediation waste. PCB remediation waste, including PCB sewage
sludge, is regulated for cleanup and disposal in accordance with §761.61.
(i) Any person responsible for PCB waste at as-found concentrations ≥50 ppm
that was either placed in a land disposal facility, spilled, or otherwise
released into the environment prior to April 18, 1978, regardless of the
concentration of the spill or release; or placed in a land disposal facility,
spilled, or otherwise released into the environment on or after April 18, 1978,
but prior to July 2, 1979, where the concentration of the spill or release was
≥50 ppm but < 500 ppm, must dispose of the waste as follows:
(A) Sites containing these wastes are presumed not to present an unreasonable
risk of injury to health or the environment from exposure to PCBs at the site.
However, the EPA Regional Administrator may inform the owner or operator of the
site that there is reason to believe that spills, leaks, or other uncontrolled
releases or discharges, such as leaching, from the site constitute ongoing
disposal that may present an unreasonable risk of injury to health or the
environment from exposure to PCBs at the site, and may require the owner or
operator to generate data necessary to characterize the risk. If after reviewing
any such data, the EPA Regional Administrator makes a finding, that an
unreasonable risk exists, then he or she may direct the owner or operator of the
site to dispose of the PCB remediation waste in accordance with §761.61 such
that an unreasonable risk of injury no longer exists.
(B) Unless directed by the EPA Regional Administrator to dispose of PCB waste
in accordance with paragraph (b)(3)(i)(A) of this section, any person
responsible for PCB waste at as-found concentrations ≥50 ppm that was either
placed in a land disposal facility, spilled, or otherwise released into the
environment prior to April 18, 1978, regardless of the concentration of the
spill or release; or placed in a land disposal facility, spilled, or otherwise
released into the environment on or after April 18, 1978, but prior to July 2,
1979, where the concentration of the spill or release was ≥50 ppm but < 500
ppm, who unilaterally decides to dispose of that waste (for example, to obtain
insurance or to sell the property), is not required to clean up in accordance
with §761.61. Disposal of the PCB remediation waste must comply with §761.61.
However, cleanup of those wastes that is not in complete compliance with §761.61
will not afford the responsible party with relief from the applicable PCB
regulations for that waste.
(ii) Any person responsible for PCB waste at as-found concentrations ≥50 ppm
that was either placed in a land disposal facility, spilled, or otherwise
released into the environment on or after April 18, 1978, but prior to July 2,
1979, where the concentration of the spill or release was ≥500 ppm; or placed in
a land disposal facility, spilled, or otherwise released into the environment on
or after July 2, 1979, where the concentration of the spill or release was ≥50
ppm, must dispose of it in accordance with either of the following:
(A) In accordance with the PCB Spill Cleanup Policy (Policy) at subpart G of
this part, for those PCB remediation wastes that meet the criteria of the
Policy. Consult the Policy for a description of the spills it covers and its
notification and timing requirements.
(B) In accordance with §761.61. Complete compliance with §761.61 does not
create a presumption against enforcement action for penalties for any
unauthorized PCB disposal.
(iii) The owner or operator of a site containing PCB remediation waste has
the burden of proving the date that the waste was placed in a land disposal
facility, spilled, or otherwise released into the environment, and the
concentration of the original spill.
(4) PCB bulk product waste -- (i) General. Any person disposing
of PCB bulk product waste must do so in accordance with §761.62. PCB bulk
product waste, as that term is defined in §761.3, is waste that was ≥50 ppm when
originally removed from service, even if its current PCB concentration is <50
ppm. PCB bulk product waste is regulated for disposal based on the risk from the
waste once disposed of. For waste which is land disposed, the waste is regulated
based on how readily the waste is released from disposal to the environment, in
particular by leaching out from the land disposal unit.
(ii) Metal surfaces in contact with PCBs. Any person disposing of
metal surfaces in contact with PCBs (e.g., painted metal) may use thermal
decontamination procedures in accordance with §761.79(c)(6) (see §761.62(a)(6)).
(5) PCB household waste. Any person storing or disposing of PCB
household waste, as that term is defined in §761.3, must do so in accordance
with §761.63.
(6) PCB research and development waste. Any person disposing of PCB
wastes generated during and as a result of research and development for use
under §761.30(j), or for disposal under §761.60(j), must do so in accordance
with §761.64.
(7) PCB/Radioactive waste. (i) Any person storing PCB/radioactive
waste ≥50 ppm PCBs must do so taking into account both its PCB concentration and
its radioactive properties, except as provided in §761.65(a)(1), (b)(1)(ii), and
(c)(6)(i).
(ii) Any person disposing of PCB/radioactive waste must do so taking into
account both its PCB concentration and its radioactive properties. If, taking
into account only the properties of the PCBs in the waste (and not the
radioactive properties of the waste), the waste meets the requirements for
disposal in a facility permitted, licensed, or registered by a State as a
municipal or non-municipal non-hazardous waste landfill (e.g., PCB bulk product
waste under §761.62(b)(1)), then the person may dispose of the PCB/radioactive
waste, without regard to the PCB component of the waste, on the basis of its
radioactive properties in accordance with all applicable requirements for the
radioactive component of the waste.
(8) Porous surfaces. In most cases a person must dispose of porous
surfaces as materials where PCBs have penetrated far beneath the surface, rather
than a simple surface contamination. Any person disposing of porous surfaces on
which PCBs have been spilled and meeting the definition of PCB remediation waste
at §761.3 must do so in accordance with §761.61. Any person disposing of porous
surfaces which are part of manufactured non-liquid products containing PCBs and
meeting the definition of PCB bulk product waste at §761.3 must do so in
accordance with §761.62. Any person may decontaminate concrete surfaces upon
which PCBs have been spilled in accordance with §761.79(b)(4), if the
decontamination procedure is commenced within 72 hours of the initial spill of
PCBs to the concrete or portion thereof being decontaminated. Any person may
decontaminate porous non-liquid PCBs in contact with non-porous surfaces, such
as underground metal fuel tanks coated with fire retardant resin or pitch, for
purposes of unrestricted use or disposal in a smelter in accordance with
§761.79(b)(3).
(c) Storage for disposal. Any person who holds PCB waste must store it
in accordance with §761.65.
(d) Performance specifications for disposal technologies -- (1)
Incinerators. Any person using an incinerator to dispose of PCBs must use
an incinerator that meets the criteria set forth in §761.70.
(2) High efficiency boilers. Any person using a high efficiency boiler
to dispose of PCBs must use a boiler that meets the criteria set forth in
§761.71.
(3) Scrap metal recovery ovens and smelters. Any person using scrap
metal recovery ovens and smelters to dispose of PCBs must use a device that
meets the criteria set forth in §761.72.
(4) Chemical waste landfills. Any person using a chemical waste
landfill to dispose of PCBs must use a chemical waste landfill that meets the
criteria set forth in §761.75.
(e) TSCA PCB Coordinated Approval. Any person seeking a TSCA PCB
Coordinated Approval must follow the procedures set forth in §761.77.
[63 FR 35444, June 29, 1998, as amended at 64 FR 33760, June 24,
1999] (a) PCB liquids. PCB liquids at concentrations ≥50 ppm must be
disposed of in an incinerator which complies with §761.70, except that PCB
liquids at concentrations ≥50 ppm and <500 ppm may be disposed of as follows:
(1) For mineral oil dielectric fluid, in a high efficiency boiler according
to §761.71(a).
(2) For liquids other than mineral oil dielectric fluid, in a high efficiency
boiler according to §761.71(b).
(3) For liquids from incidental sources, such as precipitation, condensation,
leachate or load separation and are associated with PCB Articles or non-liquid
PCB wastes, in a chemical waste landfill which complies with §761.75 if:
(i) [Reserved]
(ii) Information is provided to or obtained by the owner or operator of the
chemical waste landfill that shows that the liquids do not exceed 500 ppm PCB
and are not an ignitable waste as described in §761.75(b)(8)(iii).
(b) PCB Articles. This paragraph does not authorize disposal that is
otherwise prohibited in §761.20 or elsewhere in this part.
(1) Transformers. (i) PCB Transformers shall be disposed of in
accordance with either of the following:
(A) In an incinerator that complies with §761.70; or
(B) In a chemical waste landfill approved under §761.75; provided that all
free-flowing liquid is removed from the transformer, the transformer is filled
with a solvent, the transformer is allowed to stand for at least 18 continuous
hours, and then the solvent is thoroughly removed. Any person disposing of PCB
liquids that are removed from the transformer (including the dielectric fluid
and all solvents used as a flush), shall do so in an incinerator that complies
with §761.70 of this part, or shall decontaminate them in accordance with
§761.79. Solvents may include kerosene, xylene, toluene, and other solvents in
which PCBs are readily soluble. Any person disposing of these PCB liquids must
ensure that the solvent flushing procedure is conducted in accordance with
applicable safety and health standards as required by Federal or State
regulations.
(ii) [Reserved]
(2) PCB Capacitors. (i) The disposal of any capacitor shall comply
with all requirements of this subpart unless it is known from label or nameplate
information, manufacturer's literature (including documented communications with
the manufacturer), or chemical analysis that the capacitor does not contain
PCBs.
(ii) Any person may dispose of PCB Small Capacitors as municipal solid waste,
unless that person is subject to the requirements of paragraph (b)(2)(iv) of
this section.
(iii) Any PCB Large High or Low Voltage Capacitor which contains 500 ppm or
greater PCBs, owned by any person, shall be disposed of in accordance with
either of the following:
(A) Disposal in an incinerator that complies with §761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill that complies
with §761.75.
(iv) Any person who manufactures or at any time manufactured PCB Capacitors
or PCB Equipment, and acquired the PCB Capacitor in the course of such
manufacturing, shall place the PCB Small Capacitors in a container meeting the
DOT packaging requirements at 49 CFR parts 171 through 180 and dispose of them
in accordance with either of the following:
(A) Disposal in an incinerator which complies with §761.70; or
(B) Until March 1, 1981, disposal in a chemical waste landfill which complies
with §761.75.
(v) Notwithstanding the restrictions imposed by paragraph (b)(2)(iii)(B) or
(b)(2)(iv)(B) of this section, PCB capacitors may be disposed of in PCB chemical
waste landfills that comply with §761.75 subsequent to March 1, 1981, if the
Assistant Administrator for Prevention, Pesticides and Toxic Substances
publishes a notice in the FEDERAL REGISTER declaring that those landfills are
available for such disposal and explaining the reasons for the extension or
reopening. An extension or reopening for disposal of PCB capacitors that is
granted under this subsection shall be subject to such terms and conditions as
the Assistant Administrator may prescribe and shall be in effect for such period
as the Assistant Administrator may prescribe. The Assistant Administrator may
permit disposal of PCB capacitors in EPA approved chemical waste landfills after
March 1, 1981, if in his opinion,
(A) Adequate incineration capability for PCB capacitors is not available, or
(B) The incineration of PCB capacitors will significantly interfere with the
incineration of liquid PCBs, or
(C) There is other good cause shown.
As part of this evaluation, the Assistant Administrator will consider the
impact of his action on the incentives to construct or expand PCB incinerators.
(vi) Any person disposing of large PCB capacitors or small PCB capacitors
described in paragraph (b)(2)(iv) of this section in a chemical waste landfill
approved under §761.75, shall first place them in a container meeting the DOT
packaging requirements at 49 CFR parts 171 through 180. In all cases, the person
must fill the interstitial space in the container with sufficient absorbent
material (such as soil) to absorb any liquid PCBs remaining in the capacitors.
(3) PCB hydraulic machines. (i) Any person disposing of PCB hydraulic
machines containing PCBs at concentrations of ≥50 ppm, such as die casting
machines, shall do so by one of the following methods:
(A) In accordance with §761.79.
(B) In a facility which is permitted, licensed, or registered by a State to
manage municipal solid waste subject to part 258 of this chapter or
non-municipal non-hazardous waste subject to §§257.5 through 257.30 of this
chapter, as applicable (excluding thermal treatment units).
(C) In a scrap metal recovery oven or smelter operating in compliance with
§761.72.
(D) In a disposal facility approved under this part.
(ii) All free-flowing liquid must be removed from each machine and the liquid
must be disposed of in accordance with the provisions of paragraph (a) of this
section. If the PCB liquid contains ≥1,000 ppm PCB, then the hydraulic machine
must be decontaminated in accordance with §761.79 or flushed prior to disposal
with a solvent listed at paragraph (b)(1)(i)(B) of this section which contains
<50 ppm PCB. The solvent must be disposed of in accordance with paragraph (a)
of this section or §761.79.
(4) PCB-Contaminated Electrical Equipment. Any person disposing of
PCB-Contaminated Electrical Equipment, except capacitors, shall do so in
accordance with paragraph (b)(6)(ii)(A) of this section. Any person disposing of
Large Capacitors that contain ≥50 ppm but < 500 ppm PCBs shall do so in a
disposal facility approved under this part.
(5) Natural gas pipeline systems containing PCBs. The owner or
operator of natural gas pipeline systems containing ≥50 ppm PCBs, when no longer
in use, shall dispose of the system either by abandonment in place of the pipe
under paragraph (b)(5)(i) of this section or removal with subsequent action
under paragraph (b)(5)(ii) of this section. Any person determining the PCB
concentrations in natural gas pipeline systems shall do so in accordance with
paragraph (b)(5)(iii) of this section.
(i) Abandonment. Natural gas pipe containing ≥50 ppm PCBs may be
abandoned in place under one or more of the following provisions:
(A) Natural gas pipe having a nominal inside diameter of ≤4 inches, and
containing PCBs at any concentration but no free-flowing liquids, may be
abandoned in the place it was used to transport natural gas if each end is
sealed closed and the pipe is either:
(1) Included in a public service notification program, such as a
"one-call" system under 49 CFR 192.614(a) and (b).
(2) Filled to 50 percent or more of the volume of the pipe with grout
(such as a hardening slurry consisting of cement, bentonite, or clay) or high
density polyurethane foam.
(B) PCB-Contaminated natural gas pipe of any diameter, where the PCB
concentration was determined after the last transmission of gas through the pipe
or at the time of abandonment, that contains no free-flowing liquids may be
abandoned in the place it was used to transport natural gas if each end is
sealed closed.
(C) Natural gas pipe of any diameter which contains PCBs at any concentration
but no free-flowing liquids, may be abandoned in the place it was used to
transport natural gas, if each end is sealed closed, and either:
(1) The interior surface is decontaminated with one or more washes of
a solvent in accordance with the use and disposal requirements of §761.79(d).
