CFR 2010 Title40 Vol30 Part761

Pt. 761 40 CFR Ch.
I (7–1–10 Edition)
PART 761—POLYCHLORINATED 761.123 Definitions.

761.125 Requirements for PCB spill cleanup.
BIPHENYLS (PCBs) MANUFAC- 761.130 Sampling requirements.
TURING, PROCESSING, DISTRIBU- 761.135 Effect of compliance with this policy
TION IN COMMERCE, AND USE and enforcement.
PROHIBITIONS
Subparts H–I [Reserved]
Subpart A—General
Subpart J—General Records and Reports
Sec.
761.1 Applicability. 761.180 Records and monitoring.
761.2 PCB concentration assumptions for 761.185 Certification program and retention
use. of records by importers and persons gen-
761.3 Definitions. erating PCBs in excluded manufacturing
761.19 References. processes.
761.187 Reporting importers and by persons
Subpart B—Manufacturing, Processing, Dis- generating PCBs in excluded manufac-
tribution in Commerce, and Use of turing processes.
761.193 Maintenance of monitoring records
PCBs and PCB Items by persons who import, manufacture,
761.20 Prohibitions and exceptions. process, distribute in commerce, or use
761.30 Authorizations. chemicals containing inadvertently gen-
761.35 Storage for reuse. erated PCBs.
Subpart C—Marking of PCBs and PCB Subpart K—PCB Waste Disposal Records
Items and Reports
761.40 Marking requirements. 761.202 EPA identification numbers.
761.45 Marking formats. 761.205 Notification of PCB waste activity
(EPA Form 7710-53).
Subpart D—Storage and Disposal 761.207 The manifest—general requirements.
761.208 Use of the manifest.
761.50 Applicability. 761.209 Retention of manifest records.
761.60 Disposal requirements. 761.210 Manifest discrepancies.
761.61 PCB remediation waste. 761.211 Unmanifested waste report.
761.62 Disposal of PCB bulk product waste. 761.215 Exception reporting.
761.63 PCB household waste storage and 761.218 Certificate of disposal.
dsiposal.
761.64 Disposal of wastes generated as a re-
Subpart L [Reserved]
sult of research and development activi-
ties authorized under § 761.30(j) and chem-
Subpart M—Determining a PCB Concentra-
ical analysis of PCBs.
761.65 Storage for disposal. tion for Purposes of Abandonment or
761.70 Incineration. Disposal of Natural Gas Pipeline: Se-
761.71 High efficiency boilers. lecting Sample Sites, Collecting Sur-
761.72 Scrap metal recovery ovens and face Samples, and Analyzing Standard
smelters. PCB Wipe Samples
761.75 Chemical waste landfills.
761.77 Coordinated approval. 761.240 Scope and definitions.
761.79 Decontamination standards and pro- 761.243 Standard wipe sample method and
cedures. size.
761.247 Sample site selection for pipe seg-
Subpart E—Exemptions ment removal.
761.250 Sample site selection for pipeline
761.80 Manufacturing, processing and dis- section abandonment.
tribution in commerce exemptions. 761.253 Chemical analysis.
761.257 Determining the regulatory status
Subpart F—Transboundary Shipments of of sampled pipe.
PCBs for Disposal
761.91 Applicability. Subpart N—Cleanup Site Characterization
761.93 Import for disposal. Sampling for PCB Remediation Waste
761.97 Export for disposal. in Accordance with § 761.61(a)(2)
761.99 Other transboundary shipments.
761.260 Applicability.
Subpart G—PCB Spill Cleanup Policy 761.265 Sampling bulk PCB remediation
waste and porous surfaces.
761.120 Scope. 761.267 Sampling non-porous surfaces.
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Environmental Protection Agency Pt. 761
761.269 Sampling liquid PCB remediation 761.326 Conducting the comparison study.
waste.
761.272 Chemical extraction and analysis of Subpart R—Sampling Non-Liquid, Non-
samples. Metal PCB Bulk Product Waste for Pur-
761.274 Reporting PCB concentrations in poses of Characterization for PCB Dis-
samples. posal in Accordance With § 761.62,
and Sampling PCB Remediation Waste
Subpart O—Sampling To Verify Completion Destined for Off-Site Disposal, in Ac-
of Self-Implementing Cleanup and cordance With § 761.61
On-Site Disposal of Bulk PCB Remedi-
ation Waste and Porous Surfaces in 761.340 Applicability.
Accordance with § 761.61(a)(6) 761.345 Form of the waste to be sampled.
761.346 Three levels of sampling.
761.280 Application and scope. 761.347 First level sampling—waste from ex-
761.283 Determination of the number of isting piles.
samples to collect and sample collection 761.348 Contemporaneous sampling.
locations. 761.350 Subsampling from composite sam-
761.286 Sample size and procedure for col- ples.
lecting a sample. 761.353 Second level of sample selection.
761.289 Compositing samples. 761.355 Third level of sample selection.
761.292 Chemical extraction and analysis of 761.356 Conducting a leach test.
individual samples and composite sam- 761.357 Reporting the results of the proce-
ples. dure used to simulate leachate genera-
761.295 Reporting and recordkeeping of the tion.
PCB concentrations in samples. 761.358 Determining the PCB concentration
761.298 Decisions based on PCB concentra- of samples of waste.
tion measurements resulting from sam- 761.359 Reporting the PCB concentrations in
pling. samples.
Subpart P—Sampling Non-Porous Surfaces Subpart S—Double Wash/Rinse Method for

for Measurement-Based Use, Reuse, Decontaminating Non-Porous Surfaces
and On-Site or Off-Site Disposal Under
§ 761.61(a)(6) and Determination 761.360 Background.
Under § 761.79(b)(3) 761.363 Applicability.
761.366 Cleanup equipment.
761.300 Applicability. 761.369 Pre-cleaning the surface.
761.302 Proportion of the total surface area 761.372 Specific requirements for relatively
to sample. clean surfaces.
761.304 Determining sample location. 761.375 Specific requirements for surfaces
761.306 Sampling 1 meter square surfaces by coated or covered with dust, dirt, grime,
random selection of halves. grease, or another absorbent material.
761.308 Sample selection by random number 761.378 Decontamination, reuse, and dis-
generation on any two-dimensional posal of solvents, cleaners, and equip-
square grid. ment.
761.310 Collecting the sample.
761.312 Compositing of samples. Subpart T—Comparison Study for Vali-
761.314 Chemical analysis of standard wipe dating a New Performance-Based De-
test samples. contamination Solvent Under
761.316 Interpreting PCB concentration § 761.79(d)(4)
measurements resulting from this sam-
pling scheme. 761.380 Background.
761.383 Applicability.
Subpart Q—Self-Implementing Alternative 761.386 Required experimental conditions
Extraction and Chemical Analysis Pro- for the validation study and subsequent
cedures for Non-liquid PCB Remedi- use during decontamination.
ation Waste Samples 761.389 Testing parameter requirements.
761.392 Preparing validation study samples.
761.320 Applicability. 761.395 A validation study.
761.323 Sample preparation. 761.398 Reporting and recordkeeping.
AUTHORITY: 15 U.S.C. 2605, 2607, 2611, 2614,
and 2616.
711
§ 761.1 40 CFR Ch. I (7–1–10 Edition)
Subpart A—General termine which provisions of this part

apply to such PCBs.
§ 761.1 Applicability. (i) Any person determining PCB con-
(a) This part establishes prohibitions centrations for non-liquid PCBs must
of, and requirements for, the manufac- do so on a dry weight basis.
ture, processing, distribution in com- (ii) Any person determining PCB con-
merce, use, disposal, storage, and centrations for liquid PCBs must do so
marking of PCBs and PCB Items. on a wet weight basis. Liquid PCBs
(b)(1) This part applies to all persons containing more than 0.5 percent by
who manufacture, process, distribute weight non-dissolved material shall be
in commerce, use, or dispose of PCBs or analyzed as multi-phasic non-liquid/liq-
PCB Items. Substances that are regu- uid mixtures.
lated by this part include, but are not (iii) Any person determining the PCB
limited to: dielectric fluids; solvents; concentration of samples containing
oils; waste oils; heat transfer fluids; PCBs and non-dissolved non-liquid ma-
hydraulic fluids; paints or coatings; terials ≥0.5 percent, must separate the
sludges; slurries; sediments; dredge non-dissolved materials into non-liquid
spoils; soils; materials containing PCBs PCBs and liquid PCBs. For multi-pha-
as a result of spills; and other chemical sic non-liquid/liquid or liquid/liquid
substances or combinations of sub- mixtures, the phases shall be separated
stances, including impurities and by- before chemical analysis. Following
products and any byproduct, inter- phase separation, the PCB concentra-
mediate, or impurity manufactured at tion in each non-liquid phase shall be
any point in a process. determined on a dry weight basis and
(2) Unless otherwise noted, PCB con- the PCB concentration in each liquid
centrations shall be determined on a phase shall be determined separately
weight-per-weight basis (e.g., million a wet weight basis.
grams per kilogram), or for liquids, on (iv) Any person disposing of multi-
a weight-per-volume basis (e.g., milli- phasic non-liquid/liquid or liquid/liquid
grams per liter) if the density of the mixtures must use the PCB disposal re-
liquid is also reported. Unless other- quirements that apply to the indi-
wise provided, PCBs are quantified vidual phase with the highest PCB con-
based on the formulation of PCBs centration except where otherwise
present in the material analyzed. For noted. Alternatively, phases may be
example, measure AroclorTM 1242 PCBs separated and disposed of using the
based on a comparison with AroclorTM PCB disposal requirements that apply
1242 standards. Measure individual con- to each separated, single-phase mate-
gener PCBs based on a comparison with rial.
individual PCB congener standards. (5) No person may avoid any provi-
(3) Most provisions in this part apply sion specifying a PCB concentration by
only if PCBs are present in concentra- diluting the PCBs, unless otherwise
tions above a specified level. Provi- specifically provided.
sions that apply to PCBs at concentra- (6) Unless otherwise specified, ref-
tions of < 50 ppm apply also to con- erences to weights or volumes of PCBs
taminated surfaces at PCB concentra- in this part apply to the total weight
tions of ≤ 10 μg/100 cm2. Provisions that or total volume of the material (oil,
apply to PCBs at concentrations of ≥ 50 soil, debris, etc.) that contains regu-
to < 500 ppm apply also to contami- lated concentrations of PCBs, not the
nated surfaces at PCB concentrations calculated weight or volume of only
of > 10/100 cm2 to < 100 μg/100 cm2. Pro- the PCB molecules contained in the
visions that apply to PCBs at con- material.
centrations of ≥500 ppm apply also to (c) Definitions of the terms used in
contaminated surfaces at PCB con- these regulations are in subpart A. The
centrations of ≥ 100 μg/100 cm2. basic requirements applicable to dis-
(4) PCBs can be found in liquid, non- posal and marking of PCBs and PCB
liquid and multi-phasic (combinations Items are set forth in subpart D—Dis-
of liquid and non-liquid) forms. A per- posal of PCBs and PCB Items and in
son should use the following criteria to subpart C—Marking of PCBs and PCB
determine PCB concentrations to de- Items. Prohibitions applicable to PCB
712
Environmental Protection Agency § 761.2
activities are set forth in subpart B— sons comply with subpart J of this
Manufacture, Processing, Distribution part, as applicable.
in Commerce, and Use of PCBs and (4) Except as provided in § 761.20 (d)
PCB Items. Subpart B also includes au- and (e), persons who process, distribute
thorizations from the prohibitions. in commerce, or use products con-
Subparts C and D set forth the specific taining excluded PCB products as de-
requirements for disposal and marking fined in § 761.3, are exempt from the re-
of PCBs and PCB Items. quirements of subpart B of this part.
(d) Section 15 of the Toxic Sub- (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
stances Control Act (TSCA) states that 2605)
failure to comply with these regula-
[44 FR 31542, May 31, 1979, as amended at 49
tions is unlawful. Section 16 imposes li- FR 28189, July 10, 1984; 53 FR 24220, June 27,
ability for civil penalties upon any per- 1988; 63 FR 35436, June 29, 1998; 64 FR 33759,
son who violates these regulations, and June 24, 1999]
the Administrator can establish appro-
priate remedies for any violations sub- § 761.2 PCB concentration assump-
ject to any limitations included in sections for use.
tion 16 of TSCA. Section 16 also sub- (a)(1) Any person may assume that
jects a person to criminal prosecution transformers with < 3 pounds (1.36 kilo-
for a violation which is knowing or grams (kgs)) of fluid, circuit breakers,
willful. In addition, section 17 author- reclosers, oil-filled cable, and rectifiers
izes Federal district courts to enjoin whose PCB concentration is not estab-
activities prohibited by these regula- lished contain PCBs at < 50 ppm.
tions, compel the taking of actions re- (2) Any person must assume that
quired by these regulations, and issue mineral oil-filled electrical equipment
orders to seize PCBs and PCB Items that was manufactured before July 2,
manufactured, processed or distributed 1979, and whose PCB concentration is
in violation of these regulations. not established is PCB-Contaminated
(e) These regulations do not preempt Electrical Equipment (i.e., contains ≥50
other more stringent Federal statutes ppm PCB, but < 500 ppm PCB). All pole-
and regulations. top and pad-mounted distribution
(f) Unless and until superseded by transformers manufactured before July
any new more stringent regulations 2, 1979, must be assumed to be mineral-
issued under EPA authorities, or any oil filled. Any person may assume that
permits or any pretreatment require- electrical equipment manufactured
ments issued by EPA, a state or local after July 2, 1979, is non-PCB (i.e., < 50
government that affect release of PCBs ppm PCBs). If the date of manufacture
to any particular medium: of mineral oil-filled electrical equip-
(1) Persons who inadvertently manu- ment is unknown, any person must as-
facture or import PCBs generated as sume it to be PCB-Contaminated.
unintentional impurities in excluded (3) Any person must assume that a
manufacturing processes, as defined in transformer manufactured prior to
§ 761.3, are exempt from the require- July 2, 1979, that contains 1.36 kg (3
ments of subpart B of this part, pro- pounds) or more of fluid other than
vided that such persons comply with mineral oil and whose PCB concentra-
subpart J of this part, as applicable. tion is not established, is a PCB Trans-
(2) Persons who process, distribute in former (i.e., ≥ 500 ppm). If the date of
commerce, or use products containing manufacture and the type of dielectric
PCBs generated in excluded manufac- fluid are unknown, any person must as-
turing processes defined in § 761.3 are sume the transformer to be a PCB
exempt from the requirements of sub- Transformer.
part B provided that such persons com- (4) Any person must assume that a
ply with subpart J of this part, as ap- capacitor manufactured prior to July 2,
plicable. 1979, whose PCB concentration is not
(3) Persons who process, distribute in established contains ≥500 ppm PCBs.
commerce, or use products containing Any person may assume that a capac-
recycled PCBs defined in § 761.3, are ex- itor manufactured after July 2, 1979, is
empt from the requirements of subpart non-PCB (i.e., < 50 ppm PCBs). If the
B of this part, provided that such per- date of manufacture is unknown, any
713
§ 761.3 40 CFR Ch. I (7–1–10 Edition)
person must assume the capacitor con- Capacitor means a device for accumu-
tains ≥500 ppm PCBs. Any person may lating and holding a charge of elec-
assume that a capacitor marked at the tricity and consisting of conducting
time of manufacture with the state- surfaces separated by a dielectric.
ment ‘‘No PCBs’’ in accordance with Types of capacitors are as follows:
§ 761.40(g) is non-PCB. (1) Small capacitor means a capacitor
(b) PCB concentration may be estab- which contains less than 1.36 kg (3 lbs.)
lished by: of dielectric fluid. The following as-
(1) Testing the equipment; or sumptions may be used if the actual
(2)(i) A permanent label, mark, or weight of the dielectric fluid is un-
other documentation from the manu- known. A capacitor whose total volume
facturer of the equipment indicating is less than 1,639 cubic centimeters (100
its PCB concentration at the time of cubic inches) may be considered to con-
manufacture; and tain less than 1.36 kgs (3 lbs.) of dielec-
(ii) Service records or other docu- tric fluid and a capacitor whose total
mentation indicating the PCB con- volume is more than 3,278 cubic centi-
centration of all fluids used in serv- meters (200 cubic inches) must be con-
icing the equipment since it was first sidered to contain more than 1.36 kg (3
manufactured. lbs.) of dielectric fluid. A capacitor
whose volume is between 1,639 and 3,278
[63 FR 35436, June 29, 1998, as amended at 64 cubic centimeters may be considered to
FR 33759, June 24, 1999] contain less then 1.36 kg (3 lbs.) of di-
electric fluid if the total weight of the
§ 761.3 Definitions. capacitor is less than 4.08 kg (9 lbs.).
For the purpose of this part: (2) Large high voltage capacitor means
Administrator means the Adminis- a capacitor which contains 1.36 kg (3
trator of the Environmental Protection lbs.) or more of dielectric fluid and
Agency, or any employee of the Agency which operates at 2,000 volts (a.c. or
to whom the Administrator may either d.c.) or above.
herein or by order delegate his author- (3) Large low voltage capacitor means a
ity to carry out his functions, or any capacitor which contains 1.36 kg (3 lbs.)
person who shall by operation of law be or more of dielectric fluid and which
authorized to carry out such functions. operates below 2,000 volts (a.c. or d.c.).
Agency means the United States En- CERCLA means the Comprehensive
vironmental Protection Agency. Environmental Response, Compensa-
Air compressor system means air com- tion, and Liability Act (42 U.S.C. 9601-
pressors, piping, receiver tanks, vol- 9657).
ume tanks and bottles, dryers, airlines, Certification means a written state-
and related appurtenances. ment regarding a specific fact or rep-
Annual document log means the de- resentation that contains the following
tailed information maintained at the language:
facility on the PCB waste handling at Under civil and criminal penalties of law
the facility. for the making or submission of false or
Annual report means the written doc- fraudulent statements or representations (18
ument submitted each year by each U.S.C. 1001 and 15 U.S.C. 2615), I certify that
disposer and commercial storer of PCB the information contained in or accom-
panying this document is true, accurate, and
waste to the appropriate EPA Regional complete. As to the identified section(s) of
Administrator. The annual report is a this document for which I cannot personally
brief summary of the information in- verify truth and accuracy, I certify as the
cluded in the annual document log. company official having supervisory respon-
ASTM means American Society for sibility for the persons who, acting under my
Testing and Materials, 100 Barr Harbor direct instructions, made the verification
Drive, West Conshohocken, PA 19428– that this information is true, accurate, and
2959. complete.
Byproduct means a chemical sub- Chemical substance, (1) except as pro-
stance produced without separate com- vided in paragraph (2) of this defini-
mercial intent during the manufac- tion, means any organic or inorganic
turing or processing of another chem- substance of a particular molecular
ical substance(s) or mixture(s). identity, including: Any combination
714
of such substances occurring in whole removed while servicing the equipment

or part as a result of a chemical reac- owned by others and brokered for dis-
tion or occurring in nature, and any posal. The receipt of a fee or any other
element or uncombined radical. form of compensation for storage serv-
(2) Such term does not include: Any ices is not necessary to qualify as a
mixture; any pesticide (as defined in commercial storer of PCB waste. A
the Federal Insecticide, Fungicide, and generator who only stores its own
Rodenticide Act) when manufactured, waste is subject to the storage require-
processed, or distributed in commerce ments of § 761.65, but is not required to
for use as a pesticide; tobacco or any obtain approval as a commercial stor-
tobacco product; any source material, er. If a facility’s storage of PCB waste
special nuclear material, or byproduct generated by others at no time exceeds
material (as such terms are defined in a total of 500 gallons of liquid and/or
the Atomic Energy Act of 1954 and reg- non-liquid material containing PCBs at
ulations issued under such Act); any regulated levels, the owner or operator
article the sale of which is subject to is a commercial storer but is not re-
the tax imposed by section 4181 of the quired to seek EPA approval as a com-
Internal Revenue Code of 1954 (deter- mercial storer of PCB waste. Storage of
mined without regard to any exemp- one company’s PCB waste by a related
tions from such tax provided by section company is not considered commercial
4182 or section 4221 or any provisions of storage. A ‘‘related company’’ includes,
such Code); and any food, food additive, but is not limited to: a parent company
drug, cosmetic, or device (as such and its subsidiaries; sibling companies
terms are defined in section 201 of the owned by the same parent company;
Federal Food, Drug, and Cosmetic Act) companies owned by a common holding
when manufactured, processed, or dis- company; members of electric coopera-
tributed in commerce for use as a food, tives; entities within the same Execu-
food additive, drug, cosmetic, or de- tive agency as defined at 5 U.S.C. 105;
vice. and a company having a joint owner-
Chemical waste landfill means a land- ship interest in a facility from which
fill at which protection against risk of PCB waste is generated (such as a
injury to health or the environment jointly owned electric power gener-
from migration of PCBs to land, water, ating station) where the PCB waste is
or the atmosphere is provided from stored by one of the co-owners of the
PCBs and PCB Items deposited therein facility. A ‘‘related company’’ does not
by locating, engineering, and operating include another voluntary member of
the landfill as specified in § 761.75. the same trade association. Change in
Cleanup site means the areal extent of ownership or title of a generator’s fa-
contamination and all suitable areas in cility, where the generator is storing
very close proximity to the contamina- PCB waste, does not make the new
tion necessary for implementation of a owner of the facility a commercial
cleanup of PCB remediation waste, re- storer of PCB waste.
gardless of whether the site was in- Designated facility means the off-site
tended for management of waste. disposer or commercial storer of PCB
Commerce means trade, traffic, trans- waste designated on the manifest as
portation, or other commerce: the facility that will receive a mani-
(1) Between a place in a State and fested shipment of PCB waste.
any place outside of such State, or Disposal means intentionally or acci-
(2) Which affects trade, traffic, trans- dentally to discard, throw away, or
portation, or commerce described in otherwise complete or terminate the
paragraph (1) of this definition. useful life of PCBs and PCB Items. Dis-
Commercial storer of PCB waste means posal includes spills, leaks, and other
the owner or operator of each facility uncontrolled discharges of PCBs as
that is subject to the PCB storage unit well as actions related to containing,
standards of § 761.65(b)(1) or (c)(7) or transporting, destroying, degrading,
meets the alternate storage criteria of decontaminating, or confining PCBs
§ 761.65(b)(2), and who engages in stor- and PCB Items.
age activities involving either PCB Disposer of PCB waste, as the term is
waste generated by others or that was used in subparts J and K of this part,
715
§ 761.3 40 CFR Ch. I (7–1–10 Edition)
means any person who owns or oper- ported into the United States must
ates a facility approved by EPA for the have an annual average of less than 25
disposal of PCB waste which is regu- ppm, with a 50 ppm maximum.
lated for disposal under the require- (2) The concentration of inadvert-
ments of subpart D of this part. ently generated PCBs in the compo-
Distribute in commerce and Distribution nents of detergent bars leaving the
in Commerce when used to describe an manufacturing site or imported into
action taken with respect to a chem- the United States must be less than 5
ical substance, mixture, or article con- ppm.
taining a substance or mixture means (3) The release of inadvertently gen-
to sell, or the sale of, the substance, erated PCBs at the point at which
mixture, or article in commerce; to in- emissions are vented to ambient air
troduce or deliver for introduction into must be less than 10 ppm.
commerce, or the introduction or de- (4) The amount of inadvertently gen-
livery for introduction into commerce erated PCBs added to water discharged
of the substance, mixture, or article; or from a manufacturing site must be less
to hold or the holding of, the sub- than 100 micrograms per resolvable gas
stance, mixture, or article after its in- chromatographic peak per liter of
troduction into commerce. water discharged.
DOT means the United States De- (5) Disposal of any other process
partment of Transportation. wastes above concentrations of 50 ppm
Dry weight means the weight of the PCB must be in accordance with sub-
sample, excluding the weight of the part D of this part.
water in the sample. Prior to chemical Excluded PCB products means PCB
analysis the water may be removed by materials which appear at concentra-
any reproducible method that is appli- tions less than 50 ppm, including but
cable to measuring PCBs in the sample not limited to:
matrix at the concentration of con- (1) Non-Aroclor inadvertently gen-
cern, such as air drying at ambient erated PCBs as a byproduct or impu-
temperature, filtration, decantation, rity resulting from a chemical manu-
heating at low temperature followed by facturing process.
cooling in the presence of a desiccant, (2) Products contaminated with
or other processes or combinations of Aroclor or other PCB materials from
processes which would remove water historic PCB uses (investment casting
but not remove PCBs from the sample. waxes are one example).
Analytical procedures which calculate (3) Recycled fluids and/or equipment
the dry weight concentration by ad- contaminated during use involving the
justing for moisture content may also products described in paragraphs (1)
be used. and (2) of this definition (heat transfer
EPA identification number means the and hydraulic fluids and equipment and
12-digit number assigned to a facility other electrical equipment components
by EPA upon notification of PCB waste and fluids are examples).
activity under § 761.205. (4) Used oils, provided that in the
Excluded manufacturing process means cases of paragraphs (1) through (4) of
a manufacturing process in which this definition:
quantities of PCBs, as determined in (i) The products or source of the
accordance with the definition of inad- products containing < 50 ppm con-
vertently generated PCBs, calculated centration PCBs were legally manufac-
as defined, and from which releases to tured, processed, distributed in com-
products, air, and water meet the re- merce, or used before October 1, 1984.
quirements of paragraphs (1) through (ii) The products or source of the
(5) of this definition, or the importa- products containing < 50 ppm con-
tion of products containing PCBs as centrations PCBs were legally manu-
unintentional impurities, which prod- factured, processed, distributed in com-
ucts meet the requirements of para- merce, or used, i.e., pursuant to au-
graphs (1) and (2) of this definition. thority granted by EPA regulation, by
(1) The concentration of inadvert- exemption petition, by settlement
ently generated PCBs in products leav- agreement, or pursuant to other Agen-
ing any manufacturing site or im- cy-approved programs;
716
(iii) The resulting PCB concentration In or Near Commercial Buildings means

(i.e. below 50 ppm) is not a result of di- within the interior of, on the roof of,
lution, or leaks and spills of PCBs in attached to the exterior wall of, in the
concentrations over 50 ppm. parking area serving, or within 30 me-
Facility means all contiguous land, ters of a non-industrial non-substation
and structures, other appurtenances, building. Commercial buildings are
and improvements on the land, used for typically accessible to both members
the treatment, storage, or disposal of of the general public and employees,
PCB waste. A facility may consist of and include: (1) Public assembly prop-
one or more treatment, storage, or dis- erties, (2) educational properties, (3) in-
posal units. stitutional properties, (4) residential
Fluorescent light ballast means a de- properties, (5) stores, (6) office build-
vice that electrically controls fluores- ings, and (7) transportation centers
cent light fixtures and that includes a (e.g., airport terminal buildings, sub-
capacitor containing 0.1 kg or less of way stations, bus stations, or train sta-
dielectric. tions).
Generator of PCB waste means any Incinerator means an engineered de-
person whose act or process produces vice using controlled flame combustion
PCBs that are regulated for disposal to thermally degrade PCBs and PCB
under subpart D of this part, or whose Items. Examples of devices used for in-
act first causes PCBs or PCB Items to cineration include rotary kilns, liquid
become subject to the disposal require- injection incinerators, cement kilns,
ments of subpart D of this part, or who and high temperature boilers.
has physical control over the PCBs Industrial building means a building
when a decision is made that the use of directly used in manufacturing or tech-
the PCBs has been terminated and nically productive enterprises. Indus-
therefore is subject to the disposal re- trial buildings are not generally or
quirements of subpart D of this part. typically accessible to other than
Unless another provision of this part workers. Industrial buildings include
specifically requires a site-specific buildings used directly in the produc-
meaning, ‘‘generator of PCB waste’’ in- tion of power, the manufacture of prod-
cludes all of the sites of PCB waste ucts, the mining of raw materials, and
generation owned or operated by the the storage of textiles, petroleum prod-
person who generates PCB waste. ucts, wood and paper products, chemi-
High occupancy area means any area cals, plastics, and metals.
where PCB remediation waste has been Laboratory means a facility that ana-
disposed of on-site and where occu- lyzes samples for PCBs and is unaffili-
pancy for any individual not wearing ated with any entity whose activities
dermal and respiratory protection for a involve PCBs.
calendar year is: 840 hours or more (an Leak or leaking means any instance
average of 16.8 hours or more per week) in which a PCB Article, PCB Con-
for non-porous surfaces and 335 hours tainer, or PCB Equipment has any
or more (an average of 6.7 hours or PCBs on any portion of its external
more per week) for bulk PCB remedi- surface.
ation waste. Examples could include a Liquid PCBs means a homogenous
residence, school, day care center, flowable material containing PCBs and
sleeping quarters, a single or multiple no more than 0.5 percent by weight
occupancy 40 hours per week work sta- non-dissolved material.
tion, a school class room, a cafeteria in Low occupancy area means any area
an industrial facility, a control room, where PCB remediation waste has been
and a work station at an assembly line. disposed of on-site and where occu-
Importer means any person defined as pancy for any individual not wearing
an ‘‘importer’’ at § 720.3(l) of this chap- dermal and respiratory protection for a
ter who imports PCBs or PCB Items calendar year is: less than 840 hours (an
and is under the jurisdiction of the average of 16.8 hours per week) for non-
United States. porous surfaces and less than 335 hours
Impurity means a chemical substance (an average of 6.7 hours per week) for
which is unintentionally present with bulk PCB remediation waste. Examples
another chemical substance. could include an electrical substation
717
§ 761.3 40 CFR Ch. I (7–1–10 Edition)
or a location in an industrial facility found to contain 500 ppm or greater

where a worker spends small amounts PCBs.
of time per week (such as an unoccu- Mixture means any combination of
pied area outside a building, an elec- two or more chemical substances if the
trical equipment vault, or in the non- combination does not occur in nature
office space in a warehouse where occu- and is not, in whole or in part, the re-
pancy is transitory). sult of a chemical reaction; except that
Manifest means the shipping docu- such term does include any combina-
ment EPA form 8700–22 and any con- tion which occurs, in whole or in part,
tinuation sheet attached to EPA form as a result of a chemical reaction if
8700–22, originated and signed by the none of the chemical substances com-
generator of PCB waste in accordance prising the combination is a new chem-
with the instructions included with the ical substance and if the combination
form and subpart K of this part. could have been manufactured for com-
Manned Control Center means an elec- mercial purposes without a chemical
trical power distribution control room reaction at the time the chemical sub-
where the operating conditions of a stances comprising the combination
PCB Transformer are continuously were combined.
monitored during the normal hours of Municipal solid wastes means garbage,
operation (of the facility), and, where refuse, sludges, wastes, and other dis-
the duty engineers, electricians, or carded materials resulting from resi-
other trained personnel have the capa- dential and non-industrial operations
bility to deenergize a PCB Transformer and activities, such as household ac-
completely within 1 minute of the re- tivities, office functions, and commer-
ceipt of a signal indicating abnormal cial housekeeping wastes.
operating conditions such as an over- Natural gas pipeline system means nat-
temperature condition or overpressure ural gas gathering facilities, natural
gas pipe, natural gas compressors, nat-
condition in a PCB Transformer.
ural gas storage facilities, and natural
Manufacture means to produce, man-
gas pipeline appurtenances (including
ufacture, or import into the customs
instrumentation and vessels directly in
territory of the United States.
contact with transported natural gas
Manufacturing process means all of a such as valves, regulators, drips, filter
series of unit operations operating at a separators, etc., but not including air
site, resulting in the production of a compressors).
product. Non-liquid PCBs means materials con-
Mark means the descriptive name, in- taining PCBs that by visual inspection
structions, cautions, or other informa- do not flow at room temperature (25 °C
tion applied to PCBs and PCB Items, or or 77 °F) or from which no liquid passes
other objects subject to these regula- when a 100 g or 100 ml representative
tions. sample is placed in a mesh number 60
Marked means the marking of PCB ±5 percent paint filter and allowed to
Items and PCB storage areas and trans- drain at room temperature for 5 min-
port vehicles by means of applying a utes.
legible mark by painting, fixation of an Non-PCB Transformer means any
adhesive label, or by any other method transformer that contains less than 50
that meets the requirements of these ppm PCB; except that any transformer
regulations. that has been converted from a PCB
Market/Marketers means the proc- Transformer or a PCB-Contaminated
essing or distributing in commerce, or Transformer cannot be classified as a
the person who processes or distributes non-PCB Transformer until reclassi-
in commerce, used oil fuels to burners fication has occurred, in accordance
or other marketers, and may include with the requirements of
the generator of the fuel if it markets § 761.30(a)(2)(v).
the fuel directly to the burner. Non-porous surface means a smooth,
Mineral Oil PCB Transformer means unpainted solid surface that limits pen-
any transformer originally designed to etration of liquid containing PCBs be-
contain mineral oil as the dielectric yond the immediate surface. Examples
fluid and which has been tested and are: smooth uncorroded metal; natural
718
gas pipe with a thin porous coating have no commercial purpose separate
originally applied to inhibit corrosion; from that of the PCB Article.
smooth glass; smooth glazed ceramics; PCB Article Container means any
impermeable polished building stone package, can, bottle, bag, barrel, drum,
such as marble or granite; and high tank, or other device used to contain
density plastics, such as PCB Articles or PCB Equipment, and
polycarbonates and melamines, that do whose surface(s) has not been in direct
not absorb organic solvents. contact with PCBs.
NTIS means the National Technical PCB bulk product waste means waste
Information Service, U.S. Department derived from manufactured products
of Commerce, 5285 Port Royal Rd., containing PCBs in a non-liquid state,
Springfield, VA 22161. at any concentration where the con-
On site means within the boundaries centration at the time of designation
of a contiguous property unit. for disposal was ≥50 ppm PCBs. PCB
Open burning means the combustion bulk product waste does not include
of any PCB regulated for disposal, in a PCBs or PCB Items regulated for dis-
manner not approved or otherwise al- posal under § 761.60(a) through (c),
lowed under subpart D of this part, and § 761.61, § 761.63, or § 761.64. PCB bulk
without any of the following: product waste includes, but is not lim-
(1) Control of combustion air to ited to:
maintain adequate temperature for ef- (1) Non-liquid bulk wastes or debris
ficient combustion. from the demolition of buildings and
(2) Containment of the combustion other man-made structures manufac-
reaction in an enclosed device to pro- tured, coated, or serviced with PCBs.
vide sufficient residence time and mix- PCB bulk product waste does not in-
ing for complete combustion. clude debris from the demolition of
(3) Control of emission of the gaseous buildings or other man-made struc-
combustion products. tures that is contaminated by spills
PCB and PCBs means any chemical from regulated PCBs which have not
substance that is limited to the been disposed of, decontaminated, or
biphenyl molecule that has been otherwise cleaned up in accordance
chlorinated to varying degrees or any with subpart D of this part.
combination of substances which con- (2) PCB-containing wastes from the
tains such substance. Refer to § 761.1(b) shredding of automobiles, household
for applicable concentrations of PCBs. appliances, or industrial appliances.
PCB and PCBs as contained in PCB (3) Plastics (such as plastic insula-
items are defined in § 761.3. For any tion from wire or cable; radio, tele-
purposes under this part, inadvertently
vision and computer casings; vehicle
generated non-Aroclor PCBs are de-
parts; or furniture laminates);
fined as the total PCBs calculated fol-
preformed or molded rubber parts and
lowing division of the quantity of
components; applied dried paints, var-
monochlorinated biphenyls by 50 and
nishes, waxes or other similar coatings
dichlorinated biphenyls by 5.
or sealants; caulking; adhesives; paper;
PCB Article means any manufactured
Galbestos; sound deadening or other
article, other than a PCB Container,
types of insulation; and felt or fabric
that contains PCBs and whose sur-
products such as gaskets.
face(s) has been in direct contact with
PCBs. ‘‘PCB Article’’ includes capaci- (4) Fluorescent light ballasts con-
tors, transformers, electric motors, taining PCBs in the potting material.
pumps, pipes and any other manufac- PCB Capacitor means any capacitor
tured item (1) which is formed to a spe- that contains ≥500 ppm PCB. Con-
cific shape or design during manufac- centration assumptions applicable to
ture, (2) which has end use function(s) capacitors appear under § 761.2.
dependent in whole or in part upon its PCB Container means any package,
shape or design during end use, and (3) can, bottle, bag, barrel, drum, tank, or
which has either no change of chemical other device that contains PCBs or
composition during its end use or only PCB Articles and whose surface(s) has
those changes of composition which been in direct contact with PCBs.
719
§ 761.3 40 CFR Ch. I (7–1–10 Edition)
PCB-Contaminated means a non-liquid PCB household waste means PCB

material containing PCBs at con- waste that is generated by residents on
centrations ≥50 ppm but < 500 ppm; a the premises of a temporary or perma-
liquid material containing PCBs at nent residence for individuals (includ-
concentrations ≥50 ppm but < 500 ppm ing individually owned or rented units
or where insufficient liquid material is of a multi-unit construction), and that
available for analysis, a non-porous is composed primarily of materials
surface having a surface concentration found in wastes generated by con-
>10 μg/100 cm2 but < 100 μg/100 cm2, sumers in their homes. PCB household
measured by a standard wipe test as waste includes unwanted or discarded
defined in § 761.123. non-commercial vehicles (prior to
PCB-Contaminated Electrical Equip- shredding), household items, and appli-
ment means any electrical equipment ances or appliance parts and wastes
including, but not limited to, trans- generated on the premises of a resi-
formers (including those used in rail- dence for individuals as a result of rou-
way locomotives and self-propelled tine household maintenance by or on
cars), capacitors, circuit breakers, re- behalf of the resident. Bulk or commin-
closers, voltage regulators, switches gled liquid PCB wastes at concentra-
(including sectionalizers and motor tions of ≥50 ppm, demolition and ren-
starters), electromagnets, and cable, ovation wastes, and industrial or heavy
that contains PCBs at concentrations duty equipment with PCBs are not
household wastes.
of ≥ 50 ppm and < 500 ppm in the con-
PCB Item means any PCB Article,
taminating fluid. In the absence of liq-
PCB Article Container, PCB Container,
uids, electrical equipment is PCB-Con-
PCB Equipment, or anything that de-
taminated if it has PCBs at > 10 μg/100
liberately or unintentionally contains
cm2 and < 100 μg/100 cm2 as measured
or has as a part of it any PCB or PCBs.
by a standard wipe test (as defined in
PCB/radioactive waste means PCBs
§ 761.123) of a non-porous surface.
regulated for disposal under subpart D
PCB Equipment means any manufac- of this part that also contain source,
tured item, other than a PCB Con- special nuclear, or byproduct material
tainer or a PCB Article Container, subject to regulation under the Atomic
which contains a PCB Article or other Energy Act of 1954, as amended, or nat-
PCB Equipment, and includes micro- urally-occurring or accelerator-pro-
wave ovens, electronic equipment, and duced radioactive material.
fluorescent light ballasts and fixtures. PCB remediation waste means waste
PCB field screening test means a port- containing PCBs as a result of a spill,
able analytical device or kit which release, or other unauthorized disposal,
measures PCBs. PCB field screening at the following concentrations: Mate-
tests usually report less than or great- rials disposed of prior to April 18, 1978,
er than a specific numerical PCB con- that are currently at concentrations
centration. These tests normally build ≥ 50 ppm PCBs, regardless of the con-
in a safety factor which increases the centration of the original spill; mate-
probability of a false positive report rials which are currently at any vol-
and decreases the probability of a false ume or concentration where the origi-
negative report. PCB field screening nal source was ≥ 500 ppm PCBs begin-
tests do not usually provide: an iden- ning on April 18, 1978, or ≥ 50 ppm PCBs
tity record generated by an instru- beginning on July 2, 1979; and mate-
ment; a quantitative comparison rials which are currently at any con-
record from calibration standards; any centration if the PCBs are spilled or re-
identification of PCBs; and/or any indi- leased from a source not authorized for
cation or identification of inter- use under this part. PCB remediation
ferences with the measurement of the waste means soil, rags, and other de-
PCBs. PCB field screening test tech- bris generated as a result of any PCB
nologies include, but are not limited spill cleanup, including, but not lim-
to, total chlorine colorimetric tests, ited to:
total chlorine x-ray fluorescence tests, (1) Environmental media containing
total chlorine microcoulometric tests, PCBs, such as soil and gravel; dredged
and rapid immunoassay tests. materials, such as sediments, settled
720
sediment fines, and aqueous decantate or uncoated wood; concrete or cement;

from sediment. plaster; plasterboard; wallboard; rub-
(2) Sewage sludge containing < 50 ber; fiberboard; chipboard; asphalt; or
ppm PCBs and not in use according to tar paper. For purposes of cleaning and
§ 761.20(a)(4); PCB sewage sludge; com- disposing of PCB remediation waste,
mercial or industrial sludge contami- porous surfaces have different require-
nated as the result of a spill of PCBs ments than non-porous surfaces.
including sludges located in or re- Posing an exposure risk to food or feed
moved from any pollution control de- means being in any location where
vice; aqueous decantate from an indus- human food or animal feed products
trial sludge. could be exposed to PCBs released from
(3) Buildings and other man-made a PCB Item. A PCB Item poses an expo-
structures (such as concrete floors, sure risk to food or feed if PCBs re-
wood floors, or walls contaminated leased in any way from the PCB Item
from a leaking PCB or PCB-Contami- have a potential pathway to human
nated Transformer), porous surfaces, food or animal feed. EPA considers
and non-porous surfaces. human food or animal feed to include
PCB sewage sludge means sewage items regulated by the U.S. Depart-
sludge as defined in 40 CFR 503.9(w) ment of Agriculture or the Food and
which contains ≥50 ppm PCBs, as meas- Drug Administration as human food or
ured on a dry weight basis. animal feed; this includes direct addi-
PCB Transformer means any trans- tives. Food or feed is excluded from
former that contains ≥500 ppm PCBs. this definition if it is used or stored in
For PCB concentration assumptions private homes.
applicable to transformers containing Process means the preparation of a
1.36 kilograms (3 lbs.) or more of fluid chemical substance or mixture, after
other than mineral oil, see § 761.2. For its manufacture, for distribution in
provisions permitting reclassification commerce:
of electrical equipment, including PCB
(1) In the same form or physical state
Transformers, containing ≥500 ppm
as, or in a different form or physical
PCBs to PCB-Contaminated Electrical
state from, that in which it was re-
Equipment, see § 761.30(a) and (h).
ceived by the person so preparing such
PCB waste(s) means those PCBs and
substance or mixture, or
PCB Items that are subject to the dis-
(2) As part of an article containing
posal requirements of subpart D of this
the chemical substance or mixture.
part.
Performance-based organic decon- Qualified incinerator means one of the
tamination fluid (PODF) means ker- following:
osene, diesel fuel, terpene hydro- (1) An incinerator approved under the
carbons, and terpene hydrocarbon/alco- provisions of § 761.70. Any level of PCB
hol mixtures. concentration can be destroyed in an
Person means any natural or judicial incinerator approved under § 761.70.
person including any individual, cor- (2) A high efficiency boiler which
poration, partnership, or association; complies with the criteria of
any State or political subdivision § 761.71(a)(1), and for which the operator
thereof; any interstate body; and any has given written notice to the appro-
department, agency, or instrumen- priate EPA Regional Administrator in
tality of the Federal Government. accordance with the notification re-
Porous surface means any surface quirements for the burning of mineral
that allows PCBs to penetrate or pass oil dielectric fluid under § 761.71(a)(2).
into itself including, but not limited (3) An incinerator approved under
to, paint or coating on metal; corroded section 3005(c) of the Resource Con-
metal; fibrous glass or glass wool; servation and Recovery Act (42 U.S.C.
unglazed ceramics; ceramics with a po- 6925(c)) (RCRA).
rous glaze; porous building stone such (4) Industrial furnaces and boilers
as sandstone, travertine, limestone, or which are identified in 40 CFR 260.10
coral rock; low-density plastics such as and 40 CFR 279.61 (a)(1) and (2) when op-
styrofoam and low-density poly- erating at their normal operating tem-
ethylene; coated (varnished or painted) peratures (this prohibits feeding fluids,
721
§ 761.3 40 CFR Ch. I (7–1–10 Edition)
above the level of detection, during ei- to replace it with either PCB, PCB-con-
ther startup or shutdown operations). taminated, or non-PCB dielectric fluid.
Quantifiable Level/Level of Detection Rupture of a PCB Transformer means a
means 2 micrograms per gram from violent or non-violent break in the in-
any resolvable gas chromatographic tegrity of a PCB Transformer caused
peak, i.e. 2 ppm. by an overtemperature and/or over-
RCRA means the Resource Conserva- pressure condition that results in the
tion and Recovery Act (40 U.S.C. 6901 et release of PCBs.
seq.). Sale for purposes other than resale
Recycled PCBs means those PCBs means sale of PCBs for purposes of dis-
which appear in the processing of paper posal and for purposes of use, except
products or asphalt roofing materials
where use involves sale for distribution
from PCB-contaminated raw materials.
in commerce. PCB Equipment which is
Processes which recycle PCBs must
first leased for purposes of use any
meet the following requirements:
(1) There are no detectable con- time before July 1, 1979, will be consid-
centrations of PCBs in asphalt roofing ered sold for purposes other than re-
material products leaving the proc- sale.
essing site. Sewage sludge means sewage sludge as
(2) The concentration of PCBs in defined in § 503.9(w) of this chapter that
paper products leaving any manufac- contains < 50 ppm (on a dry weight
turing site processing paper products, basis) PCBs.
or in paper products imported into the Small quantities for research and devel-
United States, must have an annual av- opment means any quantity of PCBs (1)
erage of less than 25 ppm with a 50 ppm that is originally packaged in one or
maximum. more hermetically sealed containers of
(3) The release of PCBs at the point a volume of no more than five (5.0) mil-
at which emissions are vented to ambi- liliters, and (2) that is used only for
ent air must be less than 10 ppm. purposes of scientific experimentation
(4) The amount of Aroclor PCBs or analysis, or chemical research on, or
added to water discharged from an as- analysis of, PCBs, but not for research
phalt roofing processing site must at or analysis for the development of a
all times be less than 3 micrograms per PCB product.
liter (μg/L) for total Aroclors (roughly Soil washing means the extraction of
3 parts per billion (3 ppb)). Water dis- PCBs from soil using a solvent, recov-
charges from the processing of paper ering the solvent from the soil, sepa-
products must at all times be less than rating the PCBs from the recovered
3 micrograms per liter (μg/L) for total solvent for disposal, and then disposal
Aroclors (roughly 3 ppb), or comply or reuse of the solvent.
with the equivalent mass-based limita-
Standard wipe sample means a sample
tion.
collected for chemical extraction and
(5) Disposal of any other process
analysis using the standard wipe test
wastes at concentrations of 50 ppm or
as defined in § 761.123. Except as des-
greater must be in accordance with
ignated elsewhere in part 761, the min-
subpart D of this part.
Research and development (R&D) for imum surface area to be sampled shall
PCB disposal means demonstrations for be 100 cm2.
commercial PCB disposal approvals, Storage for disposal means temporary
pre-demonstration tests, tests of major storage of PCBs that have been des-
modifications to previously approved ignated for disposal.
PCB disposal technologies, treatability SW–846 means the document having
studies for PCB disposal technologies the title ‘‘SW-846, Test Methods for
which have not been approved, develop- Evaluating Solid Waste,’’ which is
ment of new disposal technologies, and available from either the National
research on chemical transformation Technical Information Service (NTIS,
processes including, but not limited to, U.S. Department of Commerce, 5285
biodegradation. Port Royal Rd., Springfield, VA 22161,
Retrofill means to remove PCB or telephone: (703) 487-4650 or the U.S.
PCB-contaminated dielectric fluid and Government Printing Office (U.S. GPO,
722
710 North Capitol St., NW., Wash- TSCA means the Toxic Substances
ington, DC 20401, telephone: (202) 783- Control Act (15 U.S.C. 2601 et seq.).
3238. TSCA PCB Coordinated Approval
Totally enclosed manner means any means the process used to recognize
manner that will ensure no exposure of other Federal or State waste manage-
human beings or the environment to ment documents governing the storage,
any concentration of PCBs. cleanup, treatment, and disposal of
Transfer facility means any transpor- PCB wastes. It is the mechanism under
tation-related facility including load- TSCA for accomplishing review, co-
ing docks, parking areas, and other ordination, and approval of PCB waste
similar areas where shipments of PCB management activities which are con-
waste are held during the normal ducted outside of the TSCA PCB ap-
course of transportation. Transport ve- proval process, but require approval
hicles are not transfer facilities under under the TSCA PCB regulations at 40
this definition, unless they are used for CFR part 761.
the storage of PCB waste, rather than Unit means a particular building,
for actual transport activities. Storage structure, or cell used to manage PCB
areas for PCB waste at transfer facili- waste (including, but not limited to, a
ties are subject to the storage facility building used for PCB waste storage, a
standards of § 761.65, but such storage landfill, an industrial boiler, or an in-
areas are exempt from the approval re- cinerator).
quirements of § 761.65(d) and the record- U.S. GPO means the U.S. Government
keeping requirements of § 761.180, un- Printing Office, 710 North Capitol St.,
less the same PCB waste is stored there NW., Washington, DC 20401.
for a period of more than 10 consecu- Waste Oil means used products pri-
tive days between destinations. marily derived from petroleum, which
Transporter of PCB waste means, for include, but are not limited to, fuel
the purposes of subpart K of this part, oils, motor oils, gear oils, cutting oils,
any person engaged in the transpor- transmission fluids, hydraulic fluids,
tation of regulated PCB waste by air, and dielectric fluids.
rail, highway, or water for purposes Wet weight means reporting chemical
other than consolidation by a gener- analysis results by including either the
ator. weight, or the volume and density, of
Transport vehicle means a motor vehi- all liquids.
cle or rail car used for the transpor-
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
tation of cargo by any mode. Each 2605)
cargo-carrying body (e.g., trailer, rail-
road freight car) is a separate trans- [49 FR 25239, June 20, 1984, as amended at 49
port vehicle. FR 28189, July 10, 1984; 49 FR 29066, July 18,
1984; 49 FR 44638, Nov. 8, 1984; 50 FR 29199,
Treatability Study means a study in July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR
which PCB waste is subjected to a 24220, June 27, 1988; 53 FR 27327, July 19, 1988;
treatment process to determine: 54 FR 52745, Dec. 21, 1989; 55 FR 26205, June
(1) Whether the waste is amenable to 27, 1990; 58 FR 32061, June 8, 1993; 61 FR 11106,
the treatment process; Mar. 18, 1996; 63 FR 35437, June 29, 1998; 64 FR
(2) What pretreatment (if any) is re- 33759, June 24, 1999]
quired;
(3) The optimal process conditions § 761.19 References.
needed to achieve the desired treat- (a) [Reserved]
ment; (b) Incorporation by reference. The fol-
(4) The efficiency of a treatment lowing material is incorporated by ref-
process for the specific type of waste erence, and is available for inspection
(i.e., soil, sludge, liquid, etc.); or, at the National Archives and Records
(5) The characteristics and volumes Administration (NARA). For informa-
of residuals from a particular treat- tion on the availability of this mate-
ment process. A ‘‘treatability study’’ is rial at NARA, call 202–741–6030, or go
not a mechanism to commercially to: http://www.archives.gov/
treat or dispose of PCB waste. Treat- federallregister/
ment is a form of disposal under this codeloflfederallregulations/
part. ibrllocations.html. These
723
§ 761.20 40 CFR Ch. I (7–1–10 Edition)
incorporations by reference were ap- References CFR Citation

proved by the Director of the Office of
ASTM E 258–67 (Reapproved 1987) § 761.71(b)(2)(vi)
the Federal Register. These materials Standard Test Method for Total Ni-
are incorporated as they exist on the trogen Inorganic Material by Modi-
date of approval and a notice of any fied KJELDAHL Method.
change in these materials will be pub-
lished in the FEDERAL REGISTER. Copies [47 FR 22098, May 21, 1982, as amended at 49
of the incorporated material are avail- FR 29067, July 18, 1984; 49 FR 36648, Sept. 19,
able for inspection at the EPA Docket 1984; 53 FR 10391, Mar. 31, 1988; 53 FR 12524,
Center (EPA/DC), Rm. 3334, EPA West Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 FR
Bldg., 1301 Constitution Ave., NW., 13323, Apr. 16, 1992; 59 FR 33697, June 30, 1994;
Washington, DC 20460–0001. Copies of 60 FR 34465, July 3, 1995; 63 FR 35439, June 29,
the incorporated material may be ob- 1998; 64 FR 33759, June 24, 1999; 69 FR 18803,
Apr. 9, 2004; 72 FR 57239, Oct. 9, 2007]
tained from the American Society for
Testing and Materials (ASTM), 100
Barr Harbor Drive, West Subpart B—Manufacturing, Proc-
Conshohocken, PA 19428–2959. essing, Distribution in Com-
References CFR Citation
merce, and Use of PCBs and
PCB Items
ASTM D 93 – 90 Standard Test Meth- § 761.71(b)(2)(vi);
ods for Flash Point by Pensky- § 761.75(b)(8)(iii) § 761.20 Prohibitions and exceptions.
Martens Closed Tester.
ASTM D 129–64 (Reapproved 1978) § 761.71(b)(2)(vi) Except as authorized in § 761.30, the
Standard Test Method for Sulfur in activities listed in paragraphs (a) and
Petroleum Products (General Bomb (d) of this section are prohibited pursu-
Method).
ant to section 6(e)(2) of TSCA. The re-
ASTM D 240–87 Standard Test Meth- § 761.71(b)(2)(vi)
od for Heat of Combustion of Liquid quirements set forth in paragraph (c) of
Hydrocarbon Fuel by Bomb Calo- this section and subpart F of this part
rimeter. concerning export and import of PCBs
od for Ash from Petroleum Products.
and PCB Items for disposal are estab-
ASTM D 524–88 Standard Test Meth- § 761.71(b)(2)(vi) lished pursuant to section 6(e)(1) of
od for Ramsbottom Carbon Residue TSCA. Subject to any exemptions
of Petroleum Products. granted pursuant to section 6(e)(3)(B)
od for Chlorine in New and Used
of TSCA, the activities listed in para-
Petroleum Products (Bomb Method). graphs (b) and (c) of this section are
ASTM D 923–86 Standard Test Meth- § 761.60(g)(1)(ii); prohibited pursuant to section
od for Sampling Electrical Insulating (g)(2)(ii) (6)(e)(3)(A) of TSCA. In addition, the
Liquids.
ASTM D 923–89 Standard Methods of
Administrator hereby finds, under the
§ 761.60(g)(1)(ii);
Sampling Electrical Insulating Liq- (g)(2)(ii) authority of section 12(a)(2) of TSCA,
uids. that the manufacture, processing, and
ASTM D 1266–87 Standard Test Meth- § 761.71(b)(2)(vi) distribution in commerce of PCBs at
od for Sulfur in Petroleum Products
(Lamp Method).
concentrations of 50 ppm or greater
ASTM D 1796–83 (Reapproved 1990) § 761.71(b)(2)(vi) and PCB Items with PCB concentra-
Standard Test Method for Water and tions of 50 ppm or greater present an
Sediment in Fuel Oils by the Cen- unreasonable risk of injury to health
trifuge Method (Laboratory Proce-
dure). within the United States. This finding
ASTM D 2158–89 Standard Test Meth- § 761.71(b)(2)(vi) is based upon the well-documented
od for Residues in Liquified Petro- human health and environmental haz-
leum (LP) Gases. ard of PCB exposure, the high prob-
od for Water and Sediment in Dis- ability of human and environmental
tillate Fuels by Centrifuge. exposure to PCBs and PCB Items from
ASTM D 2784–89 Standard Test Meth- § 761.71(b)(2)(vi) manufacturing, processing, or distribu-
od for Sulfur in Liquified Petroleum tion activities; the potential hazard of
Gases (Oxy-hydrogen Burner or
Lamp). PCB exposure posed by the transpor-
ASTM D 3178–84 Standard Test Meth- § 761.71(b)(2)(vi) tation of PCBs or PCB Items within
ods for Carbon and Hydrogen in the the United States; and the evidence
Analysis Sample of Coke and Coal.
that contamination of the environment
ASTM D 3278–89 Standard Test Meth- § 761.75(b)(8)(iii)
ods for Flash Point of Liquids by by PCBs is spread far beyond the areas
Setaflash Closed-Cup Apparatus. where they are used. In addition, the
724
Administrator hereby finds, for pur- regulated at parts 257, 258, and 503 of
poses of section 6(e)(2)(C) of TSCA, that this chapter. No person may blend or
any exposure of human beings or the otherwise dilute PCBs regulated for
environment to PCBs, as measured or disposal, including PCB sewage sludge
detected by any scientifically accept- and sewage sludge not used pursuant to
able analytical method, may be signifi- parts 257, 258, and 503 of this chapter,
cant, depending on such factors as the for purposes of use or to avoid disposal
quantity of PCBs involved in the expo- requirements under this part. Except
sure, the likelihood of exposure to hu- as explicitly provided in subpart D of
mans and the environment, and the ef- this part, no person may dispose of reg-
fect of exposure. For purposes of deter- ulated PCB wastes including, but not
mining which PCB Items are totally limited to, PCB remediation waste,
enclosed, pursuant to section 6(e)(2)(C) PCB bulk product waste, PCBs, and
of TSCA, since exposure to such Items PCB industrial sludges, into treatment
may be significant, the Administrator works, as defined in § 503.9(aa) of this
further finds that a totally enclosed chapter.
manner is a manner which results in no (b) No person may manufacture PCBs
exposure to humans or the environ- for use within the United States or
ment to PCBs. The following activities manufacture PCBs for export from the
are considered totally enclosed: dis- United States without an exemption,
tribution in commerce of intact, non- except that: an exemption is not re-
leaking electrical equipment such as quired for PCBs manufactured in an ex-
transformers (including transformers cluded manufacturing process as de-
used in railway locomotives and self- fined in § 761.3, provided all applicable
propelled cars), capacitors, conditions of § 761.1(f) are met.
electromagnets, voltage regulators, (c) No persons may process or dis-
switches (including sectionalizers and tribute in commerce any PCB, or any
motor starters), circuit breakers, re- PCB Item regardless of concentration,
closers, and cable that contain PCBs at for use within the United States or for
any concentration and processing and export from the United States without
distribution in commerce of PCB an exemption, except that an exemp-
Equipment containing an intact, non- tion is not required to process or dis-
leaking PCB Capacitor. See paragraph tribute in commerce PCBs or PCB
(c)(1) of this section for provisions al- Items resulting from an excluded man-
lowing the distribution in commerce of ufacturing process as defined in § 761.3,
PCBs and PCB Items. or to process or distribute in commerce
(a) No persons may use any PCB, or recycled PCBs as defined in § 761.3, or
any PCB Item regardless of concentra- to process or distribute in commerce
tion, in any manner other than in a to- excluded PCB products as defined in
tally enclosed manner within the § 761.3, provided that all applicable con-
United States unless authorized under ditions of § 761.1(f) are met. In addition,
§ 761.30, except that: the activities described in paragraphs
(1) An authorization is not required (c) (1) through (5) of this section may
to use those PCBs or PCB Items which also be conducted without an exemp-
consist of excluded PCB products as de- tion, under the conditions specified
fined in § 761.3. therein.
(2) An authorization is not required (1) PCBs at concentrations of 50 ppm
to use those PCBs or PCB Items result- or greater, or PCB Items with PCB con-
ing from an excluded manufacturing centrations of 50 ppm or greater, sold
process or recycled PCBs as defined in before July 1, 1979 for purposes other
§ 761.3, provided all applicable condi- than resale may be distributed in com-
tions of § 761.1(f) are met. merce only in a totally enclosed man-
(3) An authorization is not required ner after that date.
to use those PCB Items which contain (2) Any person may process and dis-
or whose surfaces have been in contact tribute in commerce for disposal PCBs
with excluded PCB products as defined at concentrations of ≥50 ppm, or PCB
in § 761.3. Items with PCB concentrations of ≥50
(4) An authorization is not required ppm, if they comply with the applica-
to use sewage sludge where the uses are ble provisions of this part.
725
§ 761.20 40 CFR Ch. I (7–1–10 Edition)
(i) Processing activities which are (d) The use of waste oil that contains
primarily associated with and facili- any detectable concentration of PCB as
tate storage or transportation for dis- a sealant, coating, or dust control
posal do not require a TSCA PCB stor- agent is prohibited. Prohibited uses in-
age or disposal approval. clude, but are not limited to, road oil-
(ii) Processing activities which are ing, general dust control, use as a pes-
primarily associated with and facili- ticide or herbicide carrier, and use as a
tate treatment, as defined in § 260.10 of rust preventative on pipes.
this chapter, or disposal require a (e) In addition to any applicable re-
TSCA PCB disposal approval unless quirements under 40 CFR part 279, sub-
they are part of an existing approval, parts G and H, marketers and burners
are part of a self-implementing activ- of used oil who market (process or dis-
ity under § 761.61(a) or § 761.79 (b) or (c), tribute in commerce) for energy recov-
or are otherwise specifically allowed ery, used oil containing any quantifi-
under subpart D of this part. able level of PCBs are subject to the
(iii) With the exception of provisions following requirements:
in § 761.60 (a)(2) and (a)(3), in order to (1) Restrictions on marketing. Used oil
meet the intent of § 761.1(b), processing, containing any quantifiable level of
diluting, or otherwise blending of PCBs (2 ppm) may be marketed only to:
waste prior to being introduced into a (i) Qualified incinerators as defined
disposal unit for purposes of meeting a
in 40 CFR 761.3.
PCB concentration limit shall be done
(ii) Marketers who market off-speci-
in accordance with a TSCA PCB dis-
fication used oil for energy recovery
posal approval or comply with the re-
quirements of § 761.79. only to other marketers who have noti-
(iv) Where the rate of delivering liq- fied EPA of their used oil management
uids or non-liquids into a PCB disposal activities, and who have an EPA iden-
unit is an operating parameter, this tification number where an identifica-
rate shall be a condition of the TSCA tion number is required by 40 CFR
PCB disposal approval for the unit 279.73. This would include persons who
when an approval is required. market off-specification used oil who
(3) PCBs and PCB Items may be ex- are subject to the requirements at 40
ported for disposal in accordance with CFR part 279 and the notification re-
the requirements of subpart F of this quirements of 40 CFR 279.73.
part. (iii) Burners identified in 40 CFR
(4) PCBs, at concentrations of less 279.61(a)(1) and (2). Only burners in the
than 50 ppm, or PCB Items, with con- automotive industry may burn used oil
centrations of less than 50 ppm, may be generated from automotive sources in
processed and distributed in commerce used oil-fired space heaters provided
for purposes of disposal. the provisions of 40 CFR 279.23 are met.
(5) Decontaminated materials. Any The Regional Administrator may grant
person may distribute in commerce a variance for a boiler that does not
equipment, structures, or other liquid meet the 40 CFR 279.61(a)(1) and (2) cri-
or non-liquid materials that were con- teria after considering the criteria list-
taminated with PCBs ≥50 ppm, included in 40 CFR 260.32 (a) through (f). The
ing those not otherwise authorized for applicant must address the relevant
distribution in commerce under this criteria contained in 40 CFR 260.32 (a)
part, provided that one of the following through (f) in an application to the Re-
applies: gional Administrator.
(i) The materials were decontami- (2) Testing of used oil fuel. Used oil to
nated in accordance with a TSCA PCB be burned for energy recovery is pre-
disposal approval issued under subpart sumed to contain quantifiable levels (2
D of this part, with § 761.79, or with ap- ppm) of PCB unless the marketer ob-
plicable EPA PCB spill cleanup policies tains analyses (testing) or other infor-
in effect at the time of the decon- mation that the used oil fuel does not
tamination. contain quantifiable levels of PCBs.
(ii) If not previously decontaminated, (i) The person who first claims that a
the materials now meet an applicable used oil fuel does not contain quantifi-
decontamination standard in § 761.79(b). able level (2 ppm) PCB must obtain
726
analyses or other information to sup- (i) Marketers. Marketers who first

