1446.12_ss-Attachment-B_regulations

§ 750.35

40 CFR Ch. I (7–1–18 Edition)

accordance with the procedures in part
2, subpart B of this title.

761.77 Coordinated approval.
761.79 Decontamination standards and procedures.

[44 FR 31560, Mar. 31, 1979. Redesignated at 81
FR 93636, Dec. 21, 2016]

§ 750.35 Final rule.
(a) [Reserved]
(b) EPA will grant or deny petitions
under TSCA section 6(e)(3)(B) submitted pursuant to § 750.31.
(c) In determining whether to grant
an exemption to the PCB ban, EPA will
apply the two standards enunciated in
TSCA section 6(e)(3)(B).

Subpart E—Exemptions
761.80 Manufacturing, processing and distribution in commerce exemptions.

Subpart F—Transboundary Shipments of
PCBs for Disposal
761.91
761.93
761.97
761.99

Applicability.
Import for disposal.
Export for disposal.
Other transboundary shipments.

Subpart G—PCB Spill Cleanup Policy

[81 FR 93636, Dec. 21, 2016]

PART
761—POLYCHLORINATED
BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE
PROHIBITIONS

761.120
761.123
761.125
761.130
761.135
and

Scope.
Definitions.
Requirements for PCB spill cleanup.
Sampling requirements.
Effect of compliance with this policy
enforcement.

Subparts H–I [Reserved]

Subpart A—General
Sec.
761.1 Applicability.
761.2 PCB concentration assumptions for
use.
761.3 Definitions.
761.19 References.

Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of
PCBs and PCB Items
761.20
761.30
761.35

Prohibitions and exceptions.
Authorizations.
Storage for reuse.

Subpart J—General Records and Reports
761.180 Records and monitoring.
761.185 Certification program and retention
of records by importers and persons generating PCBs in excluded manufacturing
processes.
761.187 Reporting importers and by persons
generating PCBs in excluded manufacturing processes.
761.193 Maintenance of monitoring records
by persons who import, manufacture,
process, distribute in commerce, or use
chemicals containing inadvertently generated PCBs.

Subpart C—Marking of PCBs and PCB
Items
761.40
761.45

Subpart K—PCB Waste Disposal Records
and Reports

Marking requirements.
Marking formats.

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Subpart D—Storage and Disposal
761.50 Applicability.
761.60 Disposal requirements.
761.61 PCB remediation waste.
761.62 Disposal of PCB bulk product waste.
761.63 PCB household waste storage and disposal.
761.64 Disposal of wastes generated as a result of research and development activities authorized under § 761.30(j) and chemical analysis of PCBs.
761.65 Storage for disposal.
761.70 Incineration.
761.71 High efficiency boilers.
761.72 Scrap metal recovery ovens and
smelters.
761.75 Chemical waste landfills.

761.202 EPA identification numbers.
761.205 Notification of PCB waste activity
(EPA Form 7710-53).
761.207 The manifest—general requirements.
761.208 Obtaining manifests.
761.209 Number of copies of a manifest.
761.210 Use of the manifest—Generator requirements.
761.211 Manifest system—Transporter requirements.
761.212 Transporter compliance with the
manifest.
761.213 Use of manifest—Commercial storage and disposal facility requirements.
761.214 Retention of manifest records.
761.215 Manifest discrepancies.
761.216 Unmanifested waste report.
761.217 Exception reporting.
761.218 Certificate of disposal.
761.219 One-year exception reporting.

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Environmental Protection Agency

Pt. 761

Subpart L [Reserved]
Subpart M—Determining a PCB Concentration for Purposes of Abandonment or
Disposal of Natural Gas Pipeline: Selecting Sample Sites, Collecting Surface Samples, and Analyzing Standard
PCB Wipe Samples
761.240 Scope and definitions.
761.243 Standard wipe sample method and
size.
761.247 Sample site selection for pipe segment removal.
761.250 Sample site selection for pipeline
section abandonment.
761.253 Chemical analysis.
761.257 Determining the regulatory status
of sampled pipe.

Subpart Q—Self-Implementing Alternative
Extraction and Chemical Analysis Procedures for Non-liquid PCB Remediation Waste Samples

Subpart N—Cleanup Site Characterization
Sampling for PCB Remediation Waste
in Accordance with § 761.61(a)(2)

761.320 Applicability.
761.323 Sample preparation.
761.326 Conducting the comparison study.

761.260 Applicability.
761.265 Sampling bulk PCB remediation
waste and porous surfaces.
761.267 Sampling non-porous surfaces.
761.269 Sampling liquid PCB remediation
waste.
761.272 Chemical extraction and analysis of
samples.
761.274 Reporting PCB concentrations in
samples.

Subpart R—Sampling Non-Liquid, NonMetal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance With § 761.62,
and Sampling PCB Remediation Waste
Destined for Off-Site Disposal, in Accordance With § 761.61

Subpart O—Sampling To Verify Completion
of Self-Implementing Cleanup and
On-Site Disposal of Bulk PCB Remediation Waste and Porous Surfaces in
Accordance with § 761.61(a)(6)
761.280 Application and scope.
761.283 Determination of the number of
samples to collect and sample collection
locations.
761.286 Sample size and procedure for collecting a sample.
761.289 Compositing samples.
761.292 Chemical extraction and analysis of
individual samples and composite samples.
761.295 Reporting and recordkeeping of the
PCB concentrations in samples.
761.298 Decisions based on PCB concentration measurements resulting from sampling.

Subpart P—Sampling Non-Porous Surfaces
for Measurement-Based Use, Reuse,
and On-Site or Off-Site Disposal Under
§ 761.61(a)(6)
and
Determination
Under § 761.79(b)(3)
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761.304 Determining sample location.
761.306 Sampling 1 meter square surfaces by
random selection of halves.
761.308 Sample selection by random number
generation on any two-dimensional
square grid.
761.310 Collecting the sample.
761.312 Compositing of samples.
761.314 Chemical analysis of standard wipe
test samples.
761.316 Interpreting
PCB
concentration
measurements resulting from this sampling scheme.

761.300 Applicability.
761.302 Proportion of the total surface area
to sample.

761.340 Applicability.
761.345 Form of the waste to be sampled.
761.346 Three levels of sampling.
761.347 First level sampling—waste from existing piles.
761.348 Contemporaneous sampling.
761.350 Subsampling from composite samples.
761.353 Second level of sample selection.
761.355 Third level of sample selection.
761.356 Conducting a leach test.
761.357 Reporting the results of the procedure used to simulate leachate generation.
761.358 Determining the PCB concentration
of samples of waste.
761.359 Reporting the PCB concentrations in
samples.

Subpart S—Double Wash/Rinse Method for
Decontaminating Non-Porous Surfaces
761.360 Background.
761.363 Applicability.
761.366 Cleanup equipment.
761.369 Pre-cleaning the surface.
761.372 Specific requirements for relatively
clean surfaces.
761.375 Specific requirements for surfaces
coated or covered with dust, dirt, grime,
grease, or another absorbent material.

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§ 761.1

40 CFR Ch. I (7–1–18 Edition)

761.378 Decontamination, reuse, and disposal of solvents, cleaners, and equipment.

Subpart T—Comparison Study for Validating a New Performance-Based Decontamination
Solvent
Under
§ 761.79(d)(4)
761.380
761.383
761.386
for
use
761.389
761.392
761.395
761.398

Background.
Applicability.
Required experimental conditions
the validation study and subsequent
during decontamination.
Testing parameter requirements.
Preparing validation study samples.
A validation study.
Reporting and recordkeeping.

AUTHORITY: 15 U.S.C. 2605, 2607, 2611, 2614,
and 2616.

Subpart A—General

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§ 761.1

Applicability.

(a) This part establishes prohibitions
of, and requirements for, the manufacture, processing, distribution in commerce, use, disposal, storage, and
marking of PCBs and PCB Items.
(b)(1) This part applies to all persons
who manufacture, process, distribute
in commerce, use, or dispose of PCBs or
PCB Items. Substances that are regulated by this part include, but are not
limited to: dielectric fluids; solvents;
oils; waste oils; heat transfer fluids;
hydraulic fluids; paints or coatings;
sludges; slurries; sediments; dredge
spoils; soils; materials containing PCBs
as a result of spills; and other chemical
substances or combinations of substances, including impurities and byproducts and any byproduct, intermediate, or impurity manufactured at
any point in a process.
(2) Unless otherwise noted, PCB concentrations shall be determined on a
weight-per-weight basis (e.g., milligrams per kilogram), or for liquids, on
a weight-per-volume basis (e.g., milligrams per liter) if the density of the
liquid is also reported. Unless otherwise provided, PCBs are quantified
based on the formulation of PCBs
present in the material analyzed. For
example, measure Aroclor TM 1242 PCBs
based on a comparison with Aroclor TM
1242 standards. Measure individual congener PCBs based on a comparison with
individual PCB congener standards.

(3) Most provisions in this part apply
only if PCBs are present in concentrations above a specified level. Provisions that apply to PCBs at concentrations of <50 ppm apply also to contaminated surfaces at PCB concentrations
of ≤10 μg/100 cm2. Provisions that apply
to PCBs at concentrations of ≥50 to
<500 ppm apply also to contaminated
surfaces at PCB concentrations of >10/
100 cm2 to <100 μg/100 cm2. Provisions
that apply to PCBs at concentrations
of ≥500 ppm apply also to contaminated
surfaces at PCB concentrations of ≥100
μg/100 cm2.
(4) PCBs can be found in liquid, nonliquid and multi-phasic (combinations
of liquid and non-liquid) forms. A person should use the following criteria to
determine PCB concentrations to determine which provisions of this part
apply to such PCBs.
(i) Any person determining PCB concentrations for non-liquid PCBs must
do so on a dry weight basis.
(ii) Any person determining PCB concentrations for liquid PCBs must do so
on a wet weight basis. Liquid PCBs
containing more than 0.5 percent by
weight non-dissolved material shall be
analyzed as multi-phasic non-liquid/liquid mixtures.
(iii) Any person determining the PCB
concentration of samples containing
PCBs and non-dissolved non-liquid materials ≥0.5 percent, must separate the
non-dissolved materials into non-liquid
PCBs and liquid PCBs. For multi-phasic non-liquid/liquid or liquid/liquid
mixtures, the phases shall be separated
before chemical analysis. Following
phase separation, the PCB concentration in each non-liquid phase shall be
determined on a dry weight basis and
the PCB concentration in each liquid
phase shall be determined separately
on a wet weight basis.
(iv) Any person disposing of multiphasic non-liquid/liquid or liquid/liquid
mixtures must use the PCB disposal requirements that apply to the individual phase with the highest PCB concentration except where otherwise
noted. Alternatively, phases may be
separated and disposed of using the
PCB disposal requirements that apply
to each separated, single-phase material.

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Environmental Protection Agency

§ 761.2

(5) No person may avoid any provision specifying a PCB concentration by
diluting the PCBs, unless otherwise
specifically provided.
(6) Unless otherwise specified, references to weights or volumes of PCBs
in this part apply to the total weight
or total volume of the material (oil,
soil, debris, etc.) that contains regulated concentrations of PCBs, not the
calculated weight or volume of only
the PCB molecules contained in the
material.
(c) Definitions of the terms used in
these regulations are in subpart A. The
basic requirements applicable to disposal and marking of PCBs and PCB
Items are set forth in subpart D—Disposal of PCBs and PCB Items and in
subpart C—Marking of PCBs and PCB
Items. Prohibitions applicable to PCB
activities are set forth in subpart B—
Manufacture, Processing, Distribution
in Commerce, and Use of PCBs and
PCB Items. Subpart B also includes authorizations from the prohibitions.
Subparts C and D set forth the specific
requirements for disposal and marking
of PCBs and PCB Items.
(d) Section 15 of the Toxic Substances Control Act (TSCA) states that
failure to comply with these regulations is unlawful. Section 16 imposes liability for civil penalties upon any person who violates these regulations, and
the Administrator can establish appropriate remedies for any violations subject to any limitations included in section 16 of TSCA. Section 16 also subjects a person to criminal prosecution
for a violation which is knowing or
willful. In addition, section 17 authorizes Federal district courts to enjoin
activities prohibited by these regulations, compel the taking of actions required by these regulations, and issue
orders to seize PCBs and PCB Items
manufactured, processed or distributed
in violation of these regulations.
(e) These regulations do not preempt
other more stringent Federal statutes
and regulations.
(f) Unless and until superseded by
any new more stringent regulations
issued under EPA authorities, or any
permits or any pretreatment requirements issued by EPA, a state or local
government that affect release of PCBs
to any particular medium:

(1) Persons who inadvertently manufacture or import PCBs generated as
unintentional impurities in excluded
manufacturing processes, as defined in
§ 761.3, are exempt from the requirements of subpart B of this part, provided that such persons comply with
subpart J of this part, as applicable.
(2) Persons who process, distribute in
commerce, or use products containing
PCBs generated in excluded manufacturing processes defined in § 761.3 are
exempt from the requirements of subpart B provided that such persons comply with subpart J of this part, as applicable.
(3) Persons who process, distribute in
commerce, or use products containing
recycled PCBs defined in § 761.3, are exempt from the requirements of subpart
B of this part, provided that such persons comply with subpart J of this
part, as applicable.
(4) Except as provided in § 761.20 (d)
and (e), persons who process, distribute
in commerce, or use products containing excluded PCB products as defined in § 761.3, are exempt from the requirements of subpart B of this part.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979, as amended at 49
FR 28189, July 10, 1984; 53 FR 24220, June 27,
1988; 63 FR 35436, June 29, 1998; 64 FR 33759,
June 24, 1999]

§ 761.2 PCB concentration
tions for use.

(a)(1) Any person may assume that
transformers with <3 pounds (1.36 kilograms (kgs)) of fluid, circuit breakers,
reclosers, oil-filled cable, and rectifiers
whose PCB concentration is not established contain PCBs at <50 ppm.
(2) Any person must assume that
mineral oil-filled electrical equipment
that was manufactured before July 2,
1979, and whose PCB concentration is
not established is PCB-Contaminated
Electrical Equipment (i.e., contains ≥50
ppm PCB, but <500 ppm PCB). All poletop and pad-mounted distribution
transformers manufactured before July
2, 1979, must be assumed to be mineraloil filled. Any person may assume that
electrical equipment manufactured
after July 2, 1979, is non-PCB (i.e., <50
ppm PCBs). If the date of manufacture

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§ 761.3

40 CFR Ch. I (7–1–18 Edition)

of mineral oil-filled electrical equipment is unknown, any person must assume it to be PCB-Contaminated.
(3) Any person must assume that a
transformer manufactured prior to
July 2, 1979, that contains 1.36 kg (3
pounds) or more of fluid other than
mineral oil and whose PCB concentration is not established, is a PCB Transformer (i.e., ≥500 ppm). If the date of
manufacture and the type of dielectric
fluid are unknown, any person must assume the transformer to be a PCB
Transformer.
(4) Any person must assume that a
capacitor manufactured prior to July 2,
1979, whose PCB concentration is not
established contains ≥500 ppm PCBs.
Any person may assume that a capacitor manufactured after July 2, 1979, is
non-PCB (i.e., <50 ppm PCBs). If the
date of manufacture is unknown, any
person must assume the capacitor contains ≥500 ppm PCBs. Any person may
assume that a capacitor marked at the
time of manufacture with the statement ‘‘No PCBs’’ in accordance with
§ 761.40(g) is non-PCB.
(b) PCB concentration may be established by:
(1) Testing the equipment; or
(2)(i) A permanent label, mark, or
other documentation from the manufacturer of the equipment indicating
its PCB concentration at the time of
manufacture; and
(ii) Service records or other documentation indicating the PCB concentration of all fluids used in servicing the equipment since it was first
manufactured.
[63 FR 35436, June 29, 1998, as amended at 64
FR 33759, June 24, 1999]

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§ 761.3

Definitions.

For the purpose of this part:
Administrator means the Administrator of the Environmental Protection
Agency, or any employee of the Agency
to whom the Administrator may either
herein or by order delegate his authority to carry out his functions, or any
person who shall by operation of law be
authorized to carry out such functions.
Agency means the United States Environmental Protection Agency.
Air compressor system means air compressors, piping, receiver tanks, vol-

ume tanks and bottles, dryers, airlines,
and related appurtenances.
Annual document log means the detailed information maintained at the
facility on the PCB waste handling at
the facility.
Annual report means the written document submitted each year by each
disposer and commercial storer of PCB
waste to the appropriate EPA Regional
Administrator. The annual report is a
brief summary of the information included in the annual document log.
ASTM means American Society for
Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428–
2959.
Byproduct means a chemical substance produced without separate commercial intent during the manufacturing or processing of another chemical substance(s) or mixture(s).
Capacitor means a device for accumulating and holding a charge of electricity and consisting of conducting
surfaces separated by a dielectric.
Types of capacitors are as follows:
(1) Small capacitor means a capacitor
which contains less than 1.36 kg (3 lbs.)
of dielectric fluid. The following assumptions may be used if the actual
weight of the dielectric fluid is unknown. A capacitor whose total volume
is less than 1,639 cubic centimeters (100
cubic inches) may be considered to contain less than 1.36 kgs (3 lbs.) of dielectric fluid and a capacitor whose total
volume is more than 3,278 cubic centimeters (200 cubic inches) must be considered to contain more than 1.36 kg (3
lbs.) of dielectric fluid. A capacitor
whose volume is between 1,639 and 3,278
cubic centimeters may be considered to
contain less then 1.36 kg (3 lbs.) of dielectric fluid if the total weight of the
capacitor is less than 4.08 kg (9 lbs.).
(2) Large high voltage capacitor means
a capacitor which contains 1.36 kg (3
lbs.) or more of dielectric fluid and
which operates at 2,000 volts (a.c. or
d.c.) or above.
(3) Large low voltage capacitor means a
capacitor which contains 1.36 kg (3 lbs.)
or more of dielectric fluid and which
operates below 2,000 volts (a.c. or d.c.).
CERCLA means the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 96019657).

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Environmental Protection Agency

§ 761.3

Certification means a written statement regarding a specific fact or representation that contains the following
language:

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Under civil and criminal penalties of law
for the making or submission of false or
fraudulent statements or representations (18
U.S.C. 1001 and 15 U.S.C. 2615), I certify that
the information contained in or accompanying this document is true, accurate, and
complete. As to the identified section(s) of
this document for which I cannot personally
verify truth and accuracy, I certify as the
company official having supervisory responsibility for the persons who, acting under my
direct instructions, made the verification
that this information is true, accurate, and
complete.

Chemical substance, (1) except as provided in paragraph (2) of this definition, means any organic or inorganic
substance of a particular molecular
identity, including: Any combination
of such substances occurring in whole
or part as a result of a chemical reaction or occurring in nature, and any
element or uncombined radical.
(2) Such term does not include: Any
mixture; any pesticide (as defined in
the Federal Insecticide, Fungicide, and
Rodenticide Act) when manufactured,
processed, or distributed in commerce
for use as a pesticide; tobacco or any
tobacco product; any source material,
special nuclear material, or byproduct
material (as such terms are defined in
the Atomic Energy Act of 1954 and regulations issued under such Act); any
article the sale of which is subject to
the tax imposed by section 4181 of the
Internal Revenue Code of 1954 (determined without regard to any exemptions from such tax provided by section
4182 or section 4221 or any provisions of
such Code); and any food, food additive,
drug, cosmetic, or device (as such
terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act)
when manufactured, processed, or distributed in commerce for use as a food,
food additive, drug, cosmetic, or device.
Chemical waste landfill means a landfill at which protection against risk of
injury to health or the environment
from migration of PCBs to land, water,
or the atmosphere is provided from
PCBs and PCB Items deposited therein
by locating, engineering, and operating
the landfill as specified in § 761.75.

Cleanup site means the areal extent of
contamination and all suitable areas in
very close proximity to the contamination necessary for implementation of a
cleanup of PCB remediation waste, regardless of whether the site was intended for management of waste.
Commerce means trade, traffic, transportation, or other commerce:
(1) Between a place in a State and
any place outside of such State, or
(2) Which affects trade, traffic, transportation, or commerce described in
paragraph (1) of this definition.
Commercial storer of PCB waste means
the owner or operator of each facility
that is subject to the PCB storage unit
standards of § 761.65(b)(1) or (c)(7) or
meets the alternate storage criteria of
§ 761.65(b)(2), and who engages in storage activities involving either PCB
waste generated by others or that was
removed while servicing the equipment
owned by others and brokered for disposal. The receipt of a fee or any other
form of compensation for storage services is not necessary to qualify as a
commercial storer of PCB waste. A
generator who only stores its own
waste is subject to the storage requirements of § 761.65, but is not required to
obtain approval as a commercial storer. If a facility’s storage of PCB waste
generated by others at no time exceeds
a total of 500 gallons of liquid and/or
non-liquid material containing PCBs at
regulated levels, the owner or operator
is a commercial storer but is not required to seek EPA approval as a commercial storer of PCB waste. Storage of
one company’s PCB waste by a related
company is not considered commercial
storage. A ‘‘related company’’ includes,
but is not limited to: a parent company
and its subsidiaries; sibling companies
owned by the same parent company;
companies owned by a common holding
company; members of electric cooperatives; entities within the same Executive agency as defined at 5 U.S.C. 105;
and a company having a joint ownership interest in a facility from which
PCB waste is generated (such as a
jointly owned electric power generating station) where the PCB waste is
stored by one of the co-owners of the
facility. A ‘‘related company’’ does not
include another voluntary member of
the same trade association. Change in

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§ 761.3

40 CFR Ch. I (7–1–18 Edition)

ownership or title of a generator’s facility, where the generator is storing
PCB waste, does not make the new
owner of the facility a commercial
storer of PCB waste.
Designated facility means the off-site
disposer or commercial storer of PCB
waste designated on the manifest as
the facility that will receive a manifested shipment of PCB waste.
Disposal means intentionally or accidentally to discard, throw away, or
otherwise complete or terminate the
useful life of PCBs and PCB Items. Disposal includes spills, leaks, and other
uncontrolled discharges of PCBs as
well as actions related to containing,
transporting, destroying, degrading,
decontaminating, or confining PCBs
and PCB Items.
Disposer of PCB waste, as the term is
used in subparts J and K of this part,
means any person who owns or operates a facility approved by EPA for the
disposal of PCB waste which is regulated for disposal under the requirements of subpart D of this part.
Distribute in commerce and Distribution
in Commerce when used to describe an
action taken with respect to a chemical substance, mixture, or article containing a substance or mixture means
to sell, or the sale of, the substance,
mixture, or article in commerce; to introduce or deliver for introduction into
commerce, or the introduction or delivery for introduction into commerce
of the substance, mixture, or article; or
to hold or the holding of, the substance, mixture, or article after its introduction into commerce.
DOT means the United States Department of Transportation.
Dry weight means the weight of the
sample, excluding the weight of the
water in the sample. Prior to chemical
analysis the water may be removed by
any reproducible method that is applicable to measuring PCBs in the sample
matrix at the concentration of concern, such as air drying at ambient
temperature, filtration, decantation,
heating at low temperature followed by
cooling in the presence of a desiccant,
or other processes or combinations of
processes which would remove water
but not remove PCBs from the sample.
Analytical procedures which calculate
the dry weight concentration by ad-

justing for moisture content may also
be used.
EPA identification number means the
12-digit number assigned to a facility
by EPA upon notification of PCB waste
activity under § 761.205.
Excluded manufacturing process means
a manufacturing process in which
quantities of PCBs, as determined in
accordance with the definition of inadvertently generated PCBs, calculated
as defined, and from which releases to
products, air, and water meet the requirements of paragraphs (1) through
(5) of this definition, or the importation of products containing PCBs as
unintentional impurities, which products meet the requirements of paragraphs (1) and (2) of this definition.
(1) The concentration of inadvertently generated PCBs in products leaving any manufacturing site or imported into the United States must
have an annual average of less than 25
ppm, with a 50 ppm maximum.
(2) The concentration of inadvertently generated PCBs in the components of detergent bars leaving the
manufacturing site or imported into
the United States must be less than 5
ppm.
(3) The release of inadvertently generated PCBs at the point at which
emissions are vented to ambient air
must be less than 10 ppm.
(4) The amount of inadvertently generated PCBs added to water discharged
from a manufacturing site must be less
than 100 micrograms per resolvable gas
chromatographic peak per liter of
water discharged.
(5) Disposal of any other process
wastes above concentrations of 50 ppm
PCB must be in accordance with subpart D of this part.
Excluded PCB products means PCB
materials which appear at concentrations less than 50 ppm, including but
not limited to:
(1) Non-Aroclor inadvertently generated PCBs as a byproduct or impurity resulting from a chemical manufacturing process.
(2) Products contaminated with
Aroclor or other PCB materials from
historic PCB uses (investment casting
waxes are one example).
(3) Recycled fluids and/or equipment
contaminated during use involving the

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Environmental Protection Agency

§ 761.3

products described in paragraphs (1)
and (2) of this definition (heat transfer
and hydraulic fluids and equipment and
other electrical equipment components
and fluids are examples).
(4) Used oils, provided that in the
cases of paragraphs (1) through (4) of
this definition:
(i) The products or source of the
products containing <50 ppm concentration PCBs were legally manufactured, processed, distributed in commerce, or used before October 1, 1984.
(ii) The products or source of the
products containing <50 ppm concentrations PCBs were legally manufactured, processed, distributed in commerce, or used, i.e., pursuant to authority granted by EPA regulation, by
exemption petition, by settlement
agreement, or pursuant to other Agency-approved programs;
(iii) The resulting PCB concentration
(i.e. below 50 ppm) is not a result of dilution, or leaks and spills of PCBs in
concentrations over 50 ppm.
Facility means all contiguous land,
and structures, other appurtenances,
and improvements on the land, used for
the treatment, storage, or disposal of
PCB waste. A facility may consist of
one or more treatment, storage, or disposal units.
Fluorescent light ballast means a device that electrically controls fluorescent light fixtures and that includes a
capacitor containing 0.1 kg or less of
dielectric.
Generator of PCB waste means any
person whose act or process produces
PCBs that are regulated for disposal
under subpart D of this part, or whose
act first causes PCBs or PCB Items to
become subject to the disposal requirements of subpart D of this part, or who
has physical control over the PCBs
when a decision is made that the use of
the PCBs has been terminated and
therefore is subject to the disposal requirements of subpart D of this part.
Unless another provision of this part
specifically requires a site-specific
meaning, ‘‘generator of PCB waste’’ includes all of the sites of PCB waste
generation owned or operated by the
person who generates PCB waste.
High occupancy area means any area
where PCB remediation waste has been
disposed of on-site and where occu-

pancy for any individual not wearing
dermal and respiratory protection for a
calendar year is: 840 hours or more (an
average of 16.8 hours or more per week)
for non-porous surfaces and 335 hours
or more (an average of 6.7 hours or
more per week) for bulk PCB remediation waste. Examples could include a
residence, school, day care center,
sleeping quarters, a single or multiple
occupancy 40 hours per week work station, a school class room, a cafeteria in
an industrial facility, a control room,
and a work station at an assembly line.
Importer means any person defined as
an ‘‘importer’’ at § 720.3(l) of this chapter who imports PCBs or PCB Items
and is under the jurisdiction of the
United States.
Impurity means a chemical substance
which is unintentionally present with
another chemical substance.
In or Near Commercial Buildings means
within the interior of, on the roof of,
attached to the exterior wall of, in the
parking area serving, or within 30 meters of a non-industrial non-substation
building. Commercial buildings are
typically accessible to both members
of the general public and employees,
and include: (1) Public assembly properties, (2) educational properties, (3) institutional properties, (4) residential
properties, (5) stores, (6) office buildings, and (7) transportation centers
(e.g., airport terminal buildings, subway stations, bus stations, or train stations).
Incinerator means an engineered device using controlled flame combustion
to thermally degrade PCBs and PCB
Items. Examples of devices used for incineration include rotary kilns, liquid
injection incinerators, cement kilns,
and high temperature boilers.
Industrial building means a building
directly used in manufacturing or technically productive enterprises. Industrial buildings are not generally or
typically accessible to other than
workers. Industrial buildings include
buildings used directly in the production of power, the manufacture of products, the mining of raw materials, and
the storage of textiles, petroleum products, wood and paper products, chemicals, plastics, and metals.