This decontamination process must result in a recovery of 95 percent of the
solvent volume introduced into the system, and the PCB concentration of the
recovered wash must be <50 ppm (see §761.79(a)(1) for requirements on use and
disposal of decontaminating fluids).
(2) The pipe is filled to 50 percent or more of the volume of the pipe
with grout (such as a hardening slurry-like cement, bentonite, or clay) or high
density polyurethane foam (except that only cement shall be used as grout under
rivers or streams) and each end is sealed closed.
(D) Natural gas pipe of any diameter which contains PCBs at any concentration
may be abandoned in place after decontamination in accordance with
§761.79(c)(3), (c)(4) or (h) or a PCB disposal approval issued under §761.60(e)
or §761.61(c).
(ii) Removal with subsequent action. Natural gas pipeline systems may
be disposed of under one of the following provisions:
(A) The following classifications of natural gas pipe containing no
free-flowing liquids may be disposed of in a facility permitted, licensed, or
registered by a State to manage municipal solid waste subject to part 258 of
this chapter or non-municipal non-hazardous waste subject to §§257.5 through
257.30 of this chapter, as applicable (excluding thermal treatment units); a
scrap metal recovery oven or smelter operating in compliance with the
requirements of §761.72; or a disposal facility approved under this part:
(1) PCB-Contaminated natural gas pipe of any diameter where the PCB
concentration was determined after the last transmission of gas through the pipe
or during removal from the location it was used to transport natural gas.
(2) Natural gas pipe containing PCBs at any concentration and having a
nominal inside diameter ≤4 inches.
(B) Any component of a natural gas pipeline system may be disposed of under
one of the following provisions:
(1) In an incinerator operating in compliance with §761.70.
(2) In a chemical waste landfill operating in compliance with §761.75,
provided that all free-flowing liquid PCBs have been thoroughly drained.
(3) As a PCB remediation waste in compliance with §761.61.
(4) In accordance with §761.79.
(iii) Characterization of natural gas pipeline systems by PCB
concentration in condensate. (A) Any person disposing of a natural gas
pipeline system under paragraphs (b)(5)(i)(B) or (b)(5)(ii)(A)(1) of this
section must characterize it for PCB contamination by analyzing organic liquids
collected at existing condensate collection points in the natural gas pipeline
system. The level of PCB contamination found at a collection point is assumed to
extend to the next collection point downstream. If no organic liquids are
present, drain free- flowing liquids and collect standard wipe samples according
to subpart M of this part. Collect condensate within 72 hours of the final
transmission of natural gas through the part of the system to be abandoned or
removed. Collect wipe samples after the last transmission of gas through the
pipe or during removal from the location it was used to transport natural gas.
(B) PCB concentration of the organic phase of multi-phasic liquids shall be
determined in accordance with §761.1(b)(4).
(iv) Disposal of pipeline liquids. (A) Any person disposing of liquids
containing PCBs ≥50 ppm removed, spilled, or otherwise released from a natural
gas pipeline system must do so in accordance with §761.61(a)(5)(iv) based on the
PCB concentration at the time of removal from the system. Any person disposing
of material contaminated by spills or other releases of PCBs ≥50 ppm from a
natural gas pipeline system, must do so in accordance with §761.61 or §761.79,
as applicable.
(B) Any person who markets or burns for energy recovery liquid containing
PCBs at concentrations <50 ppm PCBs at the time of removal from a natural gas
pipeline system must do so in accordance with the provisions pertaining to used
oil at §761.20(e). No other use of liquid containing PCBs at concentrations
above the quantifiable level/level of detection removed from a natural gas
pipeline system is authorized.
(6) Other PCB Articles. (i) PCB articles with concentrations at 500
ppm or greater must be disposed of:
(A) In an incinerator that complies with §761.70; or
(B) In a chemical waste landfill that complies with §761.75, provided that
all free-flowing liquid PCBs have been thoroughly drained from any articles
before the articles are placed in the chemical waste landfill and that the
drained liquids are disposed of in an incinerator that complies with §761.70.
(ii)(A) Except as specifically provided in paragraphs (b)(1) through (b)(5)
of this section, any person disposing of a PCB-Contaminated Article must do so
by removing all free-flowing liquid from the article, disposing of the liquid in
accordance with paragraph (a) of this section, and disposing of the
PCB-Contaminated Article with no free-flowing liquid by one of the following
methods:
(1) In accordance with §761.79.
(2) In a facility permitted, licensed, or registered by a State to
manage municipal solid waste subject to part 258 of this chapter or
non-municipal non-hazardous waste subject to §§257.5 through 257.30 of this
chapter, as applicable (excluding thermal treatment units).
(3) In a scrap metal recovery oven or smelter operating in compliance
with §761.72.
(4) In a disposal facility approved under this part.
(B) Storage for disposal of PCB-Contaminated Articles from which all
free-flowing liquids have been removed is not regulated under subpart D of this
part.
(C) Requirements in subparts J and K of this part do not apply to
PCB-Contaminated Articles from which all free-flowing liquids have been removed.
(iii) Fluorescent light ballasts containing PCBs in their potting material
must be disposed of in a TSCA-approved disposal facility, as bulk product waste
under §761.62, as household waste under §761.63 (where applicable), or in
accordance with the decontamination provisions of §761.79.
(7) Storage of PCB Articles. Except for a PCB Article described in
paragraph (b)(2)(ii) of this section and hydraulic machines that comply with the
municipal solid waste disposal provisions described in paragraph (b)(3) of this
section, any PCB Article, with PCB concentrations at 50 ppm or greater, shall be
stored in accordance with §761.65 prior to disposal.
(8) Persons disposing of PCB Articles must wear or use protective clothing or
equipment to protect against dermal contact with or inhalation of PCBs or
materials containing PCBs.
(c) PCB Containers. (1) Unless decontaminated in compliance with
§761.79 or as provided in paragraph (c)(2) of this section, a PCB container with
PCB concentrations at 500 ppm or greater shall be disposed of:
(i) In an incinerator which complies with §761.70, or
(ii) In a chemical waste landfill that complies with §761.75; provided that
if there are PCBs in a liquid state, the PCB Container shall first be drained
and the PCB liquid disposed of in accordance with paragraph (a) of this section.
(2) Any PCB Container used to contain only PCBs at a concentration less than
500 ppm shall be disposed of as municipal solid wastes; provided that if the
PCBs are in a liquid state, the PCB Container shall first be drained and the PCB
liquid shall be disposed of in accordance with paragraph (a) of this section.
(3) Prior to disposal, a PCB container with PCB concentrations at 50 ppm or
greater shall be stored in a unit which complies with §761.65.
(d) [Reserved]
(e) Any person who is required to incinerate any PCBs and PCB Items under
this subpart and who can demonstrate that an alternative method of destroying
PCBs and PCB Items exists and that this alternative method can achieve a level
of performance equivalent to an incinerator approved under §761.70 or a high
efficiency boiler operating in compliance with §761.71, must submit a written
request to either the EPA Regional Administrator or the Director, National
Program Chemicals Division, for a waiver from the incineration requirements of
§761.70 or §761.71. Requests for approval of alternate methods that will be
operated in more than one Region must be submitted to the Director, National
Program Chemicals Division except for research and development activities
involving less than 500 pounds of PCB material (see paragraph (i)(2) of this
section). Requests for approval of alternate methods that will be operated in
only one Region must be submitted to the appropriate EPA Regional Administrator.
The applicant must show that his or her method of destroying PCBs will not
present an unreasonable risk of injury to health or the environment. On the
basis of such information and any available information, the EPA Regional
Administrator or the Director, National Program Chemicals Division may, in his
or her discretion, approve the use of the alternate method if he or she finds
that the alternate disposal method provides PCB destruction equivalent to
disposal in a §761.70 incinerator or a §761.71 high efficiency boiler and will
not present an unreasonable risk of injury to health or the environment. Any
approval must be stated in writing and may include such conditions and
provisions as the EPA Regional Administrator or Director, National Program
Chemicals Division deems appropriate. The person to whom such waiver is issued
must comply with all limitations contained in such determination. No person may
use the alternate method of destroying PCBs or PCB Items prior to obtaining
permission from the appropriate EPA official.
(f)(1) Each operator of a chemical waste landfill, incinerator, or
alternative to incineration approved under paragraph (e) of this section shall
give the following written notices to the state and local governments within
whose jurisdiction the disposal facility is located:
(i) Notice at least thirty (30) days before a facility is first used for
disposal of PCBs required by these regulations; and
(ii) At the request of any state or local government, annual notice of the
quantities and general description of PCBs disposed of during the year. This
annual notice shall be given no more than thirty (30) days after the end of the
year covered.
(iii) The Regional Administrator may reduce the notice period required by
paragraph (f)(1)(i) of this section from thirty days to a period of no less than
five days in order to expedite interim approval of the chemical waste landfill
located in Sedgwick County, Kansas.
(2) [Reserved]
(g) Testing procedures. (1) Owners or users of mineral oil dielectric
fluid electrical equipment may use the following procedures to determine the
concentration of PCBs in the dielectric fluid:
(i) Dielectric fluid removed from mineral oil dielectric fluid electrical
equipment may be collected in a common container, provided that no other
chemical substances or mixtures are added to the container. This common
container option does not permit dilution of the collected oil. Mineral oil that
is assumed or known to contain at least 50 ppm PCBs must not be mixed with
mineral oil that is known or assumed to contain less than 50 ppm PCBs to reduce
the concentration of PCBs in the common container. If dielectric fluid from
untested, oil-filled circuit breakers, reclosers, or cable is collected in a
common container with dielectric fluid from other oil-filled electrical
equipment, the entire contents of the container must be treated as PCBs at a
concentration of at least 50 ppm, unless all of the fluid from the other
oil-filled electrical equipment has been tested and shown to contain less than
50 ppm PCBs.
(ii) For purposes of complying with the marking and disposal requirements,
representative samples may be taken from either the common containers or the
individual electrical equipment to determine the PCB concentration, except that
if any PCBs at a concentration of 500 ppm or greater have been added to the
container or equipment then the total container contents must be considered as
having a PCB concentration of 500 ppm or greater for purposes of complying with
the disposal requirements of this subpart. For purposes of this subparagraph,
representative samples of mineral oil dielectric fluid are either samples taken
in accordance with ASTM D 923-86 or ASTM D 923-89 or samples taken from a
container that has been thoroughly mixed in a manner such that any PCBs in the
container are uniformly distributed throughout the liquid in the container.
(iii) Unless otherwise specified in this part, any person conducting the
chemical analysis of PCBs shall do so using gas chromatography. Any gas
chromatographic method that is appropriate for the material being analyzed may
be used, including EPA Method 608, "Organochlorine Pesticides and PCBs" at 40
CFR part 136, Appendix A;" EPA Method 8082, "Polychlorinated Biphenyls (PCBs) by
Capillary Column Gas Chromatography" of SW-846, "OSW Test Methods for Evaluating
Solid Waste," which is available from NTIS; and ASTM Standard D-4059, "Standard
Test Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids by
Gas Chromatography," which is available from ASTM.
(2) Owners or users of waste oil may use the following procedures to
determine the PCB concentration of waste oil:
(i) Waste oil from more than one source may be collected in a common
container, provided that no other chemical substances or mixtures, such as
non-waste oils, are added to the container.
(ii) For purposes of complying with the marking and disposal requirements,
representative samples may be taken from either the common containers or the
individual electrical equipment to determine the PCB concentration.
Except, That if any PCBs at a concentration of 500 ppm or greater have
been added to the container or equipment then the total container contents must
be considered as having a PCB concentration of 500 ppm or greater for purposes
of complying with the disposal requirements of this subpart. For purposes of
this paragraph, representative samples of mineral oil dielectric fluid are
either samples taken in accordance with ASTM D 923-86 or ASTM D 923-89 or
samples taken from a container that has been thoroughly mixed in a manner such
that any PCBs in the container are uniformly distributed throughout the liquid
in the container.
(iii) Unless otherwise specified in this part, any person conducting the
chemical analysis of PCBs shall do so using gas chromatography. Any gas
chromatographic method that is appropriate for the material being analyzed may
be used, including those indicated in paragraph (g)(1)(iii) of this section.
(h) Requirements for export and import of PCBs and PCB Items for disposal are
found in Subpart F of this part.
(i) Approval authority for disposal methods. (1) The officials (the
Director, National Programs Chemical Division and the Regional Administrators)
designated in §§761.60(e) and 761.70 (a) and (b) to receive requests for
approval of PCB disposal activities are the primary approval authorities for
these activities. Notwithstanding, the Director, National Programs Chemical
Division may, at his/her discretion, assign the authority to review and approve
any aspect of a disposal system to the Office of Prevention, Pesticides and
Toxic Substances or to a Regional Administrator.
(2) Except for activity authorized under paragraph (j) of this section,
research and development (R&D) for PCB disposal using a total of <500
pounds of PCB material (regardless of PCB concentration) will be reviewed and
approved by the EPA Regional Administrator for the Region where the R&D will
be conducted, and R&D for PCB disposal using 500 pounds or more of PCB
material (regardless of PCB concentration) will be reviewed and approved by the
Director, National Program Chemicals Division.
(j) Self-implementing requirements for research and development (R&D)
for PCB disposal.
(1) Any person may conduct R&D for PCB disposal without prior written
approval from EPA if they meet the following conditions:
(i) File a notification and obtain an EPA identification number pursuant to
subpart K of this part.
(ii) Notify in writing the EPA Regional Administrator, the State
environmental protection agency, and local environmental protection agency,
having jurisdiction where the R&D for PCB disposal activity will occur at
least 30 days prior to the commencement of any R&D for PCB disposal activity
conducted under this section. Each written notification shall include the EPA
identification number of the site where the R&D for PCB disposal activities
will be conducted, the quantity of PCBs to be treated, the type of R&D
technology to be used, the general physical and chemical properties of material
being treated, and an estimate of the duration of the PCB activity. The EPA
Regional Administrator, the State environmental protection agency, and the local
environmental protection agency may waive notification in writing prior to
commencement of the research.
(iii) The amount of material containing PCBs treated annually by the facility
during R&D for PCB disposal activities does not exceed 500 gallons or 70
cubic feet of liquid or non-liquid PCBs and does not exceed a maximum
concentration of 10,000 ppm PCBs.
(iv) No more than 1 kilogram total of pure PCBs per year is disposed of in
all R&D for PCB disposal activities at a facility.
