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EPAPCBs2001 40 CFR 761

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					                               § 750.41                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (4) Time limits for the examination                      son chairing it or in writing by the
                               of each witness by each cross-exam-                        Hearing Chairman.
                               iner.
                                 (c) In issuing this ruling, the panel                    § 750.41    Final rule.
                               may determine that one or more par-                          (a) As soon as feasible after the dead-
                               ticipants who have requested cross-ex-                     line for submittal of reply comments,
                               amination have the same or similar in-                     EPA will issue a final rule. EPA will
                               terests and should be required to                          also publish at that time:
                               choose a single representative for pur-                      (1) A list of all material added to the
                               poses of cross-examination by that sin-                    record (other than public comments
                               gle representative without identifying                     and material from the hearing record)
                               the representative further. Subpoenas                      which has not previously been listed in
                               for witnesses may be issued where nec-                     a FEDERAL REGISTER document, and
                               essary.                                                      (2) The effective date of the rule.
                                 (d) Within one week after the inser-                       (b) Pursuant to the delegation of au-
                               tion into the record of the ruling under                   thority made in the Preamble to the
                               paragraph (b) of this section, the hear-                   Final Regulation for the PCB Manufac-
                               ing at which the cross-examination                         turing, Processing, Distribution in
                               will be conducted will begin. One or                       Commerce and Use Prohibitions, the
                               more members of the original panel                         Assistant Administrator for Preven-
                               will preside for EPA. The panel will                       tion, Pesticides and Toxic Substances
                               have authority to conduct cross-exam-                      will grant or deny petitions under sec-
                               ination on behalf of any participant,                      tion 6(e)(3)(B) of TSCA submitted pur-
                               although as a general rule this right                      suant to § 750.31. The Assistant Admin-
                               will not be exercised. The panel will                      istrator will act on such petitions sub-
                               also have authority to modify the gov-                     sequent to opportunity for an informal
                               erning ruling in any respect and to                        hearing pursuant to this rule.
                               make new rulings on group representa-                        (c) In determining whether to grant
                               tion under section 6(c)(3)(C) of TSCA. A                   an exemption to the PCB ban, EPA will
                               verbatim transcript of the hearing will                    apply the two standards enunciated in
                               be made.                                                   section 6(e)(3)(B) of TSCA.
                                 (e)(1) No later than the time set for
                               requesting cross-examination, a hear-
                               ing participant may request that other                     PART 761—POLYCHLORINATED BI-
                               alternative methods of clarifying the                        PHENYLS   (PCBs)  MANUFAC-
                               record (such as informal conferences or                      TURING, PROCESSING, DISTRIBU-
                               the submittal of additional informa-                         TION IN COMMERCE, AND USE
                               tion) be used. Such requests may be                          PROHIBITIONS
                               submitted either in lieu of cross-exam-
                               ination requests, or in conjunction                                      Subpart A—General
                               with them.
                                 (2) The panel in passing on a cross-ex-                  Sec.
                               amination request may, as a pre-                           761.1 Applicability.
                                                                                          761.2 PCB concentration assumptions for
                               condition to ruling on its merits, re-
                                                                                              use.
                               quire that alternative means of clari-                     761.3 Definitions.
                               fying the record be used whether or not                    761.19 References.
                               that has been requested under para-
                               graph (e)(1) of this section. In such a                    Subpart B—Manufacturing, Processing, Dis-
                               case, the results of the use of such al-                      tribution in Commerce, and Use of
                               ternative means will be made available                        PCBs and PCB Items
                               to the person requesting cross-exam-
                               ination for a one-week comment pe-                         761.20   Prohibitions and exceptions.
                               riod, and the panel will make a final                      761.30   Authorizations.
                               ruling on cross-examination within one                     761.35   Storage for reuse.
                               week thereafter.
                                                                                             Subpart C—Marking of PCBs and PCB
                                 (f) Waivers or extensions of any dead-
                                                                                                          Items
                               line in this section applicable to per-
                               sons other than EPA may be granted                         761.40   Marking requirements.
                               on the record of the hearing by the per-                   761.45   Marking formats.

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                               Environmental Protection Agency                                                                        Pt. 761

                                      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.
                               761.63 PCB household waste storage and                      761.215   Exception reporting.
                                   dsiposal.                                               761.218   Certificate of disposal.
                               761.64 Disposal of wastes generated as a re-
                                   sult of research and development activi-                             Subpart L [Reserved]
                                   ties authorized under § 761.30(j) and chem-
                                   ical analysis of PCBs.                                  Subpart M—Determining a PCB Concentra-
                               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.
                               761.80 Manufacturing, processing and dis-                   761.250 Sample site selection for pipeline
                                   tribution in commerce exemptions.                           section abandonment.
                                                                                           761.253 Chemical analysis.
                                  Subpart F—Transboundary Shipments of                     761.257 Determining the regulatory status
                                            PCBs for Disposal                                  of sampled pipe.

                               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.
                               761.123     Definitions.                                    761.267 Sampling non-porous surfaces.
                               761.125     Requirements for PCB spill cleanup.             761.269 Sampling liquid PCB remediation
                               761.130     Sampling requirements.                              waste.
                               761.135     Effect of compliance with this policy           761.272 Chemical extraction and analysis of
                                   and     enforcement.                                        samples.
                                                                                           761.274 Reporting PCB concentrations in
                                             Subparts H–I     [Reserved]                       samples.

                                 Subpart J—General Records and Reports                     Subpart O—Sampling to Verify Completion
                                                                                              of Self-Implementing Cleanup and
                               761.180 Records and monitoring.                                On-Site Disposal of Bulk PCB Remedi-
                               761.185 Certification program and retention
                                   of records by importers and persons gen-
                                                                                              ation Waste and Porous Surfaces in
                                   erating PCBs in excluded manufacturing                     Accordance with § 761.61(a)(6)
                                   processes.
                                                                                           761.280 Application and scope.
                               761.187 Reporting importers and by persons
                                   generating PCBs in excluded manufac-                    761.283 Determination of the number of
                                   turing processes.                                           samples to collect and sample collection
                               761.193 Maintenance of monitoring records                       locations.
                                   by persons who import, manufacture,                     761.286 Sample size and procedure for col-
                                   process, distribute in commerce, or use                     lecting a sample.
                                   chemicals containing inadvertently gen-                 761.289 Compositing samples.
                                   erated PCBs.                                            761.292 Chemical extraction and analysis of
                                                                                               individual samples and composite sam-
                                 Subpart K—PCB Waste Disposal Records                          ples.
                                             and Reports                                   761.295 Reporting and recordkeeping of the
                                                                                               PCB concentrations in samples.
                               761.202 EPA identification numbers.                         761.298 Decisions based on PCB concentra-
                               761.205 Notification of PCB waste activity                      tion measurements resulting from sam-
                                   (EPA Form 7710-53).                                         pling.

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                               § 761.1                                                                  40 CFR Ch. I (7–1–01 Edition)

                               Subpart P—Sampling Non-Porous Surfaces                     761.372 Specific requirements for relatively
                                  for Measurement-Based Use, Reuse,                           clean surfaces.
                                  and On-Site or Off-Site Disposal Under                  761.375 Specific requirements for surfaces
                                                                                              coated or covered with dust, dirt, grime,
                                  § 761.61(a)(6)   and     Determination                      grease, or another absorbent material.
                                  Under § 761.79(b)(3)                                    761.378 Decontamination, reuse, and dis-
                               761.300 Applicability.                                         posal of solvents, cleaners, and equip-
                               761.302 Proportion of the total surface area                   ment.
                                   to sample.
                               761.304 Determining sample location.                       Subpart T—Comparison Study for Vali-
                               761.306 Sampling 1 meter square surfaces by                   dating a New Performance-Based De-
                                   random selection of halves.                               contamination      Solvent   Under
                               761.308 Sample selection by random number                     § 761.79(d)(4)
                                   generation on any two-dimensional
                                   square grid.                                           761.380    Background.
                               761.310 Collecting the sample.                             761.383    Applicability.
                               761.312 Compositing of samples.                            761.386    Required experimental conditions
                               761.314 Chemical analysis of standard wipe                     for   the validation study and subsequent
                                   test samples.                                              use   during decontamination.
                               761.316 Interpreting    PCB     concentration              761.389    Testing parameter requirements.
                                   measurements resulting from this sam-                  761.392    Preparing validation study samples.
                                   pling scheme.                                          761.395    A validation study.
                                                                                          761.398    Reporting and recordkeeping.
                               Subpart Q—Self-Implementing Alternative                      AUTHORITY: 15 U.S.C. 2605, 2607, 2611, 2614,
                                  Extraction and Chemical Analysis Pro-                   and 2616.
                                  cedures for Non-liquid PCB Remedi-
                                  ation Waste Samples                                                 Subpart A—General
                               761.320 Applicability.
                               761.323 Sample preparation.                                § 761.1 Applicability.
                               761.326 Conducting the comparison study.                      (a) This part establishes prohibitions
                                                                                          of, and requirements for, the manufac-
                               Subpart R—Sampling Non-Liquid, Non-
                                                                                          ture, processing, distribution in com-
                                  Metal PCB Bulk Product Waste for Pur-
                                                                                          merce, use, disposal, storage, and
                                  poses of Characterization for PCB Dis-
                                                                                          marking of PCBs and PCB Items.
                                  posal in Accordance With § 761.62,
                                                                                             (b)(1) This part applies to all persons
                                  and Sampling PCB Remediation Waste
                                                                                          who manufacture, process, distribute
                                  Destined for Off-Site Disposal, in Ac-
                                                                                          in commerce, use, or dispose of PCBs or
                                  cordance With § 761.61
                                                                                          PCB Items. Substances that are regu-
                               761.340 Applicability.                                     lated by this part include, but are not
                               761.345 Form of the waste to be sampled.                   limited to: dielectric fluids; solvents;
                               761.346 Three levels of sampling.                          oils; waste oils; heat transfer fluids;
                               761.347 First level sampling—waste from ex-                hydraulic fluids; paints or coatings;
                                   isting piles.
                                                                                          sludges; slurries; sediments; dredge
                               761.348 Contemporaneous sampling.
                               761.350 Subsampling from composite sam-                    spoils; soils; materials containing PCBs
                                   ples.                                                  as a result of spills; and other chemical
                               761.353 Second level of sample selection.                  substances or combinations of sub-
                               761.355 Third level of sample selection.                   stances, including impurities and by-
                               761.356 Conducting a leach test.                           products and any byproduct, inter-
                               761.357 Reporting the results of the proce-                mediate, or impurity manufactured at
                                   dure used to simulate leachate genera-                 any point in a process.
                                   tion.
                               761.358 Determining the PCB concentration
                                                                                             (2) Unless otherwise noted, PCB con-
                                   of samples of waste.                                   centrations shall be determined on a
                               761.359 Reporting the PCB concentrations in                weight-per-weight basis (e.g., milli-
                                   samples.                                               grams per kilogram), or for liquids, on
                                                                                          a weight-per-volume basis (e.g., milli-
                                Subpart S—Double Wash/Rinse Method for                    grams per liter) if the density of the
                                  Decontaminating Non-Porous Surfaces                     liquid is also reported. Unless other-
                               761.360 Background.                                        wise provided, PCBs are quantified
                               761.363 Applicability.                                     based on the formulation of PCBs
                               761.366 Cleanup equipment.                                 present in the material analyzed. For
                               761.369 Pre-cleaning the surface.                          example, measure AroclorTM 1242 PCBs

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                               Environmental Protection Agency                                                                       § 761.1

                               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 contami-                    erences to weights or volumes of PCBs
                               nated surfaces at PCB concentrations                       in this part apply to the total weight
                               of ≤10 µg/100 cm2. Provisions that apply                   or total volume of the material (oil,
                               to PCBs at concentrations of ≥50 to <500                   soil, debris, etc.) that contains regu-
                               ppm apply also to contaminated sur-                        lated concentrations of PCBs, not the
                               faces at PCB concentrations of >10/100                     calculated weight or volume of only
                               cm2 to <100 µg/100 cm2. Provisions that                    the PCB molecules contained in the
                               apply to PCBs at concentrations of ≥500                    material.
                               ppm apply also to contaminated sur-                          (c) Definitions of the terms used in
                               faces at PCB concentrations of ≥100 µg/                    these regulations are in subpart A. The
                               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
                               termine which provisions of this part
                                                                                          activities are set forth in subpart B—
                               apply to such PCBs.
                                                                                          Manufacture, Processing, Distribution
                                 (i) Any person determining PCB con-
                                                                                          in Commerce, and Use of PCBs and
                               centrations for non-liquid PCBs must
                                                                                          PCB Items. Subpart B also includes au-
                               do so on a dry weight basis.
                                                                                          thorizations from the prohibitions.
                                 (ii) Any person determining PCB con-
                                                                                          Subparts C and D set forth the specific
                               centrations for liquid PCBs must do so
                               on a wet weight basis. Liquid PCBs                         requirements for disposal and marking
                               containing more than 0.5 percent by                        of PCBs and PCB Items.
                               weight non-dissolved material shall be                       (d) Section 15 of the Toxic Sub-
                               analyzed as multi-phasic non-liquid/liq-                   stances Control Act (TSCA) states that
                               uid mixtures.                                              failure to comply with these regula-
                                 (iii) Any person determining the PCB                     tions is unlawful. Section 16 imposes li-
                               concentration of samples containing                        ability for civil penalties upon any per-
                               PCBs and non-dissolved non-liquid ma-                      son who violates these regulations, and
                               terials ≥0.5 percent, must separate the                    the Administrator can establish appro-
                               non-dissolved materials into non-liquid                    priate remedies for any violations sub-
                               PCBs and liquid PCBs. For multi-pha-                       ject to any limitations included in sec-
                               sic non-liquid/liquid or liquid/liquid                     tion 16 of TSCA. Section 16 also sub-
                               mixtures, the phases shall be separated                    jects a person to criminal prosecution
                               before chemical analysis. Following                        for a violation which is knowing or
                               phase separation, the PCB concentra-                       willful. In addition, section 17 author-
                               tion in each non-liquid phase shall be                     izes Federal district courts to enjoin
                               determined on a dry weight basis and                       activities prohibited by these regula-
                               the PCB concentration in each liquid                       tions, compel the taking of actions re-
                               phase shall be determined separately                       quired by these regulations, and issue
                               on a wet weight basis.                                     orders to seize PCBs and PCB Items
                                 (iv) Any person disposing of multi-                      manufactured, processed or distributed
                               phasic non-liquid/liquid or liquid/liquid                  in violation of these regulations.
                               mixtures must use the PCB disposal re-                       (e) These regulations do not preempt
                               quirements that apply to the indi-                         other more stringent Federal statutes
                               vidual phase with the highest PCB con-                     and regulations.
                               centration except where otherwise                            (f) Unless and until superseded by
                               noted. Alternatively, phases may be                        any new more stringent regulations
                               separated and disposed of using the                        issued under EPA authorities, or any

                                                                                    541



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                               § 761.2                                                                 40 CFR Ch. I (7–1–01 Edition)

                               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
                               sons comply with subpart J of this                         person must assume the capacitor con-
                               part, as applicable.                                       tains ≥500 ppm PCBs. Any person may
                                  (4) Except as provided in § 761.20 (d)                  assume that a capacitor marked at the
                               and (e), persons who process, distribute                   time of manufacture with the state-
                               in commerce, or use products con-                          ment ‘‘No PCBs’’ in accordance with
                               taining excluded PCB products as de-                       § 761.40(g) is non-PCB.
                               fined in § 761.3, are exempt from the re-                     (b) PCB concentration may be estab-
                               quirements of subpart B of this part.                      lished by:
                                                                                             (1) Testing the equipment; or
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               2605)
                                                                                             (2)(i) A permanent label, mark, or
                                                                                          other documentation from the manu-
                               [44 FR 31542, May 31, 1979, as amended at 49               facturer of the equipment indicating
                               FR 28189, July 10, 1984; 53 FR 24220, June 27,
                                                                                          its PCB concentration at the time of
                               1988; 63 FR 35436, June 29, 1998; 64 FR 33759,
                               June 24, 1999]                                             manufacture; and
                                                                                             (ii) Service records or other docu-
                               § 761.2 PCB concentration assump-                          mentation indicating the PCB con-
                                    tions for use.                                        centration of all fluids used in serv-
                                  (a)(1) Any person may assume that                       icing the equipment since it was first
                               transformers with <3 pounds (1.36 kilo-                    manufactured.
                               grams (kgs)) of fluid, circuit breakers,                   [63 FR 35436, June 29, 1998, as amended at 64
                               reclosers, oil-filled cable, and rectifiers                FR 33759, June 24, 1999]
                               whose PCB concentration is not estab-
                               lished contain PCBs at <50 ppm.                            § 761.3 Definitions.
                                  (2) Any person must assume that                            For the purpose of this part:
                               mineral oil-filled electrical equipment                       Administrator means the Adminis-
                               that was manufactured before July 2,                       trator of the Environmental Protection
                               1979, and whose PCB concentration is                       Agency, or any employee of the Agency
                               not established is PCB-Contaminated                        to whom the Administrator may either
                               Electrical Equipment (i.e., contains ≥50                   herein or by order delegate his author-
                               ppm PCB, but <500 ppm PCB). All pole-                      ity to carry out his functions, or any
                               top and pad-mounted distribution                           person who shall by operation of law be
                               transformers manufactured before July                      authorized to carry out such functions.
                               2, 1979, must be assumed to be mineral-                       Agency means the United States En-
                               oil filled. Any person may assume that                     vironmental Protection Agency.

                                                                                    542



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                               Environmental Protection Agency                                                                       § 761.3

                                 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-
                               waste to the appropriate EPA Regional                      panying this document is true, accurate, and
                               Administrator. The annual report is a                      complete. As to the identified section(s) of
                                                                                          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
                                 Capacitor means a device for accumu-                     of such substances occurring in whole
                               lating and holding a charge of elec-                       or part as a result of a chemical reac-
                               tricity and consisting of conducting                       tion or occurring in nature, and any
                               surfaces separated by a dielectric.                        element or uncombined radical.
                               Types of capacitors are as follows:                           (2) Such term does not include: Any
                                 (1) Small capacitor means a capacitor                    mixture; any pesticide (as defined in
                               which contains less than 1.36 kg (3 lbs.)                  the Federal Insecticide, Fungicide, and
                               of dielectric fluid. The following as-                     Rodenticide Act) when manufactured,
                               sumptions may be used if the actual                        processed, or distributed in commerce
                               weight of the dielectric fluid is un-                      for use as a pesticide; tobacco or any
                               known. A capacitor whose total volume                      tobacco product; any source material,
                               is less than 1,639 cubic centimeters (100                  special nuclear material, or byproduct
                               cubic inches) may be considered to con-                    material (as such terms are defined in
                               tain less than 1.36 kgs (3 lbs.) of dielec-                the Atomic Energy Act of 1954 and reg-
                               tric fluid and a capacitor whose total                     ulations issued under such Act); any
                               volume is more than 3,278 cubic centi-                     article the sale of which is subject to
                               meters (200 cubic inches) must be con-                     the tax imposed by section 4181 of the
                               sidered to contain more than 1.36 kg (3                    Internal Revenue Code of 1954 (deter-
                               lbs.) of dielectric fluid. A capacitor                     mined without regard to any exemp-
                               whose volume is between 1,639 and 3,278                    tions from such tax provided by section
                               cubic centimeters may be considered to                     4182 or section 4221 or any provisions of
                               contain less then 1.36 kg (3 lbs.) of di-                  such Code); and any food, food additive,
                               electric fluid if the total weight of the                  drug, cosmetic, or device (as such
                               capacitor is less than 4.08 kg (9 lbs.).                   terms are defined in section 201 of the
                                 (2) Large high voltage capacitor means                   Federal Food, Drug, and Cosmetic Act)
                               a capacitor which contains 1.36 kg (3                      when manufactured, processed, or dis-
                               lbs.) or more of dielectric fluid and                      tributed in commerce for use as a food,
                               which operates at 2,000 volts (a.c. or                     food additive, drug, cosmetic, or de-
                               d.c.) or above.                                            vice.
                                 (3) Large low voltage capacitor means a                     Chemical waste landfill means a land-
                               capacitor which contains 1.36 kg (3 lbs.)                  fill at which protection against risk of
                               or more of dielectric fluid and which                      injury to health or the environment
                               operates below 2,000 volts (a.c. or d.c.).                 from migration of PCBs to land, water,
                                 CERCLA means the Comprehensive                           or the atmosphere is provided from
                               Environmental Response, Compensa-                          PCBs and PCB Items deposited therein

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                               § 761.3                                                                 40 CFR Ch. I (7–1–01 Edition)

                               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,
                               removed while servicing the equipment                      means any person who owns or oper-
                               owned by others and brokered for dis-                      ates a facility approved by EPA for the
                               posal. The receipt of a fee or any other                   disposal of PCB waste which is regu-
                               form of compensation for storage serv-                     lated for disposal under the require-
                               ices is not necessary to qualify as a                      ments of subpart D of this part.
                               commercial storer of PCB waste. A                            Distribute in commerce and Distribution
                               generator who only stores its own                          in Commerce when used to describe an
                               waste is subject to the storage require-                   action taken with respect to a chem-
                               ments of § 761.65, but is not required to                  ical substance, mixture, or article con-
                               obtain approval as a commercial stor-                      taining a substance or mixture means
                               er. If a facility’s storage of PCB waste                   to sell, or the sale of, the substance,
                               generated by others at no time exceeds                     mixture, or article in commerce; to in-
                               a total of 500 gallons of liquid and/or                    troduce or deliver for introduction into
                               non-liquid material containing PCBs at                     commerce, or the introduction or de-
                               regulated levels, the owner or operator                    livery for introduction into commerce
                               is a commercial storer but is not re-                      of the substance, mixture, or article; or
                               quired to seek EPA approval as a com-                      to hold or the holding of, the sub-
                               mercial storer of PCB waste. Storage of                    stance, mixture, or article after its in-
                               one company’s PCB waste by a related                       troduction into commerce.
                               company is not considered commercial                         DOT means the United States De-
                               storage. A ‘‘related company’’ includes,                   partment of Transportation.
                               but is not limited to: a parent company                      Dry weight means the weight of the
                               and its subsidiaries; sibling companies                    sample, excluding the weight of the
                               owned by the same parent company;                          water in the sample. Prior to chemical
                               companies owned by a common holding                        analysis the water may be removed by
                               company; members of electric coopera-                      any reproducible method that is appli-
                               tives; entities within the same Execu-                     cable to measuring PCBs in the sample
                               tive agency as defined at 5 U.S.C. 105;                    matrix at the concentration of con-
                               and a company having a joint owner-                        cern, such as air drying at ambient
                               ship interest in a facility from which                     temperature, filtration, decantation,
                               PCB waste is generated (such as a                          heating at low temperature followed by
                               jointly owned electric power gener-                        cooling in the presence of a desiccant,
                               ating station) where the PCB waste is                      or other processes or combinations of
                               stored by one of the co-owners of the                      processes which would remove water
                               facility. A ‘‘related company’’ does not                   but not remove PCBs from the sample.

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                               Environmental Protection Agency                                                                       § 761.3

                               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;
                               ported into the United States must
                               have an annual average of less than 25                        (iii) The resulting PCB concentration
                               ppm, with a 50 ppm maximum.                                (i.e. below 50 ppm) is not a result of di-
                                 (2) The concentration of inadvert-                       lution, or leaks and spills of PCBs in
                               ently generated PCBs in the compo-                         concentrations over 50 ppm.
                               nents of detergent bars leaving the                           Facility means all contiguous land,
                               manufacturing site or imported into                        and structures, other appurtenances,
                               the United States must be less than 5                      and improvements on the land, used for
                               ppm.                                                       the treatment, storage, or disposal of
                                 (3) The release of inadvertently gen-                    PCB waste. A facility may consist of
                               erated PCBs at the point at which                          one or more treatment, storage, or dis-
                               emissions are vented to ambient air                        posal units.
                               must be less than 10 ppm.                                     Fluorescent light ballast means a de-
                                 (4) The amount of inadvertently gen-                     vice that electrically controls fluores-
                               erated PCBs added to water discharged                      cent light fixtures and that includes a
                               from a manufacturing site must be less                     capacitor containing 0.1 kg or less of
                               than 100 micrograms per resolvable gas                     dielectric.
                               chromatographic peak per liter of                             Generator of PCB waste means any
                               water discharged.                                          person whose act or process produces
                                 (5) Disposal of any other process                        PCBs that are regulated for disposal
                               wastes above concentrations of 50 ppm                      under subpart D of this part, or whose
                               PCB must be in accordance with sub-                        act first causes PCBs or PCB Items to
                               part D of this part.                                       become subject to the disposal require-
                                 Excluded PCB products means PCB                          ments of subpart D of this part, or who
                               materials which appear at concentra-                       has physical control over the PCBs
                               tions less than 50 ppm, including but                      when a decision is made that the use of
                               not limited to:                                            the PCBs has been terminated and
                                 (1) Non-Aroclor inadvertently gen-                       therefore is subject to the disposal re-
                               erated PCBs as a byproduct or impu-                        quirements of subpart D of this part.
                               rity resulting from a chemical manu-                       Unless another provision of this part
                               facturing process.                                         specifically requires a site-specific
                                 (2) Products contaminated with                           meaning, ‘‘generator of PCB waste’’ in-
                               Aroclor or other PCB materials from                        cludes all of the sites of PCB waste
                               historic PCB uses (investment casting                      generation owned or operated by the
                               waxes are one example).                                    person who generates PCB waste.

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                               § 761.3                                                                 40 CFR Ch. I (7–1–01 Edition)

                                 High occupancy area means any area                       ucts, wood and paper products, chemi-
                               where PCB remediation waste has been                       cals, plastics, and metals.
                               disposed of on-site and where occu-                          Laboratory means a facility that ana-
                               pancy for any individual not wearing                       lyzes samples for PCBs and is unaffili-
                               dermal and respiratory protection for a                    ated with any entity whose activities
                               calendar year is: 840 hours or more (an                    involve PCBs.
                               average of 16.8 hours or more per week)                      Leak or leaking means any instance
                               for non-porous surfaces and 335 hours                      in which a PCB Article, PCB Con-
                               or more (an average of 6.7 hours or                        tainer, or PCB Equipment has any
                               more per week) for bulk PCB remedi-                        PCBs on any portion of its external
                               ation waste. Examples could include a                      surface.
                               residence, school, day care center,                          Liquid PCBs means a homogenous
                               sleeping quarters, a single or multiple                    flowable material containing PCBs and
                               occupancy 40 hours per week work sta-                      no more than 0.5 percent by weight
                               tion, a school class room, a cafeteria in                  non-dissolved material.
                               an industrial facility, a control room,                      Low occupancy area means any area
                               and a work station at an assembly line.                    where PCB remediation waste has been
                                 Importer means any person defined as                     disposed of on-site and where occu-
                               an ‘‘importer’’ at § 720.3(l) of this chap-                pancy for any individual not wearing
                               ter who imports PCBs or PCB Items                          dermal and respiratory protection for a
                               and is under the jurisdiction of the                       calendar year is: less than 840 hours (an
                               United States.                                             average of 16.8 hours per week) for non-
                                 Impurity means a chemical substance                      porous surfaces and less than 335 hours
                               which is unintentionally present with                      (an average of 6.7 hours per week) for
                               another chemical substance.                                bulk PCB remediation waste. Examples
                                                                                          could include an electrical substation
                                 In or Near Commercial Buildings means
                                                                                          or a location in an industrial facility
                               within the interior of, on the roof of,
                                                                                          where a worker spends small amounts
                               attached to the exterior wall of, in the
                                                                                          of time per week (such as an unoccu-
                               parking area serving, or within 30 me-
                                                                                          pied area outside a building, an elec-
                               ters of a non-industrial non-substation
                                                                                          trical equipment vault, or in the non-
                               building. Commercial buildings are                         office space in a warehouse where occu-
                               typically accessible to both members                       pancy is transitory).
                               of the general public and employees,                         Manifest means the shipping docu-
                               and include: (1) Public assembly prop-                     ment EPA form 8700–22 and any con-
                               erties, (2) educational properties, (3) in-                tinuation sheet attached to EPA form
                               stitutional properties, (4) residential                    8700–22, originated and signed by the
                               properties, (5) stores, (6) office build-                  generator of PCB waste in accordance
                               ings, and (7) transportation centers                       with the instructions included with the
                               (e.g., airport terminal buildings, sub-                    form and subpart K of this part.
                               way stations, bus stations, or train sta-                    Manned Control Center means an elec-
                               tions).                                                    trical power distribution control room
                                 Incinerator means an engineered de-                      where the operating conditions of a
                               vice using controlled flame combustion                     PCB Transformer are continuously
                               to thermally degrade PCBs and PCB                          monitored during the normal hours of
                               Items. Examples of devices used for in-                    operation (of the facility), and, where
                               cineration include rotary kilns, liquid                    the duty engineers, electricians, or
                               injection incinerators, cement kilns,                      other trained personnel have the capa-
                               and high temperature boilers.                              bility to deenergize a PCB Transformer
                                 Industrial building means a building                     completely within 1 minute of the re-
                               directly used in manufacturing or tech-                    ceipt of a signal indicating abnormal
                               nically productive enterprises. Indus-                     operating conditions such as an over-
                               trial buildings are not generally or                       temperature condition or overpressure
                               typically accessible to other than                         condition in a PCB Transformer.
                               workers. Industrial buildings include                        Manufacture means to produce, man-
                               buildings used directly in the produc-                     ufacture, or import into the customs
                               tion of power, the manufacture of prod-                    territory of the United States.
                               ucts, the mining of raw materials, and                       Manufacturing process means all of a
                               the storage of textiles, petroleum prod-                   series of unit operations operating at a

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                               Environmental Protection Agency                                                                       § 761.3

                               site, resulting in the production of a                     separators, etc., but not including air
                               product.                                                   compressors).
                                 Mark means the descriptive name, in-                        Non-liquid PCBs means materials con-
                               structions, cautions, or other informa-                    taining PCBs that by visual inspection
                               tion applied to PCBs and PCB Items, or                     do not flow at room temperature (25 °C
                               other objects subject to these regula-                     or 77 °F) or from which no liquid passes
                               tions.                                                     when a 100 g or 100 ml representative
                                 Marked means the marking of PCB                          sample is placed in a mesh number 60 ±
                               Items and PCB storage areas and trans-                     5 percent paint filter and allowed to
                               port vehicles by means of applying a                       drain at room temperature for 5 min-
                               legible mark by painting, fixation of an                   utes.
                               adhesive label, or by any other method                        Non-PCB Transformer means any
                               that meets the requirements of these                       transformer that contains less than 50
                               regulations.                                               ppm PCB; except that any transformer
                                 Market/Marketers means the proc-                         that has been converted from a PCB
                               essing or distributing in commerce, or                     Transformer or a PCB-Contaminated
                               the person who processes or distributes                    Transformer cannot be classified as a
                               in commerce, used oil fuels to burners                     non-PCB Transformer until reclassi-
                               or other marketers, and may include                        fication has occurred, in accordance
                               the generator of the fuel if it markets                    with        the       requirements     of
                               the fuel directly to the burner.                           § 761.30(a)(2)(v).
                                 Mineral Oil PCB Transformer means                           Non-porous surface means a smooth,
                               any transformer originally designed to                     unpainted solid surface that limits pen-
                               contain mineral oil as the dielectric                      etration of liquid containing PCBs be-
                               fluid and which has been tested and                        yond the immediate surface. Examples
                               found to contain 500 ppm or greater                        are: smooth uncorroded metal; natural
                               PCBs.                                                      gas pipe with a thin porous coating
                                 Mixture means any combination of                         originally applied to inhibit corrosion;
                               two or more chemical substances if the                     smooth glass; smooth glazed ceramics;
                               combination does not occur in nature                       impermeable polished building stone
                               and is not, in whole or in part, the re-                   such as marble or granite; and high
                               sult of a chemical reaction; except that                   density         plastics,     such     as
                               such term does include any combina-                        polycarbonates and melamines, that do
                               tion which occurs, in whole or in part,                    not absorb organic solvents.
                               as a result of a chemical reaction if                         NTIS means the National Technical
                               none of the chemical substances com-                       Information Service, U.S. Department
                               prising the combination is a new chem-                     of Commerce, 5285 Port Royal Rd.,
                               ical substance and if the combination                      Springfield, VA 22161.
                               could have been manufactured for com-                         On site means within the boundaries
                               mercial purposes without a chemical                        of a contiguous property unit.
                               reaction at the time the chemical sub-                        Open burning means the combustion
                               stances comprising the combination                         of any PCB regulated for disposal, in a
                               were combined.                                             manner not approved or otherwise al-
                                 Municipal solid wastes means garbage,                    lowed under subpart D of this part, and
                               refuse, sludges, wastes, and other dis-                    without any of the following:
                               carded materials resulting from resi-                         (1) Control of combustion air to
                               dential and non-industrial operations                      maintain adequate temperature for ef-
                               and activities, such as household ac-                      ficient combustion.
                               tivities, office functions, and commer-                       (2) Containment of the combustion
                               cial housekeeping wastes.                                  reaction in an enclosed device to pro-
                                 Natural gas pipeline system means nat-                   vide sufficient residence time and mix-
                               ural gas gathering facilities, natural                     ing for complete combustion.
                               gas pipe, natural gas compressors, nat-                       (3) Control of emission of the gaseous
                               ural gas storage facilities, and natural                   combustion products.
                               gas pipeline appurtenances (including                         PCB and PCBs means any chemical
                               instrumentation and vessels directly in                    substance that is limited to the
                               contact with transported natural gas                       biphenyl molecule that has been
                               such as valves, regulators, drips, filter                  chlorinated to varying degrees or any

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                               § 761.3                                                                 40 CFR Ch. I (7–1–01 Edition)

                               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                       (4) Fluorescent light ballasts con-
                               PCBs. ‘‘PCB Article’’ includes capaci-                     taining PCBs in the potting material.
                               tors, transformers, electric motors,                          PCB Capacitor means any capacitor
                               pumps, pipes and any other manufac-                        that contains ≥500 ppm PCB. Con-
                               tured item (1) which is formed to a spe-                   centration assumptions applicable to
                               cific shape or design during manufac-
                                                                                          capacitors appear under § 761.2.
                               ture, (2) which has end use function(s)
                                                                                             PCB Container means any package,
                               dependent in whole or in part upon its
                                                                                          can, bottle, bag, barrel, drum, tank, or
                               shape or design during end use, and (3)
                               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.
                               have no commercial purpose separate                           PCB-Contaminated means a non-liquid
                               from that of the PCB Article.                              material containing PCBs at con-
                                  PCB Article Container means any                         centrations ≥50 ppm but <500 ppm; a liq-
                               package, can, bottle, bag, barrel, drum,                   uid material containing PCBs at con-
                               tank, or other device used to contain                      centrations ≥50 ppm but <500 ppm or
                               PCB Articles or PCB Equipment, and                         where insufficient liquid material is
                               whose surface(s) has not been in direct                    available for analysis, a non-porous
                               contact with PCBs.                                         surface having a surface concentration
                                  PCB bulk product waste means waste                      >10 µg/100 cm2 but <100 µg/100 cm2,
                               derived from manufactured products                         measured by a standard wipe test as
                               containing PCBs in a non-liquid state,                     defined in § 761.123.
                               at any concentration where the con-                           PCB-Contaminated Electrical Equip-
                               centration at the time of designation                      ment means any electrical equipment
                               for disposal was ≥50 ppm PCBs. PCB                         including, but not limited to, trans-
                               bulk product waste does not include                        formers (including those used in rail-
                               PCBs or PCB Items regulated for dis-                       way locomotives and self-propelled
                               posal under § 761.60(a) through (c),                       cars), capacitors, circuit breakers, re-
                               § 761.61, § 761.63, or § 761.64. PCB bulk                  closers, voltage regulators, switches
                               product waste includes, but is not lim-                    (including sectionalizers and motor
                               ited to:                                                   starters), electromagnets, and cable,
                                  (1) Non-liquid bulk wastes or debris                    that contains PCBs at concentrations
                               from the demolition of buildings and                       of ≥50 ppm and <500 ppm in the con-
                               other man-made structures manufac-                         taminating fluid. In the absence of liq-
                               tured, coated, or serviced with PCBs.                      uids, electrical equipment is PCB-Con-
                               PCB bulk product waste does not in-                        taminated if it has PCBs at >10 µg/100
                               clude debris from the demolition of                        cm2 and <100 µg/100 cm2 as measured by
                               buildings or other man-made struc-                         a standard wipe test (as defined in
                               tures that is contaminated by spills                       § 761.123) of a non-porous surface.
                               from regulated PCBs which have not                            PCB Equipment means any manufac-
                               been disposed of, decontaminated, or                       tured item, other than a PCB Con-
                               otherwise cleaned up in accordance                         tainer or a PCB Article Container,
                               with subpart D of this part.                               which contains a PCB Article or other

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                               Environmental Protection Agency                                                                       § 761.3

                               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
                                 PCB household waste means PCB                            sediment fines, and aqueous decantate
                               waste that is generated by residents on
                                                                                          from sediment.
                               the premises of a temporary or perma-
                                                                                             (2) Sewage sludge containing <50 ppm
                               nent residence for individuals (includ-
                                                                                          PCBs and not in use according to
                               ing individually owned or rented units
                               of a multi-unit construction), and that                    § 761.20(a)(4); PCB sewage sludge; com-
                               is composed primarily of materials                         mercial or industrial sludge contami-
                               found in wastes generated by con-                          nated as the result of a spill of PCBs
                               sumers in their homes. PCB household                       including sludges located in or re-
                               waste includes unwanted or discarded                       moved from any pollution control de-
                               non-commercial vehicles (prior to                          vice; aqueous decantate from an indus-
                               shredding), household items, and appli-                    trial sludge.
                               ances or appliance parts and wastes                           (3) Buildings and other man-made
                               generated on the premises of a resi-                       structures (such as concrete floors,
                               dence for individuals as a result of rou-                  wood floors, or walls contaminated
                               tine household maintenance by or on                        from a leaking PCB or PCB-Contami-
                               behalf of the resident. Bulk or commin-                    nated Transformer), porous surfaces,
                               gled liquid PCB wastes at concentra-                       and non-porous surfaces.
                               tions of ≥50 ppm, demolition and ren-                         PCB sewage sludge means sewage
                               ovation wastes, and industrial or heavy                    sludge as defined in 40 CFR 503.9(w)
                               duty equipment with PCBs are not                           which contains ≥50 ppm PCBs, as meas-
                               household wastes.                                          ured on a dry weight basis.
                                 PCB Item means any PCB Article,                             PCB Transformer means any trans-
                               PCB Article Container, PCB Container,                      former that contains ≥500 ppm PCBs.
                               PCB Equipment, or anything that de-                        For PCB concentration assumptions
                               liberately or unintentionally contains                     applicable to transformers containing
                               or has as a part of it any PCB or PCBs.                    1.36 kilograms (3 lbs.) or more of fluid
                                 PCB/radioactive waste means PCBs                         other than mineral oil, see § 761.2. For
                               regulated for disposal under subpart D                     provisions permitting reclassification
                               of this part that also contain source,                     of electrical equipment, including PCB
                               special nuclear, or byproduct material                     Transformers, containing ≥500 ppm
                               subject to regulation under the Atomic                     PCBs to PCB-Contaminated Electrical
                               Energy Act of 1954, as amended, or nat-                    Equipment, see § 761.30(a) and (h).

                                                                                    549



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                               § 761.3                                                                 40 CFR Ch. I (7–1–01 Edition)

                                 PCB waste(s) means those PCBs and                        ceived by the person so preparing such
                               PCB Items that are subject to the dis-                     substance or mixture, or
                               posal requirements of subpart D of this                       (2) As part of an article containing
                               part.                                                      the chemical substance or mixture.
                                 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-
                                                                                          servation and Recovery Act (42 U.S.C.
                               metal; fibrous glass or glass wool;
                                                                                          6925(c)) (RCRA).
                               unglazed ceramics; ceramics with a po-
                                                                                             (4) Industrial furnaces and boilers
                               rous glaze; porous building stone such
                                                                                          which are identified in 40 CFR 260.10
                               as sandstone, travertine, limestone, or
                                                                                          and 40 CFR 279.61 (a)(1) and (2) when op-
                               coral rock; low-density plastics such as
                                                                                          erating at their normal operating tem-
                               styrofoam      and    low-density    poly-
                                                                                          peratures (this prohibits feeding fluids,
                               ethylene; coated (varnished or painted)
                                                                                          above the level of detection, during ei-
                               or uncoated wood; concrete or cement;
                                                                                          ther startup or shutdown operations).
                               plaster; plasterboard; wallboard; rub-
                                                                                             Quantifiable Level/Level of Detection
                               ber; fiberboard; chipboard; asphalt; or
                                                                                          means 2 micrograms per gram from
                               tar paper. For purposes of cleaning and                    any resolvable gas chromatographic
                               disposing of PCB remediation waste,                        peak, i.e. 2 ppm.
                               porous surfaces have different require-                       RCRA means the Resource Conserva-
                               ments than non-porous surfaces.                            tion and Recovery Act (40 U.S.C. 6901 et
                                 Posing an exposure risk to food or feed                  seq.).
                               means being in any location where                             Recycled PCBs means those PCBs
                               human food or animal feed products                         which appear in the processing of paper
                               could be exposed to PCBs released from                     products or asphalt roofing materials
                               a PCB Item. A PCB Item poses an expo-                      from PCB-contaminated raw materials.
                               sure risk to food or feed if PCBs re-                      Processes which recycle PCBs must
                               leased in any way from the PCB Item                        meet the following requirements:
                               have a potential pathway to human                             (1) There are no detectable con-
                               food or animal feed. EPA considers                         centrations of PCBs in asphalt roofing
                               human food or animal feed to include                       material products leaving the proc-
                               items regulated by the U.S. Depart-                        essing site.
                               ment of Agriculture or the Food and                           (2) The concentration of PCBs in
                               Drug Administration as human food or                       paper products leaving any manufac-
                               animal feed; this includes direct addi-                    turing site processing paper products,
                               tives. Food or feed is excluded from                       or in paper products imported into the
                               this definition if it is used or stored in                 United States, must have an annual av-
                               private homes.                                             erage of less than 25 ppm with a 50 ppm
                                 Process means the preparation of a                       maximum.
                               chemical substance or mixture, after                          (3) The release of PCBs at the point
                               its manufacture, for distribution in                       at which emissions are vented to ambi-
                               commerce:                                                  ent air must be less than 10 ppm.
                                 (1) In the same form or physical state                      (4) The amount of Aroclor PCBs
                               as, or in a different form or physical                     added to water discharged from an as-
                               state from, that in which it was re-                       phalt roofing processing site must at

                                                                                    550



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                               Environmental Protection Agency                                                                       § 761.3

                               all times be less than 3 micrograms per                      Soil washing means the extraction of
                               liter (µg/L) for total Aroclors (roughly                   PCBs from soil using a solvent, recov-
                               3 parts per billion (3 ppb)). Water dis-                   ering the solvent from the soil, sepa-
                               charges from the processing of paper                       rating the PCBs from the recovered
                               products must at all times be less than                    solvent for disposal, and then disposal
                               3 micrograms per liter (µg/L) for total                    or reuse of the solvent.
                               Aroclors (roughly 3 ppb), or comply                          Standard wipe sample means a sample
                               with the equivalent mass-based limita-                     collected for chemical extraction and
                               tion.                                                      analysis using the standard wipe test
                                  (5) Disposal of any other process                       as defined in § 761.123. Except as des-
                               wastes at concentrations of 50 ppm or                      ignated elsewhere in part 761, the min-
                               greater must be in accordance with                         imum surface area to be sampled shall
                               subpart D of this part.                                    be 100 cm2.
                                  Research and development (R&D) for                        Storage for disposal means temporary
                               PCB disposal means demonstrations for                      storage of PCBs that have been des-
                               commercial PCB disposal approvals,                         ignated for disposal.
                               pre-demonstration tests, tests of major                      SW–846 means the document having
                               modifications to previously approved                       the title ‘‘SW-846, Test Methods for
                               PCB disposal technologies, treatability                    Evaluating Solid Waste,’’ which is
                               studies for PCB disposal technologies                      available from either the National
                               which have not been approved, develop-
                                                                                          Technical Information Service (NTIS,
                               ment of new disposal technologies, and
                                                                                          U.S. Department of Commerce, 5285
                               research on chemical transformation
                                                                                          Port Royal Rd., Springfield, VA 22161,
                               processes including, but not limited to,
                                                                                          telephone: (703) 487-4650 or the U.S.
                               biodegradation.
                                                                                          Government Printing Office (U.S. GPO,
                                  Retrofill means to remove PCB or
                                                                                          710 North Capitol St., NW., Wash-
                               PCB-contaminated dielectric fluid and
                                                                                          ington, DC 20401, telephone: (202) 783-
                               to replace it with either PCB, PCB-con-
                                                                                          3238.
                               taminated, or non-PCB dielectric fluid.
                                  Rupture of a PCB Transformer means a                      Totally enclosed manner means any
                               violent or non-violent break in the in-                    manner that will ensure no exposure of
                               tegrity of a PCB Transformer caused                        human beings or the environment to
                               by an overtemperature and/or over-                         any concentration of PCBs.
                               pressure condition that results in the                       Transfer facility means any transpor-
                               release of PCBs.                                           tation-related facility including load-
                                  Sale for purposes other than resale                     ing docks, parking areas, and other
                               means sale of PCBs for purposes of dis-                    similar areas where shipments of PCB
                               posal and for purposes of use, except                      waste are held during the normal
                               where use involves sale for distribution                   course of transportation. Transport ve-
                               in commerce. PCB Equipment which is                        hicles are not transfer facilities under
                               first leased for purposes of use any                       this definition, unless they are used for
                               time before July 1, 1979, will be consid-                  the storage of PCB waste, rather than
                               ered sold for purposes other than re-                      for actual transport activities. Storage
                               sale.                                                      areas for PCB waste at transfer facili-
                                  Sewage sludge means sewage sludge as                    ties are subject to the storage facility
                               defined in § 503.9(w) of this chapter that                 standards of § 761.65, but such storage
                               contains <50 ppm (on a dry weight                          areas are exempt from the approval re-
                               basis) PCBs.                                               quirements of § 761.65(d) and the record-
                                  Small quantities for research and devel-                keeping requirements of § 761.180, un-
                               opment means any quantity of PCBs (1)                      less the same PCB waste is stored there
                               that is originally packaged in one or                      for a period of more than 10 consecu-
                               more hermetically sealed containers of                     tive days between destinations.
                               a volume of no more than five (5.0) mil-                     Transporter of PCB waste means, for
                               liliters, and (2) that is used only for                    the purposes of subpart K of this part,
                               purposes of scientific experimentation                     any person engaged in the transpor-
                               or analysis, or chemical research on, or                   tation of regulated PCB waste by air,
                               analysis of, PCBs, but not for research                    rail, highway, or water for purposes
                               or analysis for the development of a                       other than consolidation by a gener-
                               PCB product.                                               ator.

                                                                                    551



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                               § 761.19                                                                  40 CFR Ch. I (7–1–01 Edition)

                                  Transport vehicle means a motor vehi-                   weight, or the volume and density, of
                               cle or rail car used for the transpor-                     all liquids.
                               tation of cargo by any mode. Each
                                                                                          (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               cargo-carrying body (e.g., trailer, rail-
                                                                                          2605)
                               road freight car) is a separate trans-
                               port vehicle.                                              [49 FR 25239, June 20, 1984, as amended at 49
                                  Treatability Study means a study in                     FR 28189, July 10, 1984; 49 FR 29066, July 18,
                               which PCB waste is subjected to a                          1984; 49 FR 44638, Nov. 8, 1984; 50 FR 29199,
                               treatment process to determine:                            July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR
                                                                                          24220, June 27, 1988; 53 FR 27327, July 19, 1988;
                                  (1) Whether the waste is amenable to                    54 FR 52745, Dec. 21, 1989; 55 FR 26205, June
                               the treatment process;                                     27, 1990; 58 FR 32061, June 8, 1993; 61 FR 11106,
                                  (2) What pretreatment (if any) is re-                   Mar. 18, 1996; 63 FR 35437, June 29, 1998; 64 FR
                               quired;                                                    33759, June 24, 1999]
                                  (3) The optimal process conditions
                               needed to achieve the desired treat-                       § 761.19     References.
                               ment;                                                        (a) [Reserved]
                                  (4) The efficiency of a treatment                         (b) Incorporation by reference. The fol-
                               process for the specific type of waste                     lowing material is incorporated by ref-
                               (i.e., soil, sludge, liquid, etc.); or,                    erence, and is available for inspection
                                  (5) The characteristics and volumes                     at the Office of the Federal Register,
                               of residuals from a particular treat-                      800 North Capitol St., NW., Suite 700,
                               ment process. A ‘‘treatability study’’ is
                                                                                          Washington, DC. These incorporations
                               not a mechanism to commercially
                                                                                          by reference were approved by the Di-
                               treat or dispose of PCB waste. Treat-
                                                                                          rector of the Office of the Federal Reg-
                               ment is a form of disposal under this
                               part.                                                      ister. These materials are incorporated
                                  TSCA means the Toxic Substances                         as they exist on the date of approval
                               Control Act (15 U.S.C. 2601 et seq.).                      and a notice of any change in these ma-
                                  TSCA PCB Coordinated Approval                           terials will be published in the FED-
                                                                                          ERAL REGISTER. Copies of the incor-
                               means the process used to recognize
                               other Federal or State waste manage-                       porated material are available for in-
                               ment documents governing the storage,                      spection at the TSCA Nonconfidential
                               cleanup, treatment, and disposal of                        Information Center (7407), Rm. B607,
                               PCB wastes. It is the mechanism under                      Northeast Mall, Office of Pollution
                               TSCA for accomplishing review, co-                         Prevention and Toxics, Environmental
                               ordination, and approval of PCB waste                      Protection Agency, 401 M St., SW.,
                               management activities which are con-                       Washington, DC 20460. Copies of the in-
                               ducted outside of the TSCA PCB ap-                         corporated material may be obtained
                               proval process, but require approval                       from the American Society for Testing
                               under the TSCA PCB regulations at 40                       and Materials (ASTM), 100 Barr Harbor
                               CFR part 761.                                              Drive, West Conshohocken, PA 19428–
                                  Unit means a particular building,                       2959.
                               structure, or cell used to manage PCB
                               waste (including, but not limited to, a                           References                      CFR Citation
                               building used for PCB waste storage, a                     ASTM D 93 – 90 Standard      § 761.71(b)(2)(vi);
                               landfill, an industrial boiler, or an in-                   Test Methods for Flash         § 761.75(b)(8)(iii)
                               cinerator).                                                 Point by Pensky-Martens
                                                                                           Closed Tester.
                                  U.S. GPO means the U.S. Government
                                                                                          ASTM D 129–64 (Re-           § 761.71(b)(2)(vi)
                               Printing Office, 710 North Capitol St.,                     approved 1978) Standard
                               NW., Washington, DC 20401.                                  Test Method for Sulfur in
                                  Waste Oil means used products pri-                       Petroleum Products
                                                                                           (General Bomb Method).
                               marily derived from petroleum, which
                                                                                          ASTM D 240–87 Standard       § 761.71(b)(2)(vi)
                               include, but are not limited to, fuel                       Test Method for Heat of
                               oils, motor oils, gear oils, cutting oils,                  Combustion of Liquid Hy-
                               transmission fluids, hydraulic fluids,                      drocarbon Fuel by Bomb
                                                                                           Calorimeter.
                               and dielectric fluids.
                                                                                          ASTM D 482–87 Standard       § 761.71(b)(2)(vi)
                                  Wet weight means reporting chemical                      Test Method for Ash from
                               analysis results by including either the                    Petroleum Products.