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§ 761.3

40 CFR Ch. I (7–1–18 Edition)

Laboratory means a facility that analyzes samples for PCBs and is unaffiliated with any entity whose activities
involve PCBs.
Leak or leaking means any instance
in which a PCB Article, PCB Container, or PCB Equipment has any
PCBs on any portion of its external
surface.
Liquid PCBs means a homogenous
flowable material containing PCBs and
no more than 0.5 percent by weight
non-dissolved material.
Low occupancy area means any area
where PCB remediation waste has been
disposed of on-site and where occupancy for any individual not wearing
dermal and respiratory protection for a
calendar year is: less than 840 hours (an
average of 16.8 hours per week) for nonporous surfaces and less than 335 hours
(an average of 6.7 hours per week) for
bulk PCB remediation waste. Examples
could include an electrical substation
or a location in an industrial facility
where a worker spends small amounts
of time per week (such as an unoccupied area outside a building, an electrical equipment vault, or in the nonoffice space in a warehouse where occupancy is transitory).
Manifest means the shipping document EPA form 8700–22 and any continuation sheet attached to EPA form
8700–22, originated and signed by the
generator of PCB waste in accordance
with the instructions included with the
form and subpart K of this part.
Manned Control Center means an electrical power distribution control room
where the operating conditions of a
PCB Transformer are continuously
monitored during the normal hours of
operation (of the facility), and, where
the duty engineers, electricians, or
other trained personnel have the capability to deenergize a PCB Transformer
completely within 1 minute of the receipt of a signal indicating abnormal
operating conditions such as an overtemperature condition or overpressure
condition in a PCB Transformer.
Manufacture means to produce, manufacture, or import into the customs
territory of the United States.
Manufacturing process means all of a
series of unit operations operating at a
site, resulting in the production of a
product.

Mark means the descriptive name, instructions, cautions, or other information applied to PCBs and PCB Items, or
other objects subject to these regulations.
Marked means the marking of PCB
Items and PCB storage areas and transport vehicles by means of applying a
legible mark by painting, fixation of an
adhesive label, or by any other method
that meets the requirements of these
regulations.
Market/Marketers means the processing or distributing in commerce, or
the person who processes or distributes
in commerce, used oil fuels to burners
or other marketers, and may include
the generator of the fuel if it markets
the fuel directly to the burner.
Mineral Oil PCB Transformer means
any transformer originally designed to
contain mineral oil as the dielectric
fluid and which has been tested and
found to contain 500 ppm or greater
PCBs.
Mixture means any combination of
two or more chemical substances if the
combination does not occur in nature
and is not, in whole or in part, the result of a chemical reaction; except that
such term does include any combination which occurs, in whole or in part,
as a result of a chemical reaction if
none of the chemical substances comprising the combination is a new chemical substance and if the combination
could have been manufactured for commercial purposes without a chemical
reaction at the time the chemical substances comprising the combination
were combined.
Municipal solid wastes means garbage,
refuse, sludges, wastes, and other discarded materials resulting from residential and non-industrial operations
and activities, such as household activities, office functions, and commercial housekeeping wastes.
Natural gas pipeline system means natural gas gathering facilities, natural
gas pipe, natural gas compressors, natural gas storage facilities, and natural
gas pipeline appurtenances (including
instrumentation and vessels directly in
contact with transported natural gas
such as valves, regulators, drips, filter
separators, etc., but not including air
compressors).

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Environmental Protection Agency

§ 761.3

Non-liquid PCBs means materials containing PCBs that by visual inspection
do not flow at room temperature (25 °C
or 77 °F) or from which no liquid passes
when a 100 g or 100 ml representative
sample is placed in a mesh number 60
±5 percent paint filter and allowed to
drain at room temperature for 5 minutes.
Non-PCB Transformer means any
transformer that contains less than 50
ppm PCB; except that any transformer
that has been converted from a PCB
Transformer or a PCB-Contaminated
Transformer cannot be classified as a
non-PCB Transformer until reclassification has occurred, in accordance
with
the
requirements
of
§ 761.30(a)(2)(v).
Non-porous surface means a smooth,
unpainted solid surface that limits penetration of liquid containing PCBs beyond the immediate surface. Examples
are: smooth uncorroded metal; natural
gas pipe with a thin porous coating
originally applied to inhibit corrosion;
smooth glass; smooth glazed ceramics;
impermeable polished building stone
such as marble or granite; and high
density
plastics,
such
as
polycarbonates and melamines, that do
not absorb organic solvents.
NTIS means the National Technical
Information Service, U.S. Department
of Commerce, 5285 Port Royal Rd.,
Springfield, VA 22161.
On site means within the boundaries
of a contiguous property unit.
Open burning means the combustion
of any PCB regulated for disposal, in a
manner not approved or otherwise allowed under subpart D of this part, and
without any of the following:
(1) Control of combustion air to
maintain adequate temperature for efficient combustion.
(2) Containment of the combustion
reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.
(3) Control of emission of the gaseous
combustion products.
PCB and PCBs means any chemical
substance that is limited to the
biphenyl molecule that has been
chlorinated to varying degrees or any
combination of substances which contains such substance. Refer to § 761.1(b)
for applicable concentrations of PCBs.

PCB and PCBs as contained in PCB
items are defined in § 761.3. For any
purposes under this part, inadvertently
generated non-Aroclor PCBs are defined as the total PCBs calculated following division of the quantity of
monochlorinated biphenyls by 50 and
dichlorinated biphenyls by 5.
PCB Article means any manufactured
article, other than a PCB Container,
that contains PCBs and whose surface(s) has been in direct contact with
PCBs. ‘‘PCB Article’’ includes capacitors, transformers, electric motors,
pumps, pipes and any other manufactured item (1) which is formed to a specific shape or design during manufacture, (2) which has end use function(s)
dependent in whole or in part upon its
shape or design during end use, and (3)
which has either no change of chemical
composition during its end use or only
those changes of composition which
have no commercial purpose separate
from that of the PCB Article.
PCB Article Container means any
package, can, bottle, bag, barrel, drum,
tank, or other device used to contain
PCB Articles or PCB Equipment, and
whose surface(s) has not been in direct
contact with PCBs.
PCB bulk product waste means waste
derived from manufactured products
containing PCBs in a non-liquid state,
at any concentration where the concentration at the time of designation
for disposal was ≥50 ppm PCBs. PCB
bulk product waste does not include
PCBs or PCB Items regulated for disposal under § 761.60(a) through (c),
§ 761.61, § 761.63, or § 761.64. PCB bulk
product waste includes, but is not limited to:
(1) Non-liquid bulk wastes or debris
from the demolition of buildings and
other man-made structures manufactured, coated, or serviced with PCBs.
PCB bulk product waste does not include debris from the demolition of
buildings or other man-made structures that is contaminated by spills
from regulated PCBs which have not
been disposed of, decontaminated, or
otherwise cleaned up in accordance
with subpart D of this part.
(2) PCB-containing wastes from the
shredding of automobiles, household
appliances, or industrial appliances.

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§ 761.3

40 CFR Ch. I (7–1–18 Edition)

(3) Plastics (such as plastic insulation from wire or cable; radio, television and computer casings; vehicle
parts;
or
furniture
laminates);
preformed or molded rubber parts and
components; applied dried paints, varnishes, waxes or other similar coatings
or sealants; caulking; adhesives; paper;
Galbestos; sound deadening or other
types of insulation; and felt or fabric
products such as gaskets.
(4) Fluorescent light ballasts containing PCBs in the potting material.
PCB Capacitor means any capacitor
that contains ≥500 ppm PCB. Concentration assumptions applicable to
capacitors appear under § 761.2.
PCB Container means any package,
can, bottle, bag, barrel, drum, tank, or
other device that contains PCBs or
PCB Articles and whose surface(s) has
been in direct contact with PCBs.
PCB-Contaminated means a non-liquid
material containing PCBs at concentrations ≥50 ppm but <500 ppm; a
liquid material containing PCBs at
concentrations ≥50 ppm but <500 ppm or
where insufficient liquid material is
available for analysis, a non-porous
surface having a surface concentration
>10 μg/100 cm2 but <100 μg/100 cm2,
measured by a standard wipe test as
defined in § 761.123.
PCB-Contaminated Electrical Equipment means any electrical equipment
including, but not limited to, transformers (including those used in railway locomotives and self-propelled
cars), capacitors, circuit breakers, reclosers, voltage regulators, switches
(including sectionalizers and motor
starters), electromagnets, and cable,
that contains PCBs at concentrations
of ≥50 ppm and <500 ppm in the contaminating fluid. In the absence of liquids, electrical equipment is PCB-Contaminated if it has PCBs at >10 μg/100
cm2 and <100 μg/100 cm2 as measured by
a standard wipe test (as defined in
§ 761.123) of a non-porous surface.
PCB Equipment means any manufactured item, other than a PCB Container or a PCB Article Container,
which contains a PCB Article or other
PCB Equipment, and includes microwave ovens, electronic equipment, and
fluorescent light ballasts and fixtures.
PCB field screening test means a portable analytical device or kit which

measures PCBs. PCB field screening
tests usually report less than or greater than a specific numerical PCB concentration. These tests normally build
in a safety factor which increases the
probability of a false positive report
and decreases the probability of a false
negative report. PCB field screening
tests do not usually provide: an identity record generated by an instrument;
a
quantitative
comparison
record from calibration standards; any
identification of PCBs; and/or any indication or identification of interferences with the measurement of the
PCBs. PCB field screening test technologies include, but are not limited
to, total chlorine colorimetric tests,
total chlorine x-ray fluorescence tests,
total chlorine microcoulometric tests,
and rapid immunoassay tests.
PCB household waste means PCB
waste that is generated by residents on
the premises of a temporary or permanent residence for individuals (including individually owned or rented units
of a multi-unit construction), and that
is composed primarily of materials
found in wastes generated by consumers in their homes. PCB household
waste includes unwanted or discarded
non-commercial vehicles (prior to
shredding), household items, and appliances or appliance parts and wastes
generated on the premises of a residence for individuals as a result of routine household maintenance by or on
behalf of the resident. Bulk or commingled liquid PCB wastes at concentrations of ≥50 ppm, demolition and renovation wastes, and industrial or heavy
duty equipment with PCBs are not
household wastes.
PCB Item means any PCB Article,
PCB Article Container, PCB Container,
PCB Equipment, or anything that deliberately or unintentionally contains
or has as a part of it any PCB or PCBs.
PCB/radioactive waste means PCBs
regulated for disposal under subpart D
of this part that also contain source,
special nuclear, or byproduct material
subject to regulation under the Atomic
Energy Act of 1954, as amended, or naturally-occurring or accelerator-produced radioactive material.
PCB remediation waste means waste
containing PCBs as a result of a spill,
release, or other unauthorized disposal,

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Environmental Protection Agency

§ 761.3

at the following concentrations: Materials disposed of prior to April 18, 1978,
that are currently at concentrations
≥50 ppm PCBs, regardless of the concentration of the original spill; materials which are currently at any volume or concentration where the original source was ≥500 ppm PCBs beginning on April 18, 1978, or ≥50 ppm PCBs
beginning on July 2, 1979; and materials which are currently at any concentration if the PCBs are spilled or released from a source not authorized for
use under this part. PCB remediation
waste means soil, rags, and other debris generated as a result of any PCB
spill cleanup, including, but not limited to:
(1) Environmental media containing
PCBs, such as soil and gravel; dredged
materials, such as sediments, settled
sediment fines, and aqueous decantate
from sediment.
(2) Sewage sludge containing <50 ppm
PCBs and not in use according to
§ 761.20(a)(4); PCB sewage sludge; commercial or industrial sludge contaminated as the result of a spill of PCBs
including sludges located in or removed from any pollution control device; aqueous decantate from an industrial sludge.
(3) Buildings and other man-made
structures (such as concrete floors,
wood floors, or walls contaminated
from a leaking PCB or PCB-Contaminated Transformer), porous surfaces,
and non-porous surfaces.
PCB sewage sludge means sewage
sludge as defined in 40 CFR 503.9(w)
which contains ≥50 ppm PCBs, as measured on a dry weight basis.
PCB Transformer means any transformer that contains ≥500 ppm PCBs.
For PCB concentration assumptions
applicable to transformers containing
1.36 kilograms (3 lbs.) or more of fluid
other than mineral oil, see § 761.2. For
provisions permitting reclassification
of electrical equipment, including PCB
Transformers, containing ≥500 ppm
PCBs to PCB-Contaminated Electrical
Equipment, see § 761.30(a) and (h).
PCB waste(s) means those PCBs and
PCB Items that are subject to the disposal requirements of subpart D of this
part.
Performance-based
organic
decontamination fluid (PODF) means ker-

osene, diesel fuel, terpene hydrocarbons, and terpene hydrocarbon/alcohol mixtures.
Person means any natural or judicial
person including any individual, corporation, partnership, or association;
any State or political subdivision
thereof; any interstate body; and any
department, agency, or instrumentality of the Federal Government.
Porous surface means any surface
that allows PCBs to penetrate or pass
into itself including, but not limited
to, paint or coating on metal; corroded
metal; fibrous glass or glass wool;
unglazed ceramics; ceramics with a porous glaze; porous building stone such
as sandstone, travertine, limestone, or
coral rock; low-density plastics such as
styrofoam
and
low-density
polyethylene; coated (varnished or painted)
or uncoated wood; concrete or cement;
plaster; plasterboard; wallboard; rubber; fiberboard; chipboard; asphalt; or
tar paper. For purposes of cleaning and
disposing of PCB remediation waste,
porous surfaces have different requirements than non-porous surfaces.
Posing an exposure risk to food or feed
means being in any location where
human food or animal feed products
could be exposed to PCBs released from
a PCB Item. A PCB Item poses an exposure risk to food or feed if PCBs released in any way from the PCB Item
have a potential pathway to human
food or animal feed. EPA considers
human food or animal feed to include
items regulated by the U.S. Department of Agriculture or the Food and
Drug Administration as human food or
animal feed; this includes direct additives. Food or feed is excluded from
this definition if it is used or stored in
private homes.
Process means the preparation of a
chemical substance or mixture, after
its manufacture, for distribution in
commerce:
(1) In the same form or physical state
as, or in a different form or physical
state from, that in which it was received by the person so preparing such
substance or mixture, or
(2) As part of an article containing
the chemical substance or mixture.
Qualified incinerator means one of the
following:

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§ 761.3

40 CFR Ch. I (7–1–18 Edition)

(1) An incinerator approved under the
provisions of § 761.70. Any level of PCB
concentration can be destroyed in an
incinerator approved under § 761.70.
(2) A high efficiency boiler which
complies
with
the
criteria
of
§ 761.71(a)(1), and for which the operator
has given written notice to the appropriate EPA Regional Administrator in
accordance with the notification requirements for the burning of mineral
oil dielectric fluid under § 761.71(a)(2).
(3) An incinerator approved under
section 3005(c) of the Resource Conservation and Recovery Act (42 U.S.C.
6925(c)) (RCRA).
(4) Industrial furnaces and boilers
which are identified in 40 CFR 260.10
and 40 CFR 279.61 (a)(1) and (2) when operating at their normal operating temperatures (this prohibits feeding fluids,
above the level of detection, during either startup or shutdown operations).
Quantifiable Level/Level of Detection
means 2 micrograms per gram from
any resolvable gas chromatographic
peak, i.e. 2 ppm.
RCRA means the Resource Conservation and Recovery Act (40 U.S.C. 6901 et
seq.).
Recycled PCBs means those PCBs
which appear in the processing of paper
products or asphalt roofing materials
from PCB-contaminated raw materials.
Processes which recycle PCBs must
meet the following requirements:
(1) There are no detectable concentrations of PCBs in asphalt roofing
material products leaving the processing site.
(2) The concentration of PCBs in
paper products leaving any manufacturing site processing paper products,
or in paper products imported into the
United States, must have an annual average of less than 25 ppm with a 50 ppm
maximum.
(3) The release of PCBs at the point
at which emissions are vented to ambient air must be less than 10 ppm.
(4) The amount of Aroclor PCBs
added to water discharged from an asphalt roofing processing site must at
all times be less than 3 micrograms per
liter (μg/L) for total Aroclors (roughly
3 parts per billion (3 ppb)). Water discharges from the processing of paper
products must at all times be less than
3 micrograms per liter (μg/L) for total

Aroclors (roughly 3 ppb), or comply
with the equivalent mass-based limitation.
(5) Disposal of any other process
wastes at concentrations of 50 ppm or
greater must be in accordance with
subpart D of this part.
Research and development (R&D) for
PCB disposal means demonstrations for
commercial PCB disposal approvals,
pre-demonstration tests, tests of major
modifications to previously approved
PCB disposal technologies, treatability
studies for PCB disposal technologies
which have not been approved, development of new disposal technologies, and
research on chemical transformation
processes including, but not limited to,
biodegradation.
Retrofill means to remove PCB or
PCB-contaminated dielectric fluid and
to replace it with either PCB, PCB-contaminated, or non-PCB dielectric fluid.
Rupture of a PCB Transformer means a
violent or non-violent break in the integrity of a PCB Transformer caused
by an overtemperature and/or overpressure condition that results in the
release of PCBs.
Sale for purposes other than resale
means sale of PCBs for purposes of disposal and for purposes of use, except
where use involves sale for distribution
in commerce. PCB Equipment which is
first leased for purposes of use any
time before July 1, 1979, will be considered sold for purposes other than resale.
Sewage sludge means sewage sludge as
defined in § 503.9(w) of this chapter that
contains <50 ppm (on a dry weight
basis) PCBs.
Small quantities for research and development means any quantity of PCBs (1)
that is originally packaged in one or
more hermetically sealed containers of
a volume of no more than five (5.0) milliliters, and (2) that is used only for
purposes of scientific experimentation
or analysis, or chemical research on, or
analysis of, PCBs, but not for research
or analysis for the development of a
PCB product.
Soil washing means the extraction of
PCBs from soil using a solvent, recovering the solvent from the soil, separating the PCBs from the recovered
solvent for disposal, and then disposal
or reuse of the solvent.

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Environmental Protection Agency

§ 761.3

Standard wipe sample means a sample
collected for chemical extraction and
analysis using the standard wipe test
as defined in § 761.123. Except as designated elsewhere in part 761, the minimum surface area to be sampled shall
be 100 cm2.
Storage for disposal means temporary
storage of PCBs that have been designated for disposal.
SW–846 means the document having
the title ‘‘SW-846, Test Methods for
Evaluating Solid Waste,’’ which is
available from either the National
Technical Information Service (NTIS,
U.S. Department of Commerce, 5285
Port Royal Rd., Springfield, VA 22161,
telephone: (703) 487-4650 or the U.S.
Government Printing Office (U.S. GPO,
710 North Capitol St., NW., Washington, DC 20401, telephone: (202) 7833238.
Totally enclosed manner means any
manner that will ensure no exposure of
human beings or the environment to
any concentration of PCBs.
Transfer facility means any transportation-related facility including loading docks, parking areas, and other
similar areas where shipments of PCB
waste are held during the normal
course of transportation. Transport vehicles are not transfer facilities under
this definition, unless they are used for
the storage of PCB waste, rather than
for actual transport activities. Storage
areas for PCB waste at transfer facilities are subject to the storage facility
standards of § 761.65, but such storage
areas are exempt from the approval requirements of § 761.65(d) and the recordkeeping requirements of § 761.180, unless the same PCB waste is stored there
for a period of more than 10 consecutive days between destinations.
Transporter of PCB waste means, for
the purposes of subpart K of this part,
any person engaged in the transportation of regulated PCB waste by air,
rail, highway, or water for purposes
other than consolidation by a generator.
Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each

cargo-carrying body (e.g., trailer, railroad freight car) is a separate transport vehicle.
Treatability Study means a study in
which PCB waste is subjected to a
treatment process to determine:
(1) Whether the waste is amenable to
the treatment process;
(2) What pretreatment (if any) is required;
(3) The optimal process conditions
needed to achieve the desired treatment;
(4) The efficiency of a treatment
process for the specific type of waste
(i.e., soil, sludge, liquid, etc.); or,
(5) The characteristics and volumes
of residuals from a particular treatment process. A ‘‘treatability study’’ is
not a mechanism to commercially
treat or dispose of PCB waste. Treatment is a form of disposal under this
part.
TSCA means the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.).
TSCA PCB Coordinated Approval
means the process used to recognize
other Federal or State waste management documents governing the storage,
cleanup, treatment, and disposal of
PCB wastes. It is the mechanism under
TSCA for accomplishing review, coordination, and approval of PCB waste
management activities which are conducted outside of the TSCA PCB approval process, but require approval
under the TSCA PCB regulations at 40
CFR part 761.
Unit means a particular building,
structure, or cell used to manage PCB
waste (including, but not limited to, a
building used for PCB waste storage, a
landfill, an industrial boiler, or an incinerator).
U.S. GPO means the U.S. Government
Printing Office, 710 North Capitol St.,
NW., Washington, DC 20401.
Waste Oil means used products primarily derived from petroleum, which
include, but are not limited to, fuel
oils, motor oils, gear oils, cutting oils,
transmission fluids, hydraulic fluids,
and dielectric fluids.
Wet weight means reporting chemical
analysis results by including either the

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§ 761.19

40 CFR Ch. I (7–1–18 Edition)

weight, or the volume and density, of
all liquids.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[49 FR 25239, June 20, 1984, as amended at 49
FR 28189, July 10, 1984; 49 FR 29066, July 18,
1984; 49 FR 44638, Nov. 8, 1984; 50 FR 29199,
July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR
24220, June 27, 1988; 53 FR 27327, July 19, 1988;
54 FR 52745, Dec. 21, 1989; 55 FR 26205, June
27, 1990; 58 FR 32061, June 8, 1993; 61 FR 11106,
Mar. 18, 1996; 63 FR 35437, June 29, 1998; 64 FR
33759, June 24, 1999]

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§ 761.19

References.

The materials listed in this section
are incorporated by reference into this
part with the approval of the Director
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, a document must be published in the FEDERAL REGISTER and
the material must be available to the
public. All approved materials are
available for inspection at the OPPT
Docket in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg.,
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is (202) 566–1744, and the
telephone number for the OPPT Docket
is (202) 566–0280. These approved materials are also available for inspection
at the National Archives and Records
Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030 or go
to
http://www.archives.gov/
federallregister/
codeloflfederallregulations/
ibrllocations.html. In addition, these
materials are available from the
sources listed below.
(a) ASTM materials. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–ASTM,
or at http://www.astm.org.
(1) ASTM D93–09 (Approved December
15, 2009), Standard Test Methods for
Flash Point by Pensky-Martens Closed
Tester, IBR approved for §§ 761.71,
761.75.

(2) ASTM D129–64 (Reapproved 1978),
Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), IBR approved for § 761.71.
(3) ASTM D240–87, Standard Test
Method for Heat of Combustion of Liquid Hydrocarbon Fuel by Bomb Calorimeter, IBR approved for § 761.71.
(4) ASTM D482–87, Standard Test
Method for Ash from Petroleum Products, IBR approved for § 761.71.
(5) ASTM D524–88, Standard Test
Method for Ramsbottom Carbon Residue of Petroleum Products, IBR approved for § 761.71.
(6) ASTM D808–87, Standard Test
Method for Chlorine in New and Used
Petroleum Products (Bomb Method),
IBR approved for § 761.71.
(7) ASTM D923–86, Standard Test
Method for Sampling Electrical Insulating Liquids, IBR approved for
§ 761.60.
(8) ASTM D923–89, Standard Methods
of Sampling Electrical Insulating Liquids, IBR approved for § 761.60.
(9) ASTM D1266–87, Standard Test
Method for Sulfur in Petroleum Products (Lamp Method), IBR approved for
§ 761.71.
(10) ASTM D1796–83 (Reapproved
1990), Standard Test Method for Water
and Sediment in Fuel Oils by the Centrifuge Method (Laboratory Procedure), IBR approved for § 761.71.
(11) ASTM D2158–89, Standard Test
Method for Residues in Liquified Petroleum (LP) Gases, IBR approved for
§ 761.71.
(12) ASTM D2709–88, Standard Test
Method for Water and Sediment in Distillate Fuels by Centrifuge, IBR approved for § 761.71.
(13) ASTM D2784–89, Standard Test
Method for Sulfur in Liquified Petroleum Gases (Oxy-hydrogen Burner or
Lamp), IBR approved for § 761.71.
(14) ASTM D3178–84, Standard Test
Methods for Carbon and Hydrogen in
the Analysis Sample of Coke and Coal,
IBR approved for § 761.71.
(15) ASTM D3278–89, Standard Test
Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus, IBR
approved for § 761.75.
(16) ASTM E258–67 (Reapproved 1987),
Standard Test Method for Total Nitrogen Inorganic Material by Modified

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Environmental Protection Agency

§ 761.20

KJELDAHL Method, IBR approved for
§ 761.71.
(b) [Reserved]
[77 FR 2463, Jan. 18, 2012]

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Subpart B—Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and
PCB Items
§ 761.20 Prohibitions and exceptions.
Except as authorized in § 761.30, the
activities listed in paragraphs (a) and
(d) of this section are prohibited pursuant to section 6(e)(2) of TSCA. The requirements set forth in paragraph (c) of
this section and subpart F of this part
concerning export and import of PCBs
and PCB Items for disposal are established pursuant to section 6(e)(1) of
TSCA. Subject to any exemptions
granted pursuant to section 6(e)(3)(B)
of TSCA, the activities listed in paragraphs (b) and (c) of this section are
prohibited
pursuant
to
section
(6)(e)(3)(A) of TSCA. In addition, the
Administrator hereby finds, under the
authority of section 12(a)(2) of TSCA,
that the manufacture, processing, and
distribution in commerce of PCBs at
concentrations of 50 ppm or greater
and PCB Items with PCB concentrations of 50 ppm or greater present an
unreasonable risk of injury to health
within the United States. This finding
is based upon the well-documented
human health and environmental hazard of PCB exposure, the high probability of human and environmental
exposure to PCBs and PCB Items from
manufacturing, processing, or distribution activities; the potential hazard of
PCB exposure posed by the transportation of PCBs or PCB Items within
the United States; and the evidence
that contamination of the environment
by PCBs is spread far beyond the areas
where they are used. In addition, the
Administrator hereby finds, for purposes of section 6(e)(2)(C) of TSCA, that
any exposure of human beings or the
environment to PCBs, as measured or
detected by any scientifically acceptable analytical method, may be significant, depending on such factors as the
quantity of PCBs involved in the exposure, the likelihood of exposure to humans and the environment, and the ef-

fect of exposure. For purposes of determining which PCB Items are totally
enclosed, pursuant to section 6(e)(2)(C)
of TSCA, since exposure to such Items
may be significant, the Administrator
further finds that a totally enclosed
manner is a manner which results in no
exposure to humans or the environment to PCBs. The following activities
are considered totally enclosed: distribution in commerce of intact, nonleaking electrical equipment such as
transformers (including transformers
used in railway locomotives and selfpropelled
cars),
capacitors,
electromagnets, voltage regulators,
switches (including sectionalizers and
motor starters), circuit breakers, reclosers, and cable that contain PCBs at
any concentration and processing and
distribution in commerce of PCB
Equipment containing an intact, nonleaking PCB Capacitor. See paragraph
(c)(1) of this section for provisions allowing the distribution in commerce of
PCBs and PCB Items.
(a) No persons may use any PCB, or
any PCB Item regardless of concentration, in any manner other than in a totally enclosed manner within the
United States unless authorized under
§ 761.30, except that:
(1) An authorization is not required
to use those PCBs or PCB Items which
consist of excluded PCB products as defined in § 761.3.
(2) An authorization is not required
to use those PCBs or PCB Items resulting from an excluded manufacturing
process or recycled PCBs as defined in
§ 761.3, provided all applicable conditions of § 761.1(f) are met.
(3) An authorization is not required
to use those PCB Items which contain
or whose surfaces have been in contact
with excluded PCB products as defined
in § 761.3.
(4) An authorization is not required
to use sewage sludge where the uses are
regulated at parts 257, 258, and 503 of
this chapter. No person may blend or
otherwise dilute PCBs regulated for
disposal, including PCB sewage sludge
and sewage sludge not used pursuant to
parts 257, 258, and 503 of this chapter,
for purposes of use or to avoid disposal
requirements under this part. Except
as explicitly provided in subpart D of