port that claim. claim that the used oil fuel contains no
(ii) Testing to determine the PCB detectable PCBs must include among
concentration in used oil may be con- the records required by 40 CFR 279.72(b)
ducted on individual samples, or in ac- and 279.74(b) and (c), copies of the anal-
cordance with the testing procedures ysis or other information documenting
described in § 761.60(g)(2). However, for his claim, and he must include among
purposes of this part, if any PCBs at a the records required by 40 CFR 279.74(a)
concentration of 50 ppm or greater and (c) and 279.75, a copy of each cer-
have been added to the container or tification notice received or prepared
equipment, then the total container relating to transactions involving PCB-
contents must be considered as having containing used oil.
a PCB concentration of 50 ppm or (ii) Burners. Burners must include
greater for purposes of complying with among the records required by 40 CFR
the disposal requirements of this part. 279.65 and 279.66, a copy of each certifi-
(iii) Other information documenting cation notice required by paragraph
that the used oil fuel does not contain (e)(3)(ii) of this section that he sends to
quantifiable levels (2 ppm) of PCBs a marketer.
may consist of either personal, special
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, (15 U.S.C.
knowledge of the source and composi- 2605)
tion of the used oil, or a certification
from the person generating the used oil [44 FR 31542, May 31, 1979. Redesignated at 47
claiming that the oil contains no de- FR 19527, May 6, 1982, and amended at 49 FR
25241, June 20, 1984; 49 FR 28190, July 10, 1984;
tectable PCBs. 49 FR 44638, Nov. 8, 1984; 53 FR 12524, Apr. 15,
(3) Restrictions on burning. (i) Used oil 1988; 53 FR 24220, June 27, 1988; 58 FR 15435,
containing any quantifiable levels of Mar. 23, 1993; 58 FR 34205, June 23, 1993; 60 FR
PCB may be burned for energy recov- 34465, July 3, 1995; 61 FR 11106, Mar. 18, 1996;
ery only in the combustion facilities 63 FR 35439, June 29, 1998; 64 FR 33760, June
identified in paragraph (e)(1) of this 24, 1999]
section when such facilities are oper-
ating at normal operating tempera- § 761.30 Authorizations.
tures (this prohibits feeding these fuels The following non-totally enclosed
during either startup or shutdown op- PCB activities are authorized pursuant
erations). Owners and operators of such to section 6(e)(2)(B) of TSCA:
facilities are ‘‘burners’’ of used oil (a) Use in and servicing of transformers
fuels. (other than railroad transformers). PCBs
(ii) Before a burner accepts from a at any concentration may be used in
marketer the first shipment of used oil transformers (other than in railroad lo-
fuel containing detectable PCBs (2 comotives and self-propelled railroad
ppm), the burner must provide the cars) and may be used for purposes of
marketer a one-time written and servicing including rebuilding these
signed notice certifying that: transformers for the remainder of their
(A) The burner has complied with useful lives, subject to the following
any notification requirements applica- conditions:
ble to ‘‘qualified incinerators’’ (§ 761.3) (1) Use conditions. (i) As of October 1,
or to ‘‘burners’’ regulated under 40 CFR 1985, the use and storage for reuse of
part 279, subpart G. PCB Transformers that pose an expo-
(B) The burner will burn the used oil sure risk to food or feed is prohibited.
only in a combustion facility identified (ii) As of October 1, 1990, the use of
in paragraph (e)(1) of this section and network PCB Transformers with higher
identify the class of burner he quali- secondary voltages (secondary voltages
fies. equal to or greater than 480 volts, in-
(4) Recordkeeping requirements. The cluding 480/277 volt systems) in or near
following recordkeeping requirements commercial buildings is prohibited.
are in addition to the recordkeeping re- Network PCB Transformers with high-
quirements for marketers found in 40 er secondary voltages which are re-
CFR 279.72(b), 279.74(a), (b) and (c), and moved from service in accordance with
279.75, and for burners found in 40 CFR this requirement must either be reclas-
279.65 and 279.66. sified to PCB Contaminated or non
727
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
PCB status, placed into storage for dis- radial PCB Transformers and within
posal, or disposed. tenths of a second in the case of lower
(iii) Except as otherwise provided, as secondary voltage network PCB Trans-
of October 1, 1985, the installation of formers), before transformer rupture
PCB Transformers, which have been occurs. Lower secondary voltage radial
placed into storage for reuse or which PCB Transformers must be equipped
have been removed from another loca- with electrical protection as provided
tion, in or near commercial buildings in paragraph (a)(1)(iv)(E) of this sec-
is prohibited. tion. The installation, setting, and
(A) Retrofilled mineral oil PCB maintenance of current-limiting fuses
Transformers may be installed for re- or other equivalent technology to
classification purposes indefinitely
avoid PCB Transformer ruptures from
after October 1, 1990.
sustained high current faults must be
(B) Once a retrofilled transformer has
been installed for reclassification pur- completed in accordance with good en-
poses, it must be tested 3 months after gineering practices.
installation to ascertain the concentra- (B) All lower secondary voltage net-
tion of PCBs. If the PCB concentration work PCB Transformers not located in
is below 50 ppm, the transformer can be sidewalk vaults (network transformers
reclassified as a non-PCB Transformer. with secondary voltages below 480
If the PCB concentration is between 50 volts), in use in or near commercial
and 500 ppm, the transformer can be re- buildings, which have not been pro-
classified as a PCB-Contaminated tected as specified in paragraph
transformer. If the PCB concentration (a)(1)(iv)(A) of this section by October
remains at 500 ppm or greater, the en- 1, 1990, must be removed from service
tire process must either be repeated by October 1, 1993.
until the transformer has been reclassi- (C) As of October 1, 1990, owners of
fied to a non-PCB or PCB-Contami- lower secondary voltage network PCB
nated transformer in accordance with Transformers, in use in or near com-
paragraph (a)(2)(v) of this section or mercial buildings which have not been
the transformer must be removed from protected as specified in paragraph
service. (a)(1)(iv)(A) of this section and which
(iv) As of October 1, 1990, all higher
are not located in sidewalk vaults,
secondary voltage radial PCB Trans-
must register in writing those trans-
formers, in use in or near commercial
formers with the EPA Regional Admin-
buildings, and lower secondary voltage
network PCB Transformers not located istrator in the appropriate region. The
in sidewalk vaults in or near commer- information required to be provided in
cial buildings (network transformers writing to the Regional Administrator
with secondary voltages below 480 includes:
volts) that have not been removed from (1) The specific location of the PCB
service as provided in paragraph Transformer(s).
(a)(1)(iv)(B) of this section, must be (2) The address(es) of the building(s)
equipped with electrical protection to and the physical location of the PCB
avoid transformer ruptures caused by Transformer(s) on the building site(s).
high current faults. As of February 25, (3) The identification number(s) of
1991, all lower secondary voltage radial the PCB Transformer(s).
PCB Transformers, in use in or near (D) As of October 1, 1993, all lower
commercial buildings, must be secondary voltage network PCB Trans-
equipped with electrical protection to formers located in sidewalk vaults
avoid transformer ruptures caused by (network transformers with secondary
high current faults. voltages below 480 volts) in use near
(A) Current-limiting fuses or other
commercial buildings must be removed
equivalent technology must be used to
from service.
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
728
(E) As of February 25, 1991, all lower current fault. If automatic operation is
secondary voltage radial PCB Trans- selected and a circuit breaker is uti-
formers must be equipped with elec- lized for disconnection, it must also
trical protection, such as current-lim- have the capability to be manually
iting fuses or other equivalent tech- opened if necessary.
nology, to detect sustained high cur- (C) The enhanced electrical protec-
rent faults and provide for the com- tive system required for the detection
plete deenergization of the transformer of sustained low current faults and the
or complete deenergization of the complete and rapid deenergization of
faulted phase of the transformer within transformers must be properly in-
several hundredths of a second. The installed, maintained, and set sensitive
stallation, setting, and maintenance of enough (in accordance with good engi-
current-limiting fuses or other equiva- neering practices) to detect sustained
lent technology to avoid PCB Trans- low current faults and allow for rapid
former ruptures from sustained high and total deenergization prior to PCB
current faults must be completed in ac- Transformer rupture (either violent or
cordance with good engineering prac- non violent rupture) and release of
tices. PCBs.
(v) As of October 1, 1990, all radial (vi)(A) No later than December 28,
PCB Transformers with higher sec- 1998 all owners of PCB Transformers,
ondary voltages (480 volts and above, including those in storage for reuse,
including 480/277 volt systems) in use in must register their transformers with
or near commercial buildings must, in the Environmental Protection Agency,
addition to the requirements of para- National Program Chemicals Division,
graph (a)(1)(iv)(A) of this section, be Office of Pollution Prevention and
equipped with protection to avoid Toxics (7404), 1200 Pennsylvania Ave.,
transformer ruptures caused by sus- NW., Washington, DC 20460. This reg-
tained low current faults.
istration requirement is subject to the
(A) Pressure and temperature sensors
limitations in paragraph (a)(1) of this
(or other equivalent technology which
section.
has been demonstrated to be effective
(1) A transformer owner who assumes
in early detection of sustained low cur-
a transformer is a PCB-Contaminated
rent faults) must be used in these
transformer, and discovers after De-
transformers to detect sustained low
cember 28, 1998 that it is a PCB-Trans-
current faults.
former, must register the newly-identi-
(B) Disconnect equipment must be
fied PCB Transformer, in writing, with
provided to insure complete
the Environmental Protection Agency
deenergization of the transformer in
no later than 30 days after it is identi-
the event of a sensed abnormal condi-
fied as such. This requirement does not
tion (e.g., an overpressure or over-
apply to transformer owners who have
temperature condition in the trans-
previously registered with the EPA
former), caused by a sustained low cur-
PCB Transformers located at the same
rent fault. The disconnect equipment
address as the transformer that they
must be configured to operate auto-
assumed to be PCB-Contaminated and
matically within 30 seconds to 1
later determined to be a PCB Trans-
minute of the receipt of a signal indi-
former.
cating an abnormal condition from a
sustained low current fault, or can be (2) A person who takes possession of
configured to allow for manual a PCB Transformer after December 28,
deenergization from a manned on-site 1998 is not required to register or re-
control center upon the receipt of an register the transformer with the EPA.
audio or visual signal indicating an ab- (B) Any person submitting a registra-
normal condition caused by a sustained tion under this section must include:
low current fault. Manual (1) Company name and address.
deenergization from a manned on-site (2) Contact name and telephone num-
control center must occur within 1 ber.
minute of the receipt of the audio or (3) Address where these transformers
visual signal indicating an abnormal are located. For mobile sources such as
condition caused by a sustained low ships, provide the name of the ship.
729
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
(4) Number of PCB Transformers and sure, or, if unenclosed (unpartitioned),

the total weight in kilograms of PCBs within 5 meters of a PCB Transformer.
contained in the transformers. (ix) A visual inspection of each PCB
(5) Whether any transformers at this Transformer (as defined in the defini-
location contain flammable dielectric tion of ‘‘PCB Transformer’’ under
fluid (optional). § 761.3) in use or stored for reuse shall
(6) Signature of the owner, operator, be performed at least once every 3
or other authorized representative cer- months. These inspections may take
tifying the accuracy of the information place any time during the 3-month pe-
submitted. riods: January-March, April-June,
(C) A transformer owner must retain July-September, and October-Decem-
a record of each PCB Transformer’s ber as long as there is a minimum of 30
registration (e.g., a copy of the reg- days between inspections. The visual
istration and the return receipt signed inspection must include investigation
by EPA) with the inspection and main- for any leak of dielectric fluid on or
tenance records required for each PCB around the transformer. The extent of
Transformer under paragraph the visual inspections will depend on
(a)(1)(xii)(I) of this section. the physical constraints of each trans-
(D) A transformer owner must com- former installation and should not re-
ply with all requirements of paragraph quire an electrical shutdown of the
(a)(1)(vi)(A) of this section to continue transformer being inspected.
the PCB-Transformer’s authorization (x) If a PCB Transformer is found to
for use, or storage for reuse, pursuant have a leak which results in any quan-
to this section and TSCA section tity of PCBs running off or about to
6(e)(2)(B). run off the external surface of the
(vii) As of December 1, 1985, PCB transformer, then the transformer
Transformers in use in or near com- must be repaired or replaced to elimi-
mercial buildings must be registered nate the source of the leak. In all cases
with building owners. For PCB Trans- any leaking material must be cleaned
formers located in commercial build- up and properly disposed of according
ings, PCB Transformer owners must to disposal requirements of subpart D
register the transformers with the of this part. Cleanup of the released
building owner of record. For PCB PCBs must be initiated as soon as pos-
Transformers located near commercial sible, but in no case later than 48 hours
buildings, PCB Transformer owners of its discovery. Until appropriate ac-
must register the transformers with all tion is completed, any active leak of
owners of buildings located within 30 PCBs must be contained to prevent ex-
meters of the PCB Transformer(s). In- posure of humans or the environment
formation required to be provided to and inspected daily to verify contain-
building owners by PCB Transformer ment of the leak. Trenches, dikes,
owners includes but is not limited to: buckets, and pans are examples of
(A) The specific location of the PCB proper containment measures.
Transformer(s). (xi) If a PCB Transformer is involved
(B) The principal constituent of the in a fire-related incident, the owner of
dielectric fluid in the transformer(s) the transformer must immediately re-
(e.g., PCBs, mineral oil, or silicone oil). port the incident to the National Re-
(C) The type of transformer installa- sponse Center (toll-free 1–800–424–8802;
tion (e.g., 208/120 volt network, 208/120 in Washington, DC 202–426–2675). A fire-
volt radial, 208 volt radial, 480 volt net- related incident is defined as any inci-
work, 480/277 volt network, 480 volt ra- dent involving a PCB Transformer
dial, 480/277 volt radial). which involves the generation of suffi-
(viii) As of December 1, 1985, combus- cient heat and/or pressure (by any
tible materials, including, but not lim- source) to result in the violent or non-
ited to paints, solvents, plastics, paper, violent rupture of a PCB Transformer
and sawn wood must not be stored and the release of PCBs. Information
within a PCB Transformer enclosure must be provided regarding the type of
(i.e., in a transformer vault or in a par- PCB Transformer installation involved
titioned area housing a transformer); in the fire-related incident (e.g., high
within 5 meters of a transformer enclo- or low secondary voltage network
730
transformer, high or low secondary (A) A PCB Transformer which has

voltage simple radial system, expanded impervious, undrained, secondary con-
radial system, primary selective sys- tainment capacity of at least 100 per-
tem, primary loop system, or sec- cent of the total dielectric fluid vol-
ondary selective system or other sys- ume of all transformers so contained or
tems) and the readily ascertainable (B) A PCB Transformer which has
cause of the fire-related incident (e.g., been tested and found to contain less
high current fault in the primary or than 60,000 ppm PCBs (after 3 months
secondary or low current fault in sec- of in service use if the transformer has
ondary). The owner of the PCB Trans- been serviced for purposes of reducing
former must also take measures as the PCB concentration).
soon as practically and safely possible (xiv) An increased visual inspection
to contain and control any potential frequency of at least once every week
releases of PCBs and incomplete com- applies to any PCB Transformer in use
bustion products into water. These or stored for reuse which poses an ex-
measures include, but are not limited posure risk to food or feed. The user of
to: a PCB Transformer posing an exposure
(A) The blocking of all floor drains in risk to food is responsible for the in-
the vicinity of the transformer. spection, recordkeeping, and mainte-
(B) The containment of water runoff. nance requirements under this section
(C) The control and treatment (prior until the user notifies the owner that
to release) of any water used in subse- the transformer may pose an exposure
quent cleanup operations. risk to food or feed. Following such no-
(xii) Records of inspection and main- tification, it is the owner’s ultimate re-
tenance history shall be maintained at sponsibility to determine whether the
least 3 years after disposing of the PCB Transformer poses an exposure
transformer and shall be made avail- risk to food or feed.
able for inspection, upon request by
(xv) In the event a mineral oil trans-
EPA. Such records shall contain the
former, assumed to contain less than
following information for each PCB
500 ppm of PCBs as provided in § 761.2,
Transformer:
is tested and found to be contaminated
(A) Its location.
at 500 ppm or greater PCBs, it will be
(B) The date of each visual inspection
subject to all the requirements of this
and the date that leak was discovered,
part 761. In addition, efforts must be
if different from the inspection date.
initiated immediately to bring the
(C) The person performing the inspec-
transformer into compliance in accord-
tion.
ance with the following schedule:
(D) The location of any leak(s).
(A) Report fire-related incidents, ef-
(E) An estimate of the amount of di-
fective immediately after discovery.
electric fluid released from any leak.
(F) The date of any cleanup, contain- (B) Mark the PCB transformer within
ment, repair, or replacement. 7 days after discovery.
(G) A description of any cleanup, con- (C) Mark the vault door, machinery
tainment, or repair performed. room door, fence, hallway or other
(H) The results of any containment means of access to the PCB Trans-
and daily inspection required for un- former within 7 days after discovery.
corrected active leaks. (D) Register the PCB Transformer in
(I) Record of the registration of PCB writing with the building owner within
Transformer(s). 30 days of discovery.
(J) Records of transfer of ownership (E) Install electrical protective
in compliance with § 761.180(a)(2)(ix). equipment on a radial PCB Trans-
(xiii) A reduced visual inspection fre- former and a non-sidewalk vault, lower
quency of at least once every 12 secondary voltage network PCB Trans-
months applies to PCB Transformers former in or near a commercial build-
that utilize either of the following risk ing within 18 months of discovery or by
reduction measures. These inspections October 1, 1990, whichever is later.
may take place any time during the (F) Remove a non-sidewalk vault,
calendar year as long as there is a min- lower secondary voltage network PCB
imum of 180 days between inspections. Transformer in or near a commercial
731
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
building, if electrical protective equip- (ii) Any servicing (including rebuild-

ment is not installed, within 18 months ing) of PCB Transformers (as defined in
of discovery or by October 1, 1993, the definition of ‘‘PCB Transformer’’
whichever is later. under § 761.3) that requires the removal
(G) Remove a lower secondary volt- of the transformer coil from the trans-
age network PCB Transformer located former casing is prohibited. PCB
in a sidewalk vault in or near a com- Transformers may be serviced (includ-
mercial building, within 18 months of ing topping off) with dielectric fluid at
discovery or by October 1, 1993, which- any PCB concentration.
ever is later. (iii) PCBs removed during any serv-
(H) Retrofill and reclassify a radial icing activity must be captured and ei-
PCB Transformer or a lower or higher ther reused as dielectric fluid or dis-
secondary voltage network PCB Trans- posed of in accordance with the re-
former, located in other than a side- quirements of § 761.60. PCBs from PCB
walk vault in or near a commercial Transformers must not be mixed with
building, within 18 months or by Octo- or added to dielectric fluid from PCB-
ber 1, 1990, whichever is later. This is Contaminated Electrical Equipment.
an option in lieu of installing electrical (iv) Regardless of its PCB concentra-
protective equipment on a radial or tion, dielectric fluids containing less
lower secondary voltage network PCB than 500 ppm PCB that are mixed with
Transformer located in other than a fluids that contain 500 ppm or greater
PCB must not be used as dielectric
sidewalk vault or of removing a higher
fluid in any electrical equipment. The
secondary voltage network PCB Trans-
entire mixture of dielectric fluid must
former or a lower secondary voltage
be considered to be greater than 500
network PCB Transformer, located in a
ppm PCB and must be disposed of in an
sidewalk vault, from service.
incinerator that meets the require-
(I) Retrofill and reclassify a lower ments in § 761.70.
secondary voltage network PCB Trans- (v) You may reclassify a PCB Trans-
former, located in a sidewalk vault, in former that has been tested and deter-
or near a commercial building within mined to have a concentration of ≥500
18 months or by October 1, 1993, which- ppm PCBs to a PCB-Contaminated
ever is later. This is an option in lieu transformer (≥50 but < 500 ppm) or to a
of installing electrical protective non-PCB transformer (< 50 ppm), and
equipment or removing the trans- you may reclassify a PCB-Contami-
former from service. nated transformer that has been tested
(J) Retrofill and reclassify a higher and determined to have a concentra-
secondary voltage network PCB Trans- tion of ≥50 ppm but < 500 ppm to a non-
former, located in a sidewalk vault, in PCB transformer, as follows:
or near a commercial building within (A) Remove the free-flowing PCB di-
18 months or by October 1, 1990, which- electric fluid from the transformer.
ever is later. This is an option in lieu Flushing is not required. Either test
of other requirements. the fluid or assume it contains ≥1,000
(2) Servicing conditions. (i) Trans- ppm PCBs. Retrofill the transformer
formers classified as PCB-Contami- with fluid containing known PCB lev-
nated Electrical Equipment (as defined els according to the following table.
in the definition of ‘‘PCB-Contami- Determine the transformer’s reclassi-
nated Electrical Equipment’’ under fied status according to the following
§ 761.3) may be serviced (including re- table (if following this process does not
building) only with dielectric fluid con- result in the reclassified status you de-
taining less than 500 ppm PCB. sire, you may repeat the process):
732
If test results show the and test results show

and you retrofill the
PCB concentration the PCB concentration then the transformer’s
transformer with dielec- and you . . .
(ppm) in the transformer (ppm) after retrofill is . . reclassified status is. . .
tric fluid containing . . .
prior to retrofill is . . . .
≥1,000 (or untested) < 50 ppm PCBs operate the transformer ≥50 but < 500 PCB-contaminated
electrically under
loaded conditions for
at least 90-contin-
uous days after
retrofill, then test the
fluid for PCBs
< 50 ppm PCBs operate the transformer <50 non-PCB

electrically under
at least 90-contin-
uous days after
fluid for PCBs
≥500 but <1,000 <50 ppm PCBs test the fluid for PCBs ≥50 but <500 PCB-contaminated
at least 90 days after
retrofill
<50 ppm PCBs test the fluid for PCBs <50 non-PCB
retrofill
≥50 but <500 ≥2 but <50 ppm PCBs test the fluid for PCBs <50 non-PCB
retrofill
<2 ppm PCBs (no need to test) (not applicable) non-PCB
(B) If you discover that the PCB con- Pennsylvania Ave., NW., Washington,
centration of the fluid in a reclassified DC 20460. Describe the equipment you
transformer has changed, causing the plan to reclassify, the alternative re-
reclassified status to change, the trans- classification method you plan to use,
former is regulated based on the actual and test data or other evidence on the
concentration of the fluid. For exam- effectiveness of the method.
ple, a transformer that was reclassified (D) You must keep records of the re-
to non-PCB status is regulated as a classification required by § 761.180(g).
PCB-Contaminated transformer if you (vi) Any dielectric fluid containing 50
discover that the concentration of the ppm or greater PCB used for servicing
fluid has increased to ≥50 but <500 ppm transformers must be stored in accord-
PCBs. If you discover that the PCB ance with the storage for disposal re-
concentration of the fluid has risen to quirements of § 761.65.
≥500 ppm, the transformer is regulated (vii) Processing and distribution in
as a PCB Transformer. Follow para- commerce of PCBs for purposes of serv-
graphs (a)(1)(xv)(A) through (J) of this
icing transformers is permitted only
section to come into compliance with
for persons who are granted an exemp-
the regulations applicable to PCB
tion under TSCA 6(e)(3)(B).
Transformers. You also have the option
of repeating the reclassification proc- (b) Use in and servicing of railroad
ess. transformers. PCBs may be used in
(C) The Director, National Program transformers in railroad locomotives or
Chemicals Division, may, without fur- railroad self-propelled cars (‘‘railroad
ther rulemaking, grant approval on a transformers’’) and may be processed
case-by-case basis for the use of alter- and distributed in commerce for pur-
native methods to reclassify trans- poses of servicing these transformers in
formers. You may request an approval a manner other than a totally enclosed
by writing to the Director, National manner subject to the following condi-
Program Chemicals Division (7404), En- tions:
vironmental Protection Agency, 1200
733
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
(1) Use restrictions. After July 1, 1986, maintain a concentration level of <50
use of railroad transformers that con- ppm PCBs. Heat transfer systems may
tain dielectric fluids with a PCB con- only be serviced with fluids containing
centration >1,000 ppm is prohibited. <50 ppm PCBs.
(2) Servicing restrictions. (i) If the coil (e) Use in hydraulic systems. After
is removed from the casing of a rail- July 1, 1984, PCBs may be used in hy-
road transformer (e.g., the transformer draulic systems only at a concentra-
is rebuilt), after January 1, 1982, the tion level of <50 ppm. Hydraulic sys-
railroad transformer may not be re- tems that were in operation after July
filled with dielectric fluid containing a 1, 1984, with a concentration level of
PCB concentration greater than 50 <50 ppm PCBs may be serviced to main-
ppm; tain a concentration level of <50 ppm
(ii) After January 1, 1984, railroad PCBs. Hydraulic systems may only be
transformers may only be serviced serviced with fluids containing <50 ppm
with dielectric fluid containing less PCBs.
than 1000 ppm PCB, except as provided (f) Use in carbonless copy paper.
in paragraph (b)(2)(i) of this section; Carbonless copy paper containing PCBs
(iii) Dielectric fluid may be filtered may be used in a manner other than a
through activated carbon or otherwise totally enclosed manner indefinitely.
industrially processed for the purpose (g) [Reserved]
of reducing the PCB concentration in (h) Use in and servicing of
the fluid; electromagnets, switches and voltage reg-
(iv) Any PCB dielectric fluid that is ulators. PCBs at any concentration
used to service PCB railroad trans- may be used in electromagnets, switch-
formers must be stored in accordance es (including sectionalizers and motor
with the storage for disposal require- starters), and voltage regulators and
ments of § 761.65; may be used for purposes of servicing
(v) After July 1, 1979, processing and this equipment (including rebuilding)
distribution in commerce of PCBs for for the remainder of their useful lives,
purposes of servicing railroad trans- subject to the following conditions:
formers is permitted only for persons (1) Use conditions. (i) After October 1,
who are granted an exemption under 1985, the use and storage for reuse of
TSCA section 6(e)(3)(B). any electromagnet which poses an ex-
(vi) A PCB Transformer may be con- posure risk to food or feed is prohibited
verted to a PCB-Contaminated Trans- if the electromagnet contains greater
former or to a non-PCB Transformer by than 500 ppm PCBs.
draining, refilling, and/or otherwise (ii) Use and storage for reuse of volt-
servicing the railroad transformer. In age regulators which contain 1.36 kilo-
order to reclassify, the railroad trans- grams (3 lbs) or more of dielectric fluid
former’s dielectric fluid must contain with a PCB concentration of ≥500 ppm
less than 500 ppm (for conversion to are subject to the following provisions:
PCB-Contaminated Transformer) or (A) The owner of the voltage regu-
less than 50 ppm PCB (for conversion to lator must mark its location in accord-
a non-PCB Transformer) after a min- ance with § 761.40.
imum of three months of inservice use (B) If a voltage regulator is involved
subsequent to the last servicing con- in a fire-related incident, the owner
ducted for the purpose of reducing the must immediately report the incident
PCB concentration in the transformer. to the National Response Center (Toll-
(c) Use in mining equipment. After free: 1–800–424–8802; in Washington, DC:
January 1, 1982, PCBs may be used in 202–426–2675). A fire-related incident is
mining equipment only at a concentra- defined as any incident that involves
tion level of <50 ppm. the generation of sufficient heat and/or
(d) Use in heat transfer systems. After pressure, by any source, to result in
July 1, 1984, PCBs may be used in heat the violent or non-violent rupture of
transfer systems only at a concentra- the voltage regulator and the release of
tion level of < 50 ppm. Heat transfer PCBs.
systems that were in operation after (C) The owner of the voltage regu-
July 1, 1984, with a concentration level lator must inspect it in accordance
of <50 ppm PCBs may be serviced to with the requirements of paragraphs
734
(a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of PCB-Contaminated Electrical Equip-

this section that apply to PCB Trans- ment.
formers. (iv) Regardless of its PCB concentra-
(D) The owner of the voltage regu- tion, dielectric fluids containing less
lator must comply with the record- than 500 ppm PCB that are mixed with
keeping and reporting requirements at fluids that contain 500 ppm or greater
§ 761.180. PCB must not be used as dielectric
(iii) The owner of a voltage regulator fluid in any electrical equipment. The
that assumes it contains <500 ppm entire mixture of dielectric fluid must
PCBs as provided in § 761.2, and dis- be considered to be greater than 500
covers by testing that it is contami- ppm PCB and must be disposed of in an
nated at ≥500 ppm PCBs, must comply incinerator that meets the require-
with paragraph (h)(1)(ii)(A) of this sec- ments of § 761.70.
tion 7 days after the discovery, and
(v) You may reclassify an electro-
paragraphs (h)(1)(ii)(B), (h)(1)(ii)(C),
magnet, switch, or voltage regulator
and (h)(1)(ii)(D) of this section imme-
that has been tested and determined to
diately upon discovery.
have a concentration of ≥500 ppm PCBs
(2) Servicing conditions. (i) Servicing
(including rebuilding) any electro- to PCB-Contaminated status (≥50 but
magnet, switch, or voltage regulator <500 ppm) or to non-PCB status (<50
with a PCB concentration of 500 ppm or ppm), and you may reclassify a PCB-
greater which requires the removal and Contaminated electromagnet, switch,
rework of the internal components is or voltage regulator that has been test-
prohibited. ed and determined to have a concentra-
(ii) Electromagnets, switches, and tion of ≥50 ppm but <500 ppm to a non-
voltage regulators classified as PCB- PCB status, as follows:
Contaminated Electrical Equipment (A) Remove the free-flowing PCB di-
(as defined in the definition of ‘‘PCB- electric fluid from the electromagnet,
Contaminated Electrical Equipment’’ switch, or voltage regulator. Flushing
under § 761.3) may be serviced (includ- is not required. Either test the fluid or
ing rebuilding) only with dielectric assume it contains ≥1,000 ppm PCBs.
fluid containing less than 500 ppm PCB. Retrofill the electromagnet, switch, or
(iii) PCBs removed during any serv- voltage regulator with fluid containing
icing activity must be captured and ei- known PCB levels according to the fol-
ther reused as dielectric fluid or dis- lowing table. Determine the electro-
posed of in accordance with the re- magnet, switch, or voltage regulator’s
quirements of § 761.60. PCBs from reclassified status according to the fol-
electromagnets switches, and voltage lowing table (if following this process
regulators with a PCB concentration of does not result in the reclassified sta-
at least 500 ppm must not be mixed tus you desire, you may repeat the
with or added to dielectric fluid from process):
If test results show the and test results show then the electromagnet,
PCB concentration the PCB concentration switch, or voltage regu-
equipment with dielec- and you . . .
(ppm) in the equipment (ppm) after retrofill is . . lator’s reclassified sta-
prior to retrofill is . . . . tus is . . .
≥1,000 (or untested) <50 ppm PCBs operate the equipment ≥50 but <500 PCB-contaminated
electrically under
at least 90-contin-
uous days after
fluid for PCBs
<50 ppm PCBs operate the equipment <50 non-PCB

electrically under
at least 90-contin-
uous days after
fluid for PCBs
735
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
If test results show the and test results show then the electromagnet,
PCB concentration the PCB concentration switch, or voltage regu-
equipment with dielec- and you . . .
(ppm) in the equipment (ppm) after retrofill is . . lator’s reclassified sta-
prior to retrofill is . . . . tus is . . .
≥500 but <1,000 <50 ppm PCBs test the fluid for PCBs ≥50 but <500 PCB-contaminated
retrofill
<50 ppm PCBs test the fluid for PCBs <50 non-PCB
retrofill
≥50 but <500 ≥2 but <50 ppm PCBs test the fluid for PCBs <50 non-PCB
retrofill
<2 ppm PCBs (no need to test) (not applicable) non-PCB
(B) If you discover that the PCB con- (vi) Any dielectric fluid containing 50
centration of the fluid in a reclassified ppm or greater PCB used for servicing
electromagnet, switch, or voltage regu- electromagnets, switches, or voltage
lator has changed, causing the reclassi- regulators must be stored in accord-
fied status to change, the electro- ance with the storage for disposal re-
magnet, switch, or voltage regulator is quirements of § 761.65.
regulated based on the actual con- (vii) Processing and distribution in
centration of the fluid. For example, an commerce of PCBs for purposes of serv-
electromagnet, switch, or voltage regu- icing electromagnets, switches or volt-
lator that was reclassified to non-PCB age regulators is permitted only for
status is regulated as a PCB-Contami- persons who are granted an exemption
nated electromagnet, switch, or volt- under TSCA 6(e)(3)(B).
age regulator if you discover that the (i) Use and reuse of PCBs in natural
concentration of the fluid has in- gas pipeline systems; use and reuse of
creased to ≥50 but <500 ppm PCBs. If PCB-Contaminated natural gas pipe and
you discover that the PCB concentra- appurtenances. (1)(i) PCBs are author-
tion of the fluid in a voltage regulator ized for use in natural gas pipeline sys-
has risen to ≥500 ppm, follow paragraph tems at concentrations <50 ppm.
(h)(1)(iii) of this section to come into (ii) PCBs are authorized for use, at
compliance with the regulations appli- concentrations ≥50 ppm, in natural gas
cable to voltage regulators containing pipeline systems not owned or operated
≥500 ppm PCBs. You also have the op- by a seller or distributor of natural
tion of repeating the reclassification gas.
process. (iii)(A) PCBs are authorized for use,
(C) The Director, National Program at concentrations ≥50 ppm, in natural
Chemicals Division may, without fur- gas pipeline systems owned or operated
ther rulemaking, grant approval on a by a seller or distributor of natural
case-by-case basis for the use of alter- gas, if the owner or operator:
native methods to reclassify (1) Submits to EPA, upon request, a
electromagnets, switches or voltage written description of the general na-
regulators. You may request an ap- ture and location of PCBs ≥50 ppm in
proval by writing to the Director, Na- their natural gas pipeline system. Each
tional Program Chemicals Division written description shall be submitted
(7404), Environmental Protection Agen- to the EPA Regional Administrator
cy,1200 Pennsylvania Ave., NW., Wash- having jurisdiction over the segment or
ington, DC 20460. Describe the equip- component of the system (or the Direc-
ment you plan to reclassify, the alter- tor, National Program Chemicals Divi-
native reclassification method you sion, Office of Prevention, Pesticides,
plan to use, and test data or other evi- and Toxic Substances, if the system is
dence on the effectiveness of the meth- contaminated in more than one re-
od. gion).
(D) You must keep records of the re- (2) Within 120 days after discovery of
classification required by § 761.180(g). PCBs ≥50 ppm in natural gas pipeline
736
systems, or by December 28, 1998, must comply with the other provisions
whichever is later, characterizes the of this section (e.g., sampling of any
extent of PCB contamination by col- collected PCB liquids and record-
lecting and analyzing samples to iden- keeping).
tify the upstream and downstream end (C) The owner or operator of a nat-
points of the segment or component ural gas pipeline system must docu-
where PCBs ≥50 ppm were discovered. ment in writing all data collected and
(3) Within 120 days of characteriza- actions taken, or not taken, pursuant
tion of the extent of PCB contamina- to the authorization in paragraph
tion, or by December 28, 1998, which- (i)(1)(iii)(A) of this section. They must
ever is later, samples and analyzes all maintain the information for 3 years
potential sources of introduction of after the PCB concentration in the
PCBs into the natural gas pipeline sys- component or segment is reduced to
tem for PCBs ≥50 ppm. Potential <50 ppm, and make it available to EPA
sources include natural gas compres- upon request.
sors, natural gas scrubbers, natural gas
(D) The Director, National Program
filters, and interconnects where nat-
Chemicals Division, after consulting
ural gas is received upstream from the
with the appropriate EPA Region(s)
most downstream sampling point
may, based on a finding of no unreason-
where PCBs ≥50 ppm were detected; po-
able risk, modify in writing the re-
tential sources exclude valves, drips, or
quirements of paragraph (i)(1)(iii)(A) of
other small liquid condensate collec-
this section, including extending any
tion points.
compliance date, approving alternative
(4) Within 1 year of characterization
formats for documentation, waiving
of the extent of PCB contamination,
one or more requirements for a seg-
reduces all demonstrated sources of
PCBs ≥50 ppm to <50 ppm, or removes ment or component, requiring sam-
such sources from the natural gas pipe- pling and analysis, and requiring im-
line system; or implements other engi- plementation of engineering measures
neering measures or methods to reduce to reduce PCB concentrations. EPA
PCB levels to <50 ppm and to prevent will make such modifications based on
further introduction of PCBs ≥50 ppm the natural gas pipeline system size,
into the natural gas pipeline system configuration, and current operating
(e.g., pigging, decontamination, in-line conditions; nature, extent or source of
filtration). contamination; proximity of contami-
(5) Repeats sampling and analysis at nation to end-users; or previous sam-
least annually where PCBs are ≥50 ppm, pling, monitoring, remedial actions or
until sampling results indicate the nat- documentation of activities taken re-
ural gas pipeline segment or compo- garding compliance with this author-
nent is <50 ppm PCB in two successive ization or other applicable Federal,
samples with a minimum interval be- State, or local laws and regulations.
tween samples of 180 days. The Director, National Program
(6) Marks aboveground sources of Chemicals Division, may defer the au-
PCB liquids in natural gas pipeline sys- thority described in this paragraph,
tems with the ML Mark in accordance upon request, to the appropriate EPA
with § 761.45(a), where such sources Region.
have been demonstrated through his- (E) The owner or operator of a nat-
torical data or recent sampling to con- ural gas pipeline system may use his-
tain PCBs ≥50 ppm. torical data to fulfill the requirements
(B) Owners or operators of natural of paragraphs (i)(1)(iii)(A)(1),
gas pipeline systems which do not in- (i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of
clude potential sources of PCB con- this section. They may use documented
tamination as described in paragraph historical actions taken to reduce PCB
(i)(1)(iii)(A)(3) of this section con- concentrations in known sources; de-
taining ≥50 ppm PCB are not subject to contaminate components or segments
paragraphs (i)(1)(iii)(A)(2), of natural gas pipeline systems; or oth-
(i)(1)(iii)(A)(3), (i)(1)(iii)(A)(4), or erwise to reduce PCB levels to fulfill
(i)(1)(iii)(A)(6) of this section. Owners the requirements of paragraph
or operators of these systems, however, (i)(1)(iii)(A)(4) of this section.
737
§ 761.30 40 CFR Ch. I (7–1–10 Edition)
(2) Any person may reuse PCB-Con- other use of liquid containing PCBs at
taminated natural gas pipe and appur- concentrations above the quantifiable
tenances in a natural gas pipeline sys- level/level of detection removed from a
tem, provided all free-flowing liquids natural gas pipeline system is author-
have been removed. ized.
(3) Any person may use PCB-Con- (j) Research and development. For pur-
taminated natural gas pipe, drained of poses of this section, authorized re-
all free-flowing liquids, in the trans- search and development (R&D) activi-
port of liquids (e.g., bulk hydrocarbons, ties include, but are not limited to: the
chemicals, petroleum products, or coal chemical analysis of PCBs, including
slurry), as casing to provide secondary analyses to determine PCB concentra-
containment or protection (e.g., pro- tion; determinations of the physical
tection for electrical cable), as indus- properties of PCBs; studies of environ-
trial structural material (e.g., fence mental transport processes; studies of
posts, sign posts, or bridge supports), biochemical transport processes; stud-
as temporary flume at construction ies of effects of PCBs on the environ-
sites, as equipment skids, as culverts ment; and studies of the health effects
under transportation systems in inter- of PCBs, including direct toxicity and
mittent flow situations, for sewage toxicity of metabolic products of PCBs.
service with written consent of the Authorized R&D activities do not in-
Publicly Owned Treatment Works clude research, development, or anal-
(POTW), for steam service, as irriga- ysis for the development of any PCB
tion systems (<20 inch diameter) of less product. Any person conducting R&D
than 200 miles in length, and in a to- activities under this section is also re-
tally enclosed compressed air system. sponsible for determining and com-
(4) Any person characterizing PCB plying with all other applicable Fed-
contamination in natural gas pipe or eral, State, and local laws and regula-
natural gas pipeline systems must do tions. Although the use of PCBs and
so by analyzing organic liquids col- PCBs in analytical reference samples
lected at existing condensate collec- derived from waste material is author-
tion points in the pipe or pipeline sys- ized in conjunction with PCB-disposal
tem. The level of PCB contamination related activities, R&D for PCB dis-
found at a collection point is assumed posal (as defined under § 761.3) is ad-
to extend to the next collection point dressed in § 761.60(j). PCBs and PCBs in
downstream. Any person character-
analytical reference samples derived
izing multi-phasic liquids must do so in
from waste materials are authorized
accordance with § 761.1(b)(4); if no liq-
for use, in a manner other than a to-
uids are present, they must use stand-
tally enclosed manner, provided that:
ard wipe samples in accordance with
subpart M of this part. (1) They obtain the PCBs and PCBs in
(5)(i) Any person disposing of liquids analytical reference samples derived
containing PCBs ≥50 ppm removed, from waste materials from sources au-
spilled, or otherwise released from a thorized under § 761.80 to manufacture,
natural gas pipeline system must do so process, and distribute PCBs in com-
in accordance with § 761.61(a)(5)(iv) merce and the PCBs are packaged in
based on the PCB concentration at the compliance with the Hazardous Mate-
time of removal from the system. Any rials Regulations at 49 CFR parts 171
person disposing of materials contami- through 180.
nated by spills or other releases of (2) They store all PCB wastes result-
PCBs ≥50 ppm from a natural gas pipe- ing from R&D activities (e.g., spent
line systems, must do so in accordance laboratory samples, residuals, con-
with §§ 761.61 or 761.79, as applicable. taminated media such as clothing, etc.)
(ii) Any person who markets or burns in compliance with § 761.65(b) and dis-
for energy recovery liquids containing pose of all PCB wastes in compliance
PCBs at concentrations <50 ppm PCBs with § 761.64.
at the time of removal from a natural (3) [Reserved]
gas pipeline system must do so in ac- (4) No person may manufacture, proc-
cordance with the provisions per- ess, or distribute in commerce PCBs for
taining to used oil at § 761.20(e). No research and development unless they
738
have been granted an exemption to do (ii) Any circuit breaker, recloser or

so under TSCA section 6(e)(3)(B). cable found to contain at least 50 ppm
(k) Use in scientific instruments. PCBs PCBs may be serviced only in accord-
may be used indefinitely in scientific ance with the conditions contained in
instruments, for example, in oscilla- 40 CFR 761.30(h)(2).
tory flow birefringence and (2) [Reserved]
viscoelasticity instruments for the (n)–(o) [Reserved]
study of the physical properties of (p) Continued use of porous surfaces
polymers, as microscopy mounting contaminated with PCBs regulated for
fluids, as microscopy immersion oil, disposal by spills of liquid PCBs. (1) Any
and as optical liquids in a manner person may use porous surfaces con-
other than a totally enclosed manner. taminated by spills of liquid PCBs at
No person may manufacture, process, concentrations >10 μg/100 cm2 for the
or distribute in commerce PCBs for use remainder of the useful life of the sur-
in scientific instruments unless they faces and subsurface material if the
have been granted an exemption to do following conditions are met:
so under TSCA section 6(e)(3)(B). (i) The source of PCB contamination
(l) Use in capacitors. PCBs at any con- is removed or contained to prevent fur-
centration may be used in capacitors, ther release to porous surfaces.
subject to the following conditions: (ii) If the porous surface is accessible
(1) Use conditions. (i) After October 1, to superficial surface cleaning:
1988, the use and storage for reuse of (A) The double wash rinse procedure
PCB Large High Voltage Capacitors in subpart S of this part is conducted
and PCB Large Low Voltage Capacitors on the surface to remove surface PCBs.
which pose an exposure risk to food or
(B) The treated surface is allowed to
feed is prohibited.
dry for 24 hours.
(ii) After October 1, 1988, the use of
(iii) After accessible surfaces have
PCB Large High Voltage Capacitors
been cleaned according to paragraph
and PCB Large Low Voltage Capacitors
(p)(1)(ii) of this section and for all sur-
is prohibited unless the capacitor is
faces inaccessible to cleanup:
used within a restricted-access elec-
trical substation or in a contained and (A) The surface is completely covered
restricted-access indoor installation. A to prevent release of PCBs with:
restricted-access electrical substation (1) Two solvent resistant and water
is an outdoor, fenced or walled-in facil- repellent coatings of contrasting colors
ity that restricts public access and is to allow for a visual indication of wear
used in the transmission or distribu- through or loss of outer coating integ-
tion of electric power. A contained and rity; or
restricted-access indoor installation (2) A solid barrier fastened to the sur-
does not have public access and has an face and covering the contaminated
adequate roof, walls, and floor to con- area or all accessible parts of the con-
tain any release of PCBs within the in- taminated area. Examples of inacces-
door location. sible areas are underneath a floor-
(2) [Reserved] mounted electrical transformer and in
(m) Use in and servicing of circuit an impassible space between an elec-
breakers, reclosers and cable. PCBs at trical transformer and a vault wall.
any concentration may be used in cir- (B) The surface is marked with the
cuit breakers, reclosers, and cable and ML Mark in a location easily visible to
may be used for purposes of servicing individuals present in the area; the ML
this electrical equipment (including re- Mark shall be placed over the encap-
building) for the remainder of their sulated area or the barrier to the en-
useful lives, subject to the following capsulated area.
conditions: (C) ML Marks shall be replaced when
(1) Servicing conditions. (i) Circuit worn or illegible.
breakers, reclosers, and cable may be (2) Removal of a porous surface con-
serviced (including rebuilding) only taminated with PCBs from its location
with dielectric fluid containing less or current use is prohibited except for
than 50 ppm PCB. removal for disposal in accordance
739
§ 761.35 40 CFR Ch. I (7–1–10 Edition)
with §§ 761.61 or 761.79 for surfaces con- applicable to natural gas pipeline sys-
taminated by spills, or § 761.62 for man- tems at paragraphs (i)(1)(iii)(A),
ufactured porous surfaces. (i)(1)(iii)(C) through (i)(1)(iii)(E), and
(q) [Reserved] (i)(2) through (i)(5) of this section.
(r) Use in and servicing of rectifiers. (u) Use of decontaminated materials. (1)
Any person may use PCBs at any con- Any person may use equipment, struc-
centration in rectifiers for the remain- tures, other non-liquid or liquid mate-
der of the PCBs’ useful life, and may rials that were contaminated with
use PCBs <50 ppm in servicing (includ- PCBs during manufacture, use, serv-
ing rebuilding) rectifiers. icing, or because of spills from, or prox-
(s) Use of PCBs in air compressor sys- imity to, PCBs ≥50 ppm, including
tems. (1) Any person may use PCBs in those not otherwise authorized for use
air compressor systems at concentra- under this part, provided:
tions <50 ppm. (i) The materials were decontami-
(2) Any person may use PCBs in air nated in accordance with:
compressor systems (or components (A) A TSCA PCB disposal approval
thereof) at concentrations ≥50 ppm pro- issued under subpart D of this part;
vided that: (B) Section 761.79; or
(i) All free-flowing liquids containing (C) Applicable EPA PCB spill cleanup
PCBs ≥50 ppm are removed from the air policies (e.g., TSCA, RCRA, CERCLA,
compressor crankcase and the crank- EPA regional) in effect at the time of
case is refilled with non-PCB liquid. the decontamination; or
(ii) Other air compressor system (ii) If not previously decontaminated,
components contaminated with PCBs the materials now meet an applicable
≥50 ppm, are decontaminated in accord- decontamination standard in § 761.79(b).
ance with § 761.79 or disposed of in ac- (2) No person shall use or reuse mate-
cordance with subpart D of this part. rials decontaminated in accordance
(iii) Air compressor piping with a with paragraph (u)(1)(i) of this section
nominal inside diameter of <2 inches is or meeting an applicable decontamina-
decontaminated by continuous flushing tion standard in paragraph (u)(1)(ii) of
for 4 hours, at no <300 gallons per hour this section, in direct contact with
(§ 761.79 contains solvent requirements). food, feed, or drinking water unless
(3) The requirements in paragraph otherwise allowed under this section or
(s)(2) of this section must be completed this part.
by August 30, 1999 or within 1 year of (3) Any person may use water con-
the date of discovery of PCBs at ≥50 taining PCBs at concentrations ≤0.5μg/
ppm in the air compressor system, L PCBs without restriction.
whichever is later. The EPA Regional (4) Any person may use water con-
Administrator for the EPA Region in taining PCBs at concentrations <200 μg/
which an air compressor system is lo- L (i.e., < 200 ppb PCBs) for non-contact
cated may, at his/her discretion and in use in a closed system where there are
writing, extend this timeframe. no releases (e.g., as a non-contact cool-
(t) Use of PCBs in other gas or liquid ing water).
transmission systems. (1) PCBs are au- (Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15
thorized for use in intact and non-leak- U.S.C. 2605)
ing gas or liquid transmission systems [44 FR 31542, May 31, 1979. Redesignated at 47
at concentrations <50 ppm PCBs. FR 19527, May 6, 1982]
(2) PCBs are authorized for use at EDITORIAL NOTE: For FEDERAL REGISTER ci-
concentrations ≥50 ppm in intact and tations affection § 761.30 see the List of CFR
non-leaking gas or liquid transmission Sections Affected, which appears in the
systems not owned or operated by a Finding Aids section of the printed volume
seller or distributor of the gas or liquid and on GPO Access.
transmitted in the system.
(3) Any person may use PCBs at con- § 761.35 Storage for reuse.
centrations ≥50 ppm in intact and non- (a) The owner or operator of a PCB
leaking gas or liquid transmission sys- Article may store it for reuse in an
tems, with the written approval of the area which is not designed, con-
Director, National Program Chemicals structed, and operated in compliance
Division, subject to the requirements with § 761.65(b), for no more than 5
740
years after the date the Article was Subpart C—Marking of PCBs and
originally removed from use (e.g., dis- PCB Items
connected electrical equipment) or 5
years after August 28, 1998, whichever § 761.40 Marking requirements.
is later, if the owner or operator com-
(a) Each of the following items in ex-
plies with the following conditions:
istence on or after July 1, 1978 shall be
(1) Follows all use requirements at
marked as illustrated in Figure 1 in
§ 761.30 and marking requirements at
§ 761.45(a): The mark illustrated in Fig-
subpart C of this part that are applica-
ure 1 is referred to as ML throughout
ble to the PCB Article.
this subpart.
(2) Maintains records starting at the
(1) PCB Containers;
time the PCB Article is removed from
(2) PCB Transformers at the time of
use or August 28, 1998. The records
manufacture, at the time of distribu-
must indicate:
tion in commerce if not already
(i) The date the PCB Article was re-
marked, and at the time of removal
moved from use or August 28, 1998, if
from use if not already marked. [Mark-
the removal date is not known.
ing of PCB-Contaminated Electrical
(ii) The projected location and the fu- Equipment is not required];
ture use of the PCB Article. (3) PCB Large High Voltage Capaci-
(iii) If applicable, the date the PCB tors at the time of manufacture, at the
Article is scheduled for repair or serv- time of distribution in commerce if not
icing. already marked, and at the time of re-
(b) The owner or operator of a PCB moval from use if not already marked;
Article may store it for reuse in an (4) Equipment containing a PCB
area that does not comply with Transformer or a PCB Large High Volt-
§ 761.65(b) for a period longer than 5 age Capacitor at the time of manufac-
years, provided that the owner or oper- ture, at the time of distribution in
ator has received written approval commerce if not already marked, and
from the EPA Regional Administrator at the time of removal of the equip-
for the Region in which the PCB Arti- ment from use if not already marked;
cle is stored. An owner or operator of a (5) PCB Large Low Voltage Capaci-
PCB Article seeking approval to extend tors at the time of removal from use
the 5–year period must submit a re- (see also paragraph (k) of this section).
quest for extension to the EPA Re-
(6) Electric motors using PCB cool-
gional Administrator at least 6 months
ants (See also paragraph (e) of this sec-
before the 5-year storage for reuse pe-
tion).
riod expires and must include an item-
(7) Hydraulic systems using PCB hy-
by-item justification for the desired ex-
draulic fluid (See also paragraph (e) of
tension. The EPA Regional Adminis-
this section);
trator may include any conditions to
(8) Heat transfer systems (other than
such approval deemed necessary to pro-
PCB Transformers) using PCBs (See
tect health or the environment. The
also paragraph (e) of this section);
owner or operator of the PCB Article
being stored for reuse must comply (9) PCB Article Containers con-
with the other applicable provisions of taining articles or equipment that
this part, including the record reten- must be marked under paragraphs (a)
tion requirements at § 761.180(a). (1) through (8) of this section;
(c) Any person may store a PCB Arti- (10) Each storage area used to store
cle for reuse indefinitely in: PCBs and PCB Items for disposal.
(b) As of October 1, 1978, each trans-
(1) A unit in compliance with
port vehicle loaded with PCB Con-
§ 761.65(b).
tainers that contain more than 45 kg
(2) A unit permitted under section
(99.4 lbs.) of liquid PCBs at concentra-
3004 of RCRA to manage hazardous
tions of ≥50 ppm or with one or more
wastes in containers.
PCB Transformers shall be marked on
(3) A unit permitted by a State au-
each end and each side with the ML
thorized under section 3006 of RCRA to
mark as described in § 761.45(a).
manage hazardous waste.
(c) As of January 1, 1979, the fol-
[63 FR 35443, June 29, 1998] lowing PCB Articles shall be marked
741
§ 761.40 40 CFR Ch. I (7–1–10 Edition)
with mark ML as described in the exterior of the PCB Items, storage