                                                                                    552



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                               Environmental Protection Agency                                                                                § 761.20

                                       References                       CFR Citation               Subpart B—Manufacturing, Proc-
                               ASTM D 524–88 Standard        § 761.71(b)(2)(vi)                       essing, Distribution in Com-
                                Test Method for                                                       merce, and Use of PCBs and
                                Ramsbottom Carbon
                                Residue of Petroleum                                                  PCB Items
                                Products.
                               ASTM D 808–87 Standard        § 761.71(b)(2)(vi)                    § 761.20    Prohibitions and exceptions.
                                Test Method for Chlorine
                                in New and Used Petro-                                               Except as authorized in § 761.30, the
                                leum Products (Bomb                                                activities listed in paragraphs (a) and
                                Method).                                                           (d) of this section are prohibited pursu-
                               ASTM D 923–86 Standard        § 761.60(g)(1)(ii); (g)(2)(ii)
                                Test Method for Sampling                                           ant to section 6(e)(2) of TSCA. The re-
                                Electrical Insulating Liq-                                         quirements set forth in paragraph (c) of
                                uids.                                                              this section and subpart F of this part
                               ASTM D 923–89 Standard        § 761.60(g)(1)(ii); (g)(2)(ii)        concerning export and import of PCBs
                                Methods of Sampling
                                Electrical Insulating Liq-                                         and PCB Items for disposal are estab-
                                uids.                                                              lished pursuant to section 6(e)(1) of
                               ASTM D 1266–87 Standard       § 761.71(b)(2)(vi)                    TSCA. Subject to any exemptions
                                Test Method for Sulfur in
                                Petroleum Products
                                                                                                   granted pursuant to section 6(e)(3)(B)
                                (Lamp Method).                                                     of TSCA, the activities listed in para-
                               ASTM D 1796–83 (Re-           § 761.71(b)(2)(vi)                    graphs (b) and (c) of this section are
                                approved 1990) Standard                                            prohibited     pursuant      to   section
                                Test Method for Water
                                and Sediment in Fuel
                                                                                                   (6)(e)(3)(A) of TSCA. In addition, the
                                Oils by the Centrifuge                                             Administrator hereby finds, under the
                                Method (Laboratory Pro-                                            authority of section 12(a)(2) of TSCA,
                                cedure).                                                           that the manufacture, processing, and
                               ASTM D 2158–89 Standard       § 761.71(b)(2)(vi)
                                Test Method for Residues
                                                                                                   distribution in commerce of PCBs at
                                in Liquified Petroleum                                             concentrations of 50 ppm or greater
                                (LP) Gases.                                                        and PCB Items with PCB concentra-
                               ASTM D 2709–88 Standard       § 761.71(b)(2)(vi)                    tions of 50 ppm or greater present an
                                Test Method for Water
                                and Sediment in Distillate
                                                                                                   unreasonable risk of injury to health
                                Fuels by Centrifuge.                                               within the United States. This finding
                               ASTM D 2784–89 Standard       § 761.71(b)(2)(vi)                    is based upon the well-documented
                                Test Method for Sulfur in                                          human health and environmental haz-
                                Liquified Petroleum
                                Gases (Oxy-hydrogen                                                ard of PCB exposure, the high prob-
                                Burner or Lamp).                                                   ability of human and environmental
                               ASTM D 3178–84 Standard       § 761.71(b)(2)(vi)                    exposure to PCBs and PCB Items from
                                Test Methods for Carbon                                            manufacturing, processing, or distribu-
                                and Hydrogen in the
                                Analysis Sample of Coke                                            tion activities; the potential hazard of
                                and Coal.                                                          PCB exposure posed by the transpor-
                               ASTM D 3278–89 Standard       § 761.75(b)(8)(iii)                   tation of PCBs or PCB Items within
                                Test Methods for Flash                                             the United States; and the evidence
                                Point of Liquids by
                                Setaflash Closed-Cup                                               that contamination of the environment
                                Apparatus.                                                         by PCBs is spread far beyond the areas
                               ASTM E 258–67 (Re-            § 761.71(b)(2)(vi)                    where they are used. In addition, the
                                approved 1987) Standard                                            Administrator hereby finds, for pur-
                                Test Method for Total Ni-
                                trogen Inorganic Material                                          poses of section 6(e)(2)(C) of TSCA, that
                                by Modified KJELDAHL                                               any exposure of human beings or the
                                Method.                                                            environment to PCBs, as measured or
                                                                                                   detected by any scientifically accept-
                               [47 FR 22098, May 21, 1982, as amended at 49                        able analytical method, may be signifi-
                               FR 29067, July 18, 1984; 49 FR 36648, Sept. 19,                     cant, depending on such factors as the
                               1984; 53 FR 10391, Mar. 31, 1988; 53 FR 12524,                      quantity of PCBs involved in the expo-
                               Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 FR                     sure, the likelihood of exposure to hu-
                               13323, Apr. 16, 1992; 59 FR 33697, June 30, 1994;                   mans and the environment, and the ef-
                               60 FR 34465, July 3, 1995; 63 FR 35439, June 29,                    fect of exposure. For purposes of deter-
                               1998; 64 FR 33759, June 24, 1999]                                   mining which PCB Items are totally
                                                                                                   enclosed, pursuant to section 6(e)(2)(C)
                                                                                                   of TSCA, since exposure to such Items
                                                                                                   may be significant, the Administrator

                                                                                              553



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                               § 761.20                                                                40 CFR Ch. I (7–1–01 Edition)

                               further finds that a totally enclosed                      works, as defined in § 503.9(aa) of this
                               manner is a manner which results in no                     chapter.
                               exposure to humans or the environ-                            (b) No person may manufacture PCBs
                               ment to PCBs. The following activities                     for use within the United States or
                               are considered totally enclosed: dis-                      manufacture PCBs for export from the
                               tribution in commerce of intact, non-                      United States without an exemption,
                               leaking electrical equipment such as                       except that: an exemption is not re-
                               transformers (including transformers                       quired for PCBs manufactured in an ex-
                               used in railway locomotives and self-                      cluded manufacturing process as de-
                               propelled          cars),     capacitors,                  fined in § 761.3, provided all applicable
                               electromagnets, voltage regulators,                        conditions of § 761.1(f) are met.
                               switches (including sectionalizers and                        (c) No persons may process or dis-
                               motor starters), circuit breakers, re-                     tribute in commerce any PCB, or any
                               closers, and cable that contain PCBs at                    PCB Item regardless of concentration,
                               any concentration and processing and                       for use within the United States or for
                               distribution in commerce of PCB                            export from the United States without
                               Equipment containing an intact, non-                       an exemption, except that an exemp-
                               leaking PCB Capacitor. See paragraph                       tion is not required to process or dis-
                               (c)(1) of this section for provisions al-                  tribute in commerce PCBs or PCB
                               lowing the distribution in commerce of                     Items resulting from an excluded man-
                               PCBs and PCB Items.                                        ufacturing process as defined in § 761.3,
                                  (a) No persons may use any PCB, or                      or to process or distribute in commerce
                               any PCB Item regardless of concentra-                      recycled PCBs as defined in § 761.3, or
                               tion, in any manner other than in a to-                    to process or distribute in commerce
                               tally enclosed manner within the                           excluded PCB products as defined in
                               United States unless authorized under                      § 761.3, provided that all applicable con-
                               § 761.30, except that:                                     ditions of § 761.1(f) are met. In addition,
                                  (1) An authorization is not required                    the activities described in paragraphs
                               to use those PCBs or PCB Items which                       (c) (1) through (5) of this section may
                               consist of excluded PCB products as de-                    also be conducted without an exemp-
                               fined in § 761.3.                                          tion, under the conditions specified
                                  (2) An authorization is not required                    therein.
                               to use those PCBs or PCB Items result-                        (1) PCBs at concentrations of 50 ppm
                               ing from an excluded manufacturing                         or greater, or PCB Items with PCB con-
                               process or recycled PCBs as defined in                     centrations of 50 ppm or greater, sold
                               § 761.3, provided all applicable condi-                    before July 1, 1979 for purposes other
                               tions of § 761.1(f) are met.                               than resale may be distributed in com-
                                  (3) An authorization is not required                    merce only in a totally enclosed man-
                               to use those PCB Items which contain                       ner after that date.
                               or whose surfaces have been in contact                        (2) Any person may process and dis-
                               with excluded PCB products as defined                      tribute in commerce for disposal PCBs
                               in § 761.3.                                                at concentrations of ≥50 ppm, or PCB
                                  (4) An authorization is not required                    Items with PCB concentrations of ≥50
                               to use sewage sludge where the uses are                    ppm, if they comply with the applica-
                               regulated at parts 257, 258, and 503 of                    ble provisions of this part.
                               this chapter. No person may blend or                          (i) Processing activities which are
                               otherwise dilute PCBs regulated for                        primarily associated with and facili-
                               disposal, including PCB sewage sludge                      tate storage or transportation for dis-
                               and sewage sludge not used pursuant to                     posal do not require a TSCA PCB stor-
                               parts 257, 258, and 503 of this chapter,                   age or disposal approval.
                               for purposes of use or to avoid disposal                      (ii) Processing activities which are
                               requirements under this part. Except                       primarily associated with and facili-
                               as explicitly provided in subpart D of                     tate treatment, as defined in § 260.10 of
                               this part, no person may dispose of reg-                   this chapter, or disposal require a
                               ulated PCB wastes including, but not                       TSCA PCB disposal approval unless
                               limited to, PCB remediation waste,                         they are part of an existing approval,
                               PCB bulk product waste, PCBs, and                          are part of a self-implementing activ-
                               PCB industrial sludges, into treatment                     ity under § 761.61(a) or § 761.79 (b) or (c),

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                               Environmental Protection Agency                                                                       § 761.20

                               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-                      only to other marketers who have noti-
                               quirements of § 761.79.                                    fied EPA of their used oil management
                                 (iv) Where the rate of delivering liq-                   activities, and who have an EPA iden-
                               uids or non-liquids into a PCB disposal                    tification number where an identifica-
                               unit is an operating parameter, this                       tion number is required by 40 CFR
                               rate shall be a condition of the TSCA                      279.73. This would include persons who
                               PCB disposal approval for the unit                         market off-specification used oil who
                               when an approval is required.                              are subject to the requirements at 40
                                 (3) PCBs and PCB Items may be ex-                        CFR part 279 and the notification re-
                               ported for disposal in accordance with                     quirements of 40 CFR 279.73.
                               the requirements of subpart F of this
                                                                                            (iii) Burners identified in 40 CFR
                               part.
                                                                                          279.61(a)(1) and (2). Only burners in the
                                 (4) PCBs, at concentrations of less
                                                                                          automotive industry may burn used oil
                               than 50 ppm, or PCB Items, with con-
                               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, includ-                       ed 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
                                 (d) The use of waste oil that contains                   analyses or other information to sup-
                               any detectable concentration of PCB as                     port that claim.
                               a sealant, coating, or dust control                          (ii) Testing to determine the PCB
                               agent is prohibited. Prohibited uses in-                   concentration in used oil may be con-
                               clude, but are not limited to, road oil-                   ducted on individual samples, or in ac-
                               ing, general dust control, use as a pes-                   cordance with the testing procedures
                               ticide or herbicide carrier, and use as a                  described in § 761.60(g)(2). However, for
                               rust preventative on pipes.                                purposes of this part, if any PCBs at a
                                 (e) In addition to any applicable re-                    concentration of 50 ppm or greater
                               quirements under 40 CFR part 279, sub-                     have been added to the container or
                               parts G and H, marketers and burners                       equipment, then the total container
                               of used oil who market (process or dis-                    contents must be considered as having
                               tribute in commerce) for energy recov-                     a PCB concentration of 50 ppm or

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                               § 761.30                                                                40 CFR Ch. I (7–1–01 Edition)

                               greater for purposes of complying with                       (ii) Burners. Burners must include
                               the disposal requirements of this part.                    among the records required by 40 CFR
                                 (iii) Other information documenting                      279.65 and 279.66, a copy of each certifi-
                               that the used oil fuel does not contain                    cation notice required by paragraph
                               quantifiable levels (2 ppm) of PCBs                        (e)(3)(ii) of this section that he sends to
                               may consist of either personal, special                    a marketer.
                               knowledge of the source and composi-
                               tion of the used oil, or a certification                   (Sec. 6, Pub. L. 94–469, 90 Stat. 2020, (15 U.S.C.
                               from the person generating the used oil                    2605)
                               claiming that the oil contains no de-                      [44 FR 31542, May 31, 1979. Redesignated at 47
                               tectable PCBs.                                             FR 19527, May 6, 1982, and amended at 49 FR
                                 (3) Restrictions on burning. (i) Used oil                25241, June 20, 1984; 49 FR 28190, July 10, 1984;
                               containing any quantifiable levels of                      49 FR 44638, Nov. 8, 1984; 53 FR 12524, Apr. 15,
                               PCB may be burned for energy recov-                        1988; 53 FR 24220, June 27, 1988; 58 FR 15435,
                               ery only in the combustion facilities                      Mar. 23, 1993; 58 FR 34205, June 23, 1993; 60 FR
                               identified in paragraph (e)(1) of this                     34465, July 3, 1995; 61 FR 11106, Mar. 18, 1996;
                               section when such facilities are oper-                     63 FR 35439, June 29, 1998; 64 FR 33760, June
                               ating at normal operating tempera-                         24, 1999]
                               tures (this prohibits feeding these fuels
                                                                                          § 761.30    Authorizations.
                               during either startup or shutdown op-
                               erations). Owners and operators of such                      The following non-totally enclosed
                               facilities are ‘‘burners’’ of used oil                     PCB activities are authorized pursuant
                               fuels.                                                     to section 6(e)(2)(B) of TSCA:
                                 (ii) Before a burner accepts from a                        (a) Use in and servicing of transformers
                               marketer the first shipment of used oil                    (other than railroad transformers). PCBs
                               fuel containing detectable PCBs (2                         at any concentration may be used in
                               ppm), the burner must provide the                          transformers (other than in railroad lo-
                               marketer a one-time written and                            comotives and self-propelled railroad
                               signed notice certifying that:                             cars) and may be used for purposes of
                                 (A) The burner has complied with                         servicing including rebuilding these
                               any notification requirements applica-                     transformers for the remainder of their
                               ble to ‘‘qualified incinerators’’ (§ 761.3)                useful lives, subject to the following
                               or to ‘‘burners’’ regulated under 40 CFR                   conditions:
                               part 279, subpart G.                                         (1) Use conditions. (i) As of October 1,
                                 (B) The burner will burn the used oil                    1985, the use and storage for reuse of
                               only in a combustion facility identified                   PCB Transformers that pose an expo-
                               in paragraph (e)(1) of this section and                    sure risk to food or feed is prohibited.
                               identify the class of burner he quali-                       (ii) As of October 1, 1990, the use of
                               fies.                                                      network PCB Transformers with higher
                                 (4) Recordkeeping requirements. The                      secondary voltages (secondary voltages
                               following recordkeeping requirements                       equal to or greater than 480 volts, in-
                               are in addition to the recordkeeping re-
                                                                                          cluding 480/277 volt systems) in or near
                               quirements for marketers found in 40
                                                                                          commercial buildings is prohibited.
                               CFR 279.72(b), 279.74(a), (b) and (c), and
                                                                                          Network PCB Transformers with high-
                               279.75, and for burners found in 40 CFR
                               279.65 and 279.66.                                         er secondary voltages which are re-
                                                                                          moved from service in accordance with
                                 (i) Marketers. Marketers who first
                               claim that the used oil fuel contains no                   this requirement must either be reclas-
                               detectable PCBs must include among                         sified to PCB Contaminated or non
                               the records required by 40 CFR 279.72(b)                   PCB status, placed into storage for dis-
                               and 279.74(b) and (c), copies of the anal-                 posal, or disposed.
                               ysis or other information documenting                        (iii) Except as otherwise provided, as
                               his claim, and he must include among                       of October 1, 1985, the installation of
                               the records required by 40 CFR 279.74(a)                   PCB Transformers, which have been
                               and (c) and 279.75, a copy of each cer-                    placed into storage for reuse or which
                               tification notice received or prepared                     have been removed from another loca-
                               relating to transactions involving PCB-                    tion, in or near commercial buildings
                               containing used oil.                                       is prohibited.

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                               Environmental Protection Agency                                                                       § 761.30

                                 (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                   completed in accordance with good en-
                               been installed for reclassification pur-                   gineering practices.
                               poses, it must be tested 3 months after                      (B) All lower secondary voltage net-
                               installation to ascertain the concentra-                   work PCB Transformers not located in
                               tion of PCBs. If the PCB concentration                     sidewalk vaults (network transformers
                               is below 50 ppm, the transformer can be                    with secondary voltages below 480
                               reclassified as a non-PCB Transformer.                     volts), in use in or near commercial
                               If the PCB concentration is between 50                     buildings, which have not been pro-
                               and 500 ppm, the transformer can be re-                    tected as specified in paragraph
                               classified as a PCB-Contaminated                           (a)(1)(iv)(A) of this section by October
                               transformer. If the PCB concentration                      1, 1990, must be removed from service
                               remains at 500 ppm or greater, the en-                     by October 1, 1993.
                               tire process must either be repeated                         (C) As of October 1, 1990, owners of
                               until the transformer has been reclassi-                   lower secondary voltage network PCB
                               fied to a non-PCB or PCB-Contami-                          Transformers, in use in or near com-
                               nated transformer in accordance with                       mercial buildings which have not been
                               paragraph (a)(2)(v) of this section or                     protected as specified in paragraph
                               the transformer must be removed from                       (a)(1)(iv)(A) of this section and which
                               service.                                                   are not located in sidewalk vaults,
                                 (iv) As of October 1, 1990, all higher                   must register in writing those trans-
                               secondary voltage radial PCB Trans-                        formers with the EPA Regional Admin-
                               formers, in use in or near commercial                      istrator in the appropriate region. The
                               buildings, and lower secondary voltage                     information required to be provided in
                               network PCB Transformers not located
                                                                                          writing to the Regional Administrator
                               in sidewalk vaults in or near commer-
                                                                                          includes:
                               cial buildings (network transformers
                                                                                            (1) The specific location of the PCB
                               with secondary voltages below 480
                               volts) that have not been removed from                     Transformer(s).
                               service as provided in paragraph                             (2) The address(es) of the building(s)
                               (a)(1)(iv)(B) of this section, must be                     and the physical location of the PCB
                               equipped with electrical protection to                     Transformer(s) on the building site(s).
                               avoid transformer ruptures caused by                         (3) The identification number(s) of
                               high current faults. As of February 25,                    the PCB Transformer(s).
                               1991, all lower secondary voltage radial                     (D) As of October 1, 1993, all lower
                               PCB Transformers, in use in or near                        secondary voltage network PCB Trans-
                               commercial       buildings,   must     be                  formers located in sidewalk vaults
                               equipped with electrical protection to                     (network transformers with secondary
                               avoid transformer ruptures caused by                       voltages below 480 volts) in use near
                               high current faults.                                       commercial buildings must be removed
                                 (A) Current-limiting fuses or other                      from service.
                               equivalent technology must be used to                        (E) As of February 25, 1991, all lower
                               detect sustained high current faults                       secondary voltage radial PCB Trans-
                               and     provide    for   the    complete                   formers must be equipped with elec-
                               deenergization of the transformer                          trical protection, such as current-lim-
                               (within several hundredths of a second                     iting fuses or other equivalent tech-
                               in the case of higher secondary voltage                    nology, to detect sustained high cur-
                               radial PCB Transformers and within                         rent faults and provide for the com-
                               tenths of a second in the case of lower                    plete deenergization of the transformer
                               secondary voltage network PCB Trans-                       or complete deenergization of the
                               formers), before transformer rupture                       faulted phase of the transformer within
                               occurs. Lower secondary voltage radial                     several hundredths of a second. The in-
                               PCB Transformers must be equipped                          stallation, setting, and maintenance of
                               with electrical protection as provided                     current-limiting fuses or other equiva-
                               in paragraph (a)(1)(iv)(E) of this sec-                    lent technology to avoid PCB Trans-
                               tion. The installation, setting, and                       former ruptures from sustained high

                                                                                    557



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                               § 761.30                                                                40 CFR Ch. I (7–1–01 Edition)

                               current faults must be completed in ac-                    non violent rupture) and release of
                               cordance with good engineering prac-                       PCBs.
                               tices.                                                       (vi)(A) No later than December 28,
                                 (v) As of October 1, 1990, all radial                    1998 all owners of PCB Transformers,
                               PCB Transformers with higher sec-                          including those in storage for reuse,
                               ondary voltages (480 volts and above,                      must register their transformers with
                               including 480/277 volt systems) in use in                  the Environmental Protection Agency,
                               or near commercial buildings must, in                      National Program Chemicals Division,
                               addition to the requirements of para-                      Office of Pollution Prevention and
                               graph (a)(1)(iv)(A) of this section, be                    Toxics (7404), 1200 Pennsylvania Ave.,
                               equipped with protection to avoid                          NW., Washington, DC 20460. This reg-
                               transformer ruptures caused by sus-                        istration requirement is subject to the
                               tained low current faults.                                 limitations in paragraph (a)(1) of this
                                 (A) Pressure and temperature sensors                     section.
                               (or other equivalent technology which                        (1) A transformer owner who assumes
                               has been demonstrated to be effective                      a transformer is a PCB-Contaminated
                               in early detection of sustained low cur-                   transformer, and discovers after De-
                               rent faults) must be used in these                         cember 28, 1998 that it is a PCB-Trans-
                               transformers to detect sustained low                       former, must register the newly-identi-
                               current faults.                                            fied PCB Transformer, in writing, with
                                 (B) Disconnect equipment must be                         the Environmental Protection Agency
                               provided to insure complete deenergi-                      no later than 30 days after it is identi-
                               zation of the transformer in the event                     fied as such. This requirement does not
                               of a sensed abnormal condition (e.g., an                   apply to transformer owners who have
                               overpressure or overtemperature condi-                     previously registered with the EPA
                               tion in the transformer), caused by a                      PCB Transformers located at the same
                               sustained low current fault. The dis-                      address as the transformer that they
                               connect equipment must be configured                       assumed to be PCB-Contaminated and
                               to operate automatically within 30 sec-                    later determined to be a PCB Trans-
                               onds to 1 minute of the receipt of a sig-                  former.
                               nal indicating an abnormal condition                         (2) A person who takes possession of
                               from a sustained low current fault, or                     a PCB Transformer after December 28,
                               can be configured to allow for manual                      1998 is not required to register or re-
                               deenergization from a manned on-site                       register the transformer with the EPA.
                               control center upon the receipt of an                        (B) Any person submitting a registra-
                               audio or visual signal indicating an ab-                   tion under this section must include:
                               normal condition caused by a sustained
                                                                                            (1) Company name and address.
                               low      current       fault.    Manual
                                                                                            (2) Contact name and telephone num-
                               deenergization from a manned on-site
                                                                                          ber.
                               control center must occur within 1
                               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.
                               current fault. If automatic operation is                     (4) Number of PCB Transformers and
                               selected and a circuit breaker is uti-                     the total weight in kilograms of PCBs
                               lized for disconnection, it must also                      contained in the transformers.
                               have the capability to be manually                           (5) Whether any transformers at this
                               opened if necessary.                                       location contain flammable dielectric
                                 (C) The enhanced electrical protec-                      fluid (optional).
                               tive system required for the detection                       (6) Signature of the owner, operator,
                               of sustained low current faults and the                    or other authorized representative cer-
                               complete and rapid deenergization of                       tifying the accuracy of the information
                               transformers must be properly in-                          submitted.
                               stalled, maintained, and set sensitive                       (C) A transformer owner must retain
                               enough (in accordance with good engi-                      a record of each PCB Transformer’s
                               neering practices) to detect sustained                     registration (e.g., a copy of the reg-
                               low current faults and allow for rapid                     istration and the return receipt signed
                               and total deenergization prior to PCB                      by EPA) with the inspection and main-
                               Transformer rupture (either violent or                     tenance records required for each PCB

                                                                                    558



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                               Environmental Protection Agency                                                                       § 761.30

                               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
                               Transformer(s).                                            proper containment measures.
                                  (B) The principal constituent of the                      (xi) If a PCB Transformer is involved
                               dielectric fluid in the transformer(s)                     in a fire-related incident, the owner of
                               (e.g., PCBs, mineral oil, or silicone oil).                the transformer must immediately re-
                                  (C) The type of transformer installa-                   port the incident to the National Re-
                               tion (e.g., 208/120 volt network, 208/120                  sponse Center (toll-free 1–800–424–8802;
                               volt radial, 208 volt radial, 480 volt net-                in Washington, DC 202–426–2675). A fire-
                               work, 480/277 volt network, 480 volt ra-                   related incident is defined as any inci-
                               dial, 480/277 volt radial).                                dent involving a PCB Transformer
                                  (viii) As of December 1, 1985, combus-                  which involves the generation of suffi-
                               tible materials, including, but not lim-                   cient heat and/or pressure (by any
                               ited to paints, solvents, plastics, paper,                 source) to result in the violent or non-
                               and sawn wood must not be stored                           violent rupture of a PCB Transformer
                               within a PCB Transformer enclosure                         and the release of PCBs. Information
                               (i.e., in a transformer vault or in a par-                 must be provided regarding the type of
                               titioned area housing a transformer);                      PCB Transformer installation involved
                               within 5 meters of a transformer enclo-                    in the fire-related incident (e.g., high
                               sure, or, if unenclosed (unpartitioned),                   or low secondary voltage network
                               within 5 meters of a PCB Transformer.                      transformer, high or low secondary
                                  (ix) A visual inspection of each PCB                    voltage simple radial system, expanded
                               Transformer (as defined in the defini-                     radial system, primary selective sys-
                               tion of ‘‘PCB Transformer’’ under                          tem, primary loop system, or sec-
                               § 761.3) in use or stored for reuse shall                  ondary selective system or other sys-
                               be performed at least once every 3                         tems) and the readily ascertainable
                               months. These inspections may take                         cause of the fire-related incident (e.g.,
                               place any time during the 3-month pe-                      high current fault in the primary or
                               riods:     January-March,       April-June,                secondary or low current fault in sec-
                               July-September, and October-Decem-                         ondary). The owner of the PCB Trans-
                               ber as long as there is a minimum of 30                    former must also take measures as
                               days between inspections. The visual                       soon as practically and safely possible
                               inspection must include investigation                      to contain and control any potential
                               for any leak of dielectric fluid on or                     releases of PCBs and incomplete com-
                               around the transformer. The extent of                      bustion products into water. These

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                               § 761.30                                                                40 CFR Ch. I (7–1–01 Edition)

                               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.
                                                                                            (B) Mark the PCB transformer within
                                  (F) The date of any cleanup, contain-
                                                                                          7 days after discovery.
                               ment, repair, or replacement.
                                                                                            (C) Mark the vault door, machinery
                                  (G) A description of any cleanup, con-
                                                                                          room door, fence, hallway or other
                               tainment, or repair performed.
                                                                                          means of access to the PCB Trans-
                                  (H) The results of any containment
                                                                                          former within 7 days after discovery.
                               and daily inspection required for un-
                               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
                                  (A) A PCB Transformer which has                         building, if electrical protective equip-
                               impervious, undrained, secondary con-                      ment is not installed, within 18 months
                               tainment capacity of at least 100 per-                     of discovery or by October 1, 1993,
                               cent of the total dielectric fluid vol-                    whichever is later.
                               ume of all transformers so contained or                      (G) Remove a lower secondary volt-
                                  (B) A PCB Transformer which has                         age network PCB Transformer located
                               been tested and found to contain less                      in a sidewalk vault in or near a com-
                               than 60,000 ppm PCBs (after 3 months                       mercial building, within 18 months of
                               of in service use if the transformer has                   discovery or by October 1, 1993, which-
                               been serviced for purposes of reducing                     ever is later.
                               the PCB concentration).                                      (H) Retrofill and reclassify a radial
                                  (xiv) An increased visual inspection                    PCB Transformer or a lower or higher
                               frequency of at least once every week                      secondary voltage network PCB Trans-
                               applies to any PCB Transformer in use                      former, located in other than a side-
                               or stored for reuse which poses an ex-                     walk vault in or near a commercial

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                               Environmental Protection Agency                                                                                                         § 761.30

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




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                               § 761.30                                                                                           40 CFR Ch. I (7–1–01 Edition)

                                 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 . . .                                                                            .

                                                                <50 ppm PCBs                   operate the transformer      <50                            non-PCB
                                                                                                 electrically under
                                                                                                 loaded conditions for
                                                                                                 at least 90-contin-
                                                                                                 uous days after
                                                                                                 retrofill, then test the
                                                                                                 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
                                                                                                 at least 90 days after
                                                                                                 retrofill

                               ≥50 but <500                     ≥2 but <50 ppm PCBs            test the fluid for PCBs      <50                            non-PCB
                                                                                                 at least 90 days after
                                                                                                 retrofill

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




                                 (B) If you discover that the PCB con-                                           (D) You must keep records of the re-
                               centration of the fluid in a reclassified                                      classification required by § 761.180(g).
                               transformer has changed, causing the                                              (vi) Any dielectric fluid containing 50
                               reclassified status to change, the trans-                                      ppm or greater PCB used for servicing
                               former is regulated based on the actual                                        transformers must be stored in accord-
                               concentration of the fluid. For exam-                                          ance with the storage for disposal re-
                               ple, a transformer that was reclassified                                       quirements of § 761.65.
                               to non-PCB status is regulated as a                                               (vii) Processing and distribution in
                               PCB-Contaminated transformer if you                                            commerce of PCBs for purposes of serv-
                               discover that the concentration of the                                         icing transformers is permitted only
                               fluid has increased to ≥50 but <500 ppm                                        for persons who are granted an exemp-
                               PCBs. If you discover that the PCB                                             tion under TSCA 6(e)(3)(B).
                               concentration of the fluid has risen to                                           (b) Use in and servicing of railroad
                                                                                                              transformers. PCBs may be used in
                               ≥500 ppm, the transformer is regulated
                                                                                                              transformers in railroad locomotives or
                               as a PCB Transformer. Follow para-
                                                                                                              railroad self-propelled cars (‘‘railroad
                               graphs (a)(1)(xv)(A) through (J) of this
                                                                                                              transformers’’) and may be processed
                               section to come into compliance with
                                                                                                              and distributed in commerce for pur-
                               the regulations applicable to PCB                                              poses of servicing these transformers in
                               Transformers. You also have the option                                         a manner other than a totally enclosed
                               of repeating the reclassification proc-                                        manner subject to the following condi-
                               ess.                                                                           tions:
                                 (C) The Director, National Program                                              (1) Use restrictions. After July 1, 1986,
                               Chemicals Division, may, without fur-                                          use of railroad transformers that con-
                               ther rulemaking, grant approval on a                                           tain dielectric fluids with a PCB con-
                               case-by-case basis for the use of alter-                                       centration >1,000 ppm is prohibited.
                               native methods to reclassify trans-                                               (2) Servicing restrictions. (i) If the coil
                               formers. You may request an approval                                           is removed from the casing of a rail-
                               by writing to the Director, National                                           road transformer (e.g., the transformer
                               Program Chemicals Division (7404), En-                                         is rebuilt), after January 1, 1982, the
                               vironmental Protection Agency, 1200                                            railroad transformer may not be re-
                               Pennsylvania Ave., NW., Washington,                                            filled with dielectric fluid containing a
                               DC 20460. Describe the equipment you                                           PCB concentration greater than 50
                               plan to reclassify, the alternative re-                                        ppm;
                               classification method you plan to use,                                            (ii) After January 1, 1984, railroad
                               and test data or other evidence on the                                         transformers may only be serviced
                               effectiveness of the method.                                                   with dielectric fluid containing less

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                               Environmental Protection Agency                                                                       § 761.30

                               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 electromag-
                               the fluid;                                                 nets, switches and voltage regulators.
                                 (iv) Any PCB dielectric fluid that is                    PCBs at any concentration may be
                               used to service PCB railroad trans-                        used in electromagnets, switches (in-
                               formers must be stored in accordance                       cluding sectionalizers and motor start-
                               with the storage for disposal require-                     ers), and voltage regulators and may be
                               ments of § 761.65;                                         used for purposes of servicing this
                                 (v) After July 1, 1979, processing and                   equipment (including rebuilding) for
                               distribution in commerce of PCBs for                       the remainder of their useful lives, sub-
                               purposes of servicing railroad trans-                      ject 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
                               maintain a concentration level of <50                      (a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of
                               ppm PCBs. Heat transfer systems may                        this section that apply to PCB Trans-
                               only be serviced with fluids containing                    formers.
                               <50 ppm PCBs.                                                 (D) The owner of the voltage regu-
                                 (e) Use in hydraulic systems. After                      lator must comply with the record-
                               July 1, 1984, PCBs may be used in hy-                      keeping and reporting requirements at
                               draulic systems only at a concentra-                       § 761.180.
                               tion level of <50 ppm. Hydraulic sys-                         (iii) The owner of a voltage regulator
                               tems that were in operation after July                     that assumes it contains <500 ppm
                               1, 1984, with a concentration level of                     PCBs as provided in § 761.2, and dis-
                               <50 ppm PCBs may be serviced to main-                      covers by testing that it is contami-
                               tain a concentration level of <50 ppm                      nated at ≥500 ppm PCBs, must comply
                               PCBs. Hydraulic systems may only be                        with paragraph (h)(1)(ii)(A) of this sec-
                               serviced with fluids containing <50 ppm                    tion 7 days after the discovery, and
                               PCBs.                                                      paragraphs (h)(1)(ii)(B), (h)(1)(ii)(C),

                                                                                    563



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                               § 761.30                                                                                         40 CFR Ch. I (7–1–01 Edition)

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

                               ≥1,000 (or untested)            <50 ppm PCBs                  operate the equipment        ≥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 equipment        <50                            non-PCB
                                                                                               electrically under
                                                                                               loaded conditions for
                                                                                               at least 90-contin-
                                                                                               uous days after
                                                                                               retrofill, then test the
                                                                                               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
                                                                                               at least 90 days after
                                                                                               retrofill

                               ≥50 but <500                    ≥2 but <50 ppm PCBs           test the fluid for PCBs      <50                            non-PCB
                                                                                               at least 90 days after
                                                                                               retrofill



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                               Environmental Protection Agency                                                                                                    § 761.30

                                If test results show the                                                                 and test results show        then the electromagnet,
                                                                  and you retrofill the
                                   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-
                                                               tric fluid containing . . .
                                 prior to retrofill is . . .                                                                        .                          tus is . . .

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




                                 (B) If you discover that the PCB con-                                     age regulators is permitted only for
                               centration of the fluid in a reclassified                                   persons who are granted an exemption
                               electromagnet, switch, or voltage regu-                                     under TSCA 6(e)(3)(B).
                               lator has changed, causing the reclassi-                                       (i) Use and reuse of PCBs in natural
                               fied status to change, the electro-                                         gas pipeline systems; use and reuse of
                               magnet, switch, or voltage regulator is                                     PCB-Contaminated natural gas pipe and
                               regulated based on the actual con-                                          appurtenances. (1)(i) PCBs are author-
                               centration of the fluid. For example, an                                    ized for use in natural gas pipeline sys-
                               electromagnet, switch, or voltage regu-                                     tems at concentrations <50 ppm.
                               lator that was reclassified to non-PCB                                         (ii) PCBs are authorized for use, at
                               status is regulated as a PCB-Contami-                                       concentrations ≥50 ppm, in natural gas
                               nated electromagnet, switch, or volt-                                       pipeline systems not owned or operated
                               age regulator if you discover that the                                      by a seller or distributor of natural
                               concentration of the fluid has in-                                          gas.
                               creased to ≥50 but <500 ppm PCBs. If                                           (iii)(A) PCBs are authorized for use,
                               you discover that the PCB concentra-                                        at concentrations ≥50 ppm, in natural
                               tion of the fluid in a voltage regulator                                    gas pipeline systems owned or operated
                               has risen to ≥500 ppm, follow paragraph                                     by a seller or distributor of natural
                               (h)(1)(iii) of this section to come into                                    gas, if the owner or operator:
                               compliance with the regulations appli-                                         (1) Submits to EPA, upon request, a
                               cable to voltage regulators containing                                      written description of the general na-
                               ≥500 ppm PCBs. You also have the op-                                        ture and location of PCBs ≥50 ppm in
                               tion of repeating the reclassification                                      their natural gas pipeline system. Each
                               process.                                                                    written description shall be submitted
                                 (C) The Director, National Program                                        to the EPA Regional Administrator
                               Chemicals Division may, without fur-                                        having jurisdiction over the segment or
                               ther rulemaking, grant approval on a                                        component of the system (or the Direc-
                               case-by-case basis for the use of alter-                                    tor, National Program Chemicals Divi-
                               native       methods      to    reclassify                                  sion, Office of Prevention, Pesticides,
                               electromagnets, switches or voltage                                         and Toxic Substances, if the system is
                               regulators. You may request an ap-                                          contaminated in more than one re-
                               proval by writing to the Director, Na-                                      gion).
                               tional Program Chemicals Division                                              (2) Within 120 days after discovery of
                               (7404), Environmental Protection Agen-                                      PCBs ≥50 ppm in natural gas pipeline
                               cy,1200 Pennsylvania Ave., NW., Wash-                                       systems, or by December 28, 1998,
                               ington, DC 20460. Describe the equip-                                       whichever is later, characterizes the
                               ment you plan to reclassify, the alter-                                     extent of PCB contamination by col-
                               native reclassification method you                                          lecting and analyzing samples to iden-
                               plan to use, and test data or other evi-                                    tify the upstream and downstream end
                               dence on the effectiveness of the meth-                                     points of the segment or component
                               od.                                                                         where PCBs ≥50 ppm were discovered.
                                 (D) You must keep records of the re-                                         (3) Within 120 days of characteriza-
                               classification required by § 761.180(g).                                    tion of the extent of PCB contamina-
                                 (vi) Any dielectric fluid containing 50                                   tion, or by December 28, 1998, which-
                               ppm or greater PCB used for servicing                                       ever is later, samples and analyzes all
                               electromagnets, switches, or voltage                                        potential sources of introduction of
                               regulators must be stored in accord-                                        PCBs into the natural gas pipeline sys-
                               ance with the storage for disposal re-                                      tem for PCBs ≥50 ppm. Potential
                               quirements of § 761.65.                                                     sources include natural gas compres-
                                 (vii) Processing and distribution in                                      sors, natural gas scrubbers, natural gas
                               commerce of PCBs for purposes of serv-                                      filters, and interconnects where nat-
                               icing electromagnets, switches or volt-                                     ural gas is received upstream from the

                                                                                                     565



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                               § 761.30                                                                40 CFR Ch. I (7–1–01 Edition)

                               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                        ment or component, requiring sam-
                               PCBs ≥50 ppm to <50 ppm, or removes                        pling and analysis, and requiring im-
                               such sources from the natural gas pipe-                    plementation of engineering measures
                               line system; or implements other engi-                     to reduce PCB concentrations. EPA
                               neering measures or methods to reduce                      will make such modifications based on
                               PCB levels to <50 ppm and to prevent                       the natural gas pipeline system size,
                               further introduction of PCBs ≥50 ppm                       configuration, and current operating
                               into the natural gas pipeline system                       conditions; nature, extent or source of
                               (e.g., pigging, decontamination, in-line                   contamination; proximity of contami-
                               filtration).                                               nation to end-users; or previous sam-
                                  (5) Repeats sampling and analysis at                    pling, monitoring, remedial actions or
                               least annually where PCBs are ≥50 ppm,                     documentation of activities taken re-
                               until sampling results indicate the nat-                   garding compliance with this author-
                               ural gas pipeline segment or compo-                        ization or other applicable Federal,
                               nent is <50 ppm PCB in two successive                      State, or local laws and regulations.
                               samples with a minimum interval be-                        The      Director,     National     Program
                               tween samples of 180 days.                                 Chemicals Division, may defer the au-
                                  (6) Marks aboveground sources of                        thority described in this paragraph,
                               PCB liquids in natural gas pipeline sys-                   upon request, to the appropriate EPA
                               tems with the ML Mark in accordance                        Region.
                               with § 761.45(a), where such sources                          (E) The owner or operator of a nat-
                               have been demonstrated through his-                        ural gas pipeline system may use his-
                               torical data or recent sampling to con-                    torical data to fulfill the requirements
                               tain PCBs ≥50 ppm.                                         of        paragraphs         (i)(1)(iii)(A)(1),
                                  (B) Owners or operators of natural                      (i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of
                               gas pipeline systems which do not in-                      this section. They may use documented
                               clude potential sources of PCB con-                        historical actions taken to reduce PCB
                               tamination as described in paragraph                       concentrations in known sources; de-
                               (i)(1)(iii)(A)(3) of this section con-                     contaminate components or segments
                               taining ≥50 ppm PCB are not subject to                     of natural gas pipeline systems; or oth-
                               paragraphs                    (i)(1)(iii)(A)(2),           erwise to reduce PCB levels to fulfill
                               (i)(1)(iii)(A)(3),    (i)(1)(iii)(A)(4),     or            the      requirements       of     paragraph
                               (i)(1)(iii)(A)(6) of this section. Owners                  (i)(1)(iii)(A)(4) of this section.
                               or operators of these systems, however,                       (2) Any person may reuse PCB-Con-
                               must comply with the other provisions                      taminated natural gas pipe and appur-
                               of this section (e.g., sampling of any                     tenances in a natural gas pipeline sys-
                               collected PCB liquids and record-                          tem, provided all free-flowing liquids
                               keeping).                                                  have been removed.
                                  (C) The owner or operator of a nat-                        (3) Any person may use PCB-Con-
                               ural gas pipeline system must docu-                        taminated natural gas pipe, drained of
                               ment in writing all data collected and                     all free-flowing liquids, in the trans-
                               actions taken, or not taken, pursuant                      port of liquids (e.g., bulk hydrocarbons,
                               to the authorization in paragraph                          chemicals, petroleum products, or coal
                               (i)(1)(iii)(A) of this section. They must                  slurry), as casing to provide secondary
                               maintain the information for 3 years                       containment or protection (e.g., pro-
                               after the PCB concentration in the                         tection for electrical cable), as indus-
                               component or segment is reduced to                         trial structural material (e.g., fence
                               <50 ppm, and make it available to EPA                      posts, sign posts, or bridge supports),
                               upon request.                                              as temporary flume at construction
                                  (D) The Director, National Program                      sites, as equipment skids, as culverts
                               Chemicals Division, after consulting                       under transportation systems in inter-
                               with the appropriate EPA Region(s)                         mittent flow situations, for sewage

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                               Environmental Protection Agency                                                                       § 761.30

                               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                          (1) They obtain the PCBs and PCBs in
                               subpart M of this part.                                    analytical reference samples derived
                                 (5)(i) Any person disposing of liquids                   from waste materials from sources au-
                               containing PCBs ≥50 ppm removed,                           thorized under § 761.80 to manufacture,
                               spilled, or otherwise released from a                      process, and distribute PCBs in com-
                               natural gas pipeline system must do so                     merce and the PCBs are packaged in
                               in accordance with § 761.61(a)(5)(iv)                      compliance with the Hazardous Mate-
                               based on the PCB concentration at the                      rials Regulations at 49 CFR parts 171
                               time of removal from the system. Any                       through 180.
                               person disposing of materials contami-                       (2) They store all PCB wastes result-
                               nated by spills or other releases of                       ing from R&D activities (e.g., spent
                               PCBs ≥50 ppm from a natural gas pipe-                      laboratory samples, residuals, con-
                               line systems, must do so in accordance                     taminated media such as clothing, etc.)
                               with §§ 761.61 or 761.79, as applicable.                   in compliance with § 761.65(b) and dis-
                                 (ii) Any person who markets or burns                     pose of all PCB wastes in compliance
                               for energy recovery liquids containing                     with § 761.64.
                               PCBs at concentrations <50 ppm PCBs                          (3) [Reserved]
                               at the time of removal from a natural                        (4) No person may manufacture, proc-
                               gas pipeline system must do so in ac-                      ess, or distribute in commerce PCBs for
                               cordance with the provisions per-                          research and development unless they
                               taining to used oil at § 761.20(e). No                     have been granted an exemption to do
                               other use of liquid containing PCBs at                     so under TSCA section 6(e)(3)(B).
                               concentrations above the quantifiable                        (k) Use in scientific instruments. PCBs
                               level/level of detection removed from a                    may be used indefinitely in scientific
                               natural gas pipeline system is author-                     instruments, for example, in oscilla-
                               ized.                                                      tory      flow      birefringence     and
                                 (j) Research and development. For pur-                   viscoelasticity instruments for the
                               poses of this section, authorized re-                      study of the physical properties of
                               search and development (R&D) activi-                       polymers, as microscopy mounting
                               ties include, but are not limited to: the                  fluids, as microscopy immersion oil,
                               chemical analysis of PCBs, including                       and as optical liquids in a manner
                               analyses to determine PCB concentra-                       other than a totally enclosed manner.
                               tion; determinations of the physical                       No person may manufacture, process,
                               properties of PCBs; studies of environ-                    or distribute in commerce PCBs for use
                               mental transport processes; studies of                     in scientific instruments unless they
                               biochemical transport processes; stud-                     have been granted an exemption to do
                               ies of effects of PCBs on the environ-                     so under TSCA section 6(e)(3)(B).
                               ment; and studies of the health effects                      (l) Use in capacitors. PCBs at any con-
                               of PCBs, including direct toxicity and                     centration may be used in capacitors,
                               toxicity of metabolic products of PCBs.                    subject to the following conditions:

                                                                                    567



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                               § 761.30                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (1) Use conditions. (i) After October 1,                   (A) The double wash rinse procedure
                               1988, the use and storage for reuse of                     in subpart S of this part is conducted
                               PCB Large High Voltage Capacitors                          on the surface to remove surface PCBs.
                               and PCB Large Low Voltage Capacitors                         (B) The treated surface is allowed to
                               which pose an exposure risk to food or                     dry for 24 hours.
                               feed is prohibited.                                          (iii) After accessible surfaces have
                                 (ii) After October 1, 1988, the use of                   been cleaned according to paragraph
                               PCB Large High Voltage Capacitors                          (p)(1)(ii) of this section and for all sur-
                               and PCB Large Low Voltage Capacitors                       faces inaccessible to cleanup:
                               is prohibited unless the capacitor is                        (A) The surface is completely covered
                               used within a restricted-access elec-                      to prevent release of PCBs with:
                               trical substation or in a contained and                      (1) Two solvent resistant and water
                               restricted-access indoor installation. A                   repellent coatings of contrasting colors
                               restricted-access electrical substation                    to allow for a visual indication of wear
                               is an outdoor, fenced or walled-in facil-                  through or loss of outer coating integ-
                               ity that restricts public access and is                    rity; or
                               used in the transmission or distribu-                        (2) A solid barrier fastened to the sur-
                               tion of electric power. A contained and                    face and covering the contaminated
                               restricted-access indoor installation                      area or all accessible parts of the con-
                               does not have public access and has an                     taminated area. Examples of inacces-
                               adequate roof, walls, and floor to con-                    sible areas are underneath a floor-
                               tain any release of PCBs within the in-                    mounted electrical transformer and in
                               door location.                                             an impassible space between an elec-
                                 (2) [Reserved]                                           trical transformer and a vault wall.
                                 (m) Use in and servicing of circuit
                                                                                            (B) The surface is marked with the
                               breakers, reclosers and cable. PCBs at
                                                                                          ML Mark in a location easily visible to
                               any concentration may be used in cir-
                                                                                          individuals present in the area; the ML
                               cuit breakers, reclosers, and cable and
                                                                                          Mark shall be placed over the encap-
                               may be used for purposes of servicing
                                                                                          sulated area or the barrier to the en-
                               this electrical equipment (including re-
                                                                                          capsulated area.
                               building) for the remainder of their
                                                                                            (C) ML Marks shall be replaced when
                               useful lives, subject to the following
                                                                                          worn or illegible.
                               conditions:
                                 (1) Servicing conditions. (i) Circuit                      (2) Removal of a porous surface con-
                               breakers, reclosers, and cable may be                      taminated with PCBs from its location
                               serviced (including rebuilding) only                       or current use is prohibited except for
                               with dielectric fluid containing less                      removal for disposal in accordance
                               than 50 ppm PCB.                                           with §§ 761.61 or 761.79 for surfaces con-
                                 (ii) Any circuit breaker, recloser or                    taminated by spills, or § 761.62 for man-
                               cable found to contain at least 50 ppm                     ufactured porous surfaces.
                               PCBs may be serviced only in accord-                         (q) [Reserved]
                               ance with the conditions contained in                        (r) Use in and servicing of rectifiers.
                               40 CFR 761.30(h)(2).                                       Any person may use PCBs at any con-
                                 (2) [Reserved]                                           centration in rectifiers for the remain-
                                 (n)–(o) [Reserved]                                       der of the PCBs’ useful life, and may
                                 (p) Continued use of porous surfaces                     use PCBs <50 ppm in servicing (includ-
                               contaminated with PCBs regulated for                       ing rebuilding) rectifiers.
                               disposal by spills of liquid PCBs. (1) Any                   (s) Use of PCBs in air compressor sys-
                               person may use porous surfaces con-                        tems. (1) Any person may use PCBs in
                               taminated by spills of liquid PCBs at                      air compressor systems at concentra-
                               concentrations ´ 50 ppm for the re-                        tions <50 ppm.
                               mainder of the useful life of the sur-                       (2) Any person may use PCBs in air
                               faces and subsurface material if the                       compressor systems (or components
                               following conditions are met:                              thereof) at concentrations ≥50 ppm pro-
                                 (i) The source of PCB contamination                      vided that:
                               is removed or contained to prevent fur-                      (i) All free-flowing liquids containing
                               ther release to porous surfaces.                           PCBs ≥50 ppm are removed from the air
                                 (ii) If the porous surface is accessible                 compressor crankcase and the crank-
                               to superficial surface cleaning:                           case is refilled with non-PCB liquid.

                                                                                    568



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                               Environmental Protection Agency                                                                       § 761.35

                                  (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-
                               cated may, at his/her discretion and in                    L (i.e., < 200 ppb PCBs) for non-contact
                               writing, extend this timeframe.                            use in a closed system where there are
                                  (t) Use of PCBs in other gas or liquid                  no releases (e.g., as a non-contact cool-
                               transmission systems. (1) PCBs are au-                     ing water).
                               thorized for use in intact and non-leak-
                               ing gas or liquid transmission systems                     (Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15
                                                                                          U.S.C. 2605)
                               at concentrations <50 ppm PCBs.
                                  (2) PCBs are authorized for use at                      [44 FR 31542, May 31, 1979. Redesignated at 47
                               concentrations ≥50 ppm in intact and                       FR 19527, May 6, 1982]
                               non-leaking gas or liquid transmission                       EDITORIAL NOTE: For FEDERAL REGISTER ci-
                               systems not owned or operated by a                         tations affection § 761.30 see the List of CFR
                               seller or distributor of the gas or liquid                 Sections Affected, which appears in the
                               transmitted in the system.                                 Finding Aids section of the printed volume
                                  (3) Any person may use PCBs at con-                     and on GPO Access.
                               centrations ≥50 ppm in intact and non-
                               leaking gas or liquid transmission sys-                    § 761.35    Storage for reuse.
                               tems, with the written approval of the                        (a) The owner or operator of a PCB
                               Director, National Program Chemicals                       Article may store it for reuse in an
                               Division, subject to the requirements                      area which is not designed, con-
                               applicable to natural gas pipeline sys-                    structed, and operated in compliance
                               tems      at    paragraphs     (i)(1)(iii)(A),             with § 761.65(b), for no more than 5
                               (i)(1)(iii)(C) through (i)(1)(iii)(E), and                 years after the date the Article was
                               (i)(2) through (i)(5) of this section.                     originally removed from use (e.g., dis-
                                  (u) Use of decontaminated materials. (1)                connected electrical equipment) or 5
                               Any person may use equipment, struc-                       years after August 28, 1998, whichever
                               tures, other non-liquid or liquid mate-                    is later, if the owner or operator com-
                               rials that were contaminated with                          plies with the following conditions:
                               PCBs during manufacture, use, serv-
                                                                                             (1) Follows all use requirements at
                               icing, or because of spills from, or prox-
                                                                                          § 761.30 and marking requirements at
                               imity to, PCBs ≥50 ppm, including
                               those not otherwise authorized for use                     subpart C of this part that are applica-
                               under this part, provided:                                 ble to the PCB Article.
                                  (i) The materials were decontami-                          (2) Maintains records starting at the
                               nated in accordance with:                                  time the PCB Article is removed from
                                  (A) A TSCA PCB disposal approval                        use or August 28, 1998. The records
                               issued under subpart D of this part;                       must indicate:
                                  (B) Section 761.79; or                                     (i) The date the PCB Article was re-
                                  (C) Applicable EPA PCB spill cleanup                    moved from use or August 28, 1998, if
                               policies (e.g., TSCA, RCRA, CERCLA,                        the removal date is not known.
                               EPA regional) in effect at the time of                        (ii) The projected location and the fu-
                               the decontamination; or                                    ture use of the PCB Article.

                                                                                    569



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                               § 761.40                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (iii) If applicable, the date the PCB                      (3) PCB Large High Voltage Capaci-
                               Article is scheduled for repair or serv-                   tors at the time of manufacture, at the
                               icing.                                                     time of distribution in commerce if not
                                  (b) The owner or operator of a PCB                      already marked, and at the time of re-
                               Article may store it for reuse in an                       moval from use if not already marked;
                               area that does not comply with                                (4) Equipment containing a PCB
                               § 761.65(b) for a period longer than 5                     Transformer or a PCB Large High Volt-
                               years, provided that the owner or oper-                    age Capacitor at the time of manufac-
                               ator has received written approval                         ture, at the time of distribution in
                               from the EPA Regional Administrator                        commerce if not already marked, and
                               for the Region in which the PCB Arti-                      at the time of removal of the equip-
                               cle is stored. An owner or operator of a                   ment from use if not already marked;
                               PCB Article seeking approval to extend                        (5) PCB Large Low Voltage Capaci-
                               the 5–year period must submit a re-                        tors at the time of removal from use
                               quest for extension to the EPA Re-                         (see also paragraph (k) of this section).
                               gional Administrator at least 6 months
                                                                                             (6) Electric motors using PCB cool-
                               before the 5-year storage for reuse pe-
                                                                                          ants (See also paragraph (e) of this sec-
                               riod expires and must include an item-
                               by-item justification for the desired ex-                  tion).
                               tension. The EPA Regional Adminis-                            (7) Hydraulic systems using PCB hy-
                               trator may include any conditions to                       draulic fluid (See also paragraph (e) of
                               such approval deemed necessary to pro-                     this section);
                               tect health or the environment. The                           (8) Heat transfer systems (other than
                               owner or operator of the PCB Article                       PCB Transformers) using PCBs (See
                               being stored for reuse must comply                         also paragraph (e) of this section);
                               with the other applicable provisions of                       (9) PCB Article Containers con-
                               this part, including the record reten-                     taining articles or equipment that
                               tion requirements at § 761.180(a).                         must be marked under paragraphs (a)
                                  (c) Any person may store a PCB Arti-                    (1) through (8) of this section;
                               cle for reuse indefinitely in:                                (10) Each storage area used to store
                                  (1) A unit in compliance with                           PCBs and PCB Items for disposal.
                               § 761.65(b).                                                  (b) As of October 1, 1978, each trans-
                                  (2) A unit permitted under section                      port vehicle loaded with PCB Con-
                               3004 of RCRA to manage hazardous                           tainers that contain more than 45 kg
                               wastes in containers.                                      (99.4 lbs.) of liquid PCBs at concentra-
                                  (3) A unit permitted by a State au-                     tions of ≥50 ppm or with one or more
                               thorized under section 3006 of RCRA to                     PCB Transformers shall be marked on
                               manage hazardous waste.                                    each end and each side with the ML
                               [63 FR 35443, June 29, 1998]                               mark as described in § 761.45(a).
                                                                                             (c) As of January 1, 1979, the fol-
                                 Subpart C—Marking of PCBs and                            lowing PCB Articles shall be marked
                                           PCB Items                                      with mark ML as described in
                                                                                          § 761.45(a):
                               § 761.40     Marking requirements.                            (1) All PCB Transformers not marked
                                  (a) Each of the following items in ex-                  under paragraph (a) of this section
                               istence on or after July 1, 1978 shall be                  [marking of PCB-Contaminated Elec-
                               marked as illustrated in Figure 1 in                       trical Equipment is not required];
                               § 761.45(a): The mark illustrated in Fig-                     (2) All PCB Large High Voltage Ca-
                               ure 1 is referred to as ML throughout                      pacitors not marked under paragraph
                               this subpart.                                              (a) of this section
                                  (1) PCB Containers;                                        (i) Will be marked individually with
                                  (2) PCB Transformers at the time of                     mark ML, or
                               manufacture, at the time of distribu-                         (ii) If one or more PCB Large High
                               tion in commerce if not already                            Voltage Capacitors are installed in a
                               marked, and at the time of removal                         protected location such as on a power
                               from use if not already marked. [Mark-                     pole, or structure, or behind a fence;
                               ing of PCB-Contaminated Electrical                         the pole, structure, or fence shall be
                               Equipment is not required];                                marked with mark ML, and a record or

                                                                                    570



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                               Environmental Protection Agency                                                                       § 761.40

                               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-                    1985, the vault door, machinery room
                               taining PCBs in concentrations of 50 to                    door, fence, hallway, or means of ac-
                               500 ppm shall be marked with the ML                        cess, other than grates and manhole
                               mark as described in § 761.45(a).                          covers, to a PCB Transformer must be
                                  (f) Where mark ML is specified but                      marked with the mark ML as required
                               the PCB Article or PCB Equipment is                        by paragraph (a) of this section.
                               too small to accomodate the smallest                          (2) A mark other than the ML mark
                               permissible size of mark ML, mark MS                       may be used provided all of the fol-
                               as described in § 761.45(b), may be used
                                                                                          lowing conditions are met:
                               instead of mark ML.
                                                                                             (i) The program using such an alter-
                                  (g) Each large low voltage capacitor,
                                                                                          native mark was initiated prior to Au-
                               each small capacitor normally used in
                               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
                               the exterior of the PCB Items, storage                     primary fire department knew, accept-
                               units, or transport vehicles so that the                   ed and recognized the meaning of the
                               marks can be easily read by any per-                       mark, and included this information in
                               sons inspecting or servicing the                           firefighting training.
                               marked PCB Items, storage units, or                           (iv) The Regional Administrator will
                               transport vehicles.                                        either approve or disapprove in writing
                                  (i) Any chemical substance or mix-                      the use of an alternative mark within
                               ture that is manufactured after the ef-                    30 days of receipt of the documentation
                               fective date of this rule and that con-                    of a program.
                               tains less than 500 ppm PCB (0.05% on                         (3) Any mark placed in accordance
                               a dry weight basis), including PCB that                    with the requirements of this section
                               is a byproduct or impurity, must be                        must be placed in the locations de-
                               marked in accordance with any re-                          scribed in paragraph (j)(1) of this sec-
                               quirements contained in the exemption                      tion and in a manner that can be easily
                               granted by EPA to permit such manu-                        read by emergency response personnel
                               facture and is not subject to any other                    fighting a fire involving this equip-
                               requirement in this subpart unless so                      ment.

                                                                                    571



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                               § 761.45                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (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                      the mark may be reduced in size pro-
                               Low Voltage Capacitors are installed                       portionately down to a minimum of 5
                               in a protected location such as on a
                                                                                          cm (2 inches) on each side.
                               power pole, or structure, or behind a
                               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
                               manhole covers, must be marked with
                               the ML mark as described in § 761.45(a).
                               [44 FR 31542, May 31, 1979. Redesignated at 47
                               FR 19527, May 6, 1982, and amended at 47 FR
                               37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985;
                               50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15,
                               1988; 53 FR 27329, July 19, 1988; 63 FR 35443,
                               June 29, 1998; 64 FR 33760, June 24, 1999]

                               § 761.45 Marking formats.
                                  The following formats shall be used
                               for marking:
                                  (a) Large PCB Mark—ML. Mark ML
                               shall be as shown in Figure 1, letters
                               and striping on a white or yellow back-
                               ground and shall be sufficiently dura-                     [44 FR 31542, May 31, 1979. Redesignated at 47
                                                                                          FR 19527, May 6, 1982]
                               ble to equal or exceed the life (includ-



                                                                                    572



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                               Environmental Protection Agency                                                                       § 761.50

                                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
                                                                                          regulated        for   disposal    under
                                  (a) General PCB disposal requirements.
                                                                                          § 761.60(b)(2)(ii).
                               Any person storing or disposing of PCB
                                                                                             (ii) Fluorescent light ballasts con-
                               waste must do so in accordance with
                                                                                          taining PCBs in the potting material
                               subpart D of this part. The following
                                                                                          are regulated for disposal as PCB bulk
                               prohibitions and conditions apply to all
                                                                                          product waste under § 761.62.
                               PCB waste storage and disposal:
                                                                                             (3) PCB remediation waste. PCB reme-
                                  (1) No person may open burn PCBs.
                                                                                          diation waste, including PCB sewage
                               Combustion of PCBs approved under
                                                                                          sludge, is regulated for cleanup and dis-
                               § 761.60 (a) or (e), or otherwise allowed
                                                                                          posal in accordance with § 761.61.
                               under part 761, is not open burning.
                                                                                             (i) Any person responsible for PCB
                                  (2) No person may process liquid                        waste at as-found concentrations ≥ 50
                               PCBs into non-liquid forms to cir-                         ppm that was either placed in a land
                               cumvent the high temperature inciner-                      disposal facility, spilled, or otherwise
                               ation requirements of § 761.60(a).                         released into the environment prior to
                                  (3) No person may discharge water                       April 18, 1978, regardless of the con-
                               containing PCBs to a treatment works                       centration of the spill or release; or
                               (as defined § 503.9(aa) of this chapter) or                placed in a land disposal facility,
                               to navigable waters unless the PCB                         spilled, or otherwise released into the
                               concentration is <3 µg/L (approxi-                         environment on or after April 18, 1978,
                               mately 3 ppb), or unless the discharge                     but prior to July 2, 1979, where the con-
                               is in accordance with a PCB discharge                      centration of the spill or release was
                               limit included in a permit issued under                    ≥ 50 ppm but < 500 ppm, must dispose of
                               section 307(b) or 402 of the Clean Water                   the waste as follows:
                               Act.                                                          (A) Sites containing these wastes are
                                  (4) Spills and other uncontrolled dis-                  presumed not to present an unreason-
                               charges of PCBs at concentrations of                       able risk of injury to health or the en-
                               ≥50 ppm constitute the disposal of                         vironment from exposure to PCBs at
                               PCBs.                                                      the site. However, the EPA Regional
                                  (5) Any person land disposing of non-                   Administrator may inform the owner
                               liquid PCBs may avoid otherwise-appli-                     or operator of the site that there is
                               cable sampling requirements by pre-                        reason to believe that spills, leaks, or
                               suming that the PCBs disposed of are                       other uncontrolled releases or dis-
                               ≥500 ppm (or ≥100 µg/100 cm2 if no free-                   charges, such as leaching, from the site
                               flowing liquids are present).                              constitute ongoing disposal that may
                                  (6) Any person storing or disposing of                  present an unreasonable risk of injury
                               PCBs is also responsible for deter-                        to health or the environment from ex-
                               mining and complying with all other                        posure to PCBs at the site, and may re-
                               applicable Federal, State, and local                       quire the owner or operator to generate
                               laws and regulations.                                      data necessary to characterize the risk.
                                  (b) PCB waste. (1) PCB liquids. Any                     If after reviewing any such data, the
                               person removing PCB liquids from use                       EPA Regional Administrator makes a
                               (i.e., not PCB remediation waste) must                     finding, that an unreasonable risk ex-
                               dispose of them in accordance with                         ists, then he or she may direct the
                               § 761.60(a), or decontaminate them in                      owner or operator of the site to dispose
                               accordance with § 761.79.                                  of the PCB remediation waste in ac-
                                  (2) PCB Items. Any person removing                      cordance with § 761.61 such that an un-
                               from use a PCB Item containing an in-                      reasonable risk of injury no longer ex-
                               tact and non-leaking PCB Article must                      ists.
                               dispose of it in accordance with                              (B) Unless directed by the EPA Re-
                               § 761.60(b), or decontaminate it in ac-                    gional Administrator to dispose of PCB
                               cordance with § 761.79. PCB Items where                    waste in accordance with paragraph
                               the PCB Articles are no longer intact                      (b)(3)(i)(A) of this section, any person
                               and non-leaking are regulated for dis-                     responsible for PCB waste at as-found
                               posal as PCB bulk product waste under                      concentrations ≥ 50 ppm that was either
                               § 761.62(a) or (c).                                        placed in a land disposal facility,

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                               § 761.50                                                                40 CFR Ch. I (7–1–01 Edition)

                               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
                               after April 18, 1978, but prior to July 2,                 § 761.60(j), must do so in accordance
                               1979, where the concentration of the                       with § 761.64.
                               spill or release was ≥ 500 ppm; or placed                     (7) PCB/Radioactive waste. (i) Any per-
                               in a land disposal facility, spilled, or                   son storing PCB/radioactive waste ≥50
                               otherwise released into the environ-                       ppm PCBs must do so taking into ac-
                               ment on or after July 2, 1979, where the                   count both its PCB concentration and
                               concentration of the spill or release                      its radioactive properties, except as
                               was ≥ 50 ppm, must dispose of it in ac-                    provided in § 761.65(a)(1), (b)(1)(ii), and
                               cordance with either of the following:                     (c)(6)(i).
                                 (A) In accordance with the PCB Spill                        (ii) Any person disposing of PCB/ra-
                               Cleanup Policy (Policy) at subpart G of                    dioactive waste must do so taking into
                               this part, for those PCB remediation                       account both its PCB concentration
                               wastes that meet the criteria of the                       and its radioactive properties. If, tak-
                               Policy. Consult the Policy for a de-                       ing into account only the properties of
                               scription of the spills it covers and its                  the PCBs in the waste (and not the ra-
                               notification and timing requirements.                      dioactive properties of the waste), the
                                 (B) In accordance with § 761.61. Com-                    waste meets the requirements for dis-
                               plete compliance with § 761.61 does not                    posal in a facility permitted, licensed,
                               create a presumption against enforce-                      or registered by a State as a municipal
                               ment action for penalties for any unau-                    or non-municipal non-hazardous waste
                               thorized PCB disposal.                                     landfill (e.g., PCB bulk product waste
                                 (iii) The owner or operator of a site                    under § 761.62(b)(1)), then the person
                               containing PCB remediation waste has                       may dispose of the PCB/radioactive
                               the burden of proving the date that the                    waste, without regard to the PCB com-
                               waste was placed in a land disposal fa-                    ponent of the waste, on the basis of its
                               cility, spilled, or otherwise released                     radioactive properties in accordance
                               into the environment, and the con-                         with all applicable requirements for
                               centration of the original spill.                          the radioactive component of the
                                 (4) PCB bulk product waste—(i) Gen-                      waste.
                               eral. Any person disposing of PCB bulk                        (8) Porous surfaces. In most cases a
                               product waste must do so in accord-                        person must dispose of porous surfaces
                               ance with § 761.62. PCB bulk product                       as materials where PCBs have pene-
                               waste, as that term is defined in § 761.3,                 trated far beneath the surface, rather
                               is waste that was ≥50 ppm when origi-                      than a simple surface contamination.