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§ 761.20

40 CFR Ch. I (7–1–18 Edition)

this part, no person may dispose of regulated PCB wastes including, but not
limited to, PCB remediation waste,
PCB bulk product waste, PCBs, and
PCB industrial sludges, into treatment
works, as defined in § 503.9(aa) of this
chapter.
(b) No person may manufacture PCBs
for use within the United States or
manufacture PCBs for export from the
United States without an exemption,
except that: an exemption is not required for PCBs manufactured in an excluded manufacturing process as defined in § 761.3, provided all applicable
conditions of § 761.1(f) are met.
(c) No persons may process or distribute in commerce any PCB, or any
PCB Item regardless of concentration,
for use within the United States or for
export from the United States without
an exemption, except that an exemption is not required to process or distribute in commerce PCBs or PCB
Items resulting from an excluded manufacturing process as defined in § 761.3,
or to process or distribute in commerce
recycled PCBs as defined in § 761.3, or
to process or distribute in commerce
excluded PCB products as defined in
§ 761.3, provided that all applicable conditions of § 761.1(f) are met. In addition,
the activities described in paragraphs
(c) (1) through (5) of this section may
also be conducted without an exemption, under the conditions specified
therein.
(1) PCBs at concentrations of 50 ppm
or greater, or PCB Items with PCB concentrations of 50 ppm or greater, sold
before July 1, 1979 for purposes other
than resale may be distributed in commerce only in a totally enclosed manner after that date.
(2) Any person may process and distribute in commerce for disposal PCBs
at concentrations of ≥50 ppm, or PCB
Items with PCB concentrations of ≥50
ppm, if they comply with the applicable provisions of this part.
(i) Processing activities which are
primarily associated with and facilitate storage or transportation for disposal do not require a TSCA PCB storage or disposal approval.
(ii) Processing activities which are
primarily associated with and facilitate treatment, as defined in § 260.10 of
this chapter, or disposal require a

TSCA PCB disposal approval unless
they are part of an existing approval,
are part of a self-implementing activity under § 761.61(a) or § 761.79 (b) or (c),
or are otherwise specifically allowed
under subpart D of this part.
(iii) With the exception of provisions
in § 761.60 (a)(2) and (a)(3), in order to
meet the intent of § 761.1(b), processing,
diluting, or otherwise blending of
waste prior to being introduced into a
disposal unit for purposes of meeting a
PCB concentration limit shall be done
in accordance with a TSCA PCB disposal approval or comply with the requirements of § 761.79.
(iv) Where the rate of delivering liquids or non-liquids into a PCB disposal
unit is an operating parameter, this
rate shall be a condition of the TSCA
PCB disposal approval for the unit
when an approval is required.
(3) PCBs and PCB Items may be exported for disposal in accordance with
the requirements of subpart F of this
part.
(4) PCBs, at concentrations of less
than 50 ppm, or PCB Items, with concentrations of less than 50 ppm, may be
processed and distributed in commerce
for purposes of disposal.
(5) Decontaminated materials. Any
person may distribute in commerce
equipment, structures, or other liquid
or non-liquid materials that were contaminated with PCBs ≥50 ppm, including those not otherwise authorized for
distribution in commerce under this
part, provided that one of the following
applies:
(i) The materials were decontaminated in accordance with a TSCA PCB
disposal approval issued under subpart
D of this part, with § 761.79, or with applicable EPA PCB spill cleanup policies
in effect at the time of the decontamination.
(ii) If not previously decontaminated,
the materials now meet an applicable
decontamination standard in § 761.79(b).
(d) The use of waste oil that contains
any detectable concentration of PCB as
a sealant, coating, or dust control
agent is prohibited. Prohibited uses include, but are not limited to, road oiling, general dust control, use as a pesticide or herbicide carrier, and use as a
rust preventative on pipes.

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Environmental Protection Agency

§ 761.20

(e) In addition to any applicable requirements under 40 CFR part 279, subparts G and H, marketers and burners
of used oil who market (process or distribute in commerce) for energy recovery, used oil containing any quantifiable level of PCBs are subject to the
following requirements:
(1) Restrictions on marketing. Used oil
containing any quantifiable level of
PCBs (2 ppm) may be marketed only to:
(i) Qualified incinerators as defined
in 40 CFR 761.3.
(ii) Marketers who market off-specification used oil for energy recovery
only to other marketers who have notified EPA of their used oil management
activities, and who have an EPA identification number where an identification number is required by 40 CFR
279.73. This would include persons who
market off-specification used oil who
are subject to the requirements at 40
CFR part 279 and the notification requirements of 40 CFR 279.73.
(iii) Burners identified in 40 CFR
279.61(a)(1) and (2). Only burners in the
automotive industry may burn used oil
generated from automotive sources in
used oil-fired space heaters provided
the provisions of 40 CFR 279.23 are met.
The Regional Administrator may grant
a variance for a boiler that does not
meet the 40 CFR 279.61(a)(1) and (2) criteria after considering the criteria listed in 40 CFR 260.32 (a) through (f). The
applicant must address the relevant
criteria contained in 40 CFR 260.32 (a)
through (f) in an application to the Regional Administrator.
(2) Testing of used oil fuel. Used oil to
be burned for energy recovery is presumed to contain quantifiable levels (2
ppm) of PCB unless the marketer obtains analyses (testing) or other information that the used oil fuel does not
contain quantifiable levels of PCBs.
(i) The person who first claims that a
used oil fuel does not contain quantifiable level (2 ppm) PCB must obtain
analyses or other information to support that claim.
(ii) Testing to determine the PCB
concentration in used oil may be conducted on individual samples, or in accordance with the testing procedures
described in § 761.60(g)(2). However, for
purposes of this part, if any PCBs at a
concentration of 50 ppm or greater

have been added to the container or
equipment, then the total container
contents must be considered as having
a PCB concentration of 50 ppm or
greater for purposes of complying with
the disposal requirements of this part.
(iii) Other information documenting
that the used oil fuel does not contain
quantifiable levels (2 ppm) of PCBs
may consist of either personal, special
knowledge of the source and composition of the used oil, or a certification
from the person generating the used oil
claiming that the oil contains no detectable PCBs.
(3) Restrictions on burning. (i) Used oil
containing any quantifiable levels of
PCB may be burned for energy recovery only in the combustion facilities
identified in paragraph (e)(1) of this
section when such facilities are operating at normal operating temperatures (this prohibits feeding these fuels
during either startup or shutdown operations). Owners and operators of such
facilities are ‘‘burners’’ of used oil
fuels.
(ii) Before a burner accepts from a
marketer the first shipment of used oil
fuel containing detectable PCBs (2
ppm), the burner must provide the
marketer a one-time written and
signed notice certifying that:
(A) The burner has complied with
any notification requirements applicable to ‘‘qualified incinerators’’ (§ 761.3)
or to ‘‘burners’’ regulated under 40 CFR
part 279, subpart G.
(B) The burner will burn the used oil
only in a combustion facility identified
in paragraph (e)(1) of this section and
identify the class of burner he qualifies.
(4) Recordkeeping requirements. The
following recordkeeping requirements
are in addition to the recordkeeping requirements for marketers found in 40
CFR 279.72(b), 279.74(a), (b) and (c), and
279.75, and for burners found in 40 CFR
279.65 and 279.66.
(i) Marketers. Marketers who first
claim that the used oil fuel contains no
detectable PCBs must include among
the records required by 40 CFR 279.72(b)
and 279.74(b) and (c), copies of the analysis or other information documenting
his claim, and he must include among
the records required by 40 CFR 279.74(a)

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

and (c) and 279.75, a copy of each certification notice received or prepared
relating to transactions involving PCBcontaining used oil.
(ii) Burners. Burners must include
among the records required by 40 CFR
279.65 and 279.66, a copy of each certification notice required by paragraph
(e)(3)(ii) of this section that he sends to
a marketer.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 49 FR
25241, June 20, 1984; 49 FR 28190, July 10, 1984;
49 FR 44638, Nov. 8, 1984; 53 FR 12524, Apr. 15,
1988; 53 FR 24220, June 27, 1988; 58 FR 15435,
Mar. 23, 1993; 58 FR 34205, June 23, 1993; 60 FR
34465, July 3, 1995; 61 FR 11106, Mar. 18, 1996;
63 FR 35439, June 29, 1998; 64 FR 33760, June
24, 1999]

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§ 761.30

Authorizations.

The following non-totally enclosed
PCB activities are authorized pursuant
to section 6(e)(2)(B) of TSCA:
(a) Use in and servicing of transformers
(other than railroad transformers). PCBs
at any concentration may be used in
transformers (other than in railroad locomotives and self-propelled railroad
cars) and may be used for purposes of
servicing including rebuilding these
transformers for the remainder of their
useful lives, subject to the following
conditions:
(1) Use conditions. (i) As of October 1,
1985, the use and storage for reuse of
PCB Transformers that pose an exposure risk to food or feed is prohibited.
(ii) As of October 1, 1990, the use of
network PCB Transformers with higher
secondary voltages (secondary voltages
equal to or greater than 480 volts, including 480/277 volt systems) in or near
commercial buildings is prohibited.
Network PCB Transformers with higher secondary voltages which are removed from service in accordance with
this requirement must either be reclassified to PCB Contaminated or non
PCB status, placed into storage for disposal, or disposed.
(iii) Except as otherwise provided, as
of October 1, 1985, the installation of
PCB Transformers, which have been
placed into storage for reuse or which
have been removed from another loca-

tion, in or near commercial buildings
is prohibited.
(A) Retrofilled mineral oil PCB
Transformers may be installed for reclassification
purposes
indefinitely
after October 1, 1990.
(B) Once a retrofilled transformer has
been installed for reclassification purposes, it must be tested 3 months after
installation to ascertain the concentration of PCBs. If the PCB concentration
is below 50 ppm, the transformer can be
reclassified as a non-PCB Transformer.
If the PCB concentration is between 50
and 500 ppm, the transformer can be reclassified as a PCB-Contaminated
transformer. If the PCB concentration
remains at 500 ppm or greater, the entire process must either be repeated
until the transformer has been reclassified to a non-PCB or PCB-Contaminated transformer in accordance with
paragraph (a)(2)(v) of this section or
the transformer must be removed from
service.
(iv) As of October 1, 1990, all higher
secondary voltage radial PCB Transformers, in use in or near commercial
buildings, and lower secondary voltage
network PCB Transformers not located
in sidewalk vaults in or near commercial buildings (network transformers
with secondary voltages below 480
volts) that have not been removed from
service as provided in paragraph
(a)(1)(iv)(B) of this section, must be
equipped with electrical protection to
avoid transformer ruptures caused by
high current faults. As of February 25,
1991, all lower secondary voltage radial
PCB Transformers, in use in or near
commercial
buildings,
must
be
equipped with electrical protection to
avoid transformer ruptures caused by
high current faults.
(A) Current-limiting fuses or other
equivalent technology must be used to
detect sustained high current faults
and
provide
for
the
complete
deenergization of the transformer
(within several hundredths of a second
in the case of higher secondary voltage
radial PCB Transformers and within
tenths of a second in the case of lower
secondary voltage network PCB Transformers), before transformer rupture
occurs. Lower secondary voltage radial
PCB Transformers must be equipped
with electrical protection as provided

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Environmental Protection Agency

§ 761.30

in paragraph (a)(1)(iv)(E) of this section. The installation, setting, and
maintenance of current-limiting fuses
or other equivalent technology to
avoid PCB Transformer ruptures from
sustained high current faults must be
completed in accordance with good engineering practices.
(B) All lower secondary voltage network PCB Transformers not located in
sidewalk vaults (network transformers
with secondary voltages below 480
volts), in use in or near commercial
buildings, which have not been protected as specified in paragraph
(a)(1)(iv)(A) of this section by October
1, 1990, must be removed from service
by October 1, 1993.
(C) As of October 1, 1990, owners of
lower secondary voltage network PCB
Transformers, in use in or near commercial buildings which have not been
protected as specified in paragraph
(a)(1)(iv)(A) of this section and which
are not located in sidewalk vaults,
must register in writing those transformers with the EPA Regional Administrator in the appropriate region. The
information required to be provided in
writing to the Regional Administrator
includes:
(1) The specific location of the PCB
Transformer(s).
(2) The address(es) of the building(s)
and the physical location of the PCB
Transformer(s) on the building site(s).
(3) The identification number(s) of
the PCB Transformer(s).
(D) As of October 1, 1993, all lower
secondary voltage network PCB Transformers located in sidewalk vaults
(network transformers with secondary
voltages below 480 volts) in use near
commercial buildings must be removed
from service.
(E) As of February 25, 1991, all lower
secondary voltage radial PCB Transformers must be equipped with electrical protection, such as current-limiting fuses or other equivalent technology, to detect sustained high current faults and provide for the complete deenergization of the transformer
or complete deenergization of the
faulted phase of the transformer within
several hundredths of a second. The installation, setting, and maintenance of
current-limiting fuses or other equivalent technology to avoid PCB Trans-

former ruptures from sustained high
current faults must be completed in accordance with good engineering practices.
(v) As of October 1, 1990, all radial
PCB Transformers with higher secondary voltages (480 volts and above,
including 480/277 volt systems) in use in
or near commercial buildings must, in
addition to the requirements of paragraph (a)(1)(iv)(A) of this section, be
equipped with protection to avoid
transformer ruptures caused by sustained low current faults.
(A) Pressure and temperature sensors
(or other equivalent technology which
has been demonstrated to be effective
in early detection of sustained low current faults) must be used in these
transformers to detect sustained low
current faults.
(B) Disconnect equipment must be
provided
to
insure
complete
deenergization of the transformer in
the event of a sensed abnormal condition (e.g., an overpressure or overtemperature condition in the transformer), caused by a sustained low current fault. The disconnect equipment
must be configured to operate automatically within 30 seconds to 1
minute of the receipt of a signal indicating an abnormal condition from a
sustained low current fault, or can be
configured to allow for manual
deenergization from a manned on-site
control center upon the receipt of an
audio or visual signal indicating an abnormal condition caused by a sustained
low
current
fault.
Manual
deenergization from a manned on-site
control center must occur within 1
minute of the receipt of the audio or
visual signal indicating an abnormal
condition caused by a sustained low
current fault. If automatic operation is
selected and a circuit breaker is utilized for disconnection, it must also
have the capability to be manually
opened if necessary.
(C) The enhanced electrical protective system required for the detection
of sustained low current faults and the
complete and rapid deenergization of
transformers must be properly installed, maintained, and set sensitive
enough (in accordance with good engineering practices) to detect sustained
low current faults and allow for rapid

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

and total deenergization prior to PCB
Transformer rupture (either violent or
non violent rupture) and release of
PCBs.
(vi)(A) No later than December 28,
1998 all owners of PCB Transformers,
including those in storage for reuse,
must register their transformers with
the Environmental Protection Agency,
National Program Chemicals Division,
Office of Pollution Prevention and
Toxics (7404), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. This registration requirement is subject to the
limitations in paragraph (a)(1) of this
section.
(1) A transformer owner who assumes
a transformer is a PCB-Contaminated
transformer, and discovers after December 28, 1998 that it is a PCB-Transformer, must register the newly-identified PCB Transformer, in writing, with
the Environmental Protection Agency
no later than 30 days after it is identified as such. This requirement does not
apply to transformer owners who have
previously registered with the EPA
PCB Transformers located at the same
address as the transformer that they
assumed to be PCB-Contaminated and
later determined to be a PCB Transformer.
(2) A person who takes possession of
a PCB Transformer after December 28,
1998 is not required to register or reregister the transformer with the EPA.
(B) Any person submitting a registration under this section must include:
(1) Company name and address.
(2) Contact name and telephone number.
(3) Address where these transformers
are located. For mobile sources such as
ships, provide the name of the ship.
(4) Number of PCB Transformers and
the total weight in kilograms of PCBs
contained in the transformers.
(5) Whether any transformers at this
location contain flammable dielectric
fluid (optional).
(6) Signature of the owner, operator,
or other authorized representative certifying the accuracy of the information
submitted.
(C) A transformer owner must retain
a record of each PCB Transformer’s
registration (e.g., a copy of the registration and the return receipt signed
by EPA) with the inspection and main-

tenance records required for each PCB
Transformer
under
paragraph
(a)(1)(xii)(I) of this section.
(D) A transformer owner must comply with all requirements of paragraph
(a)(1)(vi)(A) of this section to continue
the PCB-Transformer’s authorization
for use, or storage for reuse, pursuant
to this section and TSCA section
6(e)(2)(B).
(vii) As of December 1, 1985, PCB
Transformers in use in or near commercial buildings must be registered
with building owners. For PCB Transformers located in commercial buildings, PCB Transformer owners must
register the transformers with the
building owner of record. For PCB
Transformers located near commercial
buildings, PCB Transformer owners
must register the transformers with all
owners of buildings located within 30
meters of the PCB Transformer(s). Information required to be provided to
building owners by PCB Transformer
owners includes but is not limited to:
(A) The specific location of the PCB
Transformer(s).
(B) The principal constituent of the
dielectric fluid in the transformer(s)
(e.g., PCBs, mineral oil, or silicone oil).
(C) The type of transformer installation (e.g., 208/120 volt network, 208/120
volt radial, 208 volt radial, 480 volt network, 480/277 volt network, 480 volt radial, 480/277 volt radial).
(viii) As of December 1, 1985, combustible materials, including, but not limited to paints, solvents, plastics, paper,
and sawn wood must not be stored
within a PCB Transformer enclosure
(i.e., in a transformer vault or in a partitioned area housing a transformer);
within 5 meters of a transformer enclosure, or, if unenclosed (unpartitioned),
within 5 meters of a PCB Transformer.
(ix) A visual inspection of each PCB
Transformer (as defined in the definition of ‘‘PCB Transformer’’ under
§ 761.3) in use or stored for reuse shall
be performed at least once every 3
months. These inspections may take
place any time during the 3-month periods:
January-March,
April-June,
July-September, and October-December as long as there is a minimum of 30
days between inspections. The visual
inspection must include investigation
for any leak of dielectric fluid on or

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Environmental Protection Agency

§ 761.30

around the transformer. The extent of
the visual inspections will depend on
the physical constraints of each transformer installation and should not require an electrical shutdown of the
transformer being inspected.
(x) If a PCB Transformer is found to
have a leak which results in any quantity of PCBs running off or about to
run off the external surface of the
transformer, then the transformer
must be repaired or replaced to eliminate the source of the leak. In all cases
any leaking material must be cleaned
up and properly disposed of according
to disposal requirements of subpart D
of this part. Cleanup of the released
PCBs must be initiated as soon as possible, but in no case later than 48 hours
of its discovery. Until appropriate action is completed, any active leak of
PCBs must be contained to prevent exposure of humans or the environment
and inspected daily to verify containment of the leak. Trenches, dikes,
buckets, and pans are examples of
proper containment measures.
(xi) If a PCB Transformer is involved
in a fire-related incident, the owner of
the transformer must immediately report the incident to the National Response Center (toll-free 1–800–424–8802;
in Washington, DC 202–426–2675). A firerelated incident is defined as any incident involving a PCB Transformer
which involves the generation of sufficient heat and/or pressure (by any
source) to result in the violent or nonviolent rupture of a PCB Transformer
and the release of PCBs. Information
must be provided regarding the type of
PCB Transformer installation involved
in the fire-related incident (e.g., high
or low secondary voltage network
transformer, high or low secondary
voltage simple radial system, expanded
radial system, primary selective system, primary loop system, or secondary selective system or other systems) and the readily ascertainable
cause of the fire-related incident (e.g.,
high current fault in the primary or
secondary or low current fault in secondary). The owner of the PCB Transformer must also take measures as
soon as practically and safely possible
to contain and control any potential
releases of PCBs and incomplete combustion products into water. These

measures include, but are not limited
to:
(A) The blocking of all floor drains in
the vicinity of the transformer.
(B) The containment of water runoff.
(C) The control and treatment (prior
to release) of any water used in subsequent cleanup operations.
(xii) Records of inspection and maintenance history shall be maintained at
least 3 years after disposing of the
transformer and shall be made available for inspection, upon request by
EPA. Such records shall contain the
following information for each PCB
Transformer:
(A) Its location.
(B) The date of each visual inspection
and the date that leak was discovered,
if different from the inspection date.
(C) The person performing the inspection.
(D) The location of any leak(s).
(E) An estimate of the amount of dielectric fluid released from any leak.
(F) The date of any cleanup, containment, repair, or replacement.
(G) A description of any cleanup, containment, or repair performed.
(H) The results of any containment
and daily inspection required for uncorrected active leaks.
(I) Record of the registration of PCB
Transformer(s).
(J) Records of transfer of ownership
in compliance with § 761.180(a)(2)(ix).
(xiii) A reduced visual inspection frequency of at least once every 12
months applies to PCB Transformers
that utilize either of the following risk
reduction measures. These inspections
may take place any time during the
calendar year as long as there is a minimum of 180 days between inspections.
(A) A PCB Transformer which has
impervious, undrained, secondary containment capacity of at least 100 percent of the total dielectric fluid volume of all transformers so contained or
(B) A PCB Transformer which has
been tested and found to contain less
than 60,000 ppm PCBs (after 3 months
of in service use if the transformer has
been serviced for purposes of reducing
the PCB concentration).
(xiv) An increased visual inspection
frequency of at least once every week
applies to any PCB Transformer in use

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

or stored for reuse which poses an exposure risk to food or feed. The user of
a PCB Transformer posing an exposure
risk to food is responsible for the inspection, recordkeeping, and maintenance requirements under this section
until the user notifies the owner that
the transformer may pose an exposure
risk to food or feed. Following such notification, it is the owner’s ultimate responsibility to determine whether the
PCB Transformer poses an exposure
risk to food or feed.
(xv) In the event a mineral oil transformer, assumed to contain less than
500 ppm of PCBs as provided in § 761.2,
is tested and found to be contaminated
at 500 ppm or greater PCBs, it will be
subject to all the requirements of this
part 761. In addition, efforts must be
initiated immediately to bring the
transformer into compliance in accordance with the following schedule:
(A) Report fire-related incidents, effective immediately after discovery.
(B) Mark the PCB transformer within
7 days after discovery.
(C) Mark the vault door, machinery
room door, fence, hallway or other
means of access to the PCB Transformer within 7 days after discovery.
(D) Register the PCB Transformer in
writing with the building owner within
30 days of discovery.
(E) Install electrical protective
equipment on a radial PCB Transformer and a non-sidewalk vault, lower
secondary voltage network PCB Transformer in or near a commercial building within 18 months of discovery or by
October 1, 1990, whichever is later.
(F) Remove a non-sidewalk vault,
lower secondary voltage network PCB
Transformer in or near a commercial
building, if electrical protective equipment is not installed, within 18 months
of discovery or by October 1, 1993,
whichever is later.
(G) Remove a lower secondary voltage network PCB Transformer located
in a sidewalk vault in or near a commercial building, within 18 months of
discovery or by October 1, 1993, whichever is later.
(H) Retrofill and reclassify a radial
PCB Transformer or a lower or higher
secondary voltage network PCB Transformer, located in other than a sidewalk vault in or near a commercial

building, within 18 months or by October 1, 1990, whichever is later. This is
an option in lieu of installing electrical
protective equipment on a radial or
lower secondary voltage network PCB
Transformer located in other than a
sidewalk vault or of removing a higher
secondary voltage network PCB Transformer or a lower secondary voltage
network PCB Transformer, located in a
sidewalk vault, from service.
(I) Retrofill and reclassify a lower
secondary voltage network PCB Transformer, located in a sidewalk vault, in
or near a commercial building within
18 months or by October 1, 1993, whichever is later. This is an option in lieu
of installing electrical protective
equipment or removing the transformer from service.
(J) Retrofill and reclassify a higher
secondary voltage network PCB Transformer, located in a sidewalk vault, in
or near a commercial building within
18 months or by October 1, 1990, whichever is later. This is an option in lieu
of other requirements.
(2) Servicing conditions. (i) Transformers classified as PCB-Contaminated Electrical Equipment (as defined
in the definition of ‘‘PCB-Contaminated Electrical Equipment’’ under
§ 761.3) may be serviced (including rebuilding) only with dielectric fluid containing less than 500 ppm PCB.
(ii) Any servicing (including rebuilding) of PCB Transformers (as defined in
the definition of ‘‘PCB Transformer’’
under § 761.3) that requires the removal
of the transformer coil from the transformer casing is prohibited. PCB
Transformers may be serviced (including topping off) with dielectric fluid at
any PCB concentration.
(iii) PCBs removed during any servicing activity must be captured and either reused as dielectric fluid or disposed of in accordance with the requirements of § 761.60. PCBs from PCB
Transformers must not be mixed with
or added to dielectric fluid from PCBContaminated Electrical Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids containing less
than 500 ppm PCB that are mixed with
fluids that contain 500 ppm or greater
PCB must not be used as dielectric
fluid in any electrical equipment. The
entire mixture of dielectric fluid must

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Environmental Protection Agency

§ 761.30

be considered to be greater than 500
ppm PCB and must be disposed of in an
incinerator that meets the requirements in § 761.70.
(v) You may reclassify a PCB Transformer that has been tested and determined to have a concentration of ≥500
ppm PCBs to a PCB-Contaminated
transformer (≥50 but <500 ppm) or to a
non-PCB transformer (<50 ppm), and
you may reclassify a PCB-Contaminated transformer that has been tested
and determined to have a concentraIf test results show the
PCB concentration
(ppm) in the transformer
prior to retrofill is . . .

and you retrofill the
transformer with dielectric fluid containing . . .

≥1,000 (or untested)

<50 ppm PCBs

≥500 but <1,000

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≥50 but <500

tion of ≥50 ppm but <500 ppm to a nonPCB transformer, as follows:
(A) Remove the free-flowing PCB dielectric fluid from the transformer.
Flushing is not required. Either test
the fluid or assume it contains ≥1,000
ppm PCBs. Retrofill the transformer
with fluid containing known PCB levels according to the following table.
Determine the transformer’s reclassified status according to the following
table (if following this process does not
result in the reclassified status you desire, you may repeat the process):
and test results show
the PCB concentration
(ppm) after retrofill is . .
.

then the transformer’s
reclassified status is. . .

operate the transformer
electrically under
loaded conditions for
at least 90-continuous days after
retrofill, then test the
fluid for PCBs

≥50 but <500

PCB-contaminated

<50 ppm PCBs

operate the transformer
electrically under
loaded conditions for
at least 90-continuous days after
retrofill, then test the
fluid for PCBs

<50

non-PCB

<50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

≥50 but <500

PCB-contaminated

<50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

<50

non-PCB

≥2 but <50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

<50

non-PCB

<2 ppm PCBs

(no need to test)

(not applicable)

non-PCB

and you . . .