§ 761.45(a): units, or transport vehicles so that the
(1) All PCB Transformers not marked marks can be easily read by any per-
under paragraph (a) of this section sons inspecting or servicing the
[marking of PCB-Contaminated Elec- marked PCB Items, storage units, or
trical Equipment is not required]; transport vehicles.
(2) All PCB Large High Voltage Ca- (i) Any chemical substance or mix-
pacitors not marked under paragraph ture that is manufactured after the ef-
(a) of this section fective date of this rule and that con-
(i) Will be marked individually with tains less than 500 ppm PCB (0.05% on
mark ML, or a dry weight basis), including PCB that
(ii) If one or more PCB Large High is a byproduct or impurity, must be
Voltage Capacitors are installed in a marked in accordance with any re-
protected location such as on a power quirements contained in the exemption
pole, or structure, or behind a fence; granted by EPA to permit such manu-
the pole, structure, or fence shall be facture and is not subject to any other
marked with mark ML, and a record or requirement in this subpart unless so
procedure identifying the PCB Capaci- specified in the exemption. This para-
tors shall be maintained by the owner graph applies only to containers of
or operator at the protected location. chemical substances or mixtures. PCB
(d) As of January 1, 1979, all PCB articles and equipment into which the
Equipment containing a PCB Small Ca- chemical substances or mixtures are
pacitor shall be marked at the time of processed, are subject to the marking
manufacture with the statement, ‘‘This requirements contained elsewhere in
equipment contains PCB Capacitor(s)’’. this subpart.
The mark shall be of the same size as (j) PCB Transformer locations shall
the mark ML.
be marked as follows:
(e) As of October 1, 1979, applicable
(1) Except as provided in paragraph
PCB Items in paragraphs (a)(1), (a)(6),
(j)(2) of this section, as of December 1,
(a)(7), and (a)(8) of this section con-
taining PCBs in concentrations of 50 to 1985, the vault door, machinery room
500 ppm shall be marked with the ML door, fence, hallway, or means of ac-
mark as described in § 761.45(a). cess, other than grates and manhole
(f) Where mark ML is specified but covers, to a PCB Transformer must be
the PCB Article or PCB Equipment is marked with the mark ML as required
too small to accomodate the smallest by paragraph (a) of this section.
permissible size of mark ML, mark MS (2) A mark other than the ML mark
as described in § 761.45(b), may be used may be used provided all of the fol-
instead of mark ML. lowing conditions are met:
(g) Each large low voltage capacitor, (i) The program using such an alter-
each small capacitor normally used in native mark was initiated prior to Au-
alternating current circuits, and each gust 15, 1985, and can be substantiated
fluorescent light ballast manufactured with documentation.
(‘‘manufactured’’, for purposes of this (ii) Prior to August 15, 1985, coordina-
sentence, means built) between July 1, tion between the transformer owner
1978 and July 1, 1998 that do not con- and the primary fire department oc-
tain PCBs shall be marked by the man- curred, and the primary fire depart-
ufacturer at the time of manufacture ment knows, accepts, and recognizes
with the statement, ‘‘No PCBs’’. The what the alternative mark means, and
mark shall be of similar durability and that this can be substantiated with
readability as other marking that indi- documentation.
cate electrical information, part num- (iii) The EPA Regional Adminis-
bers, or the manufacturer’s name. For trator in the appropriate region is in-
purposes of this paragraph marking re- formed in writing of the use of the al-
quirement only is applicable to items ternative mark by October 3, 1988 and
built domestically or abroad after June is provided with documentation that
30, 1978. the program began before August 15,
(h) All marks required by this sub- 1985, and documentation that dem-
part must be placed in a position on onstrates that prior to that date the
742
primary fire department knew, accept- manhole covers, must be marked with
ed and recognized the meaning of the the ML mark as described in § 761.45(a).
mark, and included this information in
[44 FR 31542, May 31, 1979. Redesignated at 47
firefighting training.
FR 19527, May 6, 1982, and amended at 47 FR
(iv) The Regional Administrator will 37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985;
either approve or disapprove in writing 50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15,
the use of an alternative mark within 1988; 53 FR 27329, July 19, 1988; 63 FR 35443,
30 days of receipt of the documentation June 29, 1998; 64 FR 33760, June 24, 1999]
of a program.
(3) Any mark placed in accordance § 761.45 Marking formats.
with the requirements of this section The following formats shall be used
must be placed in the locations de- for marking:
scribed in paragraph (j)(1) of this sec- (a) Large PCB Mark—ML. Mark ML
tion and in a manner that can be easily shall be as shown in Figure 1, letters
read by emergency response personnel
and striping on a white or yellow back-
fighting a fire involving this equip-
ground and shall be sufficiently dura-
ment.
ble to equal or exceed the life (includ-
(k) As of April 26, 1999 the following
ing storage for disposal) of the PCB Ar-
PCB Items shall be marked with the
ticle, PCB Equipment, or PCB Con-
ML mark as described in § 761.45(a):
tainer. The size of the mark shall be at
(1) All PCB Large Low Voltage Ca-
least 15.25 cm (6 inches) on each side. If
pacitors not marked under paragraph
the PCB Article or PCB Equipment is
(a) of this section shall be marked indi-
too small to accommodate this size,
vidually, or if one or more PCB Large
Low Voltage Capacitors are installed the mark may be reduced in size pro-
in a protected location such as on a portionately down to a minimum of 5
power pole, or structure, or behind a cm (2 inches) on each side.
fence, then the owner or operator shall (b) Small PCB Mark—Ms. Mark Ms
mark the pole, structure, or fence with shall be as shown in Figure 2, letters
the ML mark, and maintain a record or and striping on a white or yellow back-
procedure identifying the PCB Capaci- ground, and shall be sufficiently dura-
tors at the protected location. PCB ble to equal or exceed the life (includ-
Large Low Voltage Capacitors in inac- ing storage for disposal) of the PCB Ar-
cessible locations inside equipment ticle, PCB Equipment, or PCB Con-
need not be marked individually, pro- tainer. The mark shall be a rectangle
vided the owner or operator marks the 2.5 by 5 cm (1 inch by 2 inches). If the
equipment in accordance with para- PCB Article or PCB Equipment is too
graph (k)(2) of this section, and marks small to accommodate this size, the
the individual capacitors at the time of mark may be reduced in size propor-
removal from use in accordance with tionately down to a minimum of 1 by 2
paragraph (a) of this section. cm (.4 by .8 inches).
(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 con-
centration of ≥ 500 ppm must be marked
individually with the ML mark as de-
scribed in § 761.45(a).
(2) Locations of voltage regulators
which contain 1.36 kilograms (3 lbs.) or
more of dielectric fluid with a PCB
concentration of ≥ 500 ppm shall be
marked as follows: The vault door, ma-
chinery room door, fence, hallway, or
means of access, other than grates or
743
§ 761.50 40 CFR Ch. I (7–1–10 Edition)
section 307(b) or 402 of the Clean Water

Act.
(4) Spills and other uncontrolled dis-
charges of PCBs at concentrations of
≥50 ppm constitute the disposal of
PCBs.
(5) Any person land disposing of non-
liquid PCBs may avoid otherwise-appli-
cable sampling requirements by pre-
suming 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 deter-
mining 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 in-
tact and non-leaking PCB Article must
dispose of it in accordance with
§ 761.60(b), or decontaminate it in ac-
cordance with § 761.79. PCB Items where
the PCB Articles are no longer intact
[44 FR 31542, May 31, 1979. Redesignated at 47 and non-leaking are regulated for dis-
FR 19527, May 6, 1982] posal as PCB bulk product waste under
§ 761.62(a) or (c).
Subpart D—Storage and Disposal (i) Fluorescent light ballasts con-
taining PCBs only in an intact and
§ 761.50 Applicability. non-leaking PCB Small Capacitor are
(a) General PCB disposal requirements. regulated for disposal under
Any person storing or disposing of PCB § 761.60(b)(2)(ii).
waste must do so in accordance with (ii) Fluorescent light ballasts con-
subpart D of this part. The following taining PCBs in the potting material
prohibitions and conditions apply to all are regulated for disposal as PCB bulk
PCB waste storage and disposal: product waste under § 761.62.
(1) No person may open burn PCBs. (3) PCB remediation waste. PCB reme-
Combustion of PCBs approved under diation waste, including PCB sewage
§ 761.60 (a) or (e), or otherwise allowed sludge, is regulated for cleanup and dis-
under part 761, is not open burning. posal in accordance with § 761.61.
(2) No person may process liquid (i) Any person responsible for PCB
PCBs into non-liquid forms to cir- waste at as-found concentrations ≥ 50
cumvent the high temperature inciner- ppm that was either placed in a land
ation requirements of § 761.60(a). disposal facility, spilled, or otherwise
(3) No person may discharge water released into the environment prior to
containing PCBs to a treatment works April 18, 1978, regardless of the con-
(as defined § 503.9(aa) of this chapter) or centration of the spill or release; or
to navigable waters unless the PCB placed in a land disposal facility,
concentration is <3 μg/L (approxi- spilled, or otherwise released into the
mately 3 ppb), or unless the discharge environment on or after April 18, 1978,
is in accordance with a PCB discharge but prior to July 2, 1979, where the con-
limit included in a permit issued under centration of the spill or release was
744
EC01AP92.000</GPH>
≥ 50 ppm but < 500 ppm, must dispose of after April 18, 1978, but prior to July 2,
the waste as follows: 1979, where the concentration of the
(A) Sites containing these wastes are spill or release was ≥ 500 ppm; or placed
presumed not to present an unreason- in a land disposal facility, spilled, or
able risk of injury to health or the en- otherwise released into the environ-
vironment from exposure to PCBs at ment on or after July 2, 1979, where the
the site. However, the EPA Regional concentration of the spill or release
Administrator may inform the owner was ≥ 50 ppm, must dispose of it in ac-
or operator of the site that there is cordance with either of the following:
reason to believe that spills, leaks, or (A) In accordance with the PCB Spill
other uncontrolled releases or dis- Cleanup Policy (Policy) at subpart G of
charges, such as leaching, from the site this part, for those PCB remediation
constitute ongoing disposal that may wastes that meet the criteria of the
present an unreasonable risk of injury Policy. Consult the Policy for a de-
to health or the environment from ex- scription of the spills it covers and its
posure to PCBs at the site, and may re- notification and timing requirements.
quire the owner or operator to generate (B) In accordance with § 761.61. Com-
data necessary to characterize the risk. plete compliance with § 761.61 does not
If after reviewing any such data, the create a presumption against enforce-
EPA Regional Administrator makes a ment action for penalties for any unau-
finding, that an unreasonable risk ex- thorized PCB disposal.
ists, then he or she may direct the (iii) The owner or operator of a site
owner or operator of the site to dispose containing PCB remediation waste has
of the PCB remediation waste in ac- the burden of proving the date that the
cordance with § 761.61 such that an un- waste was placed in a land disposal fa-
reasonable risk of injury no longer ex- cility, spilled, or otherwise released
ists. into the environment, and the con-
(B) Unless directed by the EPA Re- centration of the original spill.
gional Administrator to dispose of PCB (4) PCB bulk product waste—(i) Gen-
waste in accordance with paragraph eral. Any person disposing of PCB bulk
(b)(3)(i)(A) of this section, any person product waste must do so in accord-
responsible for PCB waste at as-found ance with § 761.62. PCB bulk product
concentrations ≥ 50 ppm that was either waste, as that term is defined in § 761.3,
placed in a land disposal facility, is waste that was ≥50 ppm when origi-
spilled, or otherwise released into the nally removed from service, even if its
environment prior to April 18, 1978, re- current PCB concentration is <50 ppm.
gardless of the concentration of the PCB bulk product waste is regulated
spill or release; or placed in a land dis- for disposal based on the risk from the
posal facility, spilled, or otherwise re- waste once disposed of. For waste
leased into the environment on or after which is land disposed, the waste is
April 18, 1978, but prior to July 2, 1979, regulated based on how readily the
where the concentration of the spill or waste is released from disposal to the
release was ≥ 50 ppm but < 500 ppm, who environment, in particular by leaching
unilaterally decides to dispose of that out from the land disposal unit.
waste (for example, to obtain insurance (ii) Metal surfaces in contact with
or to sell the property), is not required PCBs. Any person disposing of metal
to clean up in accordance with § 761.61. surfaces in contact with PCBs (e.g.,
Disposal of the PCB remediation waste painted metal) may use thermal decon-
must comply with § 761.61. However, tamination procedures in accordance
cleanup of those wastes that is not in with § 761.79(c)(6) (see § 761.62(a)(6)).
complete compliance with § 761.61 will (5) PCB household waste. Any person
not afford the responsible party with storing or disposing of PCB household
relief from the applicable PCB regula- waste, as that term is defined in § 761.3,
tions for that waste. must do so in accordance with § 761.63.
(ii) Any person responsible for PCB (6) PCB research and development
waste at as-found concentrations ≥ 50 waste. Any person disposing of PCB
ppm that was either placed in a land wastes generated during and as a result
disposal facility, spilled, or otherwise of research and development for use
released into the environment on or under § 761.30(j), or for disposal under
745
§ 761.60 40 CFR Ch. I (7–1–10 Edition)
§ 761.60(j), must do so in accordance (c) Storage for disposal. Any person

with § 761.64. who holds PCB waste must store it in
(7) PCB/Radioactive waste. (i) Any per- accordance with § 761.65.
son storing PCB/radioactive waste ≥50 (d) Performance specifications for dis-
ppm PCBs must do so taking into ac- posal technologies—(1) Incinerators. Any
count both its PCB concentration and person using an incinerator to dispose
its radioactive properties, except as of PCBs must use an incinerator that
provided in § 761.65(a)(1), (b)(1)(ii), and meets the criteria set forth in § 761.70.
(c)(6)(i). (2) High efficiency boilers. Any person
(ii) Any person disposing of PCB/ra- using a high efficiency boiler to dispose
dioactive waste must do so taking into
of PCBs must use a boiler that meets
account both its PCB concentration
the criteria set forth in § 761.71.
and its radioactive properties. If, tak-
ing into account only the properties of (3) Scrap metal recovery ovens and
the PCBs in the waste (and not the ra- smelters. Any person using scrap metal
dioactive properties of the waste), the recovery ovens and smelters to dispose
waste meets the requirements for dis- of PCBs must use a device that meets
posal in a facility permitted, licensed, the criteria set forth in § 761.72.
or registered by a State as a municipal (4) Chemical waste landfills. Any per-
or non-municipal non-hazardous waste son using a chemical waste landfill to
landfill (e.g., PCB bulk product waste dispose of PCBs must use a chemical
under § 761.62(b)(1)), then the person waste landfill that meets the criteria
may dispose of the PCB/radioactive set forth in § 761.75.
waste, without regard to the PCB com- (e) TSCA PCB Coordinated Approval.
ponent of the waste, on the basis of its Any person seeking a TSCA PCB Co-
radioactive properties in accordance ordinated Approval must follow the
with all applicable requirements for procedures set forth in § 761.77.
the radioactive component of the
waste. [63 FR 35444, June 29, 1998, as amended at 64
FR 33760, June 24, 1999]
(8) Porous surfaces. In most cases a
person must dispose of porous surfaces
§ 761.60 Disposal requirements.
as materials where PCBs have pene-
trated far beneath the surface, rather (a) PCB liquids. PCB liquids at con-
than a simple surface contamination. centrations ≥50 ppm must be disposed
Any person disposing of porous sur- of in an incinerator which complies
faces on which PCBs have been spilled with § 761.70, except that PCB liquids at
and meeting the definition of PCB re- concentrations ≥50 ppm and <500 ppm
mediation waste at § 761.3 must do so in may be disposed of as follows:
accordance with § 761.61. Any person (1) For mineral oil dielectric fluid, in
disposing of porous surfaces which are a high efficiency boiler according to
part of manufactured non-liquid prod- § 761.71(a).
ucts containing PCBs and meeting the (2) For liquids other than mineral oil
definition of PCB bulk product waste dielectric fluid, in a high efficiency
at § 761.3 must do so in accordance with boiler according to § 761.71(b).
§ 761.62. Any person may decontaminate
(3) For liquids from incidental
concrete surfaces upon which PCBs
sources, such as precipitation, con-
have been spilled in accordance with
densation, leachate or load separation
§ 761.79(b)(4), if the decontamination
and are associated with PCB Articles
procedure is commenced within 72
hours of the initial spill of PCBs to the or non-liquid PCB wastes, in a chem-
concrete or portion thereof being de- ical waste landfill which complies with
contaminated. Any person may decon- § 761.75 if:
taminate porous non-liquid PCBs in (i) [Reserved]
contact with non-porous surfaces, such (ii) Information is provided to or ob-
as underground metal fuel tanks coat- tained by the owner or operator of the
ed with fire retardant resin or pitch, chemical waste landfill that shows that
for purposes of unrestricted use or dis- the liquids do not exceed 500 ppm PCB
posal in a smelter in accordance with and are not an ignitable waste as de-
§ 761.79(b)(3). scribed in § 761.75(b)(8)(iii).
746
(b) PCB Articles. This paragraph does tors or PCB Equipment, and acquired
not authorize disposal that is other- the PCB Capacitor in the course of
wise prohibited in § 761.20 or elsewhere such manufacturing, shall place the
in this part. PCB Small Capacitors in a container
(1) Transformers. (i) PCB Trans- meeting the DOT packaging require-
formers shall be disposed of in accord- ments at 49 CFR parts 171 through 180
ance with either of the following: and dispose of them in accordance with
(A) In an incinerator that complies either of the following:
with § 761.70; or (A) Disposal in an incinerator which
(B) In a chemical waste landfill ap- complies with § 761.70; or
proved under § 761.75; provided that all (B) Until March 1, 1981, disposal in a
free-flowing liquid is removed from the chemical waste landfill which complies
transformer, the transformer is filled with § 761.75.
with a solvent, the transformer is al- (v) Notwithstanding the restrictions
lowed to stand for at least 18 contin- imposed by paragraph (b)(2)(iii)(B) or
uous hours, and then the solvent is (b)(2)(iv)(B) of this section, PCB capaci-
thoroughly removed. Any person dis- tors may be disposed of in PCB chem-
posing of PCB liquids that are removed ical waste landfills that comply with
from the transformer (including the di- § 761.75 subsequent to March 1, 1981, if
electric fluid and all solvents used as a EPA publishes a notice in the FEDERAL
flush), shall do so in an incinerator REGISTER declaring that those landfills
that complies with § 761.70 of this part, are available for such disposal and ex-
or shall decontaminate them in accord- plaining the reasons for the extension
ance with § 761.79. Solvents may include or reopening. An extension or reopen-
kerosene, xylene, toluene, and other ing for disposal of PCB capacitors that
solvents in which PCBs are readily is granted under this subsection shall
soluble. Any person disposing of these be subject to such terms and conditions
PCB liquids must ensure that the sol- as the Assistant Administrator may
vent flushing procedure is conducted in prescribe and shall be in effect for such
accordance with applicable safety and period as the Assistant Administrator
health standards as required by Fed- may prescribe. EPA may permit dis-
eral or State regulations. posal of PCB capacitors in EPA-ap-
(ii) [Reserved] proved chemical waste landfills after
(2) PCB Capacitors. (i) The disposal of March 1, 1981, if in its opinion,
any capacitor shall comply with all re- (A) Adequate incineration capability
quirements of this subpart unless it is for PCB capacitors is not available, or
known from label or nameplate infor-
(B) The incineration of PCB capaci-
mation, manufacturer’s literature (in-
tors will significantly interfere with
cluding documented communications
the incineration of liquid PCBs, or
with the manufacturer), or chemical
analysis that the capacitor does not (C) There is other good cause shown.
contain PCBs. As part of this evaluation, the Assist-
(ii) Any person may dispose of PCB ant Administrator will consider the
Small Capacitors as municipal solid impact of his action on the incentives
waste, unless that person is subject to to construct or expand PCB inciner-
the requirements of paragraph (b)(2)(iv) ators.
of this section. (vi) Any person disposing of large
(iii) Any PCB Large High or Low PCB capacitors or small PCB capaci-
Voltage Capacitor which contains 500 tors described in paragraph (b)(2)(iv) of
ppm or greater PCBs, owned by any this section in a chemical waste land-
person, shall be disposed of in accord- fill approved under § 761.75, shall first
ance with either of the following: place them in a container meeting the
(A) Disposal in an incinerator that DOT packaging requirements at 49 CFR
complies with § 761.70; or parts 171 through 180. In all cases, the
(B) Until March 1, 1981, disposal in a person must fill the interstitial space
chemical waste landfill that complies in the container with sufficient absorb-
with § 761.75. ent material (such as soil) to absorb
(iv) Any person who manufactures or any liquid PCBs remaining in the ca-
at any time manufactured PCB Capaci- pacitors.
747
§ 761.60 40 CFR Ch. I (7–1–10 Edition)
(3) PCB hydraulic machines. (i) Any doned in place under one or more of the
person disposing of PCB hydraulic ma- following provisions:
chines containing PCBs at concentra- (A) Natural gas pipe having a nomi-
tions of ≥50 ppm, such as die casting nal inside diameter of ≤4 inches, and
machines, shall do so by one of the fol- containing PCBs at any concentration
lowing methods: but no free-flowing liquids, may be
(A) In accordance with § 761.79. abandoned in the place it was used to
(B) In a facility which is permitted, transport natural gas if each end is
licensed, or registered by a State to sealed closed and the pipe is either:
manage municipal solid waste subject (1) Included in a public service notifi-
to part 258 of this chapter or non-mu- cation program, such as a ‘‘one-call’’
nicipal non-hazardous waste subject to system under 49 CFR 192.614(a) and (b).
§§ 257.5 through 257.30 of this chapter, as (2) Filled to 50 percent or more of the
applicable (excluding thermal treat- volume of the pipe with grout (such as
ment units). a hardening slurry consisting of ce-
(C) In a scrap metal recovery oven or ment, bentonite, or clay) or high den-
smelter operating in compliance with sity polyurethane foam.
§ 761.72. (B) PCB-Contaminated natural gas
(D) In a disposal facility approved pipe of any diameter, where the PCB
under this part. concentration was determined after the
(ii) All free-flowing liquid must be re- last transmission of gas through the
moved from each machine and the liq- pipe or at the time of abandonment,
uid must be disposed of in accordance that contains no free-flowing liquids
with the provisions of paragraph (a) of may be abandoned in the place it was
this section. If the PCB liquid contains used to transport natural gas if each
≥1,000 ppm PCB, then the hydraulic ma- end is sealed closed.
chine must be decontaminated in ac- (C) Natural gas pipe of any diameter
cordance with § 761.79 or flushed prior which contains PCBs at any concentra-
to disposal with a solvent listed at tion but no free-flowing liquids, may be
paragraph (b)(1)(i)(B) of this section abandoned in the place it was used to
which contains <50 ppm PCB. The sol- transport natural gas, if each end is
vent must be disposed of in accordance sealed closed, and either:
with paragraph (a) of this section or (1) The interior surface is decontami-
§ 761.79. nated with one or more washes of a sol-
(4) PCB-Contaminated Electrical Equip- vent in accordance with the use and
ment. Any person disposing of PCB- disposal requirements of § 761.79(d).
Contaminated Electrical Equipment, This decontamination process must re-
except capacitors, shall do so in ac- sult in a recovery of 95 percent of the
cordance with paragraph (b)(6)(ii)(A) of solvent volume introduced into the
this section. Any person disposing of system, and the PCB concentration of
Large Capacitors that contain ≥ 50 ppm the recovered wash must be <50 ppm
but < 500 ppm PCBs shall do so in a dis- (see § 761.79(a)(1) for requirements on
posal facility approved under this part. use and disposal of decontaminating
(5) Natural gas pipeline systems con- fluids).
taining PCBs. The owner or operator of (2) The pipe is filled to 50 percent or
natural gas pipeline systems con- more of the volume of the pipe with
taining ≥50 ppm PCBs, when no longer grout (such as a hardening slurry-like
in use, shall dispose of the system ei- cement, bentonite, or clay) or high
ther by abandonment in place of the density polyurethane foam (except that
pipe under paragraph (b)(5)(i) of this only cement shall be used as grout
section or removal with subsequent ac- under rivers or streams) and each end
tion under paragraph (b)(5)(ii) of this is sealed closed.
section. Any person determining the (D) Natural gas pipe of any diameter
PCB concentrations in natural gas which contains PCBs at any concentra-
pipeline systems shall do so in accord- tion may be abandoned in place after
ance with paragraph (b)(5)(iii) of this decontamination in accordance with
section. § 761.79(c)(3), (c)(4) or (h) or a PCB dis-
(i) Abandonment. Natural gas pipe posal approval issued under § 761.60(e)
containing ≥50 ppm PCBs may be aban- or § 761.61(c).
748
(ii) Removal with subsequent action. to be abandoned or removed. Collect

Natural gas pipeline systems may be wipe samples after the last trans-
disposed of under one of the following mission of gas through the pipe or dur-
provisions: ing removal from the location it was
(A) The following classifications of used to transport natural gas.
natural gas pipe containing no free- (B) PCB concentration of the organic
flowing liquids may be disposed of in a phase of multi-phasic liquids shall be
facility permitted, licensed, or reg- determined in accordance with
istered by a State to manage municipal § 761.1(b)(4).
solid waste subject to part 258 of this (iv) Disposal of pipeline liquids. (A)
chapter or non-municipal non-haz- Any person disposing of liquids con-
ardous waste subject to §§ 257.5 through taining PCBs ≥50 ppm removed, spilled,
257.30 of this chapter, as applicable (ex- or otherwise released from a natural
cluding thermal treatment units); a gas pipeline system must do so in ac-
scrap metal recovery oven or smelter cordance with § 761.61(a)(5)(iv) based on
operating in compliance with the re- the PCB concentration at the time of
quirements of § 761.72; or a disposal fa- removal from the system. Any person
cility approved under this part: disposing of material contaminated by
(1) PCB-Contaminated natural gas spills or other releases of PCBs ≥50 ppm
pipe of any diameter where the PCB from a natural gas pipeline system,
concentration was determined after the must do so in accordance with § 761.61
last transmission of gas through the or § 761.79, as applicable.
pipe or during removal from the loca- (B) Any person who markets or burns
tion it was used to transport natural for energy recovery liquid containing
gas. PCBs at concentrations <50 ppm PCBs
(2) Natural gas pipe containing PCBs at the time of removal from a natural
at any concentration and having a gas pipeline system must do so in ac-
nominal inside diameter ≤4 inches. cordance with the provisions per-
(B) Any component of a natural gas taining to used oil at § 761.20(e). No
pipeline system may be disposed of other use of liquid containing PCBs at
under one of the following provisions: concentrations above the quantifiable
(1) In an incinerator operating in level/level of detection removed from a
compliance with § 761.70. natural gas pipeline system is author-
(2) In a chemical waste landfill oper- ized.
ating in compliance with § 761.75, pro- (6) Other PCB Articles. (i) PCB articles
vided that all free-flowing liquid PCBs with concentrations at 500 ppm or
have been thoroughly drained. greater must be disposed of:
(3) As a PCB remediation waste in (A) In an incinerator that complies
compliance with § 761.61. with § 761.70; or
(4) In accordance with § 761.79. (B) In a chemical waste landfill that
(iii) Characterization of natural gas complies with § 761.75, provided that all
pipeline systems by PCB concentration in free-flowing liquid PCBs have been
condensate. (A) Any person disposing of thoroughly drained from any articles
a natural gas pipeline system under before the articles are placed in the
paragraphs (b)(5)(i)(B) or (b)(5)(ii)(A)(1) chemical waste landfill and that the
of this section must characterize it for drained liquids are disposed of in an in-
PCB contamination by analyzing or- cinerator that complies with § 761.70.
ganic liquids collected at existing con- (ii)(A) Except as specifically provided
densate collection points in the natural in paragraphs (b)(1) through (b)(5) of
gas pipeline system. The level of PCB this section, any person disposing of a
contamination found at a collection PCB-Contaminated Article must do so
point is assumed to extend to the next by removing all free-flowing liquid
collection point downstream. If no or- from the article, disposing of the liquid
ganic liquids are present, drain free- in accordance with paragraph (a) of
flowing liquids and collect standard this section, and disposing of the PCB-
wipe samples according to subpart M of Contaminated Article with no free-
this part. Collect condensate within 72 flowing liquid by one of the following
hours of the final transmission of nat- methods:
ural gas through the part of the system (1) In accordance with § 761.79.
749
§ 761.60 40 CFR Ch. I (7–1–10 Edition)
(2) In a facility permitted, licensed, cordance with paragraph (a) of this sec-
or registered by a State to manage mu- tion.
nicipal solid waste subject to part 258 (2) Any PCB Container used to con-
of this chapter or non-municipal non- tain only PCBs at a concentration less
hazardous waste subject to §§ 257.5 than 500 ppm shall be disposed of as
through 257.30 of this chapter, as appli- municipal solid wastes; provided that if
cable (excluding thermal treatment the PCBs are in a liquid state, the PCB
units). Container shall first be drained and the
(3) In a scrap metal recovery oven or PCB liquid shall be disposed of in ac-
smelter operating in compliance with cordance with paragraph (a) of this sec-
§ 761.72. tion.
(4) In a disposal facility approved (3) Prior to disposal, a PCB container
under this part. with PCB concentrations at 50 ppm or
(B) Storage for disposal of PCB-Con- greater shall be stored in a unit which
taminated Articles from which all free- complies with § 761.65.
flowing liquids have been removed is (d) [Reserved]
not regulated under subpart D of this (e) Any person who is required to in-
part. cinerate any PCBs and PCB items
under this subpart and who can dem-
(C) Requirements in subparts J and K
onstrate that an alternative method of
of this part do not apply to PCB-Con-
destroying PCBs and PCB items exists
taminated Articles from which all free-
and that this alternative method can
flowing liquids have been removed.
achieve a level of performance equiva-
(iii) Fluorescent light ballasts con- lent to an incinerator approved under
taining PCBs in their potting material § 761.70 or a high efficiency boiler oper-
must be disposed of in a TSCA-ap- ating in compliance with § 761.71, must
proved disposal facility, as bulk prod- submit a written request to the Re-
uct waste under § 761.62, as household gional Administrator or the Director,
waste under § 761.63 (where applicable), Office of Resource Conservation and
or in accordance with the decon- Recovery, for a waiver from the incin-
tamination provisions of § 761.79. eration requirements of § 761.70 or
(7) Storage of PCB Articles. Except for § 761.71. Requests for approval of alter-
a PCB Article described in paragraph nate methods that will be operated in
(b)(2)(ii) of this section and hydraulic more than one Region must be sub-
machines that comply with the munic- mitted to the Director, Office of Re-
ipal solid waste disposal provisions de- source Conservation and Recovery, ex-
scribed in paragraph (b)(3) of this sec- cept for research and development ac-
tion, any PCB Article, with PCB con- tivities involving less than 500 pounds
centrations at 50 ppm or greater, shall of PCB material (see paragraph (i)(2) of
be stored in accordance with § 761.65 this section). Requests for approval of
prior to disposal. alternate methods that will be oper-
(8) Persons disposing of PCB Articles ated in only one Region must be sub-
must wear or use protective clothing or mitted to the appropriate EPA Re-
equipment to protect against dermal gional Administrator. The applicant
contact with or inhalation of PCBs or must show that his or her method of
materials containing PCBs. destroying PCBs will not present an
(c) PCB Containers. (1) Unless decon- unreasonable risk of injury to health
taminated in compliance with § 761.79 or the environment. On the basis of
or as provided in paragraph (c)(2) of such information and any available in-
this section, a PCB container with PCB formation, EPA may, in its discretion,
concentrations at 500 ppm or greater approve the use of the alternate meth-
shall be disposed of: od if it finds that the alternate disposal
(i) In an incinerator which complies method provides PCB destruction
with § 761.70, or equivalent to disposal in a § 761.60 in-
(ii) In a chemical waste landfill that cinerator or a § 761.61 high efficiency
complies with § 761.75; provided that if boiler and will not present an unrea-
there are PCBs in a liquid state, the sonable risk of injury to health or the
PCB Container shall first be drained environment. Any approval must be
and the PCB liquid disposed of in ac- stated in writing and may include such
750
conditions and provisions as EPA dielectric fluid from other oil-filled

deems appropriate. The person to electrical equipment, the entire con-
whom such waiver is issued must com- tents of the container must be treated
ply with all limitations contained in as PCBs at a concentration of at least
such determination. No person may use 50 ppm, unless all of the fluid from the
the alternate method of destroying other oil-filled electrical equipment
PCBs or PCB items prior to obtaining has been tested and shown to contain
permission from the appropriate EPA less than 50 ppm PCBs.
official. (ii) For purposes of complying with
(f)(1) Each operator of a chemical the marking and disposal require-
waste landfill, incinerator, or alter- ments, representative samples may be
native to incineration approved under taken from either the common con-
paragraph (e) of this section shall give tainers or the individual electrical
the following written notices to the equipment to determine the PCB con-
state and local governments within centration, except that if any PCBs at
whose jurisdiction the disposal facility a concentration of 500 ppm or greater
is located: have been added to the container or
(i) Notice at least thirty (30) days be- equipment then the total container
fore a facility is first used for disposal contents must be considered as having
of PCBs required by these regulations; a PCB concentration of 500 ppm or
and greater for purposes of complying with
(ii) At the request of any state or the disposal requirements of this sub-
local government, annual notice of the part. For purposes of this subpara-
quantities and general description of graph, representative samples of min-
PCBs disposed of during the year. This eral oil dielectric fluid are either sam-
annual notice shall be given no more ples taken in accordance with ASTM D
than thirty (30) days after the end of 923–86 or ASTM D 923–89 or samples
the year covered. taken from a container that has been
(iii) The Regional Administrator may thoroughly mixed in a manner such
reduce the notice period required by that any PCBs in the container are
paragraph (f)(1)(i) of this section from uniformly distributed throughout the
thirty days to a period of no less than liquid in the container.
five days in order to expedite interim (iii) Unless otherwise specified in this
approval of the chemical waste landfill part, any person conducting the chem-
located in Sedgwick County, Kansas. ical analysis of PCBs shall do so using
(2) [Reserved] gas chromatography. Any gas
(g) Testing procedures. (1) Owners or chromatographic method that is appro-
users of mineral oil dielectric fluid priate for the material being analyzed
electrical equipment may use the fol- may be used, including EPA Method
lowing procedures to determine the 608, ‘‘Organochlorine Pesticides and
concentration of PCBs in the dielectric PCBs’’ at 40 CFR part 136, Appendix
fluid: A;’’ EPA Method 8082, ‘‘Poly-
(i) Dielectric fluid removed from chlorinated Biphenyls (PCBs) by Cap-
mineral oil dielectric fluid electrical illary Column Gas Chromatography’’ of
equipment may be collected in a com- SW-846, ‘‘OSW Test Methods for Evalu-
mon container, provided that no other ating Solid Waste,’’ which is available
chemical substances or mixtures are from NTIS; and ASTM Standard D-4059,
added to the container. This common ‘‘Standard Test Method for Analysis of
container option does not permit dilu- Polychlorinated Biphenyls in Insu-
tion of the collected oil. Mineral oil lating Liquids by Gas Chroma-
that is assumed or known to contain at tography,’’ which is available from
least 50 ppm PCBs must not be mixed ASTM.
with mineral oil that is known or as- (2) Owners or users of waste oil may
sumed to contain less than 50 ppm use the following procedures to deter-
PCBs to reduce the concentration of mine the PCB concentration of waste
PCBs in the common container. If di- oil:
electric fluid from untested, oil-filled (i) Waste oil from more than one
circuit breakers, reclosers, or cable is source may be collected in a common
collected in a common container with container, provided that no other
751
§ 761.60 40 CFR Ch. I (7–1–10 Edition)
chemical substances or mixtures, such will be conducted, and R&D for PCB
as non-waste oils, are added to the con- disposal using 500 pounds or more of
tainer. PCB material (regardless of PCB con-
(ii) For purposes of complying with centration) will be reviewed and ap-
the marking and disposal require- proved by the EPA.
ments, representative samples may be (j) Self-implementing requirements for
taken from either the common con- research and development (R&D) for PCB
tainers or the individual electrical disposal. (1) Any person may conduct
equipment to determine the PCB con- R&D for PCB disposal without prior
centration. Except, That if any PCBs at written approval from EPA if they
a concentration of 500 ppm or greater meet the following conditions:
have been added to the container or (i) File a notification and obtain an
equipment then the total container EPA identification number pursuant to
contents must be considered as having subpart K of this part.
a PCB concentration of 500 ppm or (ii) Notify in writing the EPA Re-
greater for purposes of complying with gional Administrator, the State envi-
the disposal requirements of this sub- ronmental protection agency, and local
part. For purposes of this paragraph, environmental protection agency, hav-
representative samples of mineral oil ing jurisdiction where the R&D for
dielectric fluid are either samples PCB disposal activity will occur at
taken in accordance with ASTM D 923– least 30 days prior to the commence-
86 or ASTM D 923–89 or samples taken ment of any R&D for PCB disposal ac-
from a container that has been thor- tivity conducted under this section.
oughly mixed in a manner such that Each written notification shall include
any PCBs in the container are uni- the EPA identification number of the
formly distributed throughout the liq- site where the R&D for PCB disposal
uid in the container. activities will be conducted, the quan-
(iii) Unless otherwise specified in this tity of PCBs to be treated, the type of
part, any person conducting the chem- R&D technology to be used, the general
ical analysis of PCBs shall do so using physical and chemical properties of
gas chromatography. Any gas material being treated, and an esti-
chromatographic method that is appro- mate of the duration of the PCB activ-
priate for the material being analyzed ity. The EPA Regional Administrator,
may be used, including those indicated the State environmental protection
in paragraph (g)(1)(iii) of this section. agency, and the local environmental
(h) Requirements for export and im- protection agency may waive notifica-
port of PCBs and PCB Items for dis- tion in writing prior to commencement
posal are found in Subpart F of this of the research.
part. (iii) The amount of material con-
(i) Approval authority for disposal taining PCBs treated annually by the
methods. (1) The officials designated in facility during R&D for PCB disposal
§§ 761.60(e) and 761.70 (a) and (b) to re- activities does not exceed 500 gallons or
ceive requests for approval of PCB dis- 70 cubic feet of liquid or non-liquid
posal activities are the primary ap- PCBs and does not exceed a maximum
proval authorities for these activities. concentration of 10,000 ppm PCBs.
Notwithstanding, EPA may, at its dis- (iv) No more than 1 kilogram total of
cretion, assign the authority to review pure PCBs per year is disposed of in all
and approve any aspect of a disposal R&D for PCB disposal activities at a
system to the Office of Solid Waste and facility.
Emergency Response or to a Regional (v) Each R&D for PCB disposal activ-
Administrator. ity under this section lasts no more
(2) Except for activity authorized than 1 calendar year.
under paragraph (j) of this section, re- (vi) Store all PCB wastes (treated
search and development (R&D) for PCB and untreated PCB materials, testing
disposal using a total of <500 pounds of samples, spent laboratory samples, re-
PCB material (regardless of PCB con- siduals, untreated samples, contami-
centration) will be reviewed and ap- nated media or instrumentation, cloth-
proved by the EPA Regional Adminis- ing, etc.) in compliance with § 761.65(b)
trator for the Region where the R&D and dispose of them according to the
752
undiluted PCB concentration prior to ble to the R&D for PCB disposal activ-
treatment. However, PCB materials ity.
not treated in the R&D for PCB dis- (3) The EPA Regional Administrator
posal activity may be returned either for the Region in which an R&D for
to the physical location where the sam- PCB disposal activity is conducted may
ples were collected or a location where determine, at any time, that an R&D
other regulated PCBs from the physical PCB disposal approval is required
location where the samples were col- under paragraphs (e) and (i)(2) of this
lected are being stored for disposal. section or § 761.70(d) to ensure that any
(vii) Use manifests pursuant to sub- R&D for PCB disposal activity does not
part K of this part for all R&D PCB present an unreasonable risk of injury
wastes being transported from the R&D to health or the environment.
facility to an approved PCB storage or (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
disposal facility. However, §§ 761.207 2605)
through 761.218 do not apply if the re- [44 FR 31542, May 31, 1979]
siduals or treated samples are returned
EDITORIAL NOTE: For FEDERAL REGISTER ci-
either to the physical location where tations affecting § 761.60, see the List of CFR
the samples were collected or a loca- Sections Affected, which appears in the
tion where other regulated PCBs from Finding Aids section of the printed volume
the physical location where the sam- and on GPO Access.
ples were collected are being stored for
disposal. § 761.61 PCB remediation waste.
(viii) Package and ship all PCB This section provides cleanup and
wastes pursuant to DOT requirements disposal options for PCB remediation
under 49 CFR parts 171 through 180. waste. Any person cleaning up and dis-
(ix) Comply with the recordkeeping posing of PCBs managed under this sec-
requirements of § 761.180. tion shall do so based on the concentra-
(2) Do not exceed material limitation at which the PCBs are found. This
tions set out in paragraphs (j)(1) (iii) section does not prohibit any person
and (iv) of this section and the time from implementing temporary emer-
limitation set out in paragraph (j)(1)(v) gency measures to prevent, treat, or
contain further releases or mitigate
of this section without prior written
migration to the environment of PCBs
approval from EPA. Requests for ap-
or PCB remediation waste.
proval to exceed the material limita-
(a) Self-implementing on-site cleanup
tions for PCBs in R&D for PCB disposal
and disposal of PCB remediation waste.
activities as specified in this section EPA designed the self-implementing
must be submitted in writing to the procedure for a general, moderately-
EPA Regional Administrator for the sized site where there should be low re-
Region in which the facility con- sidual environmental impact from re-
ducting R&D for PCB disposal activi- medial activities. The procedure may
ties is located. Each request shall be less practical for larger or environ-
specify the quantity or concentration mentally diverse sites. For these other
requested or additional time needed for sites, the self-implementing procedure
disposal and include a justification for still applies, but an EPA Regional Ad-
each increase. For extensions to the ministrator may authorize more prac-
duration of the R&D for PCB disposal tical procedures through paragraph (c)
activity, the request shall also include of this section. Any person may con-
a report on the accomplishments and duct self-implementing cleanup and
progress of the previously authorized disposal of PCB remediation waste in
R&D for PCB disposal activity for accordance with the following require-
which the extension is sought. The ments without prior written approval
EPA Regional Administrator may from EPA.
grant a waiver in writing for an in- (1) Applicability. (i) The self-imple-
crease in the volume of PCB material, menting procedures may not be used to
the maximum concentration of PCBs, clean up:
the total amount of pure PCBs, or the (A) Surface or ground waters.
duration of the R&D activity. Approv- (B) Sediments in marine and fresh-
als will state all requirements applica- water ecosystems.
753
§ 761.61 40 CFR Ch. I (7–1–10 Edition)
(C) Sewers or sewage treatment sys- data summary from paragraph

tems. (a)(3)(i)(B) of this section.
(D) Any private or public drinking (D) A cleanup plan for the site, in-
water sources or distribution systems. cluding schedule, disposal technology,
(E) Grazing lands. and approach. This plan should contain
(F) Vegetable gardens. options and contingencies to be used if
(ii) The self-implementing cleanup unanticipated higher concentrations or
provisions shall not be binding upon wider distributions of PCB remediation
cleanups conducted under other au- waste are found or other obstacles
thorities, including but not limited to, force changes in the cleanup approach.
actions conducted under section 104 or (E) A written certification, signed by
section 106 of CERCLA, or section the owner of the property where the
3004(u) and (v) or section 3008(h) of cleanup site is located and the party
RCRA. conducting the cleanup, that all sam-
(2) Site characterization. Any person pling plans, sample collection proce-
conducting self-implementing cleanup dures, sample preparation procedures,
of PCB remediation waste must charac- extraction procedures, and instru-
terize the site adequately to be able to mental/chemical analysis procedures
provide the information required by used to assess or characterize the PCB
paragraph (a)(3) of this section. Sub- contamination at the cleanup site, are
part N of this part provides a method on file at the location designated in the
for collecting new site characterization certificate, and are available for EPA
data or for assessing the sufficiency of inspection. Persons using alternate
existing site characterization data. methods for chemical extraction and
(3) Notification and certification. (i) At chemical analysis for site characteriza-
least 30 days prior to the date that the tion must include in the certificate a
cleanup of a site begins, the person in statement that such a method will be
charge of the cleanup or the owner of used and that a comparison study
the property where the PCB remedi- which meets or exceeds the require-
ation waste is located shall notify, in ments of subpart Q of this part, and for
writing, the EPA Regional Adminis- which records are on file, has been
trator, the Director of the State or completed prior to verification sam-
Tribal environmental protection agen- pling.
cy, and the Director of the county or (ii) Within 30 calendar days of receiv-
local environmental protection agency ing the notification, the EPA Regional
where the cleanup will be conducted. Administrator will respond in writing
The notice shall include: approving of the self-implementing
(A) The nature of the contamination, cleanup, disapproving of the self-imple-
including kinds of materials contami- menting cleanup, or requiring addi-
nated. tional information. If the EPA Re-
(B) A summary of the procedures gional Administrator does not respond
used to sample contaminated and adja- within 30 calendar days of receiving the
cent areas and a table or cleanup site notice, the person submitting the noti-
map showing PCB concentrations fication may assume that it is com-
measured in all pre-cleanup character- plete and acceptable and proceed with
ization samples. The summary must in- the cleanup according to the informa-
clude sample collection and analysis tion the person provided to the EPA
dates. The EPA Regional Adminis- Regional Administrator. Once cleanup
trator may require more detailed infor- is underway, the person conducting the
mation including, but not limited to, cleanup must provide any proposed
additional characterization sampling changes from the notification to the
or all sample identification numbers EPA Regional Administrator in writ-
from all previous characterization ac- ing no less than 14 calendar days prior
tivities at the cleanup site. to the proposed implementation of the
(C) The location and extent of the change. The EPA Regional Adminis-
identified contaminated area, includ- trator will determine in his or her dis-
ing topographic maps with sample col- cretion whether to accept the change,
lection sites cross referenced to the and will respond to the change notifi-
sample identification numbers in the cation verbally within 7 calendar days
754
and in writing within 14 calendar days the site is covered with a cap meeting
of receiving it. If the EPA Regional Ad- the requirements of paragraphs (a)(7)
ministrator does not respond verbally and (a)(8) of this section.
within 7 calendar days and in writing (ii) Non-porous surfaces. In high occu-
within 14 calendar days of receiving the pancy areas, the surface PCB cleanup
change notice, the person who sub- standard is ≤ 10 μg/100 cm2 of surface
mitted it may deem it complete and area. In low occupancy areas, the sur-
acceptable and proceed with the clean- face cleanup standard is <100 μg/100 cm2
up according to the information in the of surface area. Select sampling loca-
change notice provided to the EPA Re- tions in accordance with subpart P of
gional Administrator.
this part or a sampling plan approved
(iii) Any person conducting a cleanup
under paragraph (c) of this section.
activity may obtain a waiver of the 30-
day notification requirement, if they (iii) Porous surfaces. In both high and
receive a separate waiver, in writing, low occupancy areas, any person dis-
from each of the agencies they are re- posing of porous surfaces must do so
quired to notify under this section. The based on the levels in paragraph
person must retain the original written (a)(4)(i) of this section. Porous surfaces
waiver as required in paragraph (a)(9) may be cleaned up for use in accord-
of this section. ance with § 761.79(b)(4) or § 761.30(p).
(4) Cleanup levels. For purposes of (iv) Liquids. In both high and low oc-
cleaning, decontaminating, or remov- cupancy areas, cleanup levels are the
ing PCB remediation waste under this concentrations specified in § 761.79(b)(1)
section, there are four general waste and (b)(2).
categories: bulk PCB remediation (v) Change in the land use for a clean-
waste, non-porous surfaces, porous sur- up site. Where there is an actual or pro-
faces, and liquids. Cleanup levels are posed change in use of an area cleaned
based on the kind of material and the up to the levels of a low occupancy
potential exposure to PCBs left after area, and the exposure of people or ani-
cleanup is completed. mal life in or at that area could reason-
(i) Bulk PCB remediation waste. Bulk
ably be expected to increase, resulting
PCB remediation waste includes, but is
in a change in status from a low occu-
not limited to, the following non-liquid
PCB remediation waste: soil, sedi- pancy area to a high occupancy area,
ments, dredged materials, muds, PCB the owner of the area shall clean up the
sewage sludge, and industrial sludge. area in accordance with the high occu-
(A) High occupancy areas. The cleanup pancy area cleanup levels in para-
level for bulk PCB remediation waste graphs (a)(4)(i) through (a)(4)(iv) of this
in high occupancy areas is ≤1 ppm section.
without further conditions. High occu- (vi) The EPA Regional Adminis-
pancy areas where bulk PCB remedi- trator, as part of his or her response to
ation waste remains at concentrations a notification submitted in accordance
>1 ppm and ≤10 ppm shall be covered with § 761.61(a)(3) of this part, may re-
with a cap meeting the requirements of quire cleanup of the site, or portions of
paragraphs (a)(7) and (a)(8) of this sec- it, to more stringent cleanup levels
tion. than are otherwise required in this sec-
(B) Low occupancy areas. (1) The tion, based on the proximity to areas
cleanup level for bulk PCB remediation such as residential dwellings, hospitals,
waste in low occupancy areas is ≤25 schools, nursing homes, playgrounds,
ppm unless otherwise specified in this parks, day care centers, endangered
paragraph. species habitats, estuaries, wetlands,
(2) Bulk PCB remediation wastes national parks, national wildlife ref-
may remain at a cleanup site at con- uges, commercial fisheries, and sport
centrations >25 ppm and ≤50 ppm if the
fisheries.
site is secured by a fence and marked
with a sign including the ML mark. (5) Site cleanup. In addition to the op-
(3) Bulk PCB remediation wastes tions set out in this paragraph, PCB
may remain at a cleanup site at con- disposal technologies approved under
centrations >25 ppm and ≤100 ppm if §§ 761.60 and 761.70 are acceptable for
755
§ 761.61 40 CFR Ch. I (7–1–10 Edition)
on-site self-implementing PCB remedi- a PCB disposal facility approved under

ation waste disposal within the con- this part.
fines of the operating conditions of the (iv) The generator must provide writ-
respective approvals. ten notice, including the quantity to be
(i) Bulk PCB remediation waste. Any shipped and highest concentration of
person cleaning up bulk PCB remedi- PCBs (using extraction EPA Method
ation waste shall do so to the levels in 3500B/3540C or Method 3500B/3550B fol-
paragraph (a)(4)(i) of this section. lowed by chemical analysis using EPA
(A) Any person cleaning up bulk PCB Method 8082 in SW-846 or methods vali-
remediation waste on-site using a soil dated under subpart Q of this part) at
washing process may do so without least 15 days before the first shipment
EPA approval, subject to all of the fol- of bulk PCB remediation waste from
lowing: each cleanup site by the generator, to
(1) A non-chlorinated solvent is used. each off-site facility where the waste is
(2) The process occurs at ambient destined for an area not subject to a
temperature. TSCA PCB Disposal Approval.
(3) The process is not exothermic. (3) Any person may decontaminate
(4) The process uses no external heat. bulk PCB remediation waste in accord-
(5) The process has secondary con- ance with § 761.79 and return the waste
tainment to prevent any solvent from to the cleanup site for disposal as long
being released to the underlying or sur- as the cleanup standards of paragraph
rounding soils or surface waters. (a)(4) of this section are met.
(6) Solvent disposal, recovery, and/or (ii) Non-porous surfaces. PCB remedi-
reuse is in accordance with relevant ation waste non-porous surfaces shall
provisions of approvals issued accord- be cleaned on-site or off-site for dis-
ing to paragraphs (b)(1) or (c) of this posal on-site, disposal off-site, or use,
section or applicable paragraphs of as follows:
§ 761.79. (A) For on-site disposal, non-porous
(B) Bulk PCB remediation waste may surfaces shall be cleaned on-site or off-
be sent off-site for decontamination or site to the levels in paragraph (a)(4)(ii)
disposal in accordance with this para- of this section using:
graph, provided the waste is either (1) Procedures approved under
dewatered on-site or transported off- § 761.79.
site in containers meeting the require- (2) Technologies approved under
ments of the DOT Hazardous Materials § 761.60(e).
Regulations (HMR) at 49 CFR parts 171 (3) Procedures or technologies ap-
through 180. proved under paragraph (c) of this sec-
(1) Removed water shall be disposed tion.
of according to paragraph (b)(1) of this (B) For off-site disposal, non-porous
section. surfaces:
(2) Any person disposing off-site of (1) Having surface concentrations
dewatered bulk PCB remediation waste <100 μg/100 cm2 shall be disposed of in
shall do so as follows: accordance with paragraph
(i) Unless sampled and analyzed for (a)(5)(i)(B)(2)(ii) of this section. Metal
disposal according to the procedures surfaces may be thermally decontami-
set out in §§ 761.283, 761.286, and 761.292, nated in accordance with
the bulk PCB remediation waste shall § 761.79(c)(6)(i).
be assumed to contain ≥ 50 ppm PCBs. (2) Having surface concentrations
(ii) Bulk PCB remediation wastes ≥100 μg/100 cm2 shall be disposed of in
with a PCB concentration of <50 ppm accordance with paragraph
shall be disposed of in accordance with (a)(5)(i)(B)(2)(iii) of this section. Metal
paragraph (a)(5)(v)(A) of this section. surfaces may be thermally decontami-
(iii) Bulk PCB remediation wastes nated in accordance with
with a PCB concentration ≥50 ppm § 761.79(c)(6)(ii).
shall be disposed of in a hazardous (C) For use, non-porous surfaces shall
waste landfill permitted by EPA under be decontaminated on-site or off-site to
section 3004 of RCRA, or by a State au- the standards specified in § 761.79(b)(3)
thorized under section 3006 of RCRA, or or in accordance with § 761.79(c).
756
(iii) Porous surfaces. Porous surfaces surfaces must do so in accordance with

shall be disposed on-site or off-site as subpart P of this part. Any person col-
bulk PCB remediation waste according lecting and analyzing samples from liq-
to paragraph (a)(5)(i) of this section or uids must do so in accordance with
decontaminated for use according to § 761.269. Any person conducting in-
§ 761.79(b)(4), as applicable. terim sampling during PCB remedi-
(iv) Liquids. Any person disposing of ation waste cleanup to determine when
liquid PCB remediation waste shall ei- to sample to verify that cleanup is
ther: complete, may use PCB field screening
(A) Decontaminate the waste to the tests.
levels specified in § 761.79(b)(1) or (b)(2). (ii) Verification. (A) Where sample
(B) Dispose of the waste in accord- analysis results in a measurement of
ance with paragraph (b) of this section PCBs less than or equal to the levels
or an approval issued under paragraph specified in paragraph (a)(4) of this sec-
(c) of this section. tion, self-implementing cleanup is
(v) Cleanup wastes. Any person gener- complete.
ating the following wastes during and
(B) Where sample analysis results in
from the cleanup of PCB remediation
a measurement of PCBs greater than
waste shall dispose of or reuse them
the levels specified in paragraph (a)(4)
using one of the following methods:
of this section, self-implementing
(A) Non-liquid cleaning materials
cleanup of the sampled PCB remedi-
and personal protective equipment
ation waste is not complete. The owner
waste at any concentration, including
or operator of the site must either dis-
non-porous surfaces and other non-liq-
pose of the sampled PCB remediation
uid materials such as rags, gloves, boo-
waste, or reclean the waste represented
ties, other disposable personal protec-
tive equipment, and similar materials by the sample and reinitiate sampling
resulting from cleanup activities shall and analysis in accordance with para-
be either decontaminated in accord- graph (a)(6)(i) of this section.
ance with § 761.79(b) or (c), or disposed (7) Cap requirements. A cap means,
of in one of the following facilities, when referring to on-site cleanup and
without regard to the requirements of disposal of PCB remediation waste, a
subparts J and K of this part: uniform placement of concrete, as-
(1) A facility permitted, licensed, or phalt, or similar material of minimum
registered by a State to manage munic- thickness spread over the area where
ipal solid waste subject to part 258 of remediation waste was removed or left
this chapter. in place in order to prevent or mini-
(2) A facility permitted, licensed, or mize human exposure, infiltration of
registered by a State to manage non- water, and erosion. Any person design-
municipal non-hazardous waste subject ing and constructing a cap must do so
to §§ 257.5 through 257.30 of this chapter, in accordance with § 264.310(a) of this
as applicable. chapter, and ensure that it complies
(3) A hazardous waste landfill per- with the permeability, sieve, liquid
mitted by EPA under section 3004 of limit, and plasticity index parameters
RCRA, or by a State authorized under in § 761.75(b)(1)(ii) through (b)(1)(v). A
section 3006 of RCRA. cap of compacted soil shall have a min-
(4) A PCB disposal facility approved imum thickness of 25 cm (10 inches). A
under this part. concrete or asphalt cap shall have a
(B) Cleaning solvents, abrasives, and minimum thickness of 15 cm (6 inches).
equipment may be reused after decon- A cap must be of sufficient strength to
tamination in accordance with § 761.79. maintain its effectiveness and integ-
(6) Cleanup verification—(i) Sampling rity during the use of the cap surface
and analysis. Any person collecting and which is exposed to the environment. A
analyzing samples to verify the clean- cap shall not be contaminated at a
up and on-site disposal of bulk PCB re- level ≥1 ppm PCB per AroclorTM (or
mediation wastes and porous surfaces equivalent) or per congener. Repairs
must do so in accordance with subpart shall begin within 72 hours of discovery
O of this part. Any person collecting for any breaches which would impair
and analyzing samples from non-porous the integrity of the cap.
757
§ 761.61 40 CFR Ch. I (7–1–10 Edition)
(8) Deed restrictions for caps, fences (i) Dispose of it in a high tempera-
and low occupancy areas. When a clean- ture incinerator approved under
up activity conducted under this sec- § 761.70(b), an alternate disposal method
tion includes the use of a fence or a approved under § 761.60(e), a chemical
cap, the owner of the site must main- waste landfill approved under § 761.75,
tain the fence or cap, in perpetuity. In or in a facility with a coordinated ap-
addition, whenever a cap, or the proce- proval issued under § 761.77.
dures and requirements for a low occu- (ii) Decontaminate it in accordance
pancy area, is used, the owner of the with § 761.79.
site must meet the following condi- (3) Any person may manage or dis-
tions: pose of material containing <50 ppm
(i) Within 60 days of completion of a
PCBs that has been dredged or exca-
cleanup activity under this section, the
vated from waters of the United States:
owner of the property shall:
(A) Record, in accordance with State (i) In accordance with a permit that
law, a notation on the deed to the prop- has been issued under section 404 of the
erty, or on some other instrument Clean Water Act, or the equivalent of
which is normally examined during a such a permit as provided for in regula-
title search, that will in perpetuity no- tions of the U.S. Army Corps of Engi-
tify any potential purchaser of the neers at 33 CFR part 320.
property: (ii) In accordance with a permit
(1) That the land has been used for issued by the U.S. Army Corps of Engi-
PCB remediation waste disposal and is neers under section 103 of the Marine
restricted to use as a low occupancy Protection, Research, and Sanctuaries
area as defined in § 761.3. Act, or the equivalent of such a permit
(2) Of the existence of the fence or as provided for in regulations of the
cap and the requirement to maintain U.S. Army Corps of Engineers at 33
the fence or cap. CFR part 320.
(3) The applicable cleanup levels left (c) Risk-based disposal approval. (1)
at the site, inside the fence, and/or Any person wishing to sample, cleanup,
under the cap. or dispose of PCB remediation waste in
(B) Submit a certification, signed by a manner other than prescribed in
the owner, that he/she has recorded the paragraphs (a) or (b) of this section, or
notation specified in paragraph store PCB remediation waste in a man-
(a)(8)(i)(A) of this section to the EPA ner other than prescribed in § 761.65,
Regional Administrator. must apply in writing to the Regional
(ii) The owner of a site being cleaned
Administrator in the Region where the
up under this section may remove a
sampling, cleanup, disposal, or storage
fence or cap after conducting addi-
site is located, for sampling, cleanup,
tional cleanup activities and achieving
disposal, or storage occurring in a sin-
cleanup levels, specified in paragraph
(a)(4) of this section, which do not re- gle EPA Region; or to the Director, Of-
quire a cap or fence. The owner may re- fice of Resource Conservation and Re-
move the notice on the deed no earlier covery, for sampling, cleanup, disposal,
than 30 days after achieving the clean- or storage occurring in more than one
up levels specified in this section which EPA Region. Each application must in-
do not require a fence or cap. clude information described in the no-
(9) Recordkeeping. For paragraphs tification required by paragraph (a)(3)
(a)(3), (a)(4), and (a)(5) of this section, of this section. EPA may request other
recordkeeping is required in accord- information that it believes necessary
ance with § 761.125(c)(5). to evaluate the application. No person
(b) Performance-based disposal. (1) Any may conduct cleanup activities under
person disposing of liquid PCB remedi- this paragraph prior to obtaining writ-
ation waste shall do so according to ten approval by EPA.
§ 761.60(a) or (e), or decontaminate it in (2) EPA will issue a written decision
accordance with § 761.79. on each application for a risk-based
(2) Any person disposing of non-liquid method for PCB remediation wastes.
PCB remediation waste shall do so by EPA will approve such an application if
one of the following methods: it finds that the method will not pose
758
an unreasonable risk of injury to PCB bulk product waste from the