(v) Each R&D for PCB disposal activity under this section lasts no more
than 1 calendar year.
(vi) Store all PCB wastes (treated and untreated PCB materials, testing
samples, spent laboratory samples, residuals, untreated samples, contaminated
media or instrumentation, clothing, etc.) in compliance with §761.65(b) and
dispose of them according to the undiluted PCB concentration prior to treatment.
However, PCB materials not treated in the R&D for PCB disposal activity may
be returned either to the physical location where the samples were collected or
a location where other regulated PCBs from the physical location where the
samples were collected are being stored for disposal.
(vii) Use manifests pursuant to subpart K of this part for all R&D PCB
wastes being transported from the R&D facility to an approved PCB storage or
disposal facility. However, §§761.207 through 761.218 do not apply if the
residuals or treated samples are returned either to the physical location where
the samples were collected or a location where other regulated PCBs from the
physical location where the samples were collected are being stored for
disposal.
(viii) Package and ship all PCB wastes pursuant to DOT requirements under 49
CFR parts 171 through 180.
(ix) Comply with the recordkeeping requirements of §761.180.
(2) Do not exceed material limitations set out in paragraphs (j)(1) (iii) and
(iv) of this section and the time limitation set out in paragraph (j)(1)(v) of
this section without prior written approval from EPA. Requests for approval to
exceed the material limitations for PCBs in R&D for PCB disposal activities
as specified in this section must be submitted in writing to the EPA Regional
Administrator for the Region in which the facility conducting R&D for PCB
disposal activities is located. Each request shall specify the quantity or
concentration requested or additional time needed for disposal and include a
justification for each increase. For extensions to the duration of the R&D
for PCB disposal activity, the request shall also include a report on the
accomplishments and progress of the previously authorized R&D for PCB
disposal activity for which the extension is sought. The EPA Regional
Administrator may grant a waiver in writing for an increase in the volume of PCB
material, the maximum concentration of PCBs, the total amount of pure PCBs, or
the duration of the R&D activity. Approvals will state all requirements
applicable to the R&D for PCB disposal activity.
(3) The EPA Regional Administrator for the Region in which an R&D for PCB
disposal activity is conducted may determine, at any time, that an R&D PCB
disposal approval is required under paragraphs (e) and (i)(2) of this section or
§761.70(d) to ensure that any R&D for PCB disposal activity does not present
an unreasonable risk of injury to health or the environment. (Sec. 6,
Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C. 2605) [44 FR 31542, May 31, 1979] Editorial Note: For FEDERAL REGISTER citations affecting §761.60, see
the List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.
This section provides cleanup and disposal options for PCB remediation waste.
Any person cleaning up and disposing of PCBs managed under this section shall do
so based on the concentration at which the PCBs are found. This section does not
prohibit any person from implementing temporary emergency measures to prevent,
treat, or contain further releases or mitigate migration to the environment of
PCBs or PCB remediation waste.
(a) Self-implementing on-site cleanup and disposal of PCB remediation
waste. EPA designed the self-implementing procedure for a general,
moderately-sized site where there should be low residual environmental impact
from remedial activities. The procedure may be less practical for larger or
environmentally diverse sites. For these other sites, the self-implementing
procedure still applies, but an EPA Regional Administrator may authorize more
practical procedures through paragraph (c) of this section. Any person may
conduct self-implementing cleanup and disposal of PCB remediation waste in
accordance with the following requirements without prior written approval from
EPA.
(1) Applicability. (i) The self-implementing procedures may not be
used to clean up:
(A) Surface or ground waters.
(B) Sediments in marine and freshwater ecosystems.
(C) Sewers or sewage treatment systems.
(D) Any private or public drinking water sources or distribution systems.
(E) Grazing lands.
(F) Vegetable gardens.
(ii) The self-implementing cleanup provisions shall not be binding upon
cleanups conducted under other authorities, including but not limited to,
actions conducted under section 104 or section 106 of CERCLA, or section 3004(u)
and (v) or section 3008(h) of RCRA.
(2) Site characterization. Any person conducting self-implementing
cleanup of PCB remediation waste must characterize the site adequately to be
able to provide the information required by paragraph (a)(3) of this section.
Subpart N of this part provides a method for collecting new site
characterization data or for assessing the sufficiency of existing site
characterization data.
(3) Notification and certification. (i) At least 30 days prior to the
date that the cleanup of a site begins, the person in charge of the cleanup or
the owner of the property where the PCB remediation waste is located shall
notify, in writing, the EPA Regional Administrator, the Director of the State or
Tribal environmental protection agency, and the Director of the county or local
environmental protection agency where the cleanup will be conducted. The notice
shall include:
(A) The nature of the contamination, including kinds of materials
contaminated.
(B) A summary of the procedures used to sample contaminated and adjacent
areas and a table or cleanup site map showing PCB concentrations measured in all
pre-cleanup characterization samples. The summary must include sample collection
and analysis dates. The EPA Regional Administrator may require more detailed
information including, but not limited to, additional characterization sampling
or all sample identification numbers from all previous characterization
activities at the cleanup site.
(C) The location and extent of the identified contaminated area, including
topographic maps with sample collection sites cross referenced to the sample
identification numbers in the data summary from paragraph (a)(3)(i)(B) of this
section.
(D) A cleanup plan for the site, including schedule, disposal technology, and
approach. This plan should contain options and contingencies to be used if
unanticipated higher concentrations or wider distributions of PCB remediation
waste are found or other obstacles force changes in the cleanup approach.
(E) A written certification, signed by the owner of the property where the
cleanup site is located and the party conducting the cleanup, that all sampling
plans, sample collection procedures, sample preparation procedures, extraction
procedures, and instrumental/chemical analysis procedures used to assess or
characterize the PCB contamination at the cleanup site, are on file at the
location designated in the certificate, and are available for EPA inspection.
Persons using alternate methods for chemical extraction and chemical analysis
for site characterization must include in the certificate a statement that such
a method will be used and that a comparison study which meets or exceeds the
requirements of subpart Q of this part, and for which records are on file, has
been completed prior to verification sampling.
(ii) Within 30 calendar days of receiving the notification, the EPA Regional
Administrator will respond in writing approving of the self-implementing
cleanup, disapproving of the self-implementing cleanup, or requiring additional
information. If the EPA Regional Administrator does not respond within 30
calendar days of receiving the notice, the person submitting the notification
may assume that it is complete and acceptable and proceed with the cleanup
according to the information the person provided to the EPA Regional
Administrator. Once cleanup is underway, the person conducting the cleanup must
provide any proposed changes from the notification to the EPA Regional
Administrator in writing no less than 14 calendar days prior to the proposed
implementation of the change. The EPA Regional Administrator will determine in
his or her discretion whether to accept the change, and will respond to the
change notification verbally within 7 calendar days and in writing within 14
calendar days of receiving it. If the EPA Regional Administrator does not
respond verbally within 7 calendar days and in writing within 14 calendar days
of receiving the change notice, the person who submitted it may deem it complete
and acceptable and proceed with the cleanup according to the information in the
change notice provided to the EPA Regional Administrator.
(iii) Any person conducting a cleanup activity may obtain a waiver of the
30-day notification requirement, if they receive a separate waiver, in writing,
from each of the agencies they are required to notify under this section. The
person must retain the original written waiver as required in paragraph (a)(9)
of this section.
(4) Cleanup levels. For purposes of cleaning, decontaminating, or
removing PCB remediation waste under this section, there are four general waste
categories: bulk PCB remediation waste, non-porous surfaces, porous surfaces,
and liquids. Cleanup levels are based on the kind of material and the potential
exposure to PCBs left after cleanup is completed.
(i) Bulk PCB remediation waste. Bulk PCB remediation waste includes,
but is not limited to, the following non-liquid PCB remediation waste: soil,
sediments, dredged materials, muds, PCB sewage sludge, and industrial sludge.
(A) High occupancy areas. The cleanup level for bulk PCB remediation
waste in high occupancy areas is ≤1 ppm without further conditions. High
occupancy areas where bulk PCB remediation waste remains at concentrations >1
ppm and ≤10 ppm shall be covered with a cap meeting the requirements of
paragraphs (a)(7) and (a)(8) of this section.
(B) Low occupancy areas. (1) The cleanup level for bulk PCB
remediation waste in low occupancy areas is ≤25 ppm unless otherwise specified
in this paragraph.
(2) Bulk PCB remediation wastes may remain at a cleanup site at
concentrations >25 ppm and ≤50 ppm if the site is secured by a fence and
marked with a sign including the M (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 μg/100 cm2 of surface area. In low occupancy
areas, the surface cleanup standard is <100 μg/100 cm2 of surface
area. Select sampling locations in accordance with subpart P of this part or a
sampling plan approved under paragraph (c) of this section.
(iii) Porous surfaces. In both high and low occupancy areas, any
person disposing of porous surfaces must do so based on the levels in paragraph
(a)(4)(i) of this section. Porous surfaces may be cleaned up for use in
accordance with §761.79(b)(4) or §761.30(p).
(iv) Liquids. In both high and low occupancy areas, cleanup levels are
the concentrations specified in §761.79(b)(1) and (b)(2).
(v) Change in the land use for a cleanup site. Where there is an
actual or proposed change in use of an area cleaned up to the levels of a low
occupancy area, and the exposure of people or animal life in or at that area
could reasonably be expected to increase, resulting in a change in status from a
low occupancy area to a high occupancy area, the owner of the area shall clean
up the area in accordance with the high occupancy area cleanup levels in
paragraphs (a)(4)(i) through (a)(4)(iv) of this section.
(vi) The EPA Regional Administrator, as part of his or her response to a
notification submitted in accordance with §761.61(a)(3) of this part, may
require cleanup of the site, or portions of it, to more stringent cleanup levels
than are otherwise required in this section, based on the proximity to areas
such as residential dwellings, hospitals, schools, nursing homes, playgrounds,
parks, day care centers, endangered species habitats, estuaries, wetlands,
national parks, national wildlife refuges, commercial fisheries, and sport
fisheries.
(5) Site cleanup. In addition to the options set out in this
paragraph, PCB disposal technologies approved under §§761.60 and 761.70 are
acceptable for on-site self-implementing PCB remediation waste disposal within
the confines of the operating conditions of the respective approvals.
(i) Bulk PCB remediation waste. Any person cleaning up bulk PCB
remediation waste shall do so to the levels in paragraph (a)(4)(i) of this
section.
(A) Any person cleaning up bulk PCB remediation waste on-site using a soil
washing process may do so without EPA approval, subject to all of the following:
(1) A non-chlorinated solvent is used.
(2) The process occurs at ambient temperature.
(3) The process is not exothermic.
(4) The process uses no external heat.
(5) The process has secondary containment to prevent any solvent from
being released to the underlying or surrounding soils or surface waters.
(6) Solvent disposal, recovery, and/or reuse is in accordance with
relevant provisions of approvals issued according to paragraphs (b)(1) or (c) of
this section or applicable paragraphs of §761.79.
(B) Bulk PCB remediation waste may be sent off-site for decontamination or
disposal in accordance with this paragraph, provided the waste is either
dewatered on-site or transported off-site in containers meeting the requirements
of the DOT Hazardous Materials Regulations (HMR) at 49 CFR parts 171 through
180.
(1) Removed water shall be disposed of according to paragraph (b)(1)
of this section.
(2) Any person disposing off-site of dewatered bulk PCB remediation
waste shall do so as follows:
(i) Unless sampled and analyzed for disposal according to the
procedures set out in §§761.283, 761.286, and 761.292, the bulk PCB remediation
waste shall be assumed to contain ≥50 ppm PCBs.
(ii) Bulk PCB remediation wastes with a PCB concentration of <50
ppm shall be disposed of in accordance with paragraph (a)(5)(v)(A) of this
section.
(iii) Bulk PCB remediation wastes with a PCB concentration ≥50 ppm
shall be disposed of in a hazardous waste landfill permitted by EPA under
section 3004 of RCRA, or by a State authorized under section 3006 of RCRA, or a
PCB disposal facility approved under this part.
(iv) The generator must provide written notice, including the quantity
to be shipped and highest concentration of PCBs (using extraction EPA Method
3500B/3540C or Method 3500B/3550B followed by chemical analysis using EPA Method
8082 in SW-846 or methods validated under subpart Q of this part) at least 15
days before the first shipment of bulk PCB remediation waste from each cleanup
site by the generator, to each off-site facility where the waste is destined for
an area not subject to a TSCA PCB Disposal Approval.
(3) Any person may decontaminate bulk PCB remediation waste in
accordance with §761.79 and return the waste to the cleanup site for disposal as
long as the cleanup standards of paragraph (a)(4) of this section are met.
(ii) Non-porous surfaces. PCB remediation waste non-porous surfaces
shall be cleaned on-site or off-site for disposal on-site, disposal off-site, or
use, as follows:
(A) For on-site disposal, non-porous surfaces shall be cleaned on-site or
off-site to the levels in paragraph (a)(4)(ii) of this section using:
(1) Procedures approved under §761.79.
(2) Technologies approved under §761.60(e).
(3) Procedures or technologies approved under paragraph (c) of this
section.
(B) For off-site disposal, non-porous surfaces:
(1) Having surface concentrations <100 μg/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 μg/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 Aroclor (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] PCB bulk product waste shall be disposed of in accordance with paragraph (a),
(b), or (c) of this section. Under some of these provisions, it may not be
necessary to determine the PCB concentration or leaching characteristics of the
PCB bulk product waste. When it is necessary to analyze the waste to make either
of these determinations, use the applicable procedures in subpart R of this part
to sample the waste for analysis, unless EPA approves another sampling plan
under paragraph (c) of this section.
(a) Performance-based disposal. Any person disposing of PCB bulk
product waste may do so as follows:
(1) In an incinerator approved under §761.70.
(2) In a chemical waste landfill approved under §761.75.
(3) In a hazardous waste landfill permitted by EPA under section 3004 of
RCRA, or by a State authorized under section 3006 of RCRA.
(4) Under an alternate disposal approval under §761.60(e).
(5) In accordance with the decontamination provisions of §761.79.
(6) For metal surfaces in contact with PCBs, in accordance with the thermal
decontamination provisions of §761.79(c)(6).
(7) In accordance with a TSCA PCB Coordinated Approval issued under §761.77.