(B) If you discover that the PCB concentration of the fluid in a reclassified
transformer has changed, causing the
reclassified status to change, the transformer is regulated based on the actual
concentration of the fluid. For example, a transformer that was reclassified
to non-PCB status is regulated as a
PCB-Contaminated transformer if you
discover that the concentration of the
fluid has increased to ≥50 but <500 ppm
PCBs. If you discover that the PCB
concentration of the fluid has risen to
≥500 ppm, the transformer is regulated
as a PCB Transformer. Follow paragraphs (a)(1)(xv)(A) through (J) of this

section to come into compliance with
the regulations applicable to PCB
Transformers. You also have the option
of repeating the reclassification process.
(C) The Director, National Program
Chemicals Division, may, without further rulemaking, grant approval on a
case-by-case basis for the use of alternative methods to reclassify transformers. You may request an approval
by writing to the Director, National
Program Chemicals Division (7404), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Describe the equipment you

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

plan to reclassify, the alternative reclassification method you plan to use,
and test data or other evidence on the
effectiveness of the method.
(D) You must keep records of the reclassification required by § 761.180(g).
(vi) Any dielectric fluid containing 50
ppm or greater PCB used for servicing
transformers must be stored in accordance with the storage for disposal requirements of § 761.65.
(vii) Processing and distribution in
commerce of PCBs for purposes of servicing transformers is permitted only
for persons who are granted an exemption under TSCA 6(e)(3)(B).
(b) Use in and servicing of railroad
transformers. PCBs may be used in
transformers in railroad locomotives or
railroad self-propelled cars (‘‘railroad
transformers’’) and may be processed
and distributed in commerce for purposes of servicing these transformers in
a manner other than a totally enclosed
manner subject to the following conditions:
(1) Use restrictions. After July 1, 1986,
use of railroad transformers that contain dielectric fluids with a PCB concentration >1,000 ppm is prohibited.
(2) Servicing restrictions. (i) If the coil
is removed from the casing of a railroad transformer (e.g., the transformer
is rebuilt), after January 1, 1982, the
railroad transformer may not be refilled with dielectric fluid containing a
PCB concentration greater than 50
ppm;
(ii) After January 1, 1984, railroad
transformers may only be serviced
with dielectric fluid containing less
than 1000 ppm PCB, except as provided
in paragraph (b)(2)(i) of this section;
(iii) Dielectric fluid may be filtered
through activated carbon or otherwise
industrially processed for the purpose
of reducing the PCB concentration in
the fluid;
(iv) Any PCB dielectric fluid that is
used to service PCB railroad transformers must be stored in accordance
with the storage for disposal requirements of § 761.65;
(v) After July 1, 1979, processing and
distribution in commerce of PCBs for
purposes of servicing railroad transformers is permitted only for persons
who are granted an exemption under
TSCA section 6(e)(3)(B).

(vi) A PCB Transformer may be converted to a PCB-Contaminated Transformer or to a non-PCB Transformer by
draining, refilling, and/or otherwise
servicing the railroad transformer. In
order to reclassify, the railroad transformer’s dielectric fluid must contain
less than 500 ppm (for conversion to
PCB-Contaminated Transformer) or
less than 50 ppm PCB (for conversion to
a non-PCB Transformer) after a minimum of three months of inservice use
subsequent to the last servicing conducted for the purpose of reducing the
PCB concentration in the transformer.
(c) Use in mining equipment. After
January 1, 1982, PCBs may be used in
mining equipment only at a concentration level of <50 ppm.
(d) Use in heat transfer systems. After
July 1, 1984, PCBs may be used in heat
transfer systems only at a concentration level of <50 ppm. Heat transfer
systems that were in operation after
July 1, 1984, with a concentration level
of <50 ppm PCBs may be serviced to
maintain a concentration level of <50
ppm PCBs. Heat transfer systems may
only be serviced with fluids containing
<50 ppm PCBs.
(e) Use in hydraulic systems. After
July 1, 1984, PCBs may be used in hydraulic systems only at a concentration level of <50 ppm. Hydraulic systems that were in operation after July
1, 1984, with a concentration level of
<50 ppm PCBs may be serviced to maintain a concentration level of <50 ppm
PCBs. Hydraulic systems may only be
serviced with fluids containing <50 ppm
PCBs.
(f) Use in carbonless copy paper.
Carbonless copy paper containing PCBs
may be used in a manner other than a
totally enclosed manner indefinitely.
(g) [Reserved]
(h)
Use
in
and
servicing
of
electromagnets, switches and voltage regulators. PCBs at any concentration
may be used in electromagnets, switches (including sectionalizers and motor
starters), and voltage regulators and
may be used for purposes of servicing
this equipment (including rebuilding)
for the remainder of their useful lives,
subject to the following conditions:
(1) Use conditions. (i) After October 1,
1985, the use and storage for reuse of

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Environmental Protection Agency

§ 761.30

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any electromagnet which poses an exposure risk to food or feed is prohibited
if the electromagnet contains greater
than 500 ppm PCBs.
(ii) Use and storage for reuse of voltage regulators which contain 1.36 kilograms (3 lbs) or more of dielectric fluid
with a PCB concentration of ≥500 ppm
are subject to the following provisions:
(A) The owner of the voltage regulator must mark its location in accordance with § 761.40.
(B) If a voltage regulator is involved
in a fire-related incident, the owner
must immediately report the incident
to the National Response Center (Tollfree: 1–800–424–8802; in Washington, DC:
202–426–2675). A fire-related incident is
defined as any incident that involves
the generation of sufficient heat and/or
pressure, by any source, to result in
the violent or non-violent rupture of
the voltage regulator and the release of
PCBs.
(C) The owner of the voltage regulator must inspect it in accordance
with the requirements of paragraphs
(a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of
this section that apply to PCB Transformers.
(D) The owner of the voltage regulator must comply with the recordkeeping and reporting requirements at
§ 761.180.
(iii) The owner of a voltage regulator
that assumes it contains <500 ppm
PCBs as provided in § 761.2, and discovers by testing that it is contaminated at ≥500 ppm PCBs, must comply
with paragraph (h)(1)(ii)(A) of this section 7 days after the discovery, and
paragraphs (h)(1)(ii)(B), (h)(1)(ii)(C),
and (h)(1)(ii)(D) of this section immediately upon discovery.
(2) Servicing conditions. (i) Servicing
(including rebuilding) any electromagnet, switch, or voltage regulator
with a PCB concentration of 500 ppm or
greater which requires the removal and
rework of the internal components is
prohibited.
(ii) Electromagnets, switches, and
voltage regulators classified as PCBContaminated Electrical Equipment

(as defined in the definition of ‘‘PCBContaminated Electrical Equipment’’
under § 761.3) may be serviced (including rebuilding) only with dielectric
fluid containing less than 500 ppm PCB.
(iii) PCBs removed during any servicing activity must be captured and either reused as dielectric fluid or disposed of in accordance with the requirements of § 761.60. PCBs from
electromagnets switches, and voltage
regulators with a PCB concentration of
at least 500 ppm must not be mixed
with or added to dielectric fluid from
PCB-Contaminated Electrical Equipment.
(iv) Regardless of its PCB concentration, dielectric fluids containing less
than 500 ppm PCB that are mixed with
fluids that contain 500 ppm or greater
PCB must not be used as dielectric
fluid in any electrical equipment. The
entire mixture of dielectric fluid must
be considered to be greater than 500
ppm PCB and must be disposed of in an
incinerator that meets the requirements of § 761.70.
(v) You may reclassify an electromagnet, switch, or voltage regulator
that has been tested and determined to
have a concentration of ≥500 ppm PCBs
to PCB-Contaminated status (≥50 but
<500 ppm) or to non-PCB status (<50
ppm), and you may reclassify a PCBContaminated electromagnet, switch,
or voltage regulator that has been tested and determined to have a concentration of ≥50 ppm but <500 ppm to a nonPCB status, as follows:
(A) Remove the free-flowing PCB dielectric fluid from the electromagnet,
switch, or voltage regulator. Flushing
is not required. Either test the fluid or
assume it contains ≥1,000 ppm PCBs.
Retrofill the electromagnet, switch, or
voltage regulator with fluid containing
known PCB levels according to the following table. Determine the electromagnet, switch, or voltage regulator’s
reclassified status according to the following table (if following this process
does not result in the reclassified status you desire, you may repeat the
process):

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§ 761.30
If test results show the
PCB concentration
(ppm) in the equipment
prior to retrofill is . . .

and you retrofill the
equipment with dielectric fluid containing . . .

≥1,000 (or untested)

<50 ppm PCBs

≥500 but <1,000

≥50 but <500

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40 CFR Ch. I (7–1–18 Edition)
and test results show
the PCB concentration
(ppm) after retrofill is . .
.

then the electromagnet,
switch, or voltage regulator’s reclassified status is . . .

operate the equipment
electrically under
loaded conditions for
at least 90-continuous days after
retrofill, then test the
fluid for PCBs

≥50 but <500

PCB-contaminated

<50 ppm PCBs

operate the equipment
electrically under
loaded conditions for
at least 90-continuous days after
retrofill, then test the
fluid for PCBs

<50

non-PCB

<50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

≥50 but <500

PCB-contaminated

<50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

<50

non-PCB

≥2 but <50 ppm PCBs

test the fluid for PCBs
at least 90 days after
retrofill

<50

non-PCB

<2 ppm PCBs

(no need to test)

(not applicable)

non-PCB

and you . . .

(B) If you discover that the PCB concentration of the fluid in a reclassified
electromagnet, switch, or voltage regulator has changed, causing the reclassified status to change, the electromagnet, switch, or voltage regulator is
regulated based on the actual concentration of the fluid. For example, an
electromagnet, switch, or voltage regulator that was reclassified to non-PCB
status is regulated as a PCB-Contaminated electromagnet, switch, or voltage regulator if you discover that the
concentration of the fluid has increased to ≥50 but <500 ppm PCBs. If
you discover that the PCB concentration of the fluid in a voltage regulator
has risen to ≥500 ppm, follow paragraph
(h)(1)(iii) of this section to come into
compliance with the regulations applicable to voltage regulators containing
≥500 ppm PCBs. You also have the option of repeating the reclassification
process.
(C) The Director, National Program
Chemicals Division may, without further rulemaking, grant approval on a
case-by-case basis for the use of alternative
methods
to
reclassify
electromagnets, switches or voltage

regulators. You may request an approval by writing to the Director, National Program Chemicals Division
(7404), Environmental Protection Agency,1200 Pennsylvania Ave., NW., Washington, DC 20460. Describe the equipment you plan to reclassify, the alternative reclassification method you
plan to use, and test data or other evidence on the effectiveness of the method.
(D) You must keep records of the reclassification required by § 761.180(g).
(vi) Any dielectric fluid containing 50
ppm or greater PCB used for servicing
electromagnets, switches, or voltage
regulators must be stored in accordance with the storage for disposal requirements of § 761.65.
(vii) Processing and distribution in
commerce of PCBs for purposes of servicing electromagnets, switches or voltage regulators is permitted only for
persons who are granted an exemption
under TSCA 6(e)(3)(B).
(i) Use and reuse of PCBs in natural
gas pipeline systems; use and reuse of
PCB-Contaminated natural gas pipe and

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Environmental Protection Agency

§ 761.30

appurtenances. (1)(i) PCBs are authorized for use in natural gas pipeline systems at concentrations <50 ppm.
(ii) PCBs are authorized for use, at
concentrations ≥50 ppm, in natural gas
pipeline systems not owned or operated
by a seller or distributor of natural
gas.
(iii)(A) PCBs are authorized for use,
at concentrations ≥50 ppm, in natural
gas pipeline systems owned or operated
by a seller or distributor of natural
gas, if the owner or operator:
(1) Submits to EPA, upon request, a
written description of the general nature and location of PCBs ≥50 ppm in
their natural gas pipeline system. Each
written description shall be submitted
to the EPA Regional Administrator
having jurisdiction over the segment or
component of the system (or the Director, National Program Chemicals Division, Office of Pollution Prevention
and Toxics, if the system is contaminated in more than one region).
(2) Within 120 days after discovery of
PCBs ≥50 ppm in natural gas pipeline
systems, or by December 28, 1998,
whichever is later, characterizes the
extent of PCB contamination by collecting and analyzing samples to identify the upstream and downstream end
points of the segment or component
where PCBs ≥50 ppm were discovered.
(3) Within 120 days of characterization of the extent of PCB contamination, or by December 28, 1998, whichever is later, samples and analyzes all
potential sources of introduction of
PCBs into the natural gas pipeline system for PCBs ≥50 ppm. Potential
sources include natural gas compressors, natural gas scrubbers, natural gas
filters, and interconnects where natural gas is received upstream from the
most downstream sampling point
where PCBs ≥50 ppm were detected; potential sources exclude valves, drips, or
other small liquid condensate collection points.
(4) Within 1 year of characterization
of the extent of PCB contamination,
reduces all demonstrated sources of
PCBs ≥50 ppm to <50 ppm, or removes
such sources from the natural gas pipeline system; or implements other engineering measures or methods to reduce
PCB levels to <50 ppm and to prevent
further introduction of PCBs ≥50 ppm

into the natural gas pipeline system
(e.g., pigging, decontamination, in-line
filtration).
(5) Repeats sampling and analysis at
least annually where PCBs are ≥50 ppm,
until sampling results indicate the natural gas pipeline segment or component is <50 ppm PCB in two successive
samples with a minimum interval between samples of 180 days.
(6) Marks aboveground sources of
PCB liquids in natural gas pipeline systems with the ML Mark in accordance
with § 761.45(a), where such sources
have been demonstrated through historical data or recent sampling to contain PCBs ≥50 ppm.
(B) Owners or operators of natural
gas pipeline systems which do not include potential sources of PCB contamination as described in paragraph
(i)(1)(iii)(A)(3) of this section containing ≥50 ppm PCB are not subject to
paragraphs
(i)(1)(iii)(A)(2),
(i)(1)(iii)(A)(3),
(i)(1)(iii)(A)(4),
or
(i)(1)(iii)(A)(6) of this section. Owners
or operators of these systems, however,
must comply with the other provisions
of this section (e.g., sampling of any
collected PCB liquids and recordkeeping).
(C) The owner or operator of a natural gas pipeline system must document in writing all data collected and
actions taken, or not taken, pursuant
to the authorization in paragraph
(i)(1)(iii)(A) of this section. They must
maintain the information for 3 years
after the PCB concentration in the
component or segment is reduced to
<50 ppm, and make it available to EPA
upon request.
(D) The Director, National Program
Chemicals Division, after consulting
with the appropriate EPA Region(s)
may, based on a finding of no unreasonable risk, modify in writing the requirements of paragraph (i)(1)(iii)(A) of
this section, including extending any
compliance date, approving alternative
formats for documentation, waiving
one or more requirements for a segment or component, requiring sampling and analysis, and requiring implementation of engineering measures
to reduce PCB concentrations. EPA
will make such modifications based on
the natural gas pipeline system size,
configuration, and current operating

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

conditions; nature, extent or source of
contamination; proximity of contamination to end-users; or previous sampling, monitoring, remedial actions or
documentation of activities taken regarding compliance with this authorization or other applicable Federal,
State, or local laws and regulations.
The
Director,
National
Program
Chemicals Division, may defer the authority described in this paragraph,
upon request, to the appropriate EPA
Region.
(E) The owner or operator of a natural gas pipeline system may use historical data to fulfill the requirements
of
paragraphs
(i)(1)(iii)(A)(1),
(i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of
this section. They may use documented
historical actions taken to reduce PCB
concentrations in known sources; decontaminate components or segments
of natural gas pipeline systems; or otherwise to reduce PCB levels to fulfill
the
requirements
of
paragraph
(i)(1)(iii)(A)(4) of this section.
(2) Any person may reuse PCB-Contaminated natural gas pipe and appurtenances in a natural gas pipeline system, provided all free-flowing liquids
have been removed.
(3) Any person may use PCB-Contaminated natural gas pipe, drained of
all free-flowing liquids, in the transport of liquids (e.g., bulk hydrocarbons,
chemicals, petroleum products, or coal
slurry), as casing to provide secondary
containment or protection (e.g., protection for electrical cable), as industrial structural material (e.g., fence
posts, sign posts, or bridge supports),
as temporary flume at construction
sites, as equipment skids, as culverts
under transportation systems in intermittent flow situations, for sewage
service with written consent of the
Publicly Owned Treatment Works
(POTW), for steam service, as irrigation systems (<20 inch diameter) of less
than 200 miles in length, and in a totally enclosed compressed air system.
(4) Any person characterizing PCB
contamination in natural gas pipe or
natural gas pipeline systems must do
so by analyzing organic liquids collected at existing condensate collection points in the pipe or pipeline system. The level of PCB contamination
found at a collection point is assumed

to extend to the next collection point
downstream. Any person characterizing multi-phasic liquids must do so in
accordance with § 761.1(b)(4); if no liquids are present, they must use standard wipe samples in accordance with
subpart M of this part.
(5)(i) Any person disposing of liquids
containing PCBs ≥50 ppm removed,
spilled, or otherwise released from a
natural gas pipeline system must do so
in accordance with § 761.61(a)(5)(iv)
based on the PCB concentration at the
time of removal from the system. Any
person disposing of materials contaminated by spills or other releases of
PCBs ≥50 ppm from a natural gas pipeline systems, must do so in accordance
with §§ 761.61 or 761.79, as applicable.
(ii) Any person who markets or burns
for energy recovery liquids containing
PCBs at concentrations <50 ppm PCBs
at the time of removal from a natural
gas pipeline system must do so in accordance with the provisions pertaining to used oil at § 761.20(e). No
other use of liquid containing PCBs at
concentrations above the quantifiable
level/level of detection removed from a
natural gas pipeline system is authorized.
(j) Research and development. For purposes of this section, authorized research and development (R&D) activities include, but are not limited to: the
chemical analysis of PCBs, including
analyses to determine PCB concentration; determinations of the physical
properties of PCBs; studies of environmental transport processes; studies of
biochemical transport processes; studies of effects of PCBs on the environment; and studies of the health effects
of PCBs, including direct toxicity and
toxicity of metabolic products of PCBs.
Authorized R&D activities do not include research, development, or analysis for the development of any PCB
product. Any person conducting R&D
activities under this section is also responsible for determining and complying with all other applicable Federal, State, and local laws and regulations. Although the use of PCBs and
PCBs in analytical reference samples
derived from waste material is authorized in conjunction with PCB-disposal

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Environmental Protection Agency

§ 761.30

related activities, R&D for PCB disposal (as defined under § 761.3) is addressed in § 761.60(j). PCBs and PCBs in
analytical reference samples derived
from waste materials are authorized
for use, in a manner other than a totally enclosed manner, provided that:
(1) They obtain the PCBs and PCBs in
analytical reference samples derived
from waste materials from sources authorized under § 761.80 to manufacture,
process, and distribute PCBs in commerce and the PCBs are packaged in
compliance with the Hazardous Materials Regulations at 49 CFR parts 171
through 180.
(2) They store all PCB wastes resulting from R&D activities (e.g., spent
laboratory samples, residuals, contaminated media such as clothing, etc.)
in compliance with § 761.65(b) and dispose of all PCB wastes in compliance
with § 761.64.
(3) [Reserved]
(4) No person may manufacture, process, or distribute in commerce PCBs for
research and development unless they
have been granted an exemption to do
so under TSCA section 6(e)(3)(B).
(k) Use in scientific instruments. PCBs
may be used indefinitely in scientific
instruments, for example, in oscillatory
flow
birefringence
and
viscoelasticity instruments for the
study of the physical properties of
polymers, as microscopy mounting
fluids, as microscopy immersion oil,
and as optical liquids in a manner
other than a totally enclosed manner.
No person may manufacture, process,
or distribute in commerce PCBs for use
in scientific instruments unless they
have been granted an exemption to do
so under TSCA section 6(e)(3)(B).
(l) Use in capacitors. PCBs at any concentration may be used in capacitors,
subject to the following conditions:
(1) Use conditions. (i) After October 1,
1988, the use and storage for reuse of
PCB Large High Voltage Capacitors
and PCB Large Low Voltage Capacitors
which pose an exposure risk to food or
feed is prohibited.
(ii) After October 1, 1988, the use of
PCB Large High Voltage Capacitors
and PCB Large Low Voltage Capacitors
is prohibited unless the capacitor is
used within a restricted-access electrical substation or in a contained and

restricted-access indoor installation. A
restricted-access electrical substation
is an outdoor, fenced or walled-in facility that restricts public access and is
used in the transmission or distribution of electric power. A contained and
restricted-access indoor installation
does not have public access and has an
adequate roof, walls, and floor to contain any release of PCBs within the indoor location.
(2) [Reserved]
(m) Use in and servicing of circuit
breakers, reclosers and cable. PCBs at
any concentration may be used in circuit breakers, reclosers, and cable and
may be used for purposes of servicing
this electrical equipment (including rebuilding) for the remainder of their
useful lives, subject to the following
conditions:
(1) Servicing conditions. (i) Circuit
breakers, reclosers, and cable may be
serviced (including rebuilding) only
with dielectric fluid containing less
than 50 ppm PCB.
(ii) Any circuit breaker, recloser or
cable found to contain at least 50 ppm
PCBs may be serviced only in accordance with the conditions contained in
40 CFR 761.30(h)(2).
(2) [Reserved]
(n)–(o) [Reserved]
(p) Continued use of porous surfaces
contaminated with PCBs regulated for
disposal by spills of liquid PCBs. (1) Any
person may use porous surfaces contaminated by spills of liquid PCBs at
concentrations >10 μg/100 cm2 for the
remainder of the useful life of the surfaces and subsurface material if the
following conditions are met:
(i) The source of PCB contamination
is removed or contained to prevent further release to porous surfaces.
(ii) If the porous surface is accessible
to superficial surface cleaning:
(A) The double wash rinse procedure
in subpart S of this part is conducted
on the surface to remove surface PCBs.
(B) The treated surface is allowed to
dry for 24 hours.
(iii) After accessible surfaces have
been cleaned according to paragraph
(p)(1)(ii) of this section and for all surfaces inaccessible to cleanup:
(A) The surface is completely covered
to prevent release of PCBs with:

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§ 761.30

40 CFR Ch. I (7–1–18 Edition)

(1) Two solvent resistant and water
repellent coatings of contrasting colors
to allow for a visual indication of wear
through or loss of outer coating integrity; or
(2) A solid barrier fastened to the surface and covering the contaminated
area or all accessible parts of the contaminated area. Examples of inaccessible areas are underneath a floormounted electrical transformer and in
an impassible space between an electrical transformer and a vault wall.
(B) The surface is marked with the
ML Mark in a location easily visible to
individuals present in the area; the ML
Mark shall be placed over the encapsulated area or the barrier to the encapsulated area.
(C) ML Marks shall be replaced when
worn or illegible.
(2) Removal of a porous surface contaminated with PCBs from its location
or current use is prohibited except for
removal for disposal in accordance
with §§ 761.61 or 761.79 for surfaces contaminated by spills, or § 761.62 for manufactured porous surfaces.
(q) [Reserved]
(r) Use in and servicing of rectifiers.
Any person may use PCBs at any concentration in rectifiers for the remainder of the PCBs’ useful life, and may
use PCBs <50 ppm in servicing (including rebuilding) rectifiers.
(s) Use of PCBs in air compressor systems. (1) Any person may use PCBs in
air compressor systems at concentrations <50 ppm.
(2) Any person may use PCBs in air
compressor systems (or components
thereof) at concentrations ≥50 ppm provided that:
(i) All free-flowing liquids containing
PCBs ≥50 ppm are removed from the air
compressor crankcase and the crankcase is refilled with non-PCB liquid.
(ii) Other air compressor system
components contaminated with PCBs
≥50 ppm, are decontaminated in accordance with § 761.79 or disposed of in accordance with subpart D of this part.
(iii) Air compressor piping with a
nominal inside diameter of <2 inches is
decontaminated by continuous flushing
for 4 hours, at no <300 gallons per hour
(§ 761.79 contains solvent requirements).
(3) The requirements in paragraph
(s)(2) of this section must be completed

by August 30, 1999 or within 1 year of
the date of discovery of PCBs at ≥50
ppm in the air compressor system,
whichever is later. The EPA Regional
Administrator for the EPA Region in
which an air compressor system is located may, at his/her discretion and in
writing, extend this timeframe.
(t) Use of PCBs in other gas or liquid
transmission systems. (1) PCBs are authorized for use in intact and non-leaking gas or liquid transmission systems
at concentrations <50 ppm PCBs.
(2) PCBs are authorized for use at
concentrations ≥50 ppm in intact and
non-leaking gas or liquid transmission
systems not owned or operated by a
seller or distributor of the gas or liquid
transmitted in the system.
(3) Any person may use PCBs at concentrations ≥50 ppm in intact and nonleaking gas or liquid transmission systems, with the written approval of the
Director, National Program Chemicals
Division, subject to the requirements
applicable to natural gas pipeline systems
at
paragraphs
(i)(1)(iii)(A),
(i)(1)(iii)(C) through (i)(1)(iii)(E), and
(i)(2) through (i)(5) of this section.
(u) Use of decontaminated materials. (1)
Any person may use equipment, structures, other non-liquid or liquid materials that were contaminated with
PCBs during manufacture, use, servicing, or because of spills from, or proximity to, PCBs ≥50 ppm, including
those not otherwise authorized for use
under this part, provided:
(i) The materials were decontaminated in accordance with:
(A) A TSCA PCB disposal approval
issued under subpart D of this part;
(B) Section 761.79; or
(C) Applicable EPA PCB spill cleanup
policies (e.g., TSCA, RCRA, CERCLA,
EPA regional) in effect at the time of
the decontamination; or
(ii) If not previously decontaminated,
the materials now meet an applicable
decontamination standard in § 761.79(b).
(2) No person shall use or reuse materials decontaminated in accordance
with paragraph (u)(1)(i) of this section
or meeting an applicable decontamination standard in paragraph (u)(1)(ii) of
this section, in direct contact with
food, feed, or drinking water unless
otherwise allowed under this section or
this part.

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Environmental Protection Agency

§ 761.40

(3) Any person may use water containing PCBs at concentrations ≤0.5μg/
L PCBs without restriction.
(4) Any person may use water containing PCBs at concentrations <200 μg/
L (i.e., <200 ppb PCBs) for non-contact
use in a closed system where there are
no releases (e.g., as a non-contact cooling water).
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15
U.S.C. 2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982]

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EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 761.30, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 761.35 Storage for reuse.
(a) The owner or operator of a PCB
Article may store it for reuse in an
area which is not designed, constructed, and operated in compliance
with § 761.65(b), for no more than 5
years after the date the Article was
originally removed from use (e.g., disconnected electrical equipment) or 5
years after August 28, 1998, whichever
is later, if the owner or operator complies with the following conditions:
(1) Follows all use requirements at
§ 761.30 and marking requirements at
subpart C of this part that are applicable to the PCB Article.
(2) Maintains records starting at the
time the PCB Article is removed from
use or August 28, 1998. The records
must indicate:
(i) The date the PCB Article was removed from use or August 28, 1998, if
the removal date is not known.
(ii) The projected location and the future use of the PCB Article.
(iii) If applicable, the date the PCB
Article is scheduled for repair or servicing.
(b) The owner or operator of a PCB
Article may store it for reuse in an
area that does not comply with
§ 761.65(b) for a period longer than 5
years, provided that the owner or operator has received written approval
from the EPA Regional Administrator
for the Region in which the PCB Article is stored. An owner or operator of a
PCB Article seeking approval to extend
the 5–year period must submit a request for extension to the EPA Re-

gional Administrator at least 6 months
before the 5-year storage for reuse period expires and must include an itemby-item justification for the desired extension. The EPA Regional Administrator may include any conditions to
such approval deemed necessary to protect health or the environment. The
owner or operator of the PCB Article
being stored for reuse must comply
with the other applicable provisions of
this part, including the record retention requirements at § 761.180(a).
(c) Any person may store a PCB Article for reuse indefinitely in:
(1) A unit in compliance with
§ 761.65(b).
(2) A unit permitted under section
3004 of RCRA to manage hazardous
wastes in containers.
(3) A unit permitted by a State authorized under section 3006 of RCRA to
manage hazardous waste.
[63 FR 35443, June 29, 1998]

Subpart C—Marking of PCBs and
PCB Items
§ 761.40

Marking requirements.