health or the environment. shredding of automobiles or household
[63 FR 35448, June 29, 1998, as amended at 64
appliances from which PCB small ca-
FR 33761, June 24, 1999; 72 FR 57239, Oct. 9, pacitors have been removed (shredder
2007; 74 FR 30232, June 25, 2009] fluff).
(ii) Other PCB bulk product waste,
§ 761.62 Disposal of PCB bulk product sampled in accordance with the proto-
waste. cols set out in subpart R of this part,
PCB bulk product waste shall be dis- that leaches PCBs at <10 μg/L of water
posed of in accordance with paragraph measured using a procedure used to
(a), (b), or (c) of this section. Under simulate leachate generation.
some of these provisions, it may not be (2) Any person may dispose of PCB
necessary to determine the PCB con- bulk product waste other than those
centration or leaching characteristics materials meeting the conditions of
of the PCB bulk product waste. When it paragraph (b)(1) of this section, (e.g.,
is necessary to analyze the waste to paper or felt gaskets contaminated by
make either of these determinations, liquid PCBs in a facility that is per-
use the applicable procedures in submitted, licensed, or registered by a
part R of this part to sample the waste State to manage municipal solid waste
for analysis, unless EPA approves an- subject to part 258 of this chapter or
other sampling plan under paragraph non-municipal non-hazardous waste
(c) of this section. subject to §§ 257.5 through 257.30 of this
(a) Performance-based disposal. Any chapter, as applicable, if:
person disposing of PCB bulk product (i) The PCB bulk product waste is
waste may do so as follows: segregated from organic liquids dis-
(1) In an incinerator approved under posed of in the landfill unit.
§ 761.70. (ii) Leachate is collected from the
(2) In a chemical waste landfill ap- landfill unit and monitored for PCBs.
proved under § 761.75. (3) Any release of PCBs (including
(3) In a hazardous waste landfill per- but not limited to leachate) from the
mitted by EPA under section 3004 of landfill unit shall be cleaned up in ac-
RCRA, or by a State authorized under cordance with § 761.61.
section 3006 of RCRA. (4)(i) Any person disposing off-site of
(4) Under an alternate disposal ap- PCB bulk product waste regulated
proval under § 761.60(e). under paragraph (b)(1) of this section
(5) In accordance with the decon- at a waste management facility not
tamination provisions of § 761.79. having a commercial PCB storage or
(6) For metal surfaces in contact disposal approval must provide written
with PCBs, in accordance with the notice to the facility a minimum of 15
thermal decontamination provisions of days in advance of the first shipment
§ 761.79(c)(6). from the same disposal waste stream.
(7) In accordance with a TSCA PCB The notice shall state that the PCB
Coordinated Approval issued under bulk product waste may include com-
§ 761.77. ponents containing PCBs at ≥ 50 ppm
(b) Disposal in solid waste landfills. (1) based on analysis of the waste in the
Any person may dispose of the fol- shipment or application of a general
lowing PCB bulk product waste in a fa- knowledge of the waste stream (or
cility permitted, licensed, or registered similar material) which is known to
by a State as a municipal or non-mu- contain PCBs at those levels, and that
nicipal non-hazardous waste landfill: the PCB bulk product waste is known
(i) Plastics (such as plastic insulation or presumed to leach <10 μg/L PCBs.
from wire or cable; radio, television (ii) Any person disposing off-site of
and computer casings; vehicle parts; or PCB bulk product waste regulated
furniture laminates); preformed or under paragraph (b)(2) of this section
molded rubber parts and components; at a waste management facility not
applied dried paints, varnishes, waxes having a commercial PCB storage or
or other similar coatings or sealants; disposal approval must provide written
caulking; Galbestos; non-liquid build- notice to the facility a minimum of 15
ing demolition debris; or non-liquid days in advance of the first shipment
759
§ 761.63 40 CFR Ch. I (7–1–10 Edition)
from the same disposal waste stream that the method will not pose an un-
and with each shipment thereafter. The reasonable risk of injury to health or
notice shall state that the PCB bulk the environment.
product waste may include components (d) Disposal as daily landfill cover or
containing PCBs at ≥50 ppm based on roadbed. Bulk product waste described
analysis of the waste in the shipment in paragraph (b)(1) of this section may
or application of a general knowledge be disposed of:
of the waste stream (or similar mate- (1) As daily landfill cover as long as
rial) which is known to contain PCBs the daily cover remains in the landfill
at those levels, and that the PCB bulk and is not released or dispersed by wind
product waste is known or presumed to or other action; or
leach ≥10 μg/L PCBs. (2) Under asphalt as part of a road
(5) Any person disposing of PCB bulk bed.
product waste must maintain a written
record of all sampling and analysis of [63 FR 35451, June 29, 1998, as amended at 64
FR 33761, June 24, 1999; 72 FR 57239, Oct. 9,
PCBs or notifications made under this
2007; 74 FR 30232, June 25, 2009]
paragraph for 3 years from the date of
the waste’s generation. The records § 761.63 PCB household waste storage
must be made available to EPA upon and disposal.
request.
(6) Requirements in subparts C, J, PCB household waste, as defined at
and K of this part do not apply to § 761.3, managed in a facility permitted,
waste disposed of under paragraph (b) licensed, or registered by a State to
of this section. manage municipal or industrial solid
(c) Risk-based disposal approval. (1) waste, or in a facility with an approval
Any person wishing to sample or dis- to dispose of PCB bulk product waste
pose of PCB bulk product waste in a under § 761.62(c), is not subject to any
manner other than prescribed in para- other requirements of part 761 of this
graphs (a) or (b) of this section, or chapter. PCB household waste stored in
store PCB bulk product waste in a a unit regulated for storage of PCB
manner other than prescribed in waste must not be commingled with
§ 761.65, must apply in writing to the PCB waste.
Regional Administrator in the Region [63 FR 35452, June 29, 1998]
where the sampling, disposal, or stor-
age site is located, for sampling, dis- § 761.64 Disposal of wastes generated
posal, or storage occurring in a single as a result of research and develop-
EPA Region; or to the Director, Office ment activities authorized under
of Resource Conservation and Recov- § 761.30(j) and chemical analysis of
PCBs.
ery, for sampling, disposal, or storage
occurring in more than one EPA Re- This section provides disposal re-
gion. Each application must contain quirements for wastes generated during
information indicating that, based on and as a result of research and develop-
technical, environmental, or waste-spe- ment authorized under § 761.30(j). This
cific characteristics or considerations, section also provides disposal require-
the proposed sampling, disposal, or ments for wastes generated during the
storage methods or locations will not chemical analysis of samples con-
pose an unreasonable risk or injury to taining PCBs under part 761, including
health or the environment. EPA may §§ 761.30, 761.60, 761.61, 761.62, and 761.79.
request other information that it be- For determining the presence of PCBs
lieves necessary to evaluate the appli- in samples, chemical analysis includes:
cation. No person may conduct sam- sample preparation, sample extraction,
pling, disposal, or storage activities extract cleanup, extract concentration,
under this paragraph prior to obtaining addition of PCB standards, and instru-
written approval by EPA. mental analysis.
(2) EPA will issue a written decision (a) Portions of samples of a size des-
on each application for a risk-based ignated in a chemical extraction and
sampling, disposal, or storage method analysis method for PCBs and ex-
for PCB bulk product wastes. EPA will tracted for purposes of determining the
approve such an application if it finds presence of PCBs or concentration of
760
PCBs are unregulated for PCB disposal limit expires and the notice identifies
under this part. the storer, the types, volumes, and lo-
(b) All other wastes generated during cations of the waste and the reasons
these activities are regulated for dis- for failure to meet the initial 1-year
posal based on their concentration at time limit.
the time of disposal as follows: (ii) A written record documenting all
(1) Liquid wastes, including rinse sol- continuing attempts to secure disposal
vents, must be disposed of according to is maintained until the waste is dis-
§ 761.61(a)(5)(iv). posed of.
(2) Non-liquid wastes must be dis- (iii) The written record required by
posed of in the same manner as non-liq- paragraph (a)(2)(ii) of this section is
uid cleaning materials and personal available for inspection or submission
protective equipment waste according if requested by EPA.
to § 761.61(a)(5)(v)(A). (iv) Continuing attempts to secure
[63 FR 35452, June 29, 1998] disposal were initiated within 270 days
after the time the waste was first sub-
§ 761.65 Storage for disposal. ject to the 1-year time limit require-
This section applies to the storage ment, as specified in paragraph (a)(1) of
for disposal of PCBs at concentrations this section. Failure to initiate and
of 50 ppm or greater and PCB Items continue attempts to secure disposal
with PCB concentrations of 50 ppm or throughout the total time the waste is
greater. in storage shall automatically dis-
(a)(1) Storage limitations. Any PCB qualify the notifier from receiving an
waste shall be disposed of as required automatic extension under this sec-
by subpart D of this part within 1-year tion.
from the date it was determined to be (3) Additional extensions. Upon written
PCB waste and the decision was made request, the EPA Regional Adminis-
to dispose of it. This date is the date of trator for the Region in which the
removal from service for disposal and wastes are stored or the appropriate of-
the point at which the 1-year time ficial at EPA Headquarters, may grant
frame for disposal begins. PCB/radio- additional extensions beyond the 1-
active waste removed from service for year extension authorized in paragraph
disposal is exempt from the 1-year time (a)(2) of this section. At the time of the
limit provided that the provisions at request, the requestor must supply spe-
paragraphs (a)(2)(ii) and (a)(2)(iii) of cific justification for the additional ex-
this section are followed and the waste tension and indicate what measures
is managed in accordance with all the requestor is taking to secure dis-
other applicable Federal, State, and posal of the waste or indicate why dis-
local laws and regulations for the man- posal could not be conducted during
agement of radioactive material. the period of the prior extension. The
(2) One-year extension. Any person EPA Regional Administrator or the ap-
storing PCB waste that is subject to propriate official at EPA Headquarters
the 1-year time limit for storage and may require, as a condition to granting
disposal in paragraph (a)(1) of this sec- any extension under this section, spe-
tion may provide written notification cific actions including, but not limited
to the EPA Regional Administrator for to, marking, inspection, recordkeeping,
the Region in which the PCB waste is or financial assurance to ensure that
stored that their continuing attempts the waste does not pose an unreason-
to dispose of or secure disposal for able risk of injury to health or the en-
their waste within the 1-year time vironment.
limit have been unsuccessful. Upon re- (4) Storage at an approved facility. In-
ceipt of the notice by the EPA Re- creased time for storage may be grant-
gional Administrator, the time for dis- ed as a condition of any TSCA PCB
posal is automatically extended for 1 storage or disposal approval, by the
additional year (2 years total) if the EPA Regional Administrator for the
following conditions are met: Region in which the PCBs or PCB
(i) The notification is received by the Items are to be stored or disposed of, or
EPA Regional Administrator at least by the appropriate official at EPA
30 days before the initial 1-year time Headquarters, if EPA determines that
761
§ 761.65 40 CFR Ch. I (7–1–10 Edition)
there is a demonstrated need or jus- (2) No person may store PCBs and
tification for additional time, that the PCB Items designated for disposal in a
owner or operator of the facility is pur- storage unit other than one approved
suing relevant treatment or disposal pursuant to paragraph (d) of this sec-
options, and that no unreasonable risk tion or meeting the design require-
of injury to health or the environment ments of paragraph (b) of this section,
will result from the increased storage unless the unit meets one of the fol-
time. In making this determination, lowing conditions:
EPA will consider such factors as ab- (i) Is permitted by EPA under section
sence of any approved treatment tech- 3004 of RCRA to manage hazardous
nology and insufficient time to com- waste in containers, and spills of PCBs
plete the treatment or destruction are cleaned up in accordance with sub-
process. EPA may require as a condi-
part G of this part.
tion of the approval that the owner or
(ii) Qualifies for interim status under
operator submit periodic progress re-
ports. section 3005 of RCRA to manage haz-
(b) Except as provided in paragraphs ardous waste in containers, meets the
(b)(2), (c)(1), (c)(7), (c)(9), and (c)(10) of requirements for containment at
this section, after July 1, 1978, owners § 264.175 of this chapter, and spills of
or operators of any facilities used for PCBs are cleaned up in accordance
the storage of PCBs and PCB Items with subpart G of this part.
designated for disposal shall comply (iii) Is permitted by a State author-
with the following storage unit re- ized under section 3006 of RCRA to
quirements: manage hazardous waste in containers,
(1) The facilities shall meet the fol- and spills of PCBs are cleaned up in ac-
lowing criteria: cordance with subpart G of this part.
(i) Adequate roof and walls to pre- (iv) Is approved or otherwise regu-
vent rain water from reaching the lated pursuant to a State PCB waste
stored PCBs and PCB Items; management program no less stringent
(ii) An adequate floor that has con- in protection of health or the environ-
tinuous curbing with a minimum 6 inch ment than the applicable TSCA re-
high curb. The floor and curbing must quirements found in this part.
provide a containment volume equal to (v) Is subject to a TSCA Coordinated
at least two times the internal volume Approval, which includes provisions for
of the largest PCB Article or PCB Con- storage of PCBs, issued pursuant to
tainer or 25 percent of the total inter- § 761.77.
nal volume of all PCB Articles or PCB (vi) Has a TSCA PCB waste manage-
Containers stored there, whichever is ment approval, which includes provi-
greater. PCB/radioactive wastes are sions for storage, issued pursuant to
not required to be stored in an area § 761.61(c) or § 761.62(c).
with a minimum 6 inch high curbing.
(c)(1) The following PCB Items may
However, the floor and curbing must
be stored temporarily in an area that
still provide a containment volume
does not comply with the requirements
equal to at least two times the internal
of paragraph (b) of this section for up
volume of the largest PCB Container or
25 percent of the total internal volume to thirty days from the date of their
of all PCB Containers stored there, removal from service, provided that a
whichever is greater. notation is attached to the PCB Item
(iii) No drain valves, floor drains, ex- or a PCB Container (containing the
pansion joints, sewer lines, or other item) indicating the date the item was
openings that would permit liquids to removed from service:
flow from the curbed area; (i) Non-leaking PCB Articles and
(iv) Floors and curbing constructed PCB Equipment;
of Portland cement, concrete, or a con- (ii) Leaking PCB Articles and PCB
tinuous, smooth, non-porous surface as Equipment if the PCB Items are placed
defined at § 761.3, which prevents or in a non-leaking PCB Container that
minimizes penetration of PCBs. contains sufficient sorbent materials
(v) Not located at a site that is below to absorb any liquid PCBs remaining in
the 100-year flood water elevation. the PCB Items;
762
(iii) PCB Containers containing non- spections, maintenance, cleanup and

liquid PCBs such as contaminated soil, disposal must be maintained in accord-
rags, and debris; and ance with § 761.180(a) and (b).
(iv) PCB containers containing liquid (6) Except as provided in paragraphs
PCBs at concentrations of ≥50 ppm, (c)(6)(i) and (c)(6)(ii) of this section,
provided a Spill Prevention, Control any container used for the storage of
and Countermeasure Plan has been pre- liquid or non-liquid PCB waste shall be
pared for the temporary storage area in in accordance with the requirements
accordance with part 112 of this chap- set forth in the DOT Hazardous Mate-
ter and the liquid PCB waste is in rials Regulations (HMR) at 49 CFR
packaging authorized in the DOT Haz- parts 171 through 180. PCB waste not
ardous Materials Regulations at 49 subject to the HMR (i.e., PCB wastes at
CFR parts 171 through 180 or stationary concentrations of <20 ppm or <1 pound
bulk storage tanks (including rolling of PCBs regardless of concentration)
stock such as, but not limited to, tank- must be packaged in accordance with
er trucks, as specified by DOT). Packaging Group III, unless other haz-
(2) Non-leaking and structurally ards associated with the PCB waste
undamaged PCB Large High Voltage cause it to require packaging in ac-
Capacitors and PCB-Contaminated cordance with Packaging Groups I or
Electrical Equipment that have not II. For purposes of describing PCB
been drained of free flowing dielectric waste not subject to DOT’s HMR on a
fluid may be stored on pallets next to manifest, one may use the term ‘‘Non-
a storage facility that meets the re- DOT Regulated PCBs.’’
quirements of paragraph (b) of this sec- (i) Containers other than those meet-
tion. PCB-Contaminated Electrical ing HMR performance standards may
Equipment that has been drained of be used for storage of PCB/radioactive
free flowing dielectric fluid is not sub- waste provided the following require-
ject to the storage provisions of § 761.65. ments are met:
Storage under this subparagraph will (A) Containers used for storage of liq-
be permitted only when the storage fa- uid PCB/radioactive wastes must be
cility has immediately available un- non-leaking.
filled storage space equal to 10 percent (B) Containers used for storage of
of the volume of capacitors and equip- non-liquid PCB/ radioactive wastes
ment stored outside the facility. The must be designed to prevent the build-
capacitors and equipment temporarily up of liquids if such containers are
stored outside the facility shall be stored in an area meeting the contain-
checked for leaks weekly. ment requirements of paragraph
(3) Any storage area subject to the (b)(1)(ii) of this section, as well as all
requirements of paragraph (b) or para- other applicable State or Federal regu-
graph (c)(1) of this section shall be lations or requirements for control of
marked as required in subpart C radioactive materials.
§ 761.40(a)(10). (C) Containers used to store both liq-
(4) No item of movable equipment uid and non-liquid PCB/radioactive
that is used for handling PCBs and PCB wastes must meet all regulations and
Items in the storage units and that requirements pertaining to nuclear
comes in direct contact with PCBs criticality safety. Acceptable container
shall be removed from the storage unit materials currently include poly-
area unless it has been decontaminated ethylene and stainless steel provided
as specified in § 761.79. that the container material is chemi-
(5) All PCB Items in storage shall be cally compatible with the wastes being
checked for leaks at least once every 30 stored. Other containers may be used
days. Any leaking PCB Items and their to store both liquid and non-liquid
contents shall be transferred imme- PCB/radioactive wastes if the users are
diately to properly marked non-leak- able to demonstrate, to the appropriate
ing containers. Any spilled or leaked Regional Administrator and other ap-
materials shall be immediately cleaned propriate regulatory authorities (i.e.,
up and the materials and residues con- Nuclear Regulatory Commission, De-
taining PCBs shall be disposed of in ac- partment of Energy or the Department
cordance with § 761.61. Records of in- of Transportation), that the use of such
763
§ 761.65 40 CFR Ch. I (7–1–10 Edition)
containers is protective of health and located by this date. Storage con-

the environment as well as public tainers provided in paragraph (c)(7) of
health and safety. this section, shall have a record that
(ii) The following DOT specification includes for each batch of PCBs the
containers that conform to the require- quantity of the batch and date the
ments of 49 CFR, chapter I, subchapter batch was added to the container. The
C in effect on September 30, 1991, may record shall also include the date,
be used for storage and transportation quantity, and disposition of any batch
activities that are not subject to DOT of PCBs removed from the container.
regulation, and may be used on a tran- (9) Bulk PCB remediation waste or
sitional basis as permitted at 49 CFR PCB bulk product waste may be stored
171.14. For liquid PCBs: Specification 5 at the clean-up site or site of genera-
container without removable head, tion for 180 days subject to the fol-
Specification 5B container without re- lowing conditions:
movable head, Specification 6D over- (i) The waste is placed in a pile de-
pack with Specification 2S or 2SL poly- signed and operated to control dis-
ethylene containers, or Specification persal of the waste by wind, where nec-
17E container. For non-liquid PCBs: essary, by means other than wetting.
Specification 5 container, Specification (ii) The waste must not generate
5B container, or Specification 17C con- leachate through decomposition or
tainer.
other reactions.
(7) Stationary storage containers for
(iii) The storage site must have:
liquid PCBs can be larger than the con-
tainers specified in paragraph (c)(6) of (A) A liner that is designed, con-
this section provided that: structed, and installed to prevent any
(i) The containers are designed, con- migration of wastes off or through the
structed, and operated in compliance liner into the adjacent subsurface soil,
with Occupational Safety and Health ground water or surface water at any
Standards, 29 CFR 1910.106, Flammable time during the active life (including
and combustible liquids. Before using the closure period) of the storage site.
these containers for storing PCBs, the The liner may be constructed of mate-
design of the containers must be re- rials that may allow waste to migrate
viewed to determine the effect on the into the liner. The liner must be:
structural safety of the containers that (1) Constructed of materials that
will result from placing liquids with have appropriate chemical properties
the specific gravity of PCBs into the and sufficient strength and thickness
containers (see 29 CFR to prevent failure due to pressure gra-
1910.106(b)(1)(i)(f)). dients (including static head and exter-
(ii) The owners or operators of any nal hydrogeologic forces), physical con-
facility using containers described in tact with the waste or leachate to
paragraph (c)(7)(i) of this section, shall which they are exposed, climatic condi-
prepare and implement a Spill Preven- tions, the stress of installation, and
tion Control and Countermeasure the stress of daily operation.
(SPCC) Plan as described in part 112 of (2) Placed upon a foundation or base
this title. In complying with 40 CFR capable of providing support to the
part 112, the owner or operator shall liner and resistance to pressure gra-
read ‘‘oil(s)’’ as ‘‘PCB(s)’’ whenever it dients above and below the liner to pre-
appears. The exemptions for storage vent failure of the liner due to settle-
capacity, 40 CFR 112.1(d)(2), and the ment, compression, or uplift.
amendment of SPCC plans by the Re- (3) Installed to cover all surrounding
gional Administrator, 40 CFR 112.4, earth likely to be in contact with the
shall not apply unless some fraction of waste.
the liquids stored in the container are (B) A cover that meets the require-
oils as defined by section 311 of the ments of paragraph (c)(9)(iii)(A) of this
Clean Water Act. section, is installed to cover all of the
(8) PCB Items shall be dated on the stored waste likely to be contacted
item when they are removed from serv- with precipitation, and is secured so as
ice for disposal. The storage shall be not to be functionally disabled by
managed so that the PCB Items can be winds expected under normal seasonal
764
meteorological conditions at the stor- maximum quantity of PCB waste that

age site. will be handled at any one time at the
(C) A run-on control system designed, facility.
constructed, operated, and maintained (iii) The owner or operator of the
such that: unit has certified compliance with the
(1) It prevents flow onto the stored storage facility standards in para-
waste during peak discharge from at graphs (b) and (c)(7) of this section.
least a 25-year storm. (iv) The owner or operator has devel-
(2) It collects and controls at least oped a written closure plan for the fa-
the water volume resulting from a 24- cility that is deemed acceptable by the
hour, 25-year storm. Collection and Regional Administrator (or the appro-
holding facilities (e.g., tanks or basins)
priate official at EPA Headquarters, if
must be emptied or otherwise managed
the commercial storage area is ancil-
expeditiously after storms to maintain
lary to a disposal facility permitted by
design capacity of the system.
(iv) The provisions of this paragraph an official at EPA Headquarters) under
may be modified under § 761.61(c). the closure plan standards of paragraph
(10) Owners or operators of storage (e) of this section.
facilities shall establish and maintain (v) The owner or operator has in-
records as provided in § 761.180. cluded in the application for final ap-
(d) Approval of commercial storers of proval a demonstration of financial re-
PCB waste. (1) All commercial storers sponsibility for closure that meets the
of PCB waste shall have interim ap- financial responsibility standards of
proval to operate commercial facilities paragraph (g) of this section.
for the storage of PCB waste until Au- (vi) The operation of the storage fa-
gust 2, 1990. Commercial storers of PCB cility will not pose an unreasonable
waste are prohibited from storing any risk of injury to health or the environ-
PCB waste at their facilities after Au- ment.
gust 2, 1990 unless they have submitted (vii) The environmental compliance
by August 2, 1990 a complete applica- history of the applicant, its principals,
tion for a final storage approval under and its key employees may be deemed
paragraph (d)(2) of this section. The pe- to constitute a sufficient basis for de-
riod of interim approval shall continue nial of approval whenever in the judg-
until EPA makes a final decision on ment of the appropriate EPA official
the storage application at which time that history of environmental civil vio-
such interim approval shall terminate. lations or criminal convictions evi-
(2) The Regional Administrator for dences a pattern or practice of non-
the region in which the storage facility compliance that demonstrates the ap-
is located (or the appropriate official
plicant’s unwillingness or inability to
at EPA Headquarters, if the commer-
achieve and maintain compliance with
cial storage area is ancillary to a dis-
the regulations.
posal facility for which an official at
EPA Headquarters has approval au- (3) Applicants for storage approvals
thority)shall grant written, final ap- shall submit a written application that
proval to engage in the commercial includes any relevant information
storage of PCB waste upon a deter- bearing upon the qualifications of the
mination that the criteria in paragraph facility’s principals and key employees
(d)(2)(i) through (d)(2)(vii) of this sec- to engage in the business of commer-
tion have been met by the applicant: cial storage of PCB wastes. This infor-
(i) The applicant, its principals, and mation shall include, but is not limited
its key employees responsible for the to:
establishment or operation of the com- (i) The identification of the owner
mercial storage facility are qualified to and the operator of the facility, includ-
engage in the business of commercial ing all general partners of a partner-
storage of PCB waste. ship, any limited partner of a partner-
(ii) The facility possesses the capac- ship, any stockholder of a corporation
ity to handle the quantity of PCB or any participant in any other type of
waste which the owner or operator of business organization or entity who
the facility has estimated will be the owns or controls, directly or indirectly,
765
§ 761.65 40 CFR Ch. I (7–1–10 Edition)
more than 5 percent of each partner- (4) The written approval issued by
ship, corporation, or other business or- EPA shall include, but not be limited
ganization and all officials of the facil- to, the following:
ity who have direct management re- (i) The determination that the appli-
sponsibility for the facility. cant has satisfied the requirements set
(ii) The identification of the person forth in paragraph (d)(2) of this section,
responsible for the overall operations and a brief statement setting forth the
of the facility (i.e., a plant manager, basis for the determination.
superintendent, or a person of similar (ii) Incorporation of the closure plan
responsibility) and the supervisory em- submitted by the facility owner or op-
ployees who are or will be responsible erator and approved by EPA.
for the operation of the facility. (iii) A condition imposing a max-
(iii) Information concerning the tech- imum PCB storage capacity which the
nical qualifications and experience of facility shall not exceed during its PCB
the persons responsible for the overall waste storage operations. The max-
operation of the facility and the em- imum storage capacity imposed under
ployees responsible for handling PCB this condition shall not be greater than
waste or other wastes. the estimated maximum inventory of
(iv) Information concerning any past PCB waste included in the owner’s or
State or Federal environmental viola- operator’s application for final ap-
tions involving the same business or
proval.
another business with which the prin-
(iv) Such other conditions as deemed
cipals or supervisory employees were
necessary by EPA to ensure that the
affiliated directly that occurred within
5 years preceding the date of submis- operations of the PCB storage facility
sion and which relate directly to viola- will not pose an unreasonable risk of
tions that resulted in either a civil injury to health or the environment.
penalty (irrespective of whether the (5) Storage areas at transfer facilities
matter was disposed of by an adjudica- are exempt from the requirement to
tion or by a without prejudice settle- obtain approval as a commercial storer
ment) or judgment of conviction of PCB waste under this paragraph, un-
whether entered after trial or a plea, less the same PCB waste is stored at
either of guilt or nolo contendere or these facilities for a period of time
civil injunctive relief and involved greater than 10 consecutive days be-
storage, disposal, transport, or other tween destinations.
waste handling activities. (6) Storage areas at RCRA-permitted
(v) A list of all companies currently facilities may be exempt from the sepa-
owned or operated in the past by the rate TSCA storage approval require-
principals or key employees identified ments in this paragraph (d) upon a
in paragraphs (d)(3)(i) and (d)(3)(ii) of showing to the Regional Administra-
this section that are or were directly tor’s satisfaction that the facility’s ex-
or indirectly involved with waste han- isting RCRA closure plan is substan-
dling activities. tially equivalent to this rule’s closure
(vi) The owner’s or operator’s esti- plan standards, and that such facility’s
mate of maximum PCB waste quantity closure cost estimate and financial as-
to be handled at the facility. surance demonstration account for
(vii) A written statement certifying maximum PCB waste inventories, and
compliance with paragraph (b) or (c) of the requirements of paragraph (d)(3)(i)
this section and containing a certifi- through (d)(3)(v) and (d)(3)(vii) of this
cation as defined in § 761.3. section are met. A pay-in period of
(viii) A written closure plan for the longer than 3 years after approval of
facility, as described in paragraph (e) the storage facility pursuant to this
of this section. rule, will be acceptable to EPA if that
(ix) The current closure cost esti- pay-in period has already been estab-
mate for the facility, as described in lished for a valid RCRA facility or pre-
paragraph (f) of this section. viously approved TSCA facility.
(x) A demonstration of financial re- (7) Storage areas ancillary to TSCA-
sponsibility to close the facility, as de- approved disposal facilities may be ex-
scribed in paragraph (g) of this section. empt from a separate facility approval
766
provided all of the following conditions able risk to human health or the envi-
are met: ronment. An acceptable closure plan
(i) The current disposal approval con- must include, at a minimum, all of the
tains an expiration date. following:
(ii) The current disposal approval’s (i) A description of how the PCB stor-
closure and financial responsibility age areas of the facility will be closed
conditions specifically extend to stor- in a manner that eliminates the poten-
age areas ancillary to disposal. tial for post-closure releases of PCBs
(iii) The current disposal approval’s into the environment.
closure and financial responsibility (ii) An identification of the max-
conditions provide for annual adjust- imum extent of storage operations that
ments for inflation, and for modifica- will be open during the active life of
tion when changes in operation would the facility, including an identification
affect closure costs. of the extent of PCB storage operations
(iv) The current disposal approval at the facility relative to other wastes
contains conditions on closure and fi- that will be handled at the facility.
nancial responsibility that are at least (iii) An estimate of the maximum in-
as stringent as those in paragraphs (e) ventory of PCB wastes that could be
and (g) of this section. However, the handled at one time at the facility over
provision for a 3-year closure trust its active life, and a detailed descrip-
pay-in period, as specified in paragraph tion of the methods or arrangements to
(g)(1)(i) of this section, would be be used during closure for removing,
waived in a case in which an approved transporting, storing, or disposing of
TSCA facility or RCRA facility that the facility’s inventory of PCB waste,
covers PCB storage has a longer pay-in including an identification of any off-
period for the trust. site facilities that will be used.
(v) The current disposal approval sat- (iv) A detailed description of the
isfies the requirements of paragraph steps needed to remove or decontami-
(d)(3)(i) through (d)(3)(v) of this sec- nate PCB waste residues and contami-
tion. nated containment system compo-
(8) The approval of any existing nents, equipment, structures, and soils
TSCA-approved disposal facility ancil- during closure in accordance with the
lary to a commercial storage facility levels specified in the PCB Spills
that is deficient in any of the condi- Cleanup Policy in subpart G of this
tions of paragraph (d)(7)(i) through part, including a description of the
(d)(7)(v) of this section shall be called methods for sampling and testing of
in by the Regional Administrator (or surrounding soils, and the criteria for
the appropriated official at EPA Head- determining the extent of removal or
quarters, if approval was granted by an decontamination.
official at EPA Headquarters). The ap- (v) A detailed description of other ac-
proval shall be modified to meet the re- tivities necessary during the closure
quirements of paragraph (d)(7) of this period to ensure that any post-closure
section within 180 days of the effective releases of PCBs will not present un-
date of this final rule, or a separate ap- reasonable risks to human health or
plication for approval of the storage fa- the environment. This includes activi-
cility may be submitted to the Re- ties such as ground-water monitoring,
gional Administrator or the Director, run-on and run-off control, and facility
Office of Resource Conservation and security.
Recovery, in the cases where an official (vi) A schedule for closure of each
at EPA Headquarters issued the ap- area of the facility where PCB waste is
proval. stored or handled, including the total
(e) Closure. (1) A commercial storer of time required to close each area of PCB
PCB waste shall have a written closure waste storage or handling, and the
plan that identifies the steps that the time required for any intervening clo-
owner or operator of the facility shall sure activities.
take to close the PCB waste storage fa- (vii) An estimate of the expected
cility in a manner that eliminates the year of closure of the PCB waste stor-
potential for post-closure releases of age areas, if a trust fund is opted for as
PCBs which may present an unreason- the financial mechanism.
767
§ 761.65 40 CFR Ch. I (7–1–10 Edition)
(2) A written closure plan determined (ii) The date when a commercial stor-
to be acceptable by EPA under this sec- er of PCB waste ‘‘expects to begin clo-
tion shall become a condition of any sure’’ shall be no later than 30 days
approval granted under paragraph (d) after the date on which the storage fa-
of this section. cility received its final quantities of
(3) A separate and new closure plan PCB waste. For good cause shown, EPA
need not be submitted in cases where a may extend the date for commence-
facility is currently covered by a TSCA ment of closure for an additional 30-
approval or a RCRA permit, upon a day period.
showing to the satisfaction of the Re- (iii) Within 90 days after receiving
gional Administrator (or the appro- the final quantity of PCB waste for
priate official at EPA Headquarters, if storage, a commercial storer of PCB
the commercial storage area is ancil- waste shall remove all PCB waste in
lary to a disposal facility for which an storage at the facility from the facility
official at EPA Headquarters has ap- in accordance with the approved clo-
proval authority) that the existing closure plan. For good cause shown, EPA
sure plan is substantially equivalent to may approve a reasonable extension to
closure plans required under para- the period for removal of the PCB
graphs (d) through (g) of this section, waste.
and that the plan adequately accounts (iv) A commercial storer of PCB
for PCB waste inventories. waste shall complete closure activities
(4) The commercial storer of PCB in accordance with the approved clo-
waste shall submit a written request to sure plan and within 180 days after re-
the Regional Administrator (or the Di- ceiving the final quantity of PCB waste
rector, Office of Resource Conservation for storage at the facility. For good
and Recovery, if an official at EPA cause shown, EPA may approve a rea-
Headquarters approved the closure sonable extension to the closure period.
(7) During the closure period, all con-
plan) for a modification to its storage
taminated system component equip-
approval to amend its closure plan,
ment, structures, and soils shall be dis-
whenever:
posed of in accordance with the dis-
(i) Changes in ownership, operating
posal requirements of subpart D of this
plans, or facility design affect the ex-
part, or, if applicable, decontaminated
isting closure plan.
in accordance with the levels specified
(ii) There is a change in the expected in the PCB Spills Cleanup Policy at
date of closure, if applicable. subpart G of this part. When PCB waste
(iii) In conducting closure activities, is removed from the storage facility
unexpected events require a modifica- during closure, the owner or operator
tion of the approved closure plan. becomes a generator of PCB waste sub-
(5) The Regional Administrator or ject to the generator requirements of
the Director, appropriate official at subpart J of this part.
EPA Headquarters, if an official at (8) Within 60 days of completion of
EPA Headquarters approved the clo- closure of each facility for the storage
sure plan, may modify the existing clo- of PCB waste, the commercial storer of
sure plan under the conditions de- PCB waste shall submit to the Re-
scribed in paragraph (e)(4) of this sec- gional Administrator (or the Director,
tion. Office of Resource Conservation and
(6) Commercial storers of PCB waste Recovery, if an official at EPA Head-
shall comply with the following closure quarters approved the closure plan), by
schedule: registered mail, a certification that
(i) The commercial storer shall no- the PCB storage facility has been
tify in writing the Regional Adminis- closed in accordance with the approved
trator or the Director, Office of Re- closure plan. The certification shall be
source Conservation and Recovery, if signed by the owner or operator and by
an official at EPA Headquarters ap- an independent registered professional
proved the closure plan, at least 60 engineer.
days prior to the date on which final (f) Closure cost estimate. (1) A commer-
closure of its PCB storage facility is cial storer of PCB wastes shall have a
expected to begin. detailed estimate, in current dollars, of
768
the cost of closing the facility in ac- Product is included in a monthly publi-
cordance with its approved closure cation titled Economic Indicators, which
plan. The closure cost estimate shall be is available from the Superintendent of
in writing, be certified by the person Documents, Government Printing Of-
preparing it (using the certification de- fice, Washington, DC 20402. The infla-
fined in § 761.3) and comply with all of tion factor used in the latter method is
the following criteria: the result of dividing the latest pub-
(i) The closure cost estimate shall lished annual Deflator by the Deflator
equal the cost of final closure at the for the previous year. The adjustment
point in the PCB storage facility’s ac- to the closure cost estimate is then
tive life when the extent and manner of made by multiplying the most recent
PCB storage operations would make closure cost estimate by the latest in-
closure the most expensive, as indi- flation factor.
cated by the facility’s closure plan. (3) Where EPA approves a modifica-
(ii) The closure cost estimate shall be tion to the facility’s closure plan, and
based on the costs to the owner or op- that modification increases the cost of
erator of hiring a third party to close closure, the owner or operator shall re-
the facility, and the third party shall vise the closure cost estimate no later
not be either a corporate parent or sub- than 30 days after the modification is
sidiary of the owner or operator, or approved. Any such revision shall also
member in joint ownership of the facil- be adjusted for inflation in accordance
ity. with paragraph (f)(2) of this section.
(iii) The owner or operator shall in- (4) The owner or operator of the facil-
clude in the estimate the current mar- ity shall keep at the facility during its
ket costs for off-site commercial dis- operating life the most recent closure
posal of the facility’s maximum esti- cost estimate, including any adjust-
mated inventory of PCB wastes, except ments resulting from inflation or from
that on-site disposal costs may be used modifications to the closure plan.
if on-site disposal capacity will exist at (g) Financial assurance for closure. A
the facility at all times over the life of commercial storer of PCB waste shall
the PCB storage facility. establish financial assurance for clo-
(iv) The closure cost estimate may sure of each PCB storage facility that
not incorporate any salvage value that he owns or operates. In establishing fi-
may be realized with the sale of wastes, nancial assurance for closure, the com-
facility structures or equipment, land, mercial storer of PCB waste may
or other assets associated with the fa- choose from the following financial as-
cility at the time of closure. surance mechanisms or any combina-
(2) During the active life of the PCB tion of mechanisms:
storage facility, the commercial storer (1) The ‘‘closure trust fund,’’ as speci-
of PCB waste shall adjust annually for fied in § 264.143(a) of this chapter, ex-
inflation the closure cost estimate cept for paragraph (a)(3) of § 264.143. For
within 60 days prior to the anniversary purposes of this paragraph, the fol-
date of the establishment of the finan- lowing provisions also apply:
cial instruments used to demonstrate (i) Payments into the trust fund shall
financial responsibility for closure, ex- be made annually by the owner or oper-
cept that owners or operators who use ator over the remaining operating life
the financial test or corporate guar- of the facility as estimated in the clo-
antee shall adjust their closure cost es- sure plan, or over 3 years, whichever
timates for inflation within 30 days period is shorter. This period of time is
after the close of the storer’s fiscal hereafter referred to as the ‘‘pay-in pe-
year. The adjustment may be made by riod.’’ For an existing facility, the first
recalculating the maximum costs of payment must be made within 30 cal-
closure in current dollars, or by using endar days after EPA has notified the
an inflation factor derived from the facility of its conditional approval. In-
most recent Implicit Price Deflator for terim approval to operate is canceled
Gross National Product published by and the application is denied if EPA
the U.S. Department of Commerce in does not receive verification that the
its Survey of Current Business. The Im- payment was made in that 30-day pe-
plicit Price Deflator for Gross National riod.
769
§ 761.65 40 CFR Ch. I (7–1–10 Edition)
(ii) For a new facility, the first pay- to submit a trust agreement under this
ment into the closure trust fund shall subpart.
be made before EPA grants final ap- (2) The ‘‘surety bond guaranteeing
proval of the application and before the payment into a closure trust fund,’’ as
facility may accept the initial ship- specified in § 264.143(b) of this chapter,
ment of PCB waste for commercial including the use of the surety bond in-
storage. A receipt from the trustee strument specified at § 264.151(b) of this
shall be submitted by the owner or op- chapter and the standby trust specified
erator to the Regional Administrator at § 264.143(b)(3) of this chapter. The use
(or the Director, Office of Resource of the surety bonds, surety bond instru-
Conservation and Recovery, if the com- ments, and standby trust agreements
mercial storage area is ancillary to a specified in §§ 264.143(b) and 264.151(b) of
disposal facility approved by an official this chapter shall be deemed to be in
at EPA Headquarters) before this ini- compliance with this subpart.
tial delivery of PCB waste. The first (3)(i) The ‘‘surety bond guaranteeing
payment shall be at least equal to the performance of closure,’’ as specified at
current closure cost estimate, divided § 264.143(c) of this chapter, except for
by the number of years in the pay-in paragraph (c)(5) of § 264.143 of this chap-
period, except as provided in paragraph ter. The submission and use of the sur-
(g)(7) of this section for multiple mech- ety bond instrument specified at
anisms. Subsequent payments shall be § 264.151(c) of this chapter and the
made no later than 30 days after each standby trust specified at § 264.143(c)(3)
of this chapter shall be deemed to be in
anniversary date of the first payment.
compliance with the requirements
The amount of each subsequent pay-
under this subpart relating to the use
ment shall be determined by sub-
of surety bonds and standby trust
tracting the current value of the trust
funds.
fund from the current closure cost esti-
(ii) For the purposes of this para-
mate, and dividing this difference by
graph, and under the terms of the bond,
the number of years remaining in the
the surety shall become liable on the
pay-in period.
bond obligation when the owner or op-
(iii) If an owner or operator of a facil- erator fails to perform as guaranteed
ity existing on the effective date of by the bond. Liability is established by
this paragraph establishes a trust fund a final administrative determination
to meet the financial assurance re- pursuant to section 16 of TSCA that
quirements of this paragraph, and the the owner or operator has failed to per-
value of the trust fund is less than the form final closure in accordance with
current closure cost estimate when a the closure plan and other approval or
final approval is granted for the facil- regulatory requirements when required
ity, the amount of the current closure to do so.
cost estimate still to be paid into the (4)(i) The ‘‘closure letter of credit’’
trust fund shall be paid in over the specified in § 264.143(d) of this chapter,
pay-in period as defined in paragraph except for paragraph (d)(8). The sub-
(g)(1)(i) of this section. Payments shall mission and use of the irrevocable let-
continue to be made no later than 30 ter of credit instrument specified in
days after each anniversary date of the § 264.151(d) of this chapter and the
first payment made into the trust fund. standby trust specified in § 264.143(d)(3)
The amount of each payment shall be of this chapter shall be deemed to be in
determined by subtracting the current compliance with the requirements of
value of the trust fund from the cur- this subpart relating to the use of let-
rent closure cost estimate, and divid- ters of credit and standby trust funds.
ing this difference by the number of (ii) For the purposes of this para-
years remaining in the pay-in period. graph, the Regional Administrator (or
(iv) The submission of a trust agree- the appropriate official at EPA Head-
ment with the wording specified in quarters, if the commercial storage
§ 264.151(a)(1) of this chapter, including area is ancillary to a disposal facility
any reference to hazardous waste man- for which an official at EPA Head-
agement facilities, shall be deemed to quarters has approval authority) may
be in compliance with the requirement draw on the letter of credit following a
770
final administrative determination fied of the completion of the modifica-

pursuant to section 16 of TSCA that tion, but prior to the use of the modi-
the owner or operator has failed to per- fied portion of the facility.
form final closure in accordance with (h) Release of owner or operator. With-
the closure plan and other approval or in 60 days after receiving certifications
regulatory requirements when required from the owner or operator and an
to do so. independent registered professional en-
(5) ‘‘Closure insurance,’’ as specified gineer that final closure has been com-
in § 264.143(e) of this chapter, utilizing pleted in accordance with the approved
the certificate of insurance for closure closure plan, EPA will notify the owner
specified at § 264.151(e) of this chapter. or operator in writing that the owner
The use of closure insurance as speci- or operator is no longer required by
fied in § 264.143(e) of this chapter and this section to maintain financial as-
the submission and use of the certifi- surance for final closure of the facility,
cate of insurance specified in
unless EPA has reason to believe that
§ 264.151(e) of this chapter shall be
final closure has not been completed in
deemed to be in compliance with the
accordance with the approved closure
requirements of this subpart relating
plan. EPA shall provide the owner or
to the use of closure insurance.
operator with a detailed written state-
(6) The ‘‘financial test and corporate
guarantee for closure,’’ as described in ment stating the reasons why EPA
§ 264.143(f) of this chapter, including a shall provide the owner or operator
letter signed by the owner’s or opera- with a detailed written statement stat-
tor’s chief financial officer as specified ing the reasons why he believed closure
at § 264.151(f) of this chapter and, if ap- was not conducted in accordance with
plicable, the written corporate guar- the approved closure plan.
antee specified at § 264.151(h) of this (i) Laboratories and samples. (1) A lab-
chapter. The use of the financial test oratory is conditionally exempt from
and corporate guarantee specified in the notification and approval require-
§ 264.143(f) of this chapter, the submis- ments for a commercial storer under
sion and use of the letter specified in § 761.65 (d) through (h) when it stores
§ 264.151(f) of this chapter, and the sub- samples held for disposal in a facility
mission and use of the written cor- that complies with the standards in
porate guarantee specified at § 761.65 (b)(1)(i) through (b)(1)(iv).
§ 264.151(h) of this chapter shall be (2) A laboratory sample is exempt
deemed to be in compliance with the from the manifesting requirements in
requirements of this subpart relating § 761.208 when:
to the use of financial tests and cor- (i) The sample is being transported to
porate guarantees. a laboratory for the purpose of testing.
(7) The corporate guarantee as speci- (ii) The sample is being transported
fied in § 264.143(f)(10) of this chapter. back to the sample collector after test-
(8) The use of multiple financial ing.
mechanisms, as specified in § 264.143(g) (iii) The sample is being stored by
of this chapter is permitted. the sample collector before transport
(9) A modification to a facility stor- to a laboratory for testing.
ing PCB waste that increases the max-
(iv) The sample is being stored in a
imum storage capacity indicated in the
laboratory before testing.
permit requires that a new financial
assurance mechanism be established or (v) The sample is being stored in a
an existing one be amended. When such laboratory after testing but before it is
a modification occurs, the Director of returned to the sample collector.
the Federal or State issuing authority (vi) The sample is being stored tem-
must be notified in writing no later porarily in the laboratory after testing
than 30 days from the completion of for a specific purpose (for example,
the modification. The new or revised fi- until conclusion of a court case or en-
nancial assurance mechanism must be forcement action where further testing
established and activated no later than of the sample may be necessary).
30 days after the Director of the Fed- (3) In order to qualify for the exemp-
eral or State issuing authority is noti- tion in paragraph (i)(2)(i) and (i)(2)(ii)
771
§ 761.70 40 CFR Ch. I (7–1–10 Edition)
of this section, a sample collector ship- lapse in financial assurance for the
ping samples to a laboratory and a lab- transferred facility.
oratory returning samples to a sample (2) The transferor or transferee has
collector must: resolved any deficiencies (e.g., tech-
(i) Comply with applicable U.S. De- nical operations, closure plans, cost es-
partment of Transportation (DOT) or timates, etc.) the Agency has identified
U.S. Postal Service (USPS) shipping re- in the transferor’s application.
quirements, found respectively in 49 (k) States and the Federal Government.
CFR 173.345 and U.S. Postal Regula- States and the Federal Government are
tions 652.2 and 652.3. exempt from the requirements of para-
(ii) Assure that the following infor- graphs (f) and (g) of this section.
mation accompanies the sample:
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
(A) The sample collector’s name, 2605)
mailing address, and telephone num-
ber. [44 FR 31542, May 31, 1979. Redesignated at 47
(B) The laboratory’s name, mailing FR 19527, May 6, 1982, and amended at 47 FR
37359, Aug. 8, 1982; 49 FR 28191, July 10, 1984;
address, and telephone number. 53 FR 12524, Apr. 15, 1988; 54 FR 52746, Dec. 21,
(C) The quantity of the sample. 1989; 55 FR 695, Jan. 8, 1990; 55 FR 26205, June
(D) The date of shipment. 27, 1990; 58 FR 15809, Mar. 24, 1993; 58 FR 34205,
(E) A description of the sample. June 23, 1993; 58 FR 59374, Nov. 9, 1993; 63 FR
(iii) Package the sample so that it 35439, 35452, June 29, 1998; 72 FR 57239, 57240
Oct. 9, 2007; 74 FR 30232, June 25, 2009]
does not leak, spill, or vaporize from
its packaging.
§ 761.70 Incineration.
(4) When the concentration of the
PCB sample has been determined, and This section applies to facilities used
its use is terminated, the sample must to incinerate PCBs required to be in-
be properly disposed. A laboratory cinerated by this part.
must either manifest the PCB waste to (a) Liquid PCBs. An incinerator used
a disposer or commercial storer, as re- for incinerating PCBs shall be approved
quired under § 761.208, retain a copy of by EPA pursuant to paragraph (d) of
each manifest, as required under this section. Requests for approval of
§ 761.209, and follow up on exception re- incinerators to be used in more than
porting, as required under § 761.215 (a) one region must be submitted to the
and (b), or return the sample to the Director, Office of Resource Conserva-
sample collector who must then prop- tion and Recovery, except for research
erly dispose of the sample. If the lab- and development involving less than
oratory returns the sample to the sam- 500 pounds of PCB material (see
ple collector, the laboratory must com- § 761.60(i)(2)). Requests for approval of
ply with the shipping requirements set incinerators to be used in only one re-
forth in paragraph (i)(3)(i) through gion must be submitted to the appro-
(i)(3)(iii) of this section. priate Regional Administrator. The in-
(j) Changes in ownership or operational cinerator shall meet all of the require-
control of a commercial storage facility. ments specified in paragraphs (a)(1)
The date of transfer of interim status through (9) of this section, unless a
or final approval shall be the date the waiver from these requirements is ob-
EPA Regional Administrator (or appro- tained pursuant to paragraph (d)(5) of
priate official at EPA Headquarters) this section, In addition, the inciner-
provides written approval of the trans- ator shall meet any other requirements
fer. EPA will provide a final written which may be prescribed pursuant to
decision within 90 days of receipt of the paragraph (d)(4) of this section.
complete new or amended application. (1) Combustion criteria shall be ei-
The Agency will approve the transfer if ther of the following:
the following conditions are met: (i) Maintenance of the introduced liq-
(1) The transferee has established fi- uids for a 2-second dwell time at 1200 °C
nancial assurance for closure pursuant (±100 °C) and 3 percent excess oxygen in
to paragraph (g) of this section using a the stack gas; or
mechanism effective as of the date of (ii) Maintenance of the introduced
final approval so that there will be no liquids for a 11⁄2 second dwell time at
772
1600 °C(±100 °C) and 2 percent excess ox- (8) The flow of PCBs to the inciner-
ygen in the stack gas. ator shall stop automatically when any
(2) Combustion efficiency shall be at one or more of the following conditions
least 99.9 percent computed as follows: occur, unless a contingency plan is sub-
mitted by the incinerator owner or op-
Combustion efficiency = [Cco2/(Cco2 +
erator and approved by the Regional
Cco)]100
Administrator or appropriate official
where at EPA Headquarters. The contingency
Cco2=Concentration of carbon dioxide. plan indicates what alternative meas-
Cco=Concentration of carbon monoxide. ures the incinerator owner or operator
would take if any of the following con-
(3) The rate and quantity of PCBs ditions occur:
which are fed to the combustion sys- (i) Failure of monitoring operations
tem shall be measured and recorded at specified in paragraph (a)(7) of this sec-
regular intervals of no longer than 15 tion;
minutes. (ii) Failure of the PCB rate and quan-
(4) The temperatures of the inciner- tity measuring and recording equip-
ation process shall be continuously ment specified in paragraph (a)(3) of
measured and recorded. The combus- this section; or
tion temperature of the incineration (iii) Excess oxygen falls below the
process shall be based on either direct percentage specified in paragraph (a)(1)
(pyrometer) or indirect (wall thermo- of this section.
couple-pyrometer correlation) tem- (9) Water scrubbers shall be used for
perature readings. HCl control during PCB incineration
(5) The flow of PCBs to the inciner- and shall meet any performance re-
ator shall stop automatically whenever quirements specified by EPA. Scrubber
the combustion temperature drops effluent shall be monitored and shall
below the temperatures specified in comply with applicable effluent or
paragraph (a)(1) of this section. pretreatment standards, and any other
(6) Monitoring of stack emission State and Federal laws and regula-
products shall be conducted: tions. An alternate method of HCl con-
(i) When an incinerator is first used trol may be used if the alternate meth-
for the disposal of PCBs under the pro- od has been approved by EPA. (The HCl
visions of this regulation; neutralizing capability of cement kilns
(ii) When an incinerator is first used is considered to be an alternate meth-
for the disposal of PCBs after the incin- od.)
erator has been modified in a manner (b) Nonliquid PCBs. An incinerator
which may affect the characteristics of used for incinerating nonliquid PCBs,
the stack emission products; and PCB Articles, PCB Equipment, or PCB
(iii) At a minimum such monitoring Containers shall be approved by EPA
shall be conducted for the following pa- pursuant to paragraph (d) of this sec-
rameters: tion. Requests for approval of inciner-
(a) O2; (b) CO; (c) CO2; (d) Oxides of ators to be used in more than one re-
Nitrogen (NOX); (e) Hydrochloric Acid gion must be submitted to the Direc-
(HCl); (f) Total Chlorinated Organic tor, Office of Resource Conservation
Content (RCl); (g) PCBs; and (h) Total and Recovery except for research and
Particulate Matter. development involving less that 500
(7) At a minimum monitoring and re- pounds of PCB material (see
cording of combustion products and in- § 761.60(i)(2)). Requests for approval of
cineration operations shall be con- incinerators to be used in only one re-
ducted for the following parameters gion must be submitted to the appro-
whenever the incinerator is incin- priate Regional Administrator. The in-
erating PCBs: cinerator shall meet all of the require-
(i) O2; (ii) CO; and (iii) CO2. The moni- ments specified in paragraphs (b)(1)
toring for O2 and CO shall be contin- and (2) of this section unless a waiver
uous. The monitoring for CO2 shall be from these requirements is obtained
periodic, at a frequency specified by pursuant to paragraph (d)(5) of this sec-
the Regional Administrator or appro- tion. In addition, the incinerator shall
priate official at EPA Headquarters. meet any other requirements that may
773
§ 761.70 40 CFR Ch. I (7–1–10 Edition)
be prescribed pursuant to paragraph mation shall be restricted to the types