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                               Environmental Protection Agency                                                                       § 761.60

                               Any person disposing of porous sur-                        concentrations ≥50 ppm and <500 ppm
                               faces on which PCBs have been spilled                      may be disposed of as follows:
                               and meeting the definition of PCB re-                         (1) For mineral oil dielectric fluid, in
                               mediation waste at § 761.3 must do so in                   a high efficiency boiler according to
                               accordance with § 761.61. Any person                       § 761.71(a).
                               disposing of porous surfaces which are                        (2) For liquids other than mineral oil
                               part of manufactured non-liquid prod-                      dielectric fluid, in a high efficiency
                               ucts containing PCBs and meeting the                       boiler according to § 761.71(b).
                               definition of PCB bulk product waste                          (3) For liquids from incidental
                               at § 761.3 must do so in accordance with                   sources, such as precipitation, con-
                               § 761.62. Any person may decontaminate                     densation, leachate or load separation
                               concrete surfaces upon which PCBs                          and are associated with PCB Articles
                               have been spilled in accordance with                       or non-liquid PCB wastes, in a chem-
                               § 761.79(b)(4), if the decontamination                     ical waste landfill which complies with
                               procedure is commenced within 72
                                                                                          § 761.75 if:
                               hours of the initial spill of PCBs to the
                               concrete or portion thereof being de-                         (i) [Reserved]
                               contaminated. Any person may decon-                           (ii) Information is provided to or ob-
                               taminate porous non-liquid PCBs in                         tained by the owner or operator of the
                               contact with non-porous surfaces, such                     chemical waste landfill that shows that
                               as underground metal fuel tanks coat-                      the liquids do not exceed 500 ppm PCB
                               ed with fire retardant resin or pitch,                     and are not an ignitable waste as de-
                               for purposes of unrestricted use or dis-                   scribed in § 761.75(b)(8)(iii).
                               posal in a smelter in accordance with                         (b) PCB Articles. This paragraph does
                               § 761.79(b)(3).                                            not authorize disposal that is other-
                                  (c) Storage for disposal. Any person                    wise prohibited in § 761.20 or elsewhere
                               who holds PCB waste must store it in                       in this part.
                               accordance with § 761.65.                                     (1) Transformers. (i) PCB Trans-
                                  (d) Performance specifications for dis-                 formers shall be disposed of in accord-
                               posal technologies—(1) Incinerators. Any                   ance with either of the following:
                               person using an incinerator to dispose                        (A) In an incinerator that complies
                               of PCBs must use an incinerator that                       with § 761.70; or
                               meets the criteria set forth in § 761.70.                     (B) In a chemical waste landfill ap-
                                  (2) High efficiency boilers. Any person                 proved under § 761.75; provided that all
                               using a high efficiency boiler to dispose                  free-flowing liquid is removed from the
                               of PCBs must use a boiler that meets                       transformer, the transformer is filled
                               the criteria set forth in § 761.71.                        with a solvent, the transformer is al-
                                  (3) Scrap metal recovery ovens and                      lowed to stand for at least 18 contin-
                               smelters. Any person using scrap metal                     uous hours, and then the solvent is
                               recovery ovens and smelters to dispose                     thoroughly removed. Any person dis-
                               of PCBs must use a device that meets                       posing of PCB liquids that are removed
                               the criteria set forth in § 761.72.                        from the transformer (including the di-
                                  (4) Chemical waste landfills. Any per-                  electric fluid and all solvents used as a
                               son using a chemical waste landfill to                     flush), shall do so in an incinerator
                               dispose of PCBs must use a chemical                        that complies with § 761.70 of this part,
                               waste landfill that meets the criteria                     or shall decontaminate them in accord-
                               set forth in § 761.75.                                     ance with § 761.79. Solvents may include
                                  (e) TSCA PCB Coordinated Approval.                      kerosene, xylene, toluene, and other
                               Any person seeking a TSCA PCB Co-                          solvents in which PCBs are readily
                               ordinated Approval must follow the                         soluble. Any person disposing of these
                               procedures set forth in § 761.77.                          PCB liquids must ensure that the sol-
                               [63 FR 35444, June 29, 1998, as amended at 64              vent flushing procedure is conducted in
                               FR 33760, June 24, 1999]                                   accordance with applicable safety and
                                                                                          health standards as required by Fed-
                               § 761.60 Disposal requirements.                            eral or State regulations.
                                  (a) PCB liquids. PCB liquids at con-                       (ii) [Reserved]
                               centrations ≥50 ppm must be disposed                          (2) PCB Capacitors. (i) The disposal of
                               of in an incinerator which complies                        any capacitor shall comply with all re-
                               with § 761.70, except that PCB liquids at                  quirements of this subpart unless it is

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                               § 761.60                                                                40 CFR Ch. I (7–1–01 Edition)

                               known from label or nameplate infor-                       proved chemical waste landfills after
                               mation, manufacturer’s literature (in-                     March 1, 1981, if in his opinion,
                               cluding documented communications                             (A) Adequate incineration capability
                               with the manufacturer), or chemical                        for PCB capacitors is not available, or
                               analysis that the capacitor does not                          (B) The incineration of PCB capaci-
                               contain PCBs.                                              tors will significantly interfere with
                                  (ii) Any person may dispose of PCB                      the incineration of liquid PCBs, or
                               Small Capacitors as municipal solid                           (C) There is other good cause shown.
                               waste, unless that person is subject to                    As part of this evaluation, the Assist-
                               the requirements of paragraph (b)(2)(iv)                   ant Administrator will consider the
                               of this section.                                           impact of his action on the incentives
                                  (iii) Any PCB Large High or Low                         to construct or expand PCB inciner-
                               Voltage Capacitor which contains 500                       ators.
                               ppm or greater PCBs, owned by any                             (vi) Any person disposing of large
                               person, shall be disposed of in accord-                    PCB capacitors or small PCB capaci-
                               ance with either of the following:                         tors described in paragraph (b)(2)(iv) of
                                  (A) Disposal in an incinerator that                     this section in a chemical waste land-
                               complies with § 761.70; or                                 fill approved under § 761.75, shall first
                                  (B) Until March 1, 1981, disposal in a                  place them in a container meeting the
                               chemical waste landfill that complies                      DOT packaging requirements at 49 CFR
                               with § 761.75.                                             parts 171 through 180. In all cases, the
                                  (iv) Any person who manufactures or                     person must fill the interstitial space
                               at any time manufactured PCB Capaci-                       in the container with sufficient absorb-
                               tors or PCB Equipment, and acquired                        ent material (such as soil) to absorb
                               the PCB Capacitor in the course of                         any liquid PCBs remaining in the ca-
                               such manufacturing, shall place the                        pacitors.
                               PCB Small Capacitors in a container                           (3) PCB hydraulic machines. (i) Any
                               meeting the DOT packaging require-                         person disposing of PCB hydraulic ma-
                               ments at 49 CFR parts 171 through 180                      chines containing PCBs at concentra-
                               and dispose of them in accordance with                     tions of ≥50 ppm, such as die casting
                               either of the following:                                   machines, shall do so by one of the fol-
                                  (A) Disposal in an incinerator which                    lowing methods:
                               complies with § 761.70; or                                    (A) In accordance with § 761.79.
                                  (B) Until March 1, 1981, disposal in a                     (B) In a facility which is permitted,
                               chemical waste landfill which complies                     licensed, or registered by a State to
                               with § 761.75.                                             manage municipal solid waste subject
                                  (v) Notwithstanding the restrictions                    to part 258 of this chapter or non-mu-
                               imposed by paragraph (b)(2)(iii)(B) or                     nicipal non-hazardous waste subject to
                               (b)(2)(iv)(B) of this section, PCB capaci-                 §§ 257.5 through 257.30 of this chapter, as
                               tors may be disposed of in PCB chem-                       applicable (excluding thermal treat-
                               ical waste landfills that comply with                      ment units).
                               § 761.75 subsequent to March 1, 1981, if                      (C) In a scrap metal recovery oven or
                               the Assistant Administrator for Pre-                       smelter operating in compliance with
                               vention, Pesticides and Toxic Sub-                         § 761.72.
                               stances publishes a notice in the FED-                        (D) In a disposal facility approved
                               ERAL REGISTER declaring that those                         under this part.
                               landfills are available for such disposal                     (ii) All free-flowing liquid must be re-
                               and explaining the reasons for the ex-                     moved from each machine and the liq-
                               tension or reopening. An extension or                      uid must be disposed of in accordance
                               reopening for disposal of PCB capaci-                      with the provisions of paragraph (a) of
                               tors that is granted under this sub-                       this section. If the PCB liquid contains
                               section shall be subject to such terms                     ≥1,000 ppm PCB, then the hydraulic ma-
                               and conditions as the Assistant Admin-                     chine must be decontaminated in ac-
                               istrator may prescribe and shall be in                     cordance with § 761.79 or flushed prior
                               effect for such period as the Assistant                    to disposal with a solvent listed at
                               Administrator may prescribe. The As-                       paragraph (b)(1)(i)(B) of this section
                               sistant Administrator may permit dis-                      which contains <50 ppm PCB. The sol-
                               posal of PCB capacitors in EPA ap-                         vent must be disposed of in accordance

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                               Environmental Protection Agency                                                                       § 761.60

                               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).
                               doned in place under one or more of the
                                                                                             (ii) Removal with subsequent action.
                               following provisions:
                                                                                          Natural gas pipeline systems may be
                                  (A) Natural gas pipe having a nomi-
                                                                                          disposed of under one of the following
                               nal inside diameter of ≤4 inches, and
                               containing PCBs at any concentration                       provisions:
                               but no free-flowing liquids, may be                           (A) The following classifications of
                               abandoned in the place it was used to                      natural gas pipe containing no free-
                               transport natural gas if each end is                       flowing liquids may be disposed of in a
                               sealed closed and the pipe is either:                      facility permitted, licensed, or reg-
                                  (1) Included in a public service notifi-                istered by a State to manage municipal
                               cation program, such as a ‘‘one-call’’                     solid waste subject to part 258 of this
                               system under 49 CFR 192.614(a) and (b).                    chapter or non-municipal non-haz-
                                  (2) Filled to 50 percent or more of the                 ardous waste subject to §§ 257.5 through
                               volume of the pipe with grout (such as                     257.30 of this chapter, as applicable (ex-
                               a hardening slurry consisting of ce-                       cluding thermal treatment units); a
                               ment, bentonite, or clay) or high den-                     scrap metal recovery oven or smelter
                               sity polyurethane foam.                                    operating in compliance with the re-
                                  (B) PCB-Contaminated natural gas                        quirements of § 761.72; or a disposal fa-
                               pipe of any diameter, where the PCB                        cility approved under this part:
                               concentration was determined after the                        (1) PCB-Contaminated natural gas
                               last transmission of gas through the                       pipe of any diameter where the PCB
                               pipe or at the time of abandonment,                        concentration was determined after the
                               that contains no free-flowing liquids                      last transmission of gas through the
                               may be abandoned in the place it was                       pipe or during removal from the loca-
                               used to transport natural gas if each                      tion it was used to transport natural
                               end is sealed closed.                                      gas.
                                  (C) Natural gas pipe of any diameter                       (2) Natural gas pipe containing PCBs
                               which contains PCBs at any concentra-                      at any concentration and having a
                               tion but no free-flowing liquids, may be                   nominal inside diameter ≤4 inches.
                               abandoned in the place it was used to                         (B) Any component of a natural gas
                               transport natural gas, if each end is                      pipeline system may be disposed of
                               sealed closed, and either:                                 under one of the following provisions:

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                               § 761.60                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (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.
                               to be abandoned or removed. Collect
                                                                                             (2) In a facility permitted, licensed,
                               wipe samples after the last trans-
                                                                                          or registered by a State to manage mu-
                               mission of gas through the pipe or dur-
                                                                                          nicipal solid waste subject to part 258
                               ing removal from the location it was
                                                                                          of this chapter or non-municipal non-
                               used to transport natural gas.
                                                                                          hazardous waste subject to §§ 257.5
                                  (B) PCB concentration of the organic
                                                                                          through 257.30 of this chapter, as appli-
                               phase of multi-phasic liquids shall be
                                                                                          cable (excluding thermal treatment
                               determined       in    accordance     with
                                                                                          units).
                               § 761.1(b)(4).
                                  (iv) Disposal of pipeline liquids. (A)                     (3) In a scrap metal recovery oven or
                               Any person disposing of liquids con-                       smelter operating in compliance with
                               taining PCBs ≥50 ppm removed, spilled,                     § 761.72.
                               or otherwise released from a natural                          (4) In a disposal facility approved
                               gas pipeline system must do so in ac-                      under this part.
                               cordance with § 761.61(a)(5)(iv) based on                     (B) Storage for disposal of PCB-Con-
                               the PCB concentration at the time of                       taminated Articles from which all free-
                               removal from the system. Any person                        flowing liquids have been removed is
                               disposing of material contaminated by                      not regulated under subpart D of this
                               spills or other releases of PCBs ≥50 ppm                   part.
                               from a natural gas pipeline system,                           (C) Requirements in subparts J and K
                               must do so in accordance with § 761.61                     of this part do not apply to PCB-Con-
                               or § 761.79, as applicable.                                taminated Articles from which all free-
                                  (B) Any person who markets or burns                     flowing liquids have been removed.
                               for energy recovery liquid containing                         (iii) Fluorescent light ballasts con-
                               PCBs at concentrations <50 ppm PCBs                        taining PCBs in their potting material
                               at the time of removal from a natural                      must be disposed of in a TSCA-ap-
                               gas pipeline system must do so in ac-                      proved disposal facility, as bulk prod-
                               cordance with the provisions per-                          uct waste under § 761.62, as household
                               taining to used oil at § 761.20(e). No                     waste under § 761.63 (where applicable),
                               other use of liquid containing PCBs at                     or in accordance with the decon-
                               concentrations above the quantifiable                      tamination provisions of § 761.79.

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                               Environmental Protection Agency                                                                       § 761.60

                                  (7) Storage of PCB Articles. Except for                 Requests for approval of alternate
                               a PCB Article described in paragraph                       methods that will be operated in more
                               (b)(2)(ii) of this section and hydraulic                   than one Region must be submitted to
                               machines that comply with the munic-                       the Director, National Program Chemi-
                               ipal solid waste disposal provisions de-                   cals Division except for research and
                               scribed in paragraph (b)(3) of this sec-                   development activities involving less
                               tion, any PCB Article, with PCB con-                       than 500 pounds of PCB material (see
                               centrations at 50 ppm or greater, shall                    paragraph (i)(2) of this section). Re-
                               be stored in accordance with § 761.65                      quests for approval of alternate meth-
                               prior to disposal.                                         ods that will be operated in only one
                                  (8) Persons disposing of PCB Articles                   Region must be submitted to the ap-
                               must wear or use protective clothing or                    propriate EPA Regional Administrator.
                               equipment to protect against dermal                        The applicant must show that his or
                               contact with or inhalation of PCBs or                      her method of destroying PCBs will not
                               materials containing PCBs.                                 present an unreasonable risk of injury
                                  (c) PCB Containers. (1) Unless decon-                   to health or the environment. On the
                               taminated in compliance with § 761.79                      basis of such information and any
                               or as provided in paragraph (c)(2) of                      available information, the EPA Re-
                               this section, a PCB container with PCB                     gional Administrator or the Director,
                               concentrations at 500 ppm or greater                       National Program Chemicals Division
                               shall be disposed of:                                      may, in his or her discretion, approve
                                  (i) In an incinerator which complies                    the use of the alternate method if he or
                               with § 761.70, or                                          she finds that the alternate disposal
                                  (ii) In a chemical waste landfill that                  method provides PCB destruction
                               complies with § 761.75; provided that if                   equivalent to disposal in a § 761.70 in-
                               there are PCBs in a liquid state, the                      cinerator or a § 761.71 high efficiency
                               PCB Container shall first be drained                       boiler and will not present an unrea-
                               and the PCB liquid disposed of in ac-                      sonable risk of injury to health or the
                               cordance with paragraph (a) of this sec-                   environment. Any approval must be
                               tion.
                                                                                          stated in writing and may include such
                                  (2) Any PCB Container used to con-
                                                                                          conditions and provisions as the EPA
                               tain only PCBs at a concentration less
                                                                                          Regional Administrator or Director,
                               than 500 ppm shall be disposed of as
                                                                                          National Program Chemicals Division
                               municipal solid wastes; provided that if
                                                                                          deems appropriate. The person to
                               the PCBs are in a liquid state, the PCB
                                                                                          whom such waiver is issued must com-
                               Container shall first be drained and the
                                                                                          ply with all limitations contained in
                               PCB liquid shall be disposed of in ac-
                                                                                          such determination. No person may use
                               cordance with paragraph (a) of this sec-
                                                                                          the alternate method of destroying
                               tion.
                                  (3) Prior to disposal, a PCB container                  PCBs or PCB Items prior to obtaining
                               with PCB concentrations at 50 ppm or                       permission from the appropriate EPA
                               greater shall be stored in a unit which                    official.
                               complies with § 761.65.                                      (f)(1) Each operator of a chemical
                                  (d) [Reserved]                                          waste landfill, incinerator, or alter-
                                  (e) Any person who is required to in-                   native to incineration approved under
                               cinerate any PCBs and PCB Items                            paragraph (e) of this section shall give
                               under this subpart and who can dem-                        the following written notices to the
                               onstrate that an alternative method of                     state and local governments within
                               destroying PCBs and PCB Items exists                       whose jurisdiction the disposal facility
                               and that this alternative method can                       is located:
                               achieve a level of performance equiva-                       (i) Notice at least thirty (30) days be-
                               lent to an incinerator approved under                      fore a facility is first used for disposal
                               § 761.70 or a high efficiency boiler oper-                 of PCBs required by these regulations;
                               ating in compliance with § 761.71, must                    and
                               submit a written request to either the                       (ii) At the request of any state or
                               EPA Regional Administrator or the Di-                      local government, annual notice of the
                               rector, National Program Chemicals                         quantities and general description of
                               Division, for a waiver from the inciner-                   PCBs disposed of during the year. This
                               ation requirements of § 761.70 or § 761.71.                annual notice shall be given no more

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                               § 761.60                                                                40 CFR Ch. I (7–1–01 Edition)

                               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
                               mineral oil dielectric fluid electrical                    chlorinated Biphenyls (PCBs) by Cap-
                               equipment may be collected in a com-                       illary Column Gas Chromatography’’ of
                               mon container, provided that no other                      SW-846, ‘‘OSW Test Methods for Evalu-
                               chemical substances or mixtures are                        ating Solid Waste,’’ which is available
                               added to the container. This common                        from NTIS; and ASTM Standard D-4059,
                               container option does not permit dilu-                     ‘‘Standard Test Method for Analysis of
                               tion of the collected oil. Mineral oil                     Polychlorinated Biphenyls in Insu-
                               that is assumed or known to contain at                     lating     Liquids   by    Gas    Chroma-
                               least 50 ppm PCBs must not be mixed                        tography,’’ which is available from
                               with mineral oil that is known or as-                      ASTM.
                               sumed to contain less than 50 ppm                             (2) Owners or users of waste oil may
                               PCBs to reduce the concentration of                        use the following procedures to deter-
                               PCBs in the common container. If di-                       mine the PCB concentration of waste
                               electric fluid from untested, oil-filled                   oil:
                               circuit breakers, reclosers, or cable is                      (i) Waste oil from more than one
                               collected in a common container with                       source may be collected in a common
                               dielectric fluid from other oil-filled                     container, provided that no other
                               electrical equipment, the entire con-                      chemical substances or mixtures, such
                               tents of the container must be treated                     as non-waste oils, are added to the con-
                               as PCBs at a concentration of at least                     tainer.
                               50 ppm, unless all of the fluid from the                      (ii) For purposes of complying with
                               other oil-filled electrical equipment
                                                                                          the marking and disposal require-
                               has been tested and shown to contain
                                                                                          ments, representative samples may be
                               less than 50 ppm PCBs.
                                                                                          taken from either the common con-
                                 (ii) For purposes of complying with
                               the marking and disposal require-                          tainers or the individual electrical
                               ments, representative samples may be                       equipment to determine the PCB con-
                               taken from either the common con-                          centration. Except, That if any PCBs at
                               tainers or the individual electrical                       a concentration of 500 ppm or greater
                               equipment to determine the PCB con-                        have been added to the container or
                               centration, except that if any PCBs at                     equipment then the total container
                               a concentration of 500 ppm or greater                      contents must be considered as having
                               have been added to the container or                        a PCB concentration of 500 ppm or
                               equipment then the total container                         greater for purposes of complying with
                               contents must be considered as having                      the disposal requirements of this sub-
                               a PCB concentration of 500 ppm or                          part. For purposes of this paragraph,
                               greater for purposes of complying with                     representative samples of mineral oil
                               the disposal requirements of this sub-                     dielectric fluid are either samples
                               part. For purposes of this subpara-                        taken in accordance with ASTM D 923–
                               graph, representative samples of min-                      86 or ASTM D 923–89 or samples taken
                               eral oil dielectric fluid are either sam-                  from a container that has been thor-
                               ples taken in accordance with ASTM D                       oughly mixed in a manner such that

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                               Environmental Protection Agency                                                                       § 761.60

                               any PCBs in the container are uni-                         ing jurisdiction where the R&D for
                               formly distributed throughout the liq-                     PCB disposal activity will occur at
                               uid in the container.                                      least 30 days prior to the commence-
                                 (iii) Unless otherwise specified in this                 ment of any R&D for PCB disposal ac-
                               part, any person conducting the chem-                      tivity conducted under this section.
                               ical analysis of PCBs shall do so using                    Each written notification shall include
                               gas      chromatography.       Any     gas                 the EPA identification number of the
                               chromatographic method that is appro-                      site where the R&D for PCB disposal
                               priate for the material being analyzed                     activities will be conducted, the quan-
                               may be used, including those indicated                     tity of PCBs to be treated, the type of
                               in paragraph (g)(1)(iii) of this section.                  R&D technology to be used, the general
                                 (h) Requirements for export and im-                      physical and chemical properties of
                               port of PCBs and PCB Items for dis-                        material being treated, and an esti-
                               posal are found in Subpart F of this                       mate of the duration of the PCB activ-
                               part.                                                      ity. The EPA Regional Administrator,
                                 (i) Approval authority for disposal                      the State environmental protection
                               methods. (1) The officials (the Director,                  agency, and the local environmental
                               National Programs Chemical Division                        protection agency may waive notifica-
                               and the Regional Administrators) des-                      tion in writing prior to commencement
                               ignated in §§ 761.60(e) and 761.70 (a) and                 of the research.
                               (b) to receive requests for approval of                      (iii) The amount of material con-
                               PCB disposal activities are the primary                    taining PCBs treated annually by the
                               approval authorities for these activi-                     facility during R&D for PCB disposal
                               ties. Notwithstanding, the Director,                       activities does not exceed 500 gallons or
                               National Programs Chemical Division                        70 cubic feet of liquid or non-liquid
                               may, at his/her discretion, assign the                     PCBs and does not exceed a maximum
                               authority to review and approve any                        concentration of 10,000 ppm PCBs.
                               aspect of a disposal system to the Of-
                                                                                            (iv) No more than 1 kilogram total of
                               fice of Prevention, Pesticides and
                                                                                          pure PCBs per year is disposed of in all
                               Toxic Substances or to a Regional Ad-
                                                                                          R&D for PCB disposal activities at a
                               ministrator.
                                                                                          facility.
                                 (2) Except for activity authorized
                               under paragraph (j) of this section, re-                     (v) Each R&D for PCB disposal activ-
                               search and development (R&D) for PCB                       ity under this section lasts no more
                               disposal using a total of <500 pounds of                   than 1 calendar year.
                               PCB material (regardless of PCB con-                         (vi) Store all PCB wastes (treated
                               centration) will be reviewed and ap-                       and untreated PCB materials, testing
                               proved by the EPA Regional Adminis-                        samples, spent laboratory samples, re-
                               trator for the Region where the R&D                        siduals, untreated samples, contami-
                               will be conducted, and R&D for PCB                         nated media or instrumentation, cloth-
                               disposal using 500 pounds or more of                       ing, etc.) in compliance with § 761.65(b)
                               PCB material (regardless of PCB con-                       and dispose of them according to the
                               centration) will be reviewed and ap-                       undiluted PCB concentration prior to
                               proved by the Director, National Pro-                      treatment. However, PCB materials
                               gram Chemicals Division.                                   not treated in the R&D for PCB dis-
                                 (j) Self-implementing requirements for                   posal activity may be returned either
                               research and development (R&D) for PCB                     to the physical location where the sam-
                               disposal.                                                  ples were collected or a location where
                                 (1) Any person may conduct R&D for                       other regulated PCBs from the physical
                               PCB disposal without prior written ap-                     location where the samples were col-
                               proval from EPA if they meet the fol-                      lected are being stored for disposal.
                               lowing conditions:                                           (vii) Use manifests pursuant to sub-
                                 (i) File a notification and obtain an                    part K of this part for all R&D PCB
                               EPA identification number pursuant to                      wastes being transported from the R&D
                               subpart K of this part.                                    facility to an approved PCB storage or
                                 (ii) Notify in writing the EPA Re-                       disposal facility. However, §§ 761.207
                               gional Administrator, the State envi-                      through 761.218 do not apply if the re-
                               ronmental protection agency, and local                     siduals or treated samples are returned
                               environmental protection agency, hav-                      either to the physical location where

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                               § 761.61                                                                40 CFR Ch. I (7–1–01 Edition)

                               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                   § 761.61 PCB remediation waste.
                               disposal.
                                 (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 limita-                       tion 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
                               of this section without prior written                      contain further releases or mitigate
                               approval from EPA. Requests for ap-                        migration to the environment of PCBs
                               proval to exceed the material limita-                      or PCB remediation waste.
                               tions for PCBs in R&D for PCB disposal                        (a) Self-implementing on-site cleanup
                               activities as specified in this section                    and disposal of PCB remediation waste.
                               must be submitted in writing to the                        EPA designed the self-implementing
                               EPA Regional Administrator for the                         procedure for a general, moderately-
                               Region in which the facility con-                          sized site where there should be low re-
                               ducting R&D for PCB disposal activi-                       sidual environmental impact from re-
                               ties is located. Each request shall                        medial activities. The procedure may
                               specify the quantity or concentration                      be less practical for larger or environ-
                               requested or additional time needed for                    mentally diverse sites. For these other
                               disposal and include a justification for                   sites, the self-implementing procedure
                               each increase. For extensions to the                       still applies, but an EPA Regional Ad-
                               duration of the R&D for PCB disposal                       ministrator may authorize more prac-
                               activity, the request shall also include                   tical procedures through paragraph (c)
                               a report on the accomplishments and                        of this section. Any person may con-
                               progress of the previously authorized                      duct self-implementing cleanup and
                               R&D for PCB disposal activity for                          disposal of PCB remediation waste in
                               which the extension is sought. The                         accordance with the following require-
                               EPA Regional Administrator may                             ments without prior written approval
                               grant a waiver in writing for an in-                       from EPA.
                               crease in the volume of PCB material,                         (1) Applicability. (i) The self-imple-
                               the maximum concentration of PCBs,                         menting procedures may not be used to
                               the total amount of pure PCBs, or the                      clean up:
                                                                                             (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.
                               ble to the R&D for PCB disposal activ-
                                                                                             (C) Sewers or sewage treatment sys-
                               ity.
                                                                                          tems.
                                 (3) The EPA Regional Administrator
                                                                                             (D) Any private or public drinking
                               for the Region in which an R&D for
                                                                                          water sources or distribution systems.
                               PCB disposal activity is conducted may                        (E) Grazing lands.
                               determine, at any time, that an R&D                           (F) Vegetable gardens.
                               PCB disposal approval is required                             (ii) The self-implementing cleanup
                               under paragraphs (e) and (i)(2) of this                    provisions shall not be binding upon
                               section or § 761.70(d) to ensure that any                  cleanups conducted under other au-
                               R&D for PCB disposal activity does not                     thorities, including but not limited to,
                               present an unreasonable risk of injury                     actions conducted under section 104 or
                               to health or the environment.                              section 106 of CERCLA, or section
                                                                                          3004(u) and (v) or section 3008(h) of
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               2605)
                                                                                          RCRA.
                                                                                             (2) Site characterization. Any person
                               [44 FR 31542, May 31, 1979]                                conducting self-implementing cleanup
                                 EDITORIAL NOTE: For FEDERAL REGISTER ci-                 of PCB remediation waste must charac-
                               tations affecting § 761.60, see the List of CFR            terize the site adequately to be able to

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                               Environmental Protection Agency                                                                       § 761.61

                               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
                               data      summary       from     paragraph                 and in writing within 14 calendar days
                               (a)(3)(i)(B) of this section.                              of receiving it. If the EPA Regional Ad-
                                 (D) A cleanup plan for the site, in-                     ministrator does not respond verbally
                               cluding schedule, disposal technology,                     within 7 calendar days and in writing
                               and approach. This plan should contain                     within 14 calendar days of receiving the
                               options and contingencies to be used if                    change notice, the person who sub-
                               unanticipated higher concentrations or                     mitted it may deem it complete and
                               wider distributions of PCB remediation                     acceptable and proceed with the clean-
                               waste are found or other obstacles                         up according to the information in the
                               force changes in the cleanup approach.                     change notice provided to the EPA Re-
                                 (E) A written certification, signed by                   gional Administrator.
                               the owner of the property where the                          (iii) Any person conducting a cleanup
                               cleanup site is located and the party                      activity may obtain a waiver of the 30-
                               conducting the cleanup, that all sam-                      day notification requirement, if they
                               pling plans, sample collection proce-                      receive a separate waiver, in writing,
                               dures, sample preparation procedures,                      from each of the agencies they are re-
                               extraction procedures, and instru-                         quired to notify under this section. The
                               mental/chemical analysis procedures                        person must retain the original written

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                               § 761.61                                                                40 CFR Ch. I (7–1–01 Edition)

                               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                   pancy area to a high occupancy area,
                               PCB remediation waste: soil, sedi-                         the owner of the area shall clean up the
                               ments, dredged materials, muds, PCB                        area in accordance with the high occu-
                               sewage sludge, and industrial sludge.                      pancy area cleanup levels in para-
                                 (A) High occupancy areas. The cleanup                    graphs (a)(4)(i) through (a)(4)(iv) of this
                                                                                          section.
                               level for bulk PCB remediation waste
                                                                                             (vi) The EPA Regional Adminis-
                               in high occupancy areas is ≤1 ppm
                                                                                          trator, as part of his or her response to
                               without further conditions. High occu-
                                                                                          a notification submitted in accordance
                               pancy areas where bulk PCB remedi-
                                                                                          with § 761.61(a)(3) of this part, may re-
                               ation waste remains at concentrations
                                                                                          quire cleanup of the site, or portions of
                               >1 ppm and ≤10 ppm shall be covered
                                                                                          it, to more stringent cleanup levels
                               with a cap meeting the requirements of
                                                                                          than are otherwise required in this sec-
                               paragraphs (a)(7) and (a)(8) of this sec-
                                                                                          tion, based on the proximity to areas
                               tion.
                                                                                          such as residential dwellings, hospitals,
                                 (B) Low occupancy areas. (1) The                         schools, nursing homes, playgrounds,
                               cleanup level for bulk PCB remediation                     parks, day care centers, endangered
                               waste in low occupancy areas is ≤25                        species habitats, estuaries, wetlands,
                               ppm unless otherwise specified in this                     national parks, national wildlife ref-
                               paragraph.                                                 uges, commercial fisheries, and sport
                                 (2) Bulk PCB remediation wastes                          fisheries.
                               may remain at a cleanup site at con-                          (5) Site cleanup. In addition to the op-
                               centrations >25 ppm and ≤50 ppm if the                     tions set out in this paragraph, PCB
                               site is secured by a fence and marked                      disposal technologies approved under
                               with a sign including the ML mark.                         §§ 761.60 and 761.70 are acceptable for
                                 (3) Bulk PCB remediation wastes                          on-site self-implementing PCB remedi-
                               may remain at a cleanup site at con-                       ation waste disposal within the con-
                               centrations >25 ppm and ≤100 ppm if                        fines of the operating conditions of the
                               the site is covered with a cap meeting                     respective approvals.
                               the requirements of paragraphs (a)(7)                         (i) Bulk PCB remediation waste. Any
                               and (a)(8) of this section.                                person cleaning up bulk PCB remedi-
                                 (ii) Non-porous surfaces. In high occu-                  ation waste shall do so to the levels in
                               pancy areas, the surface PCB cleanup                       paragraph (a)(4)(i) of this section.
                               standard is ≤ 10 µg/100 cm2 of surface                        (A) Any person cleaning up bulk PCB
                               area. In low occupancy areas, the sur-                     remediation waste on-site using a soil
                               face cleanup standard is <100 µg/100 cm2                   washing process may do so without
                               of surface area. Select sampling loca-                     EPA approval, subject to all of the fol-
                               tions in accordance with subpart P of                      lowing:
                               this part or a sampling plan approved                         (1) A non-chlorinated solvent is used.
                               under paragraph (c) of this section.                          (2) The process occurs at ambient
                                 (iii) Porous surfaces. In both high and                  temperature.
                               low occupancy areas, any person dis-                          (3) The process is not exothermic.
                               posing of porous surfaces must do so                          (4) The process uses no external heat.
                               based on the levels in paragraph                              (5) The process has secondary con-
                               (a)(4)(i) of this section. Porous surfaces                 tainment to prevent any solvent from

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                               Environmental Protection Agency                                                                       § 761.61

                               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).
                               a PCB disposal facility approved under                        (iii) Porous surfaces. Porous surfaces
                               this part.                                                 shall be disposed on-site or off-site as
                                  (iv) The generator must provide writ-                   bulk PCB remediation waste according
                               ten notice, including the quantity to be                   to paragraph (a)(5)(i) of this section or
                               shipped and highest concentration of                       decontaminated for use according to
                               PCBs (using extraction EPA Method                          § 761.79(b)(4), as applicable.
                               3500B/3540C or Method 3500B/3550B fol-                        (iv) Liquids. Any person disposing of
                               lowed by chemical analysis using EPA                       liquid PCB remediation waste shall ei-
                               Method 8082 in SW-846 or methods vali-                     ther:
                               dated under subpart Q of this part) at                        (A) Decontaminate the waste to the
                               least 15 days before the first shipment                    levels specified in § 761.79(b)(1) or (b)(2).
                               of bulk PCB remediation waste from                            (B) Dispose of the waste in accord-
                               each cleanup site by the generator, to                     ance with paragraph (b) of this section
                               each off-site facility where the waste is                  or an approval issued under paragraph
                               destined for an area not subject to a                      (c) of this section.
                               TSCA PCB Disposal Approval.                                   (v) Cleanup wastes. Any person gener-
                                  (3) Any person may decontaminate                        ating the following wastes during and
                               bulk PCB remediation waste in accord-                      from the cleanup of PCB remediation
                               ance with § 761.79 and return the waste                    waste shall dispose of or reuse them
                               to the cleanup site for disposal as long                   using one of the following methods:

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                               § 761.61                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (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-                    by the sample and reinitiate sampling
                               tive equipment, and similar materials                      and analysis in accordance with para-
                               resulting from cleanup activities shall                    graph (a)(6)(i) of this section.
                               be either decontaminated in accord-                          (7) Cap requirements. A cap means,
                               ance with § 761.79(b) or (c), or disposed                  when referring to on-site cleanup and
                               of in one of the following facilities,                     disposal of PCB remediation waste, a
                               without regard to the requirements of                      uniform placement of concrete, as-
                               subparts J and K of this part:                             phalt, or similar material of minimum
                                  (1) A facility permitted, licensed, or                  thickness spread over the area where
                               registered by a State to manage munic-                     remediation waste was removed or left
                               ipal solid waste subject to part 258 of                    in place in order to prevent or mini-
                               this chapter.                                              mize human exposure, infiltration of
                                  (2) A facility permitted, licensed, or                  water, and erosion. Any person design-
                               registered by a State to manage non-                       ing and constructing a cap must do so
                               municipal non-hazardous waste subject                      in accordance with § 264.310(a) of this
                               to § § 257.5 through 257.30 of this chap-                  chapter, and ensure that it complies
                               ter, as applicable.                                        with the permeability, sieve, liquid
                                  (3) A hazardous waste landfill per-                     limit, and plasticity index parameters
                               mitted by EPA under section 3004 of                        in § 761.75(b)(1)(ii) through (b)(1)(v). A
                               RCRA, or by a State authorized under                       cap of compacted soil shall have a min-
                               section 3006 of RCRA.                                      imum thickness of 25 cm (10 inches). A
                                  (4) A PCB disposal facility approved                    concrete or asphalt cap shall have a
                               under this part.                                           minimum thickness of 15 cm (6 inches).
                                  (B) Cleaning solvents, abrasives, and                   A cap must be of sufficient strength to
                               equipment may be reused after decon-                       maintain its effectiveness and integ-
                               tamination in accordance with § 761.79.                    rity during the use of the cap surface
                                  (6) Cleanup verification—(i) Sampling                   which is exposed to the environment. A
                               and analysis. Any person collecting and                    cap shall not be contaminated at a
                               analyzing samples to verify the clean-                     level ≥1 ppm PCB per AroclorTM (or
                               up and on-site disposal of bulk PCB re-                    equivalent) or per congener. Repairs
                               mediation wastes and porous surfaces                       shall begin within 72 hours of discovery
                               must do so in accordance with subpart                      for any breaches which would impair
                               O of this part. Any person collecting                      the integrity of the cap.
                               and analyzing samples from non-porous                        (8) Deed restrictions for caps, fences
                               surfaces must do so in accordance with                     and low occupancy areas. When a clean-
                               subpart P of this part. Any person col-                    up activity conducted under this sec-
                               lecting and analyzing samples from liq-                    tion includes the use of a fence or a
                               uids must do so in accordance with                         cap, the owner of the site must main-
                               § 761.269. Any person conducting in-                       tain the fence or cap, in perpetuity. In
                               terim sampling during PCB remedi-                          addition, whenever a cap, or the proce-
                               ation waste cleanup to determine when                      dures and requirements for a low occu-
                               to sample to verify that cleanup is                        pancy area, is used, the owner of the
                               complete, may use PCB field screening                      site must meet the following condi-
                               tests.                                                     tions:
                                  (ii) Verification. (A) Where sample                       (i) Within 60 days of completion of a
                               analysis results in a measurement of                       cleanup activity under this section, the
                               PCBs less than or equal to the levels                      owner of the property shall:
                               specified in paragraph (a)(4) of this sec-                   (A) Record, in accordance with State
                               tion, self-implementing cleanup is                         law, a notation on the deed to the prop-
                               complete.                                                  erty, or on some other instrument
                                  (B) Where sample analysis results in                    which is normally examined during a
                               a measurement of PCBs greater than                         title search, that will in perpetuity no-
                               the levels specified in paragraph (a)(4)                   tify any potential purchaser of the
                               of this section, self-implementing                         property:

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                               Environmental Protection Agency                                                                       § 761.62

                                  (1) That the land has been used for                     neers under section 103 of the Marine
                               PCB remediation waste disposal and is                      Protection, Research, and Sanctuaries
                               restricted to use as a low occupancy                       Act, or the equivalent of such a permit
                               area as defined in § 761.3.                                as provided for in regulations of the
                                  (2) Of the existence of the fence or                    U.S. Army Corps of Engineers at 33
                               cap and the requirement to maintain                        CFR part 320.
                               the fence or cap.                                             (c) Risk-based disposal approval. (1)
                                  (3) The applicable cleanup levels left                  Any person wishing to sample, cleanup,
                               at the site, inside the fence, and/or                      or dispose of PCB remediation waste in
                               under the cap.                                             a manner other than prescribed in
                                  (B) Submit a certification, signed by                   paragraphs (a) or (b) of this section, or
                               the owner, that he/she has recorded the                    store PCB remediation waste in a man-
                               notation      specified    in   paragraph                  ner other than prescribed in § 761.65,
                               (a)(8)(i)(A) of this section to the EPA
                                                                                          must apply in writing to the EPA Re-
                               Regional Administrator.
                                                                                          gional Administrator in the Region
                                  (ii) The owner of a site being cleaned
                                                                                          where the sampling, cleanup, disposal
                               up under this section may remove a
                                                                                          or storage site is located, for sampling,
                               fence or cap after conducting addi-
                                                                                          cleanup, disposal or storage occurring
                               tional cleanup activities and achieving
                               cleanup levels, specified in paragraph                     in a single EPA Region; or to the Di-
                               (a)(4) of this section, which do not re-                   rector of the National Program Chemi-
                               quire a cap or fence. The owner may re-                    cals Division, for sampling, cleanup,
                               move the notice on the deed no earlier                     disposal or storage occurring in more
                               than 30 days after achieving the clean-                    than one EPA Region. Each application
                               up levels specified in this section which                  must contain information described in
                               do not require a fence or cap.                             the       notification   required      by
                                  (9) Recordkeeping. For paragraphs                       § 761.61(a)(3). EPA may request other
                               (a)(3), (a)(4), and (a)(5) of this section,                information that it believes necessary
                               recordkeeping is required in accord-                       to evaluate the application. No person
                               ance with § 761.125(c)(5).                                 may conduct cleanup activities under
                                  (b) Performance-based disposal. (1) Any                 this paragraph prior to obtaining writ-
                               person disposing of liquid PCB remedi-                     ten approval by EPA.
                               ation waste shall do so according to                          (2) EPA will issue a written decision
                               § 761.60(a) or (e), or decontaminate it in                 on each application for a risk-based
                               accordance with § 761.79.                                  method for PCB remediation wastes.
                                  (2) Any person disposing of non-liquid                  EPA will approve such an application if
                               PCB remediation waste shall do so by                       it finds that the method will not pose
                               one of the following methods:                              an unreasonable risk of injury to
                                  (i) Dispose of it in a high tempera-                    health or the environment.
                               ture     incinerator     approved    under
                                                                                          [63 FR 35448, June 29, 1998, as amended at 64
                               § 761.70(b), an alternate disposal method
                                                                                          FR 33761, June 24, 1999]
                               approved under § 761.60(e), a chemical
                               waste landfill approved under § 761.75,                    § 761.62 Disposal of PCB bulk product
                               or in a facility with a coordinated ap-                        waste.
                               proval issued under § 761.77.
                                  (ii) Decontaminate it in accordance                       PCB bulk product waste shall be dis-
                               with § 761.79.                                             posed of in accordance with paragraph
                                  (3) Any person may manage or dis-                       (a), (b), or (c) of this section. Under
                               pose of material containing <50 ppm                        some of these provisions, it may not be
                               PCBs that has been dredged or exca-                        necessary to determine the PCB con-
                               vated from waters of the United States:                    centration or leaching characteristics
                                  (i) In accordance with a permit that                    of the PCB bulk product waste. When it
                               has been issued under section 404 of the                   is necessary to analyze the waste to
                               Clean Water Act, or the equivalent of                      make either of these determinations,
                               such a permit as provided for in regula-                   use the applicable procedures in sub-
                               tions of the U.S. Army Corps of Engi-                      part R of this part to sample the waste
                               neers at 33 CFR part 320.                                  for analysis, unless EPA approves an-
                                  (ii) In accordance with a permit                        other sampling plan under paragraph
                               issued by the U.S. Army Corps of Engi-                     (c) of this section.

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                               § 761.62                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (a) Performance-based disposal. Any                     subject to §§ 257.5 through 257.30 of this
                               person disposing of PCB bulk product                       chapter, as applicable, if:
                               waste may do so as follows:                                  (i) The PCB bulk product waste is
                                  (1) In an incinerator approved under                    segregated from organic liquids dis-
                               § 761.70.                                                  posed of in the landfill unit.
                                  (2) In a chemical waste landfill ap-                      (ii) Leachate is collected from the
                               proved under § 761.75.                                     landfill unit and monitored for PCBs.
                                  (3) In a hazardous waste landfill per-                    (3) Any release of PCBs (including
                               mitted by EPA under section 3004 of                        but not limited to leachate) from the
                               RCRA, or by a State authorized under                       landfill unit shall be cleaned up in ac-
                               section 3006 of RCRA.                                      cordance with § 761.61.
                                  (4) Under an alternate disposal ap-                       (4)(i) Any person disposing off-site of
                               proval under § 761.60(e).                                  PCB bulk product waste regulated
                                  (5) In accordance with the decon-                       under paragraph (b)(1) of this section
                               tamination provisions of § 761.79.                         at a waste management facility not
                                  (6) For metal surfaces in contact                       having a commercial PCB storage or
                               with PCBs, in accordance with the                          disposal approval must provide written
                               thermal decontamination provisions of                      notice to the facility a minimum of 15
                               § 761.79(c)(6).                                            days in advance of the first shipment
                                  (7) In accordance with a TSCA PCB                       from the same disposal waste stream.
                               Coordinated Approval issued under                          The notice shall state that the PCB
                               § 761.77.                                                  bulk product waste may include com-
                                  (b) Disposal in solid waste landfills. (1)              ponents containing PCBs at ≥ 50 ppm
                               Any person may dispose of the fol-                         based on analysis of the waste in the
                               lowing PCB bulk product waste in a fa-                     shipment or application of a general
                               cility permitted, licensed, or registered                  knowledge of the waste stream (or
                               by a State as a municipal or non-mu-                       similar material) which is known to
                               nicipal non-hazardous waste landfill:                      contain PCBs at those levels, and that
                                  (i) Plastics (such as plastic insulation                the PCB bulk product waste is known
                               from wire or cable; radio, television                      or presumed to leach <10 µg/L PCBs.
                               and computer casings; vehicle parts; or                      (ii) Any person disposing off-site of
                               furniture laminates); preformed or                         PCB bulk product waste regulated
                               molded rubber parts and components;                        under paragraph (b)(2) of this section
                               applied dried paints, varnishes, waxes                     at a waste management facility not
                               or other similar coatings or sealants;                     having a commercial PCB storage or
                               caulking; Galbestos; non-liquid build-                     disposal approval must provide written
                               ing demolition debris; or non-liquid                       notice to the facility a minimum of 15
                               PCB bulk product waste from the                            days in advance of the first shipment
                               shredding of automobiles or household                      from the same disposal waste stream
                               appliances from which PCB small ca-                        and with each shipment thereafter. The
                               pacitors have been removed (shredder                       notice shall state that the PCB bulk
                               fluff).                                                    product waste may include components
                                  (ii) Other PCB bulk product waste,                      containing PCBs at ≥50 ppm based on
                               sampled in accordance with the proto-                      analysis of the waste in the shipment
                               cols set out in subpart R of this part,                    or application of a general knowledge
                               that leaches PCBs at <10 µg/L of water                     of the waste stream (or similar mate-
                               measured using a procedure used to                         rial) which is known to contain PCBs
                               simulate leachate generation.                              at those levels, and that the PCB bulk
                                  (2) Any person may dispose of PCB                       product waste is known or presumed to
                               bulk product waste other than those                        leach ≥10 µg/L PCBs.
                               materials meeting the conditions of                          (5) Any person disposing of PCB bulk
                               paragraph (b)(1) of this section, (e.g.,                   product waste must maintain a written
                               paper or felt gaskets contaminated by                      record of all sampling and analysis of
                               liquid PCBs in a facility that is per-                     PCBs or notifications made under this
                               mitted, licensed, or registered by a                       paragraph for 3 years from the date of
                               State to manage municipal solid waste                      the waste’s generation. The records
                               subject to part 258 of this chapter or                     must be made available to EPA upon
                               non-municipal non-hazardous waste                          request.

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                               Environmental Protection Agency                                                                       § 761.65

                                  (6) Requirements in subparts C, J,                      licensed, or registered by a State to
                               and K of this part do not apply to                         manage municipal or industrial solid
                               waste disposed of under paragraph (b)                      waste, or in a facility with an approval
                               of this section.                                           to dispose of PCB bulk product waste
                                  (c) Risk-based disposal approval. (1)                   under § 761.62(c), is not subject to any
                               Any person wishing to sample or dis-                       other requirements of part 761 of this
                               pose of PCB bulk product waste in a                        chapter. PCB household waste stored in
                               manner other than prescribed in para-                      a unit regulated for storage of PCB
                               graphs (a) or (b) of this section, or                      waste must not be commingled with
                               store PCB bulk product waste in a                          PCB waste.
                               manner other than prescribed in                            [63 FR 35452, June 29, 1998]
                               § 761.65, must apply in writing to: the
                               EPA Regional Administrator in the Re-                      § 761.64 Disposal of wastes generated
                               gion where the sampling, disposal, or                           as a result of research and develop-
                               storage site is located, for sampling,                          ment activities authorized under
                               disposal, or storage occurring in a sin-                        § 761.30(j) and chemical analysis of
                               gle EPA Region; or the Director of the                          PCBs.
                               National Program Chemicals Division,                          This section provides disposal re-
                               for sampling, disposal, or storage oc-                     quirements for wastes generated during
                               curring in more than one EPA Region.                       and as a result of research and develop-
                               Each application must contain infor-                       ment authorized under § 761.30(j). This
                               mation indicating that, based on tech-                     section also provides disposal require-
                               nical, environmental, or waste-specific                    ments for wastes generated during the
                               characteristics or considerations, the                     chemical analysis of samples con-
                               proposed sampling, disposal, or storage                    taining PCBs under part 761, including
                               methods or locations will not pose an                      §§ 761.30, 761.60, 761.61, 761.62, and 761.79.
                               unreasonable risk of injury to health                      For determining the presence of PCBs
                               or the environment. EPA may request                        in samples, chemical analysis includes:
                               other information that it believes nec-                    sample preparation, sample extraction,
                               essary to evaluate the application. No                     extract cleanup, extract concentration,
                               person may conduct sampling, disposal,                     addition of PCB standards, and instru-
                               or storage activities under this para-                     mental analysis.
                               graph prior to obtaining written ap-                          (a) Portions of samples of a size des-
                               proval by EPA.                                             ignated in a chemical extraction and
                                  (2) EPA will issue a written decision                   analysis method for PCBs and ex-
                               on each application for a risk-based                       tracted for purposes of determining the
                               sampling, disposal, or storage method                      presence of PCBs or concentration of
                               for PCB bulk product wastes. EPA will                      PCBs are unregulated for PCB disposal
                               approve such an application if it finds                    under this part.
                               that the method will not pose an un-                          (b) All other wastes generated during
                               reasonable risk of injury to health or                     these activities are regulated for dis-
                               the environment.                                           posal based on their concentration at
                                  (d) Disposal as daily landfill cover or                 the time of disposal as follows:
                               roadbed. Bulk product waste described                         (1) Liquid wastes, including rinse sol-
                               in paragraph (b)(1) of this section may                    vents, must be disposed of according to
                               be disposed of:                                            § 761.61(a)(5)(iv).
                                  (1) As daily landfill cover as long as                     (2) Non-liquid wastes must be dis-
                               the daily cover remains in the landfill                    posed of in the same manner as non-liq-
                               and is not released or dispersed by wind                   uid cleaning materials and personal
                               or other action; or                                        protective equipment waste according
                                  (2) Under asphalt as part of a road                     to § 761.61(a)(5)(v)(A).
                               bed.                                                       [63 FR 35452, June 29, 1998]
                               [63 FR 35451, June 29, 1998, as amended at 64
                               FR 33761, June 24, 1999]                                   § 761.65 Storage for disposal.
                                                                                             This section applies to the storage
                               § 761.63 PCB household waste storage                       for disposal of PCBs at concentrations
                                    and disposal.                                         of 50 ppm or greater and PCB Items
                                  PCB household waste, as defined at                      with PCB concentrations of 50 ppm or
                               § 761.3, managed in a facility permitted,                  greater.