(a) Each of the following items in existence on or after July 1, 1978 shall be
marked as illustrated in Figure 1 in
§ 761.45(a): The mark illustrated in Figure 1 is referred to as ML throughout
this subpart.
(1) PCB Containers;
(2) PCB Transformers at the time of
manufacture, at the time of distribution in commerce if not already
marked, and at the time of removal
from use if not already marked. [Marking of PCB-Contaminated Electrical
Equipment is not required];
(3) PCB Large High Voltage Capacitors at the time of manufacture, at the
time of distribution in commerce if not
already marked, and at the time of removal from use if not already marked;
(4) Equipment containing a PCB
Transformer or a PCB Large High Voltage Capacitor at the time of manufacture, at the time of distribution in
commerce if not already marked, and
at the time of removal of the equipment from use if not already marked;
(5) PCB Large Low Voltage Capacitors at the time of removal from use
(see also paragraph (k) of this section).

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§ 761.40

40 CFR Ch. I (7–1–18 Edition)

(6) Electric motors using PCB coolants (See also paragraph (e) of this section).
(7) Hydraulic systems using PCB hydraulic fluid (See also paragraph (e) of
this section);
(8) Heat transfer systems (other than
PCB Transformers) using PCBs (See
also paragraph (e) of this section);
(9) PCB Article Containers containing articles or equipment that
must be marked under paragraphs (a)
(1) through (8) of this section;
(10) Each storage area used to store
PCBs and PCB Items for disposal.
(b) As of October 1, 1978, each transport vehicle loaded with PCB Containers that contain more than 45 kg
(99.4 lbs.) of liquid PCBs at concentrations of ≥50 ppm or with one or more
PCB Transformers shall be marked on
each end and each side with the ML
mark as described in § 761.45(a).
(c) As of January 1, 1979, the following PCB Articles shall be marked
with mark ML as described in
§ 761.45(a):
(1) All PCB Transformers not marked
under paragraph (a) of this section
[marking of PCB-Contaminated Electrical Equipment is not required];
(2) All PCB Large High Voltage Capacitors not marked under paragraph
(a) of this section
(i) Will be marked individually with
mark ML, or
(ii) If one or more PCB Large High
Voltage Capacitors are installed in a
protected location such as on a power
pole, or structure, or behind a fence;
the pole, structure, or fence shall be
marked with mark ML, and a record or
procedure identifying the PCB Capacitors shall be maintained by the owner
or operator at the protected location.
(d) As of January 1, 1979, all PCB
Equipment containing a PCB Small Capacitor shall be marked at the time of
manufacture with the statement, ‘‘This
equipment contains PCB Capacitor(s)’’.
The mark shall be of the same size as
the mark ML.
(e) As of October 1, 1979, applicable
PCB Items in paragraphs (a)(1), (a)(6),
(a)(7), and (a)(8) of this section containing PCBs in concentrations of 50 to
500 ppm shall be marked with the ML
mark as described in § 761.45(a).

(f) Where mark ML is specified but
the PCB Article or PCB Equipment is
too small to accomodate the smallest
permissible size of mark ML, mark MS
as described in § 761.45(b), may be used
instead of mark ML.
(g) Each large low voltage capacitor,
each small capacitor normally used in
alternating current circuits, and each
fluorescent light ballast manufactured
(‘‘manufactured’’, for purposes of this
sentence, means built) between July 1,
1978 and July 1, 1998 that do not contain PCBs shall be marked by the manufacturer at the time of manufacture
with the statement, ‘‘No PCBs’’. The
mark shall be of similar durability and
readability as other marking that indicate electrical information, part numbers, or the manufacturer’s name. For
purposes of this paragraph marking requirement only is applicable to items
built domestically or abroad after June
30, 1978.
(h) All marks required by this subpart must be placed in a position on
the exterior of the PCB Items, storage
units, or transport vehicles so that the
marks can be easily read by any persons inspecting or servicing the
marked PCB Items, storage units, or
transport vehicles.
(i) Any chemical substance or mixture that is manufactured after the effective date of this rule and that contains less than 500 ppm PCB (0.05% on
a dry weight basis), including PCB that
is a byproduct or impurity, must be
marked in accordance with any requirements contained in the exemption
granted by EPA to permit such manufacture and is not subject to any other
requirement in this subpart unless so
specified in the exemption. This paragraph applies only to containers of
chemical substances or mixtures. PCB
articles and equipment into which the
chemical substances or mixtures are
processed, are subject to the marking
requirements contained elsewhere in
this subpart.
(j) PCB Transformer locations shall
be marked as follows:
(1) Except as provided in paragraph
(j)(2) of this section, as of December 1,
1985, the vault door, machinery room
door, fence, hallway, or means of access, other than grates and manhole
covers, to a PCB Transformer must be

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Environmental Protection Agency

§ 761.45

marked with the mark ML as required
by paragraph (a) of this section.
(2) A mark other than the ML mark
may be used provided all of the following conditions are met:
(i) The program using such an alternative mark was initiated prior to August 15, 1985, and can be substantiated
with documentation.
(ii) Prior to August 15, 1985, coordination between the transformer owner
and the primary fire department occurred, and the primary fire department knows, accepts, and recognizes
what the alternative mark means, and
that this can be substantiated with
documentation.
(iii) The EPA Regional Administrator in the appropriate region is informed in writing of the use of the alternative mark by October 3, 1988 and
is provided with documentation that
the program began before August 15,
1985, and documentation that demonstrates that prior to that date the
primary fire department knew, accepted and recognized the meaning of the
mark, and included this information in
firefighting training.
(iv) The Regional Administrator will
either approve or disapprove in writing
the use of an alternative mark within
30 days of receipt of the documentation
of a program.
(3) Any mark placed in accordance
with the requirements of this section
must be placed in the locations described in paragraph (j)(1) of this section and in a manner that can be easily
read by emergency response personnel
fighting a fire involving this equipment.
(k) As of April 26, 1999 the following
PCB Items shall be marked with the
ML mark as described in § 761.45(a):
(1) All PCB Large Low Voltage Capacitors not marked under paragraph
(a) of this section shall be marked individually, or if one or more PCB Large
Low Voltage Capacitors are installed
in a protected location such as on a
power pole, or structure, or behind a
fence, then the owner or operator shall
mark the pole, structure, or fence with
the ML mark, and maintain a record or
procedure identifying the PCB Capacitors at the protected location. PCB
Large Low Voltage Capacitors in inaccessible locations inside equipment

need not be marked individually, provided the owner or operator marks the
equipment in accordance with paragraph (k)(2) of this section, and marks
the individual capacitors at the time of
removal from use in accordance with
paragraph (a) of this section.
(2) All equipment not marked under
paragraph (a) of this section containing
a PCB Transformer or a PCB Large
High or Low Voltage Capacitor.
(l)(1) All voltage regulators which
contain 1.36 kilograms (3 lbs.) or more
of dielectric fluid with a PCB concentration of ≥500 ppm must be marked
individually with the ML mark as described in § 761.45(a).
(2) Locations of voltage regulators
which contain 1.36 kilograms (3 lbs.) or
more of dielectric fluid with a PCB
concentration of ≥500 ppm shall be
marked as follows: The vault door, machinery room door, fence, hallway, or
means of access, other than grates or
manhole covers, must be marked with
the ML mark as described in § 761.45(a).
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 47 FR
37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985;
50 FR 32176, Aug. 9, 1985; 53 FR 12524, Apr. 15,
1988; 53 FR 27329, July 19, 1988; 63 FR 35443,
June 29, 1998; 64 FR 33760, June 24, 1999]

§ 761.45 Marking formats.
The following formats shall be used
for marking:
(a) Large PCB Mark—ML. Mark ML
shall be as shown in Figure 1, letters
and striping on a white or yellow background and shall be sufficiently durable to equal or exceed the life (including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The size of the mark shall be at
least 15.25 cm (6 inches) on each side. If
the PCB Article or PCB Equipment is
too small to accommodate this size,
the mark may be reduced in size proportionately down to a minimum of 5
cm (2 inches) on each side.
(b) Small PCB Mark—Ms. Mark Ms
shall be as shown in Figure 2, letters
and striping on a white or yellow background, and shall be sufficiently durable to equal or exceed the life (including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The mark shall be a rectangle
2.5 by 5 cm (1 inch by 2 inches). If the

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§ 761.50

40 CFR Ch. I (7–1–18 Edition)

PCB Article or PCB Equipment is too
small to accommodate this size, the
mark may be reduced in size proportionately down to a minimum of 1 by 2
cm (.4 by .8 inches).

[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982]

§ 761.50 Applicability.
(a) General PCB disposal requirements.
Any person storing or disposing of PCB
waste must do so in accordance with
subpart D of this part. The following
prohibitions and conditions apply to all
PCB waste storage and disposal:
(1) No person may open burn PCBs.
Combustion of PCBs approved under
§ 761.60 (a) or (e), or otherwise allowed
under part 761, is not open burning.
(2) No person may process liquid
PCBs into non-liquid forms to circumvent the high temperature incineration requirements of § 761.60(a).
(3) No person may discharge water
containing PCBs to a treatment works
(as defined § 503.9(aa) of this chapter) or

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Subpart D—Storage and Disposal

to navigable waters unless the PCB
concentration is <3 μg/L (approximately 3 ppb), or unless the discharge
is in accordance with a PCB discharge
limit included in a permit issued under
section 307(b) or 402 of the Clean Water
Act.
(4) Spills and other uncontrolled discharges of PCBs at concentrations of
≥50 ppm constitute the disposal of
PCBs.
(5) Any person land disposing of nonliquid PCBs may avoid otherwise-applicable sampling requirements by presuming that the PCBs disposed of are
≥500 ppm (or ≥100 μg/100 cm2 if no freeflowing liquids are present).
(6) Any person storing or disposing of
PCBs is also responsible for determining and complying with all other
applicable Federal, State, and local
laws and regulations.
(b) PCB waste—(1) PCB liquids. Any
person removing PCB liquids from use
(i.e., not PCB remediation waste) must
dispose of them in accordance with
§ 761.60(a), or decontaminate them in
accordance with § 761.79.
(2) PCB Items. Any person removing
from use a PCB Item containing an intact and non-leaking PCB Article must
dispose of it in accordance with
§ 761.60(b), or decontaminate it in accordance with § 761.79. PCB Items where
the PCB Articles are no longer intact
and non-leaking are regulated for disposal as PCB bulk product waste under
§ 761.62(a) or (c).
(i) Fluorescent light ballasts containing PCBs only in an intact and
non-leaking PCB Small Capacitor are
regulated
for
disposal
under
§ 761.60(b)(2)(ii).
(ii) Fluorescent light ballasts containing PCBs in the potting material
are regulated for disposal as PCB bulk
product waste under § 761.62.
(3) PCB remediation waste. PCB remediation waste, including PCB sewage
sludge, is regulated for cleanup and disposal in accordance with § 761.61.
(i) Any person responsible for PCB
waste at as-found concentrations ≥50
ppm that was either placed in a land
disposal facility, spilled, or otherwise
released into the environment prior to
April 18, 1978, regardless of the concentration of the spill or release; or
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§ 761.50

spilled, or otherwise released into the
environment on or after April 18, 1978,
but prior to July 2, 1979, where the concentration of the spill or release was
≥50 ppm but <500 ppm, must dispose of
the waste as follows:
(A) Sites containing these wastes are
presumed not to present an unreasonable risk of injury to health or the environment from exposure to PCBs at
the site. However, the EPA Regional
Administrator may inform the owner
or operator of the site that there is
reason to believe that spills, leaks, or
other uncontrolled releases or discharges, such as leaching, from the site
constitute ongoing disposal that may
present an unreasonable risk of injury
to health or the environment from exposure to PCBs at the site, and may require the owner or operator to generate
data necessary to characterize the risk.
If after reviewing any such data, the
EPA Regional Administrator makes a
finding, that an unreasonable risk exists, then he or she may direct the
owner or operator of the site to dispose
of the PCB remediation waste in accordance with § 761.61 such that an unreasonable risk of injury no longer exists.
(B) Unless directed by the EPA Regional Administrator to dispose of PCB
waste in accordance with paragraph
(b)(3)(i)(A) of this section, any person
responsible for PCB waste at as-found
concentrations ≥50 ppm that was either
placed in a land disposal facility,
spilled, or otherwise released into the
environment prior to April 18, 1978, regardless of the concentration of the
spill or release; or placed in a land disposal facility, spilled, or otherwise released into the environment on or after
April 18, 1978, but prior to July 2, 1979,
where the concentration of the spill or
release was ≥50 ppm but <500 ppm, who
unilaterally decides to dispose of that
waste (for example, to obtain insurance
or to sell the property), is not required
to clean up in accordance with § 761.61.
Disposal of the PCB remediation waste
must comply with § 761.61. However,
cleanup of those wastes that is not in
complete compliance with § 761.61 will
not afford the responsible party with
relief from the applicable PCB regulations for that waste.

(ii) Any person responsible for PCB
waste at as-found concentrations ≥50
ppm that was either placed in a land
disposal facility, spilled, or otherwise
released into the environment on or
after April 18, 1978, but prior to July 2,
1979, where the concentration of the
spill or release was ≥500 ppm; or placed
in a land disposal facility, spilled, or
otherwise released into the environment on or after July 2, 1979, where the
concentration of the spill or release
was ≥50 ppm, must dispose of it in accordance with either of the following:
(A) In accordance with the PCB Spill
Cleanup Policy (Policy) at subpart G of
this part, for those PCB remediation
wastes that meet the criteria of the
Policy. Consult the Policy for a description of the spills it covers and its
notification and timing requirements.
(B) In accordance with § 761.61. Complete compliance with § 761.61 does not
create a presumption against enforcement action for penalties for any unauthorized PCB disposal.
(iii) The owner or operator of a site
containing PCB remediation waste has
the burden of proving the date that the
waste was placed in a land disposal facility, spilled, or otherwise released
into the environment, and the concentration of the original spill.
(4) PCB bulk product waste—(i) General. Any person disposing of PCB bulk
product waste must do so in accordance with § 761.62. PCB bulk product
waste, as that term is defined in § 761.3,
is waste that was ≥50 ppm when originally removed from service, even if its
current PCB concentration is <50 ppm.
PCB bulk product waste is regulated
for disposal based on the risk from the
waste once disposed of. For waste
which is land disposed, the waste is
regulated based on how readily the
waste is released from disposal to the
environment, in particular by leaching
out from the land disposal unit.
(ii) Metal surfaces in contact with
PCBs. Any person disposing of metal
surfaces in contact with PCBs (e.g.,
painted metal) may use thermal decontamination procedures in accordance
with § 761.79(c)(6) (see § 761.62(a)(6)).
(5) PCB household waste. Any person
storing or disposing of PCB household
waste, as that term is defined in § 761.3,
must do so in accordance with § 761.63.

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§ 761.60

40 CFR Ch. I (7–1–18 Edition)

(6) PCB research and development
waste. Any person disposing of PCB
wastes generated during and as a result
of research and development for use
under § 761.30(j), or for disposal under
§ 761.60(j), must do so in accordance
with § 761.64.
(7) PCB/Radioactive waste. (i) Any person storing PCB/radioactive waste ≥50
ppm PCBs must do so taking into account both its PCB concentration and
its radioactive properties, except as
provided in § 761.65(a)(1), (b)(1)(ii), and
(c)(6)(i).
(ii) Any person disposing of PCB/radioactive waste must do so taking into
account both its PCB concentration
and its radioactive properties. If, taking into account only the properties of
the PCBs in the waste (and not the radioactive properties of the waste), the
waste meets the requirements for disposal in a facility permitted, licensed,
or registered by a State as a municipal
or non-municipal non-hazardous waste
landfill (e.g., PCB bulk product waste
under § 761.62(b)(1)), then the person
may dispose of the PCB/radioactive
waste, without regard to the PCB component of the waste, on the basis of its
radioactive properties in accordance
with all applicable requirements for
the radioactive component of the
waste.
(8) Porous surfaces. In most cases a
person must dispose of porous surfaces
as materials where PCBs have penetrated far beneath the surface, rather
than a simple surface contamination.
Any person disposing of porous surfaces on which PCBs have been spilled
and meeting the definition of PCB remediation waste at § 761.3 must do so in
accordance with § 761.61. Any person
disposing of porous surfaces which are
part of manufactured non-liquid products containing PCBs and meeting the
definition of PCB bulk product waste
at § 761.3 must do so in accordance with
§ 761.62. Any person may decontaminate
concrete surfaces upon which PCBs
have been spilled in accordance with
§ 761.79(b)(4), if the decontamination
procedure is commenced within 72
hours of the initial spill of PCBs to the
concrete or portion thereof being decontaminated. Any person may decontaminate porous non-liquid PCBs in
contact with non-porous surfaces, such

as underground metal fuel tanks coated with fire retardant resin or pitch,
for purposes of unrestricted use or disposal in a smelter in accordance with
§ 761.79(b)(3).
(c) Storage for disposal. Any person
who holds PCB waste must store it in
accordance with § 761.65.
(d) Performance specifications for disposal technologies—(1) Incinerators. Any
person using an incinerator to dispose
of PCBs must use an incinerator that
meets the criteria set forth in § 761.70.
(2) High efficiency boilers. Any person
using a high efficiency boiler to dispose
of PCBs must use a boiler that meets
the criteria set forth in § 761.71.
(3) Scrap metal recovery ovens and
smelters. Any person using scrap metal
recovery ovens and smelters to dispose
of PCBs must use a device that meets
the criteria set forth in § 761.72.
(4) Chemical waste landfills. Any person using a chemical waste landfill to
dispose of PCBs must use a chemical
waste landfill that meets the criteria
set forth in § 761.75.
(e) TSCA PCB Coordinated Approval.
Any person seeking a TSCA PCB Coordinated Approval must follow the
procedures set forth in § 761.77.
[63 FR 35444, June 29, 1998, as amended at 64
FR 33760, June 24, 1999]

§ 761.60 Disposal requirements.
(a) PCB liquids. PCB liquids at concentrations ≥50 ppm must be disposed
of in an incinerator which complies
with § 761.70, except that PCB liquids at
concentrations ≥50 ppm and <500 ppm
may be disposed of as follows:
(1) For mineral oil dielectric fluid, in
a high efficiency boiler according to
§ 761.71(a).
(2) For liquids other than mineral oil
dielectric fluid, in a high efficiency
boiler according to § 761.71(b).
(3) For liquids from incidental
sources, such as precipitation, condensation, leachate or load separation
and are associated with PCB Articles
or non-liquid PCB wastes, in a chemical waste landfill which complies with
§ 761.75 if:
(i) [Reserved]
(ii) Information is provided to or obtained by the owner or operator of the
chemical waste landfill that shows that
the liquids do not exceed 500 ppm PCB

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Environmental Protection Agency

§ 761.60

and are not an ignitable waste as described in § 761.75(b)(8)(iii).
(b) PCB Articles. This paragraph does
not authorize disposal that is otherwise prohibited in § 761.20 or elsewhere
in this part.
(1) Transformers. (i) PCB Transformers shall be disposed of in accordance with either of the following:
(A) In an incinerator that complies
with § 761.70; or
(B) In a chemical waste landfill approved under § 761.75; provided that all
free-flowing liquid is removed from the
transformer, the transformer is filled
with a solvent, the transformer is allowed to stand for at least 18 continuous hours, and then the solvent is
thoroughly removed. Any person disposing of PCB liquids that are removed
from the transformer (including the dielectric fluid and all solvents used as a
flush), shall do so in an incinerator
that complies with § 761.70 of this part,
or shall decontaminate them in accordance with § 761.79. Solvents may include
kerosene, xylene, toluene, and other
solvents in which PCBs are readily
soluble. Any person disposing of these
PCB liquids must ensure that the solvent flushing procedure is conducted in
accordance with applicable safety and
health standards as required by Federal or State regulations.
(ii) [Reserved]
(2) PCB Capacitors. (i) The disposal of
any capacitor shall comply with all requirements of this subpart unless it is
known from label or nameplate information, manufacturer’s literature (including documented communications
with the manufacturer), or chemical
analysis that the capacitor does not
contain PCBs.
(ii) Any person may dispose of PCB
Small Capacitors as municipal solid
waste, unless that person is subject to
the requirements of paragraph (b)(2)(iv)
of this section.
(iii) Any PCB Large High or Low
Voltage Capacitor which contains 500
ppm or greater PCBs, owned by any
person, shall be disposed of in accordance with either of the following:
(A) Disposal in an incinerator that
complies with § 761.70; or
(B) Until March 1, 1981, disposal in a
chemical waste landfill that complies
with § 761.75.

(iv) Any person who manufactures or
at any time manufactured PCB Capacitors or PCB Equipment, and acquired
the PCB Capacitor in the course of
such manufacturing, shall place the
PCB Small Capacitors in a container
meeting the DOT packaging requirements at 49 CFR parts 171 through 180
and dispose of them in accordance with
either of the following:
(A) Disposal in an incinerator which
complies with § 761.70; or
(B) Until March 1, 1981, disposal in a
chemical waste landfill which complies
with § 761.75.
(v) Notwithstanding the restrictions
imposed by paragraph (b)(2)(iii)(B) or
(b)(2)(iv)(B) of this section, PCB capacitors may be disposed of in PCB chemical waste landfills that comply with
§ 761.75 subsequent to March 1, 1981, if
EPA publishes a notice in the FEDERAL
REGISTER declaring that those landfills
are available for such disposal and explaining the reasons for the extension
or reopening. An extension or reopening for disposal of PCB capacitors that
is granted under this subsection shall
be subject to such terms and conditions
as the Assistant Administrator may
prescribe and shall be in effect for such
period as the Assistant Administrator
may prescribe. EPA may permit disposal of PCB capacitors in EPA-approved chemical waste landfills after
March 1, 1981, if in its opinion,
(A) Adequate incineration capability
for PCB capacitors is not available, or
(B) The incineration of PCB capacitors will significantly interfere with
the incineration of liquid PCBs, or
(C) There is other good cause shown.
As part of this evaluation, the Assistant Administrator will consider the
impact of his action on the incentives
to construct or expand PCB incinerators.
(vi) Any person disposing of large
PCB capacitors or small PCB capacitors described in paragraph (b)(2)(iv) of
this section in a chemical waste landfill approved under § 761.75, shall first
place them in a container meeting the
DOT packaging requirements at 49 CFR
parts 171 through 180. In all cases, the
person must fill the interstitial space
in the container with sufficient absorbent material (such as soil) to absorb

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§ 761.60

40 CFR Ch. I (7–1–18 Edition)

any liquid PCBs remaining in the capacitors.
(3) PCB hydraulic machines. (i) Any
person disposing of PCB hydraulic machines containing PCBs at concentrations of ≥50 ppm, such as die casting
machines, shall do so by one of the following methods:
(A) In accordance with § 761.79.
(B) In a facility which is permitted,
licensed, or registered by a State to
manage municipal solid waste subject
to part 258 of this chapter or non-municipal non-hazardous waste subject to
§§ 257.5 through 257.30 of this chapter, as
applicable (excluding thermal treatment units).
(C) In a scrap metal recovery oven or
smelter operating in compliance with
§ 761.72.
(D) In a disposal facility approved
under this part.
(ii) All free-flowing liquid must be removed from each machine and the liquid must be disposed of in accordance
with the provisions of paragraph (a) of
this section. If the PCB liquid contains
≥1,000 ppm PCB, then the hydraulic machine must be decontaminated in accordance with § 761.79 or flushed prior
to disposal with a solvent listed at
paragraph (b)(1)(i)(B) of this section
which contains <50 ppm PCB. The solvent must be disposed of in accordance
with paragraph (a) of this section or
§ 761.79.
(4) PCB-Contaminated Electrical Equipment. Any person disposing of PCBContaminated Electrical Equipment,
except capacitors, shall do so in accordance with paragraph (b)(6)(ii)(A) of
this section. Any person disposing of
Large Capacitors that contain ≥50 ppm
but <500 ppm PCBs shall do so in a disposal facility approved under this part.
(5) Natural gas pipeline systems containing PCBs. The owner or operator of
natural gas pipeline systems containing ≥50 ppm PCBs, when no longer
in use, shall dispose of the system either by abandonment in place of the
pipe under paragraph (b)(5)(i) of this
section or removal with subsequent action under paragraph (b)(5)(ii) of this
section. Any person determining the
PCB concentrations in natural gas
pipeline systems shall do so in accordance with paragraph (b)(5)(iii) of this
section.