(d)(4) of this section. of information required in paragraphs
(1) The mass air emissions from the (d)(1)(i) through (vii) of this section.
incinerator shall be no greater than (ii) If EPA determines that a trail
0.001g PCB/kg of the PCB introduced burn must be held, the person who sub-
into the incinerator. mitted the report described in para-
(2) The incinerator shall comply with graph (d)(1) of this section shall submit
the provisions of paragraphs (a)(2), (3), to the Regional Administrator or the
(4), (6), (7), (8)(i) and (ii), and (9) of this Director, Office of Resource Conserva-
section. tion and Recovery a detailed plan for
(c) Maintenance of data and records. conducting and monitoring the trail
All data and records required by this burn. At a minimum, the plan must in-
section shall be maintained in accord- clude:
ance with § 761.180, Records and moni- (A) Date trial burn is to be con-
toring. ducted;
(d) Approval of incinerators. Prior to (B) Quantity and type of PCBs and
the incineration of PCBs and PCB PCB Items to be incinerated;
Items the owner or operator of an in- (C) Parameters to be monitored and
cinerator shall receive the written ap- location of sampling points;
proval of the Agency Regional Admin- (D) Sampling frequency and methods
istrator for the region in which the in- and schedules for sample analyses; and
cinerator is located, or the appropriate (E) Name, address, and qualifications
official at EPA Headquarters. Approval of persons who will review analytical
from the appropriate official at EPA results and other pertinent data, and
Headquarters may be effective in all who will perform a technical evalua-
ten EPA regions. Such approval shall tion of the effectiveness of the trial
be obtained in the following manner: burn.
(1) Application. The owner or operator (iii) Following receipt of the plan de-
shall submit to the Regional Adminis- scribed in paragraph (d)(2)(ii) of this
trator or the Director, Office of Re- section, EPA will approve the plan, re-
source Conservation and Recovery an quire additions or modifications to the
application which contains: plan, or disapprove the plan. If the plan
(i) The location of the incinerator; is disapproved, EPA will notify the per-
(ii) A detailed description of the in- son who submitted the plan of such dis-
cinerator including general site plans approval, together with the reasons
and design drawings of the incinerator; why it is disapproved. That person may
(iii) Engineering reports or other in- thereafter submit a new plan in accord-
formation on the anticipated performance with paragraph (d)(2)(ii) of this
ance of the incinerator; section. If the plan is approved (with
(iv) Sampling and monitoring equip- any additions or modifications which
ment and facilities available; EPA may prescribe), EPA will notify
(v) Waste volumes expected to be in- the person who submitted the plan of
cinerated; the approval. Thereafter, the trial burn
(vi) Any local, State, or Federal per- shall take place at a date and time to
mits or approvals; and be agreed upon between EPA and the
(vii) Schedules and plans for com- person who submitted the plan.
plying with the approval requirements (3) Other information. In addition to
of this regulation. the information contained in the re-
(2) Trial burn. (i) Following receipt of port and plan described in paragraphs
the application described in paragraph (d)(1) and (2) of this section, EPA may
(d)(1) of this section, EPA shall deter- require the owner or operator to sub-
mine if a trial burn is required and no- mit any other information that the
tify the person who submitted the re- EPA finds to be reasonably necessary
port whether a trial burn of PCBs and to determine whether an incinerator
PCB Items must be conducted. EPA shall be approved.
may require the submission of any NOTE: The Regional Administrator will
other information that EPA finds to be have available for review and inspection an
reasonably necessary to determine the Agency manual containing information on
need for a trial burn. Such other infor- sampling methods and analytical procedures
774
for the parameters required in § 761.70(a) (3), (8) Transfer of property. Any person
(4), (6), and (7) plus any other parameters he/ who owns or operates an approved in-
she may determine to be appropriate. Owners cinerator must notify EPA at least 30
or operators are encouraged to review this
days before transferring ownership in
manual prior to submitting any report re-
quired in § 761.70. the incinerator or the property it
stands upon, or transferring the right
(4) Contents of approval. (i) Except as to operate the incinerator. The trans-
provided in paragraph (d)(5) of this sec- feror must also submit to EPA, at least
tion, the Regional Administrator or 30 days before such transfer, a nota-
the appropriate official at EPA Head- rized affidavit signed by the transferee
quarters may not approve an inciner- which states that the transferee will
ator for the disposal of PCBs and PCB abide by the transferor’s EPA inciner-
Items unless he finds that the incinerator approval. Within 30 days of receiv-
ator meets all of the requirements of ing such notification and affidavit,
paragraphs (a) and/or (b) of this sec- EPA will issue an amended approval
tion. substituting the transferee’s name for
(ii) In addition to the requirements of the transferor’s name, or EPA may re-
paragraphs (a) and/or (b) of this sec- quire the transferee to apply for a new
tion, EPA may include in an approval incinerator approval. In the latter
any other requirements that EPA finds case, the transferee must abide by the
are necessary to ensure that operation transferor’s EPA approval until EPA
of the incinerator does not present an issues the new approval to the trans-
unreasonable risk of injury to health feree.
or the environment from PCBs. Such
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
requirements may include a fixed pe-
2605)
riod of time for which the approval is
valid. [44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 48 FR
(5) Waivers. An owner or operator of
13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984;
the incinerator may submit evidence to 53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24,
the Regional Administrator or the Di- 1993; 63 FR 35439, June 29, 1998; 72 FR 57240,
rector, Office of Resource Conservation Oct. 9, 2007; 74 FR 30233, June 25, 2009]
and Recovery that operation of the in-
cinerator will not present an unreason- § 761.71 High efficiency boilers.
able risk of injury to health or the en- (a) To burn mineral oil dielectric
vironment from PCBs, when one or fluid containing a PCB concentration
more of the requirements of paragraphs of ≥50 ppm, but <500 ppm:
(a) and/or (b) of this section are not (1) The boiler shall comply with the
met. On the basis of such evidence and following criteria:
any other available information, EPA (i) The boiler is rated at a minimum
may, in its discretion, find that any re- of 50 million BTU hours.
quirement of paragraphs (a) and (b) of (ii) If the boiler uses natural gas or
this section is not necessary to protect oil as the primary fuel, the carbon
against such a risk, and may waive the monoxide concentration in the stack is
requirements in any approval for that ≤50 ppm and the excess oxygen is at
incinerator. Any finding and waiver least 3 percent when PCBs are being
under this paragraph must be stated in burned.
writing and included as part of the ap- (iii) If the boiler uses coal as the pri-
proval. mary fuel, the carbon monoxide con-
(6) Persons approved. An approval will centration in the stack is ≤100 ppm and
designate the persons who own and who the excess oxygen is at least 3 percent
are authorized to operate the inciner- when PCBs are being burned.
ator, and will apply only to such per- (iv) The mineral oil dielectric fluid
sons, except as provided in paragraph does not comprise more than 10 percent
(d)(8) of this section. (on a volume basis) of the total fuel
(7) Final approval. Approval of an in- feed rate.
cinerator will be in writing and signed (v) The mineral oil dielectric fluid is
by the appropriate EPA official. The not fed into the boiler unless the boiler
approval will state all requirements is operating at its normal operating
applicable to the approved incinerator. temperature (this prohibits feeding
775
§ 761.71 40 CFR Ch. I (7–1–10 Edition)
these fluids during either start up or (3) When burning mineral oil dielec-
shut down operations). tric fluid, the boiler must operate at a
(vi) The owner or operator of the level of output no less than the output
boiler: at which the measurements required
(A) Continuously monitors and under paragraph (a)(2)(iii) of this sec-
records the carbon monoxide con- tion were taken.
centration and excess oxygen percent- (4) Any person burning mineral oil di-
age in the stack gas while burning min- electric fluid in a boiler obtains the
eral oil dielectric fluid; or following information and retains the
(B) If the boiler will burn <30,000 gal- information for 5 years at the boiler lo-
lons of mineral oil dielectric fluid per cation:
year, measures and records the carbon (i) The data required to be collected
monoxide concentration and excess ox- under paragraphs (a)(1)(vi) and (vii) of
ygen percentage in the stack gas at this section.
regular intervals of no longer than 60
(ii) The quantity of mineral oil di-
minutes while burning mineral oil di-
electric fluid burned in the boiler each
electric fluid.
month.
(vii) The primary fuel feed rates,
mineral oil dielectric fluid feed rates, (b) To burn liquids, other than min-
and total quantities of both primary eral oil dielectric fluid, containing a
fuel and mineral oil dielectric fluid fed PCB concentration of ≥50 ppm, but <500
to the boiler are measured and re- ppm:
corded at regular intervals of no longer (1) The boiler shall comply with the
than 15 minutes while burning mineral following criteria:
oil dielectric fluid. (i) The boiler is rated at a minimum
(viii) The carbon monoxide con- of 50 million BTU/hour.
centration and the excess oxygen per- (ii) If the boiler uses natural gas or
centage are checked at least once oil as the primary fuel, the carbon
every hour that mineral oil dielectric monoxide concentration in the stack is
fluid is burned. If either measurement ≤50 ppm and the excess oxygen is at
falls below the levels specified in this least 3 percent when PCBs are being
section, the flow of mineral oil dielec- burned.
tric fluid to the boiler shall be stopped (iii) If the boiler uses coal as the pri-
immediately. mary fuel, the carbon monoxide con-
(2) Thirty days before any person centration in the stack is ≤100 ppm and
burns mineral oil dielectric fluid in the the excess oxygen is at least 3 percent
boiler, the person gives written notice when PCBs are being burned.
to the EPA Regional Administrator for (iv) The waste does not comprise
the EPA Region in which the boiler is more than 10 percent (on a volume
located and that the notice contains basis) of the total fuel feed rate.
the following information:
(v) The waste is not fed into the boil-
(i) The name and address of the
er unless the boiler is operating at its
owner or operator of the boiler and the
address of the boiler. normal operating temperature (this
(ii) The boiler rating in units of BTU/ prohibits feeding these fluids during ei-
hour. ther start up or shut down operations).
(iii) The carbon monoxide concentra- (vi) The owner or operator of the
tion and the excess oxygen percentage boiler must:
in the stack of the boiler when it is op- (A) Continuously monitor and record
erated in a manner similar to the man- the carbon monoxide concentration
ner in which it will be operated when and excess oxygen percentage in the
mineral oil dielectric fluid is burned. stack gas while burning waste fluid; or
(iv) The type of equipment, appa- (B) If the boiler will burn <30,000 gal-
ratus, and procedures to be used to lons of waste fluid per year, measure
control the feed of mineral oil dielec- and record the carbon monoxide con-
tric fluid to the boiler and to monitor centration and excess oxygen percent-
and record the carbon monoxide con- age in the stack gas at regular inter-
centration and excess oxygen percent- vals of no longer than 60 minutes while
age in the stack. burning waste fluid.
776
(vii) The primary fuel feed rate, using either ASTM D-2709-88 or ASTM
waste fluid feed rate, and total quan- D-1796-83 (Reapproved 1990), ash con-
tities of both primary fuel and waste tent using ASTM D-482-87, calorific
fluid fed to the boiler must be meas- value using ASTM D-240-87, carbon res-
ured and recorded at regular intervals idue using either ASTM D-2158-89 or
of no longer than 15 minutes while ASTM D-524-88, and flash point using
burning waste fluid. ASTM D-93-90.
(viii) The carbon monoxide con- (vii) The quantity of wastes esti-
centration and the excess oxygen per- mated to be burned in a 30–day period.
centage must be checked at least once (viii) An explanation of the proce-
every hour that the waste is burned. If dures to be followed to ensure that
either measurement falls below the burning the waste will not adversely
levels specified in either (a)(1)(ii) or affect the operation of the boiler such
(a)(1)(iii) of this section, the flow of that combustion efficiency will de-
waste to the boiler shall be stopped im- crease.
mediately. (3) On the basis of the information in
(2) Prior to any person burning these paragraph (b)(2) of this section and any
liquids in the boiler, approval must be other available information, the Re-
obtained from the EPA Regional Ad- gional Administrator may, at his/her
ministrator for the EPA Region in discretion, find that the alternate dis-
which the boiler is located and any per- posal method will not present an un-
sons seeking such approval must sub- reasonable risk of injury to health or
mit to the EPA Regional Adminis- the environment and approve the use of
trator a request containing at least the the boiler.
following information: (4) When burning PCB wastes, the
(i) The name and address of the boiler must operate at a level of output
owner or operator of the boiler and the no less than the output at which the
address of the boiler. measurements required under para-
(ii) The boiler rating in units of BTU/ graph (b)(2)(iii) of this section were
hour. taken.
(iii) The carbon monoxide concentra- (5) Any person burning liquids in
tion and the excess oxygen percentage boilers approved as provided in para-
in the stack of the boiler when it is op- graph (b)(3) of this section, must obtain
erated in a manner similar to the man- the following information and retain
ner in which it will be operated when the information for 5 years at the boil-
low concentration PCB liquid is er location:
burned. (i) The data required to be collected
(iv) The type of equipment, appa- in paragraphs (b)(1)(vi) and (b)(1)(vii) of
ratus, and procedures to be used to this section.
control the feed of mineral oil dielec- (ii) The quantity of low concentra-
tric fluid to the boiler and to monitor tion PCB liquid burned in the boiler
and record the carbon monoxide con- each month.
centration and excess oxygen percent- (iii) The analysis of the waste re-
age in the stack. quired by paragraph (b)(2)(vi) of this
(v) The type of waste to be burned section taken once a month for each
(e.g., hydraulic fluid, contaminated month during which low concentration
fuel oil, heat transfer fluid, etc.). PCB liquid is burned in the boiler.
(vi) The concentration of PCBs and of [63 FR 35454, June 29, 1998]
any other chlorinated hydrocarbon in
the waste and the results of analyses § 761.72 Scrap metal recovery ovens
using the American Society of Testing and smelters.
and Materials (ASTM) methods as fol- Any person may dispose of residual
lows: Carbon and hydrogen content PCBs associated with PCB-Contami-
using ASTM D-3178-84, nitrogen con- nated articles regulated for disposal
tent using ASTM E-258-67 (Reapproved under § 761.60(b), metal surfaces in PCB
1987), sulfur content using ASTM D- remediation waste regulated under
2784-89, ASTM D-1266-87, or ASTM D- § 761.61, or metal surfaces in PCB bulk
129-64, chlorine content using ASTM D- product waste regulated under
808-87, water and sediment content §§ 761.62(a)(6) and 761.79(c)(6), from
777
§ 761.72 40 CFR Ch. I (7–1–10 Edition)
which all free-flowing liquids have been (9) A measurement of the tempera-
removed: ture in the secondary chamber at the
(a) In a scrap metal recovery oven: time the primary chamber starts heat-
(1) The oven shall have at least two ing must be taken, recorded and re-
enclosed (i.e., negative draft, no fugi- tained at the facility for 3 years from
tive emissions) interconnected cham- the date each charge is introduced into
bers. the primary chamber.
(2) The equipment with all free-flow- (b) By smelting:
ing liquid removed shall first be placed (1) The operating temperature of the
in the primary chamber at room tem- hearth must be at least 1,000 °C at the
perature. time it is charged with any PCB-Con-
(3) The primary chamber shall oper-
taminated non-porous surface.
ate at a temperature between 537 °C
(2) Each charge containing a PCB-
and 650 °C for a minimum of 21⁄2 hours
and reach a minimum temperature of Contaminated item must be added into
650 °C (1,202 °F) once during each heat- molten metal or a hearth at ≥1,000 °C.
ing cycle or batch treatment of (3) Successive charges may not be in-
unheated, liquid-free equipment. troduced into the hearth in less than
(4) Heated gases from the primary 15–minute intervals.
chamber must feed directly into the (4) The smelter must operate in com-
secondary chamber (i.e., afterburner) pliance with any applicable emissions
which must operate at a minimum standards in part 60 of this chapter.
temperature of 1,200 °C (2,192 °F) with (5) The smelter must have an oper-
at least a 3 percent excess oxygen and ational device which accurately meas-
a retention time of 2.0 seconds with a ures directly or indirectly, the tem-
minimum combustion efficiency of 99.9 perature in the hearth.
percent according to the definition in (6) Take, record and retain at the dis-
§ 761.70(a)(2). posal facility for 3 years from the date
(5) Heating of the primary chamber each charge is introduced, a reading of
shall not commence until the sec- the temperature in the hearth at the
ondary chamber has reached a tem- time it is charged with a non-porous
perature of 1,200 ±100 °C (2,192 ° ±180 °F). surface item.
(6) Continuous emissions monitors (c)(1) Scrap metal recovery ovens and
and recorders for carbon dioxide, car- smelters must either have a final per-
bon monoxide, and excess oxygen in mit under RCRA (part 266, subpart H of
the secondary chamber and continuous this chapter and § 270.66 of this chapter)
temperature recorders in the primary or be operating under a valid State air
and secondary chambers shall be in- emissions permit which includes a
stalled and operated while the primary standard for PCBs.
and secondary chambers are in oper-
(2) Scrap metal recovery ovens and
ation to assure that the two chambers
smelters disposing of PCBs must pro-
are within the operating parameters in
paragraphs (a)(3) through (a)(5) of this vide notification as disposers of PCBs,
section. are not required to submit annual re-
(7) Emissions from the secondary ports, and shall otherwise comply with
chamber must be vented through an ex- all applicable provisions of subparts J
haust gas stack in accordance with ei- and K of this part, as well as other ap-
ther: plicable Federal, State, and local laws
(i) State or local air regulations or and regulations.
permits, or (3) In lieu of the requirements in
(ii) The standards in paragraph (a)(8) paragraph (c)(1) of this section, upon
of this section. written request by the owner or oper-
(8) Exhaust gas stack emissions shall ator of a scrap metal recovery oven or
be for: particulates <0.015 grains/dry smelter, the EPA Regional Adminis-
standard cubic foot, sulfur dioxide <35 trator, for the Region where the oven
parts per million by volume (ppmv), ni- or smelter is located, may make a find-
trogen oxide <150 ppmv, carbon mon- ing in writing, based on a site-specific
oxide <35 ppmv, and hydrogen chloride risk assessment, that the oven or
<35 ppmv. smelter does not pose an unreasonable
778
risk of injury to health or the environ- (2) Synthetic membrane liners. Syn-
ment because it is operating in compli- thetic membrane liners shall be used
ance with the parameters and condi- when, in the judgment of the Regional
tions listed in paragraph (a) or (b) of Administrator, the hydrologic or geo-
this section even though the oven or logic conditions at the landfill require
smelter does not have a RCRA or State such a liner in order to provide at least
air permit as required by paragraph a permeability equivalent to the soils
(c)(1) of this section. The written re- in paragraph (b)(1) of this section.
quest shall include a site-specific risk Whenever a synthetic liner is used at a
assessment. landfill site, special precautions shall
(d) PCB liquids, other liquid waste be taken to insure that its integrity is
qualifying as waste oils which may be maintained and that it is chemically
used as provided for at § 761.20(e), or compatible with PCBs. Adequate soil
PCB remediation waste, other than underlining and soil cover shall be pro-
PCB-Contaminated articles, may not vided to prevent excessive stress on the
be disposed of in a scrap metal recov- liner and to prevent rupture of the
ery oven or smelter unless approved or liner. The liner must have a minimum
otherwise allowed under subpart D of thickness of 30 mils.
this part. (3) Hydrologic conditions. The bottom
[63 FR 35455, June 29, 1998, as amended at 64 of the landfill shall be above the histor-
FR 33761, June 24, 1999] ical high groundwater table as provided
below. Floodplains, shorelands, and
§ 761.75 Chemical waste landfills. groundwater recharge areas shall be
This section applies to facilities used avoided. There shall be no hydraulic
to dispose of PCBs in accordance with connection between the site and stand-
the part. ing or flowing surface water. The site
(a) General. A chemical waste landfill shall have monitoring wells and leach-
used for the disposal of PCBs and PCB ate collection. The bottom of the land-
Items shall be approved by the Agency fill liner system or natural in-place
Regional Administrator pursuant to soil barrier shall be at least fifty feet
paragraph (c) of this section. The land- from the historical high water table.
fill shall meet all of the requirements (4) Flood protection. (i) If the landfill
specified in paragraph (b) of this sec- site is below the 100-year floodwater
tion, unless a waiver from these re- elevation, the operator shall provide
quirements is obtained pursuant to surface water diversion dikes around
paragraph (c)(4) of this section. In addi- the perimeter of the landfill site with a
tion, the landfill shall meet any other minimum height equal to two feet
requirements that may be prescribed above the 100-year floodwater ele-
pursuant to paragraph (c)(3) of this sec- vation.
tion. (ii) If the landfill site is above the
(b) Technical requirements. Require- 100-year floodwater elevation, the oper-
ments for chemical waste landfills used ators shall provide diversion structures
for the disposal of PCBs and PCB Items capable of diverting all of the surface
are as follows: water runoff from a 24-hour, 25-year
(1) Soils. The landfill site shall be lo- storm.
cated in thick, relatively impermeable (5) Topography. The landfill site shall
formations such as large-area clay be located in an area of low to mod-
pans. Where this is not possible, the erate relief to minimize erosion and to
soil shall have a high clay and silt con- help prevent landslides or slumping.
tent with the following parameters: (6) Monitoring systems—(i) Water sam-
(i) In-place soil thickness, 4 feet or pling. (A) For all sites receiving PCBs,
compacted soil liner thickness, 3 feet; the ground and surface water from the
(ii) Permeability (cm/sec), equal to or disposal site area shall be sampled
less than 1×10¥7; prior to commencing operations under
(iii) Percent soil passing No. 200 an approval provided in paragraph (c)
Sieve, >30; of this section for use as baseline data.
(iv) Liquid Limit, >30; and (B) Any surface watercourse des-
(v) Plasticity Index >15. ignated by the Regional Administrator
779
§ 761.75 40 CFR Ch. I (7–1–10 Edition)
using the authority provided in para- (7) Leachate collection. A leachate col-
graph (c)(3)(ii) of this section shall be lection monitoring system shall be in-
sampled at least monthly when the stalled above the chemical waste land-
landfill is being used for disposal oper- fill. Leachate collection systems shall
ations. be monitored monthly for quantity and
(C) Any surface watercourse des- physicochemical characteristics of
ignated by the Regional Administrator leachate produced. The leachate should
using the authority provided in para- be either treated to acceptable limits
graph (c)(3)(ii) of this section shall be for discharge in accordance with a
sampled for a time period specified by State or Federal permit or disposed of
the Regional Administrator on a fre- by another State or Federally approved
quency of no less than once every six method. Water analysis shall be con-
months after final closure of the dis- ducted as provided in paragraph
posal area. (b)(6)(iii) of this section. Acceptable
(ii) Groundwater monitor wells. (A) If leachate monitoring/collection systems
underlying earth materials are homog- shall be any of the following designs,
enous, impermeable, and uniformly unless a waiver is obtained pursuant to
sloping in one direction, only three paragraph (c)(4) of this section.
sampling points shall be necessary. (i) Simple leachate collection. This sys-
These three points shall be equally tem consists of a gravity flow
spaced on a line through the center of drainfield installed above the waste
the disposal area and extending from disposal unit liner. This design is rec-
the area of highest water table ele- ommended for use when semi-solid or
vation to the area of the lowest water leachable solid wastes are placed in a
table elevation on the property. lined pit excavated into a relatively
(B) All monitor wells shall be cased thick, unsaturated, homogenous layer
and the annular space between the of low permeability soil.
monitor zone (zone of saturation) and (ii) Compound leachate collection. This
the surface shall be completely system consists of a gravity flow
backfilled with Portland cement or an drainfield installed above the waste
equivalent material and plugged with disposal unit liner and above a sec-
Portland cement to effectively prevent ondary installed liner. This design is
percolation of surface water into the recommended for use when semi-liquid
well bore. The well opening at the sur- or leachable solid wastes are placed in
face shall have a removable cap to pro- a lined pit excavated into relatively
vide access and to prevent entrance of permeable soil.
rainfall or stormwater runoff. The well (iii) Suction lysimeters. This system
shall be pumped to remove the volume consists of a network of porous ceramic
of liquid initially contained in the well cups connected by hoses/tubing to a
before obtaining a sample for analysis. vacuum pump. The porous ceramic
The discharge shall be treated to meet cups or suction lysimeters are installed
applicable State or Federal discharge along the sides and under the bottom
standards or recycled to the chemical of the waste disposal unit liner. This
waste landfill. type of system works best when in-
(iii) Water analysis. As a minimum, stalled in a relatively permeable un-
all samples shall be analyzed for the saturated soil immediately adjacent to
following parameters, and all data and the bottom and/or sides of the disposal
records of the sampling and analysis facility.
shall be maintained as required in (8) Chemical waste landfill operations.
§ 761.180(d)(1). Sampling methods and (i) PCBs and PCB Items shall be placed
analytical procedures for these param- in a landfill in a manner that will pre-
eters shall comply with those specified vent damage to containers or articles.
in 40 CFR part 136 as amended in 41 FR Other wastes placed in the landfill that
52779 on December 1, 1976. are not chemically compatible with
(A) PCBs. PCBs and PCB Items including organic
(B) pH. solvents shall be segregated from the
(C) Specific conductance. PCBs throughout the waste handling
(D) Chlorinated organics. and disposal process.
780
(ii) An operation plan shall be devel- (iv) Records shall be maintained for
oped and submitted to the Regional all PCB disposal operations and shall
Administrator for approval as required include information on the PCB con-
in paragraph (c) of this section. This centration in liquid wastes and the
plan shall include detailed expla- three dimensional burial coordinates
nations of the procedures to be used for for PCBs and PCB Items. Additional
recordkeeping, surface water handling records shall be developed and main-
procedures, excavation and backfilling, tained as required in § 761.180.
waste segregation burial coordinates, (9) Supporting facilities. (i) A six foot
vehicle and equipment movement, use woven mesh fence, wall, or similar de-
of roadways, leachate collection sys- vice shall be placed around the site to
tems, sampling and monitoring proce- prevent unauthorized persons and ani-
dures, monitoring wells, environmental mals from entering.
emergency contingency plans, and se- (ii) Roads shall be maintained to and
curity measures to protect against within the site which are adequate to
vandalism and unauthorized waste support the operation and maintenance
placements. EPA guidelines entitled of the site without causing safety or
‘‘Thermal Processing and Land Dis- nuisance problems or hazardous condi-
posal of Solid Waste’’ (39 FR 29337, Aug. tions.
14, 1974) are a useful reference in prepa- (iii) The site shall be operated and
ration of this plan. If the facility is to maintained in a manner to prevent
safety problems or hazardous condi-
be used to dispose of liquid wastes con-
tions resulting from spilled liquids and
taining between 50 ppm and 500 ppm
windblown materials.
PCB, the operations plan must include
(c) Approval of chemical waste landfills.
procedures to determine that liquid
Prior to the disposal of any PCBs and
PCBs to be disposed of at the landfill
PCB Items in a chemical waste landfill,
do not exceed 500 ppm PCB and meas- the owner or operator of the landfill
ures to prevent the migration of PCBs shall receive written approval of the
from the landfill. Bulk liquids not ex- Agency Regional Administrator for the
ceeding 500 ppm PCBs may be disposed Region in which the landfill is located.
of provided such waste is pretreated The approval shall be obtained in the
and/or stabilized (e.g., chemically following manner:
fixed, evaporated, mixed with dry inert (1) Initial report. The owner or oper-
absorbant) to reduce its liquid content ator shall submit to the Regional Ad-
or increase its solid content so that a ministrator an initial report which
non-flowing consistency is achieved to contains:
eliminate the presence of free liquids (i) The location of the landfill;
prior to final disposal in a landfill. PCB (ii) A detailed description of the
Container of liquid PCBs with a con- landfill including general site plans
centration between 50 and 500 ppm PCB and design drawings;
may be disposed of if each container is (iii) An engineering report describing
surrounded by an amount of inert the manner is which the landfill com-
sorbant material capable of absorbing plies with the requirements for chem-
all of the liquid contents of the conical waste landfills specified in para-
tainer. graph (b) of this section;
(iii) Ignitable wastes shall not be dis- (iv) Sampling and monitoring equip-
posed of in chemical waste landfills. ment and facilities available;
Liquid ignitable wastes are wastes that (v) Expected waste volumes of PCBs;
have a flash point less than 60 degrees (vi) General description of waste ma-
C (140 degrees F) as determined by the terials other than PCBs that are ex-
following method or an equivalent pected to be disposed of in the landfill;
method: Flash point of liquids shall be (vii) Landfill operations plan as re-
determined by a Pensky-Martens quired in paragraph (b) of this section;
Closed Cup Tester, using the protocol (viii) Any local, State, or Federal
specified in ASTM D 93–90, or the permits or approvals; and
Setaflash Closed Tester using the pro- (ix) Any schedules or plans for com-
tocol specified in ASTM Standard D– plying with the approval requirements
3278–89. of these regulations.
781
§ 761.77 40 CFR Ch. I (7–1–10 Edition)
(2) Other information. In addition to be stated in writing and included as

the information contained in the re- part of the approval.
port described in paragraph (c)(1) of (5) Persons approved. Any approval
this section, the Regional Adminis- will designate the persons who own and
trator may require the owner or oper- who are authorized to operate the
ator to submit any other information chemical waste landfill, and will apply
that the Regional Administrator finds only to such persons, except as pro-
to be reasonably necessary to deter- vided by paragraph (c)(7) of this sec-
mine whether a chemical waste landfill tion.
should be approved. Such other infor- (6) Final approval. Approval of a
mation shall be restricted to the types chemical waste landfill will be in writ-
of information required in paragraphs ing and will be signed by the Regional
(c)(1) (i) through (ix) of this section. Administrator. The approval will state
(3) Contents of approval. (i) Except as all requirements applicable to the ap-
provided in paragraph (c)(4) of this sec- proved landfill.
tion the Regional Administrator may (7) Transfer of property. Any person
not approve a chemical waste landfill who owns or operates an approved
for the disposal of PCBs and PCB chemical waste landfill must notify
Items, unless he finds that the landfill EPA at least 30 days before transfer-
meets all of the requirements of para- ring ownership in the property or
graph (b) of this section. transferring the right to conduct the
(ii) In addition to the requirements of chemical waste landfill operation. The
paragraph (b) of this section, the Re- transferor must also submit to EPA, at
gional Administrator may include in least 30 days before such transfer, a no-
an approval any other requirements or tarized affidavit signed by the trans-
provisions that the Regional Adminis- feree which states that the transferee
trator finds are necessary to ensure will abide by the transferor’s EPA
that operation of the chemical waste chemical waste landfill approval. With-
landfill does not present an unreason- in 30 days of receiving such notifica-
able risk of injury to health or the en- tion and affidavit, EPA will issue an
vironment from PCBs. Such provisions amended approval substituting the
may include a fixed period of time for transferee’s name for the transferor’s
which the approval is valid. name, or EPA may require the trans-
The approval may also include a stipu- feree to apply for a new chemical waste
lation that the operator of the chem- landfill approval. In the latter case, the
ical waste landfill report to the Re- transferee must abide by the trans-
gional Administrator any instance feror’s EPA approval until EPA issues
the new approval to the transferee.
when PCBs are detectable during moni-
toring activities conducted pursuant to (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
paragraph (b)(6) of this section. 2605)
(4) Waivers. An owner or operator of a [44 FR 31542, May 31, 1979. Redesignated at 47
chemical waste landfill may submit FR 19527, May 6, 1982, and amended at 48 FR
evidence to the Regional Adminis- 5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53
trator that operation of the landfill FR 12524, Apr. 15, 1988; 53 FR 21641, June 9,
will not present an unreasonable risk 1988; 57 FR 13323, Apr. 16, 1992; 63 FR 35456,
of injury to health or the environment June 29, 1998]
from PCBs when one or more of the re-
quirements of paragraph (b) of this sec- § 761.77 Coordinated approval.
tion are not met. On the basis of such (a) General requirements. Notwith-
evidence and any other available infor- standing any other provision of this
mation, the Regional Administrator part, the EPA Regional Administrator
may in his discretion find that one or for the Region in which a PCB disposal
more of the requirements of paragraph or PCB commercial storage facility de-
(b) of this section is not necessary to scribed in paragraphs (b) and (c) of this
protect against such a risk and may section is located may issue a TSCA
waive the requirements in any ap- PCB Coordinated Approval to the per-
proval for that landfill. Any finding sons described in those paragraphs if
and waiver under this paragraph will the conditions listed in this section are
782
met. A TSCA PCB Coordinated Ap- will not present an unreasonable risk
proval will designate the persons who of injury to health or the environment.
own and who are authorized to operate The EPA Regional Administrator shall
the facilities described in paragraphs either:
(b) and (c) of this section and will apply (A) Issue a written notice of defi-
only to such persons. All requirements, ciency explaining why the request for
conditions, and limitations of any approval is deficient. If appropriate,
other permit or waste management the EPA Regional Administrator may
document cited or described in para- either:
graphs (b) and (c) of this section, as the (1) Request additional information to
technical or legal basis on which the cure the deficiency.
TSCA PCB Coordinated Approval is (2) Deny the request for a TSCA PCB
issued, are conditions of the TSCA PCB Coordinated Approval.
Coordinated Approval.
(B) Issue a letter granting or denying
(1) Persons seeking a TSCA PCB Co-
the TSCA PCB Coordinated Approval.
ordinated Approval shall submit a re-
If the EPA Regional Administrator
quest for approval by certified mail, to
grants the TSCA PCB Coordinated Ap-
the EPA Regional Administrator for
proval, he or she may acknowledge the
the Region in which the activity will
non-TSCA approval meets the regu-
take place. Persons seeking a TSCA
latory requirements under TSCA as
PCB Coordinated Approval for a new
written, or require additional condi-
PCB activity shall submit the request
tions the EPA Regional Administrator
for approval at the same time they
has determined are necessary to pre-
seek a permit, approval, or other ac-
vent unreasonable risk of injury to
tion for a PCB waste management ac-
health or the environment.
tivity under any other Federal or State
(C) If the EPA Regional Adminis-
authority.
trator denies a request for a Coordi-
(i) The request for a TSCA PCB Co-
nated Approval under paragraphs
ordinated Approval shall include a
(a)(1)(ii)(A) or (a)(1)(ii)(B) of this sec-
copy of the letter from EPA announc-
tion, the person who requested the
ing or confirming the EPA identifica-
TSCA PCB Coordinated Approval may
tion number issued to the facility for
submit an application for a TSCA Dis-
conducting PCB activities; the name,
posal Approval.
organization, and telephone number of
the person who is the contact point for (2) The EPA Regional Administrator
the non-TSCA Federal or State waste may issue a notice of deficiency, re-
management authority; a copy of the voke the TSCA PCB Coordinated Ap-
relevant permit or waste management proval, require the person to whom the
document specified in paragraphs (b) TSCA PCB Coordinated Approval was
and (c) of this section, including all re- issued to submit an application for a
quirements, conditions, and limita- TSCA PCB approval, or bring an en-
tions, if the EPA Regional Adminis- forcement action under TSCA if he or
trator does not have a copy of the doc- she determines that:
ument, or a description of the waste (i) Conditions of the approval relat-
management activities to be conducted ing to PCB waste management activi-
if a permit or other relevant waste ties are not met.
management document has not been (ii) The PCB waste management
issued; and a certification that the per- process is being operated in a manner
son who owns or operates the facility is which may result in an unreasonable
aware of and will adhere to the TSCA risk of injury to health or the environ-
PCB reporting and recordkeeping re- ment.
quirements at subparts J and K of this (iii) The non-TSCA approval expires,
part. is revoked, is suspended, or otherwise
(ii) The EPA Regional Administrator ceases to be in full effect.
shall review the request for complete- (3) Any person with a TSCA PCB Co-
ness, for compliance with the require- ordinated Approval must notify the
ments of paragraphs (b) and (c) of this EPA Regional Administrator in writ-
section, and to ensure that the PCB ac- ing within 5 calendar days of changes
tivity for which approval is requested relating to PCB waste requirements in
783
§ 761.79 40 CFR Ch. I (7–1–10 Edition)
the non-TSCA waste management doc- storage requirements at §§ 761.65(a), (c),

ument which serves as the basis for a and (d)(2), as appropriate.
TSCA PCB Coordinated Approval. (4) Complies with the reporting and
Changes in the ownership of a commer- recordkeeping requirements in sub-
cial storage facility which holds a parts J and K of this part.
TSCA PCB Coordinated Approval shall (c) A person conducting research and
be handled pursuant to § 761.65(j). development (R&D) into PCB disposal
(b) Any person who owns or operates methods (regardless of PCB concentra-
a facility that he or she intends to use tion), or conducting PCB remediation
to landfill PCB wastes; incinerate PCB activities may apply for a TSCA PCB
wastes; dispose of PCB wastes using an Coordinated Approval. The EPA Re-
alternative disposal method that is gional Administrator may approve the
equivalent to disposal in an incinerator request if the EPA Regional Adminis-
approved under § 761.70 or a high effi- trator determines that the activity
ciency boiler operating in compliance will not pose an unreasonable risk of
with § 761.71; or stores PCB wastes may injury to health or the environment
apply for a TSCA PCB Coordinated Ap- and the person:
proval. The EPA Regional Adminis- (1)(i) Has a permit or other decision
trator may approve the request if the and enforcement document issued or
EPA Regional Administrator deter- otherwise agreed to by EPA, or permit
mines that the activity will not pose or other decision and enforcement doc-
an unreasonable risk of injury to ument issued by an authorized State
health or the environment and the per- Director for a State program that has
son: been approved by EPA, which exercises
(1)(i) Has a waste management per- control over the management of PCB
mit or other decision or enforcement wastes, and that person is in compli-
document which exercises control over ance with all terms and conditions of
PCB wastes, issued by EPA or an au- that document; or
thorized State Director for a State pro- (ii) Has a permit, which exercises
gram that has been approved by EPA control over the management of PCB
and is no less stringent in protection of wastes, issued by a State Director pur-
health or the environment than the ap- suant to a State PCB disposal program
plicable TSCA requirements found in no less stringent than the require-
this part; or ments in this part.
(ii) Has a PCB waste management (2) Complies with the terms and con-
permit or other decision or enforce- ditions of that permit or other decision
ment document issued by a State Di- and enforcement document.
rector pursuant to a State PCB waste (3) Complies with the reporting and
management program no less stringent recordkeeping requirements in sub-
in protection of health or the environ- parts J and K of this part.
ment than the applicable TSCA re- [63 FR 35456, June 29, 1998]
quirements found in this part; or
(iii) Is subject to a waste manage- § 761.79 Decontamination standards
ment permit or other decision or en- and procedures.
forcement document which is applica- (a) Applicability. This section estab-
ble to the disposal of PCBs and which lishes decontamination standards and
was issued through the promulgation procedures for removing PCBs, which
of a regulation published in Title 40 of are regulated for disposal, from water,
the Code of Federal Regulations. organic liquids, non-porous surfaces
(2) Complies with the terms and con- (including scrap metal from disassem-
ditions of the permit or other decision bled electrical equipment), concrete,
or enforcement document described in and non-porous surfaces covered with a
paragraph (b)(1) of this section. porous surface, such as paint or coat-
(3) Unless otherwise waived or modi- ing on metal.
fied in writing by the EPA Regional (1) Decontamination in accordance
Administrator, complies with with this section does not require a dis-
§ 761.75(b); § 761.70(a)(1) through (a)(9), posal approval under subpart D of this
(b)(1) and (b)(2), and (c); or the PCB part.
784
(2) Materials from which PCBs have ganic liquids containing PCBs is <2
been removed by decontamination in milligrams per kilogram (i.e., <2 ppm
accordance with this section may be PCBs).
distributed in commerce in accordance (3) The decontamination standard for
with § 761.20(c)(5). non-porous surfaces in contact with
(3) Materials from which PCBs have liquid and non-liquid PCBs is:
been removed by decontamination in (i) For unrestricted use:
accordance with this section may be (A) For non-porous surfaces pre-
used or reused in accordance with viously in contact with liquid PCBs at
§ 761.30(u). any concentration, where no free-flow-
(4) Materials from which PCBs have ing liquids are currently present, ≤10
been removed by decontamination in micrograms PCBs per 100 square centi-
accordance with this section, not in- meters (≤10 μg/100 cm2) as measured by
cluding decontamination waste and re- a standard wipe test (§ 761.123) at loca-
siduals under paragraph (g) of this sections selected in accordance with sub-
tion, are unregulated for disposal under part P of this part.
subpart D of this part. (B) For non-porous surfaces in con-
(5) Any person decontaminating po- tact with non-liquid PCBs (including
rous surfaces other than concrete non-porous surfaces covered with a po-
under paragraph (b)(4) of this section rous surface, such as paint or coating
and non-porous surfaces covered with a on metal), cleaning to Visual Standard
porous surface, such as paint or coat- No. 2, Near-White Blast Cleaned Sur-
ing on metal, under paragraph (b)(3) or face Finish, of the National Associa-
(c)(6) of this section must obtain an al- tion of Corrosion Engineers (NACE). A
ternative decontamination approval in person shall verify compliance with
accordance with paragraph (h) of this standard No. 2 by visually inspecting
section. all cleaned areas.
(6) Any person engaging in decon- (ii) For disposal in a smelter oper-
tamination under this section is re- ating in accordance with § 761.72(b):
sponsible for determining and com- (A) For non-porous surfaces pre-
plying with all other applicable Fed- viously in contact with liquid PCBs at
eral, State, and local laws and regula- any concentration, where no free-flow-
tions. ing liquids are currently present, <100
(b) Decontamination standards. Chop- μg/100 cm2 as measured by a standard
ping (including wire chopping), dis- wipe test (§ 761.123) at locations se-
tilling, filtering, oil/water separation, lected in accordance with subpart P of
spraying, soaking, wiping, stripping of this part.
insulation, scraping, scarification or (B) For non-porous surfaces in con-
the use of abrasives or solvents may be tact with non-liquid PCBs (including
used to remove or separate PCBs, to non-porous surfaces covered with a po-
the following standards, from liquids, rous surface, such as paint or coating
concrete, or non-porous surfaces. on metal), cleaning to Visual Standard
(1) The decontamination standard for No. 3, Commercial Blast Cleaned Sur-
water containing PCBs is: face Finish, of the National Associa-
(i) Less than 200 μg/L (i.e., <200 ppb tion of Corrosion Engineers (NACE). A
PCBs) for non-contact use in a closed person shall verify compliance with
system where there are no releases; standard No. 3 by visually inspecting
(ii) For water discharged to a treat- all cleaned areas.
ment works (as defined in § 503.9(aa) of (4) The decontamination standard for
this chapter) or to navigable waters, <3 concrete is ≤10 μg/100 cm2 as measured
μg/L (approximately <3 ppb) or a PCB by a standard wipe test (§ 761.123) if the
discharge limit included in a permit decontamination procedure is com-
issued under section 307(b) or 402 of the menced within 72 hours of the initial
Clean Water Act; or spill of PCBs to the concrete or portion
(iii) Less than or equal to 0.5 μg/L thereof being decontaminated.
(i.e., approximately ≤0.5 ppb PCBs) for (c) Self-implementing decontamination
unrestricted use. procedures. The following self-imple-
(2) The decontamination standard for menting decontamination procedures
organic liquids and non-aqueous inor- are available as an alternative to the
785
§ 761.79 40 CFR Ch. I (7–1–10 Edition)
measurement-based decontamination (up to 70 percent PCB in a mixture of

methods specified in paragraph (b) of trichlorobenzenes and
this section. Any person performing tetrachlorobenzenes) must do so as fol-
self-implementing decontamination lows:
must comply with one of the following (i) Drain the free-flowing MODEF or
procedures. askarel and allow the residual surfaces
(1) Any person decontaminating a to drain for an additional 15 hours.
PCB Container must do so by flushing (ii) Dispose of drained MODEF or
the internal surfaces of the container askarel according to paragraph (g) of
three times with a solvent containing this section.
<50 ppm PCBs. Each rinse shall use a (iii) Soak the surfaces to be decon-
volume of the flushing solvent equal to taminated in a sufficient amount of
approximately 10 percent of the PCB clean PODF (containing <2 ppm PCBs)
Container capacity. such that there is a minimum of 800 ml
(2) Any person decontaminating mov- of PODF for each 100 cm2 of contami-
able equipment contaminated by PCBs, nated or potentially contaminated sur-
tools, and sampling equipment may do face for at least 15 hours at ≥20 °C.
so by: (iv) Approved PODFs include:
(i) Swabbing surfaces that have con- (A) Kerosene.
tacted PCBs with a solvent; (B) Diesel fuel.
(ii) A double wash/rinse as defined in (C) Terpene hydrocarbons.
subpart S of this part; or (D) Mixtures of terpene hydrocarbons
(iii) Another applicable decontamina- and terpene alcohols.
tion procedure in this section. (v) Drain the PODF from the sur-
(3) Any person decontaminating a faces.
non-porous surface in contact with (vi) Dispose of the drained PODF in
free-flowing mineral oil dielectric fluid accordance with paragraph (g) of this
(MODEF) at levels ≤10,000 ppm PCBs section.
must do so as follows: (vii) Resoak the surfaces to be decon-
(i) Drain the free-flowing MODEF and taminated, pursuant to paragraph
allow the residual surfaces to drain for (c)(3)(iii) of this section, in a sufficient
an additional 15 hours. amount of clean PODF (containing <2
(ii) Dispose of drained MODEF ac- ppm PCBs) such that there is a min-
cording to paragraph (g) of this sec- imum of 800 ml of PODF for each 100
tion. cm2 of surface for at least 15 hours at
(iii) Soak the surfaces to be decon- ≥20 °C.
taminated in a sufficient amount of (viii) Drain the PODF from the sur-
clean (containing <2 ppm PCBs) per- faces.
formance-based organic decontamina- (ix) Dispose of the drained PODF in
tion fluid (PODF) such that there is a accordance with paragraph (g) of this
minimum of 800 ml of PODF for each section.
100 cm2 of contaminated or potentially (5) Any person decontaminating pip-
contaminated surface for at least 15 ing and air lines in an air compressor
hours at ≥20 °C. system must do so as follows:
(iv) Approved PODFs include: (i) Before decontamination proceeds,
(A) Kerosene. disconnect or bypass the air compres-
(B) Diesel fuel. sors and air dryers from the piping and
(C) Terpene hydrocarbons. air lines and decontaminate the air
(D) Mixtures of terpene hydrocarbons compressors and air dryers separately
and terpene alcohols. in accordance with paragraphs (b),
(v) Drain the PODF from the sur- (c)(1) through (c)(4), or (c)(6) of this
faces. section. Dispose of filter media and
(vi) Dispose of the drained PODF in desiccant in the air dyers based on
accordance with paragraph (g) of this their existing PCB concentration.
section. (ii) Test the connecting line and ap-
(4) Any person decontaminating a purtenances of the system to assure
non-porous surface in contact with that there is no leakage. Test by intro-
free-flowing MODEF containing >10,000 ducing air into the closed system at
ppm PCB in MODEF or askarel PCB from 90 to 100 pounds per square inch
786
(psi). Only if there is a pressure drop of nated with MODEF or other PCB liq-
<5 psi in 30 minutes may decontamina- uids, in accordance with the self-imple-
tion take place. menting procedures found in subpart T
(iii) When there is no leakage, fill the of this part. Specific conditions for the
piping and air lines with clean (con- performance-based testing from this
taining <2 ppm PCBs) solvent. Solvents validation are determined in the vali-
include PODF, aqueous potassium hy- dation study.
droxide at a pH between 9 and 12, or (e) Limitation of exposure and control
water containing 5 percent sodium hy- of releases. (1) Any person conducting
droxide by weight. decontamination activities under this
(iv) Circulate the solvent to achieve section shall take necessary measures
turbulent flow through the piping and to protect against direct release of
air lines in the air compressor system PCBs to the environment from the de-
until the total volume of solvent cir- contamination area.
culated equals 10 times the total vol- (2) Persons participating in decon-
ume of the particular article being de- tamination activities shall wear or use
contaminated, then drain the solvent. protective clothing or equipment to
Calculate the total volume of solvent protect against dermal contact or inha-
circulated by multiplying the pump lation of PCBs or materials containing
rate by the time of pumping. Turbulent PCBs.
flow means a Reynolds number range (f) Sampling and recordkeeping. (1)
from 20,000 to 43,000. Refill the system Confirmatory sampling is required
with clean solvent and repeat the cir- under paragraph (b) of this section. For
culation and drain process. liquids described in paragraphs (b)(1)
(6) Any person using thermal proc- and (b)(2) of this section, sample in ac-
esses to decontaminate metal surfaces cordance with §§ 761.269 and 761.272. For
in contact with PCBs, as required by non-porous surfaces and concrete de-
§ 761.62(a)(6), must use one of the fol- scribed in paragraphs (b)(3) and (b)(4) of
lowing options: this section, sample in accordance with
(i) Surfaces in contact with liquid subpart P of this part. A written record
and non-liquid PCBs at concentrations of such sampling must be established
<500 ppm may be decontaminated in a and maintained for 3 years from the
scrap metal recovery oven or smelter date of any decontamination under this
for purposes of disposal in accordance section. The record must show sam-
with § 761.72. pling locations and analytical results
(ii) Surfaces in contact with liquid or and must be retained at the site of the
non-liquid PCBs at concentrations ≥500 decontamination or a copy of the
ppm may be smelted in a smelter oper- record must be made available to EPA
ating in accordance with § 761.72(b), but in a timely manner, if requested. In ad-
must first be decontaminated in ac- dition, recordkeeping is required in ac-
cordance with § 761.72(a) or to a surface cordance with § 761.180(a) for all wastes
concentration of <100 μg/100 cm2. generated by a decontamination proc-
(d) Decontamination solvents. (1) Un- ess and regulated for disposal under
less otherwise provided in paragraphs this subpart.
(c)(3) through (c)(5) of this section, the (2) Confirmatory sampling is not re-
solubility of PCBs in any solvent used quired for self-implementing decon-
for purposes of decontamination under tamination procedures under para-
this section must be 5 percent or more graph (c) of this section. Any person
by weight. using these procedures must retain a
(2) The solvent may be reused for de- written record documenting compli-
contamination so long as its PCB con- ance with the procedures for 3 years
centration is <50 ppm. after completion of the decontamina-
(3) Solvent shall be disposed of under tion procedures (e.g., video recordings,
paragraph (g) of this section. photographs).
(4) Other than as allowed in para- (g) Decontamination waste and resi-
graphs (c)(3) and (c)(4) of this section, dues. Decontamination waste and resi-
solvents may be tested and validated dues shall be disposed of at their exist-
for performance-based decontamina- ing PCB concentration unless other-
tion of non-porous surfaces contami- wise specified.
787
§ 761.79 40 CFR Ch. I (7–1–10 Edition)
(1) Distillation bottoms or residues capable of decontaminating the mate-

and filter media are regulated for dis- rial to the applicable level set out in
posal as PCB remediation waste. paragraphs (b)(1) through (b)(4) of this
(2) PCBs physically separated from section.
regulated waste during decontamina- (2) Any person wishing to decontami-
tion (such as by chopping, shredding, nate material described in paragraph
scraping, abrading or oil/water separa- (a) of this section using a self-imple-
tion, as opposed to solvent rinsing and menting procedure other than pre-
soaking), other than wastes described scribed in paragraph (c) of this section
in paragraph (g)(1) of this section, are must apply in writing to the Regional
regulated for disposal at their original Administrator in the Region where the
concentration. activity would take place, for decon-
(3) Hydrocarbon solvent used or re-
tamination activity occurring in a sin-
used for decontamination under this
gle EPA Region; or to the Director, Of-
section that contains <50 ppm PCB
fice of Resource Conservation and Re-
must be burned and marketed in ac-
covery, for decontamination activity
cordance with the requirements for
used oil in § 761.20(e), disposed of in ac- occurring in more than one EPA Re-
cordance with § 761.60(a) or (e), or de- gion. Each application must describe
contaminated pursuant to this section. the material to be decontaminated and
(4) Chlorinated solvent at any PCB the proposed self-implementing decon-
concentration used for decontamina- tamination method and must include a
tion under this section shall be dis- proposed validation study to confirm
posed of in an incinerator operating in performance of the method.
compliance with § 761.70, or decontami- (3) Any person wishing to sample de-
nated pursuant to this section. contaminated material in a manner
(5) Solvents ≥50 ppm other than those other than prescribed in paragraph (f)
described in paragraphs (g)(3) and (g)(4) of this section must apply in writing to
of this section shall be disposed of in the Regional Administrator in the Re-
accordance with § 761.60(a) or decon- gion where the activity would take
taminated pursuant to this section. place, for decontamination activity oc-
(6) Non-liquid cleaning materials and curring in a single EPA Region; or to
personal protective equipment waste at the Director, Office of Resource Con-
any concentration, including non-po- servation and Recovery, for decon-
rous surfaces and other non-liquid ma- tamination activity occurring in more
terials such as rags, gloves, booties, than one EPA Region. Each application
other disposable personal protective must contain a description of the ma-
equipment, and similar materials re- terial to be decontaminated, the nature
sulting from decontamination shall be and PCB concentration of the contami-
disposed of in accordance with nating material (if known), the decon-
§ 761.61(a)(5)(v). tamination method, the proposed sam-
(h) Alternative decontamination or sam-
pling procedure, and a justification for
pling approval. (1) Any person wishing
how the proposed sampling is equiva-
to decontaminate material described in
lent to or more comprehensive than
paragraph (a) of this section in a man-
the sampling procedure required under
ner other than prescribed in paragraph
(b) of this section must apply in writ- paragraph (f) of this section.
ing to the Regional Administrator in (4) EPA may request additional infor-
the Region where the activity would mation that it believes necessary to
take place, for decontamination activ- evaluate the application.
ity occurring in a single EPA Region; (5) EPA will issue a written decision
or to the Director, Office of Resource on each application for risk-based de-
Conservation and Recovery, for decon- contamination or sampling. No person
tamination activity occurring in more may conduct decontamination or sam-
than one EPA Region. Each application pling under this paragraph prior to ob-
must describe the material to be de- taining written approval from EPA.
contaminated and the proposed decon- EPA will approve an application if it
tamination method, and must dem- finds that the proposed decontamina-
onstrate that the proposed method is tion or sampling method will not pose
788
an unreasonable risk of injury to (iv) Unison annually notifies and de-

health or the environment. scribes to EPA its attempts to have
samples analyzed abroad.
FR 33761, June 24, 1999; 72 FR 57240, Oct. 9, (2) [Reserved]
2007; 74 FR 30233, June 25, 2009] (e) The Administrator grants a class
exemption to all research and develop-
Subpart E—Exemptions ment (R&D) facilities for a period of 1
year to manufacture or import PCBs
§ 761.80 Manufacturing, processing for use solely in the manufacturer or
and distribution in commerce ex- importer’s own research for the devel-
emptions. opment of PCB disposal technologies.
(a) The Administrator grants the fol- Each person that wishes to be part of
lowing petitioner(s) an exemption for 1 the exemption must meet the following
year to process and distribute in com- conditions:
merce PCBs for use as a mounting me- (1) A petition for an exemption from
dium in microscopy: the PCB prohibition on manufacturing
(1) McCrone Accessories Components, PCBs must be received by EPA 60 days
Division of Walter C. McCrone Associ- prior to engaging in these activities.
ates, Inc., 2820 South Michigan Avenue, (2) Requests for renewal must be filed
Chicago, IL. 60616. pursuant to § 750.11 of this chapter.
(2) [Reserved] EPA will deem any properly filed re-
(b) The Administrator grants the fol- quest for the renewal of the exemption
lowing petitioner(s) an exemption for 1 by any member of the class as a re-
year to process and distribute in com- newal request for the entire class.
merce PCBs for use as a mounting me- (3) The quantity of the PCBs manu-
dium in microscopy, an immersion oil factured annually must not exceed 500
in low fluorescence microscopy and an grams by total weight of pure PCBs.
optical liquid: Any person who wishes to manufacture
(1) R.P. Cargille Laboratories, Inc., 55 or import more than 500 grams of PCBs
Commerce Road, Cedar Grove, N.J. in 1 year must receive written approval
07009. from the Director, National Program
(2) [Reserved] Chemicals Division to exceed the limi-
(c) The Administrator grants the fol- tations established by this provision.
lowing petitioner(s) an exemption for 1 The Director, National Program
year to export PCBs for use in small Chemicals Division may grant approval
quantities for research and develop- without further rulemaking. Any in-
ment: crease granted will be in writing and
(1) Accu-Standard, New Haven, CT. will extend only for a maximum of the
06503. time remaining in a specific exemption
(2) ManTech, Research Triangle year.
Park, NC 27709. (4) The owner or operator of the facil-
(d) The Administrator grants the fol- ity must notify the EPA Regional Ad-
lowing petitioner(s) an exemption for 1 ministrator in writing 30 days prior to
year to import (manufacture) into the the commencement of R&D activities
United States, small quantities of ex- that include the manufacture or im-
isting PCB fluids from electrical equip- port of PCBs under the exemption, un-
ment for analysis: less the facility has obtained a PCB
(1) Unison Transformer Services, R&D approval from EPA pursuant to
Inc., Tarrytown, N.Y. 10591, provided § 761.60(e), § 761.60(i)(2), § 761.70(a), or
each of the following conditions are § 761.70(b) and the approval contains a
met: provision allowing the manufacture of
(i) The samples must be shipped in 5.0 PCBs.
ml or less, hermetically sealed vials. (5) Records are maintained of their
(ii) The exemption is limited to no PCB activities for a period of 3 years
more than 250 total samples per year. after ceasing operations. The records
(iii) Unison makes quarterly inspec- must include the sources and the an-
tions of its laboratories to ensure that nual amounts of PCBs received if im-
proper safety procedures are being fol- ported and the type and annual amount
lowed. of PCBs that were manufactured.
789
§ 761.80 40 CFR Ch. I (7–1–10 Edition)
(6) All PCBs and materials con- PCB waste material, provided the PCBs
taining PCBs, regardless of concentra- are manufactured, imported, processed,
tion, remaining from the disposal-re- distributed in commerce, or exported
lated studies must be disposed of ac- solely for the purpose of R&D and the
cording to § 761.60(j)(1)(vi), or decon- following conditions are met:
taminated pursuant to § 761.79, based on (1) Notification in the form of a peti-
the original PCB concentration. tion for an exemption from the PCB
(f) The Administrator grants the fol- prohibitions on manufacture, import,
lowing petitioner(s) an exemption for 1 processing, distribution in commerce,
year to manufacture PCBs for use in or export is received by EPA 60 days
small quantities for research and de- prior to engaging in these activities.
velopment: (2) Requests for renewal are filed pur-
(1) California Bionuclear Corp., Sun suant to §§ 750.11 and 750.31 of this chap-
Valley, CA 91352 (ME–13). ter. EPA will deem any properly filed
(2) Foxboro Co., North Haven, CT request for the renewal of the exemp-
06473 (ME–6). tion by any member of the class as a
(3) ULTRA-Scientific, Inc.,Hope, RI renewal request for the entire class.
02831 (ME–99.1). (3) The PCBs are packaged in one or
(4) Midwest Research Institute, Kan- more hermetically sealed containers of
sas City, MO 64110 (ME–70.1). a volume of no more than 5.0 ml each.
(5) Pathfinder Laboratories, St. Analytical reference samples derived
Louis, MO 63146 (A division of Sigma from PCB waste material may be pack-
Aldridge Corporation, St. Louis, MO, aged in a container larger than 5.0 ml
63178 (ME–76). when packaged pursuant to applicable
(6) Radian Corp., Austin, TX 78766 DOT performance standards.
(ME–81.2). (4) The quantity of PCBs manufac-
(7) Wellington Sciences USA, College tured, imported, processed, distributed
Station, TX 77840 (ME–104.1). in commerce, or exported annually
(8) Accu-Standard, 25 Science Park, must not exceed 500 grams by total
New Haven, CT. 06503. weight of pure PCBs. Any person who
(g) The Administrator grants a class expects to manufacture, import, proc-
exemption to all processors and dis- ess, distribute in commerce, or export
tributors of PCBs in small quantities more than 500 grams of PCBs in 1 year
for research and development provided or to exceed the 5.0 ml packaging re-
that the following conditions are met: quirement must obtain a written ap-
(1) All processors and distributors proval from the Director, National Pro-
must maintain records of their PCB ac- gram Chemicals Division and must
tivities for a period of 5 years. identify the sites of PCB activities and
(2) Any person or company which ex- the quantity of PCBs to be manufac-
pects to process or distribute in com- tured, imported, processed, distributed
merce 100 grams (.22 lb) or more PCBs in commerce, or exported. Each request
in 1 year must report to EPA identi- must include a justification. The Di-
fying the sites of PCB activities and rector, National Program Chemicals
the quantity of PCBs to be processed or Division, may grant approval without
distributed in commerce. further rulemaking. Any increase
(h) The Administrator grants the fol- granted will be in writing and will ex-
lowing petitioners an exemption for 1 tend only for a maximum of the time
year to process and distribute in com- remaining in a specific exemption year.
merce PCBs for analytical reference (5) All treated and untreated PCB
samples derived from actual waste ma- regulated material and material com-
terials: ing into contact with regulated mate-
(1) R.T. Corporation, Laramie, WY rial must be stored and disposed of ac-
82070. cording to subpart D of this part, or de-
(2) [Reserved] contaminated pursuant to § 761.79.
(i) The Administrator grants a class (6) All PCB materials must be dis-
exemption to all persons who manufac- tributed in DOT-authorized packaging.
ture, import, process, distribute in (7) Records are maintained of their
commerce, or export PCBs, or analyt- PCB activities for a period of 3 years
ical reference samples derived from after ceasing operations. The records
790
must include the sources and the an- (o) The 1–year class exemption grant-
nual amounts of PCBs received if im- ed to all processors and distributors of
ported, the annual amount of PCBs PCBs in small quantities for research
that were manufactured, the annual and development in paragraph (g) of
amount of PCBs that were processed this section shall be renewed automati-
and/or distributed in commerce (to in- cally unless information is submitted
clude export), and the persons to whom affecting EPA’s conclusion that the
the PCBs were shipped. class exemption, or the activities of
(j) The Administrator grants the any individual or company included in
United States Defense Logistics Agen- the exemption, will not pose an unrea-
cy’s July 21, 2005 petition for an exemp- sonable risk of injury to health or the
tion for 1 year to import 1,328,482
environment. EPA will evaluate the in-
pounds of PCBs and PCB items stored
formation, issue a proposed rule for
or in use in Japan as identified in its
petition, as amended, for disposal. public comment, and issue a final rule
(k)–(l) [Reserved] affecting the class exemption or indi-
(m) The Administrator grants the viduals or companies included in the
following petitioner(s) an exemption class exemption. Until EPA issues a
for 1 year to process and export small final rule, individuals and companies
quantities of PCBs for research and de- included in the class exemption will be
velopment: allowed to continue processing and dis-
(1) Chem Service, Inc., West Chester, tributing PCBs in small quantities for
PA 19380 (PDE–41). research and development.
(2) Foxboro Co., North Haven, CT
[55 FR 38999, Sept. 24, 1990, as amended at 59
06473 (ME–6). FR 16998, Apr. 11, 1994; 63 FR 35460, June 29,
(3) PolyScience Corp., Niles, IL 60648 1998; 68 FR 4941, Jan. 31, 2003; 72 FR 53158,
(PDE–178). Sept. 18, 2007]
(4) ULTRA-Scientific, Inc., Hope, RI
02831 (PDE–282.1).
(5) Supelco, Inc., Bellefonte, PA Subpart F—Transboundary
16823–0048 (PDE–41.2). Shipments of PCBs for Disposal
(6) Radian Corp., Austin, TX 78766
(PDE–182.1). SOURCE: 61 FR 11107, Mar. 18, 1996, unless
(7) Restek Corporation, Bellefonte, otherwise noted.
PA
(n) The 1–year exemption granted to § 761.91 Applicability.
petitioners in paragraphs (a) through This subpart establishes require-
(c)(1), (d), (f), and (m)(1) through (m)(6) ments under section 6 of TSCA applica-
of this section shall be renewed auto- ble to the transboundary shipments of
matically as long as there is no in- PCBs and PCB Items into and out of
crease in the amount of PCBs to be the United States for disposal. Nothing
processed and distributed, imported
in this subpart is intended to obviate
(manufactured), or exported, nor any
or otherwise alter obligations applica-
change in the manner of processing and
distributing, importing (manufac- ble to imported or exported PCBs and
turing), or exporting of PCBs. If there PCB Items under foreign laws, inter-
is such a change, a new exemption peti- national agreements or arrangements,
tion must be submitted to EPA and it other United States statutes and regu-
will be addressed through an exemption lations, other sections of TSCA (e.g.,
rulemaking. In such a case, the activi- sections 13 and 14), or laws of the var-
ties granted under the existing exemp- ious States of the United States. No
tion may continue until the new peti- provision of this section shall be con-
tion is addressed by rulemaking, but strued to affect or limit the applica-
must conform to the terms of the exist- bility of any requirement applicable to
ing exemption approved by EPA. The 1– transporters of PCB waste under regu-
year exemption granted to petitioners lations issued by the U.S. Department
in paragraphs (c)(2), (h) and (m)(7) of of Transportation (DOT) and set forth
this section may be extended pursuant at 49 CFR parts 171-180.
to 40 CFR 750.11(e) or 750.31(e).
791
§ 761.93 40 CFR Ch. I (7–1–10 Edition)
§ 761.93 Import for disposal. Subpart G—PCB Spill Cleanup