                                                                                    589



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (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 Director, Na-
                               the point at which the 1-year time                         tional Program Chemicals Division,
                               frame for disposal begins. PCB/radio-                      may grant additional extensions be-
                               active waste removed from service for                      yond the 1-year extension authorized in
                               disposal is exempt from the 1-year time                    paragraph (a)(2) of this section. At the
                               limit provided that the provisions at                      time of the request, the requestor must
                               paragraphs (a)(2)(ii) and (a)(2)(iii) of                   supply specific justification for the ad-
                               this section are followed and the waste                    ditional extension and indicate what
                               is managed in accordance with all                          measures the requestor is taking to se-
                               other applicable Federal, State, and                       cure disposal of the waste or indicate
                               local laws and regulations for the man-                    why disposal could not be conducted
                               agement of radioactive material.                           during the period of the prior exten-
                                  (2) One-year extension. Any person                      sion. The EPA Regional Administrator
                               storing PCB waste that is subject to                       or the Director, National Program
                               the 1-year time limit for storage and                      Chemicals Division may require, as a
                               disposal in paragraph (a)(1) of this sec-                  condition to granting any extension
                               tion may provide written notification                      under this section, specific actions in-
                               to the EPA Regional Administrator for                      cluding, but not limited to, marking,
                               the Region in which the PCB waste is                       inspection, recordkeeping, or financial
                               stored that their continuing attempts                      assurance to ensure that the waste
                               to dispose of or secure disposal for                       does not pose an unreasonable risk of
                               their waste within the 1-year time                         injury to health or the environment.
                               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 Director, National Program
                               30 days before the initial 1-year time                     Chemicals Division, if EPA determines
                               limit expires and the notice identifies                    that there is a demonstrated need or
                               the storer, the types, volumes, and lo-                    justification for additional time, that
                               cations of the waste and the reasons                       the owner or operator of the facility is
                               for failure to meet the initial 1-year                     pursuing relevant treatment or dis-
                               time limit.                                                posal options, and that no unreason-
                                  (ii) A written record documenting all                   able risk of injury to health or the en-
                               continuing attempts to secure disposal                     vironment will result from the in-
                               is maintained until the waste is dis-                      creased storage time. In making this
                               posed of.                                                  determination, EPA will consider such
                                  (iii) The written record required by                    factors as absence of any approved
                               paragraph (a)(2)(ii) of this section is                    treatment technology and insufficient
                               available for inspection or submission                     time to complete the treatment or de-
                               if requested by EPA.                                       struction process. EPA may require as
                                  (iv) Continuing attempts to secure                      a condition of the approval that the
                               disposal were initiated within 270 days                    owner or operator submit periodic
                               after the time the waste was first sub-                    progress reports.
                               ject to the 1-year time limit require-                       (b) Except as provided in paragraphs
                               ment, as specified in paragraph (a)(1) of                  (b)(2), (c)(1), (c)(7), (c)(9), and (c)(10) of
                               this section. Failure to initiate and                      this section, after July 1, 1978, owners
                               continue attempts to secure disposal                       or operators of any facilities used for
                               throughout the total time the waste is                     the storage of PCBs and PCB Items
                               in storage shall automatically dis-                        designated for disposal shall comply

                                                                                    590



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                               Environmental Protection Agency                                                                       § 761.65

                               with the following storage unit re-                        manage hazardous waste in containers,
                               quirements:                                                and spills of PCBs are cleaned up in ac-
                                  (1) The facilities shall meet the fol-                  cordance with subpart G of this part.
                               lowing criteria:                                              (iv) Is approved or otherwise regu-
                                  (i) Adequate roof and walls to pre-                     lated pursuant to a State PCB waste
                               vent rain water from reaching the                          management program no less stringent
                               stored PCBs and PCB Items;                                 in protection of health or the environ-
                                  (ii) An adequate floor that has con-                    ment than the applicable TSCA re-
                               tinuous curbing with a minimum 6 inch                      quirements found in this part.
                               high curb. The floor and curbing must                         (v) Is subject to a TSCA Coordinated
                               provide a containment volume equal to                      Approval, which includes provisions for
                               at least two times the internal volume
                                                                                          storage of PCBs, issued pursuant to
                               of the largest PCB Article or PCB Con-
                                                                                          § 761.77.
                               tainer or 25 percent of the total inter-
                               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                     to thirty days from the date of their
                               25 percent of the total internal volume                    removal from service, provided that a
                               of all PCB Containers stored there,                        notation is attached to the PCB Item
                               whichever is greater.                                      or a PCB Container (containing the
                                  (iii) No drain valves, floor drains, ex-                item) indicating the date the item was
                               pansion joints, sewer lines, or other                      removed from service:
                               openings that would permit liquids to                         (i) Non-leaking PCB Articles and
                               flow from the curbed area;                                 PCB Equipment;
                                  (iv) Floors and curbing constructed                        (ii) Leaking PCB Articles and PCB
                               of Portland cement, concrete, or a con-                    Equipment if the PCB Items are placed
                               tinuous, smooth, non-porous surface as                     in a non-leaking PCB Container that
                               defined at § 761.3, which prevents or                      contains sufficient sorbent materials
                               minimizes penetration of PCBs.                             to absorb any liquid PCBs remaining in
                                  (v) Not located at a site that is below                 the PCB Items;
                               the 100-year flood water elevation.                           (iii) PCB Containers containing non-
                                  (2) No person may store PCBs and                        liquid PCBs such as contaminated soil,
                               PCB Items designated for disposal in a                     rags, and debris; and
                               storage unit other than one approved
                                                                                             (iv) PCB containers containing liquid
                               pursuant to paragraph (d) of this sec-
                                                                                          PCBs at concentrations of ≥50 ppm,
                               tion or meeting the design require-
                               ments of paragraph (b) of this section,                    provided a Spill Prevention, Control
                               unless the unit meets one of the fol-                      and Countermeasure Plan has been pre-
                               lowing conditions:                                         pared for the temporary storage area in
                                  (i) Is permitted by EPA under section                   accordance with part 112 of this chap-
                               3004 of RCRA to manage hazardous                           ter and the liquid PCB waste is in
                               waste in containers, and spills of PCBs                    packaging authorized in the DOT Haz-
                               are cleaned up in accordance with sub-                     ardous Materials Regulations at 49
                               part G of this part.                                       CFR parts 171 through 180 or stationary
                                  (ii) Qualifies for interim status under                 bulk storage tanks (including rolling
                               section 3005 of RCRA to manage haz-                        stock such as, but not limited to, tank-
                               ardous waste in containers, meets the                      er trucks, as specified by DOT).
                               requirements       for   containment     at                   (2) Non-leaking and structurally
                               § 264.175 of this chapter, and spills of                   undamaged PCB Large High Voltage
                               PCBs are cleaned up in accordance                          Capacitors       and     PCB-Contaminated
                               with subpart G of this part.                               Electrical Equipment that have not
                                  (iii) Is permitted by a State author-                   been drained of free flowing dielectric
                               ized under section 3006 of RCRA to                         fluid may be stored on pallets next to

                                                                                    591



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                               a storage facility that meets the re-                      manifest, one may use the term ‘‘Non-
                               quirements of paragraph (b) of this sec-                   DOT Regulated PCBs.’’
                               tion.    PCB-Contaminated       Electrical                   (i) Containers other than those meet-
                               Equipment that has been drained of                         ing HMR performance standards may
                               free flowing dielectric fluid is not sub-                  be used for storage of PCB/radioactive
                               ject to the storage provisions of § 761.65.                waste provided the following require-
                               Storage under this subparagraph will                       ments are met:
                               be permitted only when the storage fa-                       (A) Containers used for storage of liq-
                               cility has immediately available un-                       uid PCB/radioactive wastes must be
                               filled storage space equal to 10 percent                   non-leaking.
                               of the volume of capacitors and equip-                       (B) Containers used for storage of
                               ment stored outside the facility. The                      non-liquid PCB/ radioactive wastes
                               capacitors and equipment temporarily                       must be designed to prevent the build-
                               stored outside the facility shall be                       up of liquids if such containers are
                               checked for leaks weekly.                                  stored in an area meeting the contain-
                                  (3) Any storage area subject to the                     ment      requirements     of  paragraph
                               requirements of paragraph (b) or para-                     (b)(1)(ii) of this section, as well as all
                               graph (c)(1) of this section shall be                      other applicable State or Federal regu-
                               marked as required in subpart C                            lations or requirements for control of
                               § 761.40(a)(10).                                           radioactive materials.
                                  (4) No item of movable equipment                          (C) Containers used to store both liq-
                               that is used for handling PCBs and PCB                     uid and non-liquid PCB/radioactive
                                                                                          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
                               spections, maintenance, cleanup and                        containers is protective of health and
                               disposal must be maintained in accord-                     the environment as well as public
                               ance with § 761.180(a) and (b).                            health and safety.
                                  (6) Except as provided in paragraphs                      (ii) The following DOT specification
                               (c)(6)(i) and (c)(6)(ii) of this section,                  containers that conform to the require-
                               any container used for the storage of                      ments of 49 CFR, chapter I, subchapter
                               liquid or non-liquid PCB waste shall be                    C in effect on September 30, 1991, may
                               in accordance with the requirements                        be used for storage and transportation
                               set forth in the DOT Hazardous Mate-                       activities that are not subject to DOT
                               rials Regulations (HMR) at 49 CFR                          regulation, and may be used on a tran-
                               parts 171 through 180. PCB waste not                       sitional basis as permitted at 49 CFR
                               subject to the HMR (i.e., PCB wastes at                    171.14. For liquid PCBs: Specification 5
                               concentrations of <20 ppm or <1 pound                      container without removable head,
                               of PCBs regardless of concentration)                       Specification 5B container without re-
                               must be packaged in accordance with                        movable head, Specification 6D over-
                               Packaging Group III, unless other haz-                     pack with Specification 2S or 2SL poly-
                               ards associated with the PCB waste                         ethylene containers, or Specification
                               cause it to require packaging in ac-                       17E container. For non-liquid PCBs:
                               cordance with Packaging Groups I or                        Specification 5 container, Specification
                               II. For purposes of describing PCB                         5B container, or Specification 17C con-
                               waste not subject to DOT’s HMR on a                        tainer.

                                                                                    592



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                               Environmental Protection Agency                                                                       § 761.65

                                 (7) Stationary storage containers for                      (iii) The storage site must have:
                               liquid PCBs can be larger than the con-                      (A) A liner that is designed, con-
                               tainers specified in paragraph (c)(6) of                   structed, and installed to prevent any
                               this section provided that:                                migration of wastes off or through the
                                 (i) The containers are designed, con-                    liner into the adjacent subsurface soil,
                               structed, and operated in compliance                       ground water or surface water at any
                               with Occupational Safety and Health                        time during the active life (including
                               Standards, 29 CFR 1910.106, Flammable                      the closure period) of the storage site.
                               and combustible liquids. Before using                      The liner may be constructed of mate-
                               these containers for storing PCBs, the                     rials that may allow waste to migrate
                               design of the containers must be re-                       into the liner. The liner must be:
                               viewed to determine the effect on the                        (1) Constructed of materials that
                               structural safety of the containers that                   have appropriate chemical properties
                               will result from placing liquids with                      and sufficient strength and thickness
                               the specific gravity of PCBs into the                      to prevent failure due to pressure gra-
                               containers          (see      29     CFR                   dients (including static head and exter-
                               1910.106(b)(1)(i)(f)).                                     nal hydrogeologic forces), physical con-
                                 (ii) The owners or operators of any                      tact with the waste or leachate to
                               facility using containers described in                     which they are exposed, climatic condi-
                               paragraph (c)(7)(i) of this section, shall                 tions, the stress of installation, and
                               prepare and implement a Spill Preven-                      the stress of daily operation.
                               tion Control and Countermeasure                              (2) Placed upon a foundation or base
                               (SPCC) Plan as described in part 112 of                    capable of providing support to the
                               this title. In complying with 40 CFR                       liner and resistance to pressure gra-
                               part 112, the owner or operator shall                      dients above and below the liner to pre-
                               read ‘‘oil(s)’’ as ‘‘PCB(s)’’ whenever it                  vent failure of the liner due to settle-
                               appears. The exemptions for storage                        ment, compression, or uplift.
                               capacity, 40 CFR 112.1(d)(2), and the                        (3) Installed to cover all surrounding
                               amendment of SPCC plans by the Re-                         earth likely to be in contact with the
                               gional Administrator, 40 CFR 112.4,                        waste.
                               shall not apply unless some fraction of                      (B) A cover that meets the require-
                               the liquids stored in the container are                    ments of paragraph (c)(9)(iii)(A) of this
                               oils as defined by section 311 of the                      section, is installed to cover all of the
                               Clean Water Act.                                           stored waste likely to be contacted
                                 (8) PCB Items shall be dated on the                      with precipitation, and is secured so as
                               item when they are removed from serv-                      not to be functionally disabled by
                               ice for disposal. The storage shall be                     winds expected under normal seasonal
                               managed so that the PCB Items can be                       meteorological conditions at the stor-
                               located by this date. Storage con-                         age site.
                               tainers provided in paragraph (c)(7) of                      (C) A run-on control system designed,
                               this section, shall have a record that                     constructed, operated, and maintained
                               includes for each batch of PCBs the                        such that:
                               quantity of the batch and date the                           (1) It prevents flow onto the stored
                               batch was added to the container. The                      waste during peak discharge from at
                               record shall also include the date,                        least a 25-year storm.
                               quantity, and disposition of any batch                       (2) It collects and controls at least
                               of PCBs removed from the container.                        the water volume resulting from a 24-
                                 (9) Bulk PCB remediation waste or                        hour, 25-year storm. Collection and
                               PCB bulk product waste may be stored                       holding facilities (e.g., tanks or basins)
                               at the clean-up site or site of genera-                    must be emptied or otherwise managed
                               tion for 180 days subject to the fol-                      expeditiously after storms to maintain
                               lowing conditions:                                         design capacity of the system.
                                 (i) The waste is placed in a pile de-                      (iv) The provisions of this paragraph
                               signed and operated to control dis-                        may be modified under § 761.61(c).
                               persal of the waste by wind, where nec-                      (10) Owners or operators of storage
                               essary, by means other than wetting.                       facilities shall establish and maintain
                                 (ii) The waste must not generate                         records as provided in § 761.180.
                               leachate through decomposition or                            (d) Approval of commercial storers of
                               other reactions.                                           PCB waste. (1) All commercial storers

                                                                                    593



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                               of PCB waste shall have interim ap-                        sion, if the commercial storage is an-
                               proval to operate commercial facilities                    cillary to a disposal facility permitted
                               for the storage of PCB waste until Au-                     by the Director, National Programs
                               gust 2, 1990. Commercial storers of PCB                    Chemical Division) under the closure
                               waste are prohibited from storing any                      plan standards of paragraph (e) of this
                               PCB waste at their facilities after Au-                    section.
                               gust 2, 1990 unless they have submitted                      (v) The owner or operator has in-
                               by August 2, 1990 a complete applica-                      cluded in the application for final ap-
                               tion for a final storage approval under                    proval a demonstration of financial re-
                               paragraph (d)(2) of this section. The pe-                  sponsibility for closure that meets the
                               riod of interim approval shall continue                    financial responsibility standards of
                               until the Regional Administrator (or                       paragraph (g) of this section.
                               the Director of the Chemical Manage-                         (vi) The operation of the storage fa-
                               ment Division (Director, National Pro-                     cility will not pose an unreasonable
                               grams Chemical Division) in cases in-                      risk of injury to health or the environ-
                               volving commercial storage ancillary                       ment.
                               to a facility approved for disposal by                       (vii) The environmental compliance
                               the Director, National Programs Chem-                      history of the applicant, its principals,
                               ical Division) makes a final decision on                   and its key employees may be deemed
                               the storage application at which time                      to constitute a sufficient basis for de-
                               such interim approval shall terminate.                     nial of approval whenever in the judg-
                                 (2) The Regional Administrator for                       ment of the Regional Administrator (or
                               the region in which the storage facility                   Director, National Programs Chemical
                               is located (or the Director, National                      Division) that history of environ-
                               Programs Chemical Division, if the                         mental civil violations or criminal con-
                               commercial storage area is ancillary to                    victions evidences a pattern or practice
                               a facility approved for disposal by the                    of noncompliance that demonstrates
                               Director, National Programs Chemical                       the applicant’s unwillingness or inabil-
                               Division) shall grant written, final ap-                   ity to achieve and maintain compli-
                               proval to engage in the commercial                         ance with the regulations.
                               storage of PCB waste upon a deter-                           (3) Applicants for storage approvals
                               mination by the Regional Adminis-                          shall submit a written application that
                               trator or the Director, National Pro-                      includes any relevant information
                               grams Chemical Division, that the cri-                     bearing upon the qualifications of the
                               teria in paragraph (d)(2)(i) through                       facility’s principals and key employees
                               (d)(2)(vii) of this section have been met                  to engage in the business of commer-
                               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,
                               maximum quantity of PCB waste that                         more than 5 percent of each partner-
                               will be handled at any one time at the                     ship, corporation, or other business or-
                               facility.                                                  ganization and all officials of the facil-
                                 (iii) The owner or operator of the                       ity who have direct management re-
                               unit has certified compliance with the                     sponsibility for the facility.
                               storage facility standards in para-                          (ii) The identification of the person
                               graphs (b) and (c)(7) of this section.                     responsible for the overall operations
                                 (iv) The owner or operator has devel-                    of the facility (i.e., a plant manager,
                               oped a written closure plan for the fa-                    superintendent, or a person of similar
                               cility that is deemed acceptable by the                    responsibility) and the supervisory em-
                               Regional Administrator (or the Direc-                      ployees who are or will be responsible
                               tor, National Programs Chemical Divi-                      for the operation of the facility.

                                                                                    594



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                               Environmental Protection Agency                                                                       § 761.65

                                 (iii) Information concerning the tech-                   and a brief statement setting forth the
                               nical qualifications and experience of                     basis for the determination.
                               the persons responsible for the overall                      (ii) Incorporation of the closure plan
                               operation of the facility and the em-                      submitted by the facility owner or op-
                               ployees responsible for handling PCB                       erator and approved by the Regional
                               waste or other wastes.                                     Administrator (or the Director, Na-
                                 (iv) Information concerning any past                     tional Programs Chemical Division, if
                               State or Federal environmental viola-                      the commercial storage area is ancil-
                               tions involving the same business or                       lary to a disposal facility approved by
                               another business with which the prin-                      the Director, National Programs Chem-
                               cipals or supervisory employees were                       ical Division).
                               affiliated directly that occurred within                     (iii) A condition imposing a max-
                               5 years preceding the date of submis-                      imum PCB storage capacity which the
                               sion and which relate directly to viola-                   facility shall not exceed during its PCB
                               tions that resulted in either a civil                      waste storage operations. The max-
                               penalty (irrespective of whether the                       imum storage capacity imposed under
                               matter was disposed of by an adjudica-                     this condition shall not be greater than
                               tion or by a without prejudice settle-                     the estimated maximum inventory of
                               ment) or judgment of conviction                            PCB waste included in the owner’s or
                               whether entered after trial or a plea,                     operator’s application for final ap-
                               either of guilt or nolo contendere or                      proval.
                               civil injunctive relief and involved
                                                                                            (iv) Such other conditions as deemed
                               storage, disposal, transport, or other
                                                                                          necessary by the Regional Adminis-
                               waste handling activities.
                                                                                          trator (or the Director, National Pro-
                                 (v) A list of all companies currently
                                                                                          grams Chemical Division, if the com-
                               owned or operated in the past by the
                                                                                          mercial storage area is ancillary to a
                               principals or key employees identified
                                                                                          disposal facility approved by the Direc-
                               in paragraphs (d)(3)(i) and (d)(3)(ii) of
                                                                                          tor, National Programs Chemical Divi-
                               this section that are or were directly
                                                                                          sion) to ensure that the operations of
                               or indirectly involved with waste han-
                                                                                          the PCB storage facility will not pose
                               dling activities.
                                 (vi) The owner’s or operator’s esti-                     an unreasonable risk of injury to
                               mate of maximum PCB waste quantity                         health or the environment.
                               to be handled at the facility.                               (5) Storage areas at transfer facilities
                                 (vii) A written statement certifying                     are exempt from the requirement to
                               compliance with paragraph (b) or (c) of                    obtain approval as a commercial storer
                               this section and containing a certifi-                     of PCB waste under this paragraph, un-
                               cation as defined in § 761.3.                              less the same PCB waste is stored at
                                 (viii) A written closure plan for the                    these facilities for a period of time
                               facility, as described in paragraph (e)                    greater than 10 consecutive days be-
                               of this section.                                           tween destinations.
                                 (ix) The current closure cost esti-                        (6) Storage areas at RCRA-permitted
                               mate for the facility, as described in                     facilities may be exempt from the sepa-
                               paragraph (f) of this section.                             rate TSCA storage approval require-
                                 (x) A demonstration of financial re-                     ments in this paragraph (d) upon a
                               sponsibility to close the facility, as de-                 showing to the Regional Administra-
                               scribed in paragraph (g) of this section.                  tor’s satisfaction that the facility’s ex-
                                 (4) The written approval issued by                       isting RCRA closure plan is substan-
                               the Regional Administrator (or the Di-                     tially equivalent to this rule’s closure
                               rector, National Programs Chemical                         plan standards, and that such facility’s
                               Division, if the commercial storage                        closure cost estimate and financial as-
                               area is ancillary to a disposal facility                   surance demonstration account for
                               approved by the Director, National                         maximum PCB waste inventories, and
                               Programs Chemical Division) shall in-                      the requirements of paragraph (d)(3)(i)
                               clude, but not be limited to, the fol-                     through (d)(3)(v) and (d)(3)(vii) of this
                               lowing:                                                    section are met. A pay-in period of
                                 (i) The determination that the appli-                    longer than 3 years after approval of
                               cant has satisfied the requirements set                    the storage facility pursuant to this
                               forth in paragraph (d)(2) of this section,                 rule, will be acceptable to EPA if that

                                                                                    595



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                               pay-in period has already been estab-                      plan that identifies the steps that the
                               lished for a valid RCRA facility or pre-                   owner or operator of the facility shall
                               viously approved TSCA facility.                            take to close the PCB waste storage fa-
                                 (7) Storage areas ancillary to TSCA-                     cility in a manner that eliminates the
                               approved disposal facilities may be ex-                    potential for post-closure releases of
                               empt from a separate facility approval                     PCBs which may present an unreason-
                               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 Director, National Programs Chem-                      determining the extent of removal or
                               ical Division, if it was the Director,                     decontamination.
                               National Programs Chemical Division                          (v) A detailed description of other ac-
                               who issued it. The approval shall be                       tivities necessary during the closure
                               modified to meet the requirements of                       period to ensure that any post-closure
                               paragraph (d)(7) of this section within                    releases of PCBs will not present un-
                               180 days of the effective date of this                     reasonable risks to human health or
                               final rule, or a separate application for                  the environment. This includes activi-
                               approval of the storage facility may be                    ties such as ground-water monitoring,
                               submitted to the Regional Adminis-                         run-on and run-off control, and facility
                               trator or the Director, National Pro-                      security.
                               grams Chemical Division, in the cases                        (vi) A schedule for closure of each
                               where the Director, National Programs                      area of the facility where PCB waste is
                               Chemical Division issued the approval.                     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

                                                                                    596



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                               Environmental Protection Agency                                                                       § 761.65

                               time required for any intervening clo-                       (i) The commercial storer shall no-
                               sure activities.                                           tify in writing the Regional Adminis-
                                  (vii) An estimate of the expected                       trator or the Director, National Pro-
                               year of closure of the PCB waste stor-                     grams Chemical Division if he ap-
                               age areas, if a trust fund is opted for as                 proved the closure plan, at least 60
                               the financial mechanism.                                   days prior to the date on which final
                                  (2) A written closure plan determined                   closure of its PCB storage facility is
                               to be acceptable by the Regional Ad-                       expected to begin.
                               ministrator (or the Director, National                       (ii) The date when a commercial stor-
                               Programs Chemical Division, if the                         er of PCB waste ‘‘expects to begin clo-
                               commercial storage area is ancillary to                    sure’’ shall be no later than 30 days
                               a disposal facility approved by the Di-                    after the date on which the storage fa-
                               rector, National Programs Chemical                         cility received its final quantities of
                               Division) under this section shall be-                     PCB waste. For good cause shown, the
                               come a condition of any approval                           Regional Administrator or the Direc-
                               granted under paragraph (d) of this sec-                   tor, National Programs Chemical Divi-
                               tion.                                                      sion if he approved the closure plan,
                                  (3) A separate and new closure plan                     may extend the date for commence-
                               need not be submitted in cases where a                     ment of closure for an additional 30-
                               facility is currently covered by a TSCA                    day period.
                               approval or a RCRA permit, upon a                            (iii) Within 90 days after receiving
                               showing to the satisfaction of the Re-                     the final quantity of PCB waste for
                               gional Administrator (or the Director,
                                                                                          storage, a commercial storer of PCB
                               National Programs Chemical Division,
                                                                                          waste shall remove all PCB waste in
                               if the commercial storage area is ancil-
                                                                                          storage at the facility from the facility
                               lary to a disposal facility approved by
                                                                                          in accordance with the approved clo-
                               the Director, National Programs Chem-
                                                                                          sure plan. For good cause shown, the
                               ical Division) that the existing closure
                                                                                          Regional Administrator or the Direc-
                               plan is substantially equivalent to clo-
                                                                                          tor, National Programs Chemical Divi-
                               sure plans required under paragraphs
                                                                                          sion if he approved the closure plan,
                               (d) through (g) of this section, and that
                                                                                          may approve a reasonable extension to
                               the plan adequately accounts for PCB
                                                                                          the period for removal of the PCB
                               waste inventories.
                                  (4) The commercial storer of PCB                        waste.
                               waste shall submit a written request to                      (iv) A commercial storer of PCB
                               the Regional Administrator (or the Di-                     waste shall complete closure activities
                               rector, National Programs Chemical                         in accordance with the approved clo-
                               Division, if he approved the closure                       sure plan and within 180 days after re-
                               plan) for a modification to its storage                    ceiving the final quantity of PCB waste
                               approval to amend its closure plan,                        for storage at the facility. For good
                               whenever:                                                  cause shown, the Regional Adminis-
                                  (i) Changes in ownership, operating                     trator or Director, National Programs
                               plans, or facility design affect the ex-                   Chemical Division if he approved the
                               isting closure plan.                                       closure plan, may approve a reasonable
                                  (ii) There is a change in the expected                  extension to the closure period.
                               date of closure, if applicable.                              (7) During the closure period, all con-
                                  (iii) In conducting closure activities,                 taminated system component equip-
                               unexpected events require a modifica-                      ment, structures, and soils shall be dis-
                               tion of the approved closure plan.                         posed of in accordance with the dis-
                                  (5) The Regional Administrator or                       posal requirements of subpart D of this
                               the Director, National Programs Chem-                      part, or, if applicable, decontaminated
                               ical Division, if he approved the clo-                     in accordance with the levels specified
                               sure plan, may modify the existing clo-                    in the PCB Spills Cleanup Policy at
                               sure plan under the conditions de-                         subpart G of this part. When PCB waste
                               scribed in paragraph (e)(4) of this sec-                   is removed from the storage facility
                               tion.                                                      during closure, the owner or operator
                                  (6) Commercial storers of PCB waste                     becomes a generator of PCB waste sub-
                               shall comply with the following closure                    ject to the generator requirements of
                               schedule:                                                  subpart J of this part.

                                                                                    597



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (8) Within 60 days of completion of                     date of the establishment of the finan-
                               closure of each facility for the storage                   cial instruments used to demonstrate
                               of PCB waste, the commercial storer of                     financial responsibility for closure, ex-
                               PCB waste shall submit to the Re-                          cept that owners or operators who use
                               gional Administrator (or Director, Na-                     the financial test or corporate guar-
                               tional Programs Chemical Division if                       antee shall adjust their closure cost es-
                               he approved the closure plan), by reg-                     timates for inflation within 30 days
                               istered mail, a certification that the                     after the close of the storer’s fiscal
                               PCB storage facility has been closed in                    year. The adjustment may be made by
                               accordance with the approved closure                       recalculating the maximum costs of
                               plan. The certification shall be signed                    closure in current dollars, or by using
                               by the owner or operator and by an                         an inflation factor derived from the
                               independent registered professional en-                    most recent Implicit Price Deflator for
                               gineer.                                                    Gross National Product published by
                                  (f) Closure cost estimate. (1) A commer-                the U.S. Department of Commerce in
                               cial storer of PCB wastes shall have a                     its Survey of Current Business. The Im-
                               detailed estimate, in current dollars, of                  plicit Price Deflator for Gross National
                               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 the Regional Administrator
                                  (ii) The closure cost estimate shall be
                                                                                          (or the Director, National Programs
                               based on the costs to the owner or op-
                               erator of hiring a third party to close                    Chemical Division, if he approved the
                               the facility, and the third party shall                    closure plan) approves a modification
                               not be either a corporate parent or sub-                   to the facility’s closure plan, and that
                               sidiary of the owner or operator, or                       modification increases the cost of clo-
                               member in joint ownership of the facil-                    sure, the owner or operator shall revise
                               ity.                                                       the closure cost estimate no later than
                                  (iii) The owner or operator shall in-                   30 days after the modification is ap-
                               clude in the estimate the current mar-                     proved. Any such revision shall also be
                               ket costs for off-site commercial dis-                     adjusted for inflation in accordance
                               posal of the facility’s maximum esti-                      with paragraph (f)(2) of this section.
                               mated inventory of PCB wastes, except                        (4) The owner or operator of the facil-
                               that on-site disposal costs may be used                    ity shall keep at the facility during its
                               if on-site disposal capacity will exist at                 operating life the most recent closure
                               the facility at all times over the life of                 cost estimate, including any adjust-
                               the PCB storage facility.                                  ments resulting from inflation or from
                                  (iv) The closure cost estimate may                      modifications to the closure plan.
                               not incorporate any salvage value that                       (g) Financial assurance for closure. A
                               may be realized with the sale of wastes,                   commercial storer of PCB waste shall
                               facility structures or equipment, land,                    establish financial assurance for clo-
                               or other assets associated with the fa-                    sure of each PCB storage facility that
                               cility at the time of closure.                             he owns or operates. In establishing fi-
                                  (2) During the active life of the PCB                   nancial assurance for closure, the com-
                               storage facility, the commercial storer                    mercial storer of PCB waste may
                               of PCB waste shall adjust annually for                     choose from the following financial as-
                               inflation the closure cost estimate                        surance mechanisms or any combina-
                               within 60 days prior to the anniversary                    tion of mechanisms:

                                                                                    598



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                               Environmental Protection Agency                                                                       § 761.65

                                 (1) The ‘‘closure trust fund,’’ as speci-                cost estimate still to be paid into the
                               fied in § 264.143(a) of this chapter, ex-                  trust fund shall be paid in over the
                               cept for paragraph (a)(3) of § 264.143. For                pay-in period as defined in paragraph
                               purposes of this paragraph, the fol-                       (g)(1)(i) of this section. Payments shall
                               lowing provisions also apply:                              continue to be made no later than 30
                                 (i) Payments into the trust fund shall                   days after each anniversary date of the
                               be made annually by the owner or oper-                     first payment made into the trust fund.
                               ator over the remaining operating life                     The amount of each payment shall be
                               of the facility as estimated in the clo-                   determined by subtracting the current
                               sure plan, or over 3 years, whichever                      value of the trust fund from the cur-
                               period is shorter. This period of time is                  rent closure cost estimate, and divid-
                               hereafter referred to as the ‘‘pay-in pe-                  ing this difference by the number of
                               riod.’’ For an existing facility, the first                years remaining in the pay-in period.
                               payment must be made within 30 cal-                           (iv) The submission of a trust agree-
                               endar days after EPA has notified the                      ment with the wording specified in
                               facility of its conditional approval. In-                  § 264.151(a)(1) of this chapter, including
                               terim approval to operate is canceled                      any reference to hazardous waste man-
                               and the application is denied if EPA                       agement facilities, shall be deemed to
                               does not receive verification that the                     be in compliance with the requirement
                               payment was made in that 30-day pe-                        to submit a trust agreement under this
                               riod.                                                      subpart.
                                 (ii) For a new facility, the first pay-                     (2) The ‘‘surety bond guaranteeing
                               ment into the closure trust fund shall                     payment into a closure trust fund,’’ as
                               be made before EPA grants final ap-                        specified in § 264.143(b) of this chapter,
                               proval of the application and before the                   including the use of the surety bond in-
                               facility may accept the initial ship-                      strument specified at § 264.151(b) of this
                               ment of PCB waste for commercial                           chapter and the standby trust specified
                               storage. A receipt from the trustee                        at § 264.143(b)(3) of this chapter. The use
                               shall be submitted by the owner or op-                     of the surety bonds, surety bond instru-
                               erator to the Regional Administrator                       ments, and standby trust agreements
                               (or the Director, National Programs                        specified in § § 264.143(b) and 264.151(b) of
                               Chemical Division, if the commercial                       this chapter shall be deemed to be in
                               storage area is ancillary to a disposal                    compliance with this subpart.
                               facility approved by the Director CMD)                        (3)(i) The ‘‘surety bond guaranteeing
                               before this initial delivery of PCB                        performance of closure,’’ as specified at
                               waste. The first payment shall be at                       § 264.143(c) of this chapter, except for
                               least equal to the current closure cost                    paragraph (c)(5) of § 264.143 of this chap-
                               estimate, divided by the number of                         ter. The submission and use of the sur-
                               years in the pay-in period, except as                      ety bond instrument specified at
                               provided in paragraph (g)(7) of this sec-                  § 264.151(c) of this chapter and the
                               tion for multiple mechanisms. Subse-                       standby trust specified at § 264.143(c)(3)
                               quent payments shall be made no later                      of this chapter shall be deemed to be in
                               than 30 days after each anniversary                        compliance with the requirements
                               date of the first payment. The amount                      under this subpart relating to the use
                               of each subsequent payment shall be                        of surety bonds and standby trust
                               determined by subtracting the current                      funds.
                               value of the trust fund from the cur-                         (ii) For the purposes of this para-
                               rent closure cost estimate, and divid-                     graph, and under the terms of the bond,
                               ing this difference by the number of                       the surety shall become liable on the
                               years remaining in 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.

                                                                                    599



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                               § 761.65                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (4)(i) The ‘‘closure letter of credit’’                    (7) The corporate guarantee as speci-
                               specified in § 264.143(d) of this chapter,                 fied in § 264.143(f)(10) of this chapter.
                               except for paragraph (d)(8). The sub-                         (8) The use of multiple financial
                               mission and use of the irrevocable let-                    mechanisms, as specified in § 264.143(g)
                               ter of credit instrument specified in                      of this chapter is permitted.
                               § 264.151(d) of this chapter and the                          (9) A modification to a facility stor-
                               standby trust specified in § 264.143(d)(3)                 ing PCB waste that increases the max-
                               of this chapter shall be deemed to be in                   imum storage capacity indicated in the
                               compliance with the requirements of                        permit requires that a new financial
                               this subpart relating to the use of let-                   assurance mechanism be established or
                               ters of credit and standby trust funds.                    an existing one be amended. When such
                                  (ii) For the purposes of this para-                     a modification occurs, the Director of
                               graph, the Regional Administrator (or                      the Federal or State issuing authority
                               the Director, National Programs Chem-                      must be notified in writing no later
                               ical Division, if the commercial stor-                     than 30 days from the completion of
                               age area is ancillary to a disposal facil-                 the modification. The new or revised fi-
                               ity approved by the Director, National                     nancial assurance mechanism must be
                               Programs Chemical Division) may                            established and activated no later than
                               draw on the letter of credit following a                   30 days after the Director of the Fed-
                               final     administrative    determination                  eral or State issuing authority is noti-
                               pursuant to section 16 of TSCA that                        fied of the completion of the modifica-
                               the owner or operator has failed to per-                   tion, but prior to the use of the modi-
                               form final closure in accordance with                      fied portion of the facility.
                               the closure plan and other approval or                        (h) Release of owner or operator. With-
                               regulatory requirements when required                      in 60 days after receiving certifications
                               to do so.                                                  from the owner or operator and an
                                  (5) ‘‘Closure insurance,’’ as specified                 independent registered professional en-
                               in § 264.143(e) of this chapter, utilizing                 gineer that final closure has been com-
                               the certificate of insurance for closure                   pleted in accordance with the approved
                               specified at § 264.151(e) of this chapter.                 closure plan, the Regional Adminis-
                               The use of closure insurance as speci-                     trator or the Director, National Pro-
                               fied in § 264.143(e) of this chapter and                   grams Chemical Division, if he ap-
                               the submission and use of the certifi-                     proved the closure plan, will notify the
                               cate      of   insurance    specified    in                owner or operator in writing that the
                               § 264.151(e) of this chapter shall be                      owner or operator is no longer required
                               deemed to be in compliance with the                        by this section to maintain financial
                               requirements of this subpart relating                      assurance for final closure of the facil-
                               to the use of closure insurance.                           ity, unless the Regional Administrator
                                  (6) The ‘‘financial test and corporate                  or the Director, National Programs
                               guarantee for closure,’’ as described in                   Chemical Division, if he approved the
                               § 264.143(f) of this chapter, including a                  closure plan, has reason to believe that
                               letter signed by the owner’s or opera-                     final closure has not been completed in
                               tor’s chief financial officer as specified                 accordance with the approved closure
                               at § 264.151(f) of this chapter and, if ap-                plan. The Regional Administrator or
                               plicable, the written corporate guar-                      the Director, National Programs Chem-
                               antee specified at § 264.151(h) of this                    ical Division, if he approved the clo-
                               chapter. The use of the financial test                     sure plan, shall provide the owner or
                               and corporate guarantee specified in                       operator with a detailed written state-
                               § 264.143(f) of this chapter, the submis-                  ment stating the reasons why he be-
                               sion and use of the letter specified in                    lieved closure was not conducted in ac-
                               § 264.151(f) of this chapter, and the sub-                 cordance with the approved closure
                               mission and use of the written cor-                        plan.
                               porate       guarantee     specified     at                   (i) Laboratories and samples. (1) A lab-
                               § 264.151(h) of this chapter shall be                      oratory is conditionally exempt from
                               deemed to be in compliance with the                        the notification and approval require-
                               requirements of this subpart relating                      ments for a commercial storer under
                               to the use of financial tests and cor-                     § 761.65 (d) through (h) when it stores
                               porate guarantees.                                         samples held for disposal in a facility

                                                                                    600



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                               Environmental Protection Agency                                                                       § 761.70

                               that complies with the standards in                        and (b), or return the sample to the
                               § 761.65 (b)(1)(i) through (b)(1)(iv).                     sample collector who must then prop-
                                  (2) A laboratory sample is exempt                       erly dispose of the sample. If the lab-
                               from the manifesting requirements in                       oratory returns the sample to the sam-
                               § 761.208 when:                                            ple collector, the laboratory must com-
                                  (i) The sample is being transported to                  ply with the shipping requirements set
                               a laboratory for the purpose of testing.                   forth in paragraph (i)(3)(i) through
                                  (ii) The sample is being transported                    (i)(3)(iii) of this section.
                               back to the sample collector after test-                      (j) Changes in ownership or operational
                               ing.                                                       control of a commercial storage facility.
                                  (iii) The sample is being stored by                     The date of transfer of interim status
                               the sample collector before transport                      or final approval shall be the date the
                               to a laboratory for testing.                               EPA Regional Administrator (or Direc-
                                  (iv) The sample is being stored in a                    tor, National Program Chemicals Divi-
                               laboratory before testing.                                 sion) provides written approval of the
                                  (v) The sample is being stored in a                     transfer. EPA will provide a final writ-
                               laboratory after testing but before it is                  ten decision within 90 days of receipt of
                               returned to the sample collector.                          the complete new or amended applica-
                                  (vi) The sample is being stored tem-                    tion. The Agency will approve the
                               porarily in the laboratory after testing                   transfer if the following conditions are
                               for a specific purpose (for example,                       met:
                               until conclusion of a court case or en-                       (1) The transferee has established fi-
                               forcement action where further testing                     nancial assurance for closure pursuant
                               of the sample may be necessary).                           to paragraph (g) of this section using a
                                  (3) In order to qualify for the exemp-                  mechanism effective as of the date of
                               tion in paragraph (i)(2)(i) and (i)(2)(ii)                 final approval so that there will be no
                               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]
                               does not leak, spill, or vaporize from
                               its packaging.                                             § 761.70 Incineration.
                                  (4) When the concentration of the                          This section applies to facilities used
                               PCB sample has been determined, and                        to incinerate PCBs required to be in-
                               its use is terminated, the sample must                     cinerated by this part.
                               be properly disposed. A laboratory                            (a) Liquid PCBs. An incinerator used
                               must either manifest the PCB waste to                      for incinerating PCBs shall be approved
                               a disposer or commercial storer, as re-                    by an EPA Regional Administrator or
                               quired under § 761.208, retain a copy of                   the Director, National Programs Chem-
                               each manifest, as required under                           ical Division pursuant to paragraph (d)
                               § 761.209, and follow up on exception re-                  of this section. Requests for approval
                               porting, as required under § 761.215 (a)                   of incinerators to be used in more than

                                                                                    601



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                               § 761.70                                                                40 CFR Ch. I (7–1–01 Edition)

                               one region must be submitted to the                          (ii) When an incinerator is first used
                               Director, National Programs Chemical                       for the disposal of PCBs after the incin-
                               Division, except for research and devel-                   erator has been modified in a manner
                               opment involving less than 500 pounds                      which may affect the characteristics of
                               of PCB material (see § 761.60(i)(2)). Re-                  the stack emission products; and
                               quests for approval of incinerators to                       (iii) At a minimum such monitoring
                               be used in only one region must be sub-                    shall be conducted for the following pa-
                               mitted to the appropriate Regional Ad-                     rameters:
                               ministrator. The incinerator shall                           (a) O2; (b) CO; (c) CO2; (d) Oxides of
                               meet all of the requirements specified                     Nitrogen (NOx); (e) Hydrochloric Acid
                               in paragraphs (a) (1) through (9) of this                  (HCl); (f) Total Chlorinated Organic
                               section, unless a waiver from these re-                    Content (RCl); (g) PCBs; and (h) Total
                               quirements is obtained pursuant to                         Particulate Matter.
                               paragraph (d)(5) of this section. In addi-
                                                                                            (7) At a minimum monitoring and re-
                               tion, the incinerator shall meet any
                                                                                          cording of combustion products and in-
                               other requirements which may be pre-
                                                                                          cineration operations shall be con-
                               scribed pursuant to paragraph (d)(4) of
                                                                                          ducted for the following parameters
                               this section.
                                 (1) Combustion criteria shall be ei-                     whenever the incinerator is incin-
                               ther of the following:                                     erating PCBs:
                                 (i) Maintenance of the introduced liq-                     (i) O2; (ii) CO; and (iii) CO2. The moni-
                               uids for a 2-second dwell time at 1200                     toring for O2 and CO shall be contin-
                               °C(±100 °C) and 3 percent excess oxygen                    uous. The monitoring for CO2 shall be
                               in the stack gas; or                                       periodic, at a frequency specified by
                                 (ii) Maintenance of the introduced                       the Regional Administrator or Direc-
                               liquids for a 11⁄2 second dwell time at                    tor, National Programs Chemical Divi-
                               1600 °C(±100 °C) and 2 percent excess ox-                  sion.
                               ygen in the stack gas.                                       (8) The flow of PCBs to the inciner-
                                 (2) Combustion efficiency shall be at                    ator shall stop automatically when any
                               least 99.9 percent computed as follows:                    one or more of the following conditions
                                                                                          occur, unless a contingency plan is sub-
                               Combustion efficiency=
                               [Cco2/(Cco2+Cco)]100
                                                                                          mitted by the incinerator owner or op-
                                                                                          erator and approved by the Regional
                               where                                                      Administrator or Director, National
                               Cco2=Concentration of carbon dioxide.                      Programs Chemical Division. The con-
                               Cco=Concentration of carbon monoxide.                      tingency plan indicates what alter-
                                                                                          native measures the incinerator owner
                                 (3) The rate and quantity of PCBs
                                                                                          or operator would take if any of the
                               which are fed to the combustion sys-
                                                                                          following conditions occur:
                               tem shall be measured and recorded at
                               regular intervals of no longer than 15                       (i) Failure of monitoring operations
                               minutes.                                                   specified in paragraph (a)(7) of this sec-
                                 (4) The temperatures of the inciner-                     tion;
                               ation process shall be continuously                          (ii) Failure of the PCB rate and quan-
                               measured and recorded. The combus-                         tity measuring and recording equip-
                               tion temperature of the incineration                       ment specified in paragraph (a)(3) of
                               process shall be based on either direct                    this section; or
                               (pyrometer) or indirect (wall thermo-                        (iii) Excess oxygen falls below the
                               couple-pyrometer correlation) tem-                         percentage specified in paragraph (a)(1)
                               perature readings.                                         of this section.
                                 (5) The flow of PCBs to the inciner-                       (9) Water scrubbers shall be used for
                               ator shall stop automatically whenever                     HCl control during PCB incineration
                               the combustion temperature drops                           and shall meet any performance re-
                               below the temperatures specified in                        quirements specified by the appro-
                               paragraph (a)(1) of this section.                          priate EPA Regional Administrator or
                                 (6) Monitoring of stack emission                         the Director, National Programs Chem-
                               products shall be conducted:                               ical Division. Scrubber effluent shall
                                 (i) When an incinerator is first used                    be monitored and shall comply with ap-
                               for the disposal of PCBs under the pro-                    plicable effluent or pretreatment
                               visions of this regulation;                                standards, and any other State and

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                               Environmental Protection Agency                                                                       § 761.70

                               Federal laws and regulations. An alter-                    fective in all ten EPA regions. Such ap-
                               nate method of HCl control may be                          proval shall be obtained in the fol-
                               used if the alternate method has been                      lowing manner:
                               approved by the Regional Adminis-                            (1) Application. The owner or operator
                               trator or the Director, National Pro-                      shall submit to the Regional Adminis-
                               grams Chemical Division. (The HCl                          trator or the Director, National Pro-
                               neutralizing capability of cement kilns                    grams Chemical Division an applica-
                               is considered to be an alternate meth-                     tion which contains:
                               od.)                                                         (i) The location of the incinerator;
                                  (b) Nonliquid PCBs. An incinerator                        (ii) A detailed description of the in-
                               used for incinerating nonliquid PCBs,                      cinerator including general site plans
                               PCB Articles, PCB Equipment, or PCB                        and design drawings of the incinerator;
                               Containers shall be approved by the ap-                      (iii) Engineering reports or other in-
                               propriate EPA Regional Administrator                       formation on the anticipated perform-
                               or the Director, National Programs                         ance of the incinerator;
                               Chemical Division pursuant to para-
                                                                                            (iv) Sampling and monitoring equip-
                               graph (d) of this section. Requests for
                                                                                          ment and facilities available;
                               approval of incinerators to be used in
                                                                                            (v) Waste volumes expected to be in-
                               more than one region must be sub-
                                                                                          cinerated;
                               mitted to the Director, National Pro-
                               grams Chemical Division except for re-                       (vi) Any local, State, or Federal per-
                               search and development involving less                      mits or approvals; and
                               than 500 pounds of PCB material (see                         (vii) Schedules and plans for com-
                               § 761.60(i)(2)). Requests for approval of                  plying with the approval requirements
                               incinerators to be used in only one re-                    of this regulation.
                               gion must be submitted to the appro-                         (2) Trial burn. (i) Following receipt of
                               priate Regional Administrator. The in-                     the application described in paragraph
                               cinerator shall meet all of the require-                   (d)(1) of this section, the Regional Ad-
                               ments specified in paragraphs (b)(1)                       ministrator or the Director, National
                               and (2) of this section unless a waiver                    Programs Chemical Division shall de-
                               from these requirements is obtained                        termine if a trial burn is required and
                               pursuant to paragraph (d)(5) of this sec-                  notify the person who submitted the
                               tion. In addition, the incinerator shall                   report whether a trial burn of PCBs
                               meet any other requirements that may                       and PCB Items must be conducted. The
                               be prescribed pursuant to paragraph                        Regional Administrator or the Direc-
                               (d)(4) of this section.                                    tor, National Programs Chemical Divi-
                                  (1) The mass air emissions from the                     sion may require the submission of any
                               incinerator shall be no greater than                       other information that the Regional
                               0.001g PCB/kg of the PCB introduced                        Administrator or the Director, Na-
                               into the incinerator.                                      tional Programs Chemical Division
                                  (2) The incinerator shall comply with                   finds to be reasonably necessary to de-
                               the provisions of paragraphs (a)(2), (3),                  termine the need for a trial burn. Such
                               (4), (6), (7), (8)(i) and (ii), and (9) of this            other information shall be restricted to
                               section.                                                   the types of information required in
                                  (c) Maintenance of data and records.                    paragraphs (d)(1)(i) through (vii) of this
                               All data and records required by this                      section.
                               section shall be maintained in accord-                       (ii) If the Regional Administrator or
                               ance with § 761.180, Records and moni-                     the Director, National Programs Chem-
                               toring.                                                    ical Division determines that a trial
                                  (d) Approval of incinerators. Prior to                  burn must be held, the person who sub-
                               the incineration of PCBs and PCB                           mitted the report described in para-
                               Items the owner or operator of an in-                      graph (d)(1) of this section shall submit
                               cinerator shall receive the written ap-                    to the Regional Administrator or the
                               proval of the Agency Regional Admin-                       Director, National Programs Chemical
                               istrator for the region in which the in-                   Division a detailed plan for conducting
                               cinerator is located, or the Director,                     and monitoring the trial burn. At a
                               National Programs Chemical Division.                       minimum, the plan must include:
                               Approval from the Director, National                         (A) Date trial burn is to be con-
                               Programs Chemical Division may be ef-                      ducted;

                                                                                    603



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                               § 761.70                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (B) Quantity and type of PCBs and                        Agency manual containing information on
                               PCB Items to be incinerated;                               sampling methods and analytical procedures
                                 (C) Parameters to be monitored and                       for the parameters required in § 761.70(a) (3),
                               location of sampling points;                               (4), (6), and (7) plus any other parameters he/
                                                                                          she may determine to be appropriate. Owners
                                 (D) Sampling frequency and methods
                                                                                          or operators are encouraged to review this
                               and schedules for sample analyses; and                     manual prior to submitting any report re-
                                 (E) Name, address, and qualifications                    quired in § 761.70.
                               of persons who will review analytical                        (4) Contents of approval. (i) Except as
                               results and other pertinent data, and                      provided in paragraph (d)(5) of this sec-
                               who will perform a technical evalua-                       tion, the Regional Administrator or
                               tion of the effectiveness of the trial
                                                                                          the Director, National Programs Chem-
                               burn.
                                                                                          ical Division may not approve an incin-
                                 (iii) Following receipt of the plan de-
                                                                                          erator for the disposal of PCBs and
                               scribed in paragraph (d)(2)(ii) of this
                                                                                          PCB Items unless he finds that the in-
                               section, the Regional Administrator or
                               the Director, National Programs Chem-                      cinerator meets all of the requirements
                               ical Division will approve the plan, re-                   of paragraphs (a) and/or (b) of this sec-
                               quire additions or modifications to the                    tion.
                               plan, or disapprove the plan. If the plan                    (ii) In addition to the requirements of
                               is disapproved, the Regional Adminis-                      paragraphs (a) and/or (b) of this sec-
                               trator or the Director, National Pro-                      tion, the Regional Administrator or
                               grams Chemical Division will notify                        the Director, National Programs Chem-
                               the person who submitted the plan of                       ical Division may include in an ap-
                               such disapproval, together with the                        proval any other requirements that the
                               reasons why it is disapproved. That                        Regional Administrator or the Direc-
                               person may thereafter submit a new                         tor, National Programs Chemical Divi-
                               plan in accordance with paragraph                          sion finds are necessary to ensure that
                               (d)(2)(ii) of this section. If the plan is                 operation of the incinerator does not
                               approved (with any additions or modi-                      present an unreasonable risk of injury
                               fications which the Regional Adminis-                      to health or the environment from
                               trator or the Director, National Pro-                      PCBs. Such requirements may include
                               grams Chemical Division may pre-                           a fixed period of time for which the ap-
                               scribe), the Regional Administrator or                     proval is valid.
                               the Director, National Programs Chem-                        (5) Waivers. An owner or operator of
                               ical Division will notify the person who                   the incinerator may submit evidence to
                               submitted the plan of the approval.                        the Regional Administrator or the Di-
                               Thereafter, the trial burn shall take                      rector, National Programs Chemical
                               place at a date and time to be agreed                      Division that operation of the inciner-
                               upon between the Regional Adminis-                         ator will not present an unreasonable
                               trator or the Director, National Pro-
                                                                                          risk of injury to health or the
                               grams Chemical Division and the per-
                                                                                          enviroment from PCBs, when one or
                               son who submitted the plan.
                                                                                          more of the requirements of paragraphs
                                 (3) Other information. In addition to
                                                                                          (a) and/or (b) of this section are not
                               the information contained in the re-
                                                                                          met. On the basis of such evidence and
                               port and plan described in paragraphs
                                                                                          any other available information, the
                               (d)(1) and (2) of this section, the Re-
                               gional Administrator or the Assistant                      Regional Administrator or the Direc-
                               Administrator for Prevention, Pes-                         tor, National Programs Chemical Divi-
                               ticides and Toxic Substances may re-                       sion may in his/her discretion find that
                               quire the owner or operator to submit                      any requirement of paragraphs (a) and
                               any other information that the Re-                         (b) of this section is not necessary to
                               gional Administrator or the Assistant                      protect against such a risk, and may
                               Administrator for Prevention, Pes-                         waive the requirements in any ap-
                               ticides and Toxic Substances finds to                      proval for that incinerator. Any find-
                               be reasonably necessary to determine                       ing and waiver under this paragraph
                               whether an incinerator shall be ap-                        must be stated in writing and included
                               proved.                                                    as part of the approval.
                                 NOTE: The Regional Administrator will                      (6) Persons approved. An approval will
                               have available for review and inspection an                designate the persons who own and who

                                                                                    604



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                               Environmental Protection Agency                                                                       § 761.71

                               are authorized to operate the inciner-                     centration in the stack is ≤100 ppm and
                               ator, and will apply only to such per-                     the excess oxygen is at least 3 percent
                               sons, except as provided in paragraph                      when PCBs are being burned.
                               (d)(8) of this section.                                      (iv) The mineral oil dielectric fluid
                                 (7) Final approval. Approval of an in-                   does not comprise more than 10 percent
                               cinerator will be in writing and signed                    (on a volume basis) of the total fuel
                               by the Regional Administrator or the                       feed rate.
                               Director, National Programs Chemical                         (v) The mineral oil dielectric fluid is
                               Division. The approval will state all re-                  not fed into the boiler unless the boiler
                               quirements applicable to the approved                      is operating at its normal operating
                               incinerator.                                               temperature (this prohibits feeding
                                 (8) Transfer of property. Any person                     these fluids during either start up or
                               who owns or operates an approved in-                       shut down operations).
                               cinerator must notify EPA at least 30                        (vi) The owner or operator of the
                               days before transferring ownership in                      boiler:
                               the incinerator or the property it                           (A)    Continuously      monitors   and
                               stands upon, or transferring the right                     records the carbon monoxide con-
                               to operate the incinerator. The trans-                     centration and excess oxygen percent-
                               feror must also submit to EPA, at least                    age in the stack gas while burning min-
                               30 days before such transfer, a nota-                      eral oil dielectric fluid; or
                               rized affidavit signed by the transferee                     (B) If the boiler will burn <30,000 gal-
                               which states that the transferee will                      lons of mineral oil dielectric fluid per
                               abide by the transferor’s EPA inciner-                     year, measures and records the carbon
                               ator approval. Within 30 days of receiv-                   monoxide concentration and excess ox-
                               ing such notification and affidavit,                       ygen percentage in the stack gas at
                               EPA will issue an amended approval                         regular intervals of no longer than 60
                               substituting the transferee’s name for                     minutes while burning mineral oil di-
                               the transferor’s name, or EPA may re-                      electric fluid.
                               quire the transferee to apply for a new                      (vii) The primary fuel feed rates,
                               incinerator approval. In the latter                        mineral oil dielectric fluid feed rates,
                               case, the transferee must abide by the                     and total quantities of both primary
                               transferor’s EPA approval until EPA                        fuel and mineral oil dielectric fluid fed
                               issues the new approval to the trans-                      to the boiler are measured and re-
                               feree.                                                     corded at regular intervals of no longer
                                                                                          than 15 minutes while burning mineral
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.          oil dielectric fluid.
                               2605)                                                        (viii) The carbon monoxide con-
                               [44 FR 31542, May 31, 1979. Redesignated at 47             centration and the excess oxygen per-
                               FR 19527, May 6, 1982, and amended at 48 FR                centage are checked at least once
                               13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984;          every hour that mineral oil dielectric
                               53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24,          fluid is burned. If either measurement
                               1993; 63 FR 35439, June 29, 1998]                          falls below the levels specified in this
                                                                                          section, the flow of mineral oil dielec-
                               § 761.71     High efficiency boilers.                      tric fluid to the boiler shall be stopped
                                 (a) To burn mineral oil dielectric                       immediately.
                               fluid containing a PCB concentration                         (2) Thirty days before any person
                               of ≥50 ppm, but <500 ppm:                                  burns mineral oil dielectric fluid in the
                                 (1) The boiler shall comply with the                     boiler, the person gives written notice
                               following criteria:                                        to the EPA Regional Administrator for
                                 (i) The boiler is rated at a minimum                     the EPA Region in which the boiler is
                               of 50 million BTU hours.                                   located and that the notice contains
                                 (ii) If the boiler uses natural gas or                   the following information:
                               oil as the primary fuel, the carbon                          (i) The name and address of the
                               monoxide concentration in the stack is                     owner or operator of the boiler and the
                               ≤50 ppm and the excess oxygen is at                        address of the boiler.
                               least 3 percent when PCBs are being                          (ii) The boiler rating in units of BTU/
                               burned.                                                    hour.
                                 (iii) If the boiler uses coal as the pri-                  (iii) The carbon monoxide concentra-
                               mary fuel, the carbon monoxide con-                        tion and the excess oxygen percentage

                                                                                    605



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                               § 761.71                                                                40 CFR Ch. I (7–1–01 Edition)