(i) Abandonment. Natural gas pipe
containing ≥50 ppm PCBs may be abandoned in place under one or more of the
following provisions:
(A) Natural gas pipe having a nominal inside diameter of ≤4 inches, and
containing PCBs at any concentration
but no free-flowing liquids, may be
abandoned in the place it was used to
transport natural gas if each end is
sealed closed and the pipe is either:
(1) Included in a public service notification program, such as a ‘‘one-call’’
system under 49 CFR 192.614(a) and (b).
(2) Filled to 50 percent or more of the
volume of the pipe with grout (such as
a hardening slurry consisting of cement, bentonite, or clay) or high density polyurethane foam.
(B) PCB-Contaminated natural gas
pipe of any diameter, where the PCB
concentration was determined after the
last transmission of gas through the
pipe or at the time of abandonment,
that contains no free-flowing liquids
may be abandoned in the place it was
used to transport natural gas if each
end is sealed closed.
(C) Natural gas pipe of any diameter
which contains PCBs at any concentration but no free-flowing liquids, may be
abandoned in the place it was used to
transport natural gas, if each end is
sealed closed, and either:
(1) The interior surface is decontaminated with one or more washes of a solvent in accordance with the use and
disposal requirements of § 761.79(d).
This decontamination process must result in a recovery of 95 percent of the
solvent volume introduced into the
system, and the PCB concentration of
the recovered wash must be <50 ppm
(see § 761.79(a)(1) for requirements on
use and disposal of decontaminating
fluids).
(2) The pipe is filled to 50 percent or
more of the volume of the pipe with
grout (such as a hardening slurry-like
cement, bentonite, or clay) or high
density polyurethane foam (except that
only cement shall be used as grout
under rivers or streams) and each end
is sealed closed.
(D) Natural gas pipe of any diameter
which contains PCBs at any concentration may be abandoned in place after
decontamination in accordance with

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Environmental Protection Agency

§ 761.60

§ 761.79(c)(3), (c)(4) or (h) or a PCB disposal approval issued under § 761.60(e)
or § 761.61(c).
(ii) Removal with subsequent action.
Natural gas pipeline systems may be
disposed of under one of the following
provisions:
(A) The following classifications of
natural gas pipe containing no freeflowing liquids may be disposed of in a
facility permitted, licensed, or registered by a State to manage municipal
solid waste subject to part 258 of this
chapter or non-municipal non-hazardous waste subject to §§ 257.5 through
257.30 of this chapter, as applicable (excluding thermal treatment units); a
scrap metal recovery oven or smelter
operating in compliance with the requirements of § 761.72; or a disposal facility approved under this part:
(1) PCB-Contaminated natural gas
pipe of any diameter where the PCB
concentration was determined after the
last transmission of gas through the
pipe or during removal from the location it was used to transport natural
gas.
(2) Natural gas pipe containing PCBs
at any concentration and having a
nominal inside diameter ≤4 inches.
(B) Any component of a natural gas
pipeline system may be disposed of
under one of the following provisions:
(1) In an incinerator operating in
compliance with § 761.70.
(2) In a chemical waste landfill operating in compliance with § 761.75, provided that all free-flowing liquid PCBs
have been thoroughly drained.
(3) As a PCB remediation waste in
compliance with § 761.61.
(4) In accordance with § 761.79.
(iii) Characterization of natural gas
pipeline systems by PCB concentration in
condensate. (A) Any person disposing of
a natural gas pipeline system under
paragraphs (b)(5)(i)(B) or (b)(5)(ii)(A)(1)
of this section must characterize it for
PCB contamination by analyzing organic liquids collected at existing condensate collection points in the natural
gas pipeline system. The level of PCB
contamination found at a collection
point is assumed to extend to the next
collection point downstream. If no organic liquids are present, drain freeflowing liquids and collect standard
wipe samples according to subpart M of

this part. Collect condensate within 72
hours of the final transmission of natural gas through the part of the system
to be abandoned or removed. Collect
wipe samples after the last transmission of gas through the pipe or during removal from the location it was
used to transport natural gas.
(B) PCB concentration of the organic
phase of multi-phasic liquids shall be
determined
in
accordance
with
§ 761.1(b)(4).
(iv) Disposal of pipeline liquids. (A)
Any person disposing of liquids containing PCBs ≥50 ppm removed, spilled,
or otherwise released from a natural
gas pipeline system must do so in accordance with § 761.61(a)(5)(iv) based on
the PCB concentration at the time of
removal from the system. Any person
disposing of material contaminated by
spills or other releases of PCBs ≥50 ppm
from a natural gas pipeline system,
must do so in accordance with § 761.61
or § 761.79, as applicable.
(B) Any person who markets or burns
for energy recovery liquid containing
PCBs at concentrations <50 ppm PCBs
at the time of removal from a natural
gas pipeline system must do so in accordance with the provisions pertaining to used oil at § 761.20(e). No
other use of liquid containing PCBs at
concentrations above the quantifiable
level/level of detection removed from a
natural gas pipeline system is authorized.
(6) Other PCB Articles. (i) PCB articles
with concentrations at 500 ppm or
greater must be disposed of:
(A) In an incinerator that complies
with § 761.70; or
(B) In a chemical waste landfill that
complies with § 761.75, provided that all
free-flowing liquid PCBs have been
thoroughly drained from any articles
before the articles are placed in the
chemical waste landfill and that the
drained liquids are disposed of in an incinerator that complies with § 761.70.
(ii)(A) Except as specifically provided
in paragraphs (b)(1) through (b)(5) of
this section, any person disposing of a
PCB-Contaminated Article must do so
by removing all free-flowing liquid
from the article, disposing of the liquid
in accordance with paragraph (a) of
this section, and disposing of the PCBContaminated Article with no free-

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§ 761.60

40 CFR Ch. I (7–1–18 Edition)

flowing liquid by one of the following
methods:
(1) In accordance with § 761.79.
(2) In a facility permitted, licensed,
or registered by a State to manage municipal solid waste subject to part 258
of this chapter or non-municipal nonhazardous waste subject to §§ 257.5
through 257.30 of this chapter, as applicable (excluding thermal treatment
units).
(3) In a scrap metal recovery oven or
smelter operating in compliance with
§ 761.72.
(4) In a disposal facility approved
under this part.
(B) Storage for disposal of PCB-Contaminated Articles from which all freeflowing liquids have been removed is
not regulated under subpart D of this
part.
(C) Requirements in subparts J and K
of this part do not apply to PCB-Contaminated Articles from which all freeflowing liquids have been removed.
(iii) Fluorescent light ballasts containing PCBs in their potting material
must be disposed of in a TSCA-approved disposal facility, as bulk product waste under § 761.62, as household
waste under § 761.63 (where applicable),
or in accordance with the decontamination provisions of § 761.79.
(7) Storage of PCB Articles. Except for
a PCB Article described in paragraph
(b)(2)(ii) of this section and hydraulic
machines that comply with the municipal solid waste disposal provisions described in paragraph (b)(3) of this section, any PCB Article, with PCB concentrations at 50 ppm or greater, shall
be stored in accordance with § 761.65
prior to disposal.
(8) Persons disposing of PCB Articles
must wear or use protective clothing or
equipment to protect against dermal
contact with or inhalation of PCBs or
materials containing PCBs.
(c) PCB Containers. (1) Unless decontaminated in compliance with § 761.79
or as provided in paragraph (c)(2) of
this section, a PCB container with PCB
concentrations at 500 ppm or greater
shall be disposed of:
(i) In an incinerator which complies
with § 761.70, or
(ii) In a chemical waste landfill that
complies with § 761.75; provided that if
there are PCBs in a liquid state, the

PCB Container shall first be drained
and the PCB liquid disposed of in accordance with paragraph (a) of this section.
(2) Any PCB Container used to contain only PCBs at a concentration less
than 500 ppm shall be disposed of as
municipal solid wastes; provided that if
the PCBs are in a liquid state, the PCB
Container shall first be drained and the
PCB liquid shall be disposed of in accordance with paragraph (a) of this section.
(3) Prior to disposal, a PCB container
with PCB concentrations at 50 ppm or
greater shall be stored in a unit which
complies with § 761.65.
(d) [Reserved]
(e) Any person who is required to incinerate any PCBs and PCB items
under this subpart and who can demonstrate that an alternative method of
destroying PCBs and PCB items exists
and that this alternative method can
achieve a level of performance equivalent to an incinerator approved under
§ 761.70 or a high efficiency boiler operating in compliance with § 761.71, must
submit a written request to the Regional Administrator or the Director,
Office of Resource Conservation and
Recovery, for a waiver from the incineration requirements of § 761.70 or
§ 761.71. Requests for approval of alternate methods that will be operated in
more than one Region must be submitted to the Director, Office of Resource Conservation and Recovery, except for research and development activities involving less than 500 pounds
of PCB material (see paragraph (i)(2) of
this section). Requests for approval of
alternate methods that will be operated in only one Region must be submitted to the appropriate EPA Regional Administrator. The applicant
must show that his or her method of
destroying PCBs will not present an
unreasonable risk of injury to health
or the environment. On the basis of
such information and any available information, EPA may, in its discretion,
approve the use of the alternate method if it finds that the alternate disposal
method provides PCB destruction
equivalent to disposal in a § 761.60 incinerator or a § 761.61 high efficiency
boiler and will not present an unreasonable risk of injury to health or the

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Environmental Protection Agency

§ 761.60

environment. Any approval must be
stated in writing and may include such
conditions and provisions as EPA
deems appropriate. The person to
whom such waiver is issued must comply with all limitations contained in
such determination. No person may use
the alternate method of destroying
PCBs or PCB items prior to obtaining
permission from the appropriate EPA
official.
(f)(1) Each operator of a chemical
waste landfill, incinerator, or alternative to incineration approved under
paragraph (e) of this section shall give
the following written notices to the
state and local governments within
whose jurisdiction the disposal facility
is located:
(i) Notice at least thirty (30) days before a facility is first used for disposal
of PCBs required by these regulations;
and
(ii) At the request of any state or
local government, annual notice of the
quantities and general description of
PCBs disposed of during the year. This
annual notice shall be given no more
than thirty (30) days after the end of
the year covered.
(iii) The Regional Administrator may
reduce the notice period required by
paragraph (f)(1)(i) of this section from
thirty days to a period of no less than
five days in order to expedite interim
approval of the chemical waste landfill
located in Sedgwick County, Kansas.
(2) [Reserved]
(g) Testing procedures. (1) Owners or
users of mineral oil dielectric fluid
electrical equipment may use the following procedures to determine the
concentration of PCBs in the dielectric
fluid:
(i) Dielectric fluid removed from
mineral oil dielectric fluid electrical
equipment may be collected in a common container, provided that no other
chemical substances or mixtures are
added to the container. This common
container option does not permit dilution of the collected oil. Mineral oil
that is assumed or known to contain at
least 50 ppm PCBs must not be mixed
with mineral oil that is known or assumed to contain less than 50 ppm
PCBs to reduce the concentration of
PCBs in the common container. If dielectric fluid from untested, oil-filled

circuit breakers, reclosers, or cable is
collected in a common container with
dielectric fluid from other oil-filled
electrical equipment, the entire contents of the container must be treated
as PCBs at a concentration of at least
50 ppm, unless all of the fluid from the
other oil-filled electrical equipment
has been tested and shown to contain
less than 50 ppm PCBs.
(ii) For purposes of complying with
the marking and disposal requirements, representative samples may be
taken from either the common containers or the individual electrical
equipment to determine the PCB concentration, except that if any PCBs at
a concentration of 500 ppm or greater
have been added to the container or
equipment then the total container
contents must be considered as having
a PCB concentration of 500 ppm or
greater for purposes of complying with
the disposal requirements of this subpart. For purposes of this subparagraph, representative samples of mineral oil dielectric fluid are either samples taken in accordance with ASTM D
923–86 or ASTM D 923–89 or samples
taken from a container that has been
thoroughly mixed in a manner such
that any PCBs in the container are
uniformly distributed throughout the
liquid in the container.
(iii) Unless otherwise specified in this
part, any person conducting the chemical analysis of PCBs shall do so using
gas
chromatography.
Any
gas
chromatographic method that is appropriate for the material being analyzed
may be used, including EPA Method
608, ‘‘Organochlorine Pesticides and
PCBs’’ at 40 CFR part 136, Appendix
A;’’
EPA
Method
8082,
‘‘Polychlorinated Biphenyls (PCBs) by Capillary Column Gas Chromatography’’ of
SW-846, ‘‘OSW Test Methods for Evaluating Solid Waste,’’ which is available
from NTIS; and ASTM Standard D-4059,
‘‘Standard Test Method for Analysis of
Polychlorinated Biphenyls in Insulating
Liquids
by
Gas
Chromatography,’’ which is available from
ASTM.
(2) Owners or users of waste oil may
use the following procedures to determine the PCB concentration of waste
oil:

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§ 761.60

40 CFR Ch. I (7–1–18 Edition)

(i) Waste oil from more than one
source may be collected in a common
container, provided that no other
chemical substances or mixtures, such
as non-waste oils, are added to the container.
(ii) For purposes of complying with
the marking and disposal requirements, representative samples may be
taken from either the common containers or the individual electrical
equipment to determine the PCB concentration. Except, That if any PCBs at
a concentration of 500 ppm or greater
have been added to the container or
equipment then the total container
contents must be considered as having
a PCB concentration of 500 ppm or
greater for purposes of complying with
the disposal requirements of this subpart. For purposes of this paragraph,
representative samples of mineral oil
dielectric fluid are either samples
taken in accordance with ASTM D 923–
86 or ASTM D 923–89 or samples taken
from a container that has been thoroughly mixed in a manner such that
any PCBs in the container are uniformly distributed throughout the liquid in the container.
(iii) Unless otherwise specified in this
part, any person conducting the chemical analysis of PCBs shall do so using
gas
chromatography.
Any
gas
chromatographic method that is appropriate for the material being analyzed
may be used, including those indicated
in paragraph (g)(1)(iii) of this section.
(h) Requirements for export and import of PCBs and PCB Items for disposal are found in subpart F of this
part.
(i) Approval authority for disposal
methods. (1) The officials designated in
paragraph (e) of this section and
§ 761.70(a) and (b) to receive requests for
approval of PCB disposal activities are
the primary approval authorities for
these activities. Notwithstanding, EPA
may, at its discretion, assign the authority to review and approve any aspect of a disposal system to the Office
of Land and Emergency Management
or to a Regional Administrator.
(2) Except for activity authorized
under paragraph (j) of this section, research and development (R&D) for PCB
disposal using a total of <500 pounds of
PCB material (regardless of PCB con-

centration) will be reviewed and approved by the EPA Regional Administrator for the Region where the R&D
will be conducted, and R&D for PCB
disposal using 500 pounds or more of
PCB material (regardless of PCB concentration) will be reviewed and approved by the EPA.
(j) Self-implementing requirements for
research and development (R&D) for PCB
disposal. (1) Any person may conduct
R&D for PCB disposal without prior
written approval from EPA if they
meet the following conditions:
(i) File a notification and obtain an
EPA identification number pursuant to
subpart K of this part.
(ii) Notify in writing the EPA Regional Administrator, the State environmental protection agency, and local
environmental protection agency, having jurisdiction where the R&D for
PCB disposal activity will occur at
least 30 days prior to the commencement of any R&D for PCB disposal activity conducted under this section.
Each written notification shall include
the EPA identification number of the
site where the R&D for PCB disposal
activities will be conducted, the quantity of PCBs to be treated, the type of
R&D technology to be used, the general
physical and chemical properties of
material being treated, and an estimate of the duration of the PCB activity. The EPA Regional Administrator,
the State environmental protection
agency, and the local environmental
protection agency may waive notification in writing prior to commencement
of the research.
(iii) The amount of material containing PCBs treated annually by the
facility during R&D for PCB disposal
activities does not exceed 500 gallons or
70 cubic feet of liquid or non-liquid
PCBs and does not exceed a maximum
concentration of 10,000 ppm PCBs.
(iv) No more than 1 kilogram total of
pure PCBs per year is disposed of in all
R&D for PCB disposal activities at a
facility.
(v) Each R&D for PCB disposal activity under this section lasts no more
than 1 calendar year.
(vi) Store all PCB wastes (treated
and untreated PCB materials, testing

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Environmental Protection Agency

§ 761.61

samples, spent laboratory samples, residuals, untreated samples, contaminated media or instrumentation, clothing, etc.) in compliance with § 761.65(b)
and dispose of them according to the
undiluted PCB concentration prior to
treatment. However, PCB materials
not treated in the R&D for PCB disposal activity may be returned either
to the physical location where the samples were collected or a location where
other regulated PCBs from the physical
location where the samples were collected are being stored for disposal.
(vii) Use manifests pursuant to subpart K of this part for all R&D PCB
wastes being transported from the R&D
facility to an approved PCB storage or
disposal facility. However, §§ 761.207
through 761.219 do not apply if the residuals or treated samples are returned
either to the physical location where
the samples were collected or a location where other regulated PCBs from
the physical location where the samples were collected are being stored for
disposal.
(viii) Package and ship all PCB
wastes pursuant to DOT requirements
under 49 CFR parts 171 through 180.
(ix) Comply with the recordkeeping
requirements of § 761.180.
(2) Do not exceed material limitations set out in paragraphs (j)(1) (iii)
and (iv) of this section and the time
limitation set out in paragraph (j)(1)(v)
of this section without prior written
approval from EPA. Requests for approval to exceed the material limitations for PCBs in R&D for PCB disposal
activities as specified in this section
must be submitted in writing to the
EPA Regional Administrator for the
Region in which the facility conducting R&D for PCB disposal activities is located. Each request shall
specify the quantity or concentration
requested or additional time needed for
disposal and include a justification for
each increase. For extensions to the
duration of the R&D for PCB disposal
activity, the request shall also include
a report on the accomplishments and
progress of the previously authorized
R&D for PCB disposal activity for
which the extension is sought. The
EPA Regional Administrator may
grant a waiver in writing for an increase in the volume of PCB material,

the maximum concentration of PCBs,
the total amount of pure PCBs, or the
duration of the R&D activity. Approvals will state all requirements applicable to the R&D for PCB disposal activity.
(3) The EPA Regional Administrator
for the Region in which an R&D for
PCB disposal activity is conducted may
determine, at any time, that an R&D
PCB disposal approval is required
under paragraphs (e) and (i)(2) of this
section or § 761.70(d) to ensure that any
R&D for PCB disposal activity does not
present an unreasonable risk of injury
to health or the environment.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 761.60, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 761.61

PCB remediation waste.

This section provides cleanup and
disposal options for PCB remediation
waste. Any person cleaning up and disposing of PCBs managed under this section shall do so based on the concentration at which the PCBs are found. This
section does not prohibit any person
from implementing temporary emergency measures to prevent, treat, or
contain further releases or mitigate
migration to the environment of PCBs
or PCB remediation waste.
(a) Self-implementing on-site cleanup
and disposal of PCB remediation waste.
EPA designed the self-implementing
procedure for a general, moderatelysized site where there should be low residual environmental impact from remedial activities. The procedure may
be less practical for larger or environmentally diverse sites. For these other
sites, the self-implementing procedure
still applies, but an EPA Regional Administrator may authorize more practical procedures through paragraph (c)
of this section. Any person may conduct self-implementing cleanup and
disposal of PCB remediation waste in
accordance with the following requirements without prior written approval
from EPA.

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§ 761.61

40 CFR Ch. I (7–1–18 Edition)

(1) Applicability. (i) The self-implementing procedures may not be used to
clean up:
(A) Surface or ground waters.
(B) Sediments in marine and freshwater ecosystems.
(C) Sewers or sewage treatment systems.
(D) Any private or public drinking
water sources or distribution systems.
(E) Grazing lands.
(F) Vegetable gardens.
(ii) The self-implementing cleanup
provisions shall not be binding upon
cleanups conducted under other authorities, including but not limited to,
actions conducted under section 104 or
section 106 of CERCLA, or section
3004(u) and (v) or section 3008(h) of
RCRA.
(2) Site characterization. Any person
conducting self-implementing cleanup
of PCB remediation waste must characterize the site adequately to be able to
provide the information required by
paragraph (a)(3) of this section. Subpart N of this part provides a method
for collecting new site characterization
data or for assessing the sufficiency of
existing site characterization data.
(3) Notification and certification. (i) At
least 30 days prior to the date that the
cleanup of a site begins, the person in
charge of the cleanup or the owner of
the property where the PCB remediation waste is located shall notify, in
writing, the EPA Regional Administrator, the Director of the State or
Tribal environmental protection agency, and the Director of the county or
local environmental protection agency
where the cleanup will be conducted.
The notice shall include:
(A) The nature of the contamination,
including kinds of materials contaminated.
(B) A summary of the procedures
used to sample contaminated and adjacent areas and a table or cleanup site
map showing PCB concentrations
measured in all pre-cleanup characterization samples. The summary must include sample collection and analysis
dates. The EPA Regional Administrator may require more detailed information including, but not limited to,
additional characterization sampling
or all sample identification numbers

from all previous characterization activities at the cleanup site.
(C) The location and extent of the
identified contaminated area, including topographic maps with sample collection sites cross referenced to the
sample identification numbers in the
data
summary
from
paragraph
(a)(3)(i)(B) of this section.
(D) A cleanup plan for the site, including schedule, disposal technology,
and approach. This plan should contain
options and contingencies to be used if
unanticipated higher concentrations or
wider distributions of PCB remediation
waste are found or other obstacles
force changes in the cleanup approach.
(E) A written certification, signed by
the owner of the property where the
cleanup site is located and the party
conducting the cleanup, that all sampling plans, sample collection procedures, sample preparation procedures,
extraction procedures, and instrumental/chemical analysis procedures
used to assess or characterize the PCB
contamination at the cleanup site, are
on file at the location designated in the
certificate, and are available for EPA
inspection. Persons using alternate
methods for chemical extraction and
chemical analysis for site characterization must include in the certificate a
statement that such a method will be
used and that a comparison study
which meets or exceeds the requirements of subpart Q of this part, and for
which records are on file, has been
completed prior to verification sampling.
(ii) Within 30 calendar days of receiving the notification, the EPA Regional
Administrator will respond in writing
approving of the self-implementing
cleanup, disapproving of the self-implementing cleanup, or requiring additional information. If the EPA Regional Administrator does not respond
within 30 calendar days of receiving the
notice, the person submitting the notification may assume that it is complete and acceptable and proceed with
the cleanup according to the information the person provided to the EPA
Regional Administrator. Once cleanup
is underway, the person conducting the
cleanup must provide any proposed
changes from the notification to the

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§ 761.61

EPA Regional Administrator in writing no less than 14 calendar days prior
to the proposed implementation of the
change. The EPA Regional Administrator will determine in his or her discretion whether to accept the change,
and will respond to the change notification verbally within 7 calendar days
and in writing within 14 calendar days
of receiving it. If the EPA Regional Administrator does not respond verbally
within 7 calendar days and in writing
within 14 calendar days of receiving the
change notice, the person who submitted it may deem it complete and
acceptable and proceed with the cleanup according to the information in the
change notice provided to the EPA Regional Administrator.
(iii) Any person conducting a cleanup
activity may obtain a waiver of the 30day notification requirement, if they
receive a separate waiver, in writing,
from each of the agencies they are required to notify under this section. The
person must retain the original written
waiver as required in paragraph (a)(9)
of this section.
(4) Cleanup levels. For purposes of
cleaning, decontaminating, or removing PCB remediation waste under this
section, there are four general waste
categories: bulk PCB remediation
waste, non-porous surfaces, porous surfaces, and liquids. Cleanup levels are
based on the kind of material and the
potential exposure to PCBs left after
cleanup is completed.
(i) Bulk PCB remediation waste. Bulk
PCB remediation waste includes, but is
not limited to, the following non-liquid
PCB remediation waste: soil, sediments, dredged materials, muds, PCB
sewage sludge, and industrial sludge.
(A) High occupancy areas. The cleanup
level for bulk PCB remediation waste
in high occupancy areas is ≤1 ppm
without further conditions. High occupancy areas where bulk PCB remediation waste remains at concentrations
>1 ppm and ≤10 ppm shall be covered
with a cap meeting the requirements of
paragraphs (a)(7) and (a)(8) of this section.
(B) Low occupancy areas. (1) The
cleanup level for bulk PCB remediation
waste in low occupancy areas is ≤25
ppm unless otherwise specified in this
paragraph.

(2) Bulk PCB remediation wastes
may remain at a cleanup site at concentrations >25 ppm and ≤50 ppm if the
site is secured by a fence and marked
with a sign including the ML mark.
(3) Bulk PCB remediation wastes
may remain at a cleanup site at concentrations >25 ppm and ≤100 ppm if
the site is covered with a cap meeting
the requirements of paragraphs (a)(7)
and (a)(8) of this section.
(ii) Non-porous surfaces. In high occupancy areas, the surface PCB cleanup
standard is ≤10 μg/100 cm2 of surface
area. In low occupancy areas, the surface cleanup standard is <100 μg/100 cm2
of surface area. Select sampling locations in accordance with subpart P of
this part or a sampling plan approved
under paragraph (c) of this section.
(iii) Porous surfaces. In both high and
low occupancy areas, any person disposing of porous surfaces must do so
based on the levels in paragraph
(a)(4)(i) of this section. Porous surfaces
may be cleaned up for use in accordance with § 761.79(b)(4) or § 761.30(p).
(iv) Liquids. In both high and low occupancy areas, cleanup levels are the
concentrations specified in § 761.79(b)(1)
and (b)(2).
(v) Change in the land use for a cleanup site. Where there is an actual or proposed change in use of an area cleaned
up to the levels of a low occupancy
area, and the exposure of people or animal life in or at that area could reasonably be expected to increase, resulting
in a change in status from a low occupancy area to a high occupancy area,
the owner of the area shall clean up the
area in accordance with the high occupancy area cleanup levels in paragraphs (a)(4)(i) through (a)(4)(iv) of this
section.
(vi) The EPA Regional Administrator, as part of his or her response to
a notification submitted in accordance
with § 761.61(a)(3) of this part, may require cleanup of the site, or portions of
it, to more stringent cleanup levels
than are otherwise required in this section, based on the proximity to areas
such as residential dwellings, hospitals,
schools, nursing homes, playgrounds,
parks, day care centers, endangered
species habitats, estuaries, wetlands,

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§ 761.61

40 CFR Ch. I (7–1–18 Edition)

national parks, national wildlife refuges, commercial fisheries, and sport
fisheries.
(5) Site cleanup. In addition to the options set out in this paragraph, PCB
disposal technologies approved under
§§ 761.60 and 761.70 are acceptable for
on-site self-implementing PCB remediation waste disposal within the confines of the operating conditions of the
respective approvals.
(i) Bulk PCB remediation waste. Any
person cleaning up bulk PCB remediation waste shall do so to the levels in
paragraph (a)(4)(i) of this section.
(A) Any person cleaning up bulk PCB
remediation waste on-site using a soil
washing process may do so without
EPA approval, subject to all of the following:
(1) A non-chlorinated solvent is used.
(2) The process occurs at ambient
temperature.
(3) The process is not exothermic.
(4) The process uses no external heat.
(5) The process has secondary containment to prevent any solvent from
being released to the underlying or surrounding soils or surface waters.
(6) Solvent disposal, recovery, and/or
reuse is in accordance with relevant
provisions of approvals issued according to paragraphs (b)(1) or (c) of this
section or applicable paragraphs of
§ 761.79.
(B) Bulk PCB remediation waste may
be sent off-site for decontamination or
disposal in accordance with this paragraph, provided the waste is either
dewatered on-site or transported offsite in containers meeting the requirements of the DOT Hazardous Materials
Regulations (HMR) at 49 CFR parts 171
through 180.
(1) Removed water shall be disposed
of according to paragraph (b)(1) of this
section.
(2) Any person disposing off-site of
dewatered bulk PCB remediation waste
shall do so as follows:
(i) Unless sampled and analyzed for
disposal according to the procedures
set out in §§ 761.283, 761.286, and 761.292,
the bulk PCB remediation waste shall
be assumed to contain ≥50 ppm PCBs.
(ii) Bulk PCB remediation wastes
with a PCB concentration of <50 ppm
shall be disposed of in accordance with
paragraph (a)(5)(v)(A) of this section.

(iii) Bulk PCB remediation wastes
with a PCB concentration ≥50 ppm
shall be disposed of in a hazardous
waste landfill permitted by EPA under
section 3004 of RCRA, or by a State authorized under section 3006 of RCRA, or
a PCB disposal facility approved under
this part.
(iv) The generator must provide written notice, including the quantity to be
shipped and highest concentration of
PCBs (using extraction EPA Method
3500B/3540C or Method 3500B/3550B followed by chemical analysis using EPA
Method 8082 in SW-846 or methods validated under subpart Q of this part) at
least 15 days before the first shipment
of bulk PCB remediation waste from
each cleanup site by the generator, to
each off-site facility where the waste is
destined for an area not subject to a
TSCA PCB Disposal Approval.
(3) Any person may decontaminate
bulk PCB remediation waste in accordance with § 761.79 and return the waste
to the cleanup site for disposal as long
as the cleanup standards of paragraph
(a)(4) of this section are met.
(ii) Non-porous surfaces. PCB remediation waste non-porous surfaces shall
be cleaned on-site or off-site for disposal on-site, disposal off-site, or use,
as follows:
(A) For on-site disposal, non-porous
surfaces shall be cleaned on-site or offsite to the levels in paragraph (a)(4)(ii)
of this section using:
(1)
Procedures
approved
under
§ 761.79.
(2) Technologies approved under
§ 761.60(e).
(3) Procedures or technologies approved under paragraph (c) of this section.
(B) For off-site disposal, non-porous
surfaces:
(1) Having surface concentrations
<100 μg/100 cm2 shall be disposed of in
accordance
with
paragraph
(a)(5)(i)(B)(2)(ii) of this section. Metal
surfaces may be thermally decontaminated
in
accordance
with
§ 761.79(c)(6)(i).
(2) Having surface concentrations
≥100 μg/100 cm2 shall be disposed of in
accordance
with
paragraph
(a)(5)(i)(B)(2)(iii) of this section. Metal

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§ 761.61

surfaces may be thermally decontaminated
in
accordance
with
§ 761.79(c)(6)(ii).
(C) For use, non-porous surfaces shall
be decontaminated on-site or off-site to
the standards specified in § 761.79(b)(3)
or in accordance with § 761.79(c).
(iii) Porous surfaces. Porous surfaces
shall be disposed on-site or off-site as
bulk PCB remediation waste according
to paragraph (a)(5)(i) of this section or
decontaminated for use according to
§ 761.79(b)(4), as applicable.
(iv) Liquids. Any person disposing of
liquid PCB remediation waste shall either:
(A) Decontaminate the waste to the
levels specified in § 761.79(b)(1) or (b)(2).
(B) Dispose of the waste in accordance with paragraph (b) of this section
or an approval issued under paragraph
(c) of this section.
(v) Cleanup wastes. Any person generating the following wastes during and
from the cleanup of PCB remediation
waste shall dispose of or reuse them
using one of the following methods:
(A) Non-liquid cleaning materials
and personal protective equipment
waste at any concentration, including
non-porous surfaces and other non-liquid materials such as rags, gloves, booties, other disposable personal protective equipment, and similar materials
resulting from cleanup activities shall
be either decontaminated in accordance with § 761.79(b) or (c), or disposed
of in one of the following facilities,
without regard to the requirements of
subparts J and K of this part:
(1) A facility permitted, licensed, or
registered by a State to manage municipal solid waste subject to part 258 of
this chapter.
(2) A facility permitted, licensed, or
registered by a State to manage nonmunicipal non-hazardous waste subject
to §§ 257.5 through 257.30 of this chapter,
as applicable.
(3) A hazardous waste landfill permitted by EPA under section 3004 of
RCRA, or by a State authorized under
section 3006 of RCRA.
(4) A PCB disposal facility approved
under this part.
(B) Cleaning solvents, abrasives, and
equipment may be reused after decontamination in accordance with § 761.79.