(a) General provisions. No person may Policy
import PCBs or PCB Items for disposal
without an exemption issued under the SOURCE: 52 FR 10705, Apr. 2, 1987, unless
authority of TSCA section 6(e)(3). otherwise noted.
(b) [Reserved]
§ 761.120 Scope.
[63 FR 35460, June 29, 1998]
(a) General. This policy establishes
§ 761.97 Export for disposal. criteria EPA will use to determine the
adequacy of the cleanup of spills re-
(a) General provisions. No person sulting from the release of materials
may export PCBs or PCB Items for dis- containing PCBs at concentrations of
posal without an exemption, except 50 ppm or greater. The policy applies to
that: spills which occur after May 4, 1987.
(1) PCBs and PCB Items at con- (1) Existing spills (spills which oc-
centrations <50 ppm (or <10 μg PCB/100 curred prior to May 4, 1987, are ex-
cm2 if no free-flowing liquids are cluded from the scope of this policy for
present) may be exported for disposal. two reasons:
(2) For the purposes of this section, (i) For old spills which have already
PCBs and PCB Items of unknown con- been discovered, this policy is not in-
centrations shall be treated as if they tended to require additional cleanup
contain ≥50 ppm. where a party has already cleaned a
(b) [Reserved] spill in accordance with requirements
[61 FR 11107, Mar. 18, 1996, as amended at 63 imposed by EPA through its regional
FR 35460, June 29, 1998] offices, nor is this policy intended to
interfere with ongoing litigation of en-
§ 761.99 Other transboundary ship- forcement actions which bring into
ments. issue PCB spills cleanup.
For purposes of this subpart, the fol- (ii) EPA recognizes that old spills
lowing transboundary shipments are which are discovered after the effective
not considered exports or imports: date of this policy will require site-by-
site evaluation because of the likeli-
(a) PCB waste generated in the
hood that the site involves more perva-
United States, transported outside the
sive PCB contamination than fresh
Customs Territory of the United States
spills and because old spills are gen-
(including any residuals resulting from
erally more difficult to clean up than
cleanup of spills of such wastes in tran-
fresh spills (particularly on porous sur-
sit) through another country or its ter-
faces such as concrete). Therefore,
ritorial waters, or through inter-
spills which occurred before the effec-
national waters, and returned to the
tive date of this policy are to be decon-
United States for disposal.
taminated to requirements established
(b) PCB waste in transit, including
at the discretion of EPA, usually
any residuals resulting from cleanup of
through its regional offices.
spills during transit, through the
(2) EPA expects most PCB spills sub-
United States (e.g., from Mexico to
ject to the TSCA PCB regulations to
Canada, from Canada to Mexico).
conform to the typical spill situations
(c) PCB waste transported from any considered in developing this policy.
State to any other State for disposal, This policy does, however, exclude
regardless of whether the waste enters from application of the final numerical
or leaves the customs territory of the cleanup standards certain spill situa-
United States, provided that the PCB tions from its scope: Spills directly
waste or the PCBs from which the into surface waters, drinking water,
waste was derived were present in the sewers, grazing lands, and vegetable
United States on January 1, 1979, and gardens. These types of spills are sub-
have remained within the United ject to final cleanup standards to be es-
States since that date. tablished at the discretion of the re-
[63 FR 35461, June 29, 1998, as amended at 66 gional office. These spills are, however,
FR 17478, Mar. 30, 2001] subject to the immediate notification
792
requirements and measures to mini- (1) For example, site-specific charac-

mize further environmental contami- teristics, such as short depth to ground
nation. water, type of soil, or the presence of a
(3) For all other spills, EPA generally shallow well, may pose exceptionally
expects the decontamination standards high potential for ground water con-
of this policy to apply. Occasionally, tamination by PCBs remaining after
some small percentage of spills covered cleanup to the standards specified in
by this policy may warrant more strin- this policy. Spills that pose such a high
gent cleanup requirements because of degree of potential for ground water
additional routes of exposure or signifi- contamination have not been excluded
cantly greater exposures than those as- from the policy under paragraph (d) of
sumed in developing the final cleanup this section because the presence of
standards of this policy. While the EPA such potential may not be readily ap-
regional offices have the authority to parent. EPA feels that automatically
require additional cleanup in these cir- excluding such spills from the scope of
cumstances, the Regional Adminis- the policy could result in the delay of
trator must first make a finding based cleanup—a particularly undesirable
on the specific facts of a spill that ad- outcome if potential ground water con-
ditional cleanup must occur to prevent tamination is, in fact, a significant
unreasonable risk. In addition, before a concern.
final decision is made to require addi- (2) In those situations, the Regional
tional cleanup, the Regional Adminis- Administrator may require cleanup in
trator must notify the Director, Office addition to that required under
of Resource Conservation and Recovery § 761.125(b) and (c). However, the Re-
of his/her finding and the basis for the gional Administrator must first make
finding. a finding, based on the specific facts of
(4) There may also be exceptional a spill, that additional cleanup is nec-
spill situations that requires less strin- essary to prevent unreasonable risk. In
gent cleanup or a different approach to addition, before making a final deci-
cleanup because of factors associated sion on additional cleanup, the Re-
with the particular spill. These factors gional Administrator must notify the
may mitigate expected exposures and Director, Office of Resource Conserva-
risks or make cleanup to these require- tion and Recovery of his finding and
ments impracticable. the basis for the finding.
(b) Spills that may require more strin- (c) Flexibility to allow less stringent or
gent cleanup levels. For spills within the alternative requirements. EPA retains
scope of this policy, EPA generally re- the flexibility to allow less stringent or
tains, under § 761.135, the authority to alternative decontamination measures
require additional cleanup upon finding based upon site-specific considerations.
that, despite good faith efforts by the EPA will exercise this flexibility if the
responsible party, the numerical de- responsible party demonstrates that
contamination levels in the policy cleanup to the numerical decontamina-
have not been met. In addition, EPA tion levels is clearly unwarranted be-
foresees the possibility of exceptional cause of risk-mitigating factors, that
spill situations in which site-specific compliance with the procedural re-
risk factors may warrant additional quirements or numerical standards in
cleanup to more stringent numerical the policy is impracticable at a par-
decontamination levels than are re- ticular site, or that site-specific char-
quired by the policy. In these situa- acteristics make the costs of cleanup
tions, the Regional Administrator has prohibitive. The Regional Adminis-
the authority to require cleanup to lev- trator will notify the Director, Office
els lower than those included in this of Resource Conservation and Recovery
policy upon finding that further clean- of any decision and the basis for the de-
up must occur to prevent unreasonable cision to allow less stringent cleanup.
risk. The Regional Administrator will The purpose of this notification is to
consult with the Director, Office of Re- enable the Director, Office of Resource
source Conservation and Recovery, Conservation and Recovery to ensure
prior to making such a finding. consistency of spill cleanup standards
793
§ 761.123 40 CFR Ch. I (7–1–10 Edition)
under special circumstances across the ronmental Response Compensation and

regions. Liability Act of 1980 (CERCLA) as
(d) Excluded spills. (1) Although the amended by the Superfund Amend-
spill situations in paragraphs (d)(2) (i) ments and Reauthorization Act
through (vi) of this section are ex- (SARA). Where more than one require-
cluded from the automatic application ment applies, the stricter standard
of final decontamination standards must be met.
under § 761.125 (b) and (c), the general (2) The Agency recognizes that the
requirements under § 761.125(a) do apply existence of this policy will inevitably
to these spills. In addition, all of these result in attempts to apply the stand-
excluded situations require prac- ards to situations within the scope of
ticable, immediate actions to contain other statutory authorities. However,
the area of contamination. While these other statutes require the Agency to
situations may not always require consider different or alternative fac-
more stringent cleanup measures, the tors in determining appropriate correc-
Agency is excluding these scenarios be- tive actions. In addition, the types and
cause they will always involve signifi- magnitudes of exposures associated
cant factors that may not be ade- with sites requiring corrective action
quately addressed by cleanup standards under other statutes often involve im-
based upon typical spill characteris- portant differences from those ex-
tics. pected of the typical, electrical equip-
(2) For the spill situations in para- ment-type spills considered in devel-
graphs (d)(2)(i) through (vi) of this sec- oping this policy. Thus, cleanups under
tion, the responsible party shall decon- other statutes, such as RCRA correc-
taminate the spill in accordance with tive actions or remedial and response
site-specific requirements established actions under SARA may result in dif-
by the EPA regional offices. ferent outcomes.
(i) Spills that result in the direct
contamination of surface waters (sur- [52 FR 10705, Apr. 2, 1987, as amended at 72
face waters include, but are not limited FR 57241, Oct. 9, 2007; 74 FR 30234, June 25,
to, ‘‘waters of the United States’’ as 2009]
defined in part 122 of this chapter,
§ 761.123 Definitions.
ponds, lagoons, wetlands, and storage
reservoirs). For purposes of this policy, certain
(ii) Spills that result in the direct words and phrases are used to denote
contamination of sewers or sewage specific materials, procedures, or cir-
treatment systems. cumstances. The following definitions
(iii) Spills that result in the direct are provided for purposes of clarity and
contamination of any private or public are not to be taken as exhaustive lists
drinking water sources or distribution of situations and materials covered by
systems. the policy.
(iv) Spills which migrate to and con- Double wash/rinse means a minimum
taminate surface waters, sewers, or requirement to cleanse solid surfaces
drinking water supplies before cleanup (both impervious and nonimpervious)
has been completed in accordance with two times with an appropriate solvent
this policy. or other material in which PCBs are at
(v) Spills that contaminate animal least 5 percent soluble (by weight). A
grazing lands. volume of PCB-free fluid sufficient to
(vi) Spills that contaminate vege- cover the contaminated surface com-
table gradens. pletely must be used in each wash/
(e) Relationship of policy to other stat- rinse. The wash/rinse requirement does
utes. (1) This policy does not affect not mean the mere spreading of solvent
cleanup standards or requirements for or other fluid over the surface, nor does
the reporting of spills imposed, or to be the requirement mean a once-over wipe
imposed, under other Federal statutory with a soaked cloth. Precautions must
authorities, including but not limited be taken to contain any runoff result-
to, the Clean Water Act (CWA), the Re- ing from the cleansing and to dispose
source Conservation and Recovery Act properly of wastes generated during
(RCRA), and the Comprehensive Envi- the cleansing.
794
High-concentration PCBs means PCBs Nonimpervious solid surfaces means

that contain 500 ppm or greater PCBs, solid surfaces which are porous and are
or those materials which EPA requires more likely to absorb spilled PCBs
to be assumed to contain 500 ppm or prior to completion of the cleanup re-
greater PCBs in the absence of testing. quirements prescribed in this policy.
High-contact industrial surface means Nonimpervious solid surfaces include,
a surface in an industrial setting which but are not limited to, wood, concrete,
is repeatedly touched, often for rel- asphalt, and plasterboard.
atively long periods of time. Manned Nonrestricted access areas means any
machinery and control panels are ex- area other than restricted access, out-
amples of high-contact industrial sur- door electrical substations, and other
faces. High-contact industrial surfaces restricted access locations, as defined
are generally of impervious solid mate- in this section. In addition to residen-
rial. Examples of low-contact indus- tial/commercial areas, these areas in-
trial surfaces include ceilings, walls, clude unrestricted access rural areas
floors, roofs, roadways and sidewalks (areas of low density development and
in the industrial area, utility poles, un- population where access is uncon-
manned machinery, concrete pads be- trolled by either man-made barriers or
neath electrical equipment, curbing, naturally occurring barriers, such as
exterior structural building compo- rough terrain, mountains, or cliffs).
nents, indoor vaults, and pipes. Other restricted access (nonsubstation)
High-contact residential/commercial sur- locations means areas other than elec-
face means a surface in a residential/ trical substations that are at least 0.1
commercial area which is repeatedly kilometer (km) from a residential/com-
touched, often for relatively long peri- mercial area and limited by man-made
ods of time. Doors, wall areas below 6 barriers (e.g., fences and walls) to sub-
feet in height, uncovered flooring, stantially limited by naturally occur-
windowsills, fencing, bannisters, stairs, ring barriers such as mountains, cliffs,
automobiles, and children’s play areas or rough terrain. These areas generally
such as outdoor patios and sidewalks include industrial facilities and ex-
are examples of high-contact residen- tremely remote rural locations. (Areas
tial/commercial surfaces. Examples of where access is restricted but are less
low-contact residential/commercial than 0.1 km from a residential/commer-
surfaces include interior ceilings, inte- cial area are considered to be residen-
rior wall areas above 6 feet in height, tial/commercial areas.)
roofs, asphalt roadways, concrete road- Outdoor electrical substations means
ways, wooden utility poles, unmanned outdoor, fenced-off, and restricted ac-
machinery, concrete pads beneath elec- cess areas used in the transmission
trical equipment, curbing, exterior and/or distribution of electrical power
structural building components (e.g., Outdoor electrical substations restrict
aluminum/vinyl siding, cinder block, public access by being fenced or walled
asphalt tiles), and pipes. off as defined under § 761.30(l)(1)(ii). For
Impervious solid surfaces means solid purposes of this TSCA policy, outdoor
surfaces which are nonporous and thus electrical substations are defined as
unlikely to absorb spilled PCBs within being located at least 0.1 km from a
the short period of time required for residential/commercial area. Outdoor
cleanup of spills under this policy. Im- fenced-off and restricted access areas
pervious solid surfaces include, but are used in the transmission and/or dis-
not limited to, metals, glass, alu- tribution of electrical power which are
minum siding, and enameled or lami- located less than 0.1. km from a resi-
nated surfaces. dential/commercial area are considered
Low-concentration PCBs means PCBs to be residential/commercial areas.
that are tested and found to contain PCBs means polychlorinated
less than 500 ppm PCBs, or those PCB- biphenyls as defined under § 761.3. As
containing materials which EPA re- specified under § 761.1(b), no require-
quires to be assumed to be at con- ments may be avoided through dilution
centrations below 500 ppm (i.e., untest- of the PCB concentration.
ed mineral oil dielectric fluid). Requirements and standards means:
795
§ 761.125 40 CFR Ch. I (7–1–10 Edition)
(1) ‘‘Requirements’’ as used in this or on which visible traces of the spilled

policy refers to both the procedural re- material are observed is included in
sponses and numerical decontamina- the spill area. This area represents the
tion levels set forth in this policy as minimum area assumed to be contami-
constituting adequate cleanup of PCBs. nated by PCBs in the absence of
(2) ‘‘Standards’’ refers to the numer- precleanup sampling data and is thus
ical decontamination levels set forth in the minimum area which must be
this policy. cleaned.
Residential/commercial areas means Spill boundaries means the actual
those areas where people live or reside, area of contamination as determined
or where people work in other than by postcleanup verification sampling
manufacturing or farming industries. or by precleanup sampling to deter-
Residential areas include housing and mine actual spill boundaries. EPA can
the property on which housing is lo- require additional cleanup when nec-
cated, as well as playgrounds, road- essary to decontaminate all areas with-
ways, sidewalks, parks, and other simi- in the spill boundaries to the levels re-
lar areas within a residential commu- quired in this policy (e.g., additional
nity. Commercial areas are typically cleanup will be required if postcleanup
accessible to both members of the gen- sampling indicates that the area decon-
eral public and employees and include taminated by the responsible party,
public assembly properties, institu- such as the spill area as defined in this
tional properties, stores, office build- section, did not encompass the actual
ings, and transportation centers. boundaries of PCB contamination).
Responsible party means the owner of Standard wipe test means, for spills of
the PCB equipment, facility, or other high-concentration PCBs on solid sur-
source of PCBs or his/her designated faces, a cleanup to numerical surface
agent (e.g., a facility manager or fore- standards and sampling by a standard
man). wipe test to verify that the numerical
Soil means all vegetation, soils and standards have been met. This defini-
other ground media, including but not tion constitutes the minimum require-
limited to, sand, grass, gravel, and oys- ments for an appropriate wipe testing
ter shells. It does not include concrete protocol. A standard-size template (10
and asphalt. centimeters (cm) × 10 cm) will be used
Spill means both intentional and un- to delineate the area of cleanup; the
intentional spills, leaks, and other un- wiping medium will be a gauze pad or
controlled discharges where the release glass wool of known size which has
results in any quantity of PCBs run- been saturated with hexane. It is im-
ning off or about to run off the exter- portant that the wipe be performed
nal surface of the equipment or other very quickly after the hexane is ex-
PCB source, as well as the contamina- posed to air. EPA strongly recommends
tion resulting from those releases. This that the gauze (or glass wool) be pre-
policy applies to spills of 50 ppm or pared with hexane in the laboratory
greater PCBs. The concentration of and that the wiping medium be stored
PCBs spilled is determined by the PCB in sealed glass vials until it is used for
concentration in the material spilled the wipe test. Further, EPA requires
as opposed to the concentration of the collection and testing of field
PCBs in the material onto which the blanks and replicates.
PCBs were spilled. Where a spill of un- [52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19,
tested mineral oil occurs, the oil is pre- 1987]
sumed to contain greater than 50 ppm,
but less than 500 ppm PCBs and is sub- § 761.125 Requirements for PCB spill
ject to the relevant requirements of cleanup.
this policy. (a) General. Unless expressly limited,
Spill area means the area of soil on the reporting, disposal, and precleanup
which visible traces of the spill can be sampling requirements in paragraphs
observed plus a buffer zone of 1 foot be- (a) (1) through (3) of this section apply
yond the visible traces. Any surface or to all spills of PCBs at concentrations
object (e.g., concrete sidewalk or auto- of 50 ppm or greater which are subject
mobile) within the visible traces area to decontamination requirements
796
under TSCA, including those spills list- ity), but notification of EPA is not re-
ed under § 761.120(b) which are excluded quired.
from the cleanup standards at para- (2) Disposal of cleanup debris and mate-
graphs (b) and (c) of this section. rials. All concentrated soils, solvents,
(1) Reporting requirements. The report- rags, and other materials resulting
ing in paragraphs (a)(1) (i) through (iv) from the cleanup of PCBs under this
of this section is required in addition policy shall be properly stored, labeled,
to applicable reporting requirements and disposed of in accordance with the
under the Clean Water Act (CWA) or provisions of subpart D of this part.
the Comprehensive Environmental Re- (3) Determination of spill boundaries in
sponse Compensation and Liability Act the absence of visible traces. For spills
of 1980 (CERCLA). For example, under where there are insufficient visible
the National Contingency Plan all traces yet there is evidence of a leak or
spills involving 1 pound or more by spill, the boundaries of the spill are to
weight of PCBs must currently be re- be determined by using a statistically
ported to the National Response Center based sampling scheme.
(1-800-424-8802). The requirements in (b) Requirements for cleanup of low-
paragraphs (a)(1) (i) through (iv) of this concentration spills which involve less
section are designed to be consistent than 1 pound of PCBs by weight (less
with existing reporting requirements than 270 gallons of untested mineral oil)—
to the extent possible so as to mini- (1) Decontamination requirements. Spills
mize reporting burdens on governments of less than 270 gallons of untested
as well as the regulated community. mineral oil, low-concentration PCBs,
(i) Where a spill directly contami- as defined under § 761.123, which involve
nates surface water, sewers, or drink- less than 1 pound of PCBs by weight
ing water supplies, as discussed under (e.g., less than 270 gallons of untested
§ 761.120(d), the responsible party shall mineral oil containing less than 500
notify the appropriate EPA regional of- ppm PCBs) shall be cleaned in the fol-
fice and obtain guidance for appro- lowing manner:
priate cleanup measures in the shortest (i) Solid surfaces must be double
possible time after discovery, but in no washed/rinsed (as defined under
case later than 24 hours after dis- § 761.123); except that all indoor, resi-
covery. dential surfaces other than vault areas
(ii) Where a spill directly contami- must be cleaned to 10 micrograms per
nates grazing lands or vegetable gar- 100 square centimeters (10 μg/100 cm2)
dens, as discussed under § 761.120(d), the by standard commercial wipe tests.
responsible party shall notify the ap- (ii) All soil within the spill area (i.e.,
propriate EPA regional office and pro- visible traces of soil and a buffer of 1
ceed with the immediate requirements lateral foot around the visible traces)
specified under paragraph (b) or (c) of must be excavated, and the ground be
this section, depending on the source of restored to its original configuration
the spill, in the shortest possible time by back-filling with clean soil (i.e.,
after discovery, but in no case later containing less than 1 ppm PCBs).
than 24 hours after discovery. (iii) Requirements of paragraphs
(iii) Where a spill exceeds 10 pounds (b)(1) (i) and (ii) of this section must be
of PCBs by weight and is not addressed completed within 48 hours after the re-
in paragraph (a)(1) (i) or (ii) of this sec- sponsible party was notified or became
tion, the responsible party will notify aware of the spill.
the appropriate EPA regional office (2) Effect of emergency or adverse
and proceed to decontaminate the spill weather. Completion of cleanup may be
area in accordance with this TSCA pol- delayed beyond 48 hours in case of cir-
icy in the shortest possible time after cumstances including but not limited
discovery, but in no case later than 24 to, civil emergency, adverse weather
hours after discovery. conditions, lack of access to the site,
(iv) Spills of 10 pounds or less, which and emergency operating conditions.
are not addressed in paragraph (a)(1) (i) The occurrence of a spill on a weekend
or (ii) of this section, must be cleaned or overtime costs are not acceptable
up in accordance with this policy (in reasons to delay response. Completion
order to avoid EPA enforcement liabil- of cleanup may be delayed only for the
797
§ 761.125 40 CFR Ch. I (7–1–10 Edition)
duration of the adverse conditions. If of materials other than low-concentra-

the adverse weather conditions, or tion materials shall be considered com-
time lapse due to other emergency, has plete if all of the immediate require-
left insufficient visible traces, the re- ments, cleanup standards, sampling,
sponsible party must use a statistically and recordkeeping requirements of
based sampling scheme to determine paragraphs (c) (1) through (5) of this
the spill boundaries as required under section are met.
paragraph (a)(3) of this section. (1) Immediate requirements. The four
(3) Records and certification. At the actions in paragraphs (c)(1) (i) through
completion of cleanup, the responsible (iv) of this section must be taken as
party shall document the cleanup with quickly as possible and within no more
records and certification of decon- than 24 hours (or within 48 hours for
tamination. The records and certifi- PCB Transformers) after the respon-
cation must be maintained for a period sible party was notified or became
of 5 years. The records and certifi- aware of the spill, except that actions
cation shall consist of the following: described in paragraphs (c)(1) (ii)
(i) Identification of the source of the through (iv) of this section can be de-
spill (e.g., type of equipment). layed beyond 24 hours if circumstances
(ii) Estimated or actual date and (e.g., civil emergency, hurricane, tor-
time of the spill occurrence. nado, or other similar adverse weather
(iii) The date and time cleanup was conditions, lack of access due to phys-
completed or terminated (if cleanup ical impossibility, or emergency oper-
was delayed by emergency or adverse ating conditions) so require for the du-
weather: the nature and duration of ration of the adverse conditions. The
the delay). occurrence of a spill on a weekend or
(iv) A brief description of the spill lo- overtime costs are not acceptable rea-
cation. sons to delay response. Owners of
(v) Precleanup sampling data used to spilled PCBs who have delayed cleanup
establish the spill boundaries if re- because of these types of circumstances
quired because of insufficient visible must keep records documenting the
traces, and a brief description of the fact that circumstances precluded
sampling methodology used to estab- rapid response.
lish the spill boundaries. (i) The responsible party shall notify
(vi) A brief description of the solid the EPA regional office and the NRC as
surfaces cleaned and of the double required by § 761.125(a)(1) or by other
wash/rinse method used. applicable statutes.
(vii) Approximate depth of soil exca- (ii) The responsible party shall effec-
vation and the amount of soil removed. tively cordon off or otherwise delineate
(viii) A certification statement and restrict an area encompassing any
signed by the responsible party stating visible traces plus a 3-foot buffer and
that the cleanup requirements have place clearly visible signs advising per-
been met and that the information con- sons to avoid the area to minimize the
tained in the record is true to the best spread of contamination as well as the
of his/her knowledge. potential for human exposure.
(ix) While not required for compli- (iii) The responsible party shall
ance with this policy, the following in- record and document the area of visible
formation would be useful if main- contamination, noting the extent of
tained in the records: the visible trace areas and the center
(A) Additional pre- or post-cleanup of the visible trace area. If there are no
sampling. visible traces, the responsible party
(B) The estimated cost of the cleanup shall record this fact and contact the
by man-hours, dollars, or both. regional office of the EPA for guidance
(c) Requirements for cleanup of high- in completing statistical sampling of
concentration spills and low-concentra- the spill area to establish spill bound-
tion spills involving 1 pound or more aries.
PCBs by weight (270 gallons or more of (iv) The responsible party shall ini-
untested mineral oil). Cleanup of low- tiate cleanup of all visible traces of the
concentration spills involving 1 lb or fluid on hard surfaces and initiate re-
more PCBs by weight and of all spills moval of all visible traces of the spill
798
on soil and other media, such as gravel, jeopardize the integrity of the elec-
sand, oyster shells, etc. trical equipment at the substation, the
(v) If there has been a delay in reach- EPA regional office may establish an
ing the site and there are insufficient alternative cleanup method or level
visible traces of PCBs remaining at the and place the responsible party on a
spill site, the responsible party must reasonably timely schedule for comple-
estimate (based on the amount of mation of cleanup.
terial missing from the equipment or (3) Requirements for decontaminating
container) the area of the spill and im- spills in other restricted access areas.
mediately cordon off the area of sus- Spills which occur in restricted access
pect contamination. The responsible locations other than outdoor electrical
party must then utilize a statistically substations, as defined under § 761.123,
based sampling scheme to identify the shall be decontaminated in accordance
boundaries of the spill area as soon as with paragraphs (c)(3) (i) through (v) of
practicable. this section. Conformance to the clean-
(vi) Although this policy requires up standards in paragraphs (c)(3) (i)
certain immediate actions, as de- through (v) of this section shall be
scribed in paragraphs (c)(1)(i) through verified by postcleanup sampling as
(iv) of this section, EPA is not placing specified under § 761.130. At such times
a time limit on completion of the as restricted access areas other than
cleanup effort since the time required outdoor electrical substations are con-
for completion will vary from case to verted to another use, the spill site
case. However, EPA expects that de- shall be cleaned up to the nonrestricted
contamination will be achieved access area requirements of paragraph
promptly in all cases and will consider (c)(4) of this section.
promptness of completion in deter- (i) High-contact solid surfaces, as de-
mining whether the responsible party fined under § 761.163 shall be cleaned to
made good faith efforts to clean up in 10 μg/100 cm2 (as measured by standard
accordance with this policy. wipe tests).
(2) Requirements for decontaminating (ii) Low-contact, indoor, impervious
spills in outdoor electrical substations. solid surfaces will be decontaminated
Spills which occur in outdoor electrical to 10 μg/100 cm2.
substations, as defined under § 761.123, (iii) At the option of the responsible
shall be decontaminated in accordance party, low-contact, indoor, nonimper-
with paragraphs (c)(2) (i) and (ii) of this vious surfaces will be cleaned either to
section. Conformance to the cleanup 10 μg/100 cm2 or to 100 μg/100 cm2 and
standards under paragraphs (c)(2) (i) encapsulated. The Regional Adminis-
and (ii) of this section shall be verified trator, however, retains the authority
by post-cleanup sampling as specified to disallow the encapsulation option
under § 761.130. At such times as out- for a particular spill situation upon
door electrical substations are con- finding that the uncertainties associ-
verted to another use, the spill site ated with that option pose special con-
shall be cleaned up to the nonrestricted cerns at that site. That is, the Re-
access requirements under paragraph gional Administrator would not permit
(c)(4) of this section. encapsulation if he/she determined that
(i) Contaminated solid surfaces (both if the encapsulation failed the failure
impervious and non-impervious) shall would create an imminent hazard at
be cleaned to a PCB concentration of the site.
100 micrograms (μg)/100 square centi- (iv) Low-contact, outdoor surfaces
meters (cm2) (as measured by standard (both impervious and nonimpervious)
wipe tests). shall be cleaned to 100 μg/100 cm2.
(ii) At the option of the responsible (v) Soil contaminated by the spill
party, soil contaminated by the spill will be cleaned to 25 ppm PCBs by
will be cleaned either to 25 ppm PCBs weight.
by weight, or to 50 ppm PCBs by weight (4) Requirements for decontaminating
provided that a label or notice is visi- spills in nonrestricted access areas. Spills
bly placed in the area. Upon dem- which occur in nonrestricted access lo-
onstration by the responsible party cations, as defined under § 761.123, shall
that cleanup to 25 ppm or 50 ppm will be decontaminated in accordance with
799
§ 761.130 40 CFR Ch. I (7–1–10 Edition)
paragraphs (c)(4) (i) through (v) of this weather: the nature and duration of
section. Conformance to the cleanup the delay).
standards at paragraphs (c)(4) (i) (iv) A brief description of the spill lo-
through (v) of this section shall be cation and the nature of the materials
verified by postcleanup sampling as contaminated. This information should
specified under § 761.130. include whether the spill occurred in
(i) Furnishings, toys, and other eas- an outdoor electrical substation, other
ily replaceable household items shall restricted access location, or in a non-
be disposed of in accordance with the restricted access area.
provisions of subpart D of this part and (v) Precleanup sampling data used to
replaced by the responsible party. establish the spill boundaries if re-
(ii) Indoor solid surfaces and high- quired because of insufficient visible
contact outdoor solid surfaces, defined traces and a brief description of the
as high contact residential/commercial sampling methodology used to estab-
surfaces under § 761.123, shall be cleaned lish the spill boundaries.
to 10 μg/100 cm2 (as measured by stand- (vi) A brief description of the solid
ard wipe tests). surfaces cleaned.
(iii) Indoor vault areas and low-con- (vii) Approximate depth of soil exca-
tact, outdoor, impervious solid surfaces vation and the amount of soil removed.
shall be decontaminated to 10 μg/100 (viii) Postcleanup verification sam-
cm2. pling data and, if not otherwise appar-
(iv) At the option of the responsible ent from the documentation, a brief de-
party, low-contact, outdoor, nonimper- scription of the sampling methodology
vious solid surfaces shall be either and analytical technique used.
cleaned to 10 μg/100 cm2 or cleaned to (ix) While not required for compli-
100 μg/100 cm2 and encapsulated. The ance with this policy, information on
Regional Administrator, however, re- the estimated cost of cleanup (by man-
tains the authority to disallow the en- hours, dollars, or both) would be useful
capsulation option for a particular spill if maintained in the records.
situation upon finding that the uncer- [52 FR 10705, Apr. 2, 1987, as amended at 53
tainties associated with that option FR 40884, Oct. 19, 1988; 63 FR 35461, June 29,
pose special concerns at that site. That 1998; 72 FR 57241, Oct. 9, 2007]
is, the Regional Administrator would
not permit encapsulation if he/she de- § 761.130 Sampling requirements.
termined that if the encapsulation Postcleanup sampling is required to
failed the failure would create an im- verify the level of cleanup under
minent hazard at the site. § 761.125(c) (2) through (4). The respon-
(v) Soil contaminated by the spill sible party may use any statistically
will be decontaminated to 10 ppm PCBs valid, reproducible, sampling scheme
by weight provided that soil is exca- (either random samples or grid sam-
vated to a minimum depth of 10 inches. ples) provided that the requirements of
The excavated soil will be replaced paragraphs (a) and (b) of this section
with clean soil, i.e., containing less are satisfied.
than 1 ppm PCBs, and the spill site will (a) The sampling area is the greater
be restored (e.g., replacement of turf). of (1) an area equal to the area cleaned
(5) Records. The responsible party plus an additional 1-foot boundary, or
shall document the cleanup with (2) an area 20 percent larger than the
records of decontamination. The original area of contamination.
records must be maintained for a pe- (b) The sampling scheme must ensure
riod of 5 years. The records and certifi- 95 percent confidence against false
cation shall consist of the following: positives.
(i) Identification of the source of the (c) The number of samples must be
spill, e.g., type of equipment. sufficient to ensure that areas of con-
(ii) Estimated or actual date and tamination of a radius of 2 feet or more
time of the spill occurrence. within the sampling area will be de-
(iii) The date and time cleanup was tected, except that the minimum num-
completed or terminated (if cleanup ber of samples is 3 and the maximum
was delayed by emergency or adverse number of samples is 40.
800
(d) The sampling scheme must in- § 761.135 Effect of compliance with
clude calculation for expected varia- this policy and enforcement.
bility due to analytical error. (a) Although a spill of material con-
(e) EPA recommends the use of a taining 50 ppm or greater PCBs is con-
sampling scheme developed by the Mid- sidered improper PCB disposal, this
west Research Institute (MRI) for use policy establishes requirements that
in enforcement inspections: EPA considers to be adequate cleanup
‘‘Verification of PCB Spill Cleanup by of the spilled PCBs. Cleanup in accord-
Sampling and Analysis.’’ Guidance for ance with this policy means compli-
the use of this sampling scheme is ance with the procedural as well as the
available in the MRI report ‘‘Field
numerical requirements of this policy.
Manual for Grid Sampling of PCB Spill
Compliance with this policy creates a
Sites to Verify Cleanup.’’ Both the MRI
presumption against both enforcement
sampling scheme and the guidance doc-
action for penalties and the need for
ument are available on EPA’s PCB Web
further cleanup under TSCA. The
site at http://www.epa.gov/pcb, or from
Agency reserves the right, however, to
the Program Management, Commu-
initiate appropriate action to compel
nications, and Analysis Office, Office of
cleanup where, upon review of the
Resource Conservation and Recovery
records of cleanup or EPA sampling
(5305P), 1200 Pennsylvania Ave., NW.,
following cleanup, EPA finds that the
Washington, DC 20460–0001. The major
decontamination levels in the policy
advantage of this sampling scheme is
have not been achieved. The Agency
that it is designed to characterize the
also reserves the right to seek pen-
degree of contamination within the en-
alties where the Agency believes that
tire sampling area with a high degree
the responsible party has not made a
of confidence while using fewer sam-
good faith effort to comply with all
ples than any other grid or random
provisions of this policy, such as
sampling scheme. This sampling
prompt notification of EPA of a spill,
scheme also allows some sites to be
recordkeeping, etc.
characterized on the basis of composite
(b) EPA’s exercise of enforcement
samples.
discretion does not preclude enforce-
(f) EPA may, at its discretion, take
ment action under other provisions of
samples from any spill site. If EPA’s
TSCA or any other Federal statute.
sampling indicates that the remaining
This includes, even in cases where the
concentration level exceeds the re-
numerical decontamination levels set
quired level, EPA will require further
forth in this policy have been met, civil
cleanup. For this purpose, the numer-
or criminal action for penalties where
ical level of cleanup required for spills
EPA believes the spill to have been the
cleaned in accordance with § 761.125(b)
result of gross negligence or knowing
is deemed to be the equivalent of nu-
violation.
merical cleanup requirements required
for cleanups under § 761.125(c) (2)
through (4). Using its best engineering Subparts H–I [Reserved]
judgment, EPA may sample a statis-
tically valid random or grid sampling Subpart J—General Records and
technique, or both. When using engi- Reports
neering judgment or random ‘‘grab’’
samples, EPA will take into account § 761.180 Records and monitoring.
that there are limits on the power of a This section contains recordkeeping
grab sample to dispute statistically and reporting requirements that apply
based sampling of the type required of to PCBs, PCB Items, and PCB storage
the responsible party. EPA head- and disposal facilities that are subject
quarters will provide guidance to the to the requirements of the part.
EPA regions on the degree of certainty (a) PCBs and PCB Items in service or
associated with various grab sample re- projected for disposal. Beginning Feb-
sults. ruary 5, 1990, each owner or operator of
[52 FR 10705, Apr. 2, 1987, as amended at 60 a facility, other than a commercial
FR 34465, July 3, 1995; 72 FR 57241, Oct. 9, storer or a disposer of PCB waste,
2007; 74 FR 30234, June 25, 2009] using or storing at any one time at
801
§ 761.180 40 CFR Ch. I (7–1–10 Edition)
least 45 kilograms (99.4 pounds) of each manifest and for unmanifested

PCBs contained in PCB Container(s), or waste that may be stored at the facil-
one or more PCB Transformers, or 50 or ity, the following information:
more PCB Large High or Low Voltage (A) For bulk PCB waste (e.g., in a
Capacitors shall develop and maintain tanker or truck), its weight in kilo-
at the facility, or a central facility programs, the first date it was removed
vided they are maintained at that fa- from service for disposal, the date it
cility, all annual records and the writ- was placed into transport for off-site
ten annual document log of the disposi- storage or disposal, and the date of dis-
tion of PCBs and PCB Items. The writ- posal, if known.
ten annual document log must be pre- (B) The serial number (if available)
pared for each facility by July 1 cov- or other means of identifying each PCB
ering the previous calendar year (Janu- Article (e.g., transformer or capacitor),
ary through December). The annual the weight in kilograms of the PCB
document log shall be maintained for waste in each transformer or capacitor,
at least 3 years after the facility ceases the date it was removed from service
using or storing PCBs and PCB Items for disposal, the date it was placed in
in the quantities prescribed in this transport for off-site storage or dis-
paragraph. Annual records (manifests posal, and the date of disposal, if
and certificates of disposal) shall be known.
maintained for the same period. The (C) A unique number identifying each
annual records and the annual docu- PCB Container, a description of the
ment log shall be available for inspec- contents of each PCB Container, such
tion at the facility where they are as liquid, soil, cleanup debris, etc., in-
maintained by authorized representa- cluding the total weight of the mate-
tives of EPA during normal business rial in kilograms in each PCB Con-
hours, and each owner or operator of a tainer, the first date material placed in
facility subject to these requirements each PCB Container was removed from
shall know the location of these service for disposal, and the date each
records. All records and annual docu- PCB Container was placed in transport
ments required to be prepared and for off-site storage or disposal, and the
maintained by this section prior to date of disposal (if known).
February 5, 1990 shall continue to be (D) A unique number identifying each
maintained at the facility for the same PCB Article Container, a description of
time as the annual records and the an- the contents of each PCB Article Con-
nual document log. The annual docu- tainer, such as pipes, capacitors, elec-
ment required for 1989 shall cover the tric motors, pumps, etc., including the
period from January 1, 1989 to Feb- total weight in kilograms of the con-
ruary 5, 1990. tent of each PCB Article Container, the
(1) The annual records shall include first date a PCB Article placed in each
the following: PCB Article Container was removed
(i) All signed manifests generated by from service for disposal, and the date
the facility during the calendar year. the PCB Article Container was placed
(ii) All Certificates of Disposal that in transport for off-site storage or dis-
have been received by the facility dur- posal, and the date of disposal (if
ing the calendar year. known.)
(iii) Records of inspections and clean- (iii) The total number by specific
ups performed in accordance with type of PCB Articles and the total
§ 761.65(c)(5). weight in kilograms of PCBs in PCB
(2) The written annual document log Articles, the total number of PCB Arti-
shall include the following: cle Containers and total weight in kilo-
(i) The name, address, and EPA iden- grams of the contents of PCB Article
tification number of the facility cov- Containers, the total number of PCB
ered by the annual document log and Containers and the total weight in
the calendar year covered by the an- kilograms of the contents of PCB Con-
nual document log. tainers, and the total weight in kilo-
(ii) The unique manifest number of grams of bulk PCB waste that was
every manifest generated by the facil- placed into storage for disposal or dis-
ity during the calendar year, and from posed during the calendar year.
802
(iv) The total number of PCB Trans- PCBs and PCB Items that were handled
formers and total weight in kilograms as PCB waste at the facility. The writ-
of PCBs contained in the transformers ten annual document log shall be pre-
remaining in service at the end of the pared by July 1 for the previous cal-
calendar year. endar year (January through Decem-
(v) The total number of Large High ber). The written annual document log
or Low Voltage PCB Capacitors re- shall be maintained at each facility for
maining in service at the end of the at least 3 years after the facility is no
calendar year. longer used for the storage or disposal
(vi) The total weight in kilograms of of PCBs and PCB Items except that, in
any PCBs and PCB Items in PCB Con- the case of chemical waste landfills,
tainers, including the identification of the annual document log shall be main-
container contents, remaining in serv- tained at least 20 years after the chem-
ice at the facility at the end of the cal- ical waste landfill is no longer used for
endar year. the disposal of PCBs and PCB Items.
(vii) For any PCBs or PCB item re- The annual records shall be maintained
ceived from or shipped to another facil- for the same period. The annual
ity owned or operated by the same gen- records and written annual document
erator, the information required under log shall be available at the facility for
paragraph (a)(2)(ii)(A) through inspection by authorized representa-
(a)(2)(ii)(D) of this section. tives of the EPA. All records and an-
(viii) A record of each telephone call, nual documents required to be prepared
or other means of verification agreed and maintained by this section prior to
upon by both parties, made to each des- February 5, 1990 shall continue to be
ignated commercial storer or des- maintained at the facility for the same
ignated disposer to confirm receipt of time as the annual records and the an-
PCB waste transported by an inde- nual document log. The annual docu-
pendent transporter, as required by ment for 1989 shall cover the period
§ 761.208. from January 1, 1989 to February 5,
(ix) Whenever a PCB Item, excluding 1990. From the written annual docu-
small capacitors, with a concentration ment log the owner or operator of a fa-
of ≥50 ppm is distributed in commerce cility must prepare the annual report
for reuse pursuant to § 761.20(c)(1), the containing the information required by
name, address, and telephone number paragraphs (b)(3)(i) through (b)(3)(vi) of
of the person to whom the item was this section for PCBs and PCB Items
transferred, date of transfer, and the that were handled as PCB waste at the
serial number of the item or the inter- facility during the previous calendar
nal identification number, if a serial year (January through December). The
number is not available, must be re- annual report must be submitted by
corded in the annual document log. July 15 of each year for the preceding
The serial number or internal identi- calendar year. If the facility ceases
fication number shall be permanently commercial PCB storage or disposal
marked on the equipment. operations, the owner or operator of
(3) [Reserved] the facility shall provide at least 60
(4) For purposes of this paragraph, days advance written notice to the Re-
PCB Voltage Regulators shall be regional Administrator for the region in
corded as PCB Transformers. which the facility is located of the date
(b) Disposers and commercial storers of the facility intends to begin closure. d
PCB waste. Beginning February 5, 1990, (1) The annual records shall include
each owner or operator of a facility (in- the following:
cluding high efficiency boiler oper- (i) All signed manifests generated or
ations) used for the commercial stor- received at the facility during the cal-
age or disposal of PCBs and PCB Items endar year.
shall maintain annual records on the (ii) All Certificates of Disposal that
disposition of all PCBs and PCB items have been generated or received by the
at the facility and prepare and main- facility during the calendar year.
tain a written annual document log (iii) Records of inspections and clean-
that includes the information required ups performed in accordance with
by paragraphs (b)(2) of this section for § 761.65(c)(5).
803
§ 761.180 40 CFR Ch. I (7–1–10 Edition)
(2) The written annual document log date it was received at the facility, the
shall include the following: date each PCB Article Container was
(i) The name, address, and EPA iden- placed in transport for off-site storage
tification number of the storage or dis- or disposal (as applicable), and the date
posal facility covered by the annual the PCB Article Container was dis-
document log and the calendar year posed of (if known).
covered by the annual document log. (E) Disposers of PCB waste shall in-
(ii) For each manifest generated or clude the confirmed date of disposal for
received by the facility during the cal- items in paragraphs (b)(2)(ii)(A)
endar year, the unique manifest num- through (b)(2)(ii)(D) of this section.
ber and the name and address of the fa- (iii) For any PCB waste disposed at a
cility that generated the manifest and facility that generated the PCB waste
the following information: or any PCB waste that was not mani-
(A) For bulk PCB waste (e.g., in a fested to the facility, the information
tanker or truck), its weight in kilo- required under paragraph (b)(2)(ii)(A)
grams, the first date PCB waste placed through (b)(2)(ii)(E) of this section.
in the tanker or truck was removed (3) The owner or operator of a PCB
from service for disposal, the date it disposal facility (including an owner or
was received at the facility, the date it operator who disposes of his/her own
was placed in transport for off-site dis- waste and does not receive or generate
posal (if applicable), and the date of manifests) or a commercial storage fa-
disposal, (if known ). cility shall submit an annual report,
(B) The serial number or other means which briefly summarizes the records
of identifying each PCB Article, not in and annual document log required to
a PCB Container or PCB Article Con- be maintained and prepared under
tainer, the weight in kilograms of the paragraphs (b)(1) and (b)(2) of this sec-
PCB waste in the PCB Article, the date tion to the EPA Regional Adminis-
it was removed from service for dis- trator of the Region in which the facil-
posal, the date it was received at the ity is located by July 15 of each year,
facility, the date it was placed in beginning with July 15, 1991. The first
transport for off-site disposal (if appli- annual report submitted on July 15,
cable), and the date of disposal (if 1991, shall be for the period starting
known). February 5, 1990, and ending December
(C) The unique number assigned by 31, 1990. The annual report shall con-
the generator identifying each PCB tain no confidential business informa-
Container, a description of the con- tion. The annual report shall consist of
tents of each PCB Container, such as the information listed in paragraphs
liquid, soil, cleanup debris, etc., includ- (b)(3)(i) through (b)(3)(vi) of this sec-
ing the total weight of the PCB waste tion.
in kilograms in each PCB Container, (i) The name, address, and EPA iden-
the first date PCB waste placed in each tification number of the facility cov-
PCB Container was removed from serv- ered by the annual report for the cal-
ice for disposal, the date it was re- endar year.
ceived at the facility, the date each (ii) A list of the numbers of all signed
PCB Container was placed in transport manifests of PCB waste initiated or re-
for off-site storage or disposal (as ap- ceived by the facility during that year.
plicable), and the date the PCB Con- (iii) The total weight in kilograms of
tainer was disposed of (if known). bulk PCB waste, PCB waste in PCB
(D) The unique number assigned by Transformers, PCB waste in PCB Large
the generator identifying each PCB Ar- High or Low Voltage Capacitors, PCB
ticle Container, a description of the waste in PCB Article Containers, and
contents of each PCB Article Con- PCB waste in PCB Containers in stor-
tainer, such as pipes, capacitors, elec- age at the facility at the beginning of
tric motors, pumps, etc., including the the calendar year, received or gen-
total weight in kilograms of the PCB erated at the facility, transferred to
waste in each PCB Article Container, another facility, or disposed of at the
the first date a PCB Article placed in facility during the calendar year. The
each PCB Article Container was re- information must be provided for each
moved from service for disposal, the of these categories, as appropriate.
804
(iv) The total number of PCB Trans- corded and reported as PCB Trans-
formers, the total number of PCB formers.
Large High or Low Voltage Capacitors, (c) Incineration facilities. Each owner
the total number of PCB Article Con- or operator of a PCB incinerator facil-
tainers, and the total number of PCB ity shall collect and maintain for a pe-
Containers in storage at the facility at riod of 5 years from the date of collec-
the beginning of the calendar year, re- tion the following information, in addi-
ceived or generated at the facility, tion to the information required in
transferred to another facility, or dis- paragraph (b) of this section:
posed of at the facility during the cal- (1) When PCBs are being incinerated,
endar year. The information must be the following continuous and short-in-
provided for each of these categories, terval data:
as appropriate. (i) Rate and quantity of PCBs fed to
(v) The total weight in kilograms of the combustion system as required in
each of the following PCB categories: § 761.70(a)(3);
bulk PCB waste, PCB waste in PCB (ii) Temperature of the combustion
Transformers, PCB waste in PCB Large process as required in § 761.70(a)(4); and
High or Low Voltage Capacitors, PCB (iii) Stack emission product to in-
waste in PCB Article Containers, and clude O2, CO, and CO2 as required in
PCB waste in PCB Containers remain- § 761.70(a)(7).
ing in storage for disposal at the facil- (2) When PCBs are being incinerated,
ity at the end of the calendar year. data and records on the monitoring of
(vi) The total number of PCB Trans- stack emissions as required in
formers, the total number of PCB § 761.70(a)(6).
Large High or Low Voltage Capacitors, (3) Total weight in kilograms of any
the total number of PCB Article Con- solid residues generated by the inciner-
tainers, and the total number of PCB ation of PCBs and PCB Items during
Containers remaining in storage for the calendar year, the total weight in
disposal at the facility at the end of kilograms of any solid residues dis-
the calendar year. posed of by the facility in chemical
(vii) The requirement to submit an- waste landfills, and the total weight in
nual reports to the Regional Adminis- kilograms of any solid residues remain-
trator continues until the submission ing on the facility site.
of the annual report for the calendar (4) When PCBs and PCB Items are
year during which the facility ceases being incinerated, additional periodic
PCB storage or disposal operations. data shall be collected and maintained
Storage operations have not ceased as specified by the Regional Adminis-
until all PCB waste, including any PCB trator pursuant to § 761.70(d)(4).
waste generated during closure, has (5) Upon any suspension of the oper-
been removed from the facility. ation of any incinerator pursuant to
(4) Whenever a commercial storer of § 761.70(a)(8), the owner or operator of
PCB waste accepts PCBs or PCB Items such an incinerator shall prepare a doc-
at his storage facility and transfers the ument. The document shall, at a min-
PCB waste off-site to another facility imum, include the date and time of the
for storage or disposal, the commercial suspension and an explanation of the
storer of PCB waste shall initiate a circumstances causing the suspension
manifest under subpart K of this part of operation. The document shall be
for the transfer of PCBs or PCB Items sent to the appropriate Regional Ad-
to the next storage or disposal facility. ministrator within 30 days of any such
NOTE: Any requirements for weights in suspension.
kilograms of PCBs may be calculated values (d) Chemical waste landfill facilities.
if the internal volume of PCBs in containers Each owner or operator of a PCB chem-
and transformers is known and included in
ical waste landfill facility shall collect
the reports, together with any assumptions
on the density of the PCBs contained in the and maintain until at least 20 years
containers or tranformers. If the internal after the chemical waste landfill is no
volume of PCBs is not known, a best esti- longer used for the disposal of PCBs
mate may be used. the following information in addition
(5) For purposes of this paragraph, to the information required in para-
PCB Voltage Regulators shall be re- graph (b) of this section:
805
§ 761.185 40 CFR Ch. I (7–1–10 Edition)
(1) Any water analysis obtained in procedures in § 761.30(a)(2)(v) or

compliance with § 761.75(b)(6)(iii); and § 761.30(h)(2)(v), you must keep records
(2) Any operations records including showing that you followed the required
burial coordinates of wastes obtained reclassification procedures. Where
in compliance with § 761.75(b)(8)(ii). these procedures require testing, the
(e) High efficiency boiler facilities. records must include copies of pre- and
Each owner or operator of a high effi- post-reclassification PCB concentra-
ciency boiler used for the disposal of tion measurements from a laboratory
liquids between 50 and 500 ppm PCB using quality control and quality as-
shall collect and maintain for a period surance procedures. You must make
of 5 years the following information, in these records available promptly to
addition to the information required in EPA or to any party possessing the
paragraph (b) of this section: equipment through sale, loan, lease, or
(1) For each month PCBs are burned for servicing. You must retain the
in the boiler the carbon monoxide and records for at least 3 years after you
excess oxygen data required in sell or dispose of the equipment.
§ 761.71(a)(1)(viii) and § 761.71(b)(1)(viii);
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
(2) The quantity of PCBs burned each 2605)
month as required in § 761.71(a)(1)(vii)
and § 761.71(b)(1)(vii); and [44 FR 31542, May 31, 1979. Redesignated at 47
(3) For each month PCBs (other than FR 19527, May 6, 1982, and further redesig-
nated at 47 FR 37360, Aug. 25, 1982; 49 FR
mineral oil dielectric fluid) are burned, 28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988;
chemical analysis data of the waste as 54 FR 52750, Dec. 21, 1989; 55 FR 26205, June
required in § 761.71(b)(2)(vi). 27, 1990; 58 FR 34205, June 23, 1993; 63 FR
(f) Retention of special records by stor- 35461, June 29, 1998; 66 FR 17619, Apr. 2, 2001]
age and disposal facilities. In addition to
the information required to be main- § 761.185 Certification program and re-
tained under paragraphs (b), (c), (d) and tention of records by importers and
(e) of this section, each owner or oper- persons generating PCBs in ex-
ator of a PCB storage or disposal facil- cluded manufacturing processes.
ity (including high efficiency boiler op- (a) In addition to meeting the basic
erations) shall collect and maintain for requirements of § 761.1(f) and the defini-
the time period specified in paragraph tion of excluded manufacturing proc-
(b) of this section the following data: esses at § 761.3, manufacturers with
(1) All documents, correspondence, processes inadvertently generating
and data that have been provided to PCBs and importers of products con-
the owner or operator of the facility by taining inadvertently generated PCBs
any State or local government agency must report to EPA any excluded man-
and that pertain to the storage or dis- ufacturing process or imports for which
posal of PCBs and PCB Items at the fa- the concentration of PCBs in products
cility. leaving the manufacturing site or im-
(2) All documents, correspondence, ported is greater than 2 micrograms
and data that have been provided by per gram (2 μg/g, roughly 2 ppm) for
the owner or operator of the facility to any resolvable gas chromatographic
any State or local government agency peak. Such reports must be filed by Oc-
and that pertain to the storage or dis- tober 1, 1984 or, if no processes or im-
posal of PCBs and PCB Items at the fa- ports require reports at the time, with-
cility. in 90 days of having processes or im-
(3) Any applications and related cor- ports for which such reports are re-
respondence sent by the owner or oper- quired.
ator of the facility to any local, State, (b) Manufacturers required to report
or Federal authorities in regard to by paragraph (a) of this section must
waste water discharge permits, solid transmit a letter notifying EPA of the
waste permits, building permits, or number, the type, and the location of
other permits or authorizations such as excluded manufacturing processes in
those required by §§ 761.70(d) and which PCBs are generated when the
761.75(c). PCB level in products leaving any man-
(g) Reclassification records. If you re- ufacturing site is greater than 2 μg/g
classify electrical equipment using the for any resolvable gas chromatographic
806
peak. Importers required to report by (d) The certification required by