                               in the stack of the boiler when it is op-                  and excess oxygen percentage in the
                               erated in a manner similar to the man-                     stack gas while burning waste fluid; or
                               ner in which it will be operated when                        (B) If the boiler will burn <30,000 gal-
                               mineral oil dielectric fluid is burned.                    lons of waste fluid per year, measure
                                 (iv) The type of equipment, appa-                        and record the carbon monoxide con-
                               ratus, and procedures to be used to                        centration and excess oxygen percent-
                               control the feed of mineral oil dielec-                    age in the stack gas at regular inter-
                               tric fluid to the boiler and to monitor                    vals of no longer than 60 minutes while
                               and record the carbon monoxide con-                        burning waste fluid.
                               centration and excess oxygen percent-                        (vii) The primary fuel feed rate,
                               age in the stack.                                          waste fluid feed rate, and total quan-
                                 (3) When burning mineral oil dielec-                     tities of both primary fuel and waste
                               tric fluid, the boiler must operate at a                   fluid fed to the boiler must be meas-
                               level of output no less than the output                    ured and recorded at regular intervals
                               at which the measurements required                         of no longer than 15 minutes while
                               under paragraph (a)(2)(iii) of this sec-                   burning waste fluid.
                               tion were taken.                                             (viii) The carbon monoxide con-
                                 (4) Any person burning mineral oil di-                   centration and the excess oxygen per-
                               electric fluid in a boiler obtains the                     centage must be checked at least once
                               following information and retains the                      every hour that the waste is burned. If
                               information for 5 years at the boiler lo-                  either measurement falls below the
                               cation:                                                    levels specified in either (a)(1)(ii) or
                                 (i) The data required to be collected                    (a)(1)(iii) of this section, the flow of
                               under paragraphs (a)(1)(vi) and (vii) of                   waste to the boiler shall be stopped im-
                               this section.                                              mediately.
                                 (ii) The quantity of mineral oil di-                       (2) Prior to any person burning these
                               electric fluid burned in the boiler each                   liquids in the boiler, approval must be
                               month.                                                     obtained from the EPA Regional Ad-
                                 (b) To burn liquids, other than min-                     ministrator for the EPA Region in
                               eral oil dielectric fluid, containing a                    which the boiler is located and any per-
                               PCB concentration of ≥50 ppm, but <500                     sons seeking such approval must sub-
                               ppm:                                                       mit to the EPA Regional Adminis-
                                 (1) The boiler shall comply with the                     trator a request containing at least the
                               following criteria:                                        following information:
                                 (i) The boiler is rated at a minimum                       (i) The name and address of the
                               of 50 million BTU/hour.                                    owner or operator of the boiler and the
                                 (ii) If the boiler uses natural gas or                   address of the boiler.
                               oil as the primary fuel, the carbon                          (ii) The boiler rating in units of BTU/
                               monoxide concentration in the stack is                     hour.
                               ≤50 ppm and the excess oxygen is at                          (iii) The carbon monoxide concentra-
                               least 3 percent when PCBs are being                        tion and the excess oxygen percentage
                               burned.                                                    in the stack of the boiler when it is op-
                                 (iii) If the boiler uses coal as the pri-                erated in a manner similar to the man-
                               mary fuel, the carbon monoxide con-                        ner in which it will be operated when
                               centration in the stack is ≤100 ppm and                    low concentration PCB liquid is
                               the excess oxygen is at least 3 percent                    burned.
                               when PCBs are being burned.                                  (iv) The type of equipment, appa-
                                 (iv) The waste does not comprise                         ratus, and procedures to be used to
                               more than 10 percent (on a volume                          control the feed of mineral oil dielec-
                               basis) of the total fuel feed rate.                        tric fluid to the boiler and to monitor
                                 (v) The waste is not fed into the boil-                  and record the carbon monoxide con-
                               er unless the boiler is operating at its                   centration and excess oxygen percent-
                               normal operating temperature (this                         age in the stack.
                               prohibits feeding these fluids during ei-                    (v) The type of waste to be burned
                               ther start up or shut down operations).                    (e.g., hydraulic fluid, contaminated
                                 (vi) The owner or operator of the                        fuel oil, heat transfer fluid, etc.).
                               boiler must:                                                 (vi) The concentration of PCBs and of
                                 (A) Continuously monitor and record                      any other chlorinated hydrocarbon in
                               the carbon monoxide concentration                          the waste and the results of analyses

                                                                                    606



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                               Environmental Protection Agency                                                                       § 761.72

                               using the American Society of Testing                      § 761.72 Scrap metal recovery ovens
                               and Materials (ASTM) methods as fol-                            and smelters.
                               lows: Carbon and hydrogen content                             Any person may dispose of residual
                               using ASTM D-3178-84, nitrogen con-                        PCBs associated with PCB-Contami-
                               tent using ASTM E-258-67 (Reapproved                       nated articles regulated for disposal
                               1987), sulfur content using ASTM D-                        under § 761.60(b), metal surfaces in PCB
                               2784-89, ASTM D-1266-87, or ASTM D-                        remediation waste regulated under
                               129-64, chlorine content using ASTM D-                     § 761.61, or metal surfaces in PCB bulk
                               808-87, water and sediment content                         product       waste   regulated     under
                               using either ASTM D-2709-88 or ASTM                        §§ 761.62(a)(6) and 761.79(c)(6), from
                               D-1796-83 (Reapproved 1990), ash con-                      which all free-flowing liquids have been
                               tent using ASTM D-482-87, calorific                        removed:
                               value using ASTM D-240-87, carbon res-                        (a) In a scrap metal recovery oven:
                               idue using either ASTM D-2158-89 or                           (1) The oven shall have at least two
                               ASTM D-524-88, and flash point using                       enclosed (i.e., negative draft, no fugi-
                               ASTM D-93-90.                                              tive emissions) interconnected cham-
                                 (vii) The quantity of wastes esti-                       bers.
                               mated to be burned in a 30–day period.                        (2) The equipment with all free-flow-
                                 (viii) An explanation of the proce-                      ing liquid removed shall first be placed
                                                                                          in the primary chamber at room tem-
                               dures to be followed to ensure that
                                                                                          perature.
                               burning the waste will not adversely
                                                                                             (3) The primary chamber shall oper-
                               affect the operation of the boiler such
                                                                                          ate at a temperature between 537 °C
                               that combustion efficiency will de-
                                                                                          and 650 °C for a minimum of 21⁄2 hours
                               crease.
                                                                                          and reach a minimum temperature of
                                 (3) On the basis of the information in                   650 °C (1,202 °F) once during each heat-
                               paragraph (b)(2) of this section and any                   ing cycle or batch treatment of
                               other available information, the Re-                       unheated, liquid-free equipment.
                               gional Administrator may, at his/her                          (4) Heated gases from the primary
                               discretion, find that the alternate dis-                   chamber must feed directly into the
                               posal method will not present an un-                       secondary chamber (i.e., afterburner)
                               reasonable risk of injury to health or                     which must operate at a minimum
                               the environment and approve the use of                     temperature of 1,200 °C (2,192 °F) with
                               the boiler.                                                at least a 3 percent excess oxygen and
                                 (4) When burning PCB wastes, the                         a retention time of 2.0 seconds with a
                               boiler must operate at a level of output                   minimum combustion efficiency of 99.9
                               no less than the output at which the                       percent according to the definition in
                               measurements required under para-                          § 761.70(a)(2).
                               graph (b)(2)(iii) of this section were                        (5) Heating of the primary chamber
                               taken.                                                     shall not commence until the sec-
                                 (5) Any person burning liquids in                        ondary chamber has reached a tem-
                               boilers approved as provided in para-                      perature of 1,200 ± 100 °C (2,192 ° ± 180
                               graph (b)(3) of this section, must obtain                  °F).
                               the following information and retain                          (6) Continuous emissions monitors
                               the information for 5 years at the boil-                   and recorders for carbon dioxide, car-
                               er location:                                               bon monoxide, and excess oxygen in
                                 (i) The data required to be collected                    the secondary chamber and continuous
                               in paragraphs (b)(1)(vi) and (b)(1)(vii) of                temperature recorders in the primary
                               this section.                                              and secondary chambers shall be in-
                                 (ii) The quantity of low concentra-                      stalled and operated while the primary
                               tion PCB liquid burned in the boiler                       and secondary chambers are in oper-
                               each month.                                                ation to assure that the two chambers
                                 (iii) The analysis of the waste re-                      are within the operating parameters in
                               quired by paragraph (b)(2)(vi) of this                     paragraphs (a)(3) through (a)(5) of this
                               section taken once a month for each                        section.
                                                                                             (7) Emissions from the secondary
                               month during which low concentration
                                                                                          chamber must be vented through an ex-
                               PCB liquid is burned in the boiler.
                                                                                          haust gas stack in accordance with ei-
                               [63 FR 35454, June 29, 1998]                               ther:

                                                                                    607



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                               § 761.75                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (i) State or local air regulations or                      (3) In lieu of the requirements in
                               permits, or                                                paragraph (c)(1) of this section, upon
                                 (ii) The standards in paragraph (a)(8)                   written request by the owner or oper-
                               of this section.                                           ator of a scrap metal recovery oven or
                                 (8) Exhaust gas stack emissions shall                    smelter, the EPA Regional Adminis-
                               be for: particulates <0.015 grains/dry                     trator, for the Region where the oven
                               standard cubic foot, sulfur dioxide <35                    or smelter is located, may make a find-
                               parts per million by volume (ppmv), ni-                    ing in writing, based on a site-specific
                               trogen oxide <150 ppmv, carbon mon-                        risk assessment, that the oven or
                               oxide <35 ppmv, and hydrogen chloride                      smelter does not pose an unreasonable
                               <35 ppmv.                                                  risk of injury to health or the environ-
                                 (9) A measurement of the tempera-                        ment because it is operating in compli-
                               ture in the secondary chamber at the                       ance with the parameters and condi-
                               time the primary chamber starts heat-                      tions listed in paragraph (a) or (b) of
                               ing must be taken, recorded and re-                        this section even though the oven or
                               tained at the facility for 3 years from                    smelter does not have a RCRA or State
                               the date each charge is introduced into                    air permit as required by paragraph
                               the primary chamber.                                       (c)(1) of this section. The written re-
                                 (b) By smelting:                                         quest shall include a site-specific risk
                                                                                          assessment.
                                 (1) The operating temperature of the
                               hearth must be at least 1,000 °C at the                      (d) PCB liquids, other liquid waste
                               time it is charged with any PCB-Con-                       qualifying as waste oils which may be
                               taminated non-porous surface.                              used as provided for at § 761.20(e), or
                                                                                          PCB remediation waste, other than
                                 (2) Each charge containing a PCB-
                                                                                          PCB-Contaminated articles, may not
                               Contaminated item must be added into
                                                                                          be disposed of in a scrap metal recov-
                               molten metal or a hearth at ≥1,000 °C.
                                                                                          ery oven or smelter unless approved or
                                 (3) Successive charges may not be in-
                                                                                          otherwise allowed under subpart D of
                               troduced into the hearth in less than
                                                                                          this part.
                               15–minute intervals.
                                 (4) The smelter must operate in com-                     [63 FR 35455, June 29, 1998, as amended at 64
                               pliance with any applicable emissions                      FR 33761, June 24, 1999]
                               standards in part 60 of this chapter.
                                 (5) The smelter must have an oper-                       § 761.75    Chemical waste landfills.
                               ational device which accurately meas-                         This section applies to facilities used
                               ures directly or indirectly, the tem-                      to dispose of PCBs in accordance with
                               perature in the hearth.                                    the part.
                                 (6) Take, record and retain at the dis-                     (a) General. A chemical waste landfill
                               posal facility for 3 years from the date                   used for the disposal of PCBs and PCB
                               each charge is introduced, a reading of                    Items shall be approved by the Agency
                               the temperature in the hearth at the                       Regional Administrator pursuant to
                               time it is charged with a non-porous                       paragraph (c) of this section. The land-
                               surface item.                                              fill shall meet all of the requirements
                                 (c)(1) Scrap metal recovery ovens and                    specified in paragraph (b) of this sec-
                               smelters must either have a final per-                     tion, unless a waiver from these re-
                               mit under RCRA (part 266, subpart H of                     quirements is obtained pursuant to
                               this chapter and § 270.66 of this chapter)                 paragraph (c)(4) of this section. In addi-
                               or be operating under a valid State air                    tion, the landfill shall meet any other
                               emissions permit which includes a                          requirements that may be prescribed
                               standard for PCBs.                                         pursuant to paragraph (c)(3) of this sec-
                                 (2) Scrap metal recovery ovens and                       tion.
                               smelters disposing of PCBs must pro-                          (b) Technical requirements. Require-
                               vide notification as disposers of PCBs,                    ments for chemical waste landfills used
                               are not required to submit annual re-                      for the disposal of PCBs and PCB Items
                               ports, and shall otherwise comply with                     are as follows:
                               all applicable provisions of subparts J                       (1) Soils. The landfill site shall be lo-
                               and K of this part, as well as other ap-                   cated in thick, relatively impermeable
                               plicable Federal, State, and local laws                    formations such as large-area clay
                               and regulations.                                           pans. Where this is not possible, the

                                                                                    608



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                               Environmental Protection Agency                                                                       § 761.75

                               soil shall have a high clay and silt con-                     (6) Monitoring systems—(i) Water sam-
                               tent with the following parameters:                        pling. (A) For all sites receiving PCBs,
                                  (i) In-place soil thickness, 4 feet or                  the ground and surface water from the
                               compacted soil liner thickness, 3 feet;                    disposal site area shall be sampled
                                  (ii) Permeability (cm/sec), equal to or                 prior to commencing operations under
                               less than 1×10¥7;                                          an approval provided in paragraph (c)
                                  (iii) Percent soil passing No. 200                      of this section for use as baseline data.
                               Sieve, >30;                                                   (B) Any surface watercourse des-
                                  (iv) Liquid Limit, >30; and                             ignated by the Regional Administrator
                                  (v) Plasticity Index >15.                               using the authority provided in para-
                                  (2) Synthetic membrane liners. Syn-                     graph (c)(3)(ii) of this section shall be
                               thetic membrane liners shall be used                       sampled at least monthly when the
                               when, in the judgment of the Regional                      landfill is being used for disposal oper-
                               Administrator, the hydrologic or geo-                      ations.
                               logic conditions at the landfill require                      (C) Any surface watercourse des-
                               such a liner in order to provide at least                  ignated by the Regional Administrator
                               a permeability equivalent to the soils                     using the authority provided in para-
                               in paragraph (b)(1) of this section.                       graph (c)(3)(ii) of this section shall be
                               Whenever a synthetic liner is used at a                    sampled for a time period specified by
                               landfill site, special precautions shall                   the Regional Administrator on a fre-
                               be taken to insure that its integrity is                   quency of no less than once every six
                               maintained and that it is chemically                       months after final closure of the dis-
                               compatible with PCBs. Adequate soil                        posal area.
                               underlining and soil cover shall be pro-                      (ii) Groundwater monitor wells. (A) If
                               vided to prevent excessive stress on the                   underlying earth materials are homog-
                               liner and to prevent rupture of the                        enous, impermeable, and uniformly
                               liner. The liner must have a minimum                       sloping in one direction, only three
                               thickness of 30 mils.                                      sampling points shall be necessary.
                                  (3) Hydrologic conditions. The bottom                   These three points shall be equally
                               of the landfill shall be above the histor-                 spaced on a line through the center of
                               ical high groundwater table as provided                    the disposal area and extending from
                               below. Floodplains, shorelands, and                        the area of highest water table ele-
                               groundwater recharge areas shall be                        vation to the area of the lowest water
                               avoided. There shall be no hydraulic                       table elevation on the property.
                               connection between the site and stand-                        (B) All monitor wells shall be cased
                               ing or flowing surface water. The site                     and the annular space between the
                               shall have monitoring wells and leach-                     monitor zone (zone of saturation) and
                               ate collection. The bottom of the land-                    the surface shall be completely
                               fill liner system or natural in-place                      backfilled with Portland cement or an
                               soil barrier shall be at least fifty feet                  equivalent material and plugged with
                               from the historical high water table.                      Portland cement to effectively prevent
                                  (4) Flood protection. (i) If the landfill               percolation of surface water into the
                               site is below the 100-year floodwater                      well bore. The well opening at the sur-
                               elevation, the operator shall provide                      face shall have a removable cap to pro-
                               surface water diversion dikes around                       vide access and to prevent entrance of
                               the perimeter of the landfill site with a                  rainfall or stormwater runoff. The well
                               minimum height equal to two feet                           shall be pumped to remove the volume
                               above the 100-year floodwater ele-                         of liquid initially contained in the well
                               vation.                                                    before obtaining a sample for analysis.
                                  (ii) If the landfill site is above the                  The discharge shall be treated to meet
                               100-year floodwater elevation, the oper-                   applicable State or Federal discharge
                               ators shall provide diversion structures                   standards or recycled to the chemical
                               capable of diverting all of the surface                    waste landfill.
                               water runoff from a 24-hour, 25-year                          (iii) Water analysis. As a minimum,
                               storm.                                                     all samples shall be analyzed for the
                                  (5) Topography. The landfill site shall                 following parameters, and all data and
                               be located in an area of low to mod-                       records of the sampling and analysis
                               erate relief to minimize erosion and to                    shall be maintained as required in
                               help prevent landslides or slumping.                       § 761.180(d)(1). Sampling methods and

                                                                                    609



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                               § 761.75                                                                40 CFR Ch. I (7–1–01 Edition)

                               analytical procedures for these param-                     vent damage to containers or articles.
                               eters shall comply with those specified                    Other wastes placed in the landfill that
                               in 40 CFR part 136 as amended in 41 FR                     are not chemically compatible with
                               52779 on December 1, 1976.                                 PCBs and PCB Items including organic
                                  (A) PCBs.                                               solvents shall be segregated from the
                                  (B) pH.                                                 PCBs throughout the waste handling
                                  (C) Specific conductance.                               and disposal process.
                                  (D) Chlorinated organics.                                 (ii) An operation plan shall be devel-
                                  (7) Leachate collection. A leachate col-                oped and submitted to the Regional
                               lection monitoring system shall be in-                     Administrator for approval as required
                               stalled above the chemical waste land-                     in paragraph (c) of this section. This
                               fill. Leachate collection systems shall                    plan shall include detailed expla-
                               be monitored monthly for quantity and                      nations of the procedures to be used for
                               physicochemical       characteristics     of               recordkeeping, surface water handling
                               leachate produced. The leachate should                     procedures, excavation and backfilling,
                               be either treated to acceptable limits                     waste segregation burial coordinates,
                               for discharge in accordance with a                         vehicle and equipment movement, use
                               State or Federal permit or disposed of                     of roadways, leachate collection sys-
                               by another State or Federally approved                     tems, sampling and monitoring proce-
                               method. Water analysis shall be con-                       dures, monitoring wells, environmental
                               ducted as provided in paragraph                            emergency contingency plans, and se-
                               (b)(6)(iii) of this section. Acceptable                    curity measures to protect against
                               leachate monitoring/collection systems                     vandalism and unauthorized waste
                               shall be any of the following designs,                     placements. EPA guidelines entitled
                               unless a waiver is obtained pursuant to                    ‘‘Thermal Processing and Land Dis-
                               paragraph (c)(4) of this section.                          posal of Solid Waste’’ (39 FR 29337, Aug.
                                  (i) Simple leachate collection. This sys-               14, 1974) are a useful reference in prepa-
                               tem consists of a gravity flow                             ration of this plan. If the facility is to
                               drainfield installed above the waste                       be used to dispose of liquid wastes con-
                               disposal unit liner. This design is rec-                   taining between 50 ppm and 500 ppm
                               ommended for use when semi-solid or                        PCB, the operations plan must include
                               leachable solid wastes are placed in a                     procedures to determine that liquid
                               lined pit excavated into a relatively                      PCBs to be disposed of at the landfill
                               thick, unsaturated, homogenous layer                       do not exceed 500 ppm PCB and meas-
                               of low permeability soil.                                  ures to prevent the migration of PCBs
                                  (ii) Compound leachate collection. This                 from the landfill. Bulk liquids not ex-
                               system consists of a gravity flow                          ceeding 500 ppm PCBs may be disposed
                               drainfield installed above the waste                       of provided such waste is pretreated
                               disposal unit liner and above a sec-                       and/or stabilized (e.g., chemically
                               ondary installed liner. This design is                     fixed, evaporated, mixed with dry inert
                               recommended for use when semi-liquid                       absorbant) to reduce its liquid content
                               or leachable solid wastes are placed in                    or increase its solid content so that a
                               a lined pit excavated into relatively                      non-flowing consistency is achieved to
                               permeable soil.                                            eliminate the presence of free liquids
                                  (iii) Suction lysimeters. This system                   prior to final disposal in a landfill. PCB
                               consists of a network of porous ceramic                    Container of liquid PCBs with a con-
                               cups connected by hoses/tubing to a                        centration between 50 and 500 ppm PCB
                               vacuum pump. The porous ceramic                            may be disposed of if each container is
                               cups or suction lysimeters are installed                   surrounded by an amount of inert
                               along the sides and under the bottom                       sorbant material capable of absorbing
                               of the waste disposal unit liner. This                     all of the liquid contents of the con-
                               type of system works best when in-                         tainer.
                               stalled in a relatively permeable un-                        (iii) Ignitable wastes shall not be dis-
                               saturated soil immediately adjacent to                     posed of in chemical waste landfills.
                               the bottom and/or sides of the disposal                    Liquid ignitable wastes are wastes that
                               facility.                                                  have a flash point less than 60 degrees
                                  (8) Chemical waste landfill operations.                 C (140 degrees F) as determined by the
                               (i) PCBs and PCB Items shall be placed                     following method or an equivalent
                               in a landfill in a manner that will pre-                   method: Flash point of liquids shall be

                                                                                    610



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                               Environmental Protection Agency                                                                       § 761.75

                               determined by a Pensky-Martens                               (vii) Landfill operations plan as re-
                               Closed Cup Tester, using the protocol                      quired in paragraph (b) of this section;
                               specified in ASTM D 93–90, or the                            (viii) Any local, State, or Federal
                               Setaflash Closed Tester using the pro-                     permits or approvals; and
                               tocol specified in ASTM Standard D–                          (ix) Any schedules or plans for com-
                               3278–89.                                                   plying with the approval requirements
                                 (iv) Records shall be maintained for                     of these regulations.
                               all PCB disposal operations and shall                        (2) Other information. In addition to
                               include information on the PCB con-                        the information contained in the re-
                               centration in liquid wastes and the                        port described in paragraph (c)(1) of
                               three dimensional burial coordinates                       this section, the Regional Adminis-
                               for PCBs and PCB Items. Additional                         trator may require the owner or oper-
                               records shall be developed and main-                       ator to submit any other information
                               tained as required in § 761.180.                           that the Regional Administrator finds
                                 (9) Supporting facilities. (i) A six foot                to be reasonably necessary to deter-
                               woven mesh fence, wall, or similar de-                     mine whether a chemical waste landfill
                               vice shall be placed around the site to                    should be approved. Such other infor-
                               prevent unauthorized persons and ani-                      mation shall be restricted to the types
                               mals from entering.                                        of information required in paragraphs
                                 (ii) Roads shall be maintained to and                    (c)(1) (i) through (ix) of this section.
                               within the site which are adequate to                        (3) Contents of approval. (i) Except as
                               support the operation and maintenance                      provided in paragraph (c)(4) of this sec-
                               of the site without causing safety or                      tion the Regional Administrator may
                               nuisance problems or hazardous condi-                      not approve a chemical waste landfill
                               tions.                                                     for the disposal of PCBs and PCB
                                                                                          Items, unless he finds that the landfill
                                 (iii) The site shall be operated and
                                                                                          meets all of the requirements of para-
                               maintained in a manner to prevent
                                                                                          graph (b) of this section.
                               safety problems or hazardous condi-
                                                                                            (ii) In addition to the requirements of
                               tions resulting from spilled liquids and
                                                                                          paragraph (b) of this section, the Re-
                               windblown materials.
                                                                                          gional Administrator may include in
                                 (c) Approval of chemical waste landfills.                an approval any other requirements or
                               Prior to the disposal of any PCBs and                      provisions that the Regional Adminis-
                               PCB Items in a chemical waste landfill,                    trator finds are necessary to ensure
                               the owner or operator of the landfill                      that operation of the chemical waste
                               shall receive written approval of the                      landfill does not present an unreason-
                               Agency Regional Administrator for the                      able risk of injury to health or the en-
                               Region in which the landfill is located.                   vironment from PCBs. Such provisions
                               The approval shall be obtained in the                      may include a fixed period of time for
                               following manner:                                          which the approval is valid.
                                 (1) Initial report. The owner or oper-
                                                                                          The approval may also include a stipu-
                               ator shall submit to the Regional Ad-
                                                                                          lation that the operator of the chem-
                               ministrator an initial report which
                                                                                          ical waste landfill report to the Re-
                               contains:
                                                                                          gional Administrator any instance
                                 (i) The location of the landfill;                        when PCBs are detectable during moni-
                                 (ii) A detailed description of the                       toring activities conducted pursuant to
                               landfill including general site plans                      paragraph (b)(6) of this section.
                               and design drawings;                                         (4) Waivers. An owner or operator of a
                                 (iii) An engineering report describing                   chemical waste landfill may submit
                               the manner is which the landfill com-                      evidence to the Regional Adminis-
                               plies with the requirements for chem-                      trator that operation of the landfill
                               ical waste landfills specified in para-                    will not present an unreasonable risk
                               graph (b) of this section;                                 of injury to health or the environment
                                 (iv) Sampling and monitoring equip-                      from PCBs when one or more of the re-
                               ment and facilities available;                             quirements of paragraph (b) of this sec-
                                 (v) Expected waste volumes of PCBs;                      tion are not met. On the basis of such
                                 (vi) General description of waste ma-                    evidence and any other available infor-
                               terials other than PCBs that are ex-                       mation, the Regional Administrator
                               pected to be disposed of in the landfill;                  may in his discretion find that one or

                                                                                    611



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                               § 761.77                                                                40 CFR Ch. I (7–1–01 Edition)

                               more of the requirements of paragraph                      scribed in paragraphs (b) and (c) of this
                               (b) of this section is not necessary to                    section is located may issue a TSCA
                               protect against such a risk and may                        PCB Coordinated Approval to the per-
                               waive the requirements in any ap-                          sons described in those paragraphs if
                               proval for that landfill. Any finding                      the conditions listed in this section are
                               and waiver under this paragraph will                       met. A TSCA PCB Coordinated Ap-
                               be stated in writing and included as                       proval will designate the persons who
                               part of the approval.                                      own and who are authorized to operate
                                 (5) Persons approved. Any approval                       the facilities described in paragraphs
                               will designate the persons who own and                     (b) and (c) of this section and will apply
                               who are authorized to operate the                          only to such persons. All requirements,
                               chemical waste landfill, and will apply                    conditions, and limitations of any
                               only to such persons, except as pro-                       other permit or waste management
                               vided by paragraph (c)(7) of this sec-                     document cited or described in para-
                               tion.
                                                                                          graphs (b) and (c) of this section, as the
                                 (6) Final approval. Approval of a
                                                                                          technical or legal basis on which the
                               chemical waste landfill will be in writ-
                               ing and will be signed by the Regional                     TSCA PCB Coordinated Approval is
                               Administrator. The approval will state                     issued, are conditions of the TSCA PCB
                               all requirements applicable to the ap-                     Coordinated Approval.
                               proved landfill.                                             (1) Persons seeking a TSCA PCB Co-
                                 (7) Transfer of property. Any person                     ordinated Approval shall submit a re-
                               who owns or operates an approved                           quest for approval by certified mail, to
                               chemical waste landfill must notify                        the EPA Regional Administrator for
                               EPA at least 30 days before transfer-                      the Region in which the activity will
                               ring ownership in the property or                          take place. Persons seeking a TSCA
                               transferring the right to conduct the                      PCB Coordinated Approval for a new
                               chemical waste landfill operation. The                     PCB activity shall submit the request
                               transferor must also submit to EPA, at                     for approval at the same time they
                               least 30 days before such transfer, a no-                  seek a permit, approval, or other ac-
                               tarized affidavit signed by the trans-                     tion for a PCB waste management ac-
                               feree which states that the transferee                     tivity under any other Federal or State
                               will abide by the transferor’s EPA                         authority.
                               chemical waste landfill approval. With-                      (i) The request for a TSCA PCB Co-
                               in 30 days of receiving such notifica-                     ordinated Approval shall include a
                               tion and affidavit, EPA will issue an                      copy of the letter from EPA announc-
                               amended approval substituting the                          ing or confirming the EPA identifica-
                               transferee’s name for the transferor’s                     tion number issued to the facility for
                               name, or EPA may require the trans-                        conducting PCB activities; the name,
                               feree to apply for a new chemical waste                    organization, and telephone number of
                               landfill approval. In the latter case, the                 the person who is the contact point for
                               transferee must abide by the trans-                        the non-TSCA Federal or State waste
                               feror’s EPA approval until EPA issues                      management authority; a copy of the
                               the new approval to the transferee.                        relevant permit or waste management
                                                                                          document specified in paragraphs (b)
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               2605)                                                      and (c) of this section, including all re-
                                                                                          quirements, conditions, and limita-
                               [44 FR 31542, May 31, 1979. Redesignated at 47             tions, if the EPA Regional Adminis-
                               FR 19527, May 6, 1982, and amended at 48 FR
                               5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53
                                                                                          trator does not have a copy of the doc-
                               FR 12524, Apr. 15, 1988; 53 FR 21641, June 9,              ument, or a description of the waste
                               1988; 57 FR 13323, Apr. 16, 1992; 63 FR 35456,             management activities to be conducted
                               June 29, 1998]                                             if a permit or other relevant waste
                                                                                          management document has not been
                               § 761.77 Coordinated approval.                             issued; and a certification that the per-
                                  (a) General requirements. Notwith-                      son who owns or operates the facility is
                               standing any other provision of this                       aware of and will adhere to the TSCA
                               part, the EPA Regional Administrator                       PCB reporting and recordkeeping re-
                               for the Region in which a PCB disposal                     quirements at subparts J and K of this
                               or PCB commercial storage facility de-                     part.

                                                                                    612



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                               Environmental Protection Agency                                                                       § 761.77

                                 (ii) The EPA Regional Administrator                        (3) Any person with a TSCA PCB Co-
                               shall review the request for complete-                     ordinated Approval must notify the
                               ness, for compliance with the require-                     EPA Regional Administrator in writ-
                               ments of paragraphs (b) and (c) of this                    ing within 5 calendar days of changes
                               section, and to ensure that the PCB ac-                    relating to PCB waste requirements in
                               tivity for which approval is requested                     the non-TSCA waste management doc-
                               will not present an unreasonable risk                      ument which serves as the basis for a
                               of injury to health or the environment.                    TSCA PCB Coordinated Approval.
                               The EPA Regional Administrator shall                       Changes in the ownership of a commer-
                               either:                                                    cial storage facility which holds a
                                 (A) Issue a written notice of defi-                      TSCA PCB Coordinated Approval shall
                               ciency explaining why the request for                      be handled pursuant to § 761.65(j).
                               approval is deficient. If appropriate,                       (b) Any person who owns or operates
                               the EPA Regional Administrator may                         a facility that he or she intends to use
                               either:                                                    to landfill PCB wastes; incinerate PCB
                                 (1) Request additional information to                    wastes; dispose of PCB wastes using an
                               cure the deficiency.                                       alternative disposal method that is
                                 (2) Deny the request for a TSCA PCB                      equivalent to disposal in an incinerator
                               Coordinated Approval.                                      approved under § 761.70 or a high effi-
                                 (B) Issue a letter granting or denying                   ciency boiler operating in compliance
                               the TSCA PCB Coordinated Approval.                         with § 761.71; or stores PCB wastes may
                               If the EPA Regional Administrator                          apply for a TSCA PCB Coordinated Ap-
                               grants the TSCA PCB Coordinated Ap-                        proval. The EPA Regional Adminis-
                               proval, he or she may acknowledge the                      trator may approve the request if the
                               non-TSCA approval meets the regu-                          EPA Regional Administrator deter-
                               latory requirements under TSCA as                          mines that the activity will not pose
                               written, or require additional condi-                      an unreasonable risk of injury to
                               tions the EPA Regional Administrator                       health or the environment and the per-
                               has determined are necessary to pre-                       son:
                               vent unreasonable risk of injury to
                                                                                            (1)(i) Has a waste management per-
                               health or the environment.
                                                                                          mit or other decision or enforcement
                                 (C) If the EPA Regional Adminis-
                                                                                          document which exercises control over
                               trator denies a request for a Coordi-
                                                                                          PCB wastes, issued by EPA or an au-
                               nated Approval under paragraphs
                                                                                          thorized State Director for a State pro-
                               (a)(1)(ii)(A) or (a)(1)(ii)(B) of this sec-
                                                                                          gram that has been approved by EPA
                               tion, the person who requested the
                                                                                          and is no less stringent in protection of
                               TSCA PCB Coordinated Approval may
                                                                                          health or the environment than the ap-
                               submit an application for a TSCA Dis-
                               posal Approval.                                            plicable TSCA requirements found in
                                 (2) The EPA Regional Administrator                       this part; or
                               may issue a notice of deficiency, re-                        (ii) Has a PCB waste management
                               voke the TSCA PCB Coordinated Ap-                          permit or other decision or enforce-
                               proval, require the person to whom the                     ment document issued by a State Di-
                               TSCA PCB Coordinated Approval was                          rector pursuant to a State PCB waste
                               issued to submit an application for a                      management program no less stringent
                               TSCA PCB approval, or bring an en-                         in protection of health or the environ-
                               forcement action under TSCA if he or                       ment than the applicable TSCA re-
                               she determines that:                                       quirements found in this part; or
                                 (i) Conditions of the approval relat-                      (iii) Is subject to a waste manage-
                               ing to PCB waste management activi-                        ment permit or other decision or en-
                               ties are not met.                                          forcement document which is applica-
                                 (ii) The PCB waste management                            ble to the disposal of PCBs and which
                               process is being operated in a manner                      was issued through the promulgation
                               which may result in an unreasonable                        of a regulation published in Title 40 of
                               risk of injury to health or the environ-                   the Code of Federal Regulations.
                               ment.                                                        (2) Complies with the terms and con-
                                 (iii) The non-TSCA approval expires,                     ditions of the permit or other decision
                               is revoked, is suspended, or otherwise                     or enforcement document described in
                               ceases to be in full effect.                               paragraph (b)(1) of this section.

                                                                                    613



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                               § 761.79                                                                40 CFR Ch. I (7–1–01 Edition)

                                  (3) Unless otherwise waived or modi-                       (1) Decontamination in accordance
                               fied in writing by the EPA Regional                        with this section does not require a dis-
                               Administrator,          complies     with                  posal approval under subpart D of this
                               § 761.75(b); § 761.70(a)(1) through (a)(9),                part.
                               (b)(1) and (b)(2), and (c); or the PCB                        (2) Materials from which PCBs have
                               storage requirements at §§ 761.65(a), (c),                 been removed by decontamination in
                               and (d)(2), as appropriate.                                accordance with this section may be
                                  (4) Complies with the reporting and                     distributed in commerce in accordance
                               recordkeeping requirements in sub-                         with § 761.20(c)(5).
                               parts J and K of this part.                                   (3) Materials from which PCBs have
                                  (c) A person conducting research and                    been removed by decontamination in
                               development (R&D) into PCB disposal                        accordance with this section may be
                               methods (regardless of PCB concentra-                      used or reused in accordance with
                               tion), or conducting PCB remediation
                                                                                          § 761.30(u).
                               activities may apply for a TSCA PCB
                               Coordinated Approval. The EPA Re-                             (4) Materials from which PCBs have
                               gional Administrator may approve the                       been removed by decontamination in
                               request if the EPA Regional Adminis-                       accordance with this section, not in-
                               trator determines that the activity                        cluding decontamination waste and re-
                               will not pose an unreasonable risk of                      siduals under paragraph (g) of this sec-
                               injury to health or the environment                        tion, are unregulated for disposal under
                               and the person:                                            subpart D of this part.
                                  (1)(i) Has a permit or other decision                      (5) Any person decontaminating po-
                               and enforcement document issued or                         rous surfaces other than concrete
                               otherwise agreed to by EPA, or permit                      under paragraph (b)(4) of this section
                               or other decision and enforcement doc-                     and non-porous surfaces covered with a
                               ument issued by an authorized State                        porous surface, such as paint or coat-
                               Director for a State program that has                      ing on metal, under paragraph (b)(3) or
                               been approved by EPA, which exercises                      (c)(6) of this section must obtain an al-
                               control over the management of PCB                         ternative decontamination approval in
                               wastes, and that person is in compli-                      accordance with paragraph (h) of this
                               ance with all terms and conditions of                      section.
                               that document; or                                             (6) Any person engaging in decon-
                                  (ii) Has a permit, which exercises                      tamination under this section is re-
                               control over the management of PCB                         sponsible for determining and com-
                               wastes, issued by a State Director pur-                    plying with all other applicable Fed-
                               suant to a State PCB disposal program                      eral, State, and local laws and regula-
                               no less stringent than the require-                        tions.
                               ments in this part.                                           (b) Decontamination standards. Chop-
                                  (2) Complies with the terms and con-                    ping (including wire chopping), dis-
                               ditions of that permit or other decision                   tilling, filtering, oil/water separation,
                               and enforcement document.                                  spraying, soaking, wiping, stripping of
                                  (3) Complies with the reporting and                     insulation, scraping, scarification or
                               recordkeeping requirements in sub-                         the use of abrasives or solvents may be
                               parts J and K of this part.                                used to remove or separate PCBs, to
                               [63 FR 35456, June 29, 1998]                               the following standards, from liquids,
                                                                                          concrete, or non-porous surfaces.
                               § 761.79 Decontamination        standards                     (1) The decontamination standard for
                                    and procedures.                                       water containing PCBs is:
                                  (a) Applicability. This section estab-                     (i) Less than 200 µg/L (i.e., <200 ppb
                               lishes decontamination standards and                       PCBs) for non-contact use in a closed
                               procedures for removing PCBs, which                        system where there are no releases;
                               are regulated for disposal, from water,                       (ii) For water discharged to a treat-
                               organic liquids, non-porous surfaces                       ment works (as defined in § 503.9(aa) of
                               (including scrap metal from disassem-                      this chapter) or to navigable waters, <3
                               bled electrical equipment), concrete,                      µg/L (approximately <3 ppb) or a PCB
                               and non-porous surfaces covered with a                     discharge limit included in a permit
                               porous surface, such as paint or coat-                     issued under section 307(b) or 402 of the
                               ing on metal.                                              Clean Water Act; or

                                                                                    614



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                               Environmental Protection Agency                                                                       § 761.79

                                  (iii) Less than or equal to 0.5 µg/L                    spill of PCBs to the concrete or portion
                               (i.e., approximately ≤0.5 ppb PCBs) for                    thereof being decontaminated.
                               unrestricted use.                                            (c) Self-implementing decontamination
                                  (2) The decontamination standard for                    procedures. The following self-imple-
                               organic liquids and non-aqueous inor-                      menting decontamination procedures
                               ganic liquids containing PCBs is <2                        are available as an alternative to the
                               milligrams per kilogram (i.e., <2 ppm                      measurement-based       decontamination
                               PCBs).                                                     methods specified in paragraph (b) of
                                  (3) The decontamination standard for                    this section. Any person performing
                               non-porous surfaces in contact with                        self-implementing       decontamination
                               liquid and non-liquid PCBs is:                             must comply with one of the following
                                  (i) For unrestricted use:                               procedures.
                                  (A) For non-porous surfaces pre-                          (1) Any person decontaminating a
                               viously in contact with liquid PCBs at                     PCB Container must do so by flushing
                               any concentration, where no free-flow-                     the internal surfaces of the container
                               ing liquids are currently present, ≤10                     three times with a solvent containing
                               micrograms PCBs per 100 square centi-                      <50 ppm PCBs. Each rinse shall use a
                               meters (≤10 µg/100 cm2) as measured by                     volume of the flushing solvent equal to
                               a standard wipe test (§ 761.123) at loca-                  approximately 10 percent of the PCB
                               tions selected in accordance with sub-                     Container capacity.
                               part P of this part.                                         (2) Any person decontaminating mov-
                                  (B) For non-porous surfaces in con-                     able equipment contaminated by PCBs,
                               tact with non-liquid PCBs (including                       tools, and sampling equipment may do
                                                                                          so by:
                               non-porous surfaces covered with a po-
                               rous surface, such as paint or coating                       (i) Swabbing surfaces that have con-
                               on metal), cleaning to Visual Standard                     tacted PCBs with a solvent;
                               No. 2, Near-White Blast Cleaned Sur-                         (ii) A double wash/rinse as defined in
                               face Finish, of the National Associa-                      subpart S of this part; or
                               tion of Corrosion Engineers (NACE). A                        (iii) Another applicable decontamina-
                               person shall verify compliance with                        tion procedure in this section.
                               standard No. 2 by visually inspecting                        (3) Any person decontaminating a
                               all cleaned areas.                                         non-porous surface in contact with
                                  (ii) For disposal in a smelter oper-                    free-flowing mineral oil dielectric fluid
                               ating in accordance with § 761.72(b):                      (MODEF) at levels ≤10,000 ppm PCBs
                                  (A) For non-porous surfaces pre-                        must do so as follows:
                               viously in contact with liquid PCBs at                       (i) Drain the free-flowing MODEF and
                               any concentration, where no free-flow-                     allow the residual surfaces to drain for
                               ing liquids are currently present, <100                    an additional 15 hours.
                               µg/100 cm2 as measured by a standard                         (ii) Dispose of drained MODEF ac-
                               wipe test (§ 761.123) at locations se-                     cording to paragraph (g) of this sec-
                               lected in accordance with subpart P of                     tion.
                               this part.                                                   (iii) Soak the surfaces to be decon-
                                  (B) For non-porous surfaces in con-                     taminated in a sufficient amount of
                               tact with non-liquid PCBs (including                       clean (containing <2 ppm PCBs) per-
                               non-porous surfaces covered with a po-                     formance-based organic decontamina-
                               rous surface, such as paint or coating                     tion fluid (PODF) such that there is a
                               on metal), cleaning to Visual Standard                     minimum of 800 ml of PODF for each
                               No. 3, Commercial Blast Cleaned Sur-                       100 cm2 of contaminated or potentially
                               face Finish, of the National Associa-                      contaminated surface for at least 15
                               tion of Corrosion Engineers (NACE). A                      hours at ≥20 °C.
                               person shall verify compliance with                          (iv) Approved PODFs include:
                               standard No. 3 by visually inspecting                        (A) Kerosene.
                               all cleaned areas.                                           (B) Diesel fuel.
                                  (4) The decontamination standard for                      (C) Terpene hydrocarbons.
                               concrete is ≤10 µg/100 cm2 as measured                       (D) Mixtures of terpene hydrocarbons
                               by a standard wipe test (§ 761.123) if the                 and terpene alcohols.
                               decontamination procedure is com-                            (v) Drain the PODF from the sur-
                               menced within 72 hours of the initial                      faces.

                                                                                    615



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                               § 761.79                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (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
                               (up to 70 percent PCB in a mixture of                      (psi). Only if there is a pressure drop of
                               trichlorobenzenes                        and               <5 psi in 30 minutes may decontamina-
                               tetrachlorobenzenes) must do so as fol-                    tion take place.
                               lows:                                                         (iii) When there is no leakage, fill the
                                 (i) Drain the free-flowing MODEF or                      piping and air lines with clean (con-
                               askarel and allow the residual surfaces                    taining <2 ppm PCBs) solvent. Solvents
                               to drain for an additional 15 hours.                       include PODF, aqueous potassium hy-
                                 (ii) Dispose of drained MODEF or                         droxide at a pH between 9 and 12, or
                               askarel according to paragraph (g) of                      water containing 5 percent sodium hy-
                               this section.                                              droxide by weight.
                                 (iii) Soak the surfaces to be decon-                        (iv) Circulate the solvent to achieve
                               taminated in a sufficient amount of                        turbulent flow through the piping and
                               clean PODF (containing <2 ppm PCBs)                        air lines in the air compressor system
                               such that there is a minimum of 800 ml                     until the total volume of solvent cir-
                               of PODF for each 100 cm2 of contami-                       culated equals 10 times the total vol-
                               nated or potentially contaminated sur-                     ume of the particular article being de-
                               face for at least 15 hours at ≥20 °C.                      contaminated, then drain the solvent.
                                 (iv) Approved PODFs include:                             Calculate the total volume of solvent
                                 (A) Kerosene.                                            circulated by multiplying the pump
                                 (B) Diesel fuel.                                         rate by the time of pumping. Turbulent
                                 (C) Terpene hydrocarbons.                                flow means a Reynolds number range
                                 (D) Mixtures of terpene hydrocarbons                     from 20,000 to 43,000. Refill the system
                               and terpene alcohols.                                      with clean solvent and repeat the cir-
                                 (v) Drain the PODF from the sur-                         culation and drain process.
                               faces.                                                        (6) Any person using thermal proc-
                                 (vi) Dispose of the drained PODF in                      esses to decontaminate metal surfaces
                               accordance with paragraph (g) of this                      in contact with PCBs, as required by
                               section.                                                   § 761.62(a)(6), must use one of the fol-
                                 (vii) Resoak the surfaces to be decon-                   lowing options:
                               taminated, pursuant to paragraph                              (i) Surfaces in contact with liquid
                               (c)(3)(iii) of this section, in a sufficient               and non-liquid PCBs at concentrations
                               amount of clean PODF (containing <2                        <500 ppm may be decontaminated in a
                               ppm PCBs) such that there is a min-                        scrap metal recovery oven or smelter
                               imum of 800 ml of PODF for each 100                        for purposes of disposal in accordance
                               cm2 of surface for at least 15 hours at                    with § 761.72.
                               ≥20 °C.                                                       (ii) Surfaces in contact with liquid or
                                 (viii) Drain the PODF from the sur-                      non-liquid PCBs at concentrations ≥500
                               faces.                                                     ppm may be smelted in a smelter oper-
                                 (ix) Dispose of the drained PODF in                      ating in accordance with § 761.72(b), but
                               accordance with paragraph (g) of this                      must first be decontaminated in ac-
                               section.                                                   cordance with § 761.72(a) or to a surface
                                 (5) Any person decontaminating pip-                      concentration of <100 µg/100 cm2.
                               ing and air lines in an air compressor                        (d) Decontamination solvents. (1) Un-
                               system must do so as follows:                              less otherwise provided in paragraphs
                                 (i) Before decontamination proceeds,                     (c)(3) through (c)(5) of this section, the
                               disconnect or bypass the air compres-                      solubility of PCBs in any solvent used
                               sors and air dryers from the piping and                    for purposes of decontamination under
                               air lines and decontaminate the air                        this section must be 5 percent or more
                               compressors and air dryers separately                      by weight.
                               in accordance with paragraphs (b),                            (2) The solvent may be reused for de-
                               (c)(1) through (c)(4), or (c)(6) of this                   contamination so long as its PCB con-
                               section. Dispose of filter media and                       centration is <50 ppm.

                                                                                    616



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                               Environmental Protection Agency                                                                       § 761.79

                                 (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.
                               nated with MODEF or other PCB liq-                            (1) Distillation bottoms or residues
                               uids, in accordance with the self-imple-                   and filter media are regulated for dis-
                               menting procedures found in subpart T                      posal as PCB remediation waste.
                               of this part. Specific conditions for the                     (2) PCBs physically separated from
                               performance-based testing from this                        regulated waste during decontamina-
                               validation are determined in the vali-                     tion (such as by chopping, shredding,
                               dation study.                                              scraping, abrading or oil/water separa-
                                 (e) Limitation of exposure and control                   tion, as opposed to solvent rinsing and
                               of releases. (1) Any person conducting                     soaking), other than wastes described
                               decontamination activities under this                      in paragraph (g)(1) of this section, are
                               section shall take necessary measures                      regulated for disposal at their original
                               to protect against direct release of                       concentration.
                               PCBs to the environment from the de-
                                                                                             (3) Hydrocarbon solvent used or re-
                               contamination area.
                                                                                          used for decontamination under this
                                 (2) Persons participating in decon-
                                                                                          section that contains <50 ppm PCB
                               tamination activities shall wear or use
                                                                                          must be burned and marketed in ac-
                               protective clothing or equipment to
                               protect against dermal contact or inha-                    cordance with the requirements for
                               lation of PCBs or materials containing                     used oil in § 761.20(e), disposed of in ac-
                               PCBs.                                                      cordance with § 761.60(a) or (e), or de-
                                 (f) Sampling and recordkeeping. (1)                      contaminated pursuant to this section.
                               Confirmatory sampling is required                             (4) Chlorinated solvent at any PCB
                               under paragraph (b) of this section. For                   concentration used for decontamina-
                               liquids described in paragraphs (b)(1)                     tion under this section shall be dis-
                               and (b)(2) of this section, sample in ac-                  posed of in an incinerator operating in
                               cordance with §§ 761.269 and 761.272. For                  compliance with § 761.70, or decontami-
                               non-porous surfaces and concrete de-                       nated pursuant to this section.
                               scribed in paragraphs (b)(3) and (b)(4) of                    (5) Solvents ≥50 ppm other than those
                               this section, sample in accordance with                    described in paragraphs (g)(3) and (g)(4)
                               subpart P of this part. A written record                   of this section shall be disposed of in
                               of such sampling must be established                       accordance with § 761.60(a) or decon-
                               and maintained for 3 years from the                        taminated pursuant to this section.
                               date of any decontamination under this                        (6) Non-liquid cleaning materials and
                               section. The record must show sam-                         personal protective equipment waste at
                               pling locations and analytical results                     any concentration, including non-po-
                               and must be retained at the site of the                    rous surfaces and other non-liquid ma-
                               decontamination or a copy of the                           terials such as rags, gloves, booties,
                               record must be made available to EPA                       other disposable personal protective
                               in a timely manner, if requested. In ad-                   equipment, and similar materials re-
                               dition, recordkeeping is required in ac-                   sulting from decontamination shall be
                               cordance with § 761.180(a) for all wastes                  disposed      of   in   accordance    with
                               generated by a decontamination proc-                       § 761.61(a)(5)(v).
                               ess and regulated for disposal under                          (h) Alternative decontamination or sam-
                               this subpart.                                              pling approval. (1) Any person wishing
                                 (2) Confirmatory sampling is not re-                     to decontaminate material described in
                               quired for self-implementing decon-                        paragraph (a) of this section in a man-
                               tamination procedures under para-                          ner other than prescribed in paragraph
                               graph (c) of this section. Any person                      (b) of this section must apply in writ-
                               using these procedures must retain a                       ing to the EPA Regional Administrator
                               written record documenting compli-                         in the Region where the activity would
                               ance with the procedures for 3 years                       take place, for decontamination activ-
                               after completion of the decontamina-                       ity occurring in a single EPA Region;

                                                                                    617



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                               § 761.80                                                                40 CFR Ch. I (7–1–01 Edition)

                               or the Director of the National Pro-                       may conduct decontamination or sam-
                               gram Chemicals Division, for decon-                        pling under this paragraph prior to ob-
                               tamination activity occurring in more                      taining written approval from EPA.
                               than one EPA Region. Each application                      EPA will approve an application if it
                               must describe the material to be de-                       finds that the proposed decontamina-
                               contaminated and the proposed decon-                       tion or sampling method will not pose
                               tamination method, and must dem-                           an unreasonable risk of injury to
                               onstrate that the proposed method is                       health or the environment.
                               capable of decontaminating the mate-
                                                                                          [63 FR 35457, June 29, 1998, as amended at 64
                               rial to the applicable level set out in                    FR 33761, June 24, 1999]
                               paragraphs (b)(1) through (b)(4) of this
                               section.
                                 (2) Any person wishing to decontami-                             Subpart E—Exemptions
                               nate material described in paragraph                       § 761.80 Manufacturing,    processing
                               (a) of this section using a self-imple-                        and distribution in commerce ex-
                               menting procedure other than pre-                              emptions.
                               scribed in paragraph (c) of this section
                               must apply in writing to the EPA Re-                         (a) The Administrator grants the fol-
                               gional Administrator in the Region                         lowing petitioner(s) an exemption for 1
                               where the activity would take place,                       year to process and distribute in com-
                               for decontamination activity occurring                     merce PCBs for use as a mounting me-
                               in a single EPA Region; or the Director                    dium in microscopy:
                               of the National Program Chemicals Di-                        (1) McCrone Accessories Components,
                               vision, for decontamination activity                       Division of Walter C. McCrone Associ-
                               occurring in more than one EPA Re-                         ates, Inc., 2820 South Michigan Avenue,
                               gion. Each application must describe                       Chicago, IL. 60616.
                               the material to be decontaminated and                        (2) [Reserved]
                               the proposed self-implementing decon-                        (b) The Administrator grants the fol-
                               tamination method and must include a                       lowing petitioner(s) an exemption for 1
                               proposed validation study to confirm                       year to process and distribute in com-
                               performance of the method.                                 merce PCBs for use as a mounting me-
                                 (3) Any person wishing to sample de-                     dium in microscopy, an immersion oil
                               contaminated material in a manner                          in low fluorescence microscopy and an
                               other than prescribed in paragraph (f)                     optical liquid:
                               of this section must apply in writing to                     (1) R.P. Cargille Laboratories, Inc., 55
                               the EPA Regional Administrator in the                      Commerce Road, Cedar Grove, N.J.
                               Region where the activity would take                       07009.
                               place, for decontamination activity oc-                      (2) [Reserved]
                               curring in a single EPA Region; or the                       (c) The Administrator grants the fol-
                               Director of the National Program                           lowing petitioner(s) an exemption for 1
                               Chemicals Division, for decontamina-                       year to export PCBs for use in small
                               tion activity occurring in more than                       quantities for research and develop-
                               one EPA Region. Each application                           ment:
                               must contain a description of the ma-                        (1) Accu-Standard, New Haven, CT.
                               terial to be decontaminated, the nature                    06503.
                               and PCB concentration of the contami-                        (2) ManTech, Research Triangle
                               nating material (if known), the decon-                     Park, NC 27709.
                               tamination method, the proposed sam-                         (d) The Administrator grants the fol-
                               pling procedure, and a justification for                   lowing petitioner(s) an exemption for 1
                               how the proposed sampling is equiva-                       year to import (manufacture) into the
                               lent to or more comprehensive than                         United States, small quantities of ex-
                               the sampling procedure required under                      isting PCB fluids from electrical equip-
                               paragraph (f) of this section.                             ment for analysis:
                                 (4) EPA may request additional infor-                      (1) Unison Transformer Services,
                               mation that it believes necessary to                       Inc., Tarrytown, N.Y. 10591, provided
                               evaluate the application.                                  each of the following conditions are
                                 (5) EPA will issue a written decision                    met:
                               on each application for risk-based de-                       (i) The samples must be shipped in 5.0
                               contamination or sampling. No person                       ml or less, hermetically sealed vials.