(b) Disposal in solid waste landfills. (1) Any person may dispose of
the following PCB bulk product waste in a facility permitted, licensed, or
registered by a State as a municipal or non-municipal non-hazardous waste
landfill:
(i) Plastics (such as plastic insulation from wire or cable; radio,
television and computer casings; vehicle parts; or furniture laminates);
preformed or molded rubber parts and components; applied dried paints,
varnishes, waxes or other similar coatings or sealants; caulking; Galbestos;
non-liquid building demolition debris; or non-liquid PCB bulk product waste from
the shredding of automobiles or household appliances from which PCB small
capacitors have been removed (shredder fluff).
(ii) Other PCB bulk product waste, sampled in accordance with the protocols
set out in subpart R of this part, that leaches PCBs at <10 μg/L of water
measured using a procedure used to simulate leachate generation.
(2) Any person may dispose of PCB bulk product waste other than those
materials meeting the conditions of paragraph (b)(1) of this section, (e.g.,
paper or felt gaskets contaminated by liquid PCBs in a facility that is
permitted, licensed, or registered by a State to manage municipal solid waste
subject to part 258 of this chapter or non-municipal non-hazardous waste subject
to §§257.5 through 257.30 of this chapter, as applicable, if:
(i) The PCB bulk product waste is segregated from organic liquids disposed of
in the landfill unit.
(ii) Leachate is collected from the landfill unit and monitored for PCBs.
(3) Any release of PCBs (including but not limited to leachate) from the
landfill unit shall be cleaned up in accordance with §761.61.
(4)(i) Any person disposing off-site of PCB bulk product waste regulated
under paragraph (b)(1) of this section at a waste management facility not having
a commercial PCB storage or disposal approval must provide written notice to the
facility a minimum of 15 days in advance of the first shipment from the same
disposal waste stream. The notice shall state that the PCB bulk product waste
may include components containing PCBs at ≥50 ppm based on analysis of the waste
in the shipment or application of a general knowledge of the waste stream (or
similar material) which is known to contain PCBs at those levels, and that the
PCB bulk product waste is known or presumed to leach <10 μg/L PCBs.
(ii) Any person disposing off-site of PCB bulk product waste regulated under
paragraph (b)(2) of this section at a waste management facility not having a
commercial PCB storage or disposal approval must provide written notice to the
facility a minimum of 15 days in advance of the first shipment from the same
disposal waste stream and with each shipment thereafter. The notice shall state
that the PCB bulk product waste may include components containing PCBs at ≥50
ppm based on analysis of the waste in the shipment or application of a general
knowledge of the waste stream (or similar material) which is known to contain
PCBs at those levels, and that the PCB bulk product waste is known or presumed
to leach ≥10 μg/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] 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] 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] 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] 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 (2) Combustion efficiency shall be at least 99.9 percent computed as
follows:
Combustion efficiency=
[Cco where Cco 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) O (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) O (8) The flow of PCBs to the incinerator shall stop automatically when any one
or more of the following conditions occur, unless a contingency plan is
submitted by the incinerator owner or operator and approved by the Regional
Administrator or Director, National Programs Chemical Division. The contingency
plan indicates what alternative measures the incinerator owner or operator would
take if any of the following conditions occur:
(i) Failure of monitoring operations specified in paragraph (a)(7) of this
section;
(ii) Failure of the PCB rate and quantity measuring and recording equipment
specified in paragraph (a)(3) of this section; or
(iii) Excess oxygen falls below the percentage specified in paragraph (a)(1)
of this section.
(9) Water scrubbers shall be used for HCl control during PCB incineration and
shall meet any performance requirements specified by the appropriate EPA
Regional Administrator or the Director, National Programs Chemical Division.
Scrubber effluent shall be monitored and shall comply with applicable effluent
or pretreatment standards, and any other State and Federal laws and regulations.
An alternate method of HCl control may be used if the alternate method has been
approved by the Regional Administrator or the Director, National Programs
Chemical Division. (The HCl neutralizing capability of cement kilns is
considered to be an alternate method.)
(b) Nonliquid PCBs. An incinerator used for incinerating nonliquid
PCBs, PCB Articles, PCB Equipment, or PCB Containers shall be approved by the
appropriate EPA Regional Administrator or the Director, National Programs
Chemical Division pursuant to paragraph (d) of this section. Requests for
approval of incinerators to be used in more than one region must be submitted to
the Director, National Programs Chemical Division except for research and
development involving less than 500 pounds of PCB material (see §761.60(i)(2)).
Requests for approval of incinerators to be used in only one region must be
submitted to the appropriate Regional Administrator. The incinerator shall meet
all of the requirements specified in paragraphs (b)(1) and (2) of this section
unless a waiver from these requirements is obtained pursuant to paragraph (d)(5)
of this section. In addition, the incinerator shall meet any other requirements
that may be prescribed pursuant to paragraph (d)(4) of this section.
(1) The mass air emissions from the incinerator shall be no greater than
0.001g PCB/kg of the PCB introduced into the incinerator.
(2) The incinerator shall comply with the provisions of paragraphs (a)(2),
(3), (4), (6), (7), (8)(i) and (ii), and (9) of this section.
(c) Maintenance of data and records. All data and records required by
this section shall be maintained in accordance with §761.180, Records and
monitoring.
(d) Approval of incinerators. Prior to the incineration of PCBs and
PCB Items the owner or operator of an incinerator shall receive the written
approval of the Agency Regional Administrator for the region in which the
incinerator is located, or the Director, National Programs Chemical Division.
Approval from the Director, National Programs Chemical Division may be effective
in all ten EPA regions. Such approval shall be obtained in the following manner:
(1) Application. The owner or operator shall submit to the Regional
Administrator or the Director, National Programs Chemical Division an
application which contains:
(i) The location of the incinerator;
(ii) A detailed description of the incinerator including general site plans
and design drawings of the incinerator;
(iii) Engineering reports or other information on the anticipated performance
of the incinerator;
(iv) Sampling and monitoring equipment and facilities available;
(v) Waste volumes expected to be incinerated;
(vi) Any local, State, or Federal permits or approvals; and
(vii) Schedules and plans for complying with the approval requirements of
this regulation.
(2) Trial burn. (i) Following receipt of the application described in
paragraph (d)(1) of this section, the Regional Administrator or the Director,
National Programs Chemical Division shall determine if a trial burn is required
and notify the person who submitted the report whether a trial burn of PCBs and
PCB Items must be conducted. The Regional Administrator or the Director,
National Programs Chemical Division may require the submission of any other
information that the Regional Administrator or the Director, National Programs
Chemical Division finds to be reasonably necessary to determine the need for a
trial burn. Such other information shall be restricted to the types of
information required in paragraphs (d)(1)(i) through (vii) of this section.
(ii) If the Regional Administrator or the Director, National Programs
Chemical Division determines that a trial burn must be held, the person who
submitted the report described in paragraph (d)(1) of this section shall submit
to the Regional Administrator or the Director, National Programs Chemical
Division a detailed plan for conducting and monitoring the trial burn. At a
minimum, the plan must include:
(A) Date trial burn is to be conducted;
(B) Quantity and type of PCBs and PCB Items to be incinerated;
(C) Parameters to be monitored and location of sampling points;
(D) Sampling frequency and methods and schedules for sample analyses; and
(E) Name, address, and qualifications of persons who will review analytical
results and other pertinent data, and who will perform a technical evaluation of
the effectiveness of the trial burn.
(iii) Following receipt of the plan described in paragraph (d)(2)(ii) of this
section, the Regional Administrator or the Director, National Programs Chemical
Division will approve the plan, require additions or modifications to the plan,
or disapprove the plan. If the plan is disapproved, the Regional Administrator
or the Director, National Programs Chemical Division will notify the person who
submitted the plan of such disapproval, together with the reasons why it is
disapproved. That person may thereafter submit a new plan in accordance with
paragraph (d)(2)(ii) of this section. If the plan is approved (with any
additions or modifications which the Regional Administrator or the Director,
National Programs Chemical Division may prescribe), the Regional Administrator
or the Director, National Programs Chemical Division will notify the person who
submitted the plan of the approval. Thereafter, the trial burn shall take place
at a date and time to be agreed upon between the Regional Administrator or the
Director, National Programs Chemical Division and the person who submitted the
plan.
(3) Other information. In addition to the information contained in the
report and plan described in paragraphs (d)(1) and (2) of this section, the
Regional Administrator or the Assistant Administrator for Prevention, Pesticides
and Toxic Substances may require the owner or operator to submit any other
information that the Regional Administrator or the Assistant Administrator for
Prevention, Pesticides and Toxic Substances finds to be reasonably necessary to
determine whether an incinerator shall be approved.
Note: The Regional Administrator will have available for review and
inspection an Agency manual containing information on sampling methods and
analytical procedures for the parameters required in §761.70(a) (3), (4), (6),
and (7) plus any other parameters he/she may determine to be appropriate. Owners
or operators are encouraged to review this manual prior to submitting any report
required in §761.70.
(4) Contents of approval. (i) Except as provided in paragraph (d)(5)
of this section, the Regional Administrator or the Director, National Programs
Chemical Division may not approve an incinerator for the disposal of PCBs and
PCB Items unless he finds that the incinerator meets all of the requirements of
paragraphs (a) and/or (b) of this section.
(ii) In addition to the requirements of paragraphs (a) and/or (b) of this
section, the Regional Administrator or the Director, National Programs Chemical
Division may include in an approval any other requirements that the Regional
Administrator or the Director, National Programs Chemical Division finds are
necessary to ensure that operation of the incinerator does not present an
unreasonable risk of injury to health or the environment from PCBs. Such
requirements may include a fixed period of time for which the approval is valid.
(5) Waivers. An owner or operator of the incinerator may submit
evidence to the Regional Administrator or the Director, National Programs
Chemical Division that operation of the incinerator will not present an
unreasonable risk of injury to health or the enviroment from PCBs, when one or
more of the requirements of paragraphs (a) and/or (b) of this section are not
met. On the basis of such evidence and any other available information, the
Regional Administrator or the Director, National Programs Chemical Division may
in his/her discretion find that any requirement of paragraphs (a) and (b) of
this section is not necessary to protect against such a risk, and may waive the
requirements in any approval for that incinerator. Any finding and waiver under
this paragraph must be stated in writing and included as part of the approval.
(6) Persons approved. An approval will designate the persons who own
and who are authorized to operate the incinerator, and will apply only to such
persons, except as provided in paragraph (d)(8) of this section.
(7) Final approval. Approval of an incinerator will be in writing and
signed by the Regional Administrator or the Director, National Programs Chemical
Division. The approval will state all requirements applicable to the approved
incinerator.
(8) Transfer of property. Any person who owns or operates an approved
incinerator must notify EPA at least 30 days before transferring ownership in
the incinerator or the property it stands upon, or transferring the right to
operate the incinerator. The transferor must also submit to EPA, at least 30
days before such transfer, a notarized affidavit signed by the transferee which
states that the transferee will abide by the transferor's EPA incinerator
approval. Within 30 days of receiving such notification and affidavit, EPA will
issue an amended approval substituting the transferee's name for the
transferor's name, or EPA may require the transferee to apply for a new
incinerator approval. In the latter case, the transferee must abide by the
transferor's EPA approval until EPA issues the new approval to the transferee.
(Sec. 6, Pub. L. 94-469, 90 Stat. 2020 (15 U.S.C. 2605) [44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982,
and amended at 48 FR 13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984; 53 FR
12524, Apr. 15, 1988; 58 FR 15809, Mar. 24, 1993; 63 FR 35439, June 29,
1998] (a) To burn mineral oil dielectric fluid containing a PCB concentration of
≥50 ppm, but <500 ppm:
(1) The boiler shall comply with the following criteria:
(i) The boiler is rated at a minimum of 50 million BTU hours.
(ii) If the boiler uses natural gas or oil as the primary fuel, the carbon
monoxide concentration in the stack is ≤50 ppm and the excess oxygen is at least
3 percent when PCBs are being burned.
(iii) If the boiler uses coal as the primary fuel, the carbon monoxide
concentration in the stack is ≤100 ppm and the excess oxygen is at least 3
percent when PCBs are being burned.
(iv) The mineral oil dielectric fluid does not comprise more than 10 percent
(on a volume basis) of the total fuel feed rate.
(v) The mineral oil dielectric fluid is not fed into the boiler unless the
boiler is operating at its normal operating temperature (this prohibits feeding
these fluids during either start up or shut down operations).
(vi) The owner or operator of the boiler:
(A) Continuously monitors and records the carbon monoxide concentration and
excess oxygen percentage in the stack gas while burning mineral oil dielectric
fluid; or
(B) If the boiler will burn <30,000 gallons of mineral oil dielectric
fluid per year, measures and records the carbon monoxide concentration and
excess oxygen percentage in the stack gas at regular intervals of no longer than
60 minutes while burning mineral oil dielectric fluid.
(vii) The primary fuel feed rates, mineral oil dielectric fluid feed rates,
and total quantities of both primary fuel and mineral oil dielectric fluid fed
to the boiler are measured and recorded at regular intervals of no longer than
15 minutes while burning mineral oil dielectric fluid.
(viii) The carbon monoxide concentration and the excess oxygen percentage are
checked at least once every hour that mineral oil dielectric fluid is burned. If
either measurement falls below the levels specified in this section, the flow of
mineral oil dielectric fluid to the boiler shall be stopped immediately.
(2) Thirty days before any person burns mineral oil dielectric fluid in the
boiler, the person gives written notice to the EPA Regional Administrator for
the EPA Region in which the boiler is located and that the notice contains the
following information:
(i) The name and address of the owner or operator of the boiler and the
address of the boiler.
(ii) The boiler rating in units of BTU/hour.
(iii) The carbon monoxide concentration and the excess oxygen percentage in
the stack of the boiler when it is operated in a manner similar to the manner in
which it will be operated when mineral oil dielectric fluid is burned.
(iv) The type of equipment, apparatus, and procedures to be used to control
the feed of mineral oil dielectric fluid to the boiler and to monitor and record
the carbon monoxide concentration and excess oxygen percentage in the stack.
(3) When burning mineral oil dielectric fluid, the boiler must operate at a
level of output no less than the output at which the measurements required under
paragraph (a)(2)(iii) of this section were taken.
(4) Any person burning mineral oil dielectric fluid in a boiler obtains the
following information and retains the information for 5 years at the boiler
location:
(i) The data required to be collected under paragraphs (a)(1)(vi) and (vii)
of this section.
(ii) The quantity of mineral oil dielectric fluid burned in the boiler each
month.