paragraph (a) of this section must paragraph (b) of this section must be
transmit a letter notifying EPA of the signed by a responsible corporate offi-
concentration of PCBs in imported cer. This certification must be main-
products when the PCB concentration tained by each facility or importer for
of products being imported is greater a period of three years after ceasing
than 2 μg/g for any resolvable gas process operation or importation, or
chromatographic peak. Persons must for seven years, whichever is shorter,
also certify the following: and must be made available to EPA
(1) Their compliance with all applica- upon request. For the purpose of this
ble requirements of § 761.1(f), including section, a responsible corporate officer
any applicable requirements for air and means:
water releases and process waste dis- (1) A president, secretary, treasurer,
posal. or vice-president of the corporation in
(2) Whether determinations of com- charge of a principal business function,
pliance are based on actual monitoring or any other person who performs simi-
of PCB levels or on theoretical assess- lar policy or decision-making functions
ments. for the corporation.
(3) That such determinations of com- (2) The manager of one or more man-
pliance are being maintained. ufacturing, production, or operating fa-
(4) If the determination of compli- cilities employing more than 250 per-
ance is based on a theoretical assess- sons or having gross annual sales or ex-
ment, the letter must also notify EPA penditures exceeding $25,000,000 (in sec-
of the estimated PCB concentration ond quarter 1980 dollars), if authority
levels generated and released. to sign documents has been assigned or
(c) Any person who reports pursuant delegated to the manager in accord-
to paragraph (a) of this section: ance with corporate procedures.
(1) Must have performed either a the- (e) Any person signing a document
oretical analysis or actual monitoring under paragraph (d) of this section
of PCB concentrations. shall also make the following certifi-
(2) Must maintain for a period of cation:
three years after ceasing process oper- I certify under penalty of law that this
ations or importation, or for seven document and all attachments were prepared
years, whichever is shorter, records under my direction or supervision in accord-
containing the following information: ance with a system designed to assure that
(i) Theoretical analysis. Manufacturers qualified personnel properly gather and
evaluate information. Based on my inquiry
records must include: the reaction or
of the person or persons directly responsible
reactions believed to be generating for gathering information, the information
PCBs; the levels of PCBs generated; is, to the best of my knowledge and belief,
and the levels of PCBs released. Im- true, accurate, and complete. I am aware
porters records must include: the reac- that there are significant penalties for fal-
tion or reactions believed to be gener- sifying information, including the possibility
ating PCBs and the levels of PCBs gen- of fines and imprisonment for knowing viola-
erated; the basis for all estimations of tions.
PCB concentrations; and the name and Dated: llllllllllllllllllll
qualifications of the person or persons Signature: llllllllllllllllll
performing the theoretical analysis; or (f) This report must be submitted to
(ii) Actual monitoring. (A) The method the Document Control Office (DCO)
of analysis. (7407M), Office of Pollution Prevention
(B) The results of the analysis, in- and Toxics (OPPT), Environmental
cluding data from the Quality Assur- Protection Agency, 1200 Pennsylvania
ance Plan. Ave., NW., Washington, DC 20460–0001,
(C) Description of the sample matrix. ATTN: PCB Notification. This report
(D) The name of the analyst or ana- must be submitted by October 1, 1984 or
lysts. within 90 days of starting up processes
(E) The date and time of the analysis. or commencing importation of PCBs.
(F) Numbers for the lots from which (g) This certification process must be
the samples are taken. repeated whenever process conditions
807
§ 761.187 40 CFR Ch. I (7–1–10 Edition)
are significantly modified to make the Ave., NW., Washington, DC 20460–0001,

previous certification no longer valid. ATTN: PCB Notification.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C. (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605) 2605)
[49 FR 28191, July 10, 1984; 49 FR 33019, Aug. [49 FR 28192, July 10, 1984, as amended at 53
20, 1984, as amended at 53 FR 12524, Apr. 15, FR 12524, Apr. 15, 1988; 58 FR 34205, June 23,
1988; 58 FR 34205, June 23, 1993; 59 FR 33697, 1993; 59 FR 33697, June 30, 1994; 60 FR 34465,
June 30, 1994; 60 FR 34465, July 3, 1995; 71 FR July 3, 1995; 71 FR 33642, June 12, 2006]
33642, June 12, 2006]
§ 761.193 Maintenance of monitoring
§ 761.187 Reporting importers and by records by persons who import,
persons generating PCBs in ex- manufacture, process, distribute in
cluded manufacturing processes. commerce, or use chemicals con-
In addition to meeting the basic re- taining inadvertently generated
PCBs.
quirements of § 761.1(f) and the defini-
tion of excluded manufacturing process (a) Persons who import, manufac-
at § 761.3, PCB-generating manufacture, process, distribute in commerce,
turing processes or importers of PCB- or use chemicals containing PCBs
containing products shall be considered present as a result of inadvertent gen-
‘‘excluded manufacturing processes’’ eration or recycling who perform any
only when the following conditions are actual monitoring of PCB concentra-
met: tions must maintain records of any
(a) Data are reported to the EPA by such monitoring for a period of three
the owner/operator or importer con- years after a process ceases operation
cerning the total quantity of PCBs in or importing ceases, or for seven years,
product from excluded manufacturing whichever is shorter.
processes leaving any manufacturing (b) Monitoring records maintained
site in any calendar year when such pursuant to paragraph (a) of this sec-
quantity exceeds 0.0025 percent of that tion must contain:
site’s rated capacity for such manufac- (1) The method of analysis.
turing processes as of October 1, 1984; (2) The results of the analysis, in-
or the total quantity of PCBs imported cluding data from the Quality Assur-
in any calendar year when such quan- ance Plan.
tity exceeds 0.0025 percent of the aver- (3) Description of the sample matrix.
age total quantity of such product con- (4) The name of the analyst or ana-
taining PCBs imported by such im- lysts.
porter during the years 1978, 1979, 1980, (5) The date and time of the analysis.
1981 and 1982. (6) Numbers for the lots from which
(b) Data are reported to the EPA by the samples are taken.
the owner/operator concerning the (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
total quantity of inadvertently gen- 2605)
erated PCBs released to the air from
[49 FR 28193, July 10, 1984, as amended at 58
excluded manufacturing processes at FR 34205, June 23, 1993]
any manufacturing site in any calendar
year when such quantity exceeds 10
pounds. Subpart K—PCB Waste Disposal
(c) Data are reported to the EPA by Records and Reports
the owner/operator concerning the
total quantity of inadvertently gen- SOURCE: 54 FR 52752, Dec. 21, 1989, unless
erated PCBs released to water from ex- otherwise noted.
cluded manufacturing processes from
any manufacturing site in any calendar § 761.202 EPA identification numbers.
year when such quantity exceeds 10 (a) General. Any generator, commer-
pounds. cial storer, transporter, or disposer of
(d) These reports must be submitted PCB waste who is required to have an
to the Document Control Office (DCO) EPA identification number under this
(7407M), Office of Pollution Prevention subpart must notify EPA of his/her
and Toxics (OPPT), Environmental PCB waste handling activities, using
Protection Agency, 1200 Pennsylvania the notification procedures and form
808
described in § 761.205. EPA will confirm identification number in accordance

the EPA identification number of fa- with the applicable notification proce-
cilities already assigned one, and will dures of § 761.205. Such persons shall
assign an EPA identification number use the EPA identification number ‘‘40
to facilities that do not have one. CFR PART 761,’’ or a number assigned
(b) Prohibitions. After June 4, 1990: to the persons by EPA or a State under
(1) A generator of PCB waste shall RCRA, until EPA issues to such per-
not: sons a specific identification number
(i) Process, store, dispose of, trans- under § 761.205(a), (b), or (c).
port, or offer for transportation PCB (d) PCB waste first handled after effec-
waste without having received an EPA tive date of this subpart. Generators
identification number from the Agen- (other than generators exempt from
cy. A generator of PCB waste who is notification under § 761.205(c)(1)), com-
exempted from notification under mercial storers, transporters, and dis-
§ 761.205(c)(1) or who notifies EPA in a posers of PCB waste who are required
timely manner under § 761.205(c)(2)(i), to have EPA identification numbers
but has not yet received a unique iden- under this subpart, and who first en-
tification number, shall be regarded as gage in PCB waste activities after Feb-
having received from EPA the identi- ruary 5, 1990, are subject to the prohibi-
fication number ‘‘40 CFR PART 761.’’ tions in paragraph (b) of this section.
(ii) Offer the PCB waste to trans-
porters, disposers, or commercial stor- § 761.205 Notification of PCB waste ac-
ers of PCB waste who have not received tivity (EPA Form 7710–53).
an EPA identification number. (a)(1) All commercial storers, trans-
(2) A transporter of PCB waste shall porters, and disposers of PCB waste
not: who were engaged in PCB waste han-
(i) Transport PCB waste without hav- dling activities on or prior to February
ing received an EPA identification 5, 1990 shall notify EPA of their PCB
number from EPA. waste activities by filing EPA Form
(ii) Deliver PCB waste to trans- 7710–53 with EPA by no later than April
porters, disposers, or commercial stor- 4, 1990. Upon receiving the notification
ers of PCB waste that have not re- form, EPA will assign an EPA identi-
ceived an EPA identification number. fication number to each entity that no-
(3) A commercial storer of PCB waste tifies.
shall not accept any PCB waste for (2) All generators (other than genera-
storage without having received an tors exempt from notification under
EPA identification number from EPA. paragraph (c)(1) of this section), com-
(4) A disposer of PCB waste shall not mercial storers, transporters, and dis-
accept any PCB waste for disposal posers of PCB waste who first engage
without having received an EPA identi- in PCB waste handling activities after
fication number from EPA. A disposer February 5, 1990, shall notify EPA of
of PCB waste who owns more than one their PCB waste activities by filing
disposal facility or mobile treatment EPA Form 7710–53 with EPA prior to
unit shall not accept waste unless the engaging in PCB waste handling activi-
disposer has received an EPA identi- ties.
fication number for each facility or (3) Any person required to notify
mobile unit. EPA under this section shall file with
(c) PCB waste handled prior to effective EPA Form 7710–53. Copies of EPA Form
date of this subpart. Generators (other 7710–53 are available on EPA’s Web site
than generators exempt from notifica- at http://www.epa.gov/pcb, or from the
tion under § 761.205(c)(1)), commercial Program Management, Communica-
storers, transporters, and disposers of tions, and Analysis Office, Office of Re-
PCB waste who are required to have source Conservation and Recovery
EPA identification numbers under this (5305P), Environmental Protection
subpart, and who were engaged in PCB Agency, 1200 Pennsylvania Ave., NW.,
waste handling activities on or prior to Washington, DC 20460–0001. Descriptive
February 5, 1990, are not subject to the information and instructions for filling
prohibitions of paragraph (b) of this in the form are included in paragraphs
section if they have applied for an EPA (a)(4)(i) through (vii) of this section.
809
§ 761.205 40 CFR Ch. I (7–1–10 Edition)
(4) All of the following information unless such generators elect to use a
shall be provided to EPA on Form 7710– unique EPA identification number pre-
53: viously assigned to them under RCRA
(i) The name of the facility, and the by EPA or a State.
name of the owner or operator of the (2) Generators of PCB waste who use,
facility. own, service, or process PCBs or PCB
(ii) EPA identification number, if Items shall notify EPA of their PCB
any, previously issued to the facility. waste activities only if they own or op-
(iii) The facility’s mailing address. erate PCB storage facilities subject to
(iv) The location of the facility. the storage requirements of § 761.65 (b)
(v) The facility’s installation contact or (c)(7). Such generators shall notify
and telephone number. EPA in the following manner:
(vi) The type of PCB waste activity (i) Generators storing PCB waste sub-
engaged in at the facility. ject to the storage requirements of
(vii) Signature of the signer of the § 761.65 (b) or (c)(7) shall notify EPA by
certification statement, typed or print- filing EPA Form 7710–53 with EPA by
ed name and official title of signer, and no later than April 4, 1990.
date signed. (ii) Generators who desire to com-
(viii) EPA has determined that the mence storage of PCB waste after Feb-
information in paragraphs (a)(4)(i) ruary 5, 1990 shall notify EPA and re-
through (a)(4)(vii) of this section shall ceive an EPA identification number be-
not be treated as confidential business fore they may commence storage of
information. This information will be PCBs at their facilities established
disclosed to the public without further under § 761.65 (b) or (c)(7).
notice to the submitter unless the sub- (iii) A separate notification shall be
mitter provides a written justification submitted to EPA for each PCB storage
(submitted with the notification form) facility owned or operated by genera-
which demonstrates extraordinary rea- tors of PCB waste. Upon receiving
sons why the information should be en- these notifications, EPA will assign
titled to confidential treatment. generators unique EPA identification
(b) Generators (other than those gen- numbers for each storage facility noti-
erators exempt from notification under fying EPA under this section.
paragraph (c)(1) of this section), com- (d) Persons required to notify under
mercial storers, transporters, and dis- this section shall file EPA Form 7710–53
posers of PCB waste who have pre- with EPA by mailing the form to the
viously notified EPA or a State of haz- following address: Document Control
ardous waste activities under RCRA Officer, Office of Resource Conserva-
shall notify EPA of their PCB waste tion and Recovery (5305P), Environ-
activities under this part by filing EPA mental Protection Agency, 1200 Penn-
Form 7710–53 with EPA by no later sylvania Ave., NW., Washington, DC
than April 4, 1990. The notification 20460–0001.
shall include the EPA identification (e) The requirements under this sec-
number previously issued by EPA or tion to notify EPA and obtain EPA
the State and upon receipt of the noti- identification numbers shall in no case
fication, EPA shall verify and author- excuse compliance by any person sub-
ize the use of the previously issued ject to the 1-year limit on storage prior
identification number for PCB waste to disposal under § 761.65(a).
activities. (f) When a facility has previously no-
(c)(1) Generators of PCB waste need tified EPA of its PCB waste handling
not notify EPA and receive unique activities using EPA Form 7710-53 and
EPA identification numbers under this those activities change, the facility
section, unless their PCB waste activi- must resubmit EPA Form 7710-53 to re-
ties are described in paragraph (c)(2) of flect those changes no later than 30
this section. Generators exempted from days from when a change is made. Ex-
notifying EPA under this paragraph amples of when a PCB waste handler
shall use the generic identification must renotify the Agency include, but
number ‘‘40 CFR PART 761’’ on the are not limited to the following: the
manifests, records, and reports which company changes location of the facil-
they shall prepare under this subpart, ity; or the company had notified solely
810
as engaging in a certain type of PCB generator State) supplies the manifest

waste handling activity and now wish- and requires its use, then the generator
es to engage in another PCB waste ac- must use that State’s manifest.
tivity (e.g., previously only commer- (e) If both the consignment State and
cially stored PCB waste and now wish- the generator State supply manifests
es to transport PCB waste). and require their use, the generator
must use the consignment State’s
[54 FR 52752, Dec. 21, 1989, as amended at 58
FR 15809, Mar. 24, 1993; 58 FR 34205, June 23, manifest.
1993; 59 FR 33697, June 30, 1994; 63 FR 35461, (f) If neither the generator State nor
June 29, 1998; 72 FR 57241, Oct. 9, 2007; 74 FR the consignment State supplies the
30234, June 25, 2009] manifest, the generator may obtain the
manifest from any source.
§ 761.207 The manifest—general re- (g) A generator shall designate on the
quirements. manifest one off-site commercial stor-
(a) A generator who relinquishes con- age or disposal facility approved under
trol over PCB wastes by transporting, this part for the commercial storage or
or offering for transport by his own ve- disposal of the PCBs and PCB Items de-
hicle or by a vehicle owned by another scribed on the manifest.
person, PCB waste for commercial off- (h) If the transporter is unable to de-
site storage or off-site disposal shall liver the PCB waste to the designated
prepare a manifest on EPA Form 8700– disposer or commercial storer, the
22, and if necessary, a continuation transporter must contact the generator
sheet. The generator shall specify: of the PCB waste for instructions. The
(1) For each bulk load of PCBs, the generator shall either designate an-
identity of the PCB waste, the earliest other approved disposer or commercial
date of removal from service for dis- storer, or instruct the transporter to
posal, and the weight in kilograms of return the PCB waste back to the gen-
the PCB waste. erator.
(2) For each PCB Article Container or (i) The manifest which accompanies
PCB Container, the unique identifying the PCB waste shall consist of at a
number, type of PCB waste (e.g., soil, minimum the number of copies re-
debris, small capacitors), earliest date quired to provide the generator, the
of removal from service for disposal, initial transporter, each subsequent
and weight in kilograms of the PCB transporter, and the owner or operator
waste contained. of the designated commercial storage
(3) For each PCB Article not in a or disposal facility with one legible
PCB Container or PCB Article Con- copy each for their records, and one ad-
tainer, the serial number if available, ditional copy to be returned to the gen-
or other identification if there is no se- erator by the owner or operator of the
rial number, the date of removal from first designated commercial storage or
service for disposal, and weight in kilo- disposal facility.
grams of the PCB waste in each PCB (j) The requirements of this section
Article. apply only to PCB wastes as defined in
(b) EPA does not maintain supplies of § 761.3. This includes PCB wastes with
printed copies of Form 8700–22 for pub- PCB concentrations below 50 ppm
lic use, although printed copies of the where the PCB concentration below 50
manifest may be available from State ppm was the result of dilution; these
offices. Camera-ready copies of the PCB wastes are required under § 761.1(b)
form are available for printing pur- to be managed as if they contained
poses from State offices, EPA Regional PCB concentrations of 50 ppm and
Offices, and EPA Headquarters. above. An example of such a PCB waste
(c) If the State to which the ship- is spill cleanup material containing <50
ment is manifested (i.e., consignment ppm PCBs when the spill involved ma-
State) supplies the manifest and re- terial containing PCBs at a concentra-
quires its use, then the generator must tion of ≥50 ppm. However, there is no
use that manifest. manifest requirement for material cur-
(d) If the consignment State does not rently below 50 ppm which derives from
supply the manifest, but the State in pre-April 18, 1978, spills of any con-
which the generator is located (i.e., centration, pre-July 2, 1979, spills of <
811
§ 761.208 40 CFR Ch. I (7–1–10 Edition)
500 ppm PCBs, or materials decontami- by some other agreed-upon means, the
nated in accordance with § 761.79. disposer or commercial storer to deter-
[54 FR 52752, Dec. 21, 1989, as amended at 63
mine whether the PCB waste has actu-
FR 35461, June 29, 1998] ally been received. If the PCB waste
has not been received, the generator
§ 761.208 Use of the manifest. shall contact the independent trans-
(a)(1) The generator of PCB waste porter to determine the disposition of
shall: the PCB waste. If the generator has not
(i) Sign the manifest certification by received a hand-signed manifest from
hand. an EPA-approved facility within 10
(ii) Obtain the handwritten signature days from the date of the telephone
of the initial transporter and date of call or other agreed upon means of
acceptance on the manifest. communication, to the independent
(iii) Retain one copy among its transporter, the generator shall submit
records in accordance with § 761.209(a). an exception report to the EPA Re-
(iv) Give to the transporter the regional Administrator for the Region in
maining copies of the manifest that which the generator is located, as spec-
will accompany the shipment of PCB ified in § 761.215. The generator shall re-
waste. tain a written record of all telephone
(2) For bulk shipments of PCB waste or other confirmations to be included
within the United States transported in the annual document log, in accord-
solely by water, the generator shall ance with § 761.180.
send three copies of the manifest dated (b)(1) A transporter shall not accept
and signed in accordance with this sec- PCB waste from a generator unless it is
tion directly to the owner or operator accompanied by a manifest signed by
of the designated commercial storage the generator in accordance with para-
or disposal facility. Copies of the mani- graph (a)(1) of this section, except that
fest are not required for each trans- a manifest is not required if any one of
porter. the following conditions exists:
(3) For rail shipments of PCB waste (i) The shipment of PCB waste con-
within the United States which origi- sists solely of PCB wastes with PCB
nate at the site of generation, the gen- concentrations below 50 ppm, unless
erator shall send at least three copies the PCB concentration below 50 ppm
of the manifest dated and signed in ac- was the result of dilution, in which
cordance with this section to: case § 761.1(b) requires that the waste
(i) The next non-rail transporter, if be managed as if it contained PCBs at
any. the concentration prior to dilution.
(ii) The designated commercial stor- (ii) The PCB waste is accepted by the
age or disposal facility if transported transporter for transport only to a
solely by rail. storage or disposal facility owned or
(4) When a generator has employed operated by the generator of the PCB
an independent transporter to trans- waste.
port the PCB waste to a commercial (2) Before transporting the PCB
storer or disposer, the generator shall waste, the transporter shall sign and
confirm by telephone, or by other date the manifest acknowledging ac-
means of confirmation agreed to by ceptance of the PCB waste from the
both parties, that the commercial stor- generator. The transporter shall return
er or disposer actually received the a signed copy to the generator before
manifested waste. The generator shall leaving the generator’s facility.
confirm receipt of the waste by close of (3) The transporter shall ensure that
business the day after he receives the the manifest accompanies the PCB
manifest hand-signed by the commer- waste.
cial storer or disposer, in accordance (4) A transporter who delivers PCB
with paragraph (c)(1)(iv) of this sec- waste to another transporter, or to the
tion. If the generator has not received designated commercial storer or dis-
the hand-signed manifest within 35 poser of PCB waste, shall:
days after the independent transporter (i) Obtain the date of delivery and
accepted the PCB waste, the generator the handwritten signature of the subse-
shall telephone, or communicate with quent transporter of PCB waste, or of
812
the owner or operator of the designated (i) The designated commercial stor-
commercial storage or disposal facility age or disposal facility listed on the
on the manifest. manifest.
(ii) Retain one copy of the manifest (ii) The next designated transporter
in accordance with § 761.209(b). of PCB waste.
(iii) Give the remaining copies of the (8) If the PCB waste cannot be deliv-
manifest to the accepting transporter ered in accordance with paragraph
of PCB waste, or to the designated (b)(7) of this section, the transporter
commercial storage or disposal facil- shall contact the generator for further
ity. directions and shall revise the manifest
(5) The requirements of paragraphs and/or return the PCB waste according
(b) (3) and (4) of this section shall not to the generator’s instructions.
apply to transporters of bulk ship- (9) No provision of this section shall
ments by water if all of the following be construed to affect or limit the ap-
conditions are met: plicability of any requirement applica-
(i) The PCB waste is delivered by ble to transporters of PCB waste under
water (bulk shipment) to the des- regulations issued by the Department
ignated commercial storage or disposal of Transportation (DOT) and set forth
facility. at 49 CFR part 171.
(ii) A shipping paper containing all (c)(1) If a commercial storage or dis-
the information required on the mani- posal facility receives an off-site ship-
fest (excluding EPA identification ment of PCB waste accompanied by a
number, generator certification, and manifest, the owner or operator, or his
signatures) accompanies the PCB agent, shall:
waste. (i) Sign and date each copy of the
(iii) The transporter delivering the manifest to certify that the PCB waste
PCB waste obtains the date of delivery covered by the manifest was received.
and handwritten signature of the (ii) Note any significant discrep-
owner or operator of the designated ancies in the manifest (as defined in
commercial storage or disposal facility § 761.210(a)(1)) on each copy of the mani-
on either the manifest or the shipping fest.
paper. (iii) Immediately give the trans-
(iv) The person delivering the PCB porter at least one copy of the signed
waste to the initial water (bulk ship- manifest.
ment) transporter obtains the date of (iv) Within 30 days after the delivery,
delivery and signature of the water send a copy of the manifest to the gen-
(bulk shipment) transporter on the erator.
manifest and forwards it to the des- (v) Retain a copy of each manifest
ignated facility. among the facility’s records in accord-
(v) A copy of the shipping paper or ance with § 761.209(d).
manifest is retained by each water (2) If a commercial storage or dis-
(bulk shipment) transporter in accord- posal facility receives PCB waste from
ance with § 761.209(b). a rail or water (bulk shipment) trans-
(6) For shipments involving rail porter accompanied by a shipping
transportation, the requirements of paper containing all the information
paragraphs (b)(3) and (b)(4) of this sec- required on the manifest except the
tion shall not apply. Instead, the re- EPA identification numbers, genera-
quirements described at § 263.20(f) of tor’s certification, and signatures, the
this chapter for the rail transportation owner or operator, or his agent, shall:
of hazardous waste apply to such ship- (i) Sign and date each copy of the
ments. The rail transporter shall re- manifest or shipping paper to certify
tain one copy of the manifest or rail that the PCB waste covered by the
shipping paper in accordance with manifest or shipping paper was re-
§ 761.209(b). ceived.
(7) The transporter shall deliver the (ii) Note any significant discrep-
entire quantity of PCB waste accepted ancies in the manifest or shipping
from a generator or transporter to ei- paper on each copy of the manifest or
ther of the following destinations: shipping paper.
813
§ 761.209 40 CFR Ch. I (7–1–10 Edition)
(iii) Immediately give the rail or 3 years from the date the PCB waste
water transporter at least one copy of was accepted by the initial transporter.
the manifest or shipping paper, if ap- (3) For shipments of PCB waste by
plicable. rail within the United States:
(iv) Within 30 days after the delivery, (i) The initial rail transporter shall
send a copy of the signed and dated keep a copy of the manifest and the
manifest to the generator; however, if shipping paper required to accompany
the manifest has not been received the PCB waste for a period of at least
within 30 days after delivery, the owner 3 years from the date the PCB waste
or operator shall send a copy of the was accepted by the initial transporter.
shipping paper signed and dated to the (ii) The final rail transporter shall
generator. keep a copy of the signed manifest, or
(v) Retain at the commercial storage the required shipping paper if signed by
or disposal facility a copy of the mani- the designated facility in lieu of the
fest and shipping paper, if signed in manifest, for a period of at least 3
lieu of the manifest, in accordance years from the date the PCB waste was
with § 761.209(d). accepted by the initial transporter.
(3) Whenever an off-site shipment of (c) The owner or operator of a PCB
PCB waste is initiated from a commer- commercial storage or disposal facility
cial storage or disposal facility, the that receives off-site shipments of PCB
owner or operator of the commercial waste shall retain at the facility for at
storage or disposal facility shall com- least 3 years a copy of each manifest or
ply with the manifest requirements shipping paper that the owner or oper-
that apply to generators of PCB waste. ator signs in accordance with § 761.208
(c)(1) or (c)(3).
§ 761.209 Retention of manifest (d) The periods of record retention re-
records. quired by this section shall be extended
(a) A generator of PCB waste shall automatically during the course of any
keep a copy of each manifest signed in outstanding enforcement action re-
accordance with § 761.208(a)(1) until the garding the regulated activity.
generator receives a signed copy from [54 FR 52752, Dec. 21, 1989, as amended at 58
the designated commercial storage or FR 34205, June 23, 1993]
disposal facility which received the
PCB waste. The copy signed by the § 761.210 Manifest discrepancies.
commercial storer or disposer shall be (a) Manifest discrepancies are dif-
retained for at least 3 years from the ferences between the quantity or type
date the PCB waste was accepted by of PCB waste designated on the mani-
the initial transporter. A generator fest or shipping paper and the quantity
subject to annual document require- or type of PCB waste actually delivered
ments under § 761.180 shall retain copies to and received by a designated facil-
of each manifest for the period re- ity.
quired by § 761.180(a). (1) Significant discrepancies in quan-
(b)(1) A transporter of PCB waste tity are:
shall keep a copy of the manifest (i) Variations greater than 10 percent
signed by the generator, transporter, in weight of PCB waste in containers.
and the next designated transporter, if (ii) Any variation in piece count,
applicable, or the owner or operator of such as a discrepancy of one PCB
the designated commercial storage or Transformer or PCB Container or PCB
disposal facility. This copy shall be re- Article Container in a truckload.
tained for a period of at least 3 years (2) Significant discrepancies in type
from the date the PCB waste was ac- of PCB waste are obvious differences
cepted by the initial transporter. which may be discovered by inspection
(2) For shipments of PCB waste deliv- or waste analysis, such as the substi-
ered to the designated commercial tution of solids for liquids or the sub-
storage or disposal facility by water stitution of high concentration PCBs
(bulk shipment), each water (bulk ship- (above 500 ppm) with lower concentra-
ment) transporter shall retain a copy tion materials.
of the shipping paper described in (b) Upon discovering a significant
§ 761.208(b)(5)(ii) for a period of at least discrepancy, the owner or operator of
814
the designated commercial storage or (1) The EPA identification number,

disposal facility shall attempt to rec- name, and address of the PCB commer-
oncile the discrepancy with the waste cial storage or disposal facility.
generator or transporter. If the dis- (2) The date the commercial storage
crepancy is not resolved within 15 days or disposal facility received the
after receiving the PCB waste, such unmanifested PCB waste.
owner or operator shall immediately (3) The EPA identification number,
submit to the Regional Administrator name, and address of the generator and
for the Region in which the designated transporter, if available.
facility is located a letter describing (4) A description of the type and
the discrepancy and attempts to rec- quantity of the unmanifested PCB
oncile it, and a copy of the manifest or waste received at the facility.
(5) A brief explanation of why the
shipping paper at issue.
waste was unmanifested, if known.
[54 FR 52752, Dec. 21, 1989, as amended at 58 (6) The disposition made of the
FR 34205, June 23, 1993] unmanifested waste by the commercial
storage or disposal facility, including:
§ 761.211 Unmanifested waste report. (i) If the waste was stored or disposed
(a) After April 4, 1990, if a PCB com- by that facility, was the generator
mercial storage or disposal facility re- identified and was a manifest subse-
ceives any shipment of PCB waste from quently supplied.
an off-site source without an accom- (ii) If the waste was sent back to the
panying manifest or shipping paper generator, why and when.
(where required in place of a manifest), [54 FR 52752, Dec. 21, 1989, as amended at 58
and any part of the shipment consists FR 34205, June 23, 1993]
of any PCB waste regulated for dis-
posal, then the owner or operator of § 761.215 Exception reporting.
the commercial storage or disposal fa- (a) A generator of PCB waste, who
cility shall attempt to contact the gen- does not receive a copy of the manifest
erator, using information supplied by with the handwritten signature of the
the transporter, to obtain a manifest owner or operator of the designated
or to return the PCB waste. PCB commercial storage or disposal fa-
(b) If the owner or operator of the cility within 35 days of the date the
commercial storage or disposal facility waste was accepted by the initial
cannot contact the generator of the transporter, shall immediately contact
PCB waste, he shall notify the Re- the transporter and/or the owner or op-
gional Administrator of the EPA re- erator of the designated facility to de-
gion in which his facility is located of termine the status of the PCB waste.
(b) A generator of PCB waste subject
the unmanifested PCB waste so that
to the manifesting requirements shall
the Regional Administrator can deter-
submit an Exception Report to the
mine whether further actions are re-
EPA Regional Administrator for the
quired before the owner or operator
Region in which the generator is lo-
may store or dispose of the
cated if the generator has not received
unmanifested PCB waste. a copy of the manifest with the hand
(c) Within 15 days after receiving the written signature of the owner or oper-
unmanifested PCB waste, the owner or ator of the designated facility within 45
operator shall prepare and submit a re- days of the date the waste was accept-
port to the Regional Administrator for ed by the initial transporter. The ex-
the Region in which the commercial ception report shall be submitted to
storage or disposal facility is located EPA no later than 45 days from the
and to the Regional Administrator for date on which the generator should
the Region in which the PCB waste have received the manifest. The Excep-
originated, if known. The report may tion Report shall include the following:
be submitted on EPA Form 8700–13B, or (1) A legible copy of the manifest for
by a written letter designated which the generator does not have con-
‘‘Unmanifested Waste Report.’’ The re- firmation of delivery.
port shall include the following infor- (2) A cover letter signed by the gener-
mation: ator or his authorized representative
815
§ 761.218 40 CFR Ch. I (7–1–10 Edition)
explaining the efforts taken to locate (2) A cover letter signed by the sub-
the PCB waste and the results of those mitter or an authorized representative
efforts. explaining:
(c) A disposer of PCB waste shall sub- (i) The date(s) when the PCBs or PCB
mit a One-year Exception Report to Items were removed from service for
the EPA Regional Administrator for disposal.
the Region in which the disposal facil- (ii) The date(s) when the PCBs or
ity is located no later than 45 days PCB Items were received by the sub-
from the end of the 1-year storage for mitter of the report, if applicable.
disposal date when the following oc- (iii) The date(s) when the affected
curs: PCBs or PCB Items were transferred to
(1) The disposal facility receives a designated disposal facility.
PCBs or PCB Items on a date more (iv) The identity of the transporters,
than 9 months from the date the PCBs commercial storers, or disposers known
or PCB Items were removed from serv- to be involved with the transaction.
ice for disposal, as indicated on the (v) The reason, if known, for the
manifest or continuation sheet; and delay in bringing about the disposal of
(2) Because of contractual commit- the affected PCBs or PCB Items within
ments or other factors affecting the fa- 1 year from the date of removal from
cility’s disposal capacity, the disposer service for disposal.
of PCB waste could not dispose of the (f) PCB/radioactive waste that is ex-
affected PCBs or PCB Items within 1 empt from the 1-year storage for dis-
year of the date of removal from serv- posal time limit pursuant to
ice for disposal. § 761.65(a)(1) is also exempt from the ex-
(d) A generator or commercial storer ception reporting requirements of para-
of PCB waste who manifests PCBs or graphs (c), (d), and (e) of this section.
PCB Items to a disposer of PCB waste [54 FR 52752, Dec. 21, 1989, as amended at 55
shall submit a One-year Exception Re- FR 26205, June 27, 1990; 58 FR 34205, June 23,
port to the EPA Regional Adminis- 1993; 63 FR 35461, June 29, 1998]
trator for the Region in which the gen-
erator or commercial storer is located § 761.218 Certificate of disposal.
no later than 45 days from the date the (a) For each shipment of manifested
following occurs: PCB waste that the owner or operator
(1) The generator or commercial stor- of a disposal facility accepts by signing
er transferred the PCBs or PCB Items the manifest, the owner or operator of
to the disposer of PCB waste on a date the disposal facility shall prepare a
within 9 months from the date of re- Certificate of Disposal for the PCBs
moval from service for disposal of the and PCB Items disposed of at the facil-
affected PCBs or PCB Items, as indi- ity, which shall include:
cated on the manifest or continuation (1) The identity of the disposal facil-
sheet; and ity, by name, address, and EPA identi-
(2) The generator or commercial stor- fication number.
er either has not received within 13 (2) The identity of the PCB waste af-
months from the date of removal from fected by the Certificate of Disposal in-
service for disposal a Certificate of Dis- cluding reference to the manifest num-
posal confirming the disposal of the af- ber for the shipment.
fected PCBs or PCB Items, or the gen- (3) A statement certifying the fact of
erator or commercial storer receives a disposal of the identified PCB waste,
Certificate of Disposal confirming dis- including the date(s) of disposal, and
posal of the affected PCBs or PCB identifying the disposal process used.
Items on a date more than 1 year after (4) A certification as defined in
the date of removal from service. § 761.3.
(e) The One-year Exception Report (b) The owner or operator of the dis-
shall include: posal facility shall send the Certificate
(1) A legible copy of any manifest or of Disposal to the generator identified
other written communication relevant on the manifest which accompanied the
to the transfer and disposal of the af- shipment of PCB waste within 30 days
fected PCBs or PCB Items. of the date that disposal of each item
816
of PCB waste identified on the mani- § 761.243 Standard wipe sample meth-
fest was completed unless the gener- od and size.
ator and the disposer contractually (a) Collect a surface sample from a
agree to another time frame. natural gas pipe segment or pipeline
(c) The disposal facility shall keep a section using a standard wipe test as
copy of each Certificate of Disposal defined in § 761.123. Detailed guidance
among the records that it retains for the entire wipe sampling process
under § 761.180(b). appears in the document entitled,
(d)(1) Generators of PCB waste shall ‘‘Wipe Sampling and Double Wash/
keep a copy of each Certificate of Dis- Rinse Cleanup as Recommended by the
posal that they receive from disposers Environmental Protection Agency PCB
of PCB waste among the records they Spill Cleanup Policy,’’ dated June 23,
retain under § 761.180(a). 1987 and revised on April 18, 1991. This
(2) Commercial storers of PCB waste document is available on EPA’s Web
shall keep a copy of each Certificate of site at http://www.epa.gov/pcb, or from
Disposal that they receive from dis- the Program Management, Commu-
posers of PCB waste among the records nications, and Analysis Office, Office of
they retain under § 761.180(b). Resource Conservation and Recovery
(5305P), Environmental Protection
[54 FR 52752, Dec. 21, 1984, as amended at 63 Agency, 1200 Pennsylvania Ave., NW.,
FR 35462, June 29, 1998] Washington, DC 20460–0001.
(b) Collect a surface sample from a
Subpart L [Reserved] minimum surface area of 100 cm2 at
each sampling site selected. The EPA
Subpart M—Determining a PCB Regional Administrator may approve,
in writing, requests to collect a sample
Concentration for Purposes of from smaller surface areas, when <100
Abandonment or Disposal of cm2 of surface eligible for sampling is
Natural Gas Pipeline: Select- present; e.g., when sampling a small di-
ing Sample Sites, Collecting ameter pipe, a small valve, or a small
Surface Samples, and Ana- regulator. When smaller surfaces are
lyzing Standard PCB Wipe sampled, convert the measurement to
Samples the equivalent measurement for 100
cm2 for purposes of comparison to
standards based on 100 cm2.
SOURCE: 63 FR 35462, June 29, 1998, unless
otherwise noted. [63 FR 35462, June 29, 1998, as amended at 72
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25,
§ 761.240 Scope and definitions. 2009]
(a) Use these procedures to select § 761.247 Sample site selection for pipe
surface sampling sites for natural gas segment removal.
pipe to determine its PCB surface con- (a) General. (1) Select the pipe seg-
centration for abandonment-in-place or ments to be sampled by following the
removal and disposal off-site in accord- directions in paragraph (b) of this sec-
ance with § 761.60(b)(5). tion.
(b) ‘‘Pipe segment’’ means a length of (2) Locate the proper position along
natural gas pipe that has been removed the length of the pipe segment that
from the pipeline system to be disposed you have selected for sampling, by fol-
of or reused, and that is usually ap- lowing the directions in paragraph (c)
proximately 12.2 meters (40 feet) or of this section.
shorter in length. Pipe segments are (3) Select the proper sampling posi-
usually linear. tion around the circumference of the
(c) ‘‘Pipeline section’’ means a length pipe segment that you have selected
of natural gas pipe that has been cut or for sampling, by following the direc-
otherwise separated from the active tions in paragraph (d) of this section.
pipeline, usually for purposes of aban- (4) Prior to removing pipe from the
donment, and that is usually longer ground or lifting the pipe from its loca-
than 12.2 meters in length. Pipeline tion during former operations, mark
sections may be branched. the top side of the pipe.
817
§ 761.247 40 CFR Ch. I (7–1–10 Edition)
(5) Do not sample if there are free- the first pipe segment has the number
flowing liquids in the pipe segment. 1, add 64 to 1 to select segment 65.
Free-flowing liquids must be removed Next, add 64 to 65 to select segment 129.
prior to sampling. Continue in this fashion to select all
(b) Selecting pipe segments to sample. seven segments: 1, 65, 129, 193, 257, 321,
Select the pipe segment(s) that you and 383.
will sample from a length of pipe or (iii) When removing a length of pipe
group of pipe segments, as follows: having multiple contiguous segments
(1) Do not sample a pipe segment more than 3 miles in total length for
that is longer than 12.2 meters (40 feet). purposes of disposal, take samples of
If a segment is longer than 12.2 meters each segment that is 1⁄2 mile distant
in length, cut the segment so that all from the segment previously sampled.
resulting segments are 12.2 meters or Sample a minimum of seven segments.
less in length. (c) Selecting the sampling position—
(2) Determine which pipe segments to length. Select the sampling position
sample as follows: along the length of the pipe segment,
(i) When a length of pipe having as follows:
seven or fewer segments is removed for (1) Take samples at the end upstream
purposes of disposal, sample each pipe of the former gas flow of each segment
segment. removed.
(ii) When removing a length of pipe (2) If the pipe segment is cut with a
having multiple contiguous segments torch or other high temperature heat
less than 3 miles in total length, take source, take the sample at least 15 cm
samples from a total of seven seg- (6 inches) inside the cut end of the pipe
ments. segment.
(A) Sample the first and last seg- (3) If the pipe segment is cut with a
ments removed. saw or other mechanical device, take
(B) Select the five additional seg- the sample at least 2 cm (1 inch) inside
ments according to one of the two fol- the end of the pipe segment.
lowing procedures: (4) If the sample site location se-
(1) Assign all segments a unique selected in the procedure at paragraph
quential number. Then select five num- (c)(2) or (c)(3) of this section is a porous
bers using a random number table or surface (for example, there is signifi-
random number generator. If the ran- cant corrosion so that the wipe mate-
dom number generator or random num- rial will be shredded), then move the
ber table produces either the first pipe sample site further inside the pipe seg-
segment, the last pipe segment, or any ment (away from the end of the pipe or
previously selected segment, select an- pipe segment) until there is no such po-
other random number until there are rous surface. For purposes of this sub-
seven different numbers, each cor- part, natural gas pipe with a thin po-
responding to a different pipe segment. rous corrosion preventive coating is a
(2) Divide the total number of seg- non-porous surface.
ments by six. Round the resulting (5) If there is not a non-porous sur-
quotient off to the nearest whole num- face accessible by paragraphs (c)(2) and
ber. The resulting number is the inter- (c)(3) of this section, use one of the fol-
val between the segments you will lowing three options:
sample. For example, cut a 2.9 mile (i) Sample the downstream end of the
length of pipeline into 383 segments of pipe segment using the same sample
approximately 40 feet each. Sample the site location procedure as for the up-
first (number 1) and last (number 383) stream end.
segments. To determine which addi- (ii) Select another pipe segment
tional five segments to sample, divide using the random selection procedure
the total number of segments, 383, by 6. described in paragraph (b) of this sec-
Round up the resulting number in this tion.
example, 63.8, to the next whole num- (iii) If there is no other pipe segment
ber, 64. Add 64 to the number of each in the population to be sampled and
preceding pipe segment five separate both ends of a pipe segment have po-
times to select five additional pipe seg- rous surfaces at all possible sample col-
ments for sampling. In this example, lection sites, then assume that the pipe
818
segment contains ≥50 ppm PCB but <500 smaller sections to be a separate aban-
ppm PCB. donment and sample each one, at a
(d) Selecting the sample position—cir- minimum, at all ends.
cumference. Based on the mark on the (3) Use the following procedure to lo-
top of the pipe segment made prior to cate representative sample collection
removing pipe from the ground or lift- sites in pipeline sections at points
ing the pipe from its location during other than the suction and pressure
former operations, sample the inside side of compressor stations, or the ends
center of the bottom of the pipe being of the pipeline section to be abandoned.
sampled. Make sure the sample is cen- (i) First, assign a unique identifying
tered on the bottom of the pipe seg- sequential number to each kilometer
ment; that is, sample an equal area on or fraction of a kilometer length of
both sides of the middle of the bottom pipe within the entire pipeline section.
of the pipe segment for the entire (ii) Use a random number table or a
length of the sample. random number generator to select
each representative sample collection
FR 33762, June 24, 1999]
site from a complete list of the sequen-
tial identification numbers.
§ 761.250 Sample site selection for (iii) Samples may be collected by re-
pipeline section abandonment. moving any covering soil, cutting the
This procedure is for the sample site pipe to gain access to the sampling lo-
selection for a pipeline section to be cation, and collecting the surface sam-
abandoned, in accordance with ple with the pipe in place, rather than
§ 761.60(b)(5)(i)(B). completely removing the pipeline sec-
(a) General. (1) Select sample collec- tions to collect the surface sample.
tion sites in the pipeline section(s) by [63 FR 35462, June 29, 1998, as amended at 64
following the directions in paragraph FR 33762, June 24, 1999]
(b) of this section.
(2) Select the proper sampling posi- § 761.253 Chemical analysis.
tion along the pipe by following the di- (a) Extract PCBs from the standard
rections in § 761.247 (c) and (d). wipe sample collection medium and
(3) Assure, by visual inspection, the clean-up the extracted PCBs in accord-
absence of free-flowing liquids in the ance with either Method 3500B/3540C or
pipe by affirming no liquids at all liq- Method 3500B/3550B from EPA’s SW-846,
uid collection points and all ends of the Test Methods for Evaluating Solid
pipeline section to be abandoned. Waste, or a method validated under
(b) Selection sample collection sites. At subpart Q of this part. Use Method 8082
a minimum, sample all ends of all pipe- from SW-846, or a method validated
line sections to be abandoned in place. under subpart Q of this part, to analyze
(1) If the pipeline section to be aban- these extracts for PCBs.
doned is between the pressure side of (b) Report all PCB sample concentra-
one compressor station and the suction tions in μg/100 cm2 (16 square inches) of
side of the next compressor station surface sampled. If sampling an area
downstream of the former gas flow, at smaller than 100 cm2, report converted
a minimum, sample all ends of the sample concentrations in accordance
abandoned pipe. with § 761.243(b).
(2) If the pipeline section to be aban-
doned is longer than the distance be- § 761.257 Determining the regulatory
tween the pressure side of one com- status of sampled pipe.
pressor station and the suction side of (a) For purposes of removal for dis-
the next compressor station down- posal of a pipe segment that has been
stream of the former gas flow, divide sampled, the sample results for that
the pipeline section, for purposes of segment determines its PCB surface
sampling, into smaller pipeline sec- concentration. Determine the PCB sur-
tions no longer than the distance from face concentration of a segment which
the pressure side of one compressor was not sampled as follows:
station to the suction side of the next (1) If the unsampled pipe segment is
compressor station downstream of the between two pipe segments which have
former gas flow. Consider each of the been sampled, assume that the
819
§ 761.260 40 CFR Ch. I (7–1–10 Edition)
unsampled segment has the same PCB that is not in a container and porous
surface concentration as the nearest surfaces.
sampled pipe segment. (b) Use the following procedures to
(2) If an unsampled pipe segment is sample bulk PCB remediation waste
equidistant between two pipe segments that is in a single container.
which have been sampled, assume the (1) Use a core sampler to collect a
PCB surface concentration of the minimum of one core sample for the
unsampled segment to be the arith- entire depth of the waste at the center
metic mean of the PCB surface con- of the container. Collect a minimum of
centrations measured in the two equi- 50 cm3 of waste for analysis.
distant, sampled, pipe segments. (2) If more than one core sample is
(b) For purposes of abandonment of a taken, thoroughly mix all samples into
pipeline section, assume that the PCB a composite sample. Take a subsample
surface concentration for an entire of a minimum of 50 cm3 from the mixed
pipeline section is the arithmetic mean composite for analysis.
of the PCB surface concentrations (c) Use the following procedures to
measured at the ends of the pipeline sample bulk PCB remediation waste
section. If additional representative that is in more than one container.
samples were taken in a pipeline sec- (1) Segregate the containers by type
tion, assume that the PCB surface con- (for example, a 55-gallon drum and a
centration for the entire pipeline sec- roll-off container are types of con-
tion is the arithmetic mean of the containers).
centrations measured in all representa- (2) For fewer than three containers of
tive samples taken. the same type, sample all containers.
(c) For purposes of removal for dis-
(3) For more than three containers of
posal under § 761.60(b)(5)(ii)(A)(1) or
the same type, list the containers and
abandonment under § 761.60(b)(5)(i)(B),
assign each container an unique se-
if the surface PCB concentration of a
quential number. Use a random number
pipe segment, determined by direct
generator or table to select a minimum
measurement or in accordance with
of 10 percent of the containers from the
paragraph (a) of this section, or of a
list, or select three containers, which-
pipeline section as determined in ac-
ever is the larger.
cordance with paragraph (b) of this sec-
(4) Sample the selected container(s)
tion, is >10 μg/100 cm2, but <100 μg/100
according to paragraph (b) of this sec-
cm2, then that segment or section is
tion.
PCB-Contaminated.
§ 761.267 Sampling non-porous sur-
Subpart N—Cleanup Site Charac- faces.
terization Sampling for PCB (a) Sample large, nearly flat, non-po-
Remediation Waste in Ac- rous surfaces by dividing the surface
cordance with § 761.61(a)(2) into roughly square portions approxi-
mately 2 meters on each side. Follow
SOURCE: 63 FR 35464, June 29, 1998, unless the procedures in § 761.302(a).
otherwise noted. (b) It is not necessary to sample
small or irregularly shaped surfaces.
§ 761.260 Applicability.
This subpart provides a method for § 761.269 Sampling liquid PCB remedi-
collecting new data for characterizing ation waste.
a PCB remediation waste cleanup site (a) If the liquid is single phase, col-
or for assessing the sufficiency of exist- lect and analyze one sample. There are
ing site characterization data, as re- no required procedures for collecting a
quired by § 761.61(a)(2). sample.
(b) If the liquid is multi-phasic, sepa-
§ 761.265 Sampling bulk PCB remedi- rate the phases, and collect and ana-
ation waste and porous surfaces. lyze a sample from each liquid phase.
(a) Use a grid interval of 3 meters and There are no required procedures for
the procedures in §§ 761.283 and 761.286 collecting a sample from each single
to sample bulk PCB remediation waste phase liquid.
820
(c) If the liquid has a non-liquid Confirmation of compliance with the