                                                                                    618



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                               Environmental Protection Agency                                                                       § 761.80

                                  (ii) The exemption is limited to no                       (5) Records are maintained of their
                               more than 250 total samples per year.                      PCB activities for a period of 3 years
                                  (iii) Unison makes quarterly inspec-                    after ceasing operations. The records
                               tions of its laboratories to ensure that                   must include the sources and the an-
                               proper safety procedures are being fol-                    nual amounts of PCBs received if im-
                               lowed.                                                     ported and the type and annual amount
                                  (iv) Unison annually notifies and de-                   of PCBs that were manufactured.
                               scribes to EPA its attempts to have                          (6) All PCBs and materials con-
                               samples analyzed abroad.                                   taining PCBs, regardless of concentra-
                                  (2) [Reserved]                                          tion, remaining from the disposal-re-
                                  (e) The Administrator grants a class                    lated studies must be disposed of ac-
                               exemption to all research and develop-                     cording to § 761.60(j)(1)(vi), or decon-
                               ment (R&D) facilities for a period of 1                    taminated pursuant to § 761.79, based on
                               year to manufacture or import PCBs                         the original PCB concentration.
                               for use solely in the manufacturer or                        (f) The Administrator grants the fol-
                               importer’s own research for the devel-                     lowing petitioner(s) an exemption for 1
                               opment of PCB disposal technologies.                       year to manufacture PCBs for use in
                               Each person that wishes to be part of                      small quantities for research and de-
                               the exemption must meet the following                      velopment:
                               conditions:                                                  (1) California Bionuclear Corp., Sun
                                  (1) A petition for an exemption from                    Valley, CA 91352 (ME–13).
                               the PCB prohibition on manufacturing                         (2) Foxboro Co., North Haven, CT
                               PCBs must be received by EPA 60 days                       06473 (ME–6).
                               prior to engaging in these activities.                       (3) ULTRA-Scientific, Inc.,Hope, RI
                                  (2) Requests for renewal must be filed                  02831 (ME–99.1).
                               pursuant to § 750.11 of this chapter.                        (4) Midwest Research Institute, Kan-
                               EPA will deem any properly filed re-                       sas City, MO 64110 (ME–70.1).
                               quest for the renewal of the exemption                       (5) Pathfinder Laboratories, St.
                               by any member of the class as a re-                        Louis, MO 63146 (A division of Sigma
                               newal request for the entire class.                        Aldridge Corporation, St. Louis, MO,
                                  (3) The quantity of the PCBs manu-                      63178 (ME–76).
                               factured annually must not exceed 500                        (6) Radian Corp., Austin, TX 78766
                               grams by total weight of pure PCBs.                        (ME–81.2).
                               Any person who wishes to manufacture                         (7) Wellington Sciences USA, College
                               or import more than 500 grams of PCBs                      Station, TX 77840 (ME–104.1).
                               in 1 year must receive written approval                      (8) Accu-Standard, 25 Science Park,
                               from the Director, National Program                        New Haven, CT. 06503.
                               Chemicals Division to exceed the limi-                       (g) The Administrator grants a class
                               tations established by this provision.                     exemption to all processors and dis-
                               The      Director,    National      Program                tributors of PCBs in small quantities
                               Chemicals Division may grant approval                      for research and development provided
                               without further rulemaking. Any in-                        that the following conditions are met:
                               crease granted will be in writing and                        (1) All processors and distributors
                               will extend only for a maximum of the                      must maintain records of their PCB ac-
                               time remaining in a specific exemption                     tivities for a period of 5 years.
                               year.                                                        (2) Any person or company which ex-
                                  (4) The owner or operator of the facil-                 pects to process or distribute in com-
                               ity must notify the EPA Regional Ad-                       merce 100 grams (.22 lb) or more PCBs
                               ministrator in writing 30 days prior to                    in 1 year must report to EPA identi-
                               the commencement of R&D activities                         fying the sites of PCB activities and
                               that include the manufacture or im-                        the quantity of PCBs to be processed or
                               port of PCBs under the exemption, un-                      distributed in commerce.
                               less the facility has obtained a PCB                         (h) The Administrator grants the fol-
                               R&D approval from EPA pursuant to                          lowing petitioners an exemption for 1
                               § 761.60(e), § 761.60(i)(2), § 761.70(a), or               year to process and distribute in com-
                               § 761.70(b) and the approval contains a                    merce PCBs for analytical reference
                               provision allowing the manufacture of                      samples derived from actual waste ma-
                               PCBs.                                                      terials:

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                               § 761.80                                                                40 CFR Ch. I (7–1–01 Edition)

                                 (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
                               PCB waste material, provided the PCBs                      must include the sources and the an-
                               are manufactured, imported, processed,                     nual amounts of PCBs received if im-
                               distributed in commerce, or exported                       ported, the annual amount of PCBs
                               solely for the purpose of R&D and the                      that were manufactured, the annual
                               following conditions are met:                              amount of PCBs that were processed
                                 (1) Notification in the form of a peti-                  and/or distributed in commerce (to in-
                               tion for an exemption from the PCB                         clude export), and the persons to whom
                               prohibitions on manufacture, import,                       the PCBs were shipped.
                               processing, distribution in commerce,                        (j)–(l) [Reserved]
                               or export is received by EPA 60 days                         (m) The Administrator grants the
                               prior to engaging in these activities.                     following petitioner(s) an exemption
                                 (2) Requests for renewal are filed pur-                  for 1 year to process and export small
                               suant to §§ 750.11 and 750.31 of this chap-                quantities of PCBs for research and de-
                               ter. EPA will deem any properly filed                      velopment:
                               request for the renewal of the exemp-                        (1) Chem Service, Inc., West Chester,
                               tion by any member of the class as a                       PA 19380 (PDE–41).
                               renewal request for the entire class.
                                                                                            (2) Foxboro Co., North Haven, CT
                                 (3) The PCBs are packaged in one or
                                                                                          06473 (ME–6).
                               more hermetically sealed containers of
                               a volume of no more than 5.0 ml each.                        (3) PolyScience Corp., Niles, IL 60648
                               Analytical reference samples derived                       (PDE–178).
                               from PCB waste material may be pack-                         (4) ULTRA-Scientific, Inc., Hope, RI
                               aged in a container larger than 5.0 ml                     02831 (PDE–282.1).
                               when packaged pursuant to applicable                         (5) Supelco, Inc., Bellefonte, PA
                               DOT performance standards.                                 16823–0048 (PDE–41.2).
                                 (4) The quantity of PCBs manufac-                          (6) Radian Corp., Austin, TX 78766
                               tured, imported, processed, distributed                    (PDE–182.1).
                               in commerce, or exported annually                            (7) Restek Corporation, Bellefonte,
                               must not exceed 500 grams by total                         PA
                               weight of pure PCBs. Any person who                          (n) The 1–year exemption granted to
                               expects to manufacture, import, proc-                      petitioners in paragraphs (a) through
                               ess, distribute in commerce, or export                     (c)(1), (d), (f), and (m)(1) through (m)(6)
                               more than 500 grams of PCBs in 1 year                      of this section shall be renewed auto-
                               or to exceed the 5.0 ml packaging re-                      matically as long as there is no in-
                               quirement must obtain a written ap-                        crease in the amount of PCBs to be
                               proval from the Director, National Pro-                    processed and distributed, imported
                               gram Chemicals Division and must                           (manufactured), or exported, nor any
                               identify the sites of PCB activities and                   change in the manner of processing and
                               the quantity of PCBs to be manufac-                        distributing,       importing    (manufac-
                               tured, imported, processed, distributed                    turing), or exporting of PCBs. If there
                               in commerce, or exported. Each request                     is such a change, a new exemption peti-
                               must include a justification. The Di-                      tion must be submitted to EPA and it
                               rector, National Program Chemicals                         will be addressed through an exemption
                               Division, may grant approval without                       rulemaking. In such a case, the activi-
                               further rulemaking. Any increase                           ties granted under the existing exemp-
                               granted will be in writing and will ex-                    tion may continue until the new peti-
                               tend only for a maximum of the time                        tion is addressed by rulemaking, but
                               remaining in a specific exemption year.                    must conform to the terms of the exist-
                                 (5) All treated and untreated PCB                        ing exemption approved by EPA. The 1–
                               regulated material and material com-                       year exemption granted to petitioners
                               ing into contact with regulated mate-                      in paragraphs (c)(2), (h) and (m)(7) of

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                               Environmental Protection Agency                                                                       § 761.99

                               this section may be extended pursuant                      § 761.93    Import for disposal.
                               to 40 CFR 750.11(e) or 750.31(e).
                                                                                            (a) General provisions. No person may
                                 (o) The 1–year class exemption grant-                    import PCBs or PCB Items for disposal
                               ed to all processors and distributors of                   without an exemption issued under the
                               PCBs in small quantities for research                      authority of TSCA section 6(e)(3).
                               and development in paragraph (g) of                          (b) [Reserved]
                               this section shall be renewed automati-
                               cally unless information is submitted                      [63 FR 35460, June 29, 1998]
                               affecting EPA’s conclusion that the
                               class exemption, or the activities of                      § 761.97    Export for disposal.
                               any individual or company included in                        (a) General provisions. No person
                               the exemption, will not pose an unrea-                     may export PCBs or PCB Items for dis-
                               sonable risk of injury to health or the                    posal without an exemption, except
                               environment. EPA will evaluate the in-                     that:
                               formation, issue a proposed rule for                         (1) PCBs and PCB Items at con-
                               public comment, and issue a final rule                     centrations <50 ppm (or <10 µg PCB/100
                               affecting the class exemption or indi-                     cm2 if no free-flowing liquids are
                               viduals or companies included in the                       present) may be exported for disposal.
                               class exemption. Until EPA issues a                          (2) For the purposes of this section,
                               final rule, individuals and companies                      PCBs and PCB Items of unknown con-
                               included in the class exemption will be                    centrations shall be treated as if they
                               allowed to continue processing and dis-                    contain ≥50 ppm.
                               tributing PCBs in small quantities for                       (b) [Reserved]
                               research and development.                                  [61 FR 11107, Mar. 18, 1996, as amended at 63
                               [55 FR 38999, Sept. 24, 1990, as amended at 59             FR 35460, June 29, 1998]
                               FR 16998, Apr. 11, 1994; 63 FR 35460, June 29,
                               1998]                                                      § 761.99 Other        transboundary           ship-
                                                                                              ments.

                                     Subpart F—Transboundary                                For purposes of this subpart, the fol-
                                                                                          lowing transboundary shipments are
                                   Shipments of PCBs for Disposal                         not considered exports or imports:
                                                                                            (a) PCB waste generated in the
                                 SOURCE: 61 FR 11107, Mar. 18, 1996, unless               United States, transported outside the
                               otherwise noted.                                           Customs Territory of the United States
                                                                                          (including any residuals resulting from
                               § 761.91     Applicability.
                                                                                          cleanup of spills of such wastes in tran-
                                 This subpart establishes require-                        sit) through another country or its ter-
                               ments under section 6 of TSCA applica-                     ritorial waters, or through inter-
                               ble to the transboundary shipments of                      national waters, and returned to the
                               PCBs and PCB Items into and out of                         United States for disposal.
                               the United States for disposal. Nothing                      (b) PCB waste in transit, including
                               in this subpart is intended to obviate                     any residuals resulting from cleanup of
                               or otherwise alter obligations applica-                    spills during transit, through the
                               ble to imported or exported PCBs and                       United States (e.g., from Mexico to
                               PCB Items under foreign laws, inter-                       Canada, from Canada to Mexico).
                               national agreements or arrangements,                         (c) PCB waste transported from any
                               other United States statutes and regu-                     State to any other State for disposal,
                               lations, other sections of TSCA (e.g.,                     regardless of whether the waste enters
                               sections 13 and 14), or laws of the var-                   or leaves the customs territory of the
                               ious States of the United States. No                       United States, provided that the PCB
                               provision of this section shall be con-                    waste or the PCBs from which the
                               strued to affect or limit the applica-                     waste was derived were present in the
                               bility of any requirement applicable to                    United States on January 1, 1979, and
                               transporters of PCB waste under regu-                      have remained within the United
                               lations issued by the U.S. Department                      States since that date.
                               of Transportation (DOT) and set forth                      [63 FR 35461, June 29, 1998, as amended at 66
                               at 49 CFR parts 171-180.                                   FR 17478, Mar. 30, 2001]

                                                                                    621



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                               § 761.120                                                               40 CFR Ch. I (7–1–01 Edition)

                                   Subpart G—PCB Spill Cleanup                            mize further environmental contami-
                                             Policy                                       nation.
                                                                                            (3) For all other spills, EPA generally
                                                                                          expects the decontamination standards
                                 SOURCE: 52 FR 10705, Apr. 2, 1987, unless
                               otherwise noted.
                                                                                          of this policy to apply. Occasionally,
                                                                                          some small percentage of spills covered
                               § 761.120 Scope.                                           by this policy may warrant more strin-
                                                                                          gent cleanup requirements because of
                                  (a) General. This policy establishes
                                                                                          additional routes of exposure or signifi-
                               criteria EPA will use to determine the
                                                                                          cantly greater exposures than those as-
                               adequacy of the cleanup of spills re-
                               sulting from the release of materials                      sumed in developing the final cleanup
                               containing PCBs at concentrations of                       standards of this policy. While the EPA
                               50 ppm or greater. The policy applies to                   regional offices have the authority to
                               spills which occur after May 4, 1987.                      require additional cleanup in these cir-
                                  (1) Existing spills (spills which oc-                   cumstances, the Regional Adminis-
                               curred prior to May 4, 1987, are ex-                       trator must first make a finding based
                               cluded from the scope of this policy for                   on the specific facts of a spill that ad-
                               two reasons:                                               ditional cleanup must occur to prevent
                                  (i) For old spills which have already                   unreasonable risk. In addition, before a
                               been discovered, this policy is not in-                    final decision is made to require addi-
                               tended to require additional cleanup                       tional cleanup, the Regional Adminis-
                               where a party has already cleaned a                        trator must notify the Director, Office
                               spill in accordance with requirements                      of Pollution Prevention and Toxics at
                               imposed by EPA through its regional                        Headquarters of his/her finding and the
                               offices, nor is this policy intended to                    basis for the finding.
                               interfere with ongoing litigation of en-                     (4) There may also be exceptional
                               forcement actions which bring into                         spill situations that requires less strin-
                               issue PCB spills cleanup.                                  gent cleanup or a different approach to
                                  (ii) EPA recognizes that old spills                     cleanup because of factors associated
                               which are discovered after the effective                   with the particular spill. These factors
                               date of this policy will require site-by-                  may mitigate expected exposures and
                               site evaluation because of the likeli-                     risks or make cleanup to these require-
                               hood that the site involves more perva-                    ments impracticable.
                               sive PCB contamination than fresh                            (b) Spills that may require more strin-
                               spills and because old spills are gen-                     gent cleanup levels. For spills within the
                               erally more difficult to clean up than                     scope of this policy, EPA generally re-
                               fresh spills (particularly on porous sur-                  tains, under § 761.135, the authority to
                               faces such as concrete). Therefore,                        require additional cleanup upon finding
                               spills which occurred before the effec-                    that, despite good faith efforts by the
                               tive date of this policy are to be decon-                  responsible party, the numerical de-
                               taminated to requirements established                      contamination levels in the policy
                               at the discretion of EPA, usually                          have not been met. In addition, EPA
                               through its regional offices.                              foresees the possibility of exceptional
                                  (2) EPA expects most PCB spills sub-                    spill situations in which site-specific
                               ject to the TSCA PCB regulations to                        risk factors may warrant additional
                               conform to the typical spill situations                    cleanup to more stringent numerical
                               considered in developing this policy.                      decontamination levels than are re-
                               This policy does, however, exclude                         quired by the policy. In these situa-
                               from application of the final numerical                    tions, the Regional Administrator has
                               cleanup standards certain spill situa-                     the authority to require cleanup to lev-
                               tions from its scope: Spills directly                      els lower than those included in this
                               into surface waters, drinking water,                       policy upon finding that further clean-
                               sewers, grazing lands, and vegetable                       up must occur to prevent unreasonable
                               gardens. These types of spills are sub-                    risk. The Regional Administrator will
                               ject to final cleanup standards to be es-                  consult with the Director, Office of
                               tablished at the discretion of the re-                     Pollution Prevention and Toxics, prior
                               gional office. These spills are, however,                  to making such a finding.
                               subject to the immediate notification                        (1) For example, site-specific charac-
                               requirements and measures to mini-                         teristics, such as short depth to ground

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                               Environmental Protection Agency                                                                  § 761.120

                               water, type of soil, or the presence of a                  cluded from the automatic application
                               shallow well, may pose exceptionally                       of final decontamination standards
                               high potential for ground water con-                       under § 761.125 (b) and (c), the general
                               tamination by PCBs remaining after                         requirements under § 761.125(a) do apply
                               cleanup to the standards specified in                      to these spills. In addition, all of these
                               this policy. Spills that pose such a high                  excluded     situations   require    prac-
                               degree of potential for ground water                       ticable, immediate actions to contain
                               contamination have not been excluded                       the area of contamination. While these
                               from the policy under paragraph (d) of                     situations may not always require
                               this section because the presence of                       more stringent cleanup measures, the
                               such potential may not be readily ap-                      Agency is excluding these scenarios be-
                               parent. EPA feels that automatically                       cause they will always involve signifi-
                               excluding such spills from the scope of                    cant factors that may not be ade-
                               the policy could result in the delay of                    quately addressed by cleanup standards
                               cleanup—a particularly undesirable                         based upon typical spill characteris-
                               outcome if potential ground water con-                     tics.
                               tamination is, in fact, a significant                        (2) For the spill situations in para-
                               concern.                                                   graphs (d)(2)(i) through (vi) of this sec-
                                 (2) In those situations, the Regional                    tion, the responsible party shall decon-
                               Administrator may require cleanup in                       taminate the spill in accordance with
                               addition to that required under § 761.125                  site-specific requirements established
                               (b) and (c). However, the Regional Ad-                     by the EPA regional offices.
                               ministrator must first make a finding,                       (i) Spills that result in the direct
                               based on the specific facts of a spill,                    contamination of surface waters (sur-
                               that additional cleanup is necessary to                    face waters include, but are not limited
                               prevent unreasonable risk. In addition,                    to, ‘‘waters of the United States’’ as
                               before making a final decision on addi-                    defined in part 122 of this chapter,
                               tional cleanup, the Regional Adminis-
                                                                                          ponds, lagoons, wetlands, and storage
                               trator must notify the Director of the
                                                                                          reservoirs).
                               Office of Pollution Prevention and
                                                                                            (ii) Spills that result in the direct
                               Toxics of his finding and the basis for
                                                                                          contamination of sewers or sewage
                               the finding.
                                                                                          treatment systems.
                                 (c) Flexibility to allow less stringent or
                               alternative requirements. EPA retains                        (iii) Spills that result in the direct
                               the flexibility to allow less stringent or                 contamination of any private or public
                               alternative decontamination measures                       drinking water sources or distribution
                               based upon site-specific considerations.                   systems.
                               EPA will exercise this flexibility if the                    (iv) Spills which migrate to and con-
                               responsible party demonstrates that                        taminate surface waters, sewers, or
                               cleanup to the numerical decontamina-                      drinking water supplies before cleanup
                               tion levels is clearly unwarranted be-                     has been completed in accordance with
                               cause of risk-mitigating factors, that                     this policy.
                               compliance with the procedural re-                           (v) Spills that contaminate animal
                               quirements or numerical standards in                       grazing lands.
                               the policy is impracticable at a par-                        (vi) Spills that contaminate vege-
                               ticular site, or that site-specific char-                  table gradens.
                               acteristics make the costs of cleanup                        (e) Relationship of policy to other stat-
                               prohibitive. The Regional Adminis-                         utes. (1) This policy does not affect
                               trator will notify the Director of OPPT                    cleanup standards or requirements for
                               of any decision and the basis for the de-                  the reporting of spills imposed, or to be
                               cision to allow less stringent cleanup.                    imposed, under other Federal statutory
                               The purpose of this notification is to                     authorities, including but not limited
                               enable the Director of OPPT to ensure                      to, the Clean Water Act (CWA), the Re-
                               consistency of spill cleanup standards                     source Conservation and Recovery Act
                               under special circumstances across the                     (RCRA), and the Comprehensive Envi-
                               regions.                                                   ronmental Response Compensation and
                                 (d) Excluded spills. (1) Although the                    Liability Act of 1980 (CERCLA) as
                               spill situations in paragraphs (d)(2) (i)                  amended by the Superfund Amend-
                               through (vi) of this section are ex-                       ments     and     Reauthorization      Act

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                               § 761.123                                                               40 CFR Ch. I (7–1–01 Edition)

                               (SARA). Where more than one require-                       atively long periods of time. Manned
                               ment applies, the stricter standard                        machinery and control panels are ex-
                               must be met.                                               amples of high-contact industrial sur-
                                 (2) The Agency recognizes that the                       faces. High-contact industrial surfaces
                               existence of this policy will inevitably                   are generally of impervious solid mate-
                               result in attempts to apply the stand-                     rial. Examples of low-contact indus-
                               ards to situations within the scope of                     trial surfaces include ceilings, walls,
                               other statutory authorities. However,                      floors, roofs, roadways and sidewalks
                               other statutes require the Agency to                       in the industrial area, utility poles, un-
                               consider different or alternative fac-                     manned machinery, concrete pads be-
                               tors in determining appropriate correc-                    neath electrical equipment, curbing,
                               tive actions. In addition, the types and                   exterior structural building compo-
                               magnitudes of exposures associated                         nents, indoor vaults, and pipes.
                               with sites requiring corrective action                       High-contact residential/commercial sur-
                               under other statutes often involve im-                     face means a surface in a residential/
                               portant differences from those ex-                         commercial area which is repeatedly
                               pected of the typical, electrical equip-                   touched, often for relatively long peri-
                               ment-type spills considered in devel-                      ods of time. Doors, wall areas below 6
                               oping this policy. Thus, cleanups under                    feet in height, uncovered flooring,
                               other statutes, such as RCRA correc-                       windowsills, fencing, bannisters, stairs,
                               tive actions or remedial and response                      automobiles, and children’s play areas
                               actions under SARA may result in dif-                      such as outdoor patios and sidewalks
                               ferent outcomes.                                           are examples of high-contact residen-
                               § 761.123 Definitions.                                     tial/commercial surfaces. Examples of
                                                                                          low-contact       residential/commercial
                                  For purposes of this policy, certain                    surfaces include interior ceilings, inte-
                               words and phrases are used to denote                       rior wall areas above 6 feet in height,
                               specific materials, procedures, or cir-                    roofs, asphalt roadways, concrete road-
                               cumstances. The following definitions                      ways, wooden utility poles, unmanned
                               are provided for purposes of clarity and                   machinery, concrete pads beneath elec-
                               are not to be taken as exhaustive lists                    trical equipment, curbing, exterior
                               of situations and materials covered by                     structural building components (e.g.,
                               the policy.                                                aluminum/vinyl siding, cinder block,
                                  Double wash/rinse means a minimum
                                                                                          asphalt tiles), and pipes.
                               requirement to cleanse solid surfaces
                               (both impervious and nonimpervious)                          Impervious solid surfaces means solid
                               two times with an appropriate solvent                      surfaces which are nonporous and thus
                               or other material in which PCBs are at                     unlikely to absorb spilled PCBs within
                               least 5 percent soluble (by weight). A                     the short period of time required for
                               volume of PCB-free fluid sufficient to                     cleanup of spills under this policy. Im-
                               cover the contaminated surface com-                        pervious solid surfaces include, but are
                               pletely must be used in each wash/                         not limited to, metals, glass, alu-
                               rinse. The wash/rinse requirement does                     minum siding, and enameled or lami-
                               not mean the mere spreading of solvent                     nated surfaces.
                               or other fluid over the surface, nor does                    Low-concentration PCBs means PCBs
                               the requirement mean a once-over wipe                      that are tested and found to contain
                               with a soaked cloth. Precautions must                      less than 500 ppm PCBs, or those PCB-
                               be taken to contain any runoff result-                     containing materials which EPA re-
                               ing from the cleansing and to dispose                      quires to be assumed to be at con-
                               properly of wastes generated during                        centrations below 500 ppm (i.e., untest-
                               the cleansing.                                             ed mineral oil dielectric fluid).
                                  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.

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                               Environmental Protection Agency                                                                  § 761.123

                                 Nonrestricted access areas means any                       Residential/commercial areas means
                               area other than restricted access, out-                    those areas where people live or reside,
                               door electrical substations, and other                     or where people work in other than
                               restricted access locations, as defined                    manufacturing or farming industries.
                               in this section. In addition to residen-                   Residential areas include housing and
                               tial/commercial areas, these areas in-                     the property on which housing is lo-
                               clude unrestricted access rural areas                      cated, as well as playgrounds, road-
                               (areas of low density development and                      ways, sidewalks, parks, and other simi-
                               population where access is uncon-                          lar areas within a residential commu-
                               trolled by either man-made barriers or                     nity. Commercial areas are typically
                               naturally occurring barriers, such as                      accessible to both members of the gen-
                               rough terrain, mountains, or cliffs).                      eral public and employees and include
                                 Other restricted access (nonsubstation)                  public assembly properties, institu-
                               locations means areas other than elec-                     tional properties, stores, office build-
                               trical substations that are at least 0.1                   ings, and transportation centers.
                               kilometer (km) from a residential/com-                       Responsible party means the owner of
                               mercial area and limited by man-made                       the PCB equipment, facility, or other
                               barriers (e.g., fences and walls) to sub-                  source of PCBs or his/her designated
                               stantially limited by naturally occur-                     agent (e.g., a facility manager or fore-
                               ring barriers such as mountains, cliffs,                   man).
                               or rough terrain. These areas generally                      Soil means all vegetation, soils and
                               include industrial facilities and ex-                      other ground media, including but not
                               tremely remote rural locations. (Areas                     limited to, sand, grass, gravel, and oys-
                               where access is restricted but are less                    ter shells. It does not include concrete
                               than 0.1 km from a residential/commer-                     and asphalt.
                               cial area are considered to be residen-                      Spill means both intentional and un-
                               tial/commercial areas.)                                    intentional spills, leaks, and other un-
                                                                                          controlled discharges where the release
                                 Outdoor electrical substations means
                                                                                          results in any quantity of PCBs run-
                               outdoor, fenced-off, and restricted ac-
                                                                                          ning off or about to run off the exter-
                               cess areas used in the transmission
                                                                                          nal surface of the equipment or other
                               and/or distribution of electrical power
                                                                                          PCB source, as well as the contamina-
                               Outdoor electrical substations restrict
                                                                                          tion resulting from those releases. This
                               public access by being fenced or walled
                                                                                          policy applies to spills of 50 ppm or
                               off as defined under § 761.30(l)(1)(ii). For
                                                                                          greater PCBs. The concentration of
                               purposes of this TSCA policy, outdoor
                                                                                          PCBs spilled is determined by the PCB
                               electrical substations are defined as
                                                                                          concentration in the material spilled
                               being located at least 0.1 km from a
                                                                                          as opposed to the concentration of
                               residential/commercial area. Outdoor                       PCBs in the material onto which the
                               fenced-off and restricted access areas                     PCBs were spilled. Where a spill of un-
                               used in the transmission and/or dis-                       tested mineral oil occurs, the oil is pre-
                               tribution of electrical power which are                    sumed to contain greater than 50 ppm,
                               located less than 0.1. km from a resi-                     but less than 500 ppm PCBs and is sub-
                               dential/commercial area are considered                     ject to the relevant requirements of
                               to be residential/commercial areas.                        this policy.
                                 PCBs means polychlorinated biphen-                         Spill area means the area of soil on
                               yls as defined under § 761.3. As specified                 which visible traces of the spill can be
                               under § 761.1(b), no requirements may                      observed plus a buffer zone of 1 foot be-
                               be avoided through dilution of the PCB                     yond the visible traces. Any surface or
                               concentration.                                             object (e.g., concrete sidewalk or auto-
                                 Requirements and standards means:                        mobile) within the visible traces area
                                 (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.

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                               § 761.125                                                               40 CFR Ch. I (7–1–01 Edition)

                                 Spill boundaries means the actual                        under the Clean Water Act (CWA) or
                               area of contamination as determined                        the Comprehensive Environmental Re-
                               by postcleanup verification sampling                       sponse Compensation and Liability Act
                               or by precleanup sampling to deter-                        of 1980 (CERCLA). For example, under
                               mine actual spill boundaries. EPA can                      the National Contingency Plan all
                               require additional cleanup when nec-                       spills involving 1 pound or more by
                               essary to decontaminate all areas with-                    weight of PCBs must currently be re-
                               in the spill boundaries to the levels re-                  ported to the National Response Center
                               quired in this policy (e.g., additional                    (1-800-424-8802). The requirements in
                               cleanup will be required if postcleanup                    paragraphs (a)(1) (i) through (iv) of this
                               sampling indicates that the area decon-                    section are designed to be consistent
                               taminated by the responsible party,                        with existing reporting requirements
                               such as the spill area as defined in this                  to the extent possible so as to mini-
                               section, did not encompass the actual                      mize reporting burdens on governments
                               boundaries of PCB contamination).                          as well as the regulated community.
                                 Standard wipe test means, for spills of
                                                                                             (i) Where a spill directly contami-
                               high-concentration PCBs on solid sur-
                                                                                          nates surface water, sewers, or drink-
                               faces, a cleanup to numerical surface
                                                                                          ing water supplies, as discussed under
                               standards and sampling by a standard
                                                                                          § 761.120(d), the responsible party shall
                               wipe test to verify that the numerical
                               standards have been met. This defini-                      notify the appropriate EPA regional of-
                               tion constitutes the minimum require-                      fice (the Office of Prevention, Pes-
                               ments for an appropriate wipe testing                      ticides and Toxic Substances Branch)
                               protocol. A standard-size template (10                     and obtain guidance for appropriate
                               centimeters (cm) x 10 cm) will be used                     cleanup measures in the shortest pos-
                               to delineate the area of cleanup; the                      sible time after discovery, but in no
                               wiping medium will be a gauze pad or                       case later than 24 hours after dis-
                               glass wool of known size which has                         covery.
                               been saturated with hexane. It is im-                         (ii) Where a spill directly contami-
                               portant that the wipe be performed                         nates grazing lands or vegetable gar-
                               very quickly after the hexane is ex-                       dens, as discussed under § 761.120(d), the
                               posed to air. EPA strongly recommends                      responsible party shall notify the ap-
                               that the gauze (or glass wool) be pre-                     propriate EPA regional office (the Of-
                               pared with hexane in the laboratory                        fice of Prevention, Pesticides and
                               and that the wiping medium be stored                       Toxic Substances Branch) and proceed
                               in sealed glass vials until it is used for                 with the immediate requirements spec-
                               the wipe test. Further, EPA requires                       ified under paragraph (b) or (c) of this
                               the collection and testing of field                        section, depending on the source of the
                               blanks and replicates.                                     spill, in the shortest possible time after
                                                                                          discovery, but in no case later than 24
                               [52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19,
                               1987]
                                                                                          hours after discovery.
                                                                                             (iii) Where a spill exceeds 10 pounds
                               § 761.125 Requirements for PCB spill                       of PCBs by weight and is not addressed
                                    cleanup.                                              in paragraph (a)(1) (i) or (ii) of this sec-
                                  (a) General. Unless expressly limited,                  tion, the responsible party will notify
                               the reporting, disposal, and precleanup                    the appropriate EPA regional office
                               sampling requirements in paragraphs                        (Pesticides and Toxic Substances
                               (a) (1) through (3) of this section apply                  Branch) and proceed to decontaminate
                               to all spills of PCBs at concentrations                    the spill area in accordance with this
                               of 50 ppm or greater which are subject                     TSCA policy in the shortest possible
                               to     decontamination      requirements                   time after discovery, but in no case
                               under TSCA, including those spills list-                   later than 24 hours after discovery.
                               ed under § 761.120(b) which are excluded                      (iv) Spills of 10 pounds or less, which
                               from the cleanup standards at para-                        are not addressed in paragraph (a)(1) (i)
                               graphs (b) and (c) of this section.                        or (ii) of this section, must be cleaned
                                  (1) Reporting requirements. The report-                 up in accordance with this policy (in
                               ing in paragraphs (a)(1) (i) through (iv)                  order to avoid EPA enforcement liabil-
                               of this section is required in addition                    ity), but notification of EPA is not re-
                               to applicable reporting requirements                       quired.

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                               Environmental Protection Agency                                                                  § 761.125

                                  (2) Disposal of cleanup debris and mate-                time lapse due to other emergency, has
                               rials. All concentrated soils, solvents,                   left insufficient visible traces, the re-
                               rags, and other materials resulting                        sponsible party must use a statistically
                               from the cleanup of PCBs under this                        based sampling scheme to determine
                               policy shall be properly stored, labeled,                  the spill boundaries as required under
                               and disposed of in accordance with the                     paragraph (a)(3) of this section.
                               provisions of subpart D of this part.                        (3) Records and certification. At the
                                  (3) Determination of spill boundaries in                completion of cleanup, the responsible
                               the absence of visible traces. For spills                  party shall document the cleanup with
                               where there are insufficient visible                       records and certification of decon-
                               traces yet there is evidence of a leak or                  tamination. The records and certifi-
                               spill, the boundaries of the spill are to                  cation must be maintained for a period
                               be determined by using a statistically                     of 5 years. The records and certifi-
                               based sampling scheme.                                     cation shall consist of the following:
                                  (b) Requirements for cleanup of low-                      (i) Identification of the source of the
                               concentration spills which involve less
                                                                                          spill (e.g., type of equipment).
                               than 1 pound of PCBs by weight (less
                                                                                            (ii) Estimated or actual date and
                               than 270 gallons of untested mineral oil)—
                               (1) Decontamination requirements. Spills                   time of the spill occurrence.
                               of less than 270 gallons of untested                         (iii) The date and time cleanup was
                               mineral oil, low-concentration PCBs,                       completed or terminated (if cleanup
                               as defined under § 761.123, which involve                  was delayed by emergency or adverse
                               less than 1 pound of PCBs by weight                        weather: the nature and duration of
                               (e.g., less than 270 gallons of untested                   the delay).
                               mineral oil containing less than 500                         (iv) A brief description of the spill lo-
                               ppm PCBs) shall be cleaned in the fol-                     cation.
                               lowing manner:                                               (v) Precleanup sampling data used to
                                  (i) Solid surfaces must be double                       establish the spill boundaries if re-
                               washed/rinsed       (as    defined    under                quired because of insufficient visible
                               § 761.123); except that all indoor, resi-                  traces, and a brief description of the
                               dential surfaces other than vault areas                    sampling methodology used to estab-
                               must be cleaned to 10 micrograms per                       lish the spill boundaries.
                               100 square centimeters (10 µ g/100 cm2)                      (vi) A brief description of the solid
                               by standard commercial wipe tests.                         surfaces cleaned and of the double
                                  (ii) All soil within the spill area (i.e.,              wash/rinse method used.
                               visible traces of soil and a buffer of 1                     (vii) Approximate depth of soil exca-
                               lateral foot around the visible traces)                    vation and the amount of soil removed.
                               must be excavated, and the ground be                         (viii) A certification statement
                               restored to its original configuration                     signed by the responsible party stating
                               by back-filling with clean soil (i.e.,                     that the cleanup requirements have
                               containing less than 1 ppm PCBs).
                                                                                          been met and that the information con-
                                  (iii) Requirements of paragraphs
                                                                                          tained in the record is true to the best
                               (b)(1) (i) and (ii) of this section must be
                                                                                          of his/her knowledge.
                               completed within 48 hours after the re-
                               sponsible party was notified or became                       (ix) While not required for compli-
                               aware of the spill.                                        ance with this policy, the following in-
                                  (2) Effect of emergency or adverse                      formation would be useful if main-
                               weather. Completion of cleanup may be                      tained in the records:
                               delayed beyond 48 hours in case of cir-                      (A) Additional pre- or post-cleanup
                               cumstances including but not limited                       sampling.
                               to, civil emergency, adverse weather                         (B) The estimated cost of the cleanup
                               conditions, lack of access to the site,                    by man-hours, dollars, or both.
                               and emergency operating conditions.                          (c) Requirements for cleanup of high-
                               The occurrence of a spill on a weekend                     concentration spills and low-concentra-
                               or overtime costs are not acceptable                       tion spills involving 1 pound or more
                               reasons to delay response. Completion                      PCBs by weight (270 gallons or more of
                               of cleanup may be delayed only for the                     untested mineral oil). Cleanup of low-
                               duration of the adverse conditions. If                     concentration spills involving 1 lb or
                               the adverse weather conditions, or                         more PCBs by weight and of all spills

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                               § 761.125                                                               40 CFR Ch. I (7–1–01 Edition)

                               of materials other than low-concentra-                     on soil and other media, such as gravel,
                               tion materials shall be considered com-                    sand, oyster shells, etc.
                               plete if all of the immediate require-                       (v) If there has been a delay in reach-
                               ments, cleanup standards, sampling,                        ing the site and there are insufficient
                               and recordkeeping requirements of                          visible traces of PCBs remaining at the
                               paragraphs (c) (1) through (5) of this                     spill site, the responsible party must
                               section are met.                                           estimate (based on the amount of ma-
                                 (1) Immediate requirements. The four                     terial missing from the equipment or
                               actions in paragraphs (c)(1) (i) through                   container) the area of the spill and im-
                               (iv) of this section must be taken as                      mediately cordon off the area of sus-
                               quickly as possible and within no more                     pect contamination. The responsible
                               than 24 hours (or within 48 hours for                      party must then utilize a statistically
                               PCB Transformers) after the respon-                        based sampling scheme to identify the
                               sible party was notified or became                         boundaries of the spill area as soon as
                               aware of the spill, except that actions                    practicable.
                               described in paragraphs (c)(1) (ii)                          (vi) Although this policy requires
                               through (iv) of this section can be de-                    certain immediate actions, as de-
                               layed beyond 24 hours if circumstances                     scribed in paragraphs (c)(1)(i) through
                               (e.g., civil emergency, hurricane, tor-                    (iv) of this section, EPA is not placing
                               nado, or other similar adverse weather                     a time limit on completion of the
                               conditions, lack of access due to phys-                    cleanup effort since the time required
                               ical impossibility, or emergency oper-                     for completion will vary from case to
                               ating conditions) so require for the du-                   case. However, EPA expects that de-
                               ration of the adverse conditions. The                      contamination        will  be    achieved
                               occurrence of a spill on a weekend or                      promptly in all cases and will consider
                               overtime costs are not acceptable rea-                     promptness of completion in deter-
                               sons to delay response. Owners of                          mining whether the responsible party
                               spilled PCBs who have delayed cleanup                      made good faith efforts to clean up in
                               because of these types of circumstances                    accordance with this policy.
                               must keep records documenting the                            (2) Requirements for decontaminating
                               fact that circumstances precluded                          spills in outdoor electrical substations.
                               rapid response.                                            Spills which occur in outdoor electrical
                                 (i) The responsible party shall notify                   substations, as defined under § 761.123,
                               the EPA regional office and the NRC as                     shall be decontaminated in accordance
                               required by § 761.125(a)(1) or by other                    with paragraphs (c)(2) (i) and (ii) of this
                               applicable statutes.                                       section. Conformance to the cleanup
                                 (ii) The responsible party shall effec-                  standards under paragraphs (c)(2) (i)
                               tively cordon off or otherwise delineate                   and (ii) of this section shall be verified
                               and restrict an area encompassing any                      by post-cleanup sampling as specified
                               visible traces plus a 3-foot buffer and                    under § 761.130. At such times as out-
                               place clearly visible signs advising per-                  door electrical substations are con-
                               sons to avoid the area to minimize the                     verted to another use, the spill site
                               spread of contamination as well as the                     shall be cleaned up to the nonrestricted
                               potential for human exposure.                              access requirements under paragraph
                                 (iii) The responsible party shall                        (c)(4) of this section.
                               record and document the area of visible                      (i) Contaminated solid surfaces (both
                               contamination, noting the extent of                        impervious and non-impervious) shall
                               the visible trace areas and the center                     be cleaned to a PCB concentration of
                               of the visible trace area. If there are no                 100 micrograms (µ g)/100 square centi-
                               visible traces, the responsible party                      meters (cm2) (as measured by standard
                               shall record this fact and contact the                     wipe tests).
                               regional office of the EPA for guidance                      (ii) At the option of the responsible
                               in completing statistical sampling of                      party, soil contaminated by the spill
                               the spill area to establish spill bound-                   will be cleaned either to 25 ppm PCBs
                               aries.                                                     by weight, or to 50 ppm PCBs by weight
                                 (iv) The responsible party shall ini-                    provided that a label or notice is visi-
                               tiate cleanup of all visible traces of the                 bly placed in the area. Upon dem-
                               fluid on hard surfaces and initiate re-                    onstration by the responsible party
                               moval of all visible traces of the spill                   that cleanup to 25 ppm or 50 ppm will

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                               Environmental Protection Agency                                                                  § 761.125

                               jeopardize the integrity of the elec-                      paragraphs (c)(4) (i) through (v) of this
                               trical equipment at the substation, the                    section. Conformance to the cleanup
                               EPA regional office may establish an                       standards at paragraphs (c)(4) (i)
                               alternative cleanup method or level                        through (v) of this section shall be
                               and place the responsible party on a                       verified by postcleanup sampling as
                               reasonably timely schedule for comple-                     specified under § 761.130.
                               tion of cleanup.                                             (i) Furnishings, toys, and other eas-
                                 (3) Requirements for decontaminating                     ily replaceable household items shall
                               spills in other restricted access areas.                   be disposed of in accordance with the
                               Spills which occur in restricted access                    provisions of subpart D of this part and
                               locations other than outdoor electrical                    replaced by the responsible party.
                               substations, as defined under § 761.123,                     (ii) Indoor solid surfaces and high-
                               shall be decontaminated in accordance                      contact outdoor solid surfaces, defined
                               with paragraphs (c)(3) (i) through (v) of                  as high contact residential/commercial
                               this section. Conformance to the clean-                    surfaces under § 761.123, shall be cleaned
                               up standards in paragraphs (c)(3) (i)                      to 10 µ g/100 cm2 (as measured by stand-
                               through (v) of this section shall be                       ard wipe tests).
                               verified by postcleanup sampling as                          (iii) Indoor vault areas and low-con-
                               specified under § 761.130. At such times                   tact, outdoor, impervious solid surfaces
                               as restricted access areas other than                      shall be decontaminated to 10 µ g/100
                               outdoor electrical substations are con-
                                                                                          cm2.
                               verted to another use, the spill site
                                                                                            (iv) At the option of the responsible
                               shall be cleaned up to the nonrestricted
                                                                                          party, low-contact, outdoor, nonimper-
                               access area requirements of paragraph
                                                                                          vious solid surfaces shall be either
                               (c)(4) of this section.
                                                                                          cleaned to 10 µ g/100 cm2 or cleaned to
                                 (i) High-contact solid surfaces, as de-
                                                                                          100 µ g/100 cm2 and encapsulated. The
                               fined under § 761.163 shall be cleaned to
                                                                                          Regional Administrator, however, re-
                               10 µ g/100 cm2 (as measured by standard
                                                                                          tains the authority to disallow the en-
                               wipe tests).
                                                                                          capsulation option for a particular spill
                                 (ii) Low-contact, indoor, impervious
                                                                                          situation upon finding that the uncer-
                               solid surfaces will be decontaminated
                                                                                          tainties associated with that option
                               to 10 µ g/100 cm2.
                                                                                          pose special concerns at that site. That
                                 (iii) At the option of the responsible
                                                                                          is, the Regional Administrator would
                               party, low-contact, indoor, nonimpervi-
                                                                                          not permit encapsulation if he/she de-
                               ous surfaces will be cleaned either to 10
                                                                                          termined that if the encapsulation
                               µ g/100 cm2 or to 100 µ g/100 cm2 and en-
                                                                                          failed the failure would create an im-
                               capsulated. The Regional Adminis-
                                                                                          minent hazard at the site.
                               trator, however, retains the authority
                               to disallow the encapsulation option                         (v) Soil contaminated by the spill
                               for a particular spill situation upon                      will be decontaminated to 10 ppm PCBs
                               finding that the uncertainties associ-                     by weight provided that soil is exca-
                               ated with that option pose special con-                    vated to a minimum depth of 10 inches.
                               cerns at that site. That is, the Re-                       The excavated soil will be replaced
                               gional Administrator would not permit                      with clean soil, i.e., containing less
                               encapsulation if he/she determined that                    than 1 ppm PCBs, and the spill site will
                               if the encapsulation failed the failure                    be restored (e.g., replacement of turf).
                               would create an imminent hazard at                           (5) Records. The responsible party
                               the site.                                                  shall document the cleanup with
                                 (iv) Low-contact, outdoor surfaces                       records      of   decontamination.     The
                               (both impervious and nonimpervious)                        records must be maintained for a pe-
                               shall be cleaned to 100 µg/100 cm2.                        riod of 5 years. The records and certifi-
                                 (v) Soil contaminated by the spill                       cation shall consist of the following:
                               will be cleaned to 25 ppm PCBs by                            (i) Identification of the source of the
                               weight.                                                    spill, e.g., type of equipment.
                                 (4) Requirements for decontaminating                       (ii) Estimated or actual date and
                               spills in nonrestricted access areas. Spills               time of the spill occurrence.
                               which occur in nonrestricted access lo-                      (iii) The date and time cleanup was
                               cations, as defined under § 761.123, shall                 completed or terminated (if cleanup
                               be decontaminated in accordance with                       was delayed by emergency or adverse

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                               § 761.130                                                               40 CFR Ch. I (7–1–01 Edition)

                               weather: the nature and duration of                          (d) The sampling scheme must in-
                               the delay).                                                clude calculation for expected varia-
                                  (iv) A brief description of the spill lo-               bility due to analytical error.
                               cation and the nature of the materials                       (e) EPA recommends the use of a
                               contaminated. This information should                      sampling scheme developed by the Mid-
                               include whether the spill occurred in                      west Research Institute (MRI) for use
                               an outdoor electrical substation, other                    in    EPA    enforcement     inspections:
                               restricted access location, or in a non-                   ‘‘Verification of PCB Spill Cleanup by
                               restricted access area.                                    Sampling and Analysis.’’ Guidance for
                                  (v) Precleanup sampling data used to                    the use of this sampling scheme is
                               establish the spill boundaries if re-                      available in the MRI report ‘‘Field
                               quired because of insufficient visible                     Manual for Grid Sampling of PCB Spill
                               traces and a brief description of the                      Sites to Verify Cleanup.’’ Both the MRI
                               sampling methodology used to estab-                        sampling scheme and the guidance doc-
                               lish the spill boundaries.                                 ument are available from the Director,
                                  (vi) A brief description of the solid                   Environmental Assistance Division
                               surfaces cleaned.                                          (7408), Office of Pollution Prevention
                                  (vii) Approximate depth of soil exca-                   and Toxics, U.S. Environmental Pro-
                               vation and the amount of soil removed.                     tection Agency, Room E–543B, 1200
                                  (viii) Postcleanup verification sam-                    Pennsylvania Ave., NW., Washington,
                               pling data and, if not otherwise appar-                    DC 20460, Telephone: (202) 554–1404,
                               ent from the documentation, a brief de-                    TDD: (202) 544–0551. The major advan-
                               scription of the sampling methodology                      tage of this sampling scheme is that it
                               and analytical technique used.                             is designed to characterize the degree
                                  (ix) While not required for compli-                     of contamination within the entire
                               ance with this policy, information on                      sampling area with a high degree of
                               the estimated cost of cleanup (by man-                     confidence while using fewer samples
                               hours, dollars, or both) would be useful                   than any other grid or random sam-
                               if maintained in the records.                              pling scheme. This sampling scheme
                               [52 FR 10705, Apr. 2, 1987, as amended at 53
                                                                                          also allows some sites to be character-
                               FR 40884, Oct. 19, 1988; 63 FR 35461, June 29,             ized on the basis of composite samples.
                               1998]                                                        (f) EPA may, at its discretion, take
                                                                                          samples from any spill site. If EPA’s
                               § 761.130      Sampling requirements.                      sampling indicates that the remaining
                                  Postcleanup sampling is required to                     concentration level exceeds the re-
                               verify the level of cleanup under                          quired level, EPA will require further
                               § 761.125(c) (2) through (4). The respon-                  cleanup. For this purpose, the numer-
                               sible party may use any statistically                      ical level of cleanup required for spills
                               valid, reproducible, sampling scheme                       cleaned in accordance with § 761.125(b)
                               (either random samples or grid sam-                        is deemed to be the equivalent of nu-
                               ples) provided that the requirements of                    merical cleanup requirements required
                               paragraphs (a) and (b) of this section                     for cleanups under § 761.125(c) (2)
                               are satisfied.                                             through (4). Using its best engineering
                                  (a) The sampling area is the greater                    judgment, EPA may sample a statis-
                               of (1) an area equal to the area cleaned                   tically valid random or grid sampling
                               plus an additional 1-foot boundary, or                     technique, or both. When using engi-
                               (2) an area 20 percent larger than the                     neering judgment or random ‘‘grab’’
                               original area of contamination.                            samples, EPA will take into account
                                  (b) The sampling scheme must ensure                     that there are limits on the power of a
                               95 percent confidence against false                        grab sample to dispute statistically
                               positives.                                                 based sampling of the type required of
                                  (c) The number of samples must be                       the responsible party. EPA head-
                               sufficient to ensure that areas of con-                    quarters will provide guidance to the
                               tamination of a radius of 2 feet or more                   EPA regions on the degree of certainty
                               within the sampling area will be de-                       associated with various grab sample re-
                               tected, except that the minimum num-                       sults.
                               ber of samples is 3 and the maximum                        [52 FR 10705, Apr. 2, 1987, as amended at 60
                               number of samples is 40.                                   FR 34465, July 3, 1995]

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                               Environmental Protection Agency                                                                   § 761.180

                               § 761.135 Effect of compliance with                         least 45 kilograms (99.4 pounds) of
                                    this policy and enforcement.                           PCBs contained in PCB Container(s), or
                                  (a) Although a spill of material con-                    one or more PCB Transformers, or 50 or
                               taining 50 ppm or greater PCBs is con-                      more PCB Large High or Low Voltage
                               sidered improper PCB disposal, this                         Capacitors shall develop and maintain
                               policy establishes requirements that                        at the facility, or a central facility pro-
                               EPA considers to be adequate cleanup                        vided they are maintained at that fa-
                               of the spilled PCBs. Cleanup in accord-                     cility, all annual records and the writ-
                               ance with this policy means compli-                         ten annual document log of the disposi-
                               ance with the procedural as well as the                     tion of PCBs and PCB Items. The writ-
                               numerical requirements of this policy.                      ten annual document log must be pre-
                               Compliance with this policy creates a                       pared for each facility by July 1 cov-
                               presumption against both enforcement                        ering the previous calendar year (Janu-
                               action for penalties and the need for                       ary through December). The annual
                               further cleanup under TSCA. The                             document log shall be maintained for
                               Agency reserves the right, however, to                      at least 3 years after the facility ceases
                               initiate appropriate action to compel                       using or storing PCBs and PCB Items
                               cleanup where, upon review of the                           in the quantities prescribed in this
                               records of cleanup or EPA sampling                          paragraph. Annual records (manifests
                               following cleanup, EPA finds that the                       and certificates of disposal) shall be
                               decontamination levels in the policy                        maintained for the same period. The
                               have not been achieved. The Agency                          annual records and the annual docu-
                               also reserves the right to seek pen-                        ment log shall be available for inspec-
                               alties where the Agency believes that                       tion at the facility where they are
                               the responsible party has not made a                        maintained by authorized representa-
                               good faith effort to comply with all                        tives of EPA during normal business
                               provisions of this policy, such as                          hours, and each owner or operator of a
                               prompt notification of EPA of a spill,                      facility subject to these requirements
                               recordkeeping, etc.                                         shall know the location of these
                                  (b) EPA’s exercise of enforcement                        records. All records and annual docu-
                               discretion does not preclude enforce-                       ments required to be prepared and
                               ment action under other provisions of                       maintained by this section prior to
                               TSCA or any other Federal statute.                          February 5, 1990 shall continue to be
                               This includes, even in cases where the                      maintained at the facility for the same
                               numerical decontamination levels set                        time as the annual records and the an-
                               forth in this policy have been met, civil                   nual document log. The annual docu-
                               or criminal action for penalties where                      ment required for 1989 shall cover the
                               EPA believes the spill to have been the                     period from January 1, 1989 to Feb-
                               result of gross negligence or knowing                       ruary 5, 1990.
                               violation.                                                     (1) The annual records shall include
                                                                                           the following:
                                                                                              (i) All signed manifests generated by
                                           Subparts H–I [Reserved]                         the facility during the calendar year.
                                                                                              (ii) All Certificates of Disposal that
                                 Subpart J—General Records and                             have been received by the facility dur-
                                            Reports                                        ing the calendar year.
                                                                                              (iii) Records of inspections and clean-
                               § 761.180 Records and monitoring.                           ups performed in accordance with
                                  This section contains recordkeeping                      § 761.65(c)(5).
                               and reporting requirements that apply                          (2) The written annual document log
                               to PCBs, PCB Items, and PCB storage                         shall include the following:
                               and disposal facilities that are subject                       (i) The name, address, and EPA iden-
                               to the requirements of the part.                            tification number of the facility cov-
                                  (a) PCBs and PCB Items in service or                     ered by the annual document log and
                               projected for disposal. Beginning Feb-                      the calendar year covered by the an-
                               ruary 5, 1990, each owner or operator of                    nual document log.
                               a facility, other than a commercial                            (ii) The unique manifest number of
                               storer or a disposer of PCB waste,                          every manifest generated by the facil-
                               using or storing at any one time at                         ity during the calendar year, and from

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                               § 761.180                                                               40 CFR Ch. I (7–1–01 Edition)

                               each manifest and for unmanifested                            (iv) The total number of PCB Trans-
                               waste that may be stored at the facil-                     formers and total weight in kilograms
                               ity, the following information:                            of PCBs contained in the transformers
                                 (A) For bulk PCB waste (e.g., in a                       remaining in service at the end of the
                               tanker or truck), its weight in kilo-                      calendar year.
                               grams, the first date it was removed                          (v) The total number of Large High
                               from service for disposal, the date it                     or Low Voltage PCB Capacitors re-
                               was placed into transport for off-site                     maining in service at the end of the
                               storage or disposal, and the date of dis-                  calendar year.
                               posal, if known.                                              (vi) The total weight in kilograms of
                                 (B) The serial number (if available)                     any PCBs and PCB Items in PCB Con-
                               or other means of identifying each PCB                     tainers, including the identification of
                               Article (e.g., transformer or capacitor),                  container contents, remaining in serv-
                               the weight in kilograms of the PCB                         ice at the facility at the end of the cal-
                               waste in each transformer or capacitor,                    endar year.
                               the date it was removed from service                          (vii) For any PCBs or PCB item re-
                               for disposal, the date it was placed in                    ceived from or shipped to another facil-
                               transport for off-site storage or dis-                     ity owned or operated by the same gen-
                               posal, and the date of disposal, if                        erator, the information required under
                               known.                                                     paragraph         (a)(2)(ii)(A)   through
                                 (C) A unique number identifying each                     (a)(2)(ii)(D) of this section.
                               PCB Container, a description of the                           (viii) A record of each telephone call,
                               contents of each PCB Container, such                       or other means of verification agreed
                               as liquid, soil, cleanup debris, etc., in-                 upon by both parties, made to each des-
                               cluding the total weight of the mate-                      ignated commercial storer or des-
                               rial in kilograms in each PCB Con-                         ignated disposer to confirm receipt of
                               tainer, the first date material placed in                  PCB waste transported by an inde-
                               each PCB Container was removed from                        pendent transporter, as required by
                               service for disposal, and the date each                    § 761.208.
                               PCB Container was placed in transport                         (ix) Whenever a PCB Item, excluding
                               for off-site storage or disposal, and the                  small capacitors, with a concentration
                               date of disposal (if known).                               of ≥50 ppm is distributed in commerce
                                 (D) A unique number identifying each                     for reuse pursuant to § 761.20(c)(1), the
                               PCB Article Container, a description of                    name, address, and telephone number
                               the contents of each PCB Article Con-                      of the person to whom the item was
                               tainer, such as pipes, capacitors, elec-                   transferred, date of transfer, and the
                               tric motors, pumps, etc., including the                    serial number of the item or the inter-
                               total weight in kilograms of the con-                      nal identification number, if a serial
                               tent of each PCB Article Container, the                    number is not available, must be re-
                               first date a PCB Article placed in each                    corded in the annual document log.
                               PCB Article Container was removed                          The serial number or internal identi-
                               from service for disposal, and the date                    fication number shall be permanently
                               the PCB Article Container was placed                       marked on the equipment.
                               in transport for off-site storage or dis-                     (3) [Reserved]
                               posal, and the date of disposal (if                           (4) For purposes of this paragraph,
                               known.)                                                    PCB Voltage Regulators shall be re-
                                 (iii) The total number by specific                       corded as PCB Transformers.
                               type of PCB Articles and the total                            (b) Disposers and commercial storers of
                               weight in kilograms of PCBs in PCB                         PCB waste. Beginning February 5, 1990,
                               Articles, the total number of PCB Arti-                    each owner or operator of a facility (in-
                               cle Containers and total weight in kilo-                   cluding high efficiency boiler oper-
                               grams of the contents of PCB Article                       ations) used for the commercial stor-
                               Containers, the total number of PCB                        age or disposal of PCBs and PCB Items
                               Containers and the total weight in                         shall maintain annual records on the
                               kilograms of the contents of PCB Con-                      disposition of all PCBs and PCB items
                               tainers, and the total weight in kilo-                     at the facility and prepare and main-
                               grams of bulk PCB waste that was                           tain a written annual document log
                               placed into storage for disposal or dis-                   that includes the information required
                               posed during the calendar year.                            by paragraphs (b)(2) of this section for

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                               Environmental Protection Agency                                                                  § 761.180

                               PCBs and PCB Items that were handled                         (2) The written annual document log
                               as PCB waste at the facility. The writ-                    shall include the following:
                               ten annual document log shall be pre-                        (i) The name, address, and EPA iden-
                               pared by July 1 for the previous cal-                      tification number of the storage or dis-
                               endar year (January through Decem-                         posal facility covered by the annual
                               ber). The written annual document log                      document log and the calendar year
                               shall be maintained at each facility for                   covered by the annual document log.
                               at least 3 years after the facility is no                    (ii) For each manifest generated or
                               longer used for the storage or disposal                    received by the facility during the cal-
                               of PCBs and PCB Items except that, in                      endar year, the unique manifest num-
                               the case of chemical waste landfills,                      ber and the name and address of the fa-
                               the annual document log shall be main-                     cility that generated the manifest and
                               tained at least 20 years after the chem-                   the following information:
                               ical waste landfill is no longer used for                    (A) For bulk PCB waste (e.g., in a
                               the disposal of PCBs and PCB Items.                        tanker or truck), its weight in kilo-
                               The annual records shall be maintained                     grams, the first date PCB waste placed
                               for the same period. The annual                            in the tanker or truck was removed
                               records and written annual document                        from service for disposal, the date it
                               log shall be available at the facility for                 was received at the facility, the date it
                               inspection by authorized representa-                       was placed in transport for off-site dis-
                               tives of the EPA. All records and an-                      posal (if applicable), and the date of
                               nual documents required to be prepared                     disposal, (if known ).
                               and maintained by this section prior to                      (B) The serial number or other means
                               February 5, 1990 shall continue to be                      of identifying each PCB Article, not in
                               maintained at the facility for the same                    a PCB Container or PCB Article Con-
                               time as the annual records and the an-                     tainer, the weight in kilograms of the
                               nual document log. The annual docu-                        PCB waste in the PCB Article, the date
                               ment for 1989 shall cover the period                       it was removed from service for dis-
                               from January 1, 1989 to February 5,                        posal, the date it was received at the
                               1990. From the written annual docu-                        facility, the date it was placed in
                               ment log the owner or operator of a fa-                    transport for off-site disposal (if appli-
                               cility must prepare the annual report                      cable), and the date of disposal (if
                               containing the information required by                     known).
                               paragraphs (b)(3)(i) through (b)(3)(vi) of                   (C) The unique number assigned by
                               this section for PCBs and PCB Items                        the generator identifying each PCB
                               that were handled as PCB waste at the                      Container, a description of the con-
                               facility during the previous calendar                      tents of each PCB Container, such as
                               year (January through December). The                       liquid, soil, cleanup debris, etc., includ-
                               annual report must be submitted by                         ing the total weight of the PCB waste
                               July 15 of each year for the preceding                     in kilograms in each PCB Container,
                               calendar year. If the facility ceases                      the first date PCB waste placed in each
                               commercial PCB storage or disposal                         PCB Container was removed from serv-
                               operations, the owner or operator of                       ice for disposal, the date it was re-
                               the facility shall provide at least 60                     ceived at the facility, the date each
                               days advance written notice to the Re-                     PCB Container was placed in transport
                               gional Administrator for the region in                     for off-site storage or disposal (as ap-
                               which the facility is located of the date                  plicable), and the date the PCB Con-
                               the facility intends to begin closure. d                   tainer was disposed of (if known).
                                  (1) The annual records shall include                      (D) The unique number assigned by
                               the following:                                             the generator identifying each PCB Ar-
                                  (i) All signed manifests generated or                   ticle Container, a description of the
                               received at the facility during the cal-                   contents of each PCB Article Con-
                               endar year.                                                tainer, such as pipes, capacitors, elec-
                                  (ii) All Certificates of Disposal that                  tric motors, pumps, etc., including the
                               have been generated or received by the                     total weight in kilograms of the PCB
                               facility during the calendar year.                         waste in each PCB Article Container,
                                  (iii) Records of inspections and clean-                 the first date a PCB Article placed in
                               ups performed in accordance with                           each PCB Article Container was re-
                               § 761.65(c)(5).                                            moved from service for disposal, the

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                               § 761.180                                                               40 CFR Ch. I (7–1–01 Edition)

                               date it was received at the facility, the                    (iv) The total number of PCB Trans-
                               date each PCB Article Container was                        formers, the total number of PCB
                               placed in transport for off-site storage                   Large High or Low Voltage Capacitors,
                               or disposal (as applicable), and the date                  the total number of PCB Article Con-
                               the PCB Article Container was dis-                         tainers, and the total number of PCB
                               posed of (if known).                                       Containers in storage at the facility at
                                 (E) Disposers of PCB waste shall in-                     the beginning of the calendar year, re-
                               clude the confirmed date of disposal for                   ceived or generated at the facility,
                               items      in    paragraphs    (b)(2)(ii)(A)               transferred to another facility, or dis-
                               through (b)(2)(ii)(D) of this section.                     posed of at the facility during the cal-
                                 (iii) For any PCB waste disposed at a                    endar year. The information must be
                               facility that generated the PCB waste                      provided for each of these categories,
                               or any PCB waste that was not mani-                        as appropriate.
                               fested to the facility, the information
                                                                                            (v) The total weight in kilograms of
                               required under paragraph (b)(2)(ii)(A)
                                                                                          each of the following PCB categories:
                               through (b)(2)(ii)(E) of this section.
                                                                                          bulk PCB waste, PCB waste in PCB
                                 (3) The owner or operator of a PCB
                               disposal facility (including an owner or                   Transformers, PCB waste in PCB Large
                               operator who disposes of his/her own                       High or Low Voltage Capacitors, PCB
                               waste and does not receive or generate                     waste in PCB Article Containers, and
                               manifests) or a commercial storage fa-                     PCB waste in PCB Containers remain-
                               cility shall submit an annual report,                      ing in storage for disposal at the facil-
                               which briefly summarizes the records                       ity at the end of the calendar year.
                               and annual document log required to                          (vi) The total number of PCB Trans-
                               be maintained and prepared under                           formers, the total number of PCB
                               paragraphs (b)(1) and (b)(2) of this sec-                  Large High or Low Voltage Capacitors,
                               tion to the EPA Regional Adminis-                          the total number of PCB Article Con-
                               trator of the Region in which the facil-                   tainers, and the total number of PCB
                               ity is located by July 15 of each year,                    Containers remaining in storage for
                               beginning with July 15, 1991. The first                    disposal at the facility at the end of
                               annual report submitted on July 15,                        the calendar year.
                               1991, shall be for the period starting                       (vii) The requirement to submit an-
                               February 5, 1990, and ending December                      nual reports to the Regional Adminis-
                               31, 1990. The annual report shall con-                     trator continues until the submission
                               tain no confidential business informa-                     of the annual report for the calendar
                               tion. The annual report shall consist of                   year during which the facility ceases
                               the information listed in paragraphs                       PCB storage or disposal operations.
                               (b)(3)(i) through (b)(3)(vi) of this sec-                  Storage operations have not ceased
                               tion.                                                      until all PCB waste, including any PCB
                                 (i) The name, address, and EPA iden-                     waste generated during closure, has
                               tification number of the facility cov-                     been removed from the facility.
                               ered by the annual report for the cal-                       (4) Whenever a commercial storer of
                               endar year.
                                                                                          PCB waste accepts PCBs or PCB Items
                                 (ii) A list of the numbers of all signed
                                                                                          at his storage facility and transfers the
                               manifests of PCB waste initiated or re-
                                                                                          PCB waste off-site to another facility
                               ceived by the facility during that year.
                                                                                          for storage or disposal, the commercial
                                 (iii) The total weight in kilograms of
                                                                                          storer of PCB waste shall initiate a
                               bulk PCB waste, PCB waste in PCB
                               Transformers, PCB waste in PCB Large                       manifest under subpart K of this part
                               High or Low Voltage Capacitors, PCB                        for the transfer of PCBs or PCB Items
                               waste in PCB Article Containers, and                       to the next storage or disposal facility.
                               PCB waste in PCB Containers in stor-                          NOTE: Any requirements for weights in
                               age at the facility at the beginning of                    kilograms of PCBs may be calculated values
                                                                                          if the internal volume of PCBs in containers
                               the calendar year, received or gen-                        and transformers is known and included in
                               erated at the facility, transferred to                     the reports, together with any assumptions
                               another facility, or disposed of at the                    on the density of the PCBs contained in the
                               facility during the calendar year. The                     containers or tranformers. If the internal
                               information must be provided for each                      volume of PCBs is not known, a best esti-
                               of these categories, as appropriate.                       mate may be used.