(b) To burn liquids, other than mineral oil dielectric fluid, containing a
PCB concentration of ≥50 ppm, but <500 ppm:
(1) The boiler shall comply with the following criteria:
(i) The boiler is rated at a minimum of 50 million BTU/hour.
(ii) If the boiler uses natural gas or oil as the primary fuel, the carbon
monoxide concentration in the stack is ≤50 ppm and the excess oxygen is at least
3 percent when PCBs are being burned.
(iii) If the boiler uses coal as the primary fuel, the carbon monoxide
concentration in the stack is ≤100 ppm and the excess oxygen is at least 3
percent when PCBs are being burned.
(iv) The waste does not comprise more than 10 percent (on a volume basis) of
the total fuel feed rate.
(v) The waste is not fed into the boiler unless the boiler is operating at
its normal operating temperature (this prohibits feeding these fluids during
either start up or shut down operations).
(vi) The owner or operator of the boiler must:
(A) Continuously monitor and record the carbon monoxide concentration and
excess oxygen percentage in the stack gas while burning waste fluid; or
(B) If the boiler will burn <30,000 gallons of waste fluid per year,
measure and record the carbon monoxide concentration and excess oxygen
percentage in the stack gas at regular intervals of no longer than 60 minutes
while burning waste fluid.
(vii) The primary fuel feed rate, waste fluid feed rate, and total quantities
of both primary fuel and waste fluid fed to the boiler must be measured and
recorded at regular intervals of no longer than 15 minutes while burning waste
fluid.
(viii) The carbon monoxide concentration and the excess oxygen percentage
must be checked at least once every hour that the waste is burned. If either
measurement falls below the levels specified in either (a)(1)(ii) or (a)(1)(iii)
of this section, the flow of waste to the boiler shall be stopped immediately.
(2) Prior to any person burning these liquids in the boiler, approval must be
obtained from the EPA Regional Administrator for the EPA Region in which the
boiler is located and any persons seeking such approval must submit to the EPA
Regional Administrator a request containing at least the following information:
(i) The name and address of the owner or operator of the boiler and the
address of the boiler.
(ii) The boiler rating in units of BTU/hour.
(iii) The carbon monoxide concentration and the excess oxygen percentage in
the stack of the boiler when it is operated in a manner similar to the manner in
which it will be operated when low concentration PCB liquid is burned.
(iv) The type of equipment, apparatus, and procedures to be used to control
the feed of mineral oil dielectric fluid to the boiler and to monitor and record
the carbon monoxide concentration and excess oxygen percentage in the stack.
(v) The type of waste to be burned (e.g., hydraulic fluid, contaminated fuel
oil, heat transfer fluid, etc.).
(vi) The concentration of PCBs and of any other chlorinated hydrocarbon in
the waste and the results of analyses using the American Society of Testing and
Materials (ASTM) methods as follows: Carbon and hydrogen content using ASTM
D-3178-84, nitrogen content using ASTM E-258-67 (Reapproved 1987), sulfur
content using ASTM D-2784-89, ASTM D-1266-87, or ASTM D-129-64, chlorine content
using ASTM D-808-87, water and sediment content using either ASTM D-2709-88 or
ASTM D-1796-83 (Reapproved 1990), ash content using ASTM D-482-87, calorific
value using ASTM D-240-87, carbon residue using either ASTM D-2158-89 or ASTM
D-524-88, and flash point using ASTM D-93-90.
(vii) The quantity of wastes estimated to be burned in a 30-day period.
(viii) An explanation of the procedures to be followed to ensure that burning
the waste will not adversely affect the operation of the boiler such that
combustion efficiency will decrease.
(3) On the basis of the information in paragraph (b)(2) of this section and
any other available information, the Regional Administrator may, at his/her
discretion, find that the alternate disposal method will not present an
unreasonable risk of injury to health or the environment and approve the use of
the boiler.
(4) When burning PCB wastes, the boiler must operate at a level of output no
less than the output at which the measurements required under paragraph
(b)(2)(iii) of this section were taken.
(5) Any person burning liquids in boilers approved as provided in paragraph
(b)(3) of this section, must obtain the following information and retain the
information for 5 years at the boiler location:
(i) The data required to be collected in paragraphs (b)(1)(vi) and
(b)(1)(vii) of this section.
(ii) The quantity of low concentration PCB liquid burned in the boiler each
month.
(iii) The analysis of the waste required by paragraph (b)(2)(vi) of this
section taken once a month for each month during which low concentration PCB
liquid is burned in the boiler.
[63 FR 35454, June 29, 1998] Any person may dispose of residual PCBs associated with PCB-Contaminated
articles regulated for disposal under §761.60(b), metal surfaces in PCB
remediation waste regulated under §761.61, or metal surfaces in PCB bulk product
waste regulated under §§761.62(a)(6) and 761.79(c)(6), from which all
free-flowing liquids have been removed:
(a) In a scrap metal recovery oven:
(1) The oven shall have at least two enclosed (i.e., negative draft, no
fugitive emissions) interconnected chambers.
(2) The equipment with all free-flowing liquid removed shall first be placed
in the primary chamber at room temperature.
(3) The primary chamber shall operate at a temperature between 537 °C and 650
°C for a minimum of 2 (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] 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] (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] (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 μg/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 μg/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 μg/L (i.e., approximately ≤0.5 ppb PCBs) for
unrestricted use.
(2) The decontamination standard for organic liquids and non-aqueous
inorganic liquids containing PCBs is <2 milligrams per kilogram (i.e., <2
ppm PCBs).
(3) The decontamination standard for non-porous surfaces in contact with
liquid and non-liquid PCBs is:
(i) For unrestricted use:
(A) For non-porous surfaces previously in contact with liquid PCBs at any
concentration, where no free-flowing liquids are currently present, ≤10
micrograms PCBs per 100 square centimeters (≤10 μg/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
μg/100 cm2 as measured by a standard wipe test (§761.123) at
locations selected in accordance with subpart P of this part.
(B) For non-porous surfaces in contact with non-liquid PCBs (including
non-porous surfaces covered with a porous surface, such as paint or coating on
metal), cleaning to Visual Standard No. 3, Commercial Blast Cleaned Surface
Finish, of the National Association of Corrosion Engineers (NACE). A person
shall verify compliance with standard No. 3 by visually inspecting all cleaned
areas.
(4) The decontamination standard for concrete is ≤10 μg/100 cm2 as
measured by a standard wipe test (§761.123) if the decontamination procedure is
commenced within 72 hours of the initial spill of PCBs to the concrete or
portion thereof being decontaminated.
(c) Self-implementing decontamination procedures. The following
self-implementing decontamination procedures are available as an alternative to
the measurement-based decontamination methods specified in paragraph (b) of this
section. Any person performing self-implementing decontamination must comply
with one of the following procedures.
(1) Any person decontaminating a PCB Container must do so by flushing the
internal surfaces of the container three times with a solvent containing <50
ppm PCBs. Each rinse shall use a volume of the flushing solvent equal to
approximately 10 percent of the PCB Container capacity.
(2) Any person decontaminating movable equipment contaminated by PCBs, tools,
and sampling equipment may do so by:
(i) Swabbing surfaces that have contacted PCBs with a solvent;
(ii) A double wash/rinse as defined in subpart S of this part; or
(iii) Another applicable decontamination procedure in this section.
(3) Any person decontaminating a non-porous surface in contact with
free-flowing mineral oil dielectric fluid (MODEF) at levels ≤10,000 ppm PCBs
must do so as follows:
(i) Drain the free-flowing MODEF and allow the residual surfaces to drain for
an additional 15 hours.
(ii) Dispose of drained MODEF according to paragraph (g) of this section.
(iii) Soak the surfaces to be decontaminated in a sufficient amount of clean
(containing <2 ppm PCBs) performance-based organic decontamination fluid
(PODF) such that there is a minimum of 800 ml of PODF for each 100
cm2 of contaminated or potentially contaminated surface for at least
15 hours at ≥20 °C.
(iv) Approved PODFs include:
(A) Kerosene.
(B) Diesel fuel.
(C) Terpene hydrocarbons.
(D) Mixtures of terpene hydrocarbons and terpene alcohols.
(v) Drain the PODF from the surfaces.
(vi) Dispose of the drained PODF in accordance with paragraph (g) of this
section.
(4) Any person decontaminating a non-porous surface in contact with
free-flowing MODEF containing >10,000 ppm PCB in MODEF or askarel PCB (up to
70 percent PCB in a mixture of trichlorobenzenes and tetrachlorobenzenes) must
do so as follows:
(i) Drain the free-flowing MODEF or askarel and allow the residual surfaces
to drain for an additional 15 hours.
(ii) Dispose of drained MODEF or askarel according to paragraph (g) of this
section.
(iii) Soak the surfaces to be decontaminated in a sufficient amount of clean
PODF (containing <2 ppm PCBs) such that there is a minimum of 800 ml of PODF
for each 100 cm2 of contaminated or potentially contaminated surface
for at least 15 hours at ≥20 °C.
(iv) Approved PODFs include:
(A) Kerosene.
(B) Diesel fuel.
(C) Terpene hydrocarbons.
(D) Mixtures of terpene hydrocarbons and terpene alcohols.
(v) Drain the PODF from the surfaces.
(vi) Dispose of the drained PODF in accordance with paragraph (g) of this
section.
(vii) Resoak the surfaces to be decontaminated, pursuant to paragraph
(c)(3)(iii) of this section, in a sufficient amount of clean PODF (containing
<2 ppm PCBs) such that there is a minimum of 800 ml of PODF for each 100
cm2 of surface for at least 15 hours at ≥20 °C.
(viii) Drain the PODF from the surfaces.
(ix) Dispose of the drained PODF in accordance with paragraph (g) of this
section.
(5) Any person decontaminating piping and air lines in an air compressor
system must do so as follows:
(i) Before decontamination proceeds, disconnect or bypass the air compressors
and air dryers from the piping and air lines and decontaminate the air
compressors and air dryers separately in accordance with paragraphs (b), (c)(1)
through (c)(4), or (c)(6) of this section. Dispose of filter media and desiccant
in the air dyers based on their existing PCB concentration.
(ii) Test the connecting line and appurtenances of the system to assure that
there is no leakage. Test by introducing air into the closed system at from 90
to 100 pounds per square inch (psi). Only if there is a pressure drop of <5
psi in 30 minutes may decontamination take place.
(iii) When there is no leakage, fill the piping and air lines with clean
(containing <2 ppm PCBs) solvent. Solvents include PODF, aqueous potassium
hydroxide at a pH between 9 and 12, or water containing 5 percent sodium
hydroxide by weight.
(iv) Circulate the solvent to achieve turbulent flow through the piping and
air lines in the air compressor system until the total volume of solvent
circulated equals 10 times the total volume of the particular article being
decontaminated, then drain the solvent. Calculate the total volume of solvent
circulated by multiplying the pump rate by the time of pumping. Turbulent flow
means a Reynolds number range from 20,000 to 43,000. Refill the system with
clean solvent and repeat the circulation and drain process.
(6) Any person using thermal processes to decontaminate metal surfaces in
contact with PCBs, as required by §761.62(a)(6), must use one of the following
options:
(i) Surfaces in contact with liquid and non-liquid PCBs at concentrations
<500 ppm may be decontaminated in a scrap metal recovery oven or smelter for
purposes of disposal in accordance with §761.72.
(ii) Surfaces in contact with liquid or non-liquid PCBs at concentrations
≥500 ppm may be smelted in a smelter operating in accordance with §761.72(b),
but must first be decontaminated in accordance with §761.72(a) or to a surface
concentration of <100 μg/100 cm2.
(d) Decontamination solvents. (1) Unless otherwise provided in
paragraphs (c)(3) through (c)(5) of this section, the solubility of PCBs in any
solvent used for purposes of decontamination under this section must be 5
percent or more by weight.
(2) The solvent may be reused for decontamination so long as its PCB
concentration is <50 ppm.
(3) Solvent shall be disposed of under paragraph (g) of this section.
(4) Other than as allowed in paragraphs (c)(3) and (c)(4) of this section,
solvents may be tested and validated for performance-based decontamination of
non-porous surfaces contaminated with MODEF or other PCB liquids, in accordance
with the self-implementing procedures found in subpart T of this part. Specific
conditions for the performance-based testing from this validation are determined
in the validation study.
(e) Limitation of exposure and control of releases. (1) Any person
conducting decontamination activities under this section shall take necessary
measures to protect against direct release of PCBs to the environment from the
decontamination area.
(2) Persons participating in decontamination activities shall wear or use
protective clothing or equipment to protect against dermal contact or inhalation
of PCBs or materials containing PCBs.
(f) Sampling and recordkeeping. (1) Confirmatory sampling is required
under paragraph (b) of this section. For liquids described in paragraphs (b)(1)
and (b)(2) of this section, sample in accordance with §§ 761.269 and 761.272.
For non-porous surfaces and concrete described in paragraphs (b)(3) and (b)(4)
of this section, sample in accordance with subpart P of this part. A written
record of such sampling must be established and maintained for 3 years from the
date of any decontamination under this section. The record must show sampling
locations and analytical results and must be retained at the site of the
decontamination or a copy of the record must be made available to EPA in a
timely manner, if requested. In addition, recordkeeping is required in
accordance with §761.180(a) for all wastes generated by a decontamination
process and regulated for disposal under this subpart.
(2) Confirmatory sampling is not required for self-implementing
decontamination procedures under paragraph (c) of this section. Any person using
these procedures must retain a written record documenting compliance with the
procedures for 3 years after completion of the decontamination procedures (e.g.,
video recordings, photographs).
(g) Decontamination waste and residues. Decontamination waste and
residues shall be disposed of at their existing PCB concentration unless
otherwise specified.
(1) Distillation bottoms or residues and filter media are regulated for
disposal as PCB remediation waste.
(2) PCBs physically separated from regulated waste during decontamination
(such as by chopping, shredding, scraping, abrading or oil/water separation, as
opposed to solvent rinsing and soaking), other than wastes described in
paragraph (g)(1) of this section, are regulated for disposal at their original
concentration.
(3) Hydrocarbon solvent used or reused for decontamination under this section
that contains <50 ppm PCB must be burned and marketed in accordance with the
requirements for used oil in §761.20(e), disposed of in accordance with
§761.60(a) or (e), or decontaminated pursuant to this section.
(4) Chlorinated solvent at any PCB concentration used for decontamination
under this section shall be disposed of in an incinerator operating in
compliance with §761.70, or decontaminated pursuant to this section.