phase which is >0.5 percent by total cleanup levels in § 761.61(a)(4) is only
weight of the waste, separate the non- verifiable for the area sampled in ac-
liquid phase from the liquid phase and cordance with this subpart. Do not
sample it separately as a non-liquid in make conclusions or extrapolations
accordance with § 761.265. about PCB concentrations outside of
the area which has been cleaned up and
§ 761.272 Chemical extraction and
analysis of samples. verified based on the results of this
verification sampling.
Use either Method 3500B/3540C or
Method 3500B/3550B from EPA’s SW-846, § 761.283 Determination of the number
Test Methods for Evaluating Solid of samples to collect and sample
Waste, or a method validated under collection locations.
subpart Q of this part, for chemical ex- This section addresses how to deter-
traction of PCBs from individual and
mine the number of samples to collect
composite samples of PCB remediation
and sample collection locations for
waste. Use Method 8082 from SW-846, or
bulk PCB remediation waste and po-
a method validated under subpart Q of
this part, to analyze these extracts for rous surfaces destined to remain at a
PCBs. cleanup site after cleanup.
(a) Minimum number of samples. (1) At
§ 761.274 Reporting PCB concentra- each separate cleanup site at a PCB re-
tions in samples. mediation waste location, take a min-
(a) Report all sample concentrations imum of three samples for each type of
for non-liquid PCBs on a dry weight bulk PCB remediation waste or porous
basis as micrograms of PCBs per gram surface at the cleanup site, regardless
of sample (ppm by weight). Report sur- of the amount of each type of waste
face sampling results as μg/100 cm2. Di- that is present. There is no upper limit
vide 100 cm2 by the surface area and to the number of samples required or
multiply this quotient by the total allowed.
number of micrograms of PCBs on the (2) This is an example of how to cal-
surface to obtain the equivalent meas- culate the minimum number of re-
urement of micrograms per 100 cm2. quired samples at a PCB remediation
(b) Report all sample concentrations waste location. There are three dis-
for liquid PCBs on a wet weight basis tinct cleanup sites at this example lo-
as micrograms of PCBs per gram of cation: a loading dock, a transformer
sample (ppm by weight). storage lot, and a disposal pit. The
minimum number of samples to take
Subpart O—Sampling To Verify appears in parentheses after each type
Completion of Self-Imple- of waste for each cleanup site. The PCB
menting Cleanup and On-Site remediation wastes present at the load-
Disposal of Bulk PCB Remedi- ing dock are concrete (three samples)
ation Waste and Porous Sur- and clay soil (three samples). The non-
faces in Accordance With liquid PCB remediation wastes present
§ 761.61(a)(6) at the transformer storage lot are oily
soil (three samples), clay soil (three
samples) and gravel (three samples).
otherwise noted. The PCB remediation wastes present at
the disposal pit are sandy soil (three
§ 761.280 Application and scope. samples), clay soil (three samples), oily
Follow the procedures in this subpart soil (three samples), industrial sludge
when sampling to verify completion of (three samples), and gravel (three sam-
the cleanup for self-implementing, on- ples).
site disposal of bulk PCB remediation (b) Selection of sample locations—gen-
waste and porous surfaces consistent eral. (1)(i) Use a square-based grid sys-
with the levels of § 761.61(a)(4)(i) and tem to overlay the entire area to be
(iii). The objective of this subpart is sampled. Orient the grid axes on a
not to search for new contamination. magnetic north-south line centered in
821
§ 761.286 40 CFR Ch. I (7–1–10 Edition)
the area and an east-west axis perpen- in centimeters (or inches) the max-
dicular to the magnetic north-south imum magnetic east-west dimension of
axis also centered in the area. the area to be sampled. Designate the
(ii) If the site is recleaned based on north-south and east-west dimensions
the results of cleanup verification con- (describing the west and south bound-
ducted in accordance with § 761.61(a)(6), aries, respectively, of the area to be
follow the procedures in paragraph (b) sampled), as the reference axes of a
of this section for locating sampling square-based grid system.
points after the recleaning, but reori- (ii) Use a random number table or
ent the grid axes established in para- random number generator to select a
graph (b)(1)(i) of this section by moving pair of coordinates that will locate the
the origin one meter in the direction of sample within the area to be sampled.
magnetic north and one meter in the The first coordinate in the pair is the
direction east of magnetic north. measurement on the north-south axis.
(2) Mark out a series of sampling The second coordinate in the pair is
points 1.5 meters apart oriented to the the measurement on the east-west axis.
grid axes. The sampling points shall Collect the sample at the intersection
proceed in every direction to the ex- of an east-west line drawn through the
tent sufficient to result in a two-di- measured spot on the north-south axis,
mensional grid completely overlaying and a north-south line drawn through
the sampling area. the measured spot on the east-west
(3) Collect a sample at each point if axis. If the cleanup site is irregularly
the grid falls in the cleanup area. Ana- shaped and this intersection falls out-
lyze all samples either individually or side the cleanup site, select a new pair
according to the compositing schemes of sampling coordinates. Continue to
provided in the procedures at § 761.289. select pairs of sampling coordinates
So long as every sample collected at a until three are selected for each type of
grid point is analyzed as either an indi- bulk PCB remediation waste or porous
vidual sample or as part of a composite
surface at the cleanup site.
sample, there are no other restrictions
(d) Area of inference. Analytical re-
on how many samples are analyzed.
sults for an individual sample point
(c) Selection of sample locations—small
cleanup sites. When a cleanup site is apply to the sample point and to an
sufficiently small or irregularly shaped area of inference extending to four
that a square grid with a grid interval imaginary lines parallel to the grid
of 1.5 meters will not result in a min- axes and one half grid interval distant
imum of three sampling points for each from the sample point in four different
type of bulk PCB remediation waste or directions. The area of inference forms
porous surface at the cleanup site, a square around the sample point. The
there are two options. sides of the square are parallel to the
(1) Use a smaller square grid interval grid axes and one grid interval in
and the procedures in paragraph (b) of length. The sample point is in the cen-
this section. ter of the square area of inference. The
(2) Use the following coordinate- area of inference from a composite
based random sampling scheme. If the sample is the total of the areas of the
site is recleaned based on the results of individual samples included in the
cleanup verification conducted in ac- composite.
cordance with § 761.61(a)(6), follow the
procedures in this section for locating § 761.286 Sample size and procedure
for collecting a sample.
sampling points after the recleaning,
but select three new pairs of sampling At each selected sampling location
coordinates. for bulk PCB remediation waste or po-
(i) Beginning in the southwest corner rous surfaces, collect at least 20 milli-
(lower left when facing magnetic liters of waste, or a portion of suffi-
north) of the area to be sampled, meas- cient weight for the chemical analyst
ure in centimeters (or inches) the max- to measure the concentration of PCBs
imum magnetic north-south dimension and still have sufficient analytical de-
of the area to be sampled. Next, begin- tection sensitivity to reproducibly
ning in the southwest corner, measure measure PCBs at the levels designated
822
in § 761.61(a)(4). Use a core sampler hav- imum dimensions of the area enclosing
ing a diameter ≥2 cm and ≤3 cm. Collect a nine grid point composite is two grid
waste to a maximum depth of 7.5 cms. intervals bounded by three collinear
grid points (3.0 meters or approxi-
§ 761.289 Compositing samples. mately 10 feet long). Take all samples
Compositing is a method of com- in the composite at the same depth.
bining several samples of a specific Assure that composite sample areas
type of bulk PCB remediation waste or and individually analyzed samples
porous surface from nearby locations completely overlay the cleanup site.
for a single chemical analysis. There (ii) The second procedure is for a sin-
are two procedures for compositing gle point source of contamination, such
bulk PCB remediation waste samples. as discharge into a large containment
These procedures are based on the area (e.g., pit, waste lagoon, or evapo-
method for selecting sampling site lo- ration pond), or a leak onto soil from a
cations in § 761.283(b) and (c). The single single drum or tank. Single point
chemical analysis of a composite sam- source contamination may be from a
ple results in an averaging of the con- one-time or continuous contamination.
centrations of its component samples. Composites come from two stages: an
The area of inference of a composite is initial compositing area centered in
determined by the area of inference of the area to be sampled, and subsequent
each of its component samples as de- compositing areas forming concentric
scribed in § 761.283(d). Compositing is square zones around the initial
not mandatory. However, if compositing area. The center of the
compositing is used, it must be per- initial compositing area and each of
formed in accordance with the fol- the subsequent compositing areas is
lowing procedures. the origin of the grid axes.
(a) Compositing in the field or in a lab- (A) Definition of the initial compositing
oratory. Compositing may occur either area. The initial compositing area is
in the field or in a laboratory. Prepare based on a square that contains nine
composite samples using equal volumes grid points, is centered on the grid ori-
of each constituent or component sam- gin, and has sides two grid intervals
ple. Composited samples must be from long. The initial compositing area has
the same type of bulk PCB remediation the same center as this square and
waste or porous surface (see the exam- sides one half a grid interval more dis-
ple at § 761.283(a)(2)). Mix composite tant from the center than the square.
samples thoroughly. From each well- The initial compositing area has sides
mixed composite sample, take a por- three grid intervals long.
tion of sufficient weight for the chem- (B) Definition of subsequent
ical analyst to measure the concentra- compositing areas. Subsequent com-
tion of PCBs and still have sufficient posite sampling areas are in concentric
analytical detection sensitivity to square zones one grid interval wide
reproducibly measure PCBs at the lev- around the initial compositing area
els designated in § 761.61(a)(4). and around each successive subsequent
(b)(1) Compositing from samples col- compositing area. The inner boundary
lected at grid points in accordance with of the first subsequent compositing
§ 761.283(b). There are two kinds of com- area is the outer boundary of the ini-
posite sampling procedures depending tial compositing area. The outer
on the original source of contamina- boundary of the first subsequent
tion of the site. compositing area is centered on the
(i) The first procedure is for sites grid origin, has sides one grid interval
with multiple point sources of con- more distant from the grid origin than
tamination (such as an old electrical the inner boundary, and is two grid in-
equipment storage area, a scrap yard, tervals longer on a side than the inner
or repair shop) or for unknown sources boundary. The inner boundary of each
of contamination. Under this further subsequent compositing area is
compositing scheme, composite a max- the outer boundary of the previous sub-
imum of nine samples for each type of sequent compositing area. The outer
bulk PCB remediation waste or porous boundary of each further subsequent
surface at the cleanup site. The max- compositing area is centered on the
823
§ 761.292 40 CFR Ch. I (7–1–10 Edition)
grid origin, has sides one grid interval § 761.295 Reporting and recordkeeping
more distant from the grid origin than of the PCB concentrations in sam-
the inner boundary, and is two grid in- ples.
tervals longer on a side than the inner (a) Report all sample concentrations
boundary. for bulk PCB remediation waste and
(C) Taking composite samples from the porous surfaces on a dry weight basis
initial and subsequent compositing areas. and as micrograms of PCBs per gram of
(1) Select composite sampling areas sample (ppm by weight).
from the initial compositing area and (b) Record and keep on file for 3 years
subsequent compositing areas such the PCB concentration for each sample
that all grid points in the initial or composite sample.
compositing area and subsequent
compositing areas are part of a com- § 761.298 Decisions based on PCB con-
posite or individual sample. centration measurements resulting
(2) A person may include in a single from sampling.
composite sample a maximum of all (a) For grid samples which are chemi-
nine grid points in the initial cally analyzed individually, the PCB
compositing area. The maximum num- concentration applies to the area of in-
ber of grid points in a composite sam- ference as described in § 761.283(d).
ple taken from a subsequent (b) For grid samples analyzed as part
compositing area is eight. These eight of a composite sample, the PCB con-
grid points must be adjacent to one an- centration applies to the area of infer-
other in the subsequent compositing ence of the composite sample as de-
area, but need not be collinear. scribed in § 761.283(d) (i.e., the area of
(2) Compositing from samples taken at inference is the total of the areas of
grid points or pairs of coordinates in ac- the individual samples included in the
cordance with § 761.283(c). Samples col- composite).
lected at small sites are based on se- (c) For coordinate pair samples ana-
lecting pairs of coordinates or using lyzed as part of a composite sample, in
the sample site selection procedure for accordance with §§ 761.283(c)(2) and
grid sampling with a smaller grid in- 761.289(b)(2)(ii), the PCB concentration
terval. applies to the entire cleanup site.
(i) Samples collected from a grid having
a smaller grid interval. Use the proce- Subpart P—Sampling Non-Porous
dure in paragraph (b)(1)(i) of this sec- Surfaces for Measurement-
tion to composite samples and deter- Based Use, Reuse, and On-
mine the area of inference for com-
posite samples.
Site or Off-Site Disposal Under
(ii) Samples collected from pairs of co-
§ 761.61(a)(6) and Decon-
ordinates. All three samples must be tamination Under
composited. The area of inference for § 761.79(b)(3)
the composite is the entire area sam-
pled. SOURCE: 63 FR 35467, June 29, 1998, unless
otherwise noted.
§ 761.292 Chemical extraction and
analysis of individual samples and § 761.300 Applicability.
composite samples.
This subpart provides sample site se-
Use either Method 3500B/3540C or lection procedures for large, nearly flat
Method 3500B/3550B from EPA’s SW-846, non-porous surfaces, and for small or
Test Methods for Evaluating Solid irregularly shaped non-porous surfaces.
Waste, or a method validated under This subpart also provides procedures
subpart Q of this part, for chemical ex- for analyzing the samples and inter-
traction of PCBs from individual and preting the results of the sampling.
composite samples of PCB remediation Any person verifying completion of
waste. Use Method 8082 from SW-846, or self-implementing cleanup and on-site
a method validated under subpart Q of disposal of non-porous surfaces under
this part, to analyze these extracts for § 761.61(a)(6), or verifying that decon-
PCBs. tamination standards under
824
§ 761.79(b)(3) are met, must use these meet the applicable standards or lev-
procedures. els, surfaces may be recleaned and re-
sampled. When resampling surfaces
§ 761.302 Proportion of the total sur- previously sampled to verify cleanup
face area to sample. levels, use the sampling procedures in
(a) Large nearly flat surfaces. Divide §§ 761.306 through 761.316 to resample
the entire surface into approximately 1 the surfaces. If any sample site se-
meter square portions and mark the lected coincides with a previous sam-
portions so that they are clearly iden- pling site, restart the sample selection
tified. Determine the sample location process until all resampling sites are
in each portion as directed in § 761.304. different from any previous sampling
(1) For large nearly flat surfaces con- sites.
taminated by a single source of PCBs
with a uniform concentration, assign § 761.306 Sampling 1 meter square sur-
each 1 meter square surface a unique faces by random selection of halves.
sequential number. (a) Divide each 1 meter square por-
(i) For three or fewer 1 meter square tion where it is necessary to collect a
areas, sample all of the areas. surface wipe test sample into two equal
(ii) For four or more 1 meter square (or as nearly equal as possible) halves.
areas, use a random number generator For example, divide the area into top
or table to select a minimum of 10 per- and bottom halves or left and right
cent of the areas from the list, or to se- halves. Choose the top/bottom or left/
lect three areas, whichever is more. right division that produces halves
(2) For other large nearly flat sur-
having as close to the shape of a circle
faces, sample all of the one meter
as possible. For example, a square is
square areas.
closer to the shape of a circle than is a
(b) Small or irregularly shaped surfaces.
rectangle and a rectangle having a
For small surfaces having irregular
length to width ratio of 2:1 is closer to
contours, such as hand tools, natural
the shape of a circle than a rectangle
gas pipeline valves, and most exterior
having a length to width ratio of 3:1.
surfaces of machine tools, sample the
entire surface. Any person may select (b) Assign a unique identifier to each
sampling locations for small, nearly half and then select one of the halves
flat surfaces in accordance with for further sampling with a random
§ 761.308 with the exception that the number generator or other device (i.e.,
maximum area in § 761.308(a) is <1 by flipping a coin).
meter square. (c) Continue selecting progressively
(c) Preparation of surfaces. Drain all smaller halves by dividing the pre-
free-flowing liquids from surfaces and viously selected half, in accordance
brush off dust or loose grit. with paragraphs (a) and (b) of this sec-
tion, until the final selected half is
§ 761.304 Determining sample location. larger than or equal to 100 cm2 and
(a) For 1 square meter non-porous smaller than 200 cm2.
surface areas having the same size and (d) Perform a standard PCB wipe test
shape, it is permissible to sample the on the final selected halves from each 1
same 10 cm by 10 cm location or posi- meter square portion.
tion in each identical 1 square meter (e) The following is an example of ap-
area. This location or position is deter- plying sampling by halves. Assume
mined in accordance with § 761.306 or that the area to sample is a 1 meter
§ 761.308. square surface area (a square that has
(b) If some 1 square meter surfaces sides 1 meter long). Assign each half to
for a larger non-porous surface area one face of a coin. After flipping the
have different sizes and shapes, sepa- coin, the half assigned to the face of
rately select the 10 cm by 10 cm sam- the coin that is showing is the half se-
pling position for each different 1 lected.
square meter surface in accordance (1) Selecting the first half:
with § 761.308. (i) For a square shape the top/bottom
(c) If non-porous surfaces have been halves have the same shape as the left/
cleaned and the cleaned surfaces do not right halves when compared to a circle,
825
§ 761.308 40 CFR Ch. I (7–1–10 Edition)
i.e., regardless of which way the sur- the same shape when compared to a
face is divided, each half is 1 half meter circle (both are rectangles having the
wide by 1 meter long. Therefore, divide same dimensions). Therefore, choose
the area either top/bottom or left/right. either left/right or top/bottom halves.
For selecting the first half, this exam- This example will select from left/right
ple will select from left/right halves. halves.
(ii) A coin flip selects the left half. (ii) A coin flip selects the right half.
The dimensions of this selected surface The dimensions of the selected surface
area are 1 meter high and 1⁄2 meter are 1⁄8 meter by 1⁄4 meter.
wide. (6) Selecting the sixth half:
(2) Selecting the second half: (i) If the next selection of halves was
(i) If the next selection of halves was left/right, the halves would be rectan-
left/right, the halves would be rectangles four times as long as they are wide
gles four times as long as they are wide (1⁄16 meter wide and 1⁄4 meter high.
(1⁄4 meter wide and 1 meter high). Halves selected from top/bottom would
Halves selected from top/bottom would be square (1⁄8 meter on a side). There-
be square (1⁄2 meter on a side). There- fore, select the next halves top/bottom,
fore, select the next halves top/bottom, because the shape of the top/bottom
because the shape of the top/bottom halves (square) are closer to the shape
halves (square) is closer to the shape of of a circle than the shape of the left/
a circle than the shape of the left/right
right halves (long narrow rectangles).
halves (long narrow rectangles).
(ii) A coin flip selects the top half.
(ii) A coin flip selects the top half.
The dimensions of this selected surface
The dimensions of this selected surface
area are 1⁄2 meter high and 1⁄2 meter are 1⁄8 meter high and 1⁄8 meter wide or
wide. 12.5 cm by 12.5 cm.
(3) Selecting the third half: (7) Collect a standard wipe test sam-
(i) Just as for the selection of the ple in the sixth half. Since the dimen-
first half, which divided the original sions of half of the sixth half would be
square area, both the left/right and the 12.5 cm by 6.25 cm, the area (approxi-
top/bottom halves have the same shape mately 78 cm2) would be less than the
when compared to a circle (both are required 100 cm2 minimum area for the
rectangles having the same dimen- standard wipe test. Therefore, no fur-
sions). Therefore, choose either left/ ther sampling by halves is necessary.
right or top/bottom halves. This exam- Take the standard wipe test samples of
ple will select from left/right halves. the entire selected sixth half.
(ii) A coin flip selects the right half.
The dimensions of this selected surface § 761.308 Sample selection by random
number generation on any two-di-
are 1⁄4 meter by 1⁄2 meter. mensional square grid.
(4) Selecting the fourth half:
(i) If the next selection of halves was (a) Divide the surface area of the
left/right, the halves would be rectan- non-porous surface into rectangular or
gles four times as long as they are wide square areas having a maximum area
(1⁄8 meter wide and 1⁄2 meter high. of 1 square meter and a minimum di-
Halves selected from top/bottom would mension of 10 centimeters.
be square (1⁄4 meter on a side). There- (b) Measure the length and width, in
fore, select the next halves top/bottom, centimeters, of each area created in
because the shape of the top/bottom paragraph (a) of this section. Round off
halves (square) are closer to the shape the number of centimeters in the
of a circle than the shape of the left/ length and the width measurements to
right halves (long narrow rectangles). the nearest centimeter.
(ii) A coin flip selects the bottom (c) For each 1 square meter area cre-
half. The dimensions of this selected ated in accordance with paragraph (a)
surface area are 1⁄4 meter high and 1⁄4 of this section, select two random num-
meter wide. bers: one each for the length and width
(5) Selecting the fifth half: borders measured in paragraph (b) of
(i) Just as for the selection of the this section. An eligible random num-
first and third halves, both the left/ ber can be from zero up to the total
right and the top/bottom halves have width, minus 10 centimeters.
826
(d) Locate the 10 centimeter by 10 posite a maximum of three adjacent

centimeter sample. samples.
(1) Orient the 1 square meter surface (b) Compositing samples from surfaces
area so that, when you are facing the to be disposed of off-site or on-site. (1)
area, the length is left to right and the For small or irregularly shaped sur-
width is top to bottom. The origin, or faces, composite a maximum of three
reference point for measuring selected adjacent samples.
random numbers of centimeters to the (2) For large nearly flat surfaces,
sampling area, is on the lower left cor- composite a maximum of 10 adjacent
ner when facing the surface. samples.
(2) Mark the random number selected
for the length distance, in centimeters, § 761.314 Chemical analysis of stand-
from the origin to the right (at the bot- ard wipe test samples.
tom of the area away from the origin).
Perform the chemical analysis of
(3) From the marked length distance standard wipe test samples in accord-
on the bottom of the area, move per- ance with § 761.272. Report sample re-
pendicularly up from the bottom of the
sults in micrograms per 100 cm2.
area into the area for the distance ran-
domly selected for the width. § 761.316 Interpreting PCB concentra-
(4) Use the point determined in para- tion measurements resulting from
graph (d)(3) of this section as the lower this sampling scheme.
left corner of the 10 centimeter by 10
(a) For an individual sample taken
centimeter sample.
from an approximately 1 meter square
§ 761.310 Collecting the sample. portion of the entire surface area and
not composited with other samples, the
Use the standard wipe test as defined status of the portion is based on the
in § 761.123 to sample one 10 centimeter surface concentration measured in that
by 10 centimeter square (100 cm2) area sample. If the sample surface con-
to represent surface area PCB concentration is not equal to or lower
centrations of each square meter or
than the cleanup level, by inference the
fraction of a square meter of a nearly
entire 1 meter area, and not just the
flat, non-porous surface. For small sur-
immediate area where the sample was
faces, use the same procedure as for the
standard wipe test, only sample the en- taken, is not equal to or lower than the
tire area, rather than 10 centimeter by cleanup level.
10 centimeter squares. (b) For areas represented by the
measurement results from compositing
§ 761.312 Compositing of samples. more than one 10 centimeter by 10 cen-
timeter sample, the measurement for
For a surface originally contami-
nated by a single source of PCBs with the composite is the measurement for
a uniform concentration, it is permis- the entire area. For example, when
sible to composite surface wipe test there is a composite of 10 standard
samples and to use the composite wipe test samples representing 9.5
measurement to represent the PCB square meters of surface area and the
concentration of the entire surface. result of the analysis of the composite
Composite samples consist of more is 20 μg/100 cm2, then the entire 9.5
than one sample gauze extracted and square meters has a PCB surface con-
chemically analyzed together resulting centration of 20 μg/100 cm2, not just the
in a single measurement. The com- area in the 10 cm by 10 cm sampled
posite measurement represents an areas.
arithmetic mean of the composited (c) For small surfaces having irreg-
samples. ular contours, where the entire surface
(a) Compositing samples from surfaces was sampled, measure the surface area.
to be used or reused. For small or irregu- Divide 100 cm2 by the surface area and
larly shaped surfaces or large nearly multiply this quotient by the total
flat surfaces, if the surfaces are con- number of micrograms of PCBs on the
taminated by a single source of PCBs surface to obtain the equivalent meas-
with a uniform concentration, com- urement of micrograms per 100 cm2.
827
§ 761.320 40 CFR Ch. I (7–1–10 Edition)
Subpart Q—Self-Implementing Al- would have to be present in the com-

ternative Extraction and parison study compounds at the same
levels found, or at the highest levels
Chemical Analysis Procedures expected to be found, in the PCB reme-
for Non-liquid PCB Remedi- diation waste. As another example, for
ation Waste Samples PCB remediation waste which had been
solvent washed with liquid amines to
SOURCE: 63 FR 35468, June 29, 1998, unless remove PCBs, comparison study sam-
otherwise noted. ples would have to contain concentra-
tions of these amines at the same lev-
§ 761.320 Applicability. els found, or at the highest levels ex-
This subpart describes self-imple- pected to be found, in the PCB remedi-
menting comparison testing require- ation waste.
ments for chemical extraction and (b) Prior to initiating the comparison
chemical analysis methods used as an study, confirm the following PCB con-
alternative to the methods required in centrations in the comparison study
§§ 761.272 or 761.292. Any person con- samples using the methods specified in
ducting comparison testing under this § 761.292. All samples of non-liquid PCB
subpart must comply with the require- remediation waste must have PCB con-
ments of § 761.80(i), including notifica- centrations between 0.1 and 150 ppm.
tion. Use alternative methods only (1) A minimum of three comparison
after successful completion of these study samples must have PCB con-
comparison testing requirements and centrations above the cleanup level
after documentation of the results of specified for the site in § 761.61(a)(4) and
the testing. a minimum of three comparison study
samples must have PCB concentrations
§ 761.323 Sample preparation. below the specified cleanup level.
(a) The comparison study requires (2) At least one comparison study
analysis of a minimum of 10 samples sample must have a PCB concentration
weighing at least 300 grams each. Sam- ≥90 percent and ≤100 percent of the
ples of PCB remediation waste used in cleanup level.
the comparison study must meet the (3) At least one comparison study
following three requirements. sample must have a PCB concentration
(1) The samples must either be taken ≥100 percent and ≤110 percent of the
from the PCB remediation waste at the cleanup level.
cleanup site, or must be the same kind (c) If the comparison study samples
of material as that waste. For example, do not have the concentrations or con-
if the waste at the cleanup site is centration ranges required by para-
sandy soil, you must use the same kind graph (b) of this section, for purposes
of sandy soil in the comparison study. of use in this chemical extraction and
Do not use unrelated materials such as chemical analysis comparison study, a
clay soil or dredged sediments in place person may adjust PCB concentrations
of sandy soil. by dilution. Any excess material re-
(2) PCB remediation waste may consulting from the preparation of these
tain interferences which confound or samples, which is not used as an ana-
hamper sample extraction and chem- lytical sample, is regulated as the PCB
ical analysis. These interferences may concentration in the component having
be from chemicals or other attributes the highest PCB concentration of the
preexisting in the waste material, re- component materials in the sample.
sulting from the PCB contamination
source, or resulting from treatment to § 761.326 Conducting the comparison
remove or destroy PCBs. Comparison study.
study samples must also contain these Extract or analyze the comparison
interfering materials to demonstrate study samples using the alternative
successful analysis in their presence. method. For an alternative extraction
For example, a PCB remediation waste method or alternative analytical meth-
may have been co-disposed with chloro- od to be comparable to the methods re-
benzene solvents or chlorinated pes- quired in § 761.292, all of the following
ticides. These chlorinated compounds conditions must be met.
828
(a) All samples having PCB con- disposal must be in the form of either
centrations greater than or equal to flattened or roughly conical piles. This
the level of concern, as measured by subpart also contains a procedure for
the methods required in § 761.292, are contemporaneous sampling of waste as
found to be greater than or equal to it is being generated.
the level of concern as measured by the
alternative method (no false nega- § 761.346 Three levels of sampling.
tives). To select a sample of the waste and
(b) Only one sample which contains prepare it for chemical extraction and
PCBs at a level less than the level of analysis, there are three required lev-
concern, as measured by the methods els of random sampling.
required in § 761.292, is found to have a (a) First, select a single 19-liter (5
PCB concentration greater than the gallon) portion from a composite accu-
level of concern as measured by the al- mulated either contemporaneously
ternative method (false positive); and with the generation of the waste or by
all other samples which contain PCBs sampling an existing pile of waste. Col-
at levels less than the level of concern, lection procedures for the first level of
as measured by the methods required sampling from existing piles of waste
in § 761.292, are found by the alternative are in § 761.347. Collection procedures
method to have PCBs less than the for the first level of sampling from a
level of concern (there are no addi- contemporaneous generation of waste
tional false positives). are in § 761.348. Compositing require-
ments and requirements for the sub-
Subpart R—Sampling Non-Liquid, sampling of composite samples to re-
Non-Metal PCB Bulk Product sult in a single 19-liter sample are in
Waste for Purposes of Charac- § 761.350. Send the 19-liter sample to the
terization for PCB Disposal in laboratory for the second and third lev-
els of sampling, including particle size
Accordance With § 761.62, reduction for leach testing and drying
and Sampling PCB Remedi- as required by § 761.1(b)(4).
ation Waste Destined for Off- (b) Second, at the laboratory, select
Site Disposal, in Accordance one quarter of the 19-liter sample. Pro-
With § 761.61 cedures the laboratory must use for
this second level of sample selection
SOURCE: 63 FR 35469, June 29, 1998, unless appear in § 761.353.
otherwise noted. (c) Third, select a 100 gram sub-
sample from the second level sub-
§ 761.340 Applicability. sample. Procedures the laboratory
Use the procedures specified in this must use for this third level of sample
subpart to sample the following types selection appear in § 761.355.
of waste when it is necessary to ana-
lyze the waste to determine PCB con- § 761.347 First level sampling—waste
centration or leaching characteristics from existing piles.
for storage or disposal. (a) General. Sample piles that are ei-
(a) Existing accumulations of non- ther specifically configured for sam-
liquid, non-metal PCB bulk product pling (see paragraph (b) of this section)
waste. or that are of conical shape (see para-
(b) Non-liquid, non-metal PCB bulk graph (c) of this section). If sampling
product waste from processes that con- from either of these shapes is not pos-
tinuously generate new waste. sible, conduct contemporaneous sam-
(c) Non-liquid PCB remediation pling, in accordance with the proce-
waste from processes that continuously dures in § 761.348, or obtain the ap-
generate new waste, that will be sent proval of the Regional Administrator
off-site for disposal. for an alternate sampling plan in ac-
cordance with § 761.62(c).
§ 761.345 Form of the waste to be sam- (b) Specifically configured piles. A spe-
pled. cifically configured pile is a single flat-
PCB bulk product waste and PCB re- tened pile in the shape of a square or
mediation waste destined for off-site rectangle having no restrictions on
829
§ 761.347 40 CFR Ch. I (7–1–10 Edition)
length or width but restricted to 30 cm there are too many piles to spread out
(1 foot) in depth. A square shaped pile in the space available, use the fol-
facilitates sampling site selection for lowing procedure to sample the piles.
the first level sample. Select eight 19- This procedure assumes that the shape
liter samples from the pile and com- of the piles is analogous to a cone; that
posite them into one 19-liter sample as is, having a circular base with PCB
follows: bulk product waste or PCB remediation
(1) Divide the pile into quarters. waste destined for off-site disposal
(2) Divide each of the quarter sec- stacked up uniformly to a peak that is
tions into quarters (i.e., into sixteenths a point centered above the center of
of the original pile). the circular base. Collect eight 19-liter
(3) Select two sixteenths from each of samples as follows:
the four quarters, according to one of (1) Collecting samples from more than
the two following options: one pile. If the PCB bulk product waste
(i) Randomly select the two six- or PCB remediation waste consists of
teenths from one quarter and sample more than one pile or container, assign
the sixteenths occupying the same po- each pile or container an integer num-
sitions in each of the other three quar- ber and then generate seven random in-
ters. teger numbers to select the piles from
(ii) Randomly select two sixteenths which you will collect samples. It is
from each of the four quarters (i.e., possible that this random selection
perform a random selection four dif- procedure will result in selecting the
ferent times). same pile number more than once, even
(4) At this point the eight selected if seven or more piles are present. If so,
sixteenths undergo further division and sample the pile once and restart the
sample selection. Divide each of the sampling collection process to collect
eight selected sixteenths into four additional samples. Do not collect mul-
equal parts. Using a random number tiple samples from the same location
generator or random number table, se- in the pile.
lect one of the four equal parts from (2) Collecting samples from a single pile.
each of the eight equal areas. If each of If only one pile or container is present,
the four equal parts has a volume >76 collect all eight samples from the same
liters when projected downwards 30 cm, pile.
continue to divide each selected area (3) Setting up the sample site selection
into four equal parts, and select one of system from a pile. Locate a sample in a
the parts, until each selected area has pile by the use of three parameters: a
a volume of <76 liters but ≥19 liters. particular radial direction, ‘‘r,’’ from
When projected to a depth of 30 cm, a the peak at the center of the pile to the
square having a 25 cm side or a circle outer edge at the base of the pile; a
having a diameter of approximately point, ‘‘s,’’ along that radial direction
28.5 cm equals a volume of approxi- between the peak of the pile and the
mately 19 liters. The volume of 76 liters outer edge of the base of the pile; and
is equal to the volume enclosed by a a depth, ‘‘t’’, beneath point ‘‘s.’’ The
square having a side of 50 cm (or other top of the sample material will be
shape having an area of 250 cm2) pro- below depth t, at point s, on radius r.
jected to a depth of 30 cm. Use a rod, dowel, stake, or broom han-
(5) Take one sample of approximately dle as a marker. Nail or otherwise fas-
19 unsorted liters of waste from each of ten to the top of the marker two pieces
the eight selected areas. Place each of string or cord of sufficient length
sample into a separate 19-liter con- and strength to reach from the top of
tainer, allowing only sufficient space the marker at the top of the pile to the
at the top of the container to secure farthest peripheral edge at the bottom
the lid. of the pile, when the marker is posi-
(6) Composite the eight 19-liter sam- tioned at the top or apex of the pile.
ples in accordance with § 761.350. Pound or push the marker into the top
(c) Conical-shaped piles. If it is nec- center (apex) of the pile, downward to-
essary to sample a pile which is too ward the center of the base. Insert the
large to be spread on the site to a uni- marker for at least 30 cm or one foot
form thickness of 1 foot or 30 cm, or if until the marker is rigidly standing on
830
its own, even when the cord is pulled at the point s selected in paragraph
tight to the bottom peripheral edge of (c)(3)(ii)(B) of this section. The marked
the pile. Ensure that the marker pro- and numbered device shall be of suffi-
trudes from the top of the pile sufficient strength to be forced down
ciently to allow the strings to move through the maximum depth of the pile
easily around the pile when they are and sufficient length to measure the
pulled tight. Select the three param- depth of the waste in the pile at any
eters and the sampling location as fol- point.
lows: (B) Take the measuring device, con-
(i) Determine the radial component structed according to paragraph
(r) of the location for each sample. (c)(3)(iii)(A) of this section, and at posi-
(A) Tie to a stake or otherwise fasten tion s, push the end of the device
one of the strings at ‘‘b,’’ the bottom of
marked with zero straight down into
the pile, as a reference point for find-
the pile until it reaches the bottom of
ing r.
the pile or ground level. The vertical
(B) Measure the circumference ‘‘c,’’
distance ‘‘v’’ is the number of centi-
the distance around the bottom of the
pile. Determine r from b in one of two meters from the surface of the pile at
ways: point s on the string to the bottom of
(1) Multiply c by a randomly gen- the pile or ground level. Read the dis-
erated fraction or percentage of one. tance v on the measuring device at the
(2) Select a random number between surface of the pile. From the distance
one and the total number of centi- v, determine t, in one of two ways:
meters in c. (1) Randomly generate a fraction of
(C) Locate r by starting at b, the one and multiply the fraction times v.
place where the fixed string meets the (2) Select a random number between
base of the pile, and travel clockwise zero and the total number of centi-
around the edge of the pile at the base meters of the vertical distance v.
for the distance you selected in para- (iv) Dig a hole straight down into the
graph (c)(3)(i)(B) of this section. pile for t centimeters (inches) from the
(D) Fasten the second string at the surface of the pile at s.
selected distance. The second string (v) At depth t, directly under the s
marks the first parameter r. mark on the string, outline the top of
(ii) Determine the second parameter the sample container and collect (shov-
s of the location for each sample. el) all waste under the outline in the
(A) Measure the distance, l, along the following order of preference in para-
string, positioned in paragraph graphs (c)(3)(v)(A) through (c)(3)(v)(C)
(c)(3)(i)(D) of this section, from the top of this section. It is possible that some
to the bottom of the pile at the se- of the eight sampling locations will not
lected radial distance r. Determine the provide 19 liters of sample.
distance s from l in one of two ways: (A) For a depth of 30 cm.
(1) Multiply l by a randomly gen-
(B) Until the container is full.
erated fraction or percentage of one.
(2) Select a random number between (C) Until the ground level is reached.
one and the total number of centi- (d) Compositing the samples. Composite
meters in l. the eight 19-liter samples and sub-
(B) Mark, for example by placing a sample in accordance with § 761.350.
piece of tape on the string positioned Send the subsample to a laboratory for
according to paragraph (c)(3)(i)(D) of further sampling as described in
this section, the distance s, up from the §§ 761.353 and 761.355 and for chemical
bottom of the pile on the string at r. extraction and analysis. If there is in-
(iii) Determine the third and final pa- sufficient sample for a 19-liter sample
rameter t of the location for each sam- from the composite sample composed
ple. of the eight iterations of sample site
(A) Mark and number 1 cm intervals selection, according to the procedures
from one end of a rigid device, for ex- in paragraphs (c)(3)(i) through (c)(3)(v)
ample a rod, dowel, stake, or broom of this section, select additional sam-
handle, for measuring the distance ple sites, collect additional samples
from the top of the pile to the bottom and composite the additional waste in
831
§ 761.348 40 CFR Ch. I (7–1–10 Edition)
the samples until a minimum of 19 li- (1) Option one. Place all of the con-
ters is in the composite. tents of all 19-liter samples that you
[63 FR 35469, June 29, 1998, as amended at 64 collected into a 209 liter (55 gallon)
FR 33762, June 24, 1999] drum or similar sized, cylinder-shaped
container. Completely close the con-
§ 761.348 Contemporaneous sampling. tainer, and roll it 10 or more complete
Contemporaneous sampling is pos- revolutions to mix the contents.
sible when there is active generation of (2) Option two. Add the 19-liter sam-
waste and it is possible to sample the ples one at a time to a 209 liter (55 gal-
waste stream as it is generated. Collect lon) drum. Between the addition of
eight 19-liter samples as follows. each 19-liter sample, stir the composite
(a) Collect each sample by filling a using a broom handle or similar long,
19-liter (5 gallon) container at a loca- narrow, sturdy rod that reaches the
tion where the PCB bulk product waste bottom of the container. Stir the mix-
is released from the waste generator ture for a minimum of 10 complete rev-
onto a pile or into a receptacle con- olutions of the stirring instrument
tainer before the waste reaches the pile around the container at a distance ap-
or receptacle container. proximately half way between the out-
(b) Determine a sample collection side and center of the container.
start time using a random number gen- (b) Selecting a 19-liter subsample from
erator or a random number table to se- the composite. Once the composite is
lect a number between 1 and 60. Collect mixed, pour the mixture of waste out
the first sample at the randomly se- on a plastic sheet and either divide it
lected time in minutes after start up of into 19-liter size piles or make one
the waste output, or if the waste is cur- large pile.
rently being generated, after the ran- (1) From 19-liter sized piles, use a
dom time is selected. For example, if random number generator or random
the randomly selected time is 35, begin number table to select one of the piles.
collection 35 minutes after the start up
(2) From one large pile, flatten the
of waste generation. Similarly, if waste
pile to a depth of 30 cm and divide it
output is ongoing and the random start
into 4 quarters of equal size. Use a ran-
determination occurred at 8:35 a.m.,
collect the first sample at 9:10 a.m. (35 dom number generator or random num-
minutes after the random start deter- ber table to select one quarter of the
mination). pile. Further divide the selected quar-
(c) Collect seven more samples, one ter pile into 19-liter portions and use a
every 60 minutes after the initial sam- random number generator or random
ple is collected. If the waste output number table to select one 19-liter por-
process stops, stop the 60–minute inter- tion. A square having a 25 cm side or a
val time clock. When the process re- circle having a diameter of approxi-
starts, restart the 60–minute interval mately 28.5 cm when projected down-
time clock and complete the incom- wards 30 cm equals approximately 19 li-
plete 60–minute interval. ters.
(d) Composite the eight 19-liter sam- (c) Transferring the sample to the ana-
ples and subsample in accordance with lytical laboratory. Place the selected 19-
§ 761.350. liter subsample in a container, ap-
proved for shipment of the sample, to
§ 761.350 Subsampling from composite the chemical extraction and analysis
samples. laboratory, for the next step in sample
(a) Preparing the composite. Composite selection in accordance with § 761.353.
the samples (eight from a flattened
pile; eight or more from a conical pile; § 761.353 Second level of sample selec-
eight from waste that is continuously tion.
generated) and select a 19-liter sub- The second level of sample selection
sample for shipment to the chemical reduces the size of the 19-liter sub-
extraction and analysis laboratory for sample that was collected according to
further subsampling. There are two op- either § 761.347 or § 761.348 and subsam-
tions for the preparation of the com- pled according to § 761.350. The purpose
posite: of the sample size reduction is to limit
832
the amount of time required to manu- sample to 100 grams which is suitable
ally cut up larger particles of the waste for the chemical extraction and anal-
to pass through a 9.5 millimeter (mm) ysis procedure.
screen. (a) Divide the subsample resulting
(a) Selecting a portion of the subsample from conducting the procedures in
for particle size reduction. At the chem- § 761.353 of this part into 100 gram por-
ical extraction and analysis labora- tions.
tory, pour the 19-liter subsample onto a (b) Use a random number generator
plastic sheet or into a pan and divide or random number table to select one
the subsample into quarters. Use a ran-
100 gram size portion as a sample for a
dom number generator or random num-
procedure used to simulate leachate
ber table to select one of these quar-
ters. generation.
(b) Reduction of the particle size by the (c) Dry the 100 gram sample, selected
use of a 9.5 mm screen. Collect the con- after conducting the procedure in para-
tents of the selected quarter of waste graph (b) of this section, for 10 to 15
resulting from conducting the proce- hours in a drying oven at 100 °C and
dures in paragraph (a) of this section cool it to the analytical laboratory
and shake the waste in a 9.5 mm room temperature before analysis
screen. Separate the waste material using a procedure used to simulate
which passes through the screen from leachate generation. This sample was
the waste material which does not pass dried previously in the larger quantity
through the screen. Manually cut or sample at the second level of sampling
otherwise reduce the size of all parts of (§ 761.353(c)) and is dried a second time
the waste portion which did not pass here (in the third level of sample selec-
through the 9.5 mm screen, such that tion). This dried and cooled sample
each part of the waste shall pass must weigh at least 50 grams.
through the 9.5 mm screen by shaking. (d) If the dried and cooled sample
(c) Drying the reduced particle size weighs <50 grams, select additional 100
waste. Dry all of the waste portion re- gram portions of sample one at a time
sulting from conducting the procedures
by repeating the directions in para-
in paragraph (b) of this section, from 10
graph (b) and (c) of this section, and
to 15 hours in a drying oven at 100 °C.
add each additional 100 gram portion of
Allow the dried waste to cool to room
temperature. sample to the first 100 gram portion
(d) Mixing the dried waste. Place all of until at least 50 grams of dried mate-
the waste resulting from conducting rial is in the sample to be analyzed
the procedures in paragraph (c) of this using a procedure used to simulate
section in a 19-liter pail or similarly leachate generation.
sized, cylinder-shaped container. Mix
the dried material according to one of § 761.356 Conducting a leach test.
the two following options: No method is specified as a procedure
(1) First mixing option. Completely used to simulate leachate generation.
close the container and roll the con-
tainer a minimum of 10 complete revo- § 761.357 Reporting the results of the
lutions to mix the contents. procedure used to simulate leach-
(2) Second mixing option. Use a sturdy ate generation.
stirring rod, such as a broom handle or Report the results of the procedure
other device that reaches the bottom of used to simulate leachate generation
the container, to stir the waste for a as micrograms PCBs per liter of ex-
minimum of 10 complete revolutions tract from a 100 gram sample of dry
around the container at a distance ap- bulk product waste. Divide 100 grams
proximately half way between the out-
by the grams in the sample and mul-
side and the center of the container.
tiply this quotient by the number of
§ 761.355 Third level of sample selec- micrograms PCBs per liter of extract
tion. to obtain the equivalent measurement
The third level of sample selection from a 100 gram sample.
further reduces the size of the sub-
833
§ 761.358 40 CFR Ch. I (7–1–10 Edition)
§ 761.358 Determining the PCB con- and absorbent pads used in the second
centration of samples of waste. rinse of contaminated surfaces may be
Use either Method 3500B/3540C or reused to wash contaminated surfaces.
Method 3500B/3550B from EPA’s SW-846, (b) Capture and contain all solvents
Test Methods for Evaluating Solid and cleaners for reuse, decontamina-
Waste, or a method validated under tion, or disposal. Clean organic sol-
subpart Q of this part, for chemical ex- vents contain <2 ppm PCBs. Clean
traction of PCBs from individual and water contains <3 ppb PCBs.
composite samples of PCB bulk prod-
uct waste. Use Method 8082 from SW- § 761.369 Pre-cleaning the surface.
846, or a method validated under sub- If visible PCB-containing liquid is
part Q of this part, to analyze these ex- present on the surface to be cleaned,
tracts for PCBs. thoroughly wipe or mop the entire sur-
§ 761.359 Reporting the PCB con- face with absorbent paper or cloth
centrations in samples. until no liquid is visible on the surface.
Report all sample concentrations as § 761.372 Specific requirements for rel-
ppm by weight on a dry weight basis. atively clean surfaces.
Subpart S—Double Wash/Rinse For surfaces that do not appear dusty

or grimy before a spill, such as glass,
Method for Decontaminating
automobile surfaces, newly-poured con-
Non-Porous Surfaces crete, and desk tops, use the double
wash/rinse procedures in this section.
(a) First wash. Cover the entire sur-
otherwise noted.
face with organic solvent in which
§ 761.360 Background. PCBs are soluble to at least 5 percent
The double wash/rinse procedure is by weight. Contain and collect any
used to quickly and effectively remove runoff solvent for disposal. Scrub rough
PCBs on surfaces. It is important to se- surfaces with a scrub brush or dispos-
lect and use the proper cleanup equip- able scrubbing pad and solvent such
ment, to conduct the procedure cor- that each 900 cm2 (1 square foot) of the
rectly so as not to redistribute PCBs, surface is always very wet for 1
and to comply with disposal require- minute. Wipe smooth surfaces with a
ments for all cleanup materials. solvent-soaked, disposable absorbent
pad such that each 900 cm2 (1 square
§ 761.363 Applicability. foot) is wiped for 1 minute. Any surface
The double wash/rinse procedure in- <1 square foot shall also be wiped for 1
cludes two washing steps and two rins- minute. Wipe, mop, and/or sorb the sol-
ing steps. The two washing and rinsing vent onto absorbent material until no
steps are slightly different depending visible traces of the solvent remain.
on whether a contaminated surface was (b) First rinse. Wet the surface with
relatively clean before the spill (see clean rinse solvent such that the entire
§ 761.372), or whether the surface was surfaces is very wet for 1 minute. Drain
coated or covered with dust, dirt, and contain the solvent from the sur-
grime, grease or another absorbent ma- face. Wipe the residual solvent off the
terial (see § 761.375). drained surface using a clean, dispos-
§ 761.366 Cleanup equipment. able absorbent pad until no liquid is
visible on the surface.
(a) Use scrubbers and absorbent pads
(c) Second wash. Repeat the proce-
that are not dissolved by the solvents
dures in paragraph (a) of this section.
or cleaners used, and that do not shred,
crumble, or leave visible fragments on The rinse solvent from the first rinse
the surface. Scrubbers and absorbent (paragraph (b) of this section) may be
pads used to wash contaminated sur- used.
faces must not be reused. Scrubbers (d) Second rinse. Repeat the proce-
and absorbent pads for rinsing must dures in paragraph (b) of this section.
not contain ≥2 ppm PCBs. Scrubbers
834
§ 761.375 Specific requirements for ers, and absorbent materials in accord-

surfaces coated or covered with ance with § 761.65.
dust, dirt, grime, grease, or another
absorbent material. Subpart T—Comparison Study for
(a) First wash. Cover the entire sur- Validating a New Perform-
face with concentrated or industrial ance-Based Decontamination
strength detergent or non-ionic surfac- Solvent Under § 761.79(d)(4)
tant solution. Contain and collect all
cleaning solutions for proper disposal. SOURCE: 63 FR 35473, June 29, 1998, unless
Scrub rough surfaces with a scrub otherwise noted.
brush or scrubbing pad, adding clean-
ing solution such that the surface is al- § 761.380 Background.
ways very wet, such that each 900 cm2 This subpart provides self-imple-
(1 square foot) is washed for 1 minute. menting criteria for validating the
Wipe smooth surfaces with a cleaning conditions for use in performance-
solution-soaked disposable absorbent based decontamination of solvents
pad such that each 900 cm2 (1 square other than those listed in § 761.79(c)(3)
foot) is wiped for 1 minute. Wash any and (c)(4). Any person may use this
surface <1 square foot for 1 minute. subpart for validating either a chem-
Mop up or absorb the residual cleaner ical formulation or a product with a
solution and suds with a clean, dispos- trade name whether or not the con-
able, absorbent pad until the surface stituents of the product are propri-
appears dry. This cleaning should re- etary.
move any residual dirt, dust, grime, or
other absorbent materials left on the § 761.383 Applicability.
surface during the first wash. Use the self-implementing decon-
(b) First rinse. Rinse off the wash so- tamination procedure only on smooth,
lution with 1 gallon of clean water per non-porous surfaces that were once in
square foot and capture the rinse contact with liquid PCBs. Decon-
water. Mop up the wet surface with a tamination procedures under this sub-
clean, disposable, absorbent pad until part shall exactly parallel § 761.79(c)(3)
the surface appears dry. and (c)(4), except that the procedures
(c) Second wash. Follow the procedure described in § 761.79(c)(3)(iii) and
in § 761.372(a). (c)(3)(iv) and (c)(4)(iii), (c)(4)(iv) and
(d) Second rinse. Follow the procedure (c)(4)(vii) may be revised to contain pa-
in § 761.372(b). rameters validated in accordance with
this subpart.
§ 761.378 Decontamination, reuse, and
disposal of solvents, cleaners, and § 761.386 Required experimental con-
equipment. ditions for the validation study and
subsequent use during decon-
(a) Decontamination. Decontaminate tamination.
solvents and non-porous surfaces on The following experimental condi-
equipment in accordance with the tions apply for any solvent:
standards and procedures in § 761.79(b) (a) Temperature and pressure. Conduct
and (c). the validation study and perform de-
(b) Reuse. A solvent may be reused so contamination at room temperature
long as its PCB concentration is <50 (from ≥15 °C to ≤30 °C) and at atmos-
ppm. Decontaminated equipment may pheric pressure.
be reused in accordance with § 761.30(u). (b) Agitation. Limit the movement in
Store solvents and equipment for reuse the solvent to the short-term move-
in accordance with § 761.35. ment from placing the contaminated
(c) Disposal. Dispose of all solvents, surface into the soak solvent and from
cleaners, and absorbent materials in removing the surface from the soak
accordance with § 761.79(g). Dispose of solvent.
equipment in accordance with (c) Time of soak. Soak the surface for
§ 761.61(a)(5)(v)(A), or decontaminate in a minimum of 1 hour.
accordance with § 761.79(b) or (c). Store (d) Surface conditions for the validation
for disposal equipment, solvents, clean- study. Prior to beginning the validation
835
§ 761.389 40 CFR Ch. I (7–1–10 Edition)
study, ensure that there are no free- tions. If you desire to change more
flowing liquids on surfaces and that than one of the requirements in this
surfaces are dry (i.e., there are no liq- section, you must conduct a new study
uids visible without magnification). to validate the decontamination under
Also ensure that surfaces are virtually the desired conditions.
free from non-liquid residues, corro- (a) The study apparatus is not stand-
sion, and other defects which would ardized. Critical components of the
prevent the solvent from freely circu- study are the PCB material (for exam-
lating over the surface. ple MODEF or some other spiking solu-
(e) Confirmatory sampling for the vali- tion), the volume of the soaking sol-
dation study. Select surface sample lo- vent, and the area of the contaminated
cations using representative sampling surface. The EPA study used beakers
or a census. Sample a minimum area of and shallow dishes as the experimental
100 cm2 on each individual surface in vessels to contain the surface and sol-
the validation study. Measure surface vent during the soaking process. In
concentrations using the standard wipe order to minimize surface-to-volume
test, as defined in § 761.123, from which ratios, it is convenient to utilize flat
a standard wipe sample is generated for contaminated surfaces and shallow sol-
chemical analysis. Guidance for wipe vent containers. During the validation
sampling appears in the document enti- study, use the same ratio of contami-
tled ‘‘Wipe Sampling and Double Wash/ nated surface area to soak solvent vol-
Rinse Cleanup as Recommended by the ume as would be used during actual de-
Environmental Protection Agency PCB contamination. It is also permissible to
Spill Cleanup Policy,’’ available on use a smaller surface area to soaking
EPA’s Web site at http://www.epa.gov/ solvent volume than used in the valida-
pcb, or from the Program Management, tion study, so long as all other required
Communications, and Analysis Office, parameters are used as validated in the
Office of Resource Conservation and confirmation required in § 761.386 (a)
Recovery (5305P), Environmental Pro- through (f), and paragraphs (a) through
tection Agency, 1200 Pennsylvania (c) of this section. Do not use a larger
Ave., NW., Washington, DC 20460–0001. surface-area-to-solvent-volumes ratio
(f) Concentration of PCBs. The method or different kind of solvent based on
validated may be used only to decon- the results of the validation study.
taminate surfaces containing PCBs at (b) Except for the minimum soak
concentrations on which the validation time of 1 hour (as required in
study was performed and lower con- § 761.386(c)), the length of soak time is
centrations. not otherwise restricted in the valida-
[63 FR 35473, June 29, 1998, as amended at 72 tion study. The soak time used in the
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25, validation study, however, is a use re-
2009] quirement for subsequent decon-
tamination using the solvent being
§ 761.389 Testing parameter require- validated. It is permissible to use
ments. longer soak times for decontamination
There are no restrictions on the vari- than the soak time used in the valida-
able testing parameters described in tion study, if all other parameters re-
this section which may be used in the quired in § 761.386, and paragraphs (a)
validation study. The conditions dem- and (c) of this section are used.
onstrated in the validation study for (c) There is no restriction on the
these variables shall become the re- kind of material containing PCBs to
quired conditions for decontamination use to create the surface contamina-
using the solvent being validated and tion for the validation study. There is
shall replace the comparable condi- also no restriction on the level of start-
tions in § 761.79(b)(3) through (b)(6). ing PCB surface concentration. It is
There are limited potential options for permissible to use lower concentra-
varying a single requirement in this tions of PCB than the concentration
section. If you change one of these used in the validation study, if all
variable requirements, change it only other parameters required in § 761.386
in the way listed in this section and do (a) through (f), and paragraphs (a)
not change any other validated condi- through (c) of this section are used.
836
§ 761.392 Preparing validation study § 761.395 A validation study.

samples.
(a) Decontaminate the following pre-
(a)(1) To validate a procedure to de- pared sample surfaces using the se-
contaminate a surface contaminated lected testing parameters and experi-
with a spill from liquid of a known con- mental conditions. Take a standard
centration, contaminate (spike) the wipe sample of the decontaminated
surface to be used in the validation surface.
study as follows: (1) At least one uncontaminated sur-
(i) Use a spiking solution made of face. The surface levels of PCBs on the
PCBs mixed with a solvent to contami- uncontaminated surface must be <1 μg/
nate clean surfaces. Clean surfaces are 100 cm2.
surfaces having PCB surface concentra- (2) At least seven contaminated sur-
tions <1 μg/100 cm2 before intentionally faces.
contaminating the surface. (b)(1) Use SW-846, Test Methods for
(ii) Prior to contaminating a surface Evaluating Solid Waste methods for
for the validation study, mark the sur- sample extraction and chemical anal-
face sampling area to assure that it is ysis as follows: Use Method 3500B/3540C
completely covered with the spiking or Method 3500B/3550B for the extrac-
solution. tion and cleanup of the extract and
(iii) Deliver the spiking solution onto Method 8082 for the chemical analysis,
the surface, covering all of the sam- or methods validated under subpart Q
pling area. Contain any liquids which of this part.
spill or flow off the surface. Allow the (2) Report all validation study sur-
spiking solution to drip drain off into a face sample concentrations on the
container and then evaporate the spik- basis of micrograms of PCBs per 100
ing solution off the contaminated sur- cm2 of surface sampled.
face prior to beginning the validation (c) Following completion of the vali-
study. Contaminate a minimum of dation study, measurements from the
eight surfaces for a complete valida- contaminated surfaces must have an
tion study. arithmetic mean of ≤10 μg/100 cm2. If
(iv) As a quality control step, test at the arithmetic mean is >10 μg/100 cm2,
least one contaminated surface to de- then the validation study failed and
the solvent may not be used for decon-
termine the PCB concentration to
tamination under § 761.79(d)(4) accord-
verify that there are measurable sur-
ing to the parameters tested.
face levels of PCBs resulting from the
contamination before soaking the sur- § 761.398 Reporting and record-
face in the decontamination solvent. keeping.
The surface levels of PCBs on the con-
(a) Submit validation study results
taminated surfaces must be ≥20 μg/100
to the Director, Office of Resource Con-
cm2.
servation and Recovery (5301P), Envi-
(2) To validate a procedure to decon- ronmental Protection Agency, 1200
taminate a specified surface concentra- Pennsylvania Ave., NW., Washington,
tions of PCBs as measured by a stand- DC 20460–0001, prior to the first use of a
ard wipe sample, contaminate a min- new solvent for alternate decontamina-
imum of 10 surfaces. Contaminate all tion under § 761.79(d)(4). The use of a
the surfaces identically following the new solvent is not TSCA Confidential
procedures in paragraph (a)(1) of this Business Information (CBI). From time
section and measure the PCB surface to time, EPA will confirm the use of
concentrations of at least three of the validated new decontamination sol-
surfaces using a standard wipe test to vents and publish the new solvents and
establish a surface concentration to be validated decontamination procedures
included in the standard operating pro- in the FEDERAL REGISTER.
cedure. The surface levels of PCBs on (b) Any person may begin to use sol-
the contaminated surfaces must be ≥20 vent validated in accordance with this
μg/100 cm2. subpart at the time results are sub-
(b) [Reserved] mitted to EPA.
837
Pt. 763 40 CFR Ch. I (7–1–10 Edition)
(c) Record all testing parameters and APPENDIX C TO SUBPART E—ASBESTOS MODEL
experimental conditions from the suc- ACCREDITATION PLAN
cessful validation study into a stand- APPENDIX D TO SUBPART E—TRANSPORT AND
DISPOSAL OF ASBESTOS WASTE
ard operating procedure (SOP) for ref- APPENDIX E TO SUBPART E—INTERIM METHOD
erence whenever the decontamination OF THE DETERMINATION OF ASBESTOS IN
procedure is used. Include in the SOP BULK INSULATION SAMPLES
the identity of the soaking solvent, the
length of time of the soak, and the Subpart F [Reserved]
ratio of the soak solvent to contami-
nated surface area during the soaking Subpart G—Asbestos Worker Protection
process. Also include in the SOP the 763.120 What is the purpose of this subpart?
maximum concentration of PCBs in the 763.121 Does this subpart apply to me?
spilled material and the identity of the 763.122 What does this subpart require me to
spilled material, and/or the measured do?
maximum surface concentration of the 763.123 May a State implement its own as-
bestos worker protection plan?
contaminated surface used in the vali-
dation study. Record and keep the re- Subpart H [Reserved]
sults of the validation study as an ap-
pendix to the SOP. Include in this ap- Subpart I—Prohibition of the Manufacture,
pendix, the solvent used to make the Importation, Processing, and Distribu-
spiking solution, the PCB concentration in Commerce of Certain Asbestos-
tion of the spiking solution used to Containing Products; Labeling Require-
contaminate the surfaces in the valida- ments
tion study, and all of the validation
study testing parameters and experi- 763.160 Scope.
763.163 Definitions.
mental conditions. 763.165 Manufacture and importation prohi-
[63 FR 35473, June 29, 1998, as amended at 72 bitions.
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25, 763.167 Processing prohibitions.
2009] 763.169 Distribution in commerce prohibi-
tions.
763.171 Labeling requirements.
PART 763—ASBESTOS 763.173 Exemptions.
763.175 Enforcement.
Subparts A–D [Reserved] 763.176 Inspections.
763.178 Recordkeeping.
Subpart E—Asbestos-Containing Materials 763.179 Confidential business information
in Schools claims.
Sec. AUTHORITY: 15 U.S.C. 2605, 2607(c), 2643, and

763.80 Scope and purpose. 2646.
763.83 Definitions.
763.84 General local education agency re- Subparts A–D [Reserved]
sponsibilities.
763.85 Inspection and reinspections.
763.86 Sampling. Subpart E—Asbestos-Containing
763.87 Analysis. Materials in Schools
763.88 Assessment.
763.90 Response actions.
SOURCE: 52 FR 41846, Oct. 30, 1987, unless
763.91 Operations and maintenance.
otherwise noted.
763.92 Training and periodic surveillance.
763.93 Management plans.
763.94 Recordkeeping.
§ 763.80 Scope and purpose.
763.95 Warning labels. (a) This rule requires local education
763.97 Compliance and enforcement. agencies to identify friable and nonfri-
763.98 Waiver; delegation to State. able asbestos-containing material
763.99 Exclusions.
(ACM) in public and private elemen-
APPENDIX A TO SUBPART E—INTERIM TRANS- tary and secondary schools by visually
MISSION ELECTRON MICROSCOPY ANALYT-
inspecting school buildings for such
ICAL METHODS—MANDATORY AND NON-
MANDATORY—AND MANDATORY SECTION TO
materials, sampling such materials if
DETERMINE COMPLETION OF RESPONSE AC- they are not assumed to be ACM, and
TIONS having samples analyzed by appro-
APPENDIX B TO SUBPART E [RESERVED] priate techniques referred to in this
rule. The rule requires local education
838

CFR 2010 Title40 Vol30 Part761

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CFR 2010 Title40 Vol30 Part761

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Pt. 761 40 CFR Ch.

PART 761—POLYCHLORINATED 761.123 Definitions.

Subpart P—Sampling Non-Porous Surfaces Subpart S—Double Wash/Rinse Method for

Subpart A—General termine which provisions of this part

of such substances occurring in whole removed while servicing the equipment

(iii) The resulting PCB concentration In or Near Commercial Buildings means

or a location in an industrial facility found to contain 500 ppm or greater

PCB-Contaminated means a non-liquid PCB household waste means PCB

sediment fines, and aqueous decantate or uncoated wood; concrete or cement;

incorporations by reference were ap- References CFR Citation

analyses or other information to sup- (i) Marketers. Marketers who first

(4) Number of PCB Transformers and sure, or, if unenclosed (unpartitioned),

transformer, high or low secondary (A) A PCB Transformer which has

building, if electrical protective equip- (ii) Any servicing (including rebuild-

If test results show the and test results show

< 50 ppm PCBs operate the transformer <50 non-PCB

<2 ppm PCBs (no need to test) (not applicable) non-PCB

(a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of PCB-Contaminated Electrical Equip-

<50 ppm PCBs operate the equipment <50 non-PCB

<2 ppm PCBs (no need to test) (not applicable) non-PCB

have been granted an exemption to do (ii) Any circuit breaker, recloser or

with mark ML as described in the exterior of the PCB Items, storage

section 307(b) or 402 of the Clean Water

§ 761.60(j), must do so in accordance (c) Storage for disposal. Any person

(ii) Removal with subsequent action. to be abandoned or removed. Collect

conditions and provisions as EPA dielectric fluid from other oil-filled

(C) Sewers or sewage treatment sys- data summary from paragraph

on-site self-implementing PCB remedi- a PCB disposal facility approved under

(iii) Porous surfaces. Porous surfaces surfaces must do so in accordance with

an unreasonable risk of injury to PCB bulk product waste from the

(iii) PCB Containers containing non- spections, maintenance, cleanup and

containers is protective of health and located by this date. Storage con-

meteorological conditions at the stor- maximum quantity of PCB waste that

final administrative determination fied of the completion of the modifica-

be prescribed pursuant to paragraph mation shall be restricted to the types

(2) Other information. In addition to be stated in writing and included as

the non-TSCA waste management doc- storage requirements at §§ 761.65(a), (c),

measurement-based decontamination (up to 70 percent PCB in a mixture of

(1) Distillation bottoms or residues capable of decontaminating the mate-

an unreasonable risk of injury to (iv) Unison annually notifies and de-

§ 761.93 Import for disposal. Subpart G—PCB Spill Cleanup

requirements and measures to mini- (1) For example, site-specific charac-

under special circumstances across the ronmental Response Compensation and

High-concentration PCBs means PCBs Nonimpervious solid surfaces means

(1) ‘‘Requirements’’ as used in this or on which visible traces of the spilled

duration of the adverse conditions. If of materials other than low-concentra-

least 45 kilograms (99.4 pounds) of each manifest and for unmanifested

(1) Any water analysis obtained in procedures in § 761.30(a)(2)(v) or

peak. Importers required to report by (d) The certification required by

are significantly modified to make the Ave., NW., Washington, DC 20460–0001,

described in § 761.205. EPA will confirm identification number in accordance

as engaging in a certain type of PCB generator State) supplies the manifest

the designated commercial storage or (1) The EPA identification number,

(c) If the liquid has a non-liquid Confirmation of compliance with the

(d) Locate the 10 centimeter by 10 posite a maximum of three adjacent

Subpart Q—Self-Implementing Al- would have to be present in the com-

Subpart S—Double Wash/Rinse For surfaces that do not appear dusty

§ 761.375 Specific requirements for ers, and absorbent materials in accord-

§ 761.392 Preparing validation study § 761.395 A validation study.

Sec. AUTHORITY: 15 U.S.C. 2605, 2607(c), 2643, and

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