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]
[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.