(6) Cleanup verification—(i) Sampling
and analysis. Any person collecting and
analyzing samples to verify the cleanup and on-site disposal of bulk PCB remediation wastes and porous surfaces
must do so in accordance with subpart
O of this part. Any person collecting
and analyzing samples from non-porous
surfaces must do so in accordance with
subpart P of this part. Any person collecting and analyzing samples from liquids must do so in accordance with
§ 761.269. Any person conducting interim sampling during PCB remediation waste cleanup to determine when
to sample to verify that cleanup is
complete, may use PCB field screening
tests.
(ii) Verification. (A) Where sample
analysis results in a measurement of
PCBs less than or equal to the levels
specified in paragraph (a)(4) of this section, self-implementing cleanup is
complete.
(B) Where sample analysis results in
a measurement of PCBs greater than
the levels specified in paragraph (a)(4)
of this section, self-implementing
cleanup of the sampled PCB remediation waste is not complete. The owner
or operator of the site must either dispose of the sampled PCB remediation
waste, or reclean the waste represented
by the sample and reinitiate sampling
and analysis in accordance with paragraph (a)(6)(i) of this section.
(7) Cap requirements. A cap means,
when referring to on-site cleanup and
disposal of PCB remediation waste, a
uniform placement of concrete, asphalt, or similar material of minimum
thickness spread over the area where
remediation waste was removed or left
in place in order to prevent or minimize human exposure, infiltration of
water, and erosion. Any person designing and constructing a cap must do so
in accordance with § 264.310(a) of this
chapter, and ensure that it complies
with the permeability, sieve, liquid
limit, and plasticity index parameters
in § 761.75(b)(1)(ii) through (b)(1)(v). A
cap of compacted soil shall have a minimum thickness of 25 cm (10 inches). A
concrete or asphalt cap shall have a
minimum thickness of 15 cm (6 inches).
A cap must be of sufficient strength to
maintain its effectiveness and integrity during the use of the cap surface

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§ 761.61

40 CFR Ch. I (7–1–18 Edition)

which is exposed to the environment. A
cap shall not be contaminated at a
level ≥1 ppm PCB per Aroclor TM (or
equivalent) or per congener. Repairs
shall begin within 72 hours of discovery
for any breaches which would impair
the integrity of the cap.
(8) Deed restrictions for caps, fences
and low occupancy areas. When a cleanup activity conducted under this section includes the use of a fence or a
cap, the owner of the site must maintain the fence or cap, in perpetuity. In
addition, whenever a cap, or the procedures and requirements for a low occupancy area, is used, the owner of the
site must meet the following conditions:
(i) Within 60 days of completion of a
cleanup activity under this section, the
owner of the property shall:
(A) Record, in accordance with State
law, a notation on the deed to the property, or on some other instrument
which is normally examined during a
title search, that will in perpetuity notify any potential purchaser of the
property:
(1) That the land has been used for
PCB remediation waste disposal and is
restricted to use as a low occupancy
area as defined in § 761.3.
(2) Of the existence of the fence or
cap and the requirement to maintain
the fence or cap.
(3) The applicable cleanup levels left
at the site, inside the fence, and/or
under the cap.
(B) Submit a certification, signed by
the owner, that he/she has recorded the
notation
specified
in
paragraph
(a)(8)(i)(A) of this section to the EPA
Regional Administrator.
(ii) The owner of a site being cleaned
up under this section may remove a
fence or cap after conducting additional cleanup activities and achieving
cleanup levels, specified in paragraph
(a)(4) of this section, which do not require a cap or fence. The owner may remove the notice on the deed no earlier
than 30 days after achieving the cleanup levels specified in this section which
do not require a fence or cap.
(9) Recordkeeping. For paragraphs
(a)(3), (a)(4), and (a)(5) of this section,
recordkeeping is required in accordance with § 761.125(c)(5).

(b) Performance-based disposal. (1) Any
person disposing of liquid PCB remediation waste shall do so according to
§ 761.60(a) or (e), or decontaminate it in
accordance with § 761.79.
(2) Any person disposing of non-liquid
PCB remediation waste shall do so by
one of the following methods:
(i) Dispose of it in a high temperature
incinerator
approved
under
§ 761.70(b), an alternate disposal method
approved under § 761.60(e), a chemical
waste landfill approved under § 761.75,
or in a facility with a coordinated approval issued under § 761.77.
(ii) Decontaminate it in accordance
with § 761.79.
(3) Any person may manage or dispose of material containing <50 ppm
PCBs that has been dredged or excavated from waters of the United States:
(i) In accordance with a permit that
has been issued under section 404 of the
Clean Water Act, or the equivalent of
such a permit as provided for in regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
(ii) In accordance with a permit
issued by the U.S. Army Corps of Engineers under section 103 of the Marine
Protection, Research, and Sanctuaries
Act, or the equivalent of such a permit
as provided for in regulations of the
U.S. Army Corps of Engineers at 33
CFR part 320.
(c) Risk-based disposal approval. (1)
Any person wishing to sample, cleanup,
or dispose of PCB remediation waste in
a manner other than prescribed in
paragraphs (a) or (b) of this section, or
store PCB remediation waste in a manner other than prescribed in § 761.65,
must apply in writing to the Regional
Administrator in the Region where the
sampling, cleanup, disposal, or storage
site is located, for sampling, cleanup,
disposal, or storage occurring in a single EPA Region; or to the Director, Office of Resource Conservation and Recovery, for sampling, cleanup, disposal,
or storage occurring in more than one
EPA Region. Each application must include information described in the notification required by paragraph (a)(3)
of this section. EPA may request other
information that it believes necessary
to evaluate the application. No person
may conduct cleanup activities under

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§ 761.62

this paragraph prior to obtaining written approval by EPA.
(2) EPA will issue a written decision
on each application for a risk-based
method for PCB remediation wastes.
EPA will approve such an application if
it finds that the method will not pose
an unreasonable risk of injury to
health or the environment.

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[63 FR 35448, June 29, 1998, as amended at 64
FR 33761, June 24, 1999; 72 FR 57239, Oct. 9,
2007; 74 FR 30232, June 25, 2009]

§ 761.62 Disposal of PCB bulk product
waste.
PCB bulk product waste shall be disposed of in accordance with paragraph
(a), (b), or (c) of this section. Under
some of these provisions, it may not be
necessary to determine the PCB concentration or leaching characteristics
of the PCB bulk product waste. When it
is necessary to analyze the waste to
make either of these determinations,
use the applicable procedures in subpart R of this part to sample the waste
for analysis, unless EPA approves another sampling plan under paragraph
(c) of this section.
(a) Performance-based disposal. Any
person disposing of PCB bulk product
waste may do so as follows:
(1) In an incinerator approved under
§ 761.70.
(2) In a chemical waste landfill approved under § 761.75.
(3) In a hazardous waste landfill permitted by EPA under section 3004 of
RCRA, or by a State authorized under
section 3006 of RCRA.
(4) Under an alternate disposal approval under § 761.60(e).
(5) In accordance with the decontamination provisions of § 761.79.
(6) For metal surfaces in contact
with PCBs, in accordance with the
thermal decontamination provisions of
§ 761.79(c)(6).
(7) In accordance with a TSCA PCB
Coordinated Approval issued under
§ 761.77.
(b) Disposal in solid waste landfills. (1)
Any person may dispose of the following PCB bulk product waste in a facility permitted, licensed, or registered
by a State as a municipal or non-municipal non-hazardous waste landfill:
(i) Plastics (such as plastic insulation
from wire or cable; radio, television

and computer casings; vehicle parts; or
furniture laminates); preformed or
molded rubber parts and components;
applied dried paints, varnishes, waxes
or other similar coatings or sealants;
caulking; Galbestos; non-liquid building demolition debris; or non-liquid
PCB bulk product waste from the
shredding of automobiles or household
appliances from which PCB small capacitors have been removed (shredder
fluff).
(ii) Other PCB bulk product waste,
sampled in accordance with the protocols set out in subpart R of this part,
that leaches PCBs at <10 μg/L of water
measured using a procedure used to
simulate leachate generation.
(2) Any person may dispose of PCB
bulk product waste other than those
materials meeting the conditions of
paragraph (b)(1) of this section, (e.g.,
paper or felt gaskets contaminated by
liquid PCBs in a facility that is permitted, licensed, or registered by a
State to manage municipal solid waste
subject to part 258 of this chapter or
non-municipal non-hazardous waste
subject to §§ 257.5 through 257.30 of this
chapter, as applicable, if:
(i) The PCB bulk product waste is
segregated from organic liquids disposed of in the landfill unit.
(ii) Leachate is collected from the
landfill unit and monitored for PCBs.
(3) Any release of PCBs (including
but not limited to leachate) from the
landfill unit shall be cleaned up in accordance with § 761.61.
(4)(i) Any person disposing off-site of
PCB bulk product waste regulated
under paragraph (b)(1) of this section
at a waste management facility not
having a commercial PCB storage or
disposal approval must provide written
notice to the facility a minimum of 15
days in advance of the first shipment
from the same disposal waste stream.
The notice shall state that the PCB
bulk product waste may include components containing PCBs at ≥50 ppm
based on analysis of the waste in the
shipment or application of a general
knowledge of the waste stream (or
similar material) which is known to
contain PCBs at those levels, and that
the PCB bulk product waste is known
or presumed to leach <10 μg/L PCBs.

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§ 761.63

40 CFR Ch. I (7–1–18 Edition)

(ii) Any person disposing off-site of
PCB bulk product waste regulated
under paragraph (b)(2) of this section
at a waste management facility not
having a commercial PCB storage or
disposal approval must provide written
notice to the facility a minimum of 15
days in advance of the first shipment
from the same disposal waste stream
and with each shipment thereafter. The
notice shall state that the PCB bulk
product waste may include components
containing PCBs at ≥50 ppm based on
analysis of the waste in the shipment
or application of a general knowledge
of the waste stream (or similar material) which is known to contain PCBs
at those levels, and that the PCB bulk
product waste is known or presumed to
leach ≥10 μg/L PCBs.
(5) Any person disposing of PCB bulk
product waste must maintain a written
record of all sampling and analysis of
PCBs or notifications made under this
paragraph for 3 years from the date of
the waste’s generation. The records
must be made available to EPA upon
request.
(6) Requirements in subparts C, J,
and K of this part do not apply to
waste disposed of under paragraph (b)
of this section.
(c) Risk-based disposal approval. (1)
Any person wishing to sample or dispose of PCB bulk product waste in a
manner other than prescribed in paragraphs (a) or (b) of this section, or
store PCB bulk product waste in a
manner other than prescribed in
§ 761.65, must apply in writing to the
Regional Administrator in the Region
where the sampling, disposal, or storage site is located, for sampling, disposal, or storage occurring in a single
EPA Region; or to the Director, Office
of Resource Conservation and Recovery, for sampling, disposal, or storage
occurring in more than one EPA Region. Each application must contain
information indicating that, based on
technical, environmental, or waste-specific characteristics or considerations,
the proposed sampling, disposal, or
storage methods or locations will not
pose an unreasonable risk or injury to
health or the environment. EPA may
request other information that it believes necessary to evaluate the application. No person may conduct sam-

pling, disposal, or storage activities
under this paragraph prior to obtaining
written approval by EPA.
(2) EPA will issue a written decision
on each application for a risk-based
sampling, disposal, or storage method
for PCB bulk product wastes. EPA will
approve such an application if it finds
that the method will not pose an unreasonable risk of injury to health or
the environment.
(d) Disposal as daily landfill cover or
roadbed. Bulk product waste described
in paragraph (b)(1) of this section may
be disposed of:
(1) As daily landfill cover as long as
the daily cover remains in the landfill
and is not released or dispersed by wind
or other action; or
(2) Under asphalt as part of a road
bed.
[63 FR 35451, June 29, 1998, as amended at 64
FR 33761, June 24, 1999; 72 FR 57239, Oct. 9,
2007; 74 FR 30232, June 25, 2009]

§ 761.63 PCB household waste storage
and disposal.
PCB household waste, as defined at
§ 761.3, managed in a facility permitted,
licensed, or registered by a State to
manage municipal or industrial solid
waste, or in a facility with an approval
to dispose of PCB bulk product waste
under § 761.62(c), is not subject to any
other requirements of part 761 of this
chapter. PCB household waste stored in
a unit regulated for storage of PCB
waste must not be commingled with
PCB waste.
[63 FR 35452, June 29, 1998]

§ 761.64 Disposal of wastes generated
as a result of research and development activities authorized under
§ 761.30(j) and chemical analysis of
PCBs.
This section provides disposal requirements for wastes generated during
and as a result of research and development authorized under § 761.30(j). This
section also provides disposal requirements for wastes generated during the
chemical analysis of samples containing PCBs under part 761, including
§§ 761.30, 761.60, 761.61, 761.62, and 761.79.
For determining the presence of PCBs
in samples, chemical analysis includes:
sample preparation, sample extraction,
extract cleanup, extract concentration,

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§ 761.65

addition of PCB standards, and instrumental analysis.
(a) Portions of samples of a size designated in a chemical extraction and
analysis method for PCBs and extracted for purposes of determining the
presence of PCBs or concentration of
PCBs are unregulated for PCB disposal
under this part.
(b) All other wastes generated during
these activities are regulated for disposal based on their concentration at
the time of disposal as follows:
(1) Liquid wastes, including rinse solvents, must be disposed of according to
§ 761.61(a)(5)(iv).
(2) Non-liquid wastes must be disposed of in the same manner as non-liquid cleaning materials and personal
protective equipment waste according
to § 761.61(a)(5)(v)(A).

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[63 FR 35452, June 29, 1998]

§ 761.65 Storage for disposal.
This section applies to the storage
for disposal of PCBs at concentrations
of 50 ppm or greater and PCB Items
with PCB concentrations of 50 ppm or
greater.
(a)(1) Storage limitations. Any PCB
waste shall be disposed of as required
by subpart D of this part within 1-year
from the date it was determined to be
PCB waste and the decision was made
to dispose of it. This date is the date of
removal from service for disposal and
the point at which the 1-year time
frame for disposal begins. PCB/radioactive waste removed from service for
disposal is exempt from the 1-year time
limit provided that the provisions at
paragraphs (a)(2)(ii) and (a)(2)(iii) of
this section are followed and the waste
is managed in accordance with all
other applicable Federal, State, and
local laws and regulations for the management of radioactive material.
(2) One-year extension. Any person
storing PCB waste that is subject to
the 1-year time limit for storage and
disposal in paragraph (a)(1) of this section may provide written notification
to the EPA Regional Administrator for
the Region in which the PCB waste is
stored that their continuing attempts
to dispose of or secure disposal for
their waste within the 1-year time
limit have been unsuccessful. Upon receipt of the notice by the EPA Re-

gional Administrator, the time for disposal is automatically extended for 1
additional year (2 years total) if the
following conditions are met:
(i) The notification is received by the
EPA Regional Administrator at least
30 days before the initial 1-year time
limit expires and the notice identifies
the storer, the types, volumes, and locations of the waste and the reasons
for failure to meet the initial 1-year
time limit.
(ii) A written record documenting all
continuing attempts to secure disposal
is maintained until the waste is disposed of.
(iii) The written record required by
paragraph (a)(2)(ii) of this section is
available for inspection or submission
if requested by EPA.
(iv) Continuing attempts to secure
disposal were initiated within 270 days
after the time the waste was first subject to the 1-year time limit requirement, as specified in paragraph (a)(1) of
this section. Failure to initiate and
continue attempts to secure disposal
throughout the total time the waste is
in storage shall automatically disqualify the notifier from receiving an
automatic extension under this section.
(3) Additional extensions. Upon written
request, the EPA Regional Administrator for the Region in which the
wastes are stored or the appropriate official at EPA Headquarters, may grant
additional extensions beyond the 1year extension authorized in paragraph
(a)(2) of this section. At the time of the
request, the requestor must supply specific justification for the additional extension and indicate what measures
the requestor is taking to secure disposal of the waste or indicate why disposal could not be conducted during
the period of the prior extension. The
EPA Regional Administrator or the appropriate official at EPA Headquarters
may require, as a condition to granting
any extension under this section, specific actions including, but not limited
to, marking, inspection, recordkeeping,
or financial assurance to ensure that
the waste does not pose an unreasonable risk of injury to health or the environment.

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§ 761.65

40 CFR Ch. I (7–1–18 Edition)

(4) Storage at an approved facility. Increased time for storage may be granted as a condition of any TSCA PCB
storage or disposal approval, by the
EPA Regional Administrator for the
Region in which the PCBs or PCB
Items are to be stored or disposed of, or
by the appropriate official at EPA
Headquarters, if EPA determines that
there is a demonstrated need or justification for additional time, that the
owner or operator of the facility is pursuing relevant treatment or disposal
options, and that no unreasonable risk
of injury to health or the environment
will result from the increased storage
time. In making this determination,
EPA will consider such factors as absence of any approved treatment technology and insufficient time to complete the treatment or destruction
process. EPA may require as a condition of the approval that the owner or
operator submit periodic progress reports.
(b) Except as provided in paragraphs
(b)(2), (c)(1), (c)(7), (c)(9), and (c)(10) of
this section, after July 1, 1978, owners
or operators of any facilities used for
the storage of PCBs and PCB Items
designated for disposal shall comply
with the following storage unit requirements:
(1) The facilities shall meet the following criteria:
(i) Adequate roof and walls to prevent rain water from reaching the
stored PCBs and PCB Items;
(ii) An adequate floor that has continuous curbing with a minimum 6 inch
high curb. The floor and curbing must
provide a containment volume equal to
at least two times the internal volume
of the largest PCB Article or PCB Container or 25 percent of the total internal volume of all PCB Articles or PCB
Containers stored there, whichever is
greater. PCB/radioactive wastes are
not required to be stored in an area
with a minimum 6 inch high curbing.
However, the floor and curbing must
still provide a containment volume
equal to at least two times the internal
volume of the largest PCB Container or
25 percent of the total internal volume
of all PCB Containers stored there,
whichever is greater.
(iii) No drain valves, floor drains, expansion joints, sewer lines, or other

openings that would permit liquids to
flow from the curbed area;
(iv) Floors and curbing constructed
of Portland cement, concrete, or a continuous, smooth, non-porous surface as
defined at § 761.3, which prevents or
minimizes penetration of PCBs.
(v) Not located at a site that is below
the 100-year flood water elevation.
(2) No person may store PCBs and
PCB Items designated for disposal in a
storage unit other than one approved
pursuant to paragraph (d) of this section or meeting the design requirements of paragraph (b) of this section,
unless the unit meets one of the following conditions:
(i) Is permitted by EPA under section
3004 of RCRA to manage hazardous
waste in containers, and spills of PCBs
are cleaned up in accordance with subpart G of this part.
(ii) Qualifies for interim status under
section 3005 of RCRA to manage hazardous waste in containers, meets the
requirements
for
containment
at
§ 264.175 of this chapter, and spills of
PCBs are cleaned up in accordance
with subpart G of this part.
(iii) Is permitted by a State authorized under section 3006 of RCRA to
manage hazardous waste in containers,
and spills of PCBs are cleaned up in accordance with subpart G of this part.
(iv) Is approved or otherwise regulated pursuant to a State PCB waste
management program no less stringent
in protection of health or the environment than the applicable TSCA requirements found in this part.
(v) Is subject to a TSCA Coordinated
Approval, which includes provisions for
storage of PCBs, issued pursuant to
§ 761.77.
(vi) Has a TSCA PCB waste management approval, which includes provisions for storage, issued pursuant to
§ 761.61(c) or § 761.62(c).
(c)(1) The following PCB Items may
be stored temporarily in an area that
does not comply with the requirements
of paragraph (b) of this section for up
to thirty days from the date of their
removal from service, provided that a
notation is attached to the PCB Item
or a PCB Container (containing the
item) indicating the date the item was
removed from service:

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Environmental Protection Agency

§ 761.65

(i) Non-leaking PCB Articles and
PCB Equipment;
(ii) Leaking PCB Articles and PCB
Equipment if the PCB Items are placed
in a non-leaking PCB Container that
contains sufficient sorbent materials
to absorb any liquid PCBs remaining in
the PCB Items;
(iii) PCB Containers containing nonliquid PCBs such as contaminated soil,
rags, and debris; and
(iv) PCB containers containing liquid
PCBs at concentrations of ≥50 ppm,
provided a Spill Prevention, Control
and Countermeasure Plan has been prepared for the temporary storage area in
accordance with part 112 of this chapter and the liquid PCB waste is in
packaging authorized in the DOT Hazardous Materials Regulations at 49
CFR parts 171 through 180 or stationary
bulk storage tanks (including rolling
stock such as, but not limited to, tanker trucks, as specified by DOT).
(2) Non-leaking and structurally
undamaged PCB Large High Voltage
Capacitors
and
PCB-Contaminated
Electrical Equipment that have not
been drained of free flowing dielectric
fluid may be stored on pallets next to
a storage facility that meets the requirements of paragraph (b) of this section.
PCB-Contaminated
Electrical
Equipment that has been drained of
free flowing dielectric fluid is not subject to the storage provisions of § 761.65.
Storage under this subparagraph will
be permitted only when the storage facility has immediately available unfilled storage space equal to 10 percent
of the volume of capacitors and equipment stored outside the facility. The
capacitors and equipment temporarily
stored outside the facility shall be
checked for leaks weekly.
(3) Any storage area subject to the
requirements of paragraph (b) or paragraph (c)(1) of this section shall be
marked as required in subpart C
§ 761.40(a)(10).
(4) No item of movable equipment
that is used for handling PCBs and PCB
Items in the storage units and that
comes in direct contact with PCBs
shall be removed from the storage unit
area unless it has been decontaminated
as specified in § 761.79.
(5) All PCB Items in storage shall be
checked for leaks at least once every 30

days. Any leaking PCB Items and their
contents shall be transferred immediately to properly marked non-leaking containers. Any spilled or leaked
materials shall be immediately cleaned
up and the materials and residues containing PCBs shall be disposed of in accordance with § 761.61. Records of inspections, maintenance, cleanup and
disposal must be maintained in accordance with § 761.180(a) and (b).
(6) Except as provided in paragraphs
(c)(6)(i) and (c)(6)(ii) of this section,
any container used for the storage of
liquid or non-liquid PCB waste shall be
in accordance with the requirements
set forth in the DOT Hazardous Materials Regulations (HMR) at 49 CFR
parts 171 through 180. PCB waste not
subject to the HMR (i.e., PCB wastes at
concentrations of <20 ppm or <1 pound
of PCBs regardless of concentration)
must be packaged in accordance with
Packaging Group III, unless other hazards associated with the PCB waste
cause it to require packaging in accordance with Packaging Groups I or
II. For purposes of describing PCB
waste not subject to DOT’s HMR on a
manifest, one may use the term ‘‘NonDOT Regulated PCBs.’’
(i) Containers other than those meeting HMR performance standards may
be used for storage of PCB/radioactive
waste provided the following requirements are met:
(A) Containers used for storage of liquid PCB/radioactive wastes must be
non-leaking.
(B) Containers used for storage of
non-liquid PCB/ radioactive wastes
must be designed to prevent the buildup of liquids if such containers are
stored in an area meeting the containment
requirements
of
paragraph
(b)(1)(ii) of this section, as well as all
other applicable State or Federal regulations or requirements for control of
radioactive materials.
(C) Containers used to store both liquid and non-liquid PCB/radioactive
wastes must meet all regulations and
requirements pertaining to nuclear
criticality safety. Acceptable container
materials currently include polyethylene and stainless steel provided
that the container material is chemically compatible with the wastes being
stored. Other containers may be used

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§ 761.65

40 CFR Ch. I (7–1–18 Edition)

to store both liquid and non-liquid
PCB/radioactive wastes if the users are
able to demonstrate, to the appropriate
Regional Administrator and other appropriate regulatory authorities (i.e.,
Nuclear Regulatory Commission, Department of Energy or the Department
of Transportation), that the use of such
containers is protective of health and
the environment as well as public
health and safety.
(ii) The following DOT specification
containers that conform to the requirements of 49 CFR, chapter I, subchapter
C in effect on September 30, 1991, may
be used for storage and transportation
activities that are not subject to DOT
regulation, and may be used on a transitional basis as permitted at 49 CFR
171.14. For liquid PCBs: Specification 5
container without removable head,
Specification 5B container without removable head, Specification 6D overpack with Specification 2S or 2SL polyethylene containers, or Specification
17E container. For non-liquid PCBs:
Specification 5 container, Specification
5B container, or Specification 17C container.
(7) Stationary storage containers for
liquid PCBs can be larger than the containers specified in paragraph (c)(6) of
this section provided that:
(i) The containers are designed, constructed, and operated in compliance
with Occupational Safety and Health
Standards, 29 CFR 1910.106, Flammable
and combustible liquids. Before using
these containers for storing PCBs, the
design of the containers must be reviewed to determine the effect on the
structural safety of the containers that
will result from placing liquids with
the specific gravity of PCBs into the
containers
(see
29
CFR
1910.106(b)(1)(i)(f)).
(ii) The owners or operators of any
facility using containers described in
paragraph (c)(7)(i) of this section, shall
prepare and implement a Spill Prevention Control and Countermeasure
(SPCC) Plan as described in part 112 of
this title. In complying with 40 CFR
part 112, the owner or operator shall
read ‘‘oil(s)’’ as ‘‘PCB(s)’’ whenever it
appears. The exemptions for storage
capacity, 40 CFR 112.1(d)(2), and the
amendment of SPCC plans by the Regional Administrator, 40 CFR 112.4,

shall not apply unless some fraction of
the liquids stored in the container are
oils as defined by section 311 of the
Clean Water Act.
(8) PCB Items shall be dated on the
item when they are removed from service for disposal. The storage shall be
managed so that the PCB Items can be
located by this date. Storage containers provided in paragraph (c)(7) of
this section, shall have a record that
includes for each batch of PCBs the
quantity of the batch and date the
batch was added to the container. The
record shall also include the date,
quantity, and disposition of any batch
of PCBs removed from the container.
(9) Bulk PCB remediation waste or
PCB bulk product waste may be stored
at the clean-up site or site of generation for 180 days subject to the following conditions:
(i) The waste is placed in a pile designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting.
(ii) The waste must not generate
leachate through decomposition or
other reactions.
(iii) The storage site must have:
(A) A liner that is designed, constructed, and installed to prevent any
migration of wastes off or through the
liner into the adjacent subsurface soil,
ground water or surface water at any
time during the active life (including
the closure period) of the storage site.
The liner may be constructed of materials that may allow waste to migrate
into the liner. The liner must be:
(1) Constructed of materials that
have appropriate chemical properties
and sufficient strength and thickness
to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to
which they are exposed, climatic conditions, the stress of installation, and
the stress of daily operation.
(2) Placed upon a foundation or base
capable of providing support to the
liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift.
(3) Installed to cover all surrounding
earth likely to be in contact with the
waste.