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                               Environmental Protection Agency                                                                  § 761.180

                                  (5) For purposes of this paragraph,                     to the information required in para-
                               PCB Voltage Regulators shall be re-                        graph (b) of this section:
                               corded and reported as PCB Trans-                             (1) Any water analysis obtained in
                               formers.                                                   compliance with § 761.75(b)(6)(iii); and
                                  (c) Incineration facilities. Each owner                    (2) Any operations records including
                               or operator of a PCB incinerator facil-                    burial coordinates of wastes obtained
                               ity shall collect and maintain for a pe-                   in compliance with § 761.75(b)(8)(ii).
                               riod of 5 years from the date of collec-                      (e) High efficiency boiler facilities.
                               tion the following information, in addi-                   Each owner or operator of a high effi-
                               tion to the information required in                        ciency boiler used for the disposal of
                               paragraph (b) of this section:                             liquids between 50 and 500 ppm PCB
                                  (1) When PCBs are being incinerated,                    shall collect and maintain for a period
                               the following continuous and short-in-                     of 5 years the following information, in
                               terval data:                                               addition to the information required in
                                  (i) Rate and quantity of PCBs fed to                    paragraph (b) of this section:
                               the combustion system as required in                          (1) For each month PCBs are burned
                               § 761.70(a)(3);                                            in the boiler the carbon monoxide and
                                  (ii) Temperature of the combustion                      excess     oxygen      data     required     in
                               process as required in § 761.70(a)(4); and                 § 761.71(a)(1)(viii) and § 761.71(b)(1)(viii);
                                  (iii) Stack emission product to in-                        (2) The quantity of PCBs burned each
                               clude O2, CO, and CO2 as required in                       month as required in § 761.71(a)(1)(vii)
                               § 761.70(a)(7).                                            and § 761.71(b)(1)(vii); and
                                  (2) When PCBs are being incinerated,                       (3) For each month PCBs (other than
                               data and records on the monitoring of                      mineral oil dielectric fluid) are burned,
                               stack     emissions    as     required  in                 chemical analysis data of the waste as
                               § 761.70(a)(6).                                            required in § 761.71(b)(2)(vi).
                                  (3) Total weight in kilograms of any                       (f) Retention of special records by stor-
                               solid residues generated by the inciner-                   age and disposal facilities. In addition to
                               ation of PCBs and PCB Items during                         the information required to be main-
                               the calendar year, the total weight in                     tained under paragraphs (b), (c), (d) and
                               kilograms of any solid residues dis-                       (e) of this section, each owner or oper-
                               posed of by the facility in chemical                       ator of a PCB storage or disposal facil-
                               waste landfills, and the total weight in                   ity (including high efficiency boiler op-
                               kilograms of any solid residues remain-                    erations) shall collect and maintain for
                               ing on the facility site.                                  the time period specified in paragraph
                                  (4) When PCBs and PCB Items are                         (b) of this section the following data:
                               being incinerated, additional periodic                        (1) All documents, correspondence,
                               data shall be collected and maintained                     and data that have been provided to
                               as specified by the Regional Adminis-                      the owner or operator of the facility by
                               trator pursuant to § 761.70(d)(4).                         any State or local government agency
                                  (5) Upon any suspension of the oper-                    and that pertain to the storage or dis-
                               ation of any incinerator pursuant to                       posal of PCBs and PCB Items at the fa-
                               § 761.70(a)(8), the owner or operator of                   cility.
                               such an incinerator shall prepare a doc-                      (2) All documents, correspondence,
                               ument. The document shall, at a min-                       and data that have been provided by
                               imum, include the date and time of the                     the owner or operator of the facility to
                               suspension and an explanation of the                       any State or local government agency
                               circumstances causing the suspension                       and that pertain to the storage or dis-
                               of operation. The document shall be                        posal of PCBs and PCB Items at the fa-
                               sent to the appropriate Regional Ad-                       cility.
                               ministrator within 30 days of any such                        (3) Any applications and related cor-
                               suspension.                                                respondence sent by the owner or oper-
                                  (d) Chemical waste landfill facilities.                 ator of the facility to any local, State,
                               Each owner or operator of a PCB chem-                      or Federal authorities in regard to
                               ical waste landfill facility shall collect                 waste water discharge permits, solid
                               and maintain until at least 20 years                       waste permits, building permits, or
                               after the chemical waste landfill is no                    other permits or authorizations such as
                               longer used for the disposal of PCBs                       those required by §§ 761.70(d) and
                               the following information in addition                      761.75(c).

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                               § 761.185                                                               40 CFR Ch. I (7–1–01 Edition)

                                  (g) Reclassification records. If you re-                ufacturing site is greater than 2 µg/g
                               classify electrical equipment using the                    for any resolvable gas chromatographic
                               procedures       in    § 761.30(a)(2)(v)  or               peak. Importers required to report by
                               § 761.30(h)(2)(v), you must keep records                   paragraph (a) of this section must
                               showing that you followed the required                     transmit a letter notifying EPA of the
                               reclassification      procedures.      Where               concentration of PCBs in imported
                               these procedures require testing, the                      products when the PCB concentration
                               records must include copies of pre- and                    of products being imported is greater
                               post-reclassification PCB concentra-                       than 2 µg/g for any resolvable gas
                               tion measurements from a laboratory                        chromatographic peak. Persons must
                               using quality control and quality as-                      also certify the following:
                               surance procedures. You must make                            (1) Their compliance with all applica-
                               these records available promptly to                        ble requirements of § 761.1(f), including
                               EPA or to any party possessing the                         any applicable requirements for air and
                               equipment through sale, loan, lease, or                    water releases and process waste dis-
                               for servicing. You must retain the                         posal.
                               records for at least 3 years after you                       (2) Whether determinations of com-
                               sell or dispose of the equipment.                          pliance are based on actual monitoring
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.          of PCB levels or on theoretical assess-
                               2605)                                                      ments.
                                                                                            (3) That such determinations of com-
                               [44 FR 31542, May 31, 1979. Redesignated at 47
                               FR 19527, May 6, 1982, and further redesig-
                                                                                          pliance are being maintained.
                               nated at 47 FR 37360, Aug. 25, 1982; 49 FR                   (4) If the determination of compli-
                               28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988;          ance is based on a theoretical assess-
                               54 FR 52750, Dec. 21, 1989; 55 FR 26205, June              ment, the letter must also notify EPA
                               27, 1990; 58 FR 34205, June 23, 1993; 63 FR                of the estimated PCB concentration
                               35461, June 29, 1998; 66 FR 17619, Apr. 2, 2001]           levels generated and released.
                                                                                            (c) Any person who reports pursuant
                               § 761.185 Certification program and re-
                                   tention of records by importers and                    to paragraph (a) of this section:
                                   persons generating PCBs in ex-                           (1) Must have performed either a the-
                                   cluded manufacturing processes.                        oretical analysis or actual monitoring
                                                                                          of PCB concentrations.
                                 (a) In addition to meeting the basic
                               requirements of § 761.1(f) and the defini-                   (2) Must maintain for a period of
                               tion of excluded manufacturing proc-                       three years after ceasing process oper-
                               esses at § 761.3, manufacturers with                       ations or importation, or for seven
                               processes    inadvertently    generating                   years, whichever is shorter, records
                               PCBs and importers of products con-                        containing the following information:
                               taining inadvertently generated PCBs                         (i) Theoretical analysis. Manufacturers
                               must report to EPA any excluded man-                       records must include: the reaction or
                               ufacturing process or imports for which                    reactions believed to be generating
                               the concentration of PCBs in products                      PCBs; the levels of PCBs generated;
                               leaving the manufacturing site or im-                      and the levels of PCBs released. Im-
                               ported is greater than 2 micrograms                        porters records must include: the reac-
                               per gram (2 µg/g, roughly 2 ppm) for                       tion or reactions believed to be gener-
                               any resolvable gas chromatographic                         ating PCBs and the levels of PCBs gen-
                               peak. Such reports must be filed by Oc-                    erated; the basis for all estimations of
                               tober 1, 1984 or, if no processes or im-                   PCB concentrations; and the name and
                               ports require reports at the time, with-                   qualifications of the person or persons
                               in 90 days of having processes or im-                      performing the theoretical analysis; or
                               ports for which such reports are re-                         (ii) Actual monitoring. (A) The method
                               quired.                                                    of analysis.
                                 (b) Manufacturers required to report                       (B) The results of the analysis, in-
                               by paragraph (a) of this section must                      cluding data from the Quality Assur-
                               transmit a letter notifying EPA of the                     ance Plan.
                               number, the type, and the location of                        (C) Description of the sample matrix.
                               excluded manufacturing processes in                          (D) The name of the analyst or ana-
                               which PCBs are generated when the                          lysts.
                               PCB level in products leaving any man-                       (E) The date and time of the analysis.

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                               Environmental Protection Agency                                                                  § 761.187

                                 (F) Numbers for the lots from which                        (g) This certification process must be
                               the samples are taken.                                     repeated whenever process conditions
                                 (d) The certification required by                        are significantly modified to make the
                               paragraph (b) of this section must be                      previous certification no longer valid.
                               signed by a responsible corporate offi-                    (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               cer. This certification must be main-                      2605)
                               tained by each facility or importer for
                                                                                          [49 FR 28191, July 10, 1984; 49 FR 33019, Aug.
                               a period of three years after ceasing                      20, 1984, as amended at 53 FR 12524, Apr. 15,
                               process operation or importation, or                       1988; 58 FR 34205, June 23, 1993; 59 FR 33697,
                               for seven years, whichever is shorter,                     June 30, 1994; 60 FR 34465, July 3, 1995]
                               and must be made available to EPA
                               upon request. For the purpose of this                      § 761.187 Reporting importers and by
                               section, a responsible corporate officer                        persons generating PCBs in ex-
                               means:                                                          cluded manufacturing processes.
                                 (1) A president, secretary, treasurer,                      In addition to meeting the basic re-
                               or vice-president of the corporation in                    quirements of § 761.1(f) and the defini-
                               charge of a principal business function,                   tion of excluded manufacturing process
                               or any other person who performs simi-                     at § 761.3, PCB-generating manufac-
                               lar policy or decision-making functions                    turing processes or importers of PCB-
                               for the corporation.                                       containing products shall be considered
                                 (2) The manager of one or more man-                      ‘‘excluded manufacturing processes’’
                               ufacturing, production, or operating fa-                   only when the following conditions are
                               cilities employing more than 250 per-                      met:
                               sons or having gross annual sales or ex-                      (a) Data are reported to the EPA by
                               penditures exceeding $25,000,000 (in sec-                  the owner/operator or importer con-
                               ond quarter 1980 dollars), if authority                    cerning the total quantity of PCBs in
                               to sign documents has been assigned or                     product from excluded manufacturing
                               delegated to the manager in accord-                        processes leaving any manufacturing
                               ance with corporate procedures.                            site in any calendar year when such
                                 (e) Any person signing a document                        quantity exceeds 0.0025 percent of that
                               under paragraph (d) of this section                        site’s rated capacity for such manufac-
                               shall also make the following certifi-                     turing processes as of October 1, 1984;
                               cation:                                                    or the total quantity of PCBs imported
                                                                                          in any calendar year when such quan-
                                 I certify under penalty of law that this                 tity exceeds 0.0025 percent of the aver-
                               document and all attachments were prepared                 age total quantity of such product con-
                               under my direction or supervision in accord-
                               ance with a system designed to assure that
                                                                                          taining PCBs imported by such im-
                               qualified personnel properly gather and                    porter during the years 1978, 1979, 1980,
                               evaluate information. Based on my inquiry                  1981 and 1982.
                               of the person or persons directly responsible                 (b) Data are reported to the EPA by
                               for gathering information, the information                 the owner/operator concerning the
                               is, to the best of my knowledge and belief,                total quantity of inadvertently gen-
                               true, accurate, and complete. I am aware                   erated PCBs released to the air from
                               that there are significant penalties for fal-              excluded manufacturing processes at
                               sifying information, including the possibility
                               of fines and imprisonment for knowing viola-
                                                                                          any manufacturing site in any calendar
                               tions.                                                     year when such quantity exceeds 10
                                                                                          pounds.
                               Dated: llllllllllllllllllll
                                                                                             (c) Data are reported to the EPA by
                               Signature: llllllllllllllllll
                                                                                          the owner/operator concerning the
                                 (f) This report must be submitted to                     total quantity of inadvertently gen-
                               the Document Control Office (7407), Of-                    erated PCBs released to water from ex-
                               fice of Pollution Prevention and                           cluded manufacturing processes from
                               Toxics, U.S. Environmental Protection                      any manufacturing site in any calendar
                               Agency, Room G–099, 1200 Pennsylvania                      year when such quantity exceeds 10
                               Ave., NW., Washington, DC 20460,                           pounds.
                               ATTN: PCB Notification. This report                           (d) These reports must be submitted
                               must be submitted by October 1, 1984 or                    to the Document Control Office (7407),
                               within 90 days of starting up processes                    Office of Pollution Prevention and
                               or commencing importation of PCBs.                         Toxics, U.S. Environmental Protection

                                                                                    637



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                               § 761.193                                                               40 CFR Ch. I (7–1–01 Edition)

                               Agency, Room G–099, 1200 Pennsylvania                      the notification procedures and form
                               Ave., NW., Washington, DC 20460,                           described in § 761.205. EPA will confirm
                               ATTN: PCB Notification.                                    the EPA identification number of fa-
                                                                                          cilities already assigned one, and will
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
                               2605)                                                      assign an EPA identification number
                                                                                          to facilities that do not have one.
                               [49 FR 28192, July 10, 1984, as amended at 53                 (b) Prohibitions. After June 4, 1990:
                               FR 12524, Apr. 15, 1988; 58 FR 34205, June 23,
                                                                                             (1) A generator of PCB waste shall
                               1993; 59 FR 33697, June 30, 1994; 60 FR 34465,
                               July 3, 1995]                                              not:
                                                                                             (i) Process, store, dispose of, trans-
                               § 761.193 Maintenance of monitoring                        port, or offer for transportation PCB
                                    records by persons who import,                        waste without having received an EPA
                                    manufacture, process, distribute in                   identification number from the Agen-
                                    commerce, or use chemicals con-                       cy. A generator of PCB waste who is
                                    taining inadvertently generated                       exempted from notification under
                                    PCBs.                                                 § 761.205(c)(1) or who notifies EPA in a
                                  (a) Persons who import, manufac-                        timely manner under § 761.205(c)(2)(i),
                               ture, process, distribute in commerce,                     but has not yet received a unique iden-
                               or use chemicals containing PCBs                           tification number, shall be regarded as
                               present as a result of inadvertent gen-                    having received from EPA the identi-
                               eration or recycling who perform any                       fication number ‘‘40 CFR PART 761.’’
                               actual monitoring of PCB concentra-                           (ii) Offer the PCB waste to trans-
                               tions must maintain records of any                         porters, disposers, or commercial stor-
                               such monitoring for a period of three                      ers of PCB waste who have not received
                               years after a process ceases operation                     an EPA identification number.
                               or importing ceases, or for seven years,                      (2) A transporter of PCB waste shall
                               whichever is shorter.                                      not:
                                  (b) Monitoring records maintained                          (i) Transport PCB waste without hav-
                               pursuant to paragraph (a) of this sec-                     ing received an EPA identification
                               tion must contain:                                         number from EPA.
                                  (1) The method of analysis.                                (ii) Deliver PCB waste to trans-
                                  (2) The results of the analysis, in-                    porters, disposers, or commercial stor-
                               cluding data from the Quality Assur-                       ers of PCB waste that have not re-
                               ance Plan.                                                 ceived an EPA identification number.
                                  (3) Description of the sample matrix.                      (3) A commercial storer of PCB waste
                                  (4) The name of the analyst or ana-                     shall not accept any PCB waste for
                               lysts.                                                     storage without having received an
                                  (5) The date and time of the analysis.                  EPA identification number from EPA.
                                  (6) Numbers for the lots from which                        (4) A disposer of PCB waste shall not
                               the samples are taken.                                     accept any PCB waste for disposal
                               (Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.          without having received an EPA identi-
                               2605)                                                      fication number from EPA. A disposer
                                                                                          of PCB waste who owns more than one
                               [49 FR 28193, July 10, 1984, as amended at 58
                                                                                          disposal facility or mobile treatment
                               FR 34205, June 23, 1993]
                                                                                          unit shall not accept waste unless the
                                                                                          disposer has received an EPA identi-
                                  Subpart K—PCB Waste Disposal                            fication number for each facility or
                                      Records and Reports                                 mobile unit.
                                                                                             (c) PCB waste handled prior to effective
                                 SOURCE: 54 FR 52752, Dec. 21, 1989, unless               date of this subpart. Generators (other
                               otherwise noted.                                           than generators exempt from notifica-
                                                                                          tion under § 761.205(c)(1)), commercial
                               § 761.202 EPA identification numbers.                      storers, transporters, and disposers of
                                  (a) General. Any generator, commer-                     PCB waste who are required to have
                               cial storer, transporter, or disposer of                   EPA identification numbers under this
                               PCB waste who is required to have an                       subpart, and who were engaged in PCB
                               EPA identification number under this                       waste handling activities on or prior to
                               subpart must notify EPA of his/her                         February 5, 1990, are not subject to the
                               PCB waste handling activities, using                       prohibitions of paragraph (b) of this

                                                                                    638



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                               Environmental Protection Agency                                                                  § 761.205

                               section if they have applied for an EPA                      (4) All of the following information
                               identification number in accordance                        shall be provided to EPA on Form 7710–
                               with the applicable notification proce-                    53:
                               dures of § 761.205. Such persons shall                       (i) The name of the facility, and the
                               use the EPA identification number ‘‘40                     name of the owner or operator of the
                               CFR PART 761,’’ or a number assigned                       facility.
                               to the persons by EPA or a State under                       (ii) EPA identification number, if
                               RCRA, until EPA issues to such per-                        any, previously issued to the facility.
                               sons a specific identification number                        (iii) The facility’s mailing address.
                               under § 761.205(a), (b), or (c).                             (iv) The location of the facility.
                                 (d) PCB waste first handled after effec-                   (v) The facility’s installation contact
                               tive date of this subpart. Generators                      and telephone number.
                                                                                            (vi) The type of PCB waste activity
                               (other than generators exempt from
                                                                                          engaged in at the facility.
                               notification under § 761.205(c)(1)), com-
                                                                                            (vii) Signature of the signer of the
                               mercial storers, transporters, and dis-
                                                                                          certification statement, typed or print-
                               posers of PCB waste who are required
                                                                                          ed name and official title of signer, and
                               to have EPA identification numbers                         date signed.
                               under this subpart, and who first en-                        (viii) EPA has determined that the
                               gage in PCB waste activities after Feb-                    information in paragraphs (a)(4)(i)
                               ruary 5, 1990, are subject to the prohibi-                 through (a)(4)(vii) of this section shall
                               tions in paragraph (b) of this section.                    not be treated as confidential business
                                                                                          information. This information will be
                               § 761.205 Notification of PCB waste ac-                    disclosed to the public without further
                                   tivity (EPA Form 7710–53).
                                                                                          notice to the submitter unless the sub-
                                 (a)(1) All commercial storers, trans-                    mitter provides a written justification
                               porters, and disposers of PCB waste                        (submitted with the notification form)
                               who were engaged in PCB waste han-                         which demonstrates extraordinary rea-
                               dling activities on or prior to February                   sons why the information should be en-
                               5, 1990 shall notify EPA of their PCB                      titled to confidential treatment.
                               waste activities by filing EPA Form                          (b) Generators (other than those gen-
                               7710–53 with EPA by no later than April                    erators exempt from notification under
                               4, 1990. Upon receiving the notification                   paragraph (c)(1) of this section), com-
                               form, EPA will assign an EPA identi-                       mercial storers, transporters, and dis-
                               fication number to each entity that no-                    posers of PCB waste who have pre-
                               tifies.                                                    viously notified EPA or a State of haz-
                                 (2) All generators (other than genera-                   ardous waste activities under RCRA
                               tors exempt from notification under                        shall notify EPA of their PCB waste
                               paragraph (c)(1) of this section), com-                    activities under this part by filing EPA
                                                                                          Form 7710–53 with EPA by no later
                               mercial storers, transporters, and dis-
                                                                                          than April 4, 1990. The notification
                               posers of PCB waste who first engage
                                                                                          shall include the EPA identification
                               in PCB waste handling activities after
                                                                                          number previously issued by EPA or
                               February 5, 1990, shall notify EPA of
                                                                                          the State and upon receipt of the noti-
                               their PCB waste activities by filing                       fication, EPA shall verify and author-
                               EPA Form 7710–53 with EPA prior to                         ize the use of the previously issued
                               engaging in PCB waste handling activi-                     identification number for PCB waste
                               ties.                                                      activities.
                                 (3) Any person required to notify                          (c)(1) Generators of PCB waste need
                               EPA under this section shall file with                     not notify EPA and receive unique
                               EPA Form 7710–53. Copies of EPA Form                       EPA identification numbers under this
                               7710–53 are available from the Oper-                       section, unless their PCB waste activi-
                               ation Branch (7404), Office of Pollution                   ties are described in paragraph (c)(2) of
                               Prevention and Toxics, Environmental                       this section. Generators exempted from
                               Protection Agency, 401 M St. SW.,                          notifying EPA under this paragraph
                               Washington, DC 20460. Descriptive in-                      shall use the generic identification
                               formation and instructions for filling                     number ‘‘40 CFR PART 761’’ on the
                               in the form are included in paragraphs                     manifests, records, and reports which
                               (a)(4) (i) through (vii) of this section.                  they shall prepare under this subpart,

                                                                                    639



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                               § 761.207                                                               40 CFR Ch. I (7–1–01 Edition)

                               unless such generators elect to use a                      waste handling activity and now wish-
                               unique EPA identification number pre-                      es to engage in another PCB waste ac-
                               viously assigned to them under RCRA                        tivity (e.g., previously only commer-
                               by EPA or a State.                                         cially stored PCB waste and now wish-
                                  (2) Generators of PCB waste who use,                    es to transport PCB waste).
                               own, service, or process PCBs or PCB
                                                                                          [54 FR 52752, Dec. 21, 1989, as amended at 58
                               Items shall notify EPA of their PCB
                                                                                          FR 15809, Mar. 24, 1993; 58 FR 34205, June 23,
                               waste activities only if they own or op-                   1993; 59 FR 33697, June 30, 1994; 63 FR 35461,
                               erate PCB storage facilities subject to                    June 29, 1998]
                               the storage requirements of § 761.65 (b)
                               or (c)(7). Such generators shall notify                    § 761.207 The manifest—general                 re-
                               EPA in the following manner:                                   quirements.
                                  (i) Generators storing PCB waste sub-
                                                                                            (a) A generator who relinquishes con-
                               ject to the storage requirements of
                                                                                          trol over PCB wastes by transporting,
                               § 761.65 (b) or (c)(7) shall notify EPA by
                                                                                          or offering for transport by his own ve-
                               filing EPA Form 7710–53 with EPA by
                                                                                          hicle or by a vehicle owned by another
                               no later than April 4, 1990.
                                                                                          person, PCB waste for commercial off-
                                  (ii) Generators who desire to com-
                                                                                          site storage or off-site disposal shall
                               mence storage of PCB waste after Feb-
                                                                                          prepare a manifest on EPA Form 8700–
                               ruary 5, 1990 shall notify EPA and re-
                                                                                          22, and if necessary, a continuation
                               ceive an EPA identification number be-
                                                                                          sheet. The generator shall specify:
                               fore they may commence storage of
                                                                                            (1) For each bulk load of PCBs, the
                               PCBs at their facilities established
                                                                                          identity of the PCB waste, the earliest
                               under § 761.65 (b) or (c)(7).
                                                                                          date of removal from service for dis-
                                  (iii) A separate notification shall be
                                                                                          posal, and the weight in kilograms of
                               submitted to EPA for each PCB storage
                                                                                          the PCB waste.
                               facility owned or operated by genera-
                               tors of PCB waste. Upon receiving                            (2) For each PCB Article Container or
                               these notifications, EPA will assign                       PCB Container, the unique identifying
                               generators unique EPA identification                       number, type of PCB waste (e.g., soil,
                               numbers for each storage facility noti-                    debris, small capacitors), earliest date
                               fying EPA under this section.                              of removal from service for disposal,
                                  (d) Persons required to notify under                    and weight in kilograms of the PCB
                               this section shall file EPA Form 7710–53                   waste contained.
                               with EPA by mailing the form to the                          (3) For each PCB Article not in a
                               following address: Chief, Operation                        PCB Container or PCB Article Con-
                               Branch (7404), Office of Pollution Pre-                    tainer, the serial number if available,
                               vention and Toxics, Environmental                          or other identification if there is no se-
                               Protection Agency, 1200 Pennsylvania                       rial number, the date of removal from
                               Ave., NW., Washington, DC 20460.                           service for disposal, and weight in kilo-
                                  (e) The requirements under this sec-                    grams of the PCB waste in each PCB
                               tion to notify EPA and obtain EPA                          Article.
                               identification numbers shall in no case                      (b) EPA does not maintain supplies of
                               excuse compliance by any person sub-                       printed copies of Form 8700–22 for pub-
                               ject to the 1-year limit on storage prior                  lic use, although printed copies of the
                               to disposal under § 761.65(a).                             manifest may be available from State
                                  (f) When a facility has previously no-                  offices. Camera-ready copies of the
                               tified EPA of its PCB waste handling                       form are available for printing pur-
                               activities using EPA Form 7710-53 and                      poses from State offices, EPA Regional
                               those activities change, the facility                      Offices, and EPA Headquarters.
                               must resubmit EPA Form 7710-53 to re-                        (c) If the State to which the ship-
                               flect those changes no later than 30                       ment is manifested (i.e., consignment
                               days from when a change is made. Ex-                       State) supplies the manifest and re-
                               amples of when a PCB waste handler                         quires its use, then the generator must
                               must renotify the Agency include, but                      use that manifest.
                               are not limited to the following: the                        (d) If the consignment State does not
                               company changes location of the facil-                     supply the manifest, but the State in
                               ity; or the company had notified solely                    which the generator is located (i.e.,
                               as engaging in a certain type of PCB                       generator State) supplies the manifest

                                                                                    640



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                               Environmental Protection Agency                                                                  § 761.208

                               and requires its use, then the generator                   500 ppm PCBs, or materials decontami-
                               must use that State’s manifest.                            nated in accordance with § 761.79.
                                  (e) If both the consignment State and                   [54 FR 52752, Dec. 21, 1989, as amended at 63
                               the generator State supply manifests                       FR 35461, June 29, 1998]
                               and require their use, the generator
                               must use the consignment State’s                           § 761.208 Use of the manifest.
                               manifest.                                                     (a)(1) The generator of PCB waste
                                  (f) If neither the generator State nor                  shall:
                               the consignment State supplies the                            (i) Sign the manifest certification by
                               manifest, the generator may obtain the                     hand.
                               manifest from any source.                                     (ii) Obtain the handwritten signature
                                  (g) A generator shall designate on the                  of the initial transporter and date of
                               manifest one off-site commercial stor-                     acceptance on the manifest.
                               age or disposal facility approved under                       (iii) Retain one copy among its
                               this part for the commercial storage or                    records in accordance with § 761.209(a).
                               disposal of the PCBs and PCB Items de-                        (iv) Give to the transporter the re-
                               scribed on the manifest.                                   maining copies of the manifest that
                                  (h) If the transporter is unable to de-                 will accompany the shipment of PCB
                               liver the PCB waste to the designated                      waste.
                               disposer or commercial storer, the                            (2) For bulk shipments of PCB waste
                               transporter must contact the generator                     within the United States transported
                               of the PCB waste for instructions. The                     solely by water, the generator shall
                               generator shall either designate an-                       send three copies of the manifest dated
                                                                                          and signed in accordance with this sec-
                               other approved disposer or commercial
                                                                                          tion directly to the owner or operator
                               storer, or instruct the transporter to
                                                                                          of the designated commercial storage
                               return the PCB waste back to the gen-
                                                                                          or disposal facility. Copies of the mani-
                               erator.
                                                                                          fest are not required for each trans-
                                  (i) The manifest which accompanies                      porter.
                               the PCB waste shall consist of at a                           (3) For rail shipments of PCB waste
                               minimum the number of copies re-                           within the United States which origi-
                               quired to provide the generator, the                       nate at the site of generation, the gen-
                               initial transporter, each subsequent                       erator shall send at least three copies
                               transporter, and the owner or operator                     of the manifest dated and signed in ac-
                               of the designated commercial storage                       cordance with this section to:
                               or disposal facility with one legible                         (i) The next non-rail transporter, if
                               copy each for their records, and one ad-                   any.
                               ditional copy to be returned to the gen-                      (ii) The designated commercial stor-
                               erator by the owner or operator of the                     age or disposal facility if transported
                               first designated commercial storage or                     solely by rail.
                               disposal facility.                                            (4) When a generator has employed
                                  (j) The requirements of this section                    an independent transporter to trans-
                               apply only to PCB wastes as defined in                     port the PCB waste to a commercial
                               § 761.3. This includes PCB wastes with                     storer or disposer, the generator shall
                               PCB concentrations below 50 ppm                            confirm by telephone, or by other
                               where the PCB concentration below 50                       means of confirmation agreed to by
                               ppm was the result of dilution; these                      both parties, that the commercial stor-
                               PCB wastes are required under § 761.1(b)                   er or disposer actually received the
                               to be managed as if they contained                         manifested waste. The generator shall
                               PCB concentrations of 50 ppm and                           confirm receipt of the waste by close of
                               above. An example of such a PCB waste                      business the day after he receives the
                               is spill cleanup material containing <50                   manifest hand-signed by the commer-
                               ppm PCBs when the spill involved ma-                       cial storer or disposer, in accordance
                               terial containing PCBs at a concentra-                     with paragraph (c)(1)(iv) of this sec-
                               tion of ≥50 ppm. However, there is no                      tion. If the generator has not received
                               manifest requirement for material cur-                     the hand-signed manifest within 35
                               rently below 50 ppm which derives from                     days after the independent transporter
                               pre-April 18, 1978, spills of any con-                     accepted the PCB waste, the generator
                               centration, pre-July 2, 1979, spills of <                  shall telephone, or communicate with

                                                                                    641



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                               § 761.208                                                               40 CFR Ch. I (7–1–01 Edition)

                               by some other agreed-upon means, the                       the owner or operator of the designated
                               disposer or commercial storer to deter-                    commercial storage or disposal facility
                               mine whether the PCB waste has actu-                       on the manifest.
                               ally been received. If the PCB waste                          (ii) Retain one copy of the manifest
                               has not been received, the generator                       in accordance with § 761.209(b).
                               shall contact the independent trans-                          (iii) Give the remaining copies of the
                               porter to determine the disposition of                     manifest to the accepting transporter
                               the PCB waste. If the generator has not                    of PCB waste, or to the designated
                               received a hand-signed manifest from                       commercial storage or disposal facil-
                               an EPA-approved facility within 10                         ity.
                               days from the date of the telephone                           (5) The requirements of paragraphs
                               call or other agreed upon means of                         (b) (3) and (4) of this section shall not
                               communication, to the independent                          apply to transporters of bulk ship-
                               transporter, the generator shall submit                    ments by water if all of the following
                               an exception report to the EPA Re-                         conditions are met:
                               gional Administrator for the Region in
                                                                                             (i) The PCB waste is delivered by
                               which the generator is located, as spec-
                                                                                          water (bulk shipment) to the des-
                               ified in § 761.215. The generator shall re-
                                                                                          ignated commercial storage or disposal
                               tain a written record of all telephone
                                                                                          facility.
                               or other confirmations to be included
                                                                                             (ii) A shipping paper containing all
                               in the annual document log, in accord-
                                                                                          the information required on the mani-
                               ance with § 761.180.
                                                                                          fest (excluding EPA identification
                                  (b)(1) A transporter shall not accept
                                                                                          number, generator certification, and
                               PCB waste from a generator unless it is
                                                                                          signatures) accompanies the PCB
                               accompanied by a manifest signed by
                                                                                          waste.
                               the generator in accordance with para-
                               graph (a)(1) of this section, except that                     (iii) The transporter delivering the
                               a manifest is not required if any one of                   PCB waste obtains the date of delivery
                               the following conditions exists:                           and handwritten signature of the
                                  (i) The shipment of PCB waste con-                      owner or operator of the designated
                               sists solely of PCB wastes with PCB                        commercial storage or disposal facility
                               concentrations below 50 ppm, unless                        on either the manifest or the shipping
                               the PCB concentration below 50 ppm                         paper.
                               was the result of dilution, in which                          (iv) The person delivering the PCB
                               case § 761.1(b) requires that the waste                    waste to the initial water (bulk ship-
                               be managed as if it contained PCBs at                      ment) transporter obtains the date of
                               the concentration prior to dilution.                       delivery and signature of the water
                                  (ii) The PCB waste is accepted by the                   (bulk shipment) transporter on the
                               transporter for transport only to a                        manifest and forwards it to the des-
                               storage or disposal facility owned or                      ignated facility.
                               operated by the generator of the PCB                          (v) A copy of the shipping paper or
                               waste.                                                     manifest is retained by each water
                                  (2) Before transporting the PCB                         (bulk shipment) transporter in accord-
                               waste, the transporter shall sign and                      ance with § 761.209(b).
                               date the manifest acknowledging ac-                           (6) For shipments involving rail
                               ceptance of the PCB waste from the                         transportation, the requirements of
                               generator. The transporter shall return                    paragraphs (b)(3) and (b)(4) of this sec-
                               a signed copy to the generator before                      tion shall not apply. Instead, the re-
                               leaving the generator’s facility.                          quirements described at § 263.20(f) of
                                  (3) The transporter shall ensure that                   this chapter for the rail transportation
                               the manifest accompanies the PCB                           of hazardous waste apply to such ship-
                               waste.                                                     ments. The rail transporter shall re-
                                  (4) A transporter who delivers PCB                      tain one copy of the manifest or rail
                               waste to another transporter, or to the                    shipping paper in accordance with
                               designated commercial storer or dis-                       § 761.209(b).
                               poser of PCB waste, shall:                                    (7) The transporter shall deliver the
                                  (i) Obtain the date of delivery and                     entire quantity of PCB waste accepted
                               the handwritten signature of the subse-                    from a generator or transporter to ei-
                               quent transporter of PCB waste, or of                      ther of the following destinations:

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                               Environmental Protection Agency                                                                  § 761.209

                                  (i) The designated commercial stor-                       (iii) Immediately give the rail or
                               age or disposal facility listed on the                     water transporter at least one copy of
                               manifest.                                                  the manifest or shipping paper, if ap-
                                  (ii) The next designated transporter                    plicable.
                               of PCB waste.                                                (iv) Within 30 days after the delivery,
                                  (8) If the PCB waste cannot be deliv-                   send a copy of the signed and dated
                               ered in accordance with paragraph                          manifest to the generator; however, if
                               (b)(7) of this section, the transporter                    the manifest has not been received
                               shall contact the generator for further                    within 30 days after delivery, the owner
                               directions and shall revise the manifest                   or operator shall send a copy of the
                               and/or return the PCB waste according                      shipping paper signed and dated to the
                               to the generator’s instructions.                           generator.
                                  (9) No provision of this section shall                    (v) Retain at the commercial storage
                               be construed to affect or limit the ap-                    or disposal facility a copy of the mani-
                               plicability of any requirement applica-                    fest and shipping paper, if signed in
                               ble to transporters of PCB waste under                     lieu of the manifest, in accordance
                               regulations issued by the Department                       with § 761.209(d).
                               of Transportation (DOT) and set forth                        (3) Whenever an off-site shipment of
                               at 49 CFR part 171.                                        PCB waste is initiated from a commer-
                                  (c)(1) If a commercial storage or dis-                  cial storage or disposal facility, the
                               posal facility receives an off-site ship-                  owner or operator of the commercial
                               ment of PCB waste accompanied by a                         storage or disposal facility shall com-
                               manifest, the owner or operator, or his                    ply with the manifest requirements
                               agent, shall:                                              that apply to generators of PCB waste.
                                  (i) Sign and date each copy of the                      § 761.209 Retention        of    manifest
                               manifest to certify that the PCB waste                          records.
                               covered by the manifest was received.
                                                                                             (a) A generator of PCB waste shall
                                  (ii) Note any significant discrep-
                                                                                          keep a copy of each manifest signed in
                               ancies in the manifest (as defined in
                                                                                          accordance with § 761.208(a)(1) until the
                               § 761.210(a)(1)) on each copy of the mani-
                                                                                          generator receives a signed copy from
                               fest.
                                                                                          the designated commercial storage or
                                  (iii) Immediately give the trans-                       disposal facility which received the
                               porter at least one copy of the signed                     PCB waste. The copy signed by the
                               manifest.                                                  commercial storer or disposer shall be
                                  (iv) Within 30 days after the delivery,                 retained for at least 3 years from the
                               send a copy of the manifest to the gen-                    date the PCB waste was accepted by
                               erator.                                                    the initial transporter. A generator
                                  (v) Retain a copy of each manifest                      subject to annual document require-
                               among the facility’s records in accord-                    ments under § 761.180 shall retain copies
                               ance with § 761.209(d).                                    of each manifest for the period re-
                                  (2) If a commercial storage or dis-                     quired by § 761.180(a).
                               posal facility receives PCB waste from                        (b)(1) A transporter of PCB waste
                               a rail or water (bulk shipment) trans-                     shall keep a copy of the manifest
                               porter accompanied by a shipping                           signed by the generator, transporter,
                               paper containing all the information                       and the next designated transporter, if
                               required on the manifest except the                        applicable, or the owner or operator of
                               EPA identification numbers, genera-                        the designated commercial storage or
                               tor’s certification, and signatures, the                   disposal facility. This copy shall be re-
                               owner or operator, or his agent, shall:                    tained for a period of at least 3 years
                                  (i) Sign and date each copy of the                      from the date the PCB waste was ac-
                               manifest or shipping paper to certify                      cepted by the initial transporter.
                               that the PCB waste covered by the                             (2) For shipments of PCB waste deliv-
                               manifest or shipping paper was re-                         ered to the designated commercial
                               ceived.                                                    storage or disposal facility by water
                                  (ii) Note any significant discrep-                      (bulk shipment), each water (bulk ship-
                               ancies in the manifest or shipping                         ment) transporter shall retain a copy
                               paper on each copy of the manifest or                      of the shipping paper described in
                               shipping paper.                                            § 761.208(b)(5)(ii) for a period of at least

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                               § 761.210                                                               40 CFR Ch. I (7–1–01 Edition)

                               3 years from the date the PCB waste                        the designated commercial storage or
                               was accepted by the initial transporter.                   disposal facility shall attempt to rec-
                                 (3) For shipments of PCB waste by                        oncile the discrepancy with the waste
                               rail within the United States:                             generator or transporter. If the dis-
                                 (i) The initial rail transporter shall                   crepancy is not resolved within 15 days
                               keep a copy of the manifest and the                        after receiving the PCB waste, such
                               shipping paper required to accompany                       owner or operator shall immediately
                               the PCB waste for a period of at least                     submit to the Regional Administrator
                               3 years from the date the PCB waste                        for the Region in which the designated
                               was accepted by the initial transporter.                   facility is located a letter describing
                                 (ii) The final rail transporter shall                    the discrepancy and attempts to rec-
                               keep a copy of the signed manifest, or                     oncile it, and a copy of the manifest or
                               the required shipping paper if signed by                   shipping paper at issue.
                               the designated facility in lieu of the
                               manifest, for a period of at least 3                       [54 FR 52752, Dec. 21, 1989, as amended at 58
                               years from the date the PCB waste was                      FR 34205, June 23, 1993]
                               accepted by the initial transporter.
                                 (c) The owner or operator of a PCB                       § 761.211    Unmanifested waste report.
                               commercial storage or disposal facility                      (a) After April 4, 1990, if a PCB com-
                               that receives off-site shipments of PCB                    mercial storage or disposal facility re-
                               waste shall retain at the facility for at                  ceives any shipment of PCB waste from
                               least 3 years a copy of each manifest or                   an off-site source without an accom-
                               shipping paper that the owner or oper-                     panying manifest or shipping paper
                               ator signs in accordance with § 761.208                    (where required in place of a manifest),
                               (c)(1) or (c)(3).                                          and any part of the shipment consists
                                 (d) The periods of record retention re-                  of any PCB waste regulated for dis-
                               quired by this section shall be extended                   posal, then the owner or operator of
                               automatically during the course of any
                                                                                          the commercial storage or disposal fa-
                               outstanding enforcement action re-
                                                                                          cility shall attempt to contact the gen-
                               garding the regulated activity.
                                                                                          erator, using information supplied by
                               [54 FR 52752, Dec. 21, 1989, as amended at 58              the transporter, to obtain a manifest
                               FR 34205, June 23, 1993]                                   or to return the PCB waste.
                               § 761.210 Manifest discrepancies.                            (b) If the owner or operator of the
                                                                                          commercial storage or disposal facility
                                  (a) Manifest discrepancies are dif-                     cannot contact the generator of the
                               ferences between the quantity or type                      PCB waste, he shall notify the Re-
                               of PCB waste designated on the mani-                       gional Administrator of the EPA re-
                               fest or shipping paper and the quantity                    gion in which his facility is located of
                               or type of PCB waste actually delivered                    the unmanifested PCB waste so that
                               to and received by a designated facil-                     the Regional Administrator can deter-
                               ity.                                                       mine whether further actions are re-
                                  (1) Significant discrepancies in quan-
                                                                                          quired before the owner or operator
                               tity are:
                                                                                          may     store    or   dispose    of   the
                                  (i) Variations greater than 10 percent
                                                                                          unmanifested PCB waste.
                               in weight of PCB waste in containers.
                                  (ii) Any variation in piece count,                        (c) Within 15 days after receiving the
                               such as a discrepancy of one PCB                           unmanifested PCB waste, the owner or
                               Transformer or PCB Container or PCB                        operator shall prepare and submit a re-
                               Article Container in a truckload.                          port to the Regional Administrator for
                                  (2) Significant discrepancies in type                   the Region in which the commercial
                               of PCB waste are obvious differences                       storage or disposal facility is located
                               which may be discovered by inspection                      and to the Regional Administrator for
                               or waste analysis, such as the substi-                     the Region in which the PCB waste
                               tution of solids for liquids or the sub-                   originated, if known. The report may
                               stitution of high concentration PCBs                       be submitted on EPA Form 8700–13B, or
                               (above 500 ppm) with lower concentra-                      by    a   written    letter    designated
                               tion materials.                                            ‘‘Unmanifested Waste Report.’’ The re-
                                  (b) Upon discovering a significant                      port shall include the following infor-
                               discrepancy, the owner or operator of                      mation:

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                               Environmental Protection Agency                                                                  § 761.215

                                 (1) The EPA identification number,                       explaining the efforts taken to locate
                               name, and address of the PCB commer-                       the PCB waste and the results of those
                               cial storage or disposal facility.                         efforts.
                                 (2) The date the commercial storage                        (c) A disposer of PCB waste shall sub-
                               or disposal facility received the                          mit a One-year Exception Report to
                               unmanifested PCB waste.                                    the EPA Regional Administrator for
                                 (3) The EPA identification number,                       the Region in which the disposal facil-
                               name, and address of the generator and                     ity is located no later than 45 days
                               transporter, if available.                                 from the end of the 1-year storage for
                                 (4) A description of the type and                        disposal date when the following oc-
                               quantity of the unmanifested PCB                           curs:
                               waste received at the facility.                              (1) The disposal facility receives
                                 (5) A brief explanation of why the
                                                                                          PCBs or PCB Items on a date more
                               waste was unmanifested, if known.
                                                                                          than 9 months from the date the PCBs
                                 (6) The disposition made of the
                                                                                          or PCB Items were removed from serv-
                               unmanifested waste by the commercial
                                                                                          ice for disposal, as indicated on the
                               storage or disposal facility, including:
                                 (i) If the waste was stored or disposed                  manifest or continuation sheet; and
                               by that facility, was the generator                          (2) Because of contractual commit-
                               identified and was a manifest subse-                       ments or other factors affecting the fa-
                               quently supplied.                                          cility’s disposal capacity, the disposer
                                 (ii) If the waste was sent back to the                   of PCB waste could not dispose of the
                               generator, why and when.                                   affected PCBs or PCB Items within 1
                                                                                          year of the date of removal from serv-
                               [54 FR 52752, Dec. 21, 1989, as amended at 58              ice for disposal.
                               FR 34205, June 23, 1993]
                                                                                            (d) A generator or commercial storer
                               § 761.215 Exception reporting.                             of PCB waste who manifests PCBs or
                                                                                          PCB Items to a disposer of PCB waste
                                  (a) A generator of PCB waste, who
                                                                                          shall submit a One-year Exception Re-
                               does not receive a copy of the manifest
                                                                                          port to the EPA Regional Adminis-
                               with the handwritten signature of the
                               owner or operator of the designated                        trator for the Region in which the gen-
                               PCB commercial storage or disposal fa-                     erator or commercial storer is located
                               cility within 35 days of the date the                      no later than 45 days from the date the
                               waste was accepted by the initial                          following occurs:
                               transporter, shall immediately contact                       (1) The generator or commercial stor-
                               the transporter and/or the owner or op-                    er transferred the PCBs or PCB Items
                               erator of the designated facility to de-                   to the disposer of PCB waste on a date
                               termine the status of the PCB waste.                       within 9 months from the date of re-
                                  (b) A generator of PCB waste subject                    moval from service for disposal of the
                               to the manifesting requirements shall                      affected PCBs or PCB Items, as indi-
                               submit an Exception Report to the                          cated on the manifest or continuation
                               EPA Regional Administrator for the                         sheet; and
                               Region in which the generator is lo-                         (2) The generator or commercial stor-
                               cated if the generator has not received                    er either has not received within 13
                               a copy of the manifest with the hand                       months from the date of removal from
                               written signature of the owner or oper-                    service for disposal a Certificate of Dis-
                               ator of the designated facility within 45                  posal confirming the disposal of the af-
                               days of the date the waste was accept-                     fected PCBs or PCB Items, or the gen-
                               ed by the initial transporter. The ex-                     erator or commercial storer receives a
                               ception report shall be submitted to                       Certificate of Disposal confirming dis-
                               EPA no later than 45 days from the                         posal of the affected PCBs or PCB
                               date on which the generator should                         Items on a date more than 1 year after
                               have received the manifest. The Excep-                     the date of removal from service.
                               tion Report shall include the following:                     (e) The One-year Exception Report
                                  (1) A legible copy of the manifest for                  shall include:
                               which the generator does not have con-                       (1) A legible copy of any manifest or
                               firmation of delivery.                                     other written communication relevant
                                  (2) A cover letter signed by the gener-                 to the transfer and disposal of the af-
                               ator or his authorized representative                      fected PCBs or PCB Items.

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                               § 761.218                                                               40 CFR Ch. I (7–1–01 Edition)

                                  (2) A cover letter signed by the sub-                   fest was completed unless the gener-
                               mitter or an authorized representative                     ator and the disposer contractually
                               explaining:                                                agree to another time frame.
                                  (i) The date(s) when the PCBs or PCB                      (c) The disposal facility shall keep a
                               Items were removed from service for                        copy of each Certificate of Disposal
                               disposal.                                                  among the records that it retains
                                  (ii) The date(s) when the PCBs or                       under § 761.180(b).
                               PCB Items were received by the sub-                          (d)(1) Generators of PCB waste shall
                               mitter of the report, if applicable.
                                                                                          keep a copy of each Certificate of Dis-
                                  (iii) The date(s) when the affected
                                                                                          posal that they receive from disposers
                               PCBs or PCB Items were transferred to
                                                                                          of PCB waste among the records they
                               a designated disposal facility.
                                  (iv) The identity of the transporters,                  retain under § 761.180(a).
                               commercial storers, or disposers known                       (2) Commercial storers of PCB waste
                               to be involved with the transaction.                       shall keep a copy of each Certificate of
                                  (v) The reason, if known, for the                       Disposal that they receive from dis-
                               delay in bringing about the disposal of                    posers of PCB waste among the records
                               the affected PCBs or PCB Items within                      they retain under § 761.180(b).
                               1 year from the date of removal from                       [54 FR 52752, Dec. 21, 1984, as amended at 63
                               service for disposal.                                      FR 35462, June 29, 1998]
                                  (f) PCB/radioactive waste that is ex-
                               empt from the 1-year storage for dis-
                               posal     time      limit   pursuant      to                       Subpart L [Reserved]
                               § 761.65(a)(1) is also exempt from the ex-
                               ception reporting requirements of para-                    Subpart M—Determining a PCB
                               graphs (c), (d), and (e) of this section.                     Concentration for Purposes of
                               [54 FR 52752, Dec. 21, 1989, as amended at 55                 Abandonment or Disposal of
                               FR 26205, June 27, 1990; 58 FR 34205, June 23,                Natural Gas Pipeline: Select-
                               1993; 63 FR 35461, June 29, 1998]                             ing Sample Sites, Collecting
                               § 761.218 Certificate of disposal.                            Surface Samples, and Ana-
                                  (a) For each shipment of manifested
                                                                                             lyzing Standard PCB Wipe
                               PCB waste that the owner or operator                          Samples
                               of a disposal facility accepts by signing
                               the manifest, the owner or operator of                       SOURCE: 63 FR 35462, June 29, 1998, unless
                               the disposal facility shall prepare a                      otherwise noted.
                               Certificate of Disposal for the PCBs
                               and PCB Items disposed of at the facil-                    § 761.240    Scope and definitions.
                               ity, which shall include:                                    (a) Use these procedures to select
                                  (1) The identity of the disposal facil-                 surface sampling sites for natural gas
                               ity, by name, address, and EPA identi-                     pipe to determine its PCB surface con-
                               fication number.                                           centration for abandonment-in-place or
                                  (2) The identity of the PCB waste af-                   removal and disposal off-site in accord-
                               fected by the Certificate of Disposal in-                  ance with § 761.60(b)(5).
                               cluding reference to the manifest num-
                                                                                            (b) ‘‘Pipe segment’’ means a length of
                               ber for the shipment.
                                                                                          natural gas pipe that has been removed
                                  (3) A statement certifying the fact of
                               disposal of the identified PCB waste,                      from the pipeline system to be disposed
                               including the date(s) of disposal, and                     of or reused, and that is usually ap-
                               identifying the disposal process used.                     proximately 12.2 meters (40 feet) or
                                  (4) A certification as defined in                       shorter in length. Pipe segments are
                               § 761.3.                                                   usually linear.
                                  (b) The owner or operator of the dis-                     (c) ‘‘Pipeline section’’ means a length
                               posal facility shall send the Certificate                  of natural gas pipe that has been cut or
                               of Disposal to the generator identified                    otherwise separated from the active
                               on the manifest which accompanied the                      pipeline, usually for purposes of aban-
                               shipment of PCB waste within 30 days                       donment, and that is usually longer
                               of the date that disposal of each item                     than 12.2 meters in length. Pipeline
                               of PCB waste identified on the mani-                       sections may be branched.

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                               Environmental Protection Agency                                                                  § 761.247

                               § 761.243 Standard wipe sample meth-                       will sample from a length of pipe or
                                    od and size.                                          group of pipe segments, as follows:
                                  (a) Collect a surface sample from a                       (1) Do not sample a pipe segment
                               natural gas pipe segment or pipeline                       that is longer than 12.2 meters (40 feet).
                               section using a standard wipe test as                      If a segment is longer than 12.2 meters
                               defined in § 761.123. Detailed guidance                    in length, cut the segment so that all
                               for the entire wipe sampling process                       resulting segments are 12.2 meters or
                               appears in the document entitled                           less in length.
                               ‘‘Wipe Sampling and Double Wash/                             (2) Determine which pipe segments to
                               Rinse Cleanup as Recommended by the                        sample as follows:
                               Environmental Protection Agency PCB                          (i) When a length of pipe having
                               Spill Cleanup Policy,’’ dated June 23,                     seven or fewer segments is removed for
                               1987 and revised on April 18, 1991. This                   purposes of disposal, sample each pipe
                               document is available from the TSCA                        segment.
                               Assistance Information Service, Envi-                        (ii) When removing a length of pipe
                               ronmental Protection Agency, 1200                          having multiple contiguous segments
                               Pennsylvania Ave., NW., Washington,                        less than 3 miles in total length, take
                               DC 20460.                                                  samples from a total of seven seg-
                                  (b) Collect a surface sample from a                     ments.
                               minimum surface area of 100 cm2 at                           (A) Sample the first and last seg-
                               each sampling site selected. The EPA                       ments removed.
                               Regional Administrator may approve,                          (B) Select the five additional seg-
                               in writing, requests to collect a sample                   ments according to one of the two fol-
                               from smaller surface areas, when <100                      lowing procedures:
                               cm2 of surface eligible for sampling is                      (1) Assign all segments a unique se-
                               present; e.g., when sampling a small di-                   quential number. Then select five num-
                               ameter pipe, a small valve, or a small                     bers using a random number table or
                               regulator. When smaller surfaces are                       random number generator. If the ran-
                               sampled, convert the measurement to                        dom number generator or random num-
                               the equivalent measurement for 100                         ber table produces either the first pipe
                               cm2 for purposes of comparison to                          segment, the last pipe segment, or any
                               standards based on 100 cm2.                                previously selected segment, select an-
                                                                                          other random number until there are
                               § 761.247 Sample site selection for pipe                   seven different numbers, each cor-
                                    segment removal.                                      responding to a different pipe segment.
                                  (a) General. (1) Select the pipe seg-                     (2) Divide the total number of seg-
                               ments to be sampled by following the                       ments by six. Round the resulting
                               directions in paragraph (b) of this sec-                   quotient off to the nearest whole num-
                               tion.                                                      ber. The resulting number is the inter-
                                  (2) Locate the proper position along                    val between the segments you will
                               the length of the pipe segment that                        sample. For example, cut a 2.9 mile
                               you have selected for sampling, by fol-                    length of pipeline into 383 segments of
                               lowing the directions in paragraph (c)                     approximately 40 feet each. Sample the
                               of this section.                                           first (number 1) and last (number 383)
                                  (3) Select the proper sampling posi-                    segments. To determine which addi-
                               tion around the circumference of the                       tional five segments to sample, divide
                               pipe segment that you have selected                        the total number of segments, 383, by 6.
                               for sampling, by following the direc-                      Round up the resulting number in this
                               tions in paragraph (d) of this section.                    example, 63.8, to the next whole num-
                                  (4) Prior to removing pipe from the                     ber, 64. Add 64 to the number of each
                               ground or lifting the pipe from its loca-                  preceding pipe segment five separate
                               tion during former operations, mark                        times to select five additional pipe seg-
                               the top side of the pipe.                                  ments for sampling. In this example,
                                  (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.