(5) Solvents ≥50 ppm other than those described in paragraphs (g)(3) and
(g)(4) of this section shall be disposed of in accordance with §761.60(a) or
decontaminated pursuant to this section.
(6) Non-liquid cleaning materials and personal protective equipment waste at
any concentration, including non-porous surfaces and other non-liquid materials
such as rags, gloves, booties, other disposable personal protective equipment,
and similar materials resulting from decontamination shall be disposed of in
accordance with §761.61(a)(5)(v).
(h) Alternative decontamination or sampling approval. (1) Any person
wishing to decontaminate material described in paragraph (a) of this section in
a manner other than prescribed in paragraph (b) of this section must apply in
writing to the EPA Regional Administrator in the Region where the activity would
take place, for decontamination activity occurring in a single EPA Region; or
the Director of the National Program Chemicals Division, for decontamination
activity occurring in more than one EPA Region. Each application must describe
the material to be decontaminated and the proposed decontamination method, and
must demonstrate that the proposed method is capable of decontaminating the
material to the applicable level set out in paragraphs (b)(1) through (b)(4) of
this section.
(2) Any person wishing to decontaminate material described in paragraph (a)
of this section using a self-implementing procedure other than prescribed in
paragraph (c) of this section must apply in writing to the EPA Regional
Administrator in the Region where the activity would take place, for
decontamination activity occurring in a single EPA Region; or the Director of
the National Program Chemicals Division, for decontamination activity occurring
in more than one EPA Region. Each application must describe the material to be
decontaminated and the proposed self-implementing decontamination method and
must include a proposed validation study to confirm performance of the method.
(3) Any person wishing to sample decontaminated material in a manner other
than prescribed in paragraph (f) of this section must apply in writing to the
EPA Regional Administrator in the Region where the activity would take place,
for decontamination activity occurring in a single EPA Region; or the Director
of the National Program Chemicals Division, for decontamination activity
occurring in more than one EPA Region. Each application must contain a
description of the material to be decontaminated, the nature and PCB
concentration of the contaminating material (if known), the decontamination
method, the proposed sampling procedure, and a justification for how the
proposed sampling is equivalent to or more comprehensive than the sampling
procedure required under paragraph (f) of this section.
(4) EPA may request additional information that it believes necessary to
evaluate the application.
(5) EPA will issue a written decision on each application for risk-based
decontamination or sampling. No person may conduct decontamination or sampling
under this paragraph prior to obtaining written approval from EPA. EPA will
approve an application if it finds that the proposed decontamination or sampling
method will not pose an unreasonable risk of injury to health or the
environment.
[63 FR 35457, June 29, 1998, as amended at 64 FR 33761, June 24,
1999] (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)-(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] Source: 61
FR 11107, Mar. 18, 1996, unless otherwise noted.
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.
(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] (a) General provisions. No person may export PCBs or PCB Items for disposal
without an exemption, except that:
(1) PCBs and PCB Items at concentrations <50 ppm (or <10 μg 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] 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] Source: 52 FR 10705, Apr. 2, 1987, unless otherwise noted.
(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.
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] (a) General. Unless expressly limited, the reporting, disposal, and
precleanup sampling requirements in paragraphs (a) (1) through (3) of this
section apply to all spills of PCBs at concentrations of 50 ppm or greater which
are subject to decontamination requirements under TSCA, including those spills
listed under §761.120(b) which are excluded from the cleanup standards at
paragraphs (b) and (c) of this section.
(1) Reporting requirements. The reporting in paragraphs (a)(1) (i)
through (iv) of this section is required in addition to applicable reporting
requirements under the Clean Water Act (CWA) or the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (CERCLA). For example, under the
National Contingency Plan all spills involving 1 pound or more by weight of PCBs
must currently be reported to the National Response Center (1-800-424-8802). The
requirements in paragraphs (a)(1) (i) through (iv) of this section are designed
to be consistent with existing reporting requirements to the extent possible so
as to minimize reporting burdens on governments as well as the regulated
community.
(i) Where a spill directly contaminates surface water, sewers, or drinking
water supplies, as discussed under §761.120(d), the responsible party shall
notify the appropriate EPA regional office (the Office of Prevention, Pesticides
and Toxic Substances Branch) and obtain guidance for appropriate cleanup
measures in the shortest possible time after discovery, but in no case later
than 24 hours after discovery.
(ii) Where a spill directly contaminates grazing lands or vegetable gardens,
as discussed under §761.120(d), the responsible party shall notify the
appropriate EPA regional office (the Office of Prevention, Pesticides and Toxic
Substances Branch) and proceed with the immediate requirements specified under
paragraph (b) or (c) of this section, depending on the source of the spill, in
the shortest possible time after discovery, but in no case later than 24 hours
after discovery.
(iii) Where a spill exceeds 10 pounds of PCBs by weight and is not addressed
in paragraph (a)(1) (i) or (ii) of this section, the responsible party will
notify the appropriate EPA regional office (Pesticides and Toxic Substances
Branch) and proceed to decontaminate the spill area in accordance with this TSCA
policy in the shortest possible time after discovery, but in no case later than
24 hours after discovery.
(iv) Spills of 10 pounds or less, which are not addressed in paragraph (a)(1)
(i) or (ii) of this section, must be cleaned up in accordance with this policy
(in order to avoid EPA enforcement liability), but notification of EPA is not
required.
(2) Disposal of cleanup debris and materials. All concentrated soils,
solvents, rags, and other materials resulting from the cleanup of PCBs under
this policy shall be properly stored, labeled, and disposed of in accordance
with the provisions of subpart D of this part.
(3) Determination of spill boundaries in the absence of visible
traces. For spills where there are insufficient visible traces yet there is
evidence of a leak or spill, the boundaries of the spill are to be determined by
using a statistically based sampling scheme.
(b) Requirements for cleanup of low-concentration spills which involve
less than 1 pound of PCBs by weight (less than 270 gallons of untested mineral
oil) -- (1) Decontamination requirements. Spills of less than 270
gallons of untested mineral oil, low-concentration PCBs, as defined under
§761.123, which involve less than 1 pound of PCBs by weight (e.g., less than 270
gallons of untested mineral oil containing less than 500 ppm PCBs) shall be
cleaned in the following manner:
(i) Solid surfaces must be double washed/rinsed (as defined under §761.123);
except that all indoor, residential surfaces other than vault areas must be
cleaned to 10 micrograms per 100 square centimeters (10 μ g/100 cm2)
by standard commercial wipe tests.
(ii) All soil within the spill area (i.e., visible traces of soil and a
buffer of 1 lateral foot around the visible traces) must be excavated, and the
ground be restored to its original configuration by back-filling with clean soil
(i.e., containing less than 1 ppm PCBs).
(iii) Requirements of paragraphs (b)(1) (i) and (ii) of this section must be
completed within 48 hours after the responsible party was notified or became
aware of the spill.
(2) Effect of emergency or adverse weather. Completion of cleanup may
be delayed beyond 48 hours in case of circumstances including but not limited
to, civil emergency, adverse weather conditions, lack of access to the site, and
emergency operating conditions. The occurrence of a spill on a weekend or
overtime costs are not acceptable reasons to delay response. Completion of
cleanup may be delayed only for the duration of the adverse conditions. If the
adverse weather conditions, or time lapse due to other emergency, has left
insufficient visible traces, the responsible party must use a statistically
based sampling scheme to determine the spill boundaries as required under
paragraph (a)(3) of this section.
(3) Records and certification. At the completion of cleanup, the
responsible party shall document the cleanup with records and certification of
decontamination. The records and certification must be maintained for a period
of 5 years. The records and certification shall consist of the following:
(i) Identification of the source of the spill (e.g., type of equipment).
(ii) Estimated or actual date and time of the spill occurrence.
(iii) The date and time cleanup was completed or terminated (if cleanup was
delayed by emergency or adverse weather: the nature and duration of the delay).
(iv) A brief description of the spill location.
(v) Precleanup sampling data used to establish the spill boundaries if
required because of insufficient visible traces, and a brief description of the
sampling methodology used to establish the spill boundaries.
(vi) A brief description of the solid surfaces cleaned and of the double
wash/rinse method used.
(vii) Approximate depth of soil excavation and the amount of soil removed.
(viii) A certification statement signed by the responsible party stating that
the cleanup requirements have been met and that the information contained in the
record is true to the best of his/her knowledge.
(ix) While not required for compliance with this policy, the following
information would be useful if maintained in the records:
(A) Additional pre- or post-cleanup sampling.
(B) The estimated cost of the cleanup by man-hours, dollars, or both.
(c) Requirements for cleanup of high-concentration spills and
low-concentration spills involving 1 pound or more PCBs by weight (270 gallons
or more of untested mineral oil). Cleanup of low-concentration spills
involving 1 lb or more PCBs by weight and of all spills of materials other than
low-concentration materials shall be considered complete if all of the immediate
requirements, cleanup standards, sampling, and recordkeeping requirements of
paragraphs (c) (1) through (5) of this section are met.
(1) Immediate requirements. The four actions in paragraphs (c)(1) (i)
through (iv) of this section must be taken as quickly as possible and within no
more than 24 hours (or within 48 hours for PCB Transformers) after the
responsible party was notified or became aware of the spill, except that actions
described in paragraphs (c)(1) (ii) through (iv) of this section can be delayed
beyond 24 hours if circumstances (e.g., civil emergency, hurricane, tornado, or
other similar adverse weather conditions, lack of access due to physical
impossibility, or emergency operating conditions) so require for the duration of
the adverse conditions. The occurrence of a spill on a weekend or overtime costs
are not acceptable reasons to delay response. Owners of spilled PCBs who have
delayed cleanup because of these types of circumstances must keep records
documenting the fact that circumstances precluded rapid response.
(i) The responsible party shall notify the EPA regional office and the NRC as
required by §761.125(a)(1) or by other applicable statutes.
(ii) The responsible party shall effectively cordon off or otherwise
delineate and restrict an area encompassing any visible traces plus a 3-foot
buffer and place clearly visible signs advising persons to avoid the area to
minimize the spread of contamination as well as the potential for human
exposure.
(iii) The responsible party shall record and document the area of visible
contamination, noting the extent of the visible trace areas and the center of
the visible trace area. If there are no visible traces, the responsible party
shall record this fact and contact the regional office of the EPA for guidance
in completing statistical sampling of the spill area to establish spill
boundaries.
(iv) The responsible party shall initiate cleanup of all visible traces of
the fluid on hard surfaces and initiate removal of all visible traces of the
spill on soil and other media, such as gravel, sand, oyster shells, etc.
(v) If there has been a delay in reaching the site and there are insufficient
visible traces of PCBs remaining at the spill site, the responsible party must
estimate (based on the amount of material missing from the equipment or
container) the area of the spill and immediately cordon off the area of suspect
contamination. The responsible party must then utilize a statistically based
sampling scheme to identify the boundaries of the spill area as soon as
practicable.
(vi) Although this policy requires certain immediate actions, as described in
paragraphs (c)(1)(i) through (iv) of this section, EPA is not placing a time
limit on completion of the cleanup effort since the time required for completion
will vary from case to case. However, EPA expects that decontamination will be
achieved promptly in all cases and will consider promptness of completion in
determining whether the responsible party made good faith efforts to clean up in
accordance with this policy.
(2) Requirements for decontaminating spills in outdoor electrical
substations. Spills which occur in outdoor electrical substations, as
defined under §761.123, shall be decontaminated in accordance with paragraphs
(c)(2) (i) and (ii) of this section. Conformance to the cleanup standards under
paragraphs (c)(2) (i) and (ii) of this section shall be verified by post-cleanup
sampling as specified under §761.130. At such times as outdoor electrical
substations are converted to another use, the spill site shall be cleaned up to
the nonrestricted access requirements under paragraph (c)(4) of this section.
(i) Contaminated solid surfaces (both impervious and non-impervious) shall be
cleaned to a PCB concentration of 100 micrograms (μ 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 μ g/100 cm 2 (as measured by standard wipe tests).
(ii) Low-contact, indoor, impervious solid surfaces will be decontaminated to
10 μ g/100 cm 2.
(iii) At the option of the responsible party, low-contact, indoor,
nonimpervious surfaces will be cleaned either to 10 μ g/100 cm 2 or
to 100 μ g/100 cm 2 and encapsulated. The Regional Administrator,
however, retains the authority to disallow the encapsulation option for a
particular spill situation upon finding that the uncertainties associated with
that option pose special concerns at that site. That is, the Regional
Administrator would not permit encapsulation if he/she determined that if the
encapsulation failed the failure would create an imminent hazard at the site.
(iv) Low-contact, outdoor surfaces (both impervious and nonimpervious) shall
be cleaned to 100 μg/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 μ 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 μ g/100 cm 2.
(iv) At the option of the responsible party, low-contact, outdoor,
nonimpervious solid surfaces shall be either cleaned to 10 μ g/100 cm
2 or cleaned to 100 μ 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] 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] (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. 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 O (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] (a) In addition to meeting the basic requirements of §761.1(f) and the
definition of excluded manufacturing processes at §761.3, manufacturers with
processes inadvertently generating PCBs and importers of products containing
inadvertently generated PCBs must report to EPA any excluded manufacturing
process or imports for which the concentration of PCBs in products leaving the
manufacturing site or imported is greater than 2 micrograms per gram (2 μg/g,
roughly 2 ppm) for any resolvable gas chromatographic peak. Such reports must be
filed by October 1, 1984 or, if no processes or imports require reports at the
time, within 90 days of having processes or imports for which such reports are
required.
(b) Manufacturers required to report by paragraph (a) of this section must
transmit a letter notifying EPA of the number, the type, and the location of
excluded manufacturing processes in which PCBs are generated when the PCB level
in products leaving any manufacturing site is greater than 2 μg/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 μg/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] 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] (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] Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.
(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.
(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] (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] (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.
(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] (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] (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] (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] (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] Source: 63
FR 35462, June 29, 1998, unless otherwise noted.
(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.
(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.
(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 (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] 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] (a) Extract PCBs from the standard wipe sample collection medium and clean-up
the extracted PCBs in accordance with either Method 3500B/3540C or Method
3500B/3550B from EPA's SW-846, Test Methods for Evaluating Solid Waste, or a
method validated under subpart Q of this part. Use Method 8082 from SW-846, or a
method validated under subpart Q of this part, to analyze these extracts for
PCBs.
(b) Report all PCB sample concentrations in μg/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).
(a) For purposes of removal for disposal of a pipe segment that has been
sampled, the sample results for that segment determines its PCB surface
concentration. Determine the PCB surface concentration of a segment which was
not sampled as follows:
(1) If the unsampled pipe segment is between two pipe segments which have
been sampled, assume that the unsampled segment has the same PCB surface
concentration as the nearest sampled pipe segment.
(2) If an unsampled pipe segment is equidistant between two pipe segments
which have been sampled, assume the PCB surface concentration of the unsampled
segment to be the arithmetic mean of the PCB surface concentrations measured in
the two equidistant, sampled, pipe segments.
(b) For purposes of abandonment of a pipeline section, assume that the PCB
surface concentration for an entire pipeline section is the arithmetic mean of
the PCB surface concentrations measured at the ends of the pipeline section. If
additional representative samples were taken in a pipeline section, assume that
the PCB surface concentration for the entire pipeline section is the arithmetic
mean of the concentrations measured in all representative samples taken.
(c) For purposes of removal for disposal under §761.60(b)(5)(ii)(A)(1)
or abandonment under §761.60(b)(5)(i)(B), if the surface PCB concentration of a
pipe segment, determined by direct measurement or in accordance with paragraph
(a) of this section, or of a pipeline section as determined in accordance with
paragraph (b) of this section, is >10 μg/100 cm2, but <100
μg/100 cm2, then that segment or section is PCB-Contaminated.
Source: 63
FR 35464, June 29, 1998, unless otherwise noted.
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).
(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.
(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.
(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.
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.
(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 μg/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). Source: 63
FR 35465, June 29, 1998, unless otherwise noted.
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.
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.
At each selected sampling location for bulk PCB remediation waste or porous
surfaces, collect at least 20 milliliters of waste, or a portion of sufficient
weight for the chemical analyst to measure the concentration of PCBs and still
have sufficient analytical detection sensitivity to reproducibly measure PCBs at
the levels designated in §761.61(a)(4). Use a core sampler having a diameter ≥2
cm and ≤3 cm. Collect waste to a maximum depth of 7.5 cms.
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.
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.
(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.
(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. Source: 63
FR 35467, June 29, 1998, unless otherwise noted.
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.
(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.
(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.
(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 (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 ( (ii) A coin flip selects the top half. The dimensions of this selected
surface area are (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 (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 ( (ii) A coin flip selects the bottom half. The dimensions of this selected
surface area are (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 (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 ( (ii) A coin flip selects the top half. The dimensions of this selected
surface are (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.
(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.
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.
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.
Perform the chemical analysis of standard wipe test samples in accordance
with §761.272. Report sample results in micrograms per 100 cm2.
(a) For an individual sample taken from an approximately 1 meter square
portion of the entire surface area and not composited with other samples, the
status of the portion is based on the surface concentration measured in that
sample. If the sample surface concentration is not equal to or lower than the
cleanup level, by inference the entire 1 meter area, and not just the immediate
area where the sample was taken, is not equal to or lower than the cleanup
level.
(b) For areas represented by the measurement results from compositing more
than one 10 centimeter by 10 centimeter sample, the measurement for the
composite is the measurement for the entire area. For example, when there is a
composite of 10 standard wipe test samples representing 9.5 square meters of
surface area and the result of the analysis of the composite is 20 μg/100
cm2, then the entire 9.5 square meters has a PCB surface
concentration of 20 μg/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. Source: 63
FR 35468, June 29, 1998, unless otherwise noted.
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.
(a) The comparison study requires analysis of a minimum of 10 samples
weighing at least 300 grams each. Samples of PCB remediation waste used in the
comparison study must meet the following three requirements.
(1) The samples must either be taken from the PCB remediation waste at the
cleanup site, or must be the same kind of material as that waste. For example,
if the waste at the cleanup site is sandy soil, you must use the same kind of
sandy soil in the comparison study. Do not use unrelated materials such as clay
soil or dredged sediments in place of sandy soil.
(2) PCB remediation waste may contain interferences which confound or hamper
sample extraction and chemical analysis. These interferences may be from
chemicals or other attributes preexisting in the waste material, resulting from
the PCB contamination source, or resulting from treatment to remove or destroy
PCBs. Comparison study samples must also contain these interfering materials to
demonstrate successful analysis in their presence. For example, a PCB
remediation waste may have been co-disposed with chlorobenzene solvents or
chlorinated pesticides. These chlorinated compounds would have to be present in
the comparison study compounds at the same levels found, or at the highest
levels expected to be found, in the PCB remediation waste. As another example,
for PCB remediation waste which had been solvent washed with liquid amines to
remove PCBs, comparison study samples would have to contain concentrations of
these amines at the same levels found, or at the highest levels expected to be
found, in the PCB remediation waste.
(b) Prior to initiating the comparison study, confirm the following PCB
concentrations in the comparison study samples using the methods specified in
§761.292. All samples of non-liquid PCB remediation waste must have PCB
concentrations between 0.1 and 150 ppm.
(1) A minimum of three comparison study samples must have PCB concentrations
above the cleanup level specified for the site in §761.61(a)(4) and a minimum of
three comparison study samples must have PCB concentrations below the specified
cleanup level.
(2) At least one comparison study sample must have a PCB concentration ≥90
percent and ≤100 percent of the cleanup level.
(3) At least one comparison study sample must have a PCB concentration ≥100
percent and ≤110 percent of the cleanup level.
(c) If the comparison study samples do not have the concentrations or
concentration ranges required by paragraph (b) of this section, for purposes of
use in this chemical extraction and chemical analysis comparison study, a person
may adjust PCB concentrations by dilution. Any excess material resulting from
the preparation of these samples, which is not used as an analytical sample, is
regulated as the PCB concentration in the component having the highest PCB
concentration of the component materials in the sample.
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). Source: 63
FR 35469, June 29, 1998, unless otherwise noted.
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.
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.
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.
(a) General. Sample piles that are either specifically configured for
sampling (see paragraph (b) of this section) or that are of conical shape (see
paragraph (c) of this section). If sampling from either of these shapes is not
possible, conduct contemporaneous sampling, in accordance with the procedures in
§761.348, or obtain the approval of the Regional Administrator for an alternate
sampling plan in accordance with §761.62(c).
(b) Specifically configured piles. A specifically configured pile is a
single flattened pile in the shape of a square or rectangle having no
restrictions on length or width but restricted to 30 cm (1 foot) in depth. A
square shaped pile facilitates sampling site selection for the first level
sample. Select eight 19-liter samples from the pile and composite them into one
19-liter sample as follows:
(1) Divide the pile into quarters.
(2) Divide each of the quarter sections into quarters (i.e., into sixteenths
of the original pile).
(3) Select two sixteenths from each of the four quarters, according to one of
the two following options:
(i) Randomly select the two sixteenths from one quarter and sample the
sixteenths occupying the same positions in each of the other three quarters.
(ii) Randomly select two sixteenths from each of the four quarters (i.e.,
perform a random selection four different times).
(4) At this point the eight selected sixteenths undergo further division and
sample selection. Divide each of the eight selected sixteenths into four equal
parts. Using a random number generator or random number table, select one of the
four equal parts from each of the eight equal areas. If each of the four equal
parts has a volume >76 liters when projected downwards 30 cm, continue to
divide each selected area into four equal parts, and select one of the parts,
until each selected area has a volume of <76 liters but ≥19 liters. When
projected to a depth of 30 cm, a square having a 25 cm side or a circle having a
diameter of approximately 28.5 cm equals a volume of approximately 19 liters.
The volume of 76 liters is equal to the volume enclosed by a square having a
side of 50 cm (or other shape having an area of 250 cm2) projected to
a depth of 30 cm.
(5) Take one sample of approximately 19 unsorted liters of waste from each of
the eight selected areas. Place each sample into a separate 19-liter container,
allowing only sufficient space at the top of the container to secure the lid.
(6) Composite the eight 19-liter samples in accordance with §761.350.
(c) Conical-shaped piles. If it is necessary to sample a pile which is
too large to be spread on the site to a uniform thickness of 1 foot or 30 cm, or
if there are too many piles to spread out in the space available, use the
following procedure to sample the piles. This procedure assumes that the shape
of the piles is analogous to a cone; that is, having a circular base with PCB
bulk product waste or PCB remediation waste destined for off-site disposal
stacked up uniformly to a peak that is a point centered above the center of the
circular base. Collect eight 19-liter samples as follows:
(1) Collecting samples from more than one pile. If the PCB bulk
product waste or PCB remediation waste consists of more than one pile or
container, assign each pile or container an integer number and then generate
seven random integer numbers to select the piles from which you will collect
samples. It is possible that this random selection procedure will result in
selecting the same pile number more than once, even if seven or more piles are
present. If so, sample the pile once and restart the sampling collection process
to collect additional samples. Do not collect multiple samples from the same
location in the pile.
(2) Collecting samples from a single pile. If only one pile or
container is present, collect all eight samples from the same pile.
(3) Setting up the sample site selection system from a pile. Locate a
sample in a pile by the use of three parameters: a particular radial direction,
"r," from the peak at the center of the pile to the outer edge at the base of
the pile; a point, "s," along that radial direction between the peak of the pile
and the outer edge of the base of the pile; and a depth, "t", beneath point "s."
The top of the sample material will be below depth t, at point s,
on radius r. Use a rod, dowel, stake, or broom handle as a marker. Nail
or otherwise fasten to the top of the marker two pieces of string or cord of
sufficient length and strength to reach from the top of the marker at the top of
the pile to the farthest peripheral edge at the bottom of the pile, when the
marker is positioned at the top or apex of the pile. Pound or push the marker
into the top center (apex) of the pile, downward toward the center of the base.
Insert the marker for at least 30 cm or one foot until the marker is rigidly
standing on its own, even when the cord is pulled tight to the bottom peripheral
edge of the pile. Ensure that the marker protrudes from the top of the pile
sufficiently to allow the strings to move easily around the pile when they are
pulled tight. Select the three parameters and the sampling location as follows:
(i) Determine the radial component (r) of the location for each sample.
(A) Tie to a stake or otherwise fasten one of the strings at "b," the bottom
of the pile, as a reference point for finding r.
(B) Measure the circumference "c," the distance around the bottom of the
pile. Determine r from b in one of two ways:
(1) Multiply c by a randomly generated fraction or percentage
of one.
(2) Select a random number between one and the total number of
centimeters in c.
(C) Locate r by starting at b, the place where the fixed string
meets the base of the pile, and travel clockwise around the edge of the pile at
the base for the distance you selected in paragraph (c)(3)(i)(B) of this
section.
(D) Fasten the second string at the selected distance. The second string
marks the first parameter r.
(ii) Determine the second parameter s of the location for each sample.
(A) Measure the distance, l, along the string, positioned in paragraph
(c)(3)(i)(D) of this section, from the top to the bottom of the pile at the
selected radial distance r. Determine the distance s from l
in one of two ways:
(1) Multiply l by a randomly generated fraction or percentage
of one.
(2) Select a random number between one and the total number of
centimeters in l.
(B) Mark, for example by placing a piece of tape on the string positioned
according to paragraph (c)(3)(i)(D) of this section, the distance s, up
from the bottom of the pile on the string at r.
(iii) Determine the third and final parameter t of the location for
each sample.
(A) Mark and number 1 cm intervals from one end of a rigid device, for
example a rod, dowel, stake, or broom handle, for measuring the distance from
the top of the pile to the bottom at the point s selected in paragraph
(c)(3)(ii)(B) of this section. The marked and numbered device shall be of
sufficient strength to be forced down through the maximum depth of the pile and
sufficient length to measure the depth of the waste in the pile at any point.
(B) Take the measuring device, constructed according to paragraph
(c)(3)(iii)(A) of this section, and at position s, push the end of the device
marked with zero straight down into the pile until it reaches the bottom of the
pile or ground level. The vertical distance "v" is the number of centimeters
from the surface of the pile at point s on the string to the bottom of the pile
or ground level. Read the distance v on the measuring device at the
surface of the pile. From the distance v, determine t, in one of
two ways:
(1) Randomly generate a fraction of one and multiply the fraction
times v.
(2) Select a random number between zero and the total number of
centimeters of the vertical distance v.
(iv) Dig a hole straight down into the pile for t centimeters (inches)
from the surface of the pile at s.
(v) At depth t, directly under the s mark on the string, outline the
top of the sample container and collect (shovel) all waste under the outline in
the following order of preference in paragraphs (c)(3)(v)(A) through
(c)(3)(v)(C) of this section. It is possible that some of the eight sampling
locations will not provide 19 liters of sample.
(A) For a depth of 30 cm.
(B) Until the container is full.
(C) Until the ground level is reached.
(d) Compositing the samples. Composite the eight 19-liter samples and
subsample in accordance with §761.350. Send the subsample to a laboratory for
further sampling as described in §§761.353 and 761.355 and for chemical
extraction and analysis. If there is insufficient sample for a 19-liter sample
from the composite sample composed of the eight iterations of sample site
selection, according to the procedures in paragraphs (c)(3)(i) through (c)(3)(v)
of this section, select additional sample sites, collect additional samples and
composite the additional waste in the samples until a minimum of 19 liters is in
the composite.
[63 FR 35469, June 29, 1998, as amended at 64 FR 33762, June 24,
1999] 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.
(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.
The second level of sample selection reduces the size of the 19-liter
subsample that was collected according to either §761.347 or §761.348 and
subsampled according to §761.350. The purpose of the sample size reduction is to
limit the amount of time required to manually cut up larger particles of the
waste to pass through a 9.5 millimeter (mm) screen.
(a) Selecting a portion of the subsample for particle size reduction.
At the chemical extraction and analysis laboratory, pour the 19-liter subsample
onto a plastic sheet or into a pan and divide the subsample into quarters. Use a
random number generator or random number table to select one of these quarters.
(b) Reduction of the particle size by the use of a 9.5 mm screen.
Collect the contents of the selected quarter of waste resulting from conducting
the procedures in paragraph (a) of this section and shake the waste in a 9.5 mm
screen. Separate the waste material which passes through the screen from the
waste material which does not pass through the screen. Manually cut or otherwise
reduce the size of all parts of the waste portion which did not pass through the
9.5 mm screen, such that each part of the waste shall pass through the 9.5 mm
screen by shaking.
(c) Drying the reduced particle size waste. Dry all of the waste portion
resulting from conducting the procedures in paragraph (b) of this section, from
10 to 15 hours in a drying oven at 100 °C. Allow the dried waste to cool to room
temperature.
(d) Mixing the dried waste. Place all of the waste resulting from
conducting the procedures in paragraph (c) of this section in a 19-liter pail or
similarly sized, cylinder-shaped container. Mix the dried material according to
one of the two following options:
(1) First mixing option. Completely close the container and roll the
container a minimum of 10 complete revolutions to mix the contents.
(2) Second mixing option. Use a sturdy stirring rod, such as a broom
handle or other device that reaches the bottom of the container, to stir the
waste for a minimum of 10 complete revolutions around the container at a
distance approximately half way between the outside and the center of the
container.
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.
No method is specified as a 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.
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.
Report all sample concentrations as ppm by weight on a dry weight basis.
Source: 63
FR 35472, June 29, 1998, unless otherwise noted.
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.
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).
(a) Use scrubbers and absorbent pads that are not dissolved by the solvents
or cleaners used, and that do not shred, crumble, or leave visible fragments on
the surface. Scrubbers and absorbent pads used to wash contaminated surfaces
must not be reused. Scrubbers and absorbent pads for rinsing must not contain ≥2
ppm PCBs. Scrubbers and absorbent pads used in the second rinse of contaminated
surfaces may be reused to wash contaminated surfaces.
(b) Capture and contain all solvents and cleaners for reuse, decontamination,
or disposal. Clean organic solvents contain <2 ppm PCBs. Clean water contains
<3 ppb PCBs.
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.
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.
(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).
(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. Source: 63
FR 35473, June 29, 1998, unless otherwise noted.
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.
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.
The following experimental conditions apply for any solvent:
(a) Temperature and pressure. Conduct the validation study and perform
decontamination at room temperature (from ≥15 °C to ≤30 °C) and at atmospheric
pressure.
(b) Agitation. Limit the movement in the solvent to the short-term
movement from placing the contaminated surface into the soak solvent and from
removing the surface from the soak solvent.
(c) Time of soak. Soak the surface for a minimum of 1 hour.
(d) Surface conditions for the validation study. Prior to beginning
the validation study, ensure that there are no free-flowing liquids on surfaces
and that surfaces are dry (i.e., there are no liquids visible without
magnification). Also ensure that surfaces are virtually free from non-liquid
residues, corrosion, and other defects which would prevent the solvent from
freely circulating over the surface.
(e) Confirmatory sampling for the validation study. Select surface
sample locations using representative sampling or a census. Sample a minimum
area of 100 cm2 on each individual surface in the validation study.
Measure surface concentrations using the standard wipe test, as defined in
§761.123, from which a standard wipe sample is generated for chemical analysis.
Guidance for wipe sampling appears in the document entitled "Wipe Sampling and
Double Wash/Rinse Cleanup as Recommended by the Environmental Protection Agency
PCB Spill Cleanup Policy," available from the TSCA Assistance Information
Service, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
(f) Concentration of PCBs. The method validated may be used only to
decontaminate surfaces containing PCBs at concentrations on which the validation
study was performed and lower concentrations.
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.
(a)(1) To validate a procedure to decontaminate a surface contaminated with a
spill from liquid of a known concentration, contaminate (spike) the surface to
be used in the validation study as follows:
(i) Use a spiking solution made of PCBs mixed with a solvent to contaminate
clean surfaces. Clean surfaces are surfaces having PCB surface concentrations
<1 μg/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 μg/100 cm2.
(2) To validate a procedure to decontaminate a specified surface
concentrations of PCBs as measured by a standard wipe sample, contaminate a
minimum of 10 surfaces. Contaminate all the surfaces identically following the
procedures in paragraph (a)(1) of this section and measure the PCB surface
concentrations of at least three of the surfaces using a standard wipe test to
establish a surface concentration to be included in the standard operating
procedure. The surface levels of PCBs on the contaminated surfaces must be ≥20
μg/100 cm2.
(b) [Reserved]
(a) Decontaminate the following prepared sample surfaces using the selected
testing parameters and experimental conditions. Take a standard wipe sample of
the decontaminated surface.
(1) At least one uncontaminated surface. The surface levels of PCBs on the
uncontaminated surface must be <1 μg/100 cm2.
(2) At least seven contaminated surfaces.
(b)(1) Use SW-846, Test Methods for Evaluating Solid Waste methods for sample
extraction and chemical analysis as follows: Use Method 3500B/3540C or Method
3500B/3550B for the extraction and cleanup of the extract and Method 8082 for
the chemical analysis, or methods validated under subpart Q of this part.
(2) Report all validation study surface sample concentrations on the basis of
micrograms of PCBs per 100 cm2 of surface sampled.
(c) Following completion of the validation study, measurements from the
contaminated surfaces must have an arithmetic mean of ≤10 μg/100 cm2.
If the arithmetic mean is >10 μg/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.
(a) Submit validation study results to the Director, National Program
Chemicals Division (NPCD), (7404), Office of Pollution Prevention and Toxics,
1200 Pennsylvania Ave., NW., Washington, DC, prior to the first use of a new
solvent for alternate decontamination under §761.79(d)(4). The use of a new
solvent is not TSCA Confidential Business Information (CBI). From time to time,
the Director of NPCD will confirm the use of validated new decontamination
solvents and publish the new solvents and validated decontamination procedures
in the FEDERAL REGISTER.
(b) Any person may begin to use solvent validated in accordance with this
subpart at the time results are submitted to EPA.
(c) Record all testing parameters and experimental conditions from the
successful validation study into a standard operating procedure (SOP) for
reference whenever the decontamination procedure is used. Include in the SOP the
identity of the soaking solvent, the length of time of the soak, and the ratio
of the soak solvent to contaminated surface area during the soaking process.
Also include in the SOP the maximum concentration of PCBs in the spilled
material and the identity of the spilled material, and/or the measured maximum
surface concentration of the contaminated surface used in the validation study.
Record and keep the results of the validation study as an appendix to the SOP.
Include in this appendix, the solvent used to make the spiking solution, the PCB
concentration of the spiking solution used to contaminate the surfaces in the
validation study, and all of the validation study testing parameters and
experimental conditions.
[TOP]
§761.19
References.
------------------------------------------------------------------------
References CFR Citation
------------------------------------------------------------------------
ASTM D 93 - 90 Standard Test § 761.71(b)(2)(vi); §
Methods for Flash Point by Pensky- 761.75(b)(8)(iii)
Martens Closed Tester.
1 1 ASTM D 129-64 (Reapproved § 761.71(b)(2)(vi)
1978) Standard Test Method for
Sulfur in Petroleum Products
(General Bomb Method).
ASTM D 240-87 Standard Test Method § 761.71(b)(2)(vi)
for Heat of Combustion of Liquid
Hydrocarbon Fuel by Bomb
Calorimeter.
ASTM D 482-87 Standard Test Method § 761.71(b)(2)(vi)
for Ash from Petroleum Products.
ASTM D 524-88 Standard Test Method § 761.71(b)(2)(vi)
for Ramsbottom Carbon Residue of
Petroleum Products.
ASTM D 808-87 Standard Test Method § 761.71(b)(2)(vi)
for Chlorine in New and Used
Petroleum Products (Bomb Method).
ASTM D 923-86 Standard Test Method § 761.60(g)(1)(ii); (g)(2)(ii)
for Sampling Electrical Insulating
Liquids.
ASTM D 923-89 Standard Methods of § 761.60(g)(1)(ii); (g)(2)(ii)
Sampling Electrical Insulating
Liquids.
ASTM D 1266-87 Standard Test Method § 761.71(b)(2)(vi)
for 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 § 761.71(b)(2)(vi)
for Residues in Liquified
Petroleum (LP) Gases.
ASTM D 2709-88 Standard Test Method § 761.71(b)(2)(vi)
for Water and Sediment in
Distillate Fuels by Centrifuge.
ASTM D 2784-89 Standard Test Method § 761.71(b)(2)(vi)
for Sulfur in Liquified Petroleum
Gases (Oxy-hydrogen Burner or
Lamp).
ASTM D 3178-84 Standard Test § 761.71(b)(2)(vi)
Methods for Carbon and Hydrogen in
the Analysis Sample of Coke and
Coal.
ASTM D 3278-89 Standard Test § 761.75(b)(8)(iii)
Methods for Flash Point of Liquids
by Setaflash Closed-Cup Apparatus.
ASTM E 258-67 (Reapproved 1987) § 761.71(b)(2)(vi)
Standard Test Method for Total
Nitrogen Inorganic Material by
Modified KJELDAHL Method.
------------------------------------------------------------------------
[TOP]
§761.20
Prohibitions and exceptions.
[TOP]
§761.30
Authorizations.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[TOP]
§761.35
Storage for reuse.
[TOP]
§761.40
Marking requirements.
[TOP]
§761.45
Marking formats.
[TOP]
§761.50
Applicability.
[TOP]
§761.60
Disposal requirements.
[TOP]
§761.61
PCB remediation waste.
[TOP]
§761.62
Disposal of PCB bulk product waste.
[TOP]
§761.63
PCB household waste storage and disposal.
[TOP]
§761.64
Disposal of wastes generated as a result of research and development
activities authorized under §761.30(j) and chemical analysis of PCBs.
[TOP]
§761.65
Storage for disposal.
[TOP]
§761.70
Incineration.
[TOP]
§761.71
High efficiency boilers.
[TOP]
§761.72
Scrap metal recovery ovens and smelters.
[TOP]
§761.75
Chemical waste landfills.
[TOP]
§761.77
Coordinated approval.
[TOP]
§761.79
Decontamination standards and procedures.
[TOP]
§761.80
Manufacturing, processing and distribution in commerce exemptions.
[TOP]
§761.91
Applicability.
[TOP]
§761.93
Import for disposal.
[TOP]
§761.97
Export for disposal.
[TOP]
§761.99
Other transboundary shipments.
[TOP]
§761.120
Scope.
[TOP]
§761.123
Definitions.
[TOP]
§761.125
Requirements for PCB spill cleanup.
[TOP]
§761.130
Sampling requirements.
[TOP]
§761.135
Effect of compliance with this policy and
enforcement.
[TOP]
§761.180
Records and monitoring.
[TOP]
§761.185
Certification program and retention of records by importers and persons
generating PCBs in excluded manufacturing processes.
[TOP]
§761.187
Reporting importers and by persons generating PCBs in excluded manufacturing
processes.
[TOP]
§761.193
Maintenance of monitoring records by persons who import, manufacture,
process, distribute in commerce, or use chemicals containing inadvertently
generated PCBs.
[TOP]
§761.202
EPA identification numbers.
[TOP]
§761.205
Notification of PCB waste activity (EPA Form 7710-53).
[TOP]
§761.207
The manifest -- general requirements.
[TOP]
§761.208
Use of the manifest.
[TOP]
§761.209
Retention of manifest
records.
[TOP]
§761.210
Manifest discrepancies.
[TOP]
§761.211
Unmanifested waste report.
[TOP]
§761.215
Exception reporting.
[TOP]
§761.218
Certificate of disposal.
[TOP]
§761.240
Scope and definitions.
[TOP]
§761.243
Standard wipe sample method and size.
[TOP]
§761.247
Sample site selection for pipe segment removal.
[TOP]
§761.250
Sample site selection for pipeline section abandonment.
[TOP]
§761.253
Chemical analysis.
[TOP]
§761.257
Determining the regulatory status of sampled pipe.
[TOP]
§761.260
Applicability.
[TOP]
§761.265
Sampling bulk PCB remediation waste and porous surfaces.
[TOP]
§761.267
Sampling non-porous surfaces.
[TOP]
§761.269
Sampling liquid PCB remediation waste.
[TOP]
§761.272
Chemical extraction and analysis of samples.
[TOP]
§761.274
Reporting PCB concentrations in samples.
[TOP]
§761.280
Application and scope.
[TOP]
§761.283
Determination of the number of samples to collect and sample collection
locations.
[TOP]
§761.286
Sample size and procedure for collecting a sample.
[TOP]
§761.289
Compositing samples.
[TOP]
§761.292
Chemical extraction and analysis of individual samples and composite
samples.
[TOP]
§761.295
Reporting and recordkeeping of the PCB concentrations in samples.
[TOP]
§761.298
Decisions based on PCB concentration measurements resulting from
sampling.
[TOP]
§761.300
Applicability.
[TOP]
§761.302
Proportion of the total surface area to sample.
[TOP]
§761.304
Determining sample location.
[TOP]
§761.306
Sampling 1 meter square surfaces by random selection of halves.
[TOP]
§761.308
Sample selection by random number generation on any two-dimensional square
grid.
[TOP]
§761.310
Collecting the sample.
[TOP]
§761.312
Compositing of samples.
[TOP]
§761.314
Chemical analysis of standard wipe test samples.
[TOP]
§761.316
Interpreting PCB concentration measurements resulting from this sampling
scheme.
[TOP]
§761.320
Applicability.
[TOP]
§761.323
Sample preparation.
[TOP]
§761.326
Conducting the comparison study.
[TOP]
§761.340
Applicability.
[TOP]
§761.345
Form of the waste to be sampled.
[TOP]
§761.346
Three levels of sampling.
[TOP]
§761.347
First level sampling -- waste from existing piles.
[TOP]
§761.348
Contemporaneous sampling.
[TOP]
§761.350
Subsampling from composite samples.
[TOP]
§761.353
Second level of sample selection.
[TOP]
§761.355
Third level of sample selection.
[TOP]
§761.356
Conducting a leach test.
[TOP]
§761.357
Reporting the results of the procedure used to simulate leachate
generation.
[TOP]
§761.358
Determining the PCB concentration of samples of waste.
[TOP]
§761.359
Reporting the PCB concentrations in samples.
[TOP]
§761.360
Background.
[TOP]
§761.363
Applicability.
[TOP]
§761.366
Cleanup equipment.
[TOP]
§761.369
Pre-cleaning the surface.
[TOP]
§761.372
Specific requirements for relatively clean surfaces.
[TOP]
§761.375
Specific requirements for surfaces coated or covered with dust, dirt, grime,
grease, or another absorbent material.
[TOP]
§761.378
Decontamination, reuse, and disposal of solvents, cleaners, and
equipment.
[TOP]
§761.380
Background.
[TOP]
§761.383
Applicability.
[TOP]
§761.386
Required experimental conditions for the validation study and subsequent use
during decontamination.
[TOP]
§761.389
Testing parameter requirements.
[TOP]
§761.392
Preparing validation study samples.
[TOP]
§761.395
A validation study.
[TOP]
§761.398
Reporting and recordkeeping.