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Environmental Protection Agency

§ 761.65

(B) A cover that meets the requirements of paragraph (c)(9)(iii)(A) of this
section, is installed to cover all of the
stored waste likely to be contacted
with precipitation, and is secured so as
not to be functionally disabled by
winds expected under normal seasonal
meteorological conditions at the storage site.
(C) A run-on control system designed,
constructed, operated, and maintained
such that:
(1) It prevents flow onto the stored
waste during peak discharge from at
least a 25-year storm.
(2) It collects and controls at least
the water volume resulting from a 24hour, 25-year storm. Collection and
holding facilities (e.g., tanks or basins)
must be emptied or otherwise managed
expeditiously after storms to maintain
design capacity of the system.
(iv) The provisions of this paragraph
may be modified under § 761.61(c).
(10) Owners or operators of storage
facilities shall establish and maintain
records as provided in § 761.180.
(d) Approval of commercial storers of
PCB waste. (1) All commercial storers
of PCB waste shall have interim approval to operate commercial facilities
for the storage of PCB waste until August 2, 1990. Commercial storers of PCB
waste are prohibited from storing any
PCB waste at their facilities after August 2, 1990 unless they have submitted
by August 2, 1990 a complete application for a final storage approval under
paragraph (d)(2) of this section. The period of interim approval shall continue
until EPA makes a final decision on
the storage application at which time
such interim approval shall terminate.
(2) The Regional Administrator for
the region in which the storage facility
is located (or the appropriate official
at EPA Headquarters, if the commercial storage area is ancillary to a disposal facility for which an official at
EPA Headquarters has approval authority)shall grant written, final approval to engage in the commercial
storage of PCB waste upon a determination that the criteria in paragraph
(d)(2)(i) through (d)(2)(vii) of this section have been met by the applicant:
(i) The applicant, its principals, and
its key employees responsible for the
establishment or operation of the com-

mercial storage facility are qualified to
engage in the business of commercial
storage of PCB waste.
(ii) The facility possesses the capacity to handle the quantity of PCB
waste which the owner or operator of
the facility has estimated will be the
maximum quantity of PCB waste that
will be handled at any one time at the
facility.
(iii) The owner or operator of the
unit has certified compliance with the
storage facility standards in paragraphs (b) and (c)(7) of this section.
(iv) The owner or operator has developed a written closure plan for the facility that is deemed acceptable by the
Regional Administrator (or the appropriate official at EPA Headquarters, if
the commercial storage area is ancillary to a disposal facility permitted by
an official at EPA Headquarters) under
the closure plan standards of paragraph
(e) of this section.
(v) The owner or operator has included in the application for final approval a demonstration of financial responsibility for closure that meets the
financial responsibility standards of
paragraph (g) of this section.
(vi) The operation of the storage facility will not pose an unreasonable
risk of injury to health or the environment.
(vii) The environmental compliance
history of the applicant, its principals,
and its key employees may be deemed
to constitute a sufficient basis for denial of approval whenever in the judgment of the appropriate EPA official
that history of environmental civil violations or criminal convictions evidences a pattern or practice of noncompliance that demonstrates the applicant’s unwillingness or inability to
achieve and maintain compliance with
the regulations.
(3) Applicants for storage approvals
shall submit a written application that
includes any relevant information
bearing upon the qualifications of the
facility’s principals and key employees
to engage in the business of commercial storage of PCB wastes. This information shall include, but is not limited
to:

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§ 761.65

40 CFR Ch. I (7–1–18 Edition)

(i) The identification of the owner
and the operator of the facility, including all general partners of a partnership, any limited partner of a partnership, any stockholder of a corporation
or any participant in any other type of
business organization or entity who
owns or controls, directly or indirectly,
more than 5 percent of each partnership, corporation, or other business organization and all officials of the facility who have direct management responsibility for the facility.
(ii) The identification of the person
responsible for the overall operations
of the facility (i.e., a plant manager,
superintendent, or a person of similar
responsibility) and the supervisory employees who are or will be responsible
for the operation of the facility.
(iii) Information concerning the technical qualifications and experience of
the persons responsible for the overall
operation of the facility and the employees responsible for handling PCB
waste or other wastes.
(iv) Information concerning any past
State or Federal environmental violations involving the same business or
another business with which the principals or supervisory employees were
affiliated directly that occurred within
5 years preceding the date of submission and which relate directly to violations that resulted in either a civil
penalty (irrespective of whether the
matter was disposed of by an adjudication or by a without prejudice settlement) or judgment of conviction
whether entered after trial or a plea,
either of guilt or nolo contendere or
civil injunctive relief and involved
storage, disposal, transport, or other
waste handling activities.
(v) A list of all companies currently
owned or operated in the past by the
principals or key employees identified
in paragraphs (d)(3)(i) and (d)(3)(ii) of
this section that are or were directly
or indirectly involved with waste handling activities.
(vi) The owner’s or operator’s estimate of maximum PCB waste quantity
to be handled at the facility.
(vii) A written statement certifying
compliance with paragraph (b) or (c) of
this section and containing a certification as defined in § 761.3.

(viii) A written closure plan for the
facility, as described in paragraph (e)
of this section.
(ix) The current closure cost estimate for the facility, as described in
paragraph (f) of this section.
(x) A demonstration of financial responsibility to close the facility, as described in paragraph (g) of this section.
(4) The written approval issued by
EPA shall include, but not be limited
to, the following:
(i) The determination that the applicant has satisfied the requirements set
forth in paragraph (d)(2) of this section,
and a brief statement setting forth the
basis for the determination.
(ii) Incorporation of the closure plan
submitted by the facility owner or operator and approved by EPA.
(iii) A condition imposing a maximum PCB storage capacity which the
facility shall not exceed during its PCB
waste storage operations. The maximum storage capacity imposed under
this condition shall not be greater than
the estimated maximum inventory of
PCB waste included in the owner’s or
operator’s application for final approval.
(iv) Such other conditions as deemed
necessary by EPA to ensure that the
operations of the PCB storage facility
will not pose an unreasonable risk of
injury to health or the environment.
(5) Storage areas at transfer facilities
are exempt from the requirement to
obtain approval as a commercial storer
of PCB waste under this paragraph, unless the same PCB waste is stored at
these facilities for a period of time
greater than 10 consecutive days between destinations.
(6) Storage areas at RCRA-permitted
facilities may be exempt from the separate TSCA storage approval requirements in this paragraph (d) upon a
showing to the Regional Administrator’s satisfaction that the facility’s existing RCRA closure plan is substantially equivalent to this rule’s closure
plan standards, and that such facility’s
closure cost estimate and financial assurance demonstration account for
maximum PCB waste inventories, and
the requirements of paragraph (d)(3)(i)
through (d)(3)(v) and (d)(3)(vii) of this
section are met. A pay-in period of
longer than 3 years after approval of

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Environmental Protection Agency

§ 761.65

the storage facility pursuant to this
rule, will be acceptable to EPA if that
pay-in period has already been established for a valid RCRA facility or previously approved TSCA facility.
(7) Storage areas ancillary to TSCAapproved disposal facilities may be exempt from a separate facility approval
provided all of the following conditions
are met:
(i) The current disposal approval contains an expiration date.
(ii) The current disposal approval’s
closure and financial responsibility
conditions specifically extend to storage areas ancillary to disposal.
(iii) The current disposal approval’s
closure and financial responsibility
conditions provide for annual adjustments for inflation, and for modification when changes in operation would
affect closure costs.
(iv) The current disposal approval
contains conditions on closure and financial responsibility that are at least
as stringent as those in paragraphs (e)
and (g) of this section. However, the
provision for a 3-year closure trust
pay-in period, as specified in paragraph
(g)(1)(i) of this section, would be
waived in a case in which an approved
TSCA facility or RCRA facility that
covers PCB storage has a longer pay-in
period for the trust.
(v) The current disposal approval satisfies the requirements of paragraph
(d)(3)(i) through (d)(3)(v) of this section.
(8) The approval of any existing
TSCA-approved disposal facility ancillary to a commercial storage facility
that is deficient in any of the conditions of paragraph (d)(7)(i) through
(d)(7)(v) of this section shall be called
in by the Regional Administrator (or
the appropriated official at EPA Headquarters, if approval was granted by an
official at EPA Headquarters). The approval shall be modified to meet the requirements of paragraph (d)(7) of this
section within 180 days of the effective
date of this final rule, or a separate application for approval of the storage facility may be submitted to the Regional Administrator or the Director,
Office of Resource Conservation and
Recovery, in the cases where an official
at EPA Headquarters issued the approval.

(e) Closure. (1) A commercial storer of
PCB waste shall have a written closure
plan that identifies the steps that the
owner or operator of the facility shall
take to close the PCB waste storage facility in a manner that eliminates the
potential for post-closure releases of
PCBs which may present an unreasonable risk to human health or the environment. An acceptable closure plan
must include, at a minimum, all of the
following:
(i) A description of how the PCB storage areas of the facility will be closed
in a manner that eliminates the potential for post-closure releases of PCBs
into the environment.
(ii) An identification of the maximum extent of storage operations that
will be open during the active life of
the facility, including an identification
of the extent of PCB storage operations
at the facility relative to other wastes
that will be handled at the facility.
(iii) An estimate of the maximum inventory of PCB wastes that could be
handled at one time at the facility over
its active life, and a detailed description of the methods or arrangements to
be used during closure for removing,
transporting, storing, or disposing of
the facility’s inventory of PCB waste,
including an identification of any offsite facilities that will be used.
(iv) A detailed description of the
steps needed to remove or decontaminate PCB waste residues and contaminated containment system components, equipment, structures, and soils
during closure in accordance with the
levels specified in the PCB Spills
Cleanup Policy in subpart G of this
part, including a description of the
methods for sampling and testing of
surrounding soils, and the criteria for
determining the extent of removal or
decontamination.
(v) A detailed description of other activities necessary during the closure
period to ensure that any post-closure
releases of PCBs will not present unreasonable risks to human health or
the environment. This includes activities such as ground-water monitoring,
run-on and run-off control, and facility
security.
(vi) A schedule for closure of each
area of the facility where PCB waste is
stored or handled, including the total

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§ 761.65

40 CFR Ch. I (7–1–18 Edition)

time required to close each area of PCB
waste storage or handling, and the
time required for any intervening closure activities.
(vii) An estimate of the expected
year of closure of the PCB waste storage areas, if a trust fund is opted for as
the financial mechanism.
(2) A written closure plan determined
to be acceptable by EPA under this section shall become a condition of any
approval granted under paragraph (d)
of this section.
(3) A separate and new closure plan
need not be submitted in cases where a
facility is currently covered by a TSCA
approval or a RCRA permit, upon a
showing to the satisfaction of the Regional Administrator (or the appropriate official at EPA Headquarters, if
the commercial storage area is ancillary to a disposal facility for which an
official at EPA Headquarters has approval authority) that the existing closure plan is substantially equivalent to
closure plans required under paragraphs (d) through (g) of this section,
and that the plan adequately accounts
for PCB waste inventories.
(4) The commercial storer of PCB
waste shall submit a written request to
the Regional Administrator (or the Director, Office of Resource Conservation
and Recovery, if an official at EPA
Headquarters approved the closure
plan) for a modification to its storage
approval to amend its closure plan,
whenever:
(i) Changes in ownership, operating
plans, or facility design affect the existing closure plan.
(ii) There is a change in the expected
date of closure, if applicable.
(iii) In conducting closure activities,
unexpected events require a modification of the approved closure plan.
(5) The Regional Administrator or
the Director, appropriate official at
EPA Headquarters, if an official at
EPA Headquarters approved the closure plan, may modify the existing closure plan under the conditions described in paragraph (e)(4) of this section.
(6) Commercial storers of PCB waste
shall comply with the following closure
schedule:
(i) The commercial storer shall notify in writing the Regional Adminis-

trator or the Director, Office of Resource Conservation and Recovery, if
an official at EPA Headquarters approved the closure plan, at least 60
days prior to the date on which final
closure of its PCB storage facility is
expected to begin.
(ii) The date when a commercial storer of PCB waste ‘‘expects to begin closure’’ shall be no later than 30 days
after the date on which the storage facility received its final quantities of
PCB waste. For good cause shown, EPA
may extend the date for commencement of closure for an additional 30day period.
(iii) Within 90 days after receiving
the final quantity of PCB waste for
storage, a commercial storer of PCB
waste shall remove all PCB waste in
storage at the facility from the facility
in accordance with the approved closure plan. For good cause shown, EPA
may approve a reasonable extension to
the period for removal of the PCB
waste.
(iv) A commercial storer of PCB
waste shall complete closure activities
in accordance with the approved closure plan and within 180 days after receiving the final quantity of PCB waste
for storage at the facility. For good
cause shown, EPA may approve a reasonable extension to the closure period.
(7) During the closure period, all contaminated system component equipment, structures, and soils shall be disposed of in accordance with the disposal requirements of subpart D of this
part, or, if applicable, decontaminated
in accordance with the levels specified
in the PCB Spills Cleanup Policy at
subpart G of this part. When PCB waste
is removed from the storage facility
during closure, the owner or operator
becomes a generator of PCB waste subject to the generator requirements of
subpart J of this part.
(8) Within 60 days of completion of
closure of each facility for the storage
of PCB waste, the commercial storer of
PCB waste shall submit to the Regional Administrator (or the Director,
Office of Resource Conservation and
Recovery, if an official at EPA Headquarters approved the closure plan), by
registered mail, a certification that
the PCB storage facility has been
closed in accordance with the approved

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Environmental Protection Agency

§ 761.65

closure plan. The certification shall be
signed by the owner or operator and by
an independent registered professional
engineer.
(f) Closure cost estimate. (1) A commercial storer of PCB wastes shall have a
detailed estimate, in current dollars, of
the cost of closing the facility in accordance with its approved closure
plan. The closure cost estimate shall be
in writing, be certified by the person
preparing it (using the certification defined in § 761.3) and comply with all of
the following criteria:
(i) The closure cost estimate shall
equal the cost of final closure at the
point in the PCB storage facility’s active life when the extent and manner of
PCB storage operations would make
closure the most expensive, as indicated by the facility’s closure plan.
(ii) The closure cost estimate shall be
based on the costs to the owner or operator of hiring a third party to close
the facility, and the third party shall
not be either a corporate parent or subsidiary of the owner or operator, or
member in joint ownership of the facility.
(iii) The owner or operator shall include in the estimate the current market costs for off-site commercial disposal of the facility’s maximum estimated inventory of PCB wastes, except
that on-site disposal costs may be used
if on-site disposal capacity will exist at
the facility at all times over the life of
the PCB storage facility.
(iv) The closure cost estimate may
not incorporate any salvage value that
may be realized with the sale of wastes,
facility structures or equipment, land,
or other assets associated with the facility at the time of closure.
(2) During the active life of the PCB
storage facility, the commercial storer
of PCB waste shall adjust annually for
inflation the closure cost estimate
within 60 days prior to the anniversary
date of the establishment of the financial instruments used to demonstrate
financial responsibility for closure, except that owners or operators who use
the financial test or corporate guarantee shall adjust their closure cost estimates for inflation within 30 days
after the close of the storer’s fiscal
year. The adjustment may be made by
recalculating the maximum costs of

closure in current dollars, or by using
an inflation factor derived from the
most recent Implicit Price Deflator for
Gross National Product published by
the U.S. Department of Commerce in
its Survey of Current Business. The Implicit Price Deflator for Gross National
Product is included in a monthly publication titled Economic Indicators, which
is available from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402. The inflation factor used in the latter method is
the result of dividing the latest published annual Deflator by the Deflator
for the previous year. The adjustment
to the closure cost estimate is then
made by multiplying the most recent
closure cost estimate by the latest inflation factor.
(3) Where EPA approves a modification to the facility’s closure plan, and
that modification increases the cost of
closure, the owner or operator shall revise the closure cost estimate no later
than 30 days after the modification is
approved. Any such revision shall also
be adjusted for inflation in accordance
with paragraph (f)(2) of this section.
(4) The owner or operator of the facility shall keep at the facility during its
operating life the most recent closure
cost estimate, including any adjustments resulting from inflation or from
modifications to the closure plan.
(g) Financial assurance for closure. A
commercial storer of PCB waste shall
establish financial assurance for closure of each PCB storage facility that
he owns or operates. In establishing financial assurance for closure, the commercial storer of PCB waste may
choose from the following financial assurance mechanisms or any combination of mechanisms:
(1) The ‘‘closure trust fund,’’ as specified in § 264.143(a) of this chapter, except for paragraph (a)(3) of § 264.143. For
purposes of this paragraph, the following provisions also apply:
(i) Payments into the trust fund shall
be made annually by the owner or operator over the remaining operating life
of the facility as estimated in the closure plan, or over 3 years, whichever
period is shorter. This period of time is
hereafter referred to as the ‘‘pay-in period.’’ For an existing facility, the first

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§ 761.65

40 CFR Ch. I (7–1–18 Edition)

payment must be made within 30 calendar days after EPA has notified the
facility of its conditional approval. Interim approval to operate is canceled
and the application is denied if EPA
does not receive verification that the
payment was made in that 30-day period.
(ii) For a new facility, the first payment into the closure trust fund shall
be made before EPA grants final approval of the application and before the
facility may accept the initial shipment of PCB waste for commercial
storage. A receipt from the trustee
shall be submitted by the owner or operator to the Regional Administrator
(or the Director, Office of Resource
Conservation and Recovery, if the commercial storage area is ancillary to a
disposal facility approved by an official
at EPA Headquarters) before this initial delivery of PCB waste. The first
payment shall be at least equal to the
current closure cost estimate, divided
by the number of years in the pay-in
period, except as provided in paragraph
(g)(7) of this section for multiple mechanisms. Subsequent payments shall be
made no later than 30 days after each
anniversary date of the first payment.
The amount of each subsequent payment shall be determined by subtracting the current value of the trust
fund from the current closure cost estimate, and dividing this difference by
the number of years remaining in the
pay-in period.
(iii) If an owner or operator of a facility existing on the effective date of
this paragraph establishes a trust fund
to meet the financial assurance requirements of this paragraph, and the
value of the trust fund is less than the
current closure cost estimate when a
final approval is granted for the facility, the amount of the current closure
cost estimate still to be paid into the
trust fund shall be paid in over the
pay-in period as defined in paragraph
(g)(1)(i) of this section. Payments shall
continue to be made no later than 30
days after each anniversary date of the
first payment made into the trust fund.
The amount of each payment shall be
determined by subtracting the current
value of the trust fund from the current closure cost estimate, and divid-

ing this difference by the number of
years remaining in the pay-in period.
(iv) The submission of a trust agreement with the wording specified in
§ 264.151(a)(1) of this chapter, including
any reference to hazardous waste management facilities, shall be deemed to
be in compliance with the requirement
to submit a trust agreement under this
subpart.
(2) The ‘‘surety bond guaranteeing
payment into a closure trust fund,’’ as
specified in § 264.143(b) of this chapter,
including the use of the surety bond instrument specified at § 264.151(b) of this
chapter and the standby trust specified
at § 264.143(b)(3) of this chapter. The use
of the surety bonds, surety bond instruments, and standby trust agreements
specified in §§ 264.143(b) and 264.151(b) of
this chapter shall be deemed to be in
compliance with this subpart.
(3)(i) The ‘‘surety bond guaranteeing
performance of closure,’’ as specified at
§ 264.143(c) of this chapter, except for
paragraph (c)(5) of § 264.143 of this chapter. The submission and use of the surety bond instrument specified at
§ 264.151(c) of this chapter and the
standby trust specified at § 264.143(c)(3)
of this chapter shall be deemed to be in
compliance with the requirements
under this subpart relating to the use
of surety bonds and standby trust
funds.
(ii) For the purposes of this paragraph, and under the terms of the bond,
the surety shall become liable on the
bond obligation when the owner or operator fails to perform as guaranteed
by the bond. Liability is established by
a final administrative determination
pursuant to section 16 of TSCA that
the owner or operator has failed to perform final closure in accordance with
the closure plan and other approval or
regulatory requirements when required
to do so.
(4)(i) The ‘‘closure letter of credit’’
specified in § 264.143(d) of this chapter,
except for paragraph (d)(8). The submission and use of the irrevocable letter of credit instrument specified in
§ 264.151(d) of this chapter and the
standby trust specified in § 264.143(d)(3)
of this chapter shall be deemed to be in
compliance with the requirements of
this subpart relating to the use of letters of credit and standby trust funds.

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§ 761.65

(ii) For the purposes of this paragraph, the Regional Administrator (or
the appropriate official at EPA Headquarters, if the commercial storage
area is ancillary to a disposal facility
for which an official at EPA Headquarters has approval authority) may
draw on the letter of credit following a
final
administrative
determination
pursuant to section 16 of TSCA that
the owner or operator has failed to perform final closure in accordance with
the closure plan and other approval or
regulatory requirements when required
to do so.
(5) ‘‘Closure insurance,’’ as specified
in § 264.143(e) of this chapter, utilizing
the certificate of insurance for closure
specified at § 264.151(e) of this chapter.
The use of closure insurance as specified in § 264.143(e) of this chapter and
the submission and use of the certificate
of
insurance
specified
in
§ 264.151(e) of this chapter shall be
deemed to be in compliance with the
requirements of this subpart relating
to the use of closure insurance.
(6) The ‘‘financial test and corporate
guarantee for closure,’’ as described in
§ 264.143(f) of this chapter, including a
letter signed by the owner’s or operator’s chief financial officer as specified
at § 264.151(f) of this chapter and, if applicable, the written corporate guarantee specified at § 264.151(h) of this
chapter. The use of the financial test
and corporate guarantee specified in
§ 264.143(f) of this chapter, the submission and use of the letter specified in
§ 264.151(f) of this chapter, and the submission and use of the written corporate
guarantee
specified
at
§ 264.151(h) of this chapter shall be
deemed to be in compliance with the
requirements of this subpart relating
to the use of financial tests and corporate guarantees.
(7) The corporate guarantee as specified in § 264.143(f)(10) of this chapter.
(8) The use of multiple financial
mechanisms, as specified in § 264.143(g)
of this chapter is permitted.
(9) A modification to a facility storing PCB waste that increases the maximum storage capacity indicated in the
permit requires that a new financial
assurance mechanism be established or
an existing one be amended. When such
a modification occurs, the Director of

the Federal or State issuing authority
must be notified in writing no later
than 30 days from the completion of
the modification. The new or revised financial assurance mechanism must be
established and activated no later than
30 days after the Director of the Federal or State issuing authority is notified of the completion of the modification, but prior to the use of the modified portion of the facility.
(h) Release of owner or operator. Within 60 days after receiving certifications
from the owner or operator and an
independent registered professional engineer that final closure has been completed in accordance with the approved
closure plan, EPA will notify the owner
or operator in writing that the owner
or operator is no longer required by
this section to maintain financial assurance for final closure of the facility,
unless EPA has reason to believe that
final closure has not been completed in
accordance with the approved closure
plan. EPA shall provide the owner or
operator with a detailed written statement stating the reasons why EPA
shall provide the owner or operator
with a detailed written statement stating the reasons why he believed closure
was not conducted in accordance with
the approved closure plan.
(i) Laboratories and samples. (1) A laboratory is conditionally exempt from
the notification and approval requirements for a commercial storer under
§ 761.65 (d) through (h) when it stores
samples held for disposal in a facility
that complies with the standards in
§ 761.65 (b)(1)(i) through (b)(1)(iv).
(2) A laboratory sample is exempt
from the manifesting requirements in
§§ 761.210 through 761.213 when:
(i) The sample is being transported to
a laboratory for the purpose of testing.
(ii) The sample is being transported
back to the sample collector after testing.
(iii) The sample is being stored by
the sample collector before transport
to a laboratory for testing.
(iv) The sample is being stored in a
laboratory before testing.
(v) The sample is being stored in a
laboratory after testing but before it is
returned to the sample collector.
(vi) The sample is being stored temporarily in the laboratory after testing

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§ 761.70

40 CFR Ch. I (7–1–18 Edition)

for a specific purpose (for example,
until conclusion of a court case or enforcement action where further testing
of the sample may be necessary).
(3) In order to qualify for the exemption in paragraph (i)(2)(i) and (i)(2)(ii)
of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample
collector must:
(i) Comply with applicable U.S. Department of Transportation (DOT) or
U.S. Postal Service (USPS) shipping requirements, found respectively in 49
CFR 173.345 and U.S. Postal Regulations 652.2 and 652.3.
(ii) Assure that the following information accompanies the sample:
(A) The sample collector’s name,
mailing address, and telephone number.
(B) The laboratory’s name, mailing
address, and telephone number.
(C) The quantity of the sample.
(D) The date of shipment.
(E) A description of the sample.
(iii) Package the sample so that it
does not leak, spill, or vaporize from
its packaging.
(4) When the concentration of the
PCB sample has been determined, and
its use is terminated, the sample must
be properly disposed. A laboratory
must either manifest the PCB waste to
a disposer or commercial storer, as required under §§ 761.210 through 761.213,
retain a copy of each manifest, as required under §§ 761.213 and 761.214, and
follow up on exception reporting, as required under § 761.217, or return the
sample to the sample collector who
must then properly dispose of the sample. If the laboratory returns the sample to the sample collector, the laboratory must comply with the shipping requirements set forth in paragraphs
(i)(3)(i) through (i)(3)(iii) of this section.
(j) Changes in ownership or operational
control of a commercial storage facility.
The date of transfer of interim status
or final approval shall be the date the
EPA Regional Administrator (or appropriate official at EPA Headquarters)
provides written approval of the transfer. EPA will provide a final written
decision within 90 days of receipt of the
complete new or amended application.

The Agency will approve the transfer if
the following conditions are met:
(1) The transferee has established financial assurance for closure pursuant
to paragraph (g) of this section using a
mechanism effective as of the date of
final approval so that there will be no
lapse in financial assurance for the
transferred facility.
(2) The transferor or transferee has
resolved any deficiencies (e.g., technical operations, closure plans, cost estimates, etc.) the Agency has identified
in the transferor’s application.
(k) States and the Federal Government.
States and the Federal Government are
exempt from the requirements of paragraphs (f) and (g) of this section.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 47 FR
37359, Aug. 8, 1982; 49 FR 28191, July 10, 1984;
53 FR 12524, Apr. 15, 1988; 54 FR 52746, Dec. 21,
1989; 55 FR 695, Jan. 8, 1990; 55 FR 26205, June
27, 1990; 58 FR 15809, Mar. 24, 1993; 58 FR 34205,
June 23, 1993; 58 FR 59374, Nov. 9, 1993; 63 FR
35439, 35452, June 29, 1998; 72 FR 57239, 57240
Oct. 9, 2007; 74 FR 30232, June 25, 2009; 77 FR
54830, Sept. 6, 2012]

§ 761.70

Incineration.

This section applies to facilities used
to incinerate PCBs required to be incinerated by this part.
(a) Liquid PCBs. An incinerator used
for incinerating PCBs shall be approved
by EPA pursuant to paragraph (d) of
this section. Requests for approval of
incinerators to be used in more than
one region must be submitted to the
Director, Office of Resource Conservation and Recovery, except for research
and development involving less than
500 pounds of PCB material (see
§ 761.60(i)(2)). Requests for approval of
incinerators to be used in only one region must be submitted to the appropriate Regional Administrator. The incinerator shall meet all of the requirements specified in paragraphs (a)(1)
through (9) of this section, unless a
waiver from these requirements is obtained pursuant to paragraph (d)(5) of
this section, In addition, the incinerator shall meet any other requirements
which may be prescribed pursuant to
paragraph (d)(4) of this section.

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§ 761.70

(1) Combustion criteria shall be either of the following:
(i) Maintenance of the introduced liquids for a 2-second dwell time at 1200 °C
(±100 °C) and 3 percent excess oxygen in
the stack gas; or
(ii) Maintenance of the introduced
liquids for a 11⁄2 second dwell time at
1600 °C(±100 °C) and 2 percent excess oxygen in the stack gas.
(2) Combustion efficiency shall be at
least 99.9 percent computed as follows:
Combustion efficiency = [Cco2/(Cco2 +
Cco)]100

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where
Cco2 = Concentration of carbon dioxide.
Cco = Concentration of carbon monoxide.

(3) The rate and quantity of PCBs
which are fed to the combustion system shall be measured and recorded at
regular intervals of no longer than 15
minutes.
(4) The temperatures of the incineration process shall be continuously
measured and recorded. The combustion temperature of the incineration
process shall be based on either direct
(pyrometer) or indirect (wall thermocouple-pyrometer correlation) temperature readings.
(5) The flow of PCBs to the incinerator shall stop automatically whenever
the combustion temperature drops
below the temperatures specified in
paragraph (a)