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                               § 761.250                                                               40 CFR Ch. I (7–1–01 Edition)

                                 (iii) When removing a length of pipe                     ing the pipe from its location during
                               having multiple contiguous segments                        former operations, sample the inside
                               more than 3 miles in total length for                      center of the bottom of the pipe being
                               purposes of disposal, take samples of                      sampled. Make sure the sample is cen-
                               each segment that is 1⁄2 mile distant                      tered on the bottom of the pipe seg-
                               from the segment previously sampled.                       ment; that is, sample an equal area on
                               Sample a minimum of seven segments.                        both sides of the middle of the bottom
                                 (c) Selecting the sampling position—                     of the pipe segment for the entire
                               length. Select the sampling position                       length of the sample.
                               along the length of the pipe segment,                      [63 FR 35462, June 29, 1998, as amended at 64
                               as follows:                                                FR 33762, June 24, 1999]
                                 (1) Take samples at the end upstream
                               of the former gas flow of each segment                     § 761.250 Sample site selection for
                               removed.                                                        pipeline section abandonment.
                                 (2) If the pipe segment is cut with a                       This procedure is for the sample site
                               torch or other high temperature heat                       selection for a pipeline section to be
                               source, take the sample at least 15 cm                     abandoned,        in   accordance      with
                               (6 inches) inside the cut end of the pipe                  § 761.60(b)(5)(i)(B).
                               segment.                                                      (a) General. (1) Select sample collec-
                                 (3) If the pipe segment is cut with a                    tion sites in the pipeline section(s) by
                               saw or other mechanical device, take                       following the directions in paragraph
                               the sample at least 2 cm (1 inch) inside                   (b) of this section.
                               the end of the pipe segment.                                  (2) Select the proper sampling posi-
                                 (4) If the sample site location se-                      tion along the pipe by following the di-
                               lected in the procedure at paragraph                       rections in § 761.247 (c) and (d).
                               (c)(2) or (c)(3) of this section is a porous                  (3) Assure, by visual inspection, the
                               surface (for example, there is signifi-                    absence of free-flowing liquids in the
                               cant corrosion so that the wipe mate-                      pipe by affirming no liquids at all liq-
                               rial will be shredded), then move the                      uid collection points and all ends of the
                               sample site further inside the pipe seg-                   pipeline section to be abandoned.
                               ment (away from the end of the pipe or                        (b) Selection sample collection sites. At
                               pipe segment) until there is no such po-                   a minimum, sample all ends of all pipe-
                               rous surface. For purposes of this sub-                    line sections to be abandoned in place.
                               part, natural gas pipe with a thin po-                        (1) If the pipeline section to be aban-
                               rous corrosion preventive coating is a                     doned is between the pressure side of
                               non-porous surface.                                        one compressor station and the suction
                                 (5) If there is not a non-porous sur-                    side of the next compressor station
                               face accessible by paragraphs (c)(2) and                   downstream of the former gas flow, at
                               (c)(3) of this section, use one of the fol-                a minimum, sample all ends of the
                               lowing three options:                                      abandoned pipe.
                                 (i) Sample the downstream end of the                        (2) If the pipeline section to be aban-
                               pipe segment using the same sample                         doned is longer than the distance be-
                               site location procedure as for the up-                     tween the pressure side of one com-
                               stream end.                                                pressor station and the suction side of
                                 (ii) Select another pipe segment                         the next compressor station down-
                               using the random selection procedure                       stream of the former gas flow, divide
                               described in paragraph (b) of this sec-                    the pipeline section, for purposes of
                               tion.                                                      sampling, into smaller pipeline sec-
                                 (iii) If there is no other pipe segment                  tions no longer than the distance from
                               in the population to be sampled and                        the pressure side of one compressor
                               both ends of a pipe segment have po-                       station to the suction side of the next
                               rous surfaces at all possible sample col-                  compressor station downstream of the
                               lection sites, then assume that the pipe                   former gas flow. Consider each of the
                               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

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                               Environmental Protection Agency                                                                  § 761.265

                               other than the suction and pressure                        PCB surface concentration of the
                               side of compressor stations, or the ends                   unsampled segment to be the arith-
                               of the pipeline section to be abandoned.                   metic mean of the PCB surface con-
                                 (i) First, assign a unique identifying                   centrations measured in the two equi-
                               sequential number to each kilometer                        distant, sampled, pipe segments.
                               or fraction of a kilometer length of                         (b) For purposes of abandonment of a
                               pipe within the entire pipeline section.                   pipeline section, assume that the PCB
                                 (ii) Use a random number table or a                      surface concentration for an entire
                               random number generator to select                          pipeline section is the arithmetic mean
                               each representative sample collection                      of the PCB surface concentrations
                               site from a complete list of the sequen-                   measured at the ends of the pipeline
                               tial identification numbers.                               section. If additional representative
                                 (iii) Samples may be collected by re-                    samples were taken in a pipeline sec-
                               moving any covering soil, cutting the                      tion, assume that the PCB surface con-
                               pipe to gain access to the sampling lo-                    centration for the entire pipeline sec-
                               cation, and collecting the surface sam-                    tion is the arithmetic mean of the con-
                               ple with the pipe in place, rather than
                                                                                          centrations measured in all representa-
                               completely removing the pipeline sec-
                                                                                          tive samples taken.
                               tions to collect the surface sample.
                                                                                            (c) For purposes of removal for dis-
                               [63 FR 35462, June 29, 1998, as amended at 64              posal under § 761.60(b)(5)(ii)(A)(1) or
                               FR 33762, June 24, 1999]                                   abandonment under § 761.60(b)(5)(i)(B),
                               § 761.253 Chemical analysis.                               if the surface PCB concentration of a
                                                                                          pipe segment, determined by direct
                                  (a) Extract PCBs from the standard                      measurement or in accordance with
                               wipe sample collection medium and                          paragraph (a) of this section, or of a
                               clean-up the extracted PCBs in accord-                     pipeline section as determined in ac-
                               ance with either Method 3500B/3540C or                     cordance with paragraph (b) of this sec-
                               Method 3500B/3550B from EPA’s SW-846,                      tion, is >10 µg/100 cm2, but <100 µg/100
                               Test Methods for Evaluating Solid                          cm2, then that segment or section is
                               Waste, or a method validated under                         PCB-Contaminated.
                               subpart Q of this part. Use Method 8082
                               from SW-846, or a method validated
                               under subpart Q of this part, to analyze                   Subpart N—Cleanup Site Charac-
                               these extracts for PCBs.                                      terization Sampling for PCB
                                  (b) Report all PCB sample concentra-                       Remediation Waste in Ac-
                               tions in µg/100 cm2 (16 square inches) of                     cordance with § 761.61(a)(2)
                               surface sampled. If sampling an area
                               smaller than 100 cm2, report converted                       SOURCE: 63 FR 35464, June 29, 1998, unless
                               sample concentrations in accordance                        otherwise noted.
                               with § 761.243(b).
                                                                                          § 761.260    Applicability.
                               § 761.257 Determining the regulatory
                                    status of sampled pipe.                                 This subpart provides a method for
                                  (a) For purposes of removal for dis-                    collecting new data for characterizing
                               posal of a pipe segment that has been                      a PCB remediation waste cleanup site
                               sampled, the sample results for that                       or for assessing the sufficiency of exist-
                               segment determines its PCB surface                         ing site characterization data, as re-
                               concentration. Determine the PCB sur-                      quired by § 761.61(a)(2).
                               face concentration of a segment which
                                                                                          § 761.265 Sampling bulk PCB remedi-
                               was not sampled as follows:                                    ation waste and porous surfaces.
                                  (1) If the unsampled pipe segment is
                               between two pipe segments which have                         (a) Use a grid interval of 3 meters and
                               been      sampled,  assume    that the                     the procedures in §§ 761.283 and 761.286
                               unsampled segment has the same PCB                         to sample bulk PCB remediation waste
                               surface concentration as the nearest                       that is not in a container and porous
                               sampled pipe segment.                                      surfaces.
                                  (2) If an unsampled pipe segment is                       (b) Use the following procedures to
                               equidistant between two pipe segments                      sample bulk PCB remediation waste
                               which have been sampled, assume the                        that is in a single container.

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                               § 761.267                                                               40 CFR Ch. I (7–1–01 Edition)

                                 (1) Use a core sampler to collect a                      § 761.272 Chemical     extraction   and
                               minimum of one core sample for the                             analysis of samples.
                               entire depth of the waste at the center                       Use either Method 3500B/3540C or
                               of the container. Collect a minimum of                     Method 3500B/3550B from EPA’s SW-846,
                               50 cm3 of waste for analysis.                              Test Methods for Evaluating Solid
                                 (2) If more than one core sample is                      Waste, or a method validated under
                               taken, thoroughly mix all samples into                     subpart Q of this part, for chemical ex-
                               a composite sample. Take a subsample                       traction of PCBs from individual and
                               of a minimum of 50 cm3 from the mixed                      composite samples of PCB remediation
                               composite for analysis.                                    waste. Use Method 8082 from SW-846, or
                                 (c) Use the following procedures to                      a method validated under subpart Q of
                               sample bulk PCB remediation waste                          this part, to analyze these extracts for
                               that is in more than one container.                        PCBs.
                                 (1) Segregate the containers by type
                               (for example, a 55-gallon drum and a                       § 761.274 Reporting PCB concentra-
                               roll-off container are types of con-                            tions in samples.
                               tainers).                                                     (a) Report all sample concentrations
                                 (2) For fewer than three containers of                   for non-liquid PCBs on a dry weight
                               the same type, sample all containers.                      basis as micrograms of PCBs per gram
                                 (3) For more than three containers of                    of sample (ppm by weight). Report sur-
                               the same type, list the containers and                     face sampling results as µg/100 cm2. Di-
                               assign each container an unique se-                        vide 100 cm2 by the surface area and
                               quential number. Use a random number                       multiply this quotient by the total
                               generator or table to select a minimum                     number of micrograms of PCBs on the
                               of 10 percent of the containers from the                   surface to obtain the equivalent meas-
                               list, or select three containers, which-                   urement of micrograms per 100 cm2.
                               ever is the larger.                                           (b) Report all sample concentrations
                                 (4) Sample the selected container(s)                     for liquid PCBs on a wet weight basis
                               according to paragraph (b) of this sec-                    as micrograms of PCBs per gram of
                               tion.                                                      sample (ppm by weight).

                               § 761.267 Sampling non-porous sur-                         Subpart O—Sampling to Verify
                                    faces.
                                                                                             Completion of Self-Imple-
                                  (a) Sample large, nearly flat, non-po-                     menting Cleanup and On-Site
                               rous surfaces by dividing the surface
                               into roughly square portions approxi-
                                                                                             Disposal of Bulk PCB Remedi-
                               mately 2 meters on each side. Follow                          ation Waste and Porous Sur-
                               the procedures in § 761.302(a).                               faces in Accordance with
                                  (b) It is not necessary to sample                          § 761.61(a)(6)
                               small or irregularly shaped surfaces.
                                                                                            SOURCE: 63 FR 35465, June 29, 1998, unless
                               § 761.269 Sampling liquid PCB remedi-                      otherwise noted.
                                    ation waste.
                                  (a) If the liquid is single phase, col-                 § 761.280 Application and scope.
                               lect and analyze one sample. There are                        Follow the procedures in this subpart
                               no required procedures for collecting a                    when sampling to verify completion of
                               sample.                                                    the cleanup for self-implementing, on-
                                  (b) If the liquid is multi-phasic, sepa-                site disposal of bulk PCB remediation
                               rate the phases, and collect and ana-                      waste and porous surfaces consistent
                               lyze a sample from each liquid phase.                      with the levels of § 761.61(a)(4)(i) and
                               There are no required procedures for                       (iii). The objective of this subpart is
                               collecting a sample from each single                       not to search for new contamination.
                               phase liquid.                                              Confirmation of compliance with the
                                  (c) If the liquid has a non-liquid                      cleanup levels in § 761.61(a)(4) is only
                               phase which is >0.5 percent by total                       verifiable for the area sampled in ac-
                               weight of the waste, separate the non-                     cordance with this subpart. Do not
                               liquid phase from the liquid phase and                     make conclusions or extrapolations
                               sample it separately as a non-liquid in                    about PCB concentrations outside of
                               accordance with § 761.265.                                 the area which has been cleaned up and

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                               Environmental Protection Agency                                                                  § 761.283

                               verified based on the results of this                      ent the grid axes established in para-
                               verification sampling.                                     graph (b)(1)(i) of this section by moving
                                                                                          the origin one meter in the direction of
                               § 761.283 Determination of the number                      magnetic north and one meter in the
                                   of samples to collect and sample                       direction east of magnetic north.
                                   collection locations.
                                                                                            (2) Mark out a series of sampling
                                 This section addresses how to deter-                     points 1.5 meters apart oriented to the
                               mine the number of samples to collect                      grid axes. The sampling points shall
                               and sample collection locations for                        proceed in every direction to the ex-
                               bulk PCB remediation waste and po-                         tent sufficient to result in a two-di-
                               rous surfaces destined to remain at a                      mensional grid completely overlaying
                               cleanup site after cleanup.                                the sampling area.
                                 (a) Minimum number of samples. (1) At                      (3) Collect a sample at each point if
                               each separate cleanup site at a PCB re-                    the grid falls in the cleanup area. Ana-
                               mediation waste location, take a min-                      lyze all samples either individually or
                               imum of three samples for each type of                     according to the compositing schemes
                               bulk PCB remediation waste or porous                       provided in the procedures at § 761.289.
                               surface at the cleanup site, regardless                    So long as every sample collected at a
                               of the amount of each type of waste                        grid point is analyzed as either an indi-
                               that is present. There is no upper limit                   vidual sample or as part of a composite
                               to the number of samples required or                       sample, there are no other restrictions
                               allowed.                                                   on how many samples are analyzed.
                                 (2) This is an example of how to cal-
                                                                                            (c) Selection of sample locations—small
                               culate the minimum number of re-
                                                                                          cleanup sites. When a cleanup site is
                               quired samples at a PCB remediation
                                                                                          sufficiently small or irregularly shaped
                               waste location. There are three dis-
                                                                                          that a square grid with a grid interval
                               tinct cleanup sites at this example lo-
                                                                                          of 1.5 meters will not result in a min-
                               cation: a loading dock, a transformer
                                                                                          imum of three sampling points for each
                               storage lot, and a disposal pit. The
                               minimum number of samples to take                          type of bulk PCB remediation waste or
                               appears in parentheses after each type                     porous surface at the cleanup site,
                               of waste for each cleanup site. The PCB                    there are two options.
                               remediation wastes present at the load-                      (1) Use a smaller square grid interval
                               ing dock are concrete (three samples)                      and the procedures in paragraph (b) of
                               and clay soil (three samples). The non-                    this section.
                               liquid PCB remediation wastes present                        (2) Use the following coordinate-
                               at the transformer storage lot are oily                    based random sampling scheme. If the
                               soil (three samples), clay soil (three                     site is recleaned based on the results of
                               samples) and gravel (three samples).                       cleanup verification conducted in ac-
                               The PCB remediation wastes present at                      cordance with § 761.61(a)(6), follow the
                               the disposal pit are sandy soil (three                     procedures in this section for locating
                               samples), clay soil (three samples), oily                  sampling points after the recleaning,
                               soil (three samples), industrial sludge                    but select three new pairs of sampling
                               (three samples), and gravel (three sam-                    coordinates.
                               ples).                                                       (i) Beginning in the southwest corner
                                 (b) Selection of sample locations—gen-                   (lower left when facing magnetic
                               eral. (1)(i) Use a square-based grid sys-                  north) of the area to be sampled, meas-
                               tem to overlay the entire area to be                       ure in centimeters (or inches) the max-
                               sampled. Orient the grid axes on a                         imum magnetic north-south dimension
                               magnetic north-south line centered in                      of the area to be sampled. Next, begin-
                               the area and an east-west axis perpen-                     ning in the southwest corner, measure
                               dicular to the magnetic north-south                        in centimeters (or inches) the max-
                               axis also centered in the area.                            imum magnetic east-west dimension of
                                 (ii) If the site is recleaned based on                   the area to be sampled. Designate the
                               the results of cleanup verification con-                   north-south and east-west dimensions
                               ducted in accordance with § 761.61(a)(6),                  (describing the west and south bound-
                               follow the procedures in paragraph (b)                     aries, respectively, of the area to be
                               of this section for locating sampling                      sampled), as the reference axes of a
                               points after the recleaning, but reori-                    square-based grid system.

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                               § 761.286                                                               40 CFR Ch. I (7–1–01 Edition)

                                 (ii) Use a random number table or                        for a single chemical analysis. There
                               random number generator to select a                        are two procedures for compositing
                               pair of coordinates that will locate the                   bulk PCB remediation waste samples.
                               sample within the area to be sampled.                      These procedures are based on the
                               The first coordinate in the pair is the                    method for selecting sampling site lo-
                               measurement on the north-south axis.                       cations in § 761.283(b) and (c). The single
                               The second coordinate in the pair is                       chemical analysis of a composite sam-
                               the measurement on the east-west axis.                     ple results in an averaging of the con-
                               Collect the sample at the intersection                     centrations of its component samples.
                               of an east-west line drawn through the                     The area of inference of a composite is
                               measured spot on the north-south axis,                     determined by the area of inference of
                               and a north-south line drawn through                       each of its component samples as de-
                               the measured spot on the east-west                         scribed in § 761.283(d). Compositing is
                               axis. If the cleanup site is irregularly                   not       mandatory.       However,       if
                               shaped and this intersection falls out-                    compositing is used, it must be per-
                               side the cleanup site, select a new pair                   formed in accordance with the fol-
                               of sampling coordinates. Continue to                       lowing procedures.
                               select pairs of sampling coordinates                          (a) Compositing in the field or in a lab-
                               until three are selected for each type of                  oratory. Compositing may occur either
                               bulk PCB remediation waste or porous                       in the field or in a laboratory. Prepare
                               surface at the cleanup site.                               composite samples using equal volumes
                                 (d) Area of inference. Analytical re-                    of each constituent or component sam-
                               sults for an individual sample point                       ple. Composited samples must be from
                               apply to the sample point and to an                        the same type of bulk PCB remediation
                               area of inference extending to four                        waste or porous surface (see the exam-
                               imaginary lines parallel to the grid                       ple at § 761.283(a)(2)). Mix composite
                               axes and one half grid interval distant                    samples thoroughly. From each well-
                               from the sample point in four different                    mixed composite sample, take a por-
                               directions. The area of inference forms                    tion of sufficient weight for the chem-
                               a square around the sample point. The                      ical analyst to measure the concentra-
                               sides of the square are parallel to the                    tion of PCBs and still have sufficient
                               grid axes and one grid interval in                         analytical detection sensitivity to
                               length. The sample point is in the cen-                    reproducibly measure PCBs at the lev-
                               ter of the square area of inference. The                   els designated in § 761.61(a)(4).
                               area of inference from a composite                            (b)(1) Compositing from samples col-
                               sample is the total of the areas of the                    lected at grid points in accordance with
                               individual samples included in the                         § 761.283(b). There are two kinds of com-
                               composite.                                                 posite sampling procedures depending
                                                                                          on the original source of contamina-
                               § 761.286 Sample size and procedure                        tion of the site.
                                    for collecting a sample.                                 (i) The first procedure is for sites
                                  At each selected sampling location                      with multiple point sources of con-
                               for bulk PCB remediation waste or po-                      tamination (such as an old electrical
                               rous surfaces, collect at least 20 milli-                  equipment storage area, a scrap yard,
                               liters of waste, or a portion of suffi-                    or repair shop) or for unknown sources
                               cient weight for the chemical analyst                      of      contamination.      Under       this
                               to measure the concentration of PCBs                       compositing scheme, composite a max-
                               and still have sufficient analytical de-                   imum of nine samples for each type of
                               tection sensitivity to reproducibly                        bulk PCB remediation waste or porous
                               measure PCBs at the levels designated                      surface at the cleanup site. The max-
                               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.

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                               Environmental Protection Agency                                                                  § 761.295

                                 (ii) The second procedure is for a sin-                  subsequent compositing areas such
                               gle point source of contamination, such                    that all grid points in the initial
                               as discharge into a large containment                      compositing area and subsequent
                               area (e.g., pit, waste lagoon, or evapo-                   compositing areas are part of a com-
                               ration pond), or a leak onto soil from a                   posite or individual sample.
                               single drum or tank. Single point                            (2) A person may include in a single
                               source contamination may be from a                         composite sample a maximum of all
                               one-time or continuous contamination.                      nine grid points in the initial
                               Composites come from two stages: an                        compositing area. The maximum num-
                               initial compositing area centered in                       ber of grid points in a composite sam-
                               the area to be sampled, and subsequent                     ple     taken    from     a    subsequent
                               compositing areas forming concentric                       compositing area is eight. These eight
                               square zones around the initial                            grid points must be adjacent to one an-
                               compositing area. The center of the                        other in the subsequent compositing
                               initial compositing area and each of                       area, but need not be collinear.
                               the subsequent compositing areas is                          (2) Compositing from samples taken at
                               the origin of the grid axes.                               grid points or pairs of coordinates in ac-
                                 (A) Definition of the initial compositing                cordance with § 761.283(c). Samples col-
                               area. The initial compositing area is                      lected at small sites are based on se-
                               based on a square that contains nine                       lecting pairs of coordinates or using
                               grid points, is centered on the grid ori-                  the sample site selection procedure for
                               gin, and has sides two grid intervals                      grid sampling with a smaller grid in-
                               long. The initial compositing area has                     terval.
                               the same center as this square and
                                                                                            (i) Samples collected from a grid having
                               sides one half a grid interval more dis-
                                                                                          a smaller grid interval. Use the proce-
                               tant from the center than the square.
                                                                                          dure in paragraph (b)(1)(i) of this sec-
                               The initial compositing area has sides
                                                                                          tion to composite samples and deter-
                               three grid intervals long.
                                                                                          mine the area of inference for com-
                                 (B)     Definition     of      subsequent
                                                                                          posite samples.
                               compositing areas. Subsequent com-
                               posite sampling areas are in concentric                      (ii) Samples collected from pairs of co-
                               square zones one grid interval wide                        ordinates. All three samples must be
                               around the initial compositing area                        composited. The area of inference for
                               and around each successive subsequent                      the composite is the entire area sam-
                               compositing area. The inner boundary                       pled.
                               of the first subsequent compositing
                                                                                          § 761.292 Chemical     extraction  and
                               area is the outer boundary of the ini-                         analysis of individual samples and
                               tial compositing area. The outer                               composite samples.
                               boundary of the first subsequent
                               compositing area is centered on the                          Use either Method 3500B/3540C or
                               grid origin, has sides one grid interval                   Method 3500B/3550B from EPA’s SW-846,
                               more distant from the grid origin than                     Test Methods for Evaluating Solid
                               the inner boundary, and is two grid in-                    Waste, or a method validated under
                               tervals longer on a side than the inner                    subpart Q of this part, for chemical ex-
                               boundary. The inner boundary of each                       traction of PCBs from individual and
                               further subsequent compositing area is                     composite samples of PCB remediation
                               the outer boundary of the previous sub-                    waste. Use Method 8082 from SW-846, or
                               sequent compositing area. The outer                        a method validated under subpart Q of
                               boundary of each further subsequent                        this part, to analyze these extracts for
                               compositing area is centered on the                        PCBs.
                               grid origin, has sides one grid interval
                               more distant from the grid origin than                     § 761.295 Reporting and recordkeeping
                               the inner boundary, and is two grid in-                        of the PCB concentrations in sam-
                                                                                              ples.
                               tervals longer on a side than the inner
                               boundary.                                                    (a) Report all sample concentrations
                                 (C) Taking composite samples from the                    for bulk PCB remediation waste and
                               initial and subsequent compositing areas.                  porous surfaces on a dry weight basis
                               (1) Select composite sampling areas                        and as micrograms of PCBs per gram of
                               from the initial compositing area and                      sample (ppm by weight).

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                               § 761.298                                                               40 CFR Ch. I (7–1–01 Edition)

                                 (b) Record and keep on file for 3 years                  tified. Determine the sample location
                               the PCB concentration for each sample                      in each portion as directed in § 761.304.
                               or composite sample.                                          (1) For large nearly flat surfaces con-
                                                                                          taminated by a single source of PCBs
                               § 761.298 Decisions based on PCB con-                      with a uniform concentration, assign
                                    centration measurements resulting                     each 1 meter square surface a unique
                                    from sampling.                                        sequential number.
                                  (a) For grid samples which are chemi-                      (i) For three or fewer 1 meter square
                               cally analyzed individually, the PCB                       areas, sample all of the areas.
                               concentration applies to the area of in-                      (ii) For four or more 1 meter square
                               ference as described in § 761.283(d).                      areas, use a random number generator
                                  (b) For grid samples analyzed as part                   or table to select a minimum of 10 per-
                               of a composite sample, the PCB con-                        cent of the areas from the list, or to se-
                               centration applies to the area of infer-                   lect three areas, whichever is more.
                               ence of the composite sample as de-                           (2) For other large nearly flat sur-
                               scribed in § 761.283(d) (i.e., the area of                 faces, sample all of the one meter
                               inference is the total of the areas of                     square areas.
                               the individual samples included in the                        (b) Small or irregularly shaped surfaces.
                               composite).                                                For small surfaces having irregular
                                  (c) For coordinate pair samples ana-                    contours, such as hand tools, natural
                               lyzed as part of a composite sample, in                    gas pipeline valves, and most exterior
                               accordance with §§ 761.283(c)(2) and                       surfaces of machine tools, sample the
                               761.289(b)(2)(ii), the PCB concentration                   entire surface. Any person may select
                               applies to the entire cleanup site.                        sampling locations for small, nearly
                                                                                          flat surfaces in accordance with
                               Subpart P—Sampling Non-Porous                              § 761.308 with the exception that the
                                  Surfaces for Measurement-                               maximum area in § 761.308(a) is <1
                                  Based Use, Reuse, and On-                               meter square.
                                                                                             (c) Preparation of surfaces. Drain all
                                  Site or Off-Site Disposal Under                         free-flowing liquids from surfaces and
                                  § 761.61(a)(6) and Decon-                               brush off dust or loose grit.
                                  tamination                Under
                                  § 761.79(b)(3)                                          § 761.304 Determining sample location.
                                                                                             (a) For 1 square meter non-porous
                                 SOURCE: 63 FR 35467, June 29, 1998, unless               surface areas having the same size and
                               otherwise noted.                                           shape, it is permissible to sample the
                                                                                          same 10 cm by 10 cm location or posi-
                               § 761.300 Applicability.                                   tion in each identical 1 square meter
                                  This subpart provides sample site se-                   area. This location or position is deter-
                               lection procedures for large, nearly flat                  mined in accordance with § 761.306 or
                               non-porous surfaces, and for small or                      § 761.308.
                               irregularly shaped non-porous surfaces.                       (b) If some 1 square meter surfaces
                               This subpart also provides procedures                      for a larger non-porous surface area
                               for analyzing the samples and inter-                       have different sizes and shapes, sepa-
                               preting the results of the sampling.                       rately select the 10 cm by 10 cm sam-
                               Any person verifying completion of                         pling position for each different 1
                               self-implementing cleanup and on-site                      square meter surface in accordance
                               disposal of non-porous surfaces under                      with § 761.308.
                               § 761.61(a)(6), or verifying that decon-                      (c) If non-porous surfaces have been
                               tamination          standards      under                   cleaned and the cleaned surfaces do not
                               § 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

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                               Environmental Protection Agency                                                                  § 761.306

                               process until all resampling sites are                        (2) Selecting the second half:
                               different from any previous sampling                          (i) If the next selection of halves was
                               sites.                                                     left/right, the halves would be rectan-
                                                                                          gles four times as long as they are wide
                               § 761.306 Sampling 1 meter square sur-                     (1⁄4 meter wide and 1 meter high).
                                     faces by random selection of halves.                 Halves selected from top/bottom would
                                  (a) Divide each 1 meter square por-                     be square (1⁄2 meter on a side). There-
                               tion where it is necessary to collect a                    fore, select the next halves top/bottom,
                               surface wipe test sample into two equal                    because the shape of the top/bottom
                               (or as nearly equal as possible) halves.                   halves (square) is closer to the shape of
                               For example, divide the area into top                      a circle than the shape of the left/right
                               and bottom halves or left and right                        halves (long narrow rectangles).
                               halves. Choose the top/bottom or left/                        (ii) A coin flip selects the top half.
                               right division that produces halves                        The dimensions of this selected surface
                               having as close to the shape of a circle                   area are 1⁄2 meter high and 1⁄2 meter
                               as possible. For example, a square is                      wide.
                               closer to the shape of a circle than is a                     (3) Selecting the third half:
                               rectangle and a rectangle having a                            (i) Just as for the selection of the
                               length to width ratio of 2:1 is closer to                  first half, which divided the original
                               the shape of a circle than a rectangle                     square area, both the left/right and the
                               having a length to width ratio of 3:1.                     top/bottom halves have the same shape
                                  (b) Assign a unique identifier to each                  when compared to a circle (both are
                               half and then select one of the halves                     rectangles having the same dimen-
                               for further sampling with a random                         sions). Therefore, choose either left/
                               number generator or other device (i.e.,                    right or top/bottom halves. This exam-
                               by flipping a coin).                                       ple will select from left/right halves.
                                  (c) Continue selecting progressively                       (ii) A coin flip selects the right half.
                               smaller halves by dividing the pre-                        The dimensions of this selected surface
                               viously selected half, in accordance                       are 1⁄4 meter by 1⁄2 meter.
                               with paragraphs (a) and (b) of this sec-                      (4) Selecting the fourth half:
                               tion, until the final selected half is                        (i) If the next selection of halves was
                               larger than or equal to 100 cm2 and                        left/right, the halves would be rectan-
                               smaller than 200 cm2.                                      gles four times as long as they are wide
                                  (d) Perform a standard PCB wipe test                    (1⁄8 meter wide and 1⁄2 meter high.
                               on the final selected halves from each 1                   Halves selected from top/bottom would
                               meter square portion.                                      be square (1⁄4 meter on a side). There-
                                  (e) The following is an example of ap-                  fore, select the next halves top/bottom,
                               plying sampling by halves. Assume                          because the shape of the top/bottom
                               that the area to sample is a 1 meter                       halves (square) are closer to the shape
                               square surface area (a square that has                     of a circle than the shape of the left/
                               sides 1 meter long). Assign each half to                   right halves (long narrow rectangles).
                               one face of a coin. After flipping the                        (ii) A coin flip selects the bottom
                               coin, the half assigned to the face of                     half. The dimensions of this selected
                               the coin that is showing is the half se-                   surface area are 1⁄4 meter high and 1⁄4
                               lected.                                                    meter wide.
                                  (1) Selecting the first half:                              (5) Selecting the fifth half:
                                  (i) For a square shape the top/bottom                      (i) Just as for the selection of the
                               halves have the same shape as the left/                    first and third halves, both the left/
                               right halves when compared to a circle,                    right and the top/bottom halves have
                               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:

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                               § 761.308                                                               40 CFR Ch. I (7–1–01 Edition)

                                  (i) If the next selection of halves was                   (2) Mark the random number selected
                               left/right, the halves would be rectan-                    for the length distance, in centimeters,
                               gles four times as long as they are wide                   from the origin to the right (at the bot-
                               (1⁄16 meter wide and 1⁄4 meter high.                       tom of the area away from the origin).
                               Halves selected from top/bottom would                        (3) From the marked length distance
                               be square (1⁄8 meter on a side). There-                    on the bottom of the area, move per-
                               fore, select the next halves top/bottom,                   pendicularly up from the bottom of the
                               because the shape of the top/bottom                        area into the area for the distance ran-
                               halves (square) are closer to the shape                    domly selected for the width.
                               of a circle than the shape of the left/                      (4) Use the point determined in para-
                               right halves (long narrow rectangles).                     graph (d)(3) of this section as the lower
                                  (ii) A coin flip selects the top half.                  left corner of the 10 centimeter by 10
                               The dimensions of this selected surface                    centimeter sample.
                               are 1⁄8 meter high and 1⁄8 meter wide or
                               12.5 cm by 12.5 cm.                                        § 761.310    Collecting the sample.
                                  (7) Collect a standard wipe test sam-                     Use the standard wipe test as defined
                               ple in the sixth half. Since the dimen-                    in § 761.123 to sample one 10 centimeter
                               sions of half of the sixth half would be                   by 10 centimeter square (100 cm2) area
                               12.5 cm by 6.25 cm, the area (approxi-                     to represent surface area PCB con-
                               mately 78 cm2) would be less than the                      centrations of each square meter or
                               required 100 cm2 minimum area for the                      fraction of a square meter of a nearly
                               standard wipe test. Therefore, no fur-                     flat, non-porous surface. For small sur-
                               ther sampling by halves is necessary.                      faces, use the same procedure as for the
                               Take the standard wipe test samples of                     standard wipe test, only sample the en-
                               the entire selected sixth half.                            tire area, rather than 10 centimeter by
                                                                                          10 centimeter squares.
                               § 761.308 Sample selection by random
                                   number generation on any two-di-                       § 761.312    Compositing of samples.
                                   mensional square grid.
                                                                                            For a surface originally contami-
                                 (a) Divide the surface area of the                       nated by a single source of PCBs with
                               non-porous surface into rectangular or                     a uniform concentration, it is permis-
                               square areas having a maximum area                         sible to composite surface wipe test
                               of 1 square meter and a minimum di-                        samples and to use the composite
                               mension of 10 centimeters.                                 measurement to represent the PCB
                                 (b) Measure the length and width, in                     concentration of the entire surface.
                               centimeters, of each area created in                       Composite samples consist of more
                               paragraph (a) of this section. Round off                   than one sample gauze extracted and
                               the number of centimeters in the                           chemically analyzed together resulting
                               length and the width measurements to                       in a single measurement. The com-
                               the nearest centimeter.                                    posite measurement represents an
                                 (c) For each 1 square meter area cre-                    arithmetic mean of the composited
                               ated in accordance with paragraph (a)                      samples.
                               of this section, select two random num-                      (a) Compositing samples from surfaces
                               bers: one each for the length and width                    to be used or reused. For small or irregu-
                               borders measured in paragraph (b) of                       larly shaped surfaces or large nearly
                               this section. An eligible random num-                      flat surfaces, if the surfaces are con-
                               ber can be from zero up to the total                       taminated by a single source of PCBs
                               width, minus 10 centimeters.                               with a uniform concentration, com-
                                 (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.

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                               Environmental Protection Agency                                                                  § 761.323

                               § 761.314 Chemical analysis of stand-                      § 761.320    Applicability.
                                   ard wipe test samples.
                                                                                             This subpart describes self-imple-
                                 Perform the chemical analysis of                         menting comparison testing require-
                               standard wipe test samples in accord-                      ments for chemical extraction and
                               ance with § 761.272. Report sample re-                     chemical analysis methods used as an
                               sults in micrograms per 100 cm2.                           alternative to the methods required in
                                                                                          §§ 761.272 or 761.292. Any person con-
                               § 761.316 Interpreting PCB concentra-                      ducting comparison testing under this
                                   tion measurements resulting from                       subpart must comply with the require-
                                   this sampling scheme.
                                                                                          ments of § 761.80(i), including notifica-
                                 (a) For an individual sample taken                       tion. Use alternative methods only
                               from an approximately 1 meter square                       after successful completion of these
                               portion of the entire surface area and                     comparison testing requirements and
                               not composited with other samples, the                     after documentation of the results of
                               status of the portion is based on the                      the testing.
                               surface concentration measured in that
                               sample. If the sample surface con-                         § 761.323    Sample preparation.
                               centration is not equal to or lower                          (a) The comparison study requires
                               than the cleanup level, by inference the                   analysis of a minimum of 10 samples
                               entire 1 meter area, and not just the                      weighing at least 300 grams each. Sam-
                               immediate area where the sample was                        ples of PCB remediation waste used in
                               taken, is not equal to or lower than the                   the comparison study must meet the
                               cleanup level.                                             following three requirements.
                                 (b) For areas represented by the                           (1) The samples must either be taken
                               measurement results from compositing                       from the PCB remediation waste at the
                               more than one 10 centimeter by 10 cen-                     cleanup site, or must be the same kind
                               timeter sample, the measurement for                        of material as that waste. For example,
                               the composite is the measurement for                       if the waste at the cleanup site is
                               the entire area. For example, when                         sandy soil, you must use the same kind
                               there is a composite of 10 standard                        of sandy soil in the comparison study.
                               wipe test samples representing 9.5                         Do not use unrelated materials such as
                               square meters of surface area and the                      clay soil or dredged sediments in place
                               result of the analysis of the composite                    of sandy soil.
                               is 20 µg/100 cm2, then the entire 9.5                        (2) PCB remediation waste may con-
                               square meters has a PCB surface con-                       tain interferences which confound or
                               centration of 20 µg/100 cm2, not just the                  hamper sample extraction and chem-
                               area in the 10 cm by 10 cm sampled                         ical analysis. These interferences may
                               areas.                                                     be from chemicals or other attributes
                                 (c) For small surfaces having irreg-                     preexisting in the waste material, re-
                               ular contours, where the entire surface                    sulting from the PCB contamination
                               was sampled, measure the surface area.                     source, or resulting from treatment to
                               Divide 100 cm2 by the surface area and                     remove or destroy PCBs. Comparison
                               multiply this quotient by the total                        study samples must also contain these
                               number of micrograms of PCBs on the                        interfering materials to demonstrate
                               surface to obtain the equivalent meas-                     successful analysis in their presence.
                               urement of micrograms per 100 cm2.                         For example, a PCB remediation waste
                                                                                          may have been co-disposed with chloro-
                               Subpart Q—Self-Implementing Al-                            benzene solvents or chlorinated pes-
                                  ternative   Extraction  and                             ticides. These chlorinated compounds
                                  Chemical Analysis Procedures                            would have to be present in the com-
                                  for Non-liquid PCB Remedi-                              parison study compounds at the same
                                                                                          levels found, or at the highest levels
                                  ation Waste Samples
                                                                                          expected to be found, in the PCB reme-
                                                                                          diation waste. As another example, for
                                 SOURCE: 63 FR 35468, June 29, 1998, unless               PCB remediation waste which had been
                               otherwise noted.
                                                                                          solvent washed with liquid amines to

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                               § 761.326                                                               40 CFR Ch. I (7–1–01 Edition)

                               remove PCBs, comparison study sam-                         alternative method (no false nega-
                               ples would have to contain concentra-                      tives).
                               tions of these amines at the same lev-                       (b) Only one sample which contains
                               els found, or at the highest levels ex-                    PCBs at a level less than the level of
                               pected to be found, in the PCB remedi-                     concern, as measured by the methods
                               ation waste.                                               required in § 761.292, is found to have a
                                  (b) Prior to initiating the comparison                  PCB concentration greater than the
                               study, confirm the following PCB con-                      level of concern as measured by the al-
                               centrations in the comparison study                        ternative method (false positive); and
                               samples using the methods specified in                     all other samples which contain PCBs
                               § 761.292. All samples of non-liquid PCB                   at levels less than the level of concern,
                               remediation waste must have PCB con-                       as measured by the methods required
                               centrations between 0.1 and 150 ppm.                       in § 761.292, are found by the alternative
                                  (1) A minimum of three comparison                       method to have PCBs less than the
                               study samples must have PCB con-                           level of concern (there are no addi-
                               centrations above the cleanup level                        tional false positives).
                               specified for the site in § 761.61(a)(4) and
                               a minimum of three comparison study                        Subpart R—Sampling Non-Liquid,
                               samples must have PCB concentrations                          Non-Metal PCB Bulk Product
                               below the specified cleanup level.                            Waste for Purposes of Charac-
                                  (2) At least one comparison study                          terization for PCB Disposal in
                               sample must have a PCB concentration                          Accordance With § 761.62,
                               ≥90 percent and ≤100 percent of the                           and Sampling PCB Remedi-
                               cleanup level.
                                  (3) At least one comparison study
                                                                                             ation Waste Destined for Off-
                               sample must have a PCB concentration
                                                                                             Site Disposal, in Accordance
                               ≥100 percent and ≤110 percent of the                          With § 761.61
                               cleanup level.
                                  (c) If the comparison study samples                       SOURCE: 63 FR 35469, June 29, 1998, unless
                               do not have the concentrations or con-                     otherwise noted.
                               centration ranges required by para-
                                                                                          § 761.340    Applicability.
                               graph (b) of this section, for purposes
                               of use in this chemical extraction and                       Use the procedures specified in this
                               chemical analysis comparison study, a                      subpart to sample the following types
                               person may adjust PCB concentrations                       of waste when it is necessary to ana-
                               by dilution. Any excess material re-                       lyze the waste to determine PCB con-
                               sulting from the preparation of these                      centration or leaching characteristics
                               samples, which is not used as an ana-                      for storage or disposal.
                               lytical sample, is regulated as the PCB                      (a) Existing accumulations of non-
                               concentration in the component having                      liquid, non-metal PCB bulk product
                               the highest PCB concentration of the                       waste.
                               component materials in the sample.                           (b) Non-liquid, non-metal PCB bulk
                                                                                          product waste from processes that con-
                               § 761.326 Conducting the comparison                        tinuously generate new waste.
                                   study.                                                   (c) Non-liquid PCB remediation
                                 Extract or analyze the comparison                        waste from processes that continuously
                               study samples using the alternative                        generate new waste, that will be sent
                               method. For an alternative extraction                      off-site for disposal.
                               method or alternative analytical meth-
                               od to be comparable to the methods re-                     § 761.345 Form of the waste to be sam-
                               quired in § 761.292, all of the following                      pled.
                               conditions must be met.                                      PCB bulk product waste and PCB re-
                                 (a) All samples having PCB con-                          mediation waste destined for off-site
                               centrations greater than or equal to                       disposal must be in the form of either
                               the level of concern, as measured by                       flattened or roughly conical piles. This
                               the methods required in § 761.292, are                     subpart also contains a procedure for
                               found to be greater than or equal to                       contemporaneous sampling of waste as
                               the level of concern as measured by the                    it is being generated.

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                               Environmental Protection Agency                                                                  § 761.347

                               § 761.346      Three levels of sampling.                   posite them into one 19-liter sample as
                                                                                          follows:
                                  To select a sample of the waste and
                                                                                            (1) Divide the pile into quarters.
                               prepare it for chemical extraction and
                                                                                            (2) Divide each of the quarter sec-
                               analysis, there are three required lev-
                                                                                          tions into quarters (i.e., into sixteenths
                               els of random sampling.
                                                                                          of the original pile).
                                  (a) First, select a single 19-liter (5                    (3) Select two sixteenths from each of
                               gallon) portion from a composite accu-                     the four quarters, according to one of
                               mulated      either   contemporaneously                    the two following options:
                               with the generation of the waste or by                       (i) Randomly select the two six-
                               sampling an existing pile of waste. Col-                   teenths from one quarter and sample
                               lection procedures for the first level of                  the sixteenths occupying the same po-
                               sampling from existing piles of waste                      sitions in each of the other three quar-
                               are in § 761.347. Collection procedures                    ters.
                               for the first level of sampling from a                       (ii) Randomly select two sixteenths
                               contemporaneous generation of waste                        from each of the four quarters (i.e.,
                               are in § 761.348. Compositing require-                     perform a random selection four dif-
                               ments and requirements for the sub-                        ferent times).
                               sampling of composite samples to re-                         (4) At this point the eight selected
                               sult in a single 19-liter sample are in                    sixteenths undergo further division and
                               § 761.350. Send the 19-liter sample to the                 sample selection. Divide each of the
                               laboratory for the second and third lev-                   eight selected sixteenths into four
                               els of sampling, including particle size                   equal parts. Using a random number
                               reduction for leach testing and drying                     generator or random number table, se-
                               as required by § 761.1(b)(4).                              lect one of the four equal parts from
                                  (b) Second, at the laboratory, select                   each of the eight equal areas. If each of
                               one quarter of the 19-liter sample. Pro-                   the four equal parts has a volume >76
                               cedures the laboratory must use for                        liters when projected downwards 30 cm,
                               this second level of sample selection                      continue to divide each selected area
                               appear in § 761.353.                                       into four equal parts, and select one of
                                  (c) Third, select a 100 gram sub-                       the parts, until each selected area has
                               sample from the second level sub-                          a volume of <76 liters but ≥19 liters.
                               sample. Procedures the laboratory                          When projected to a depth of 30 cm, a
                               must use for this third level of sample                    square having a 25 cm side or a circle
                               selection appear in § 761.355.                             having a diameter of approximately
                                                                                          28.5 cm equals a volume of approxi-
                               § 761.347 First level sampling—waste                       mately 19 liters. The volume of 76 liters
                                   from existing piles.
                                                                                          is equal to the volume enclosed by a
                                 (a) General. Sample piles that are ei-                   square having a side of 50 cm (or other
                               ther specifically configured for sam-                      shape having an area of 250 cm2) pro-
                               pling (see paragraph (b) of this section)                  jected to a depth of 30 cm.
                               or that are of conical shape (see para-                      (5) Take one sample of approximately
                               graph (c) of this section). If sampling                    19 unsorted liters of waste from each of
                               from either of these shapes is not pos-                    the eight selected areas. Place each
                               sible, conduct contemporaneous sam-                        sample into a separate 19-liter con-
                               pling, in accordance with the proce-                       tainer, allowing only sufficient space
                               dures in § 761.348, or obtain the ap-                      at the top of the container to secure
                               proval of the Regional Administrator                       the lid.
                               for an alternate sampling plan in ac-                        (6) Composite the eight 19-liter sam-
                               cordance with § 761.62(c).                                 ples in accordance with § 761.350.
                                 (b) Specifically configured piles. A spe-                  (c) Conical-shaped piles. If it is nec-
                               cifically configured pile is a single flat-                essary to sample a pile which is too
                               tened pile in the shape of a square or                     large to be spread on the site to a uni-
                               rectangle having no restrictions on                        form thickness of 1 foot or 30 cm, or if
                               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

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                               § 761.347                                                               40 CFR Ch. I (7–1–01 Edition)

                               is, having a circular base with PCB                        easily around the pile when they are
                               bulk product waste or PCB remediation                      pulled tight. Select the three param-
                               waste destined for off-site disposal                       eters and the sampling location as fol-
                               stacked up uniformly to a peak that is                     lows:
                               a point centered above the center of                         (i) Determine the radial component
                               the circular base. Collect eight 19-liter                  (r) of the location for each sample.
                               samples as follows:                                          (A) Tie to a stake or otherwise fasten
                                  (1) Collecting samples from more than                   one of the strings at ‘‘b,’’ the bottom of
                               one pile. If the PCB bulk product waste                    the pile, as a reference point for find-
                               or PCB remediation waste consists of                       ing r.
                               more than one pile or container, assign                      (B) Measure the circumference ‘‘c,’’
                               each pile or container an integer num-                     the distance around the bottom of the
                               ber and then generate seven random in-                     pile. Determine r from b in one of two
                               teger numbers to select the piles from                     ways:
                               which you will collect samples. It is                        (1) Multiply c by a randomly gen-
                               possible that this random selection                        erated fraction or percentage of one.
                               procedure will result in selecting the                       (2) Select a random number between
                               same pile number more than once, even                      one and the total number of centi-
                               if seven or more piles are present. If so,                 meters in c.
                               sample the pile once and restart the                         (C) Locate r by starting at b, the
                               sampling collection process to collect                     place where the fixed string meets the
                               additional samples. Do not collect mul-                    base of the pile, and travel clockwise
                               tiple samples from the same location                       around the edge of the pile at the base
                               in the pile.                                               for the distance you selected in para-
                                  (2) Collecting samples from a single pile.              graph (c)(3)(i)(B) of this section.
                               If only one pile or container is present,                    (D) Fasten the second string at the
                               collect all eight samples from the same                    selected distance. The second string
                               pile.                                                      marks the first parameter r.
                                  (3) Setting up the sample site selection                  (ii) Determine the second parameter
                               system from a pile. Locate a sample in a                   s of the location for each sample.
                               pile by the use of three parameters: a                       (A) Measure the distance, l, along the
                               particular radial direction, ‘‘r,’’ from                   string,     positioned     in    paragraph
                               the peak at the center of the pile to the                  (c)(3)(i)(D) of this section, from the top
                               outer edge at the base of the pile; a                      to the bottom of the pile at the se-
                               point, ‘‘s,’’ along that radial direction                  lected radial distance r. Determine the
                               between the peak of the pile and the                       distance s from l in one of two ways:
                               outer edge of the base of the pile; and                      (1) Multiply l by a randomly gen-
                               a depth, ‘‘t’’, beneath point ‘‘s.’’ The                   erated fraction or percentage of one.
                               top of the sample material will be                           (2) Select a random number between
                               below depth t, at point s, on radius r.                    one and the total number of centi-
                               Use a rod, dowel, stake, or broom han-                     meters in l.
                               dle as a marker. Nail or otherwise fas-                      (B) Mark, for example by placing a
                               ten to the top of the marker two pieces                    piece of tape on the string positioned
                               of string or cord of sufficient length                     according to paragraph (c)(3)(i)(D) of
                               and strength to reach from the top of                      this section, the distance s, up from the
                               the marker at the top of the pile to the                   bottom of the pile on the string at r.
                               farthest peripheral edge at the bottom                       (iii) Determine the third and final pa-
                               of the pile, when the marker is posi-                      rameter t of the location for each sam-
                               tioned at the top or apex of the pile.                     ple.
                               Pound or push the marker into the top                        (A) Mark and number 1 cm intervals
                               center (apex) of the pile, downward to-                    from one end of a rigid device, for ex-
                               ward the center of the base. Insert the                    ample a rod, dowel, stake, or broom
                               marker for at least 30 cm or one foot                      handle, for measuring the distance
                               until the marker is rigidly standing on                    from the top of the pile to the bottom
                               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 suffi-                     cient strength to be forced down
                               ciently to allow the strings to move                       through the maximum depth of the pile

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                               Environmental Protection Agency                                                                  § 761.350

                               and sufficient length to measure the                       § 761.348    Contemporaneous sampling.
                               depth of the waste in the pile at any
                                                                                             Contemporaneous sampling is pos-
                               point.                                                     sible when there is active generation of
                                  (B) Take the measuring device, con-                     waste and it is possible to sample the
                               structed      according     to   paragraph                 waste stream as it is generated. Collect
                               (c)(3)(iii)(A) of this section, and at posi-               eight 19-liter samples as follows.
                               tion s, push the end of the device                            (a) Collect each sample by filling a
                               marked with zero straight down into                        19-liter (5 gallon) container at a loca-
                               the pile until it reaches the bottom of                    tion where the PCB bulk product waste
                               the pile or ground level. The vertical                     is released from the waste generator
                               distance ‘‘v’’ is the number of centi-                     onto a pile or into a receptacle con-
                               meters from the surface of the pile at                     tainer before the waste reaches the pile
                               point s on the string to the bottom of                     or receptacle container.
                               the pile or ground level. Read the dis-                       (b) Determine a sample collection
                               tance v on the measuring device at the                     start time using a random number gen-
                               surface of the pile. From the distance                     erator or a random number table to se-
                               v, determine t, in one of two ways:                        lect a number between 1 and 60. Collect
                                  (1) Randomly generate a fraction of                     the first sample at the randomly se-
                               one and multiply the fraction times v.                     lected time in minutes after start up of
                                  (2) Select a random number between                      the waste output, or if the waste is cur-
                               zero and the total number of centi-                        rently being generated, after the ran-
                               meters of the vertical distance v.                         dom time is selected. For example, if
                                                                                          the randomly selected time is 35, begin
                                  (iv) Dig a hole straight down into the
                                                                                          collection 35 minutes after the start up
                               pile for t centimeters (inches) from the
                                                                                          of waste generation. Similarly, if waste
                               surface of the pile at s.                                  output is ongoing and the random start
                                  (v) At depth t, directly under the s                    determination occurred at 8:35 a.m.,
                               mark on the string, outline the top of                     collect the first sample at 9:10 a.m. (35
                               the sample container and collect (shov-                    minutes after the random start deter-
                               el) all waste under the outline in the                     mination).
                               following order of preference in para-                        (c) Collect seven more samples, one
                               graphs (c)(3)(v)(A) through (c)(3)(v)(C)                   every 60 minutes after the initial sam-
                               of this section. It is possible that some                  ple is collected. If the waste output
                               of the eight sampling locations will not                   process stops, stop the 60–minute inter-
                               provide 19 liters of sample.                               val time clock. When the process re-
                                  (A) For a depth of 30 cm.                               starts, restart the 60–minute interval
                                  (B) Until the container is full.                        time clock and complete the incom-
                                  (C) Until the ground level is reached.                  plete 60–minute interval.
                                  (d) Compositing the samples. Composite                     (d) Composite the eight 19-liter sam-
                               the eight 19-liter samples and sub-                        ples and subsample in accordance with
                               sample in accordance with § 761.350.                       § 761.350.
                               Send the subsample to a laboratory for
                                                                                          § 761.350 Subsampling from composite
                               further sampling as described in                               samples.
                               §§ 761.353 and 761.355 and for chemical
                               extraction and analysis. If there is in-                     (a) Preparing the composite. Composite
                               sufficient sample for a 19-liter sample                    the samples (eight from a flattened
                               from the composite sample composed                         pile; eight or more from a conical pile;
                               of the eight iterations of sample site                     eight from waste that is continuously
                               selection, according to the procedures                     generated) and select a 19-liter sub-
                                                                                          sample for shipment to the chemical
                               in paragraphs (c)(3)(i) through (c)(3)(v)
                                                                                          extraction and analysis laboratory for
                               of this section, select additional sam-
                                                                                          further subsampling. There are two op-
                               ple sites, collect additional samples
                                                                                          tions for the preparation of the com-
                               and composite the additional waste in
                                                                                          posite:
                               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

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                               § 761.353                                                               40 CFR Ch. I (7–1–01 Edition)

                               container. Completely close the con-                         (a) Selecting a portion of the subsample
                               tainer, and roll it 10 or more complete                    for particle size reduction. At the chem-
                               revolutions to mix the contents.                           ical extraction and analysis labora-
                                 (2) Option two. Add the 19-liter sam-                    tory, pour the 19-liter subsample onto a
                               ples one at a time to a 209 liter (55 gal-                 plastic sheet or into a pan and divide
                               lon) drum. Between the addition of                         the subsample into quarters. Use a ran-
                               each 19-liter sample, stir the composite                   dom number generator or random num-
                               using a broom handle or similar long,                      ber table to select one of these quar-
                               narrow, sturdy rod that reaches the                        ters.
                               bottom of the container. Stir the mix-                       (b) Reduction of the particle size by the
                               ture for a minimum of 10 complete rev-                     use of a 9.5 mm screen. Collect the con-
                               olutions of the stirring instrument                        tents of the selected quarter of waste
                               around the container at a distance ap-                     resulting from conducting the proce-
                               proximately half way between the out-                      dures in paragraph (a) of this section
                               side and center of the container.                          and shake the waste in a 9.5 mm
                                 (b) Selecting a 19-liter subsample from                  screen. Separate the waste material
                               the composite. Once the composite is                       which passes through the screen from
                               mixed, pour the mixture of waste out                       the waste material which does not pass
                               on a plastic sheet and either divide it                    through the screen. Manually cut or
                               into 19-liter size piles or make one                       otherwise reduce the size of all parts of
                               large pile.                                                the waste portion which did not pass
                                 (1) From 19-liter sized piles, use a                     through the 9.5 mm screen, such that
                               random number generator or random                          each part of the waste shall pass
                               number table to select one of the piles.                   through the 9.5 mm screen by shaking.
                                 (2) From one large pile, flatten the                       (c) Drying the reduced particle size
                               pile to a depth of 30 cm and divide it                     waste. Dry all of the waste portion re-
                               into 4 quarters of equal size. Use a ran-                  sulting from conducting the procedures
                               dom number generator or random num-                        in paragraph (b) of this section, from 10
                               ber table to select one quarter of the                     to 15 hours in a drying oven at 100 °C.
                               pile. Further divide the selected quar-                    Allow the dried waste to cool to room
                               ter pile into 19-liter portions and use a                  temperature.
                               random number generator or random                            (d) Mixing the dried waste. Place all of
                               number table to select one 19-liter por-                   the waste resulting from conducting
                               tion. A square having a 25 cm side or a                    the procedures in paragraph (c) of this
                               circle having a diameter of approxi-                       section in a 19-liter pail or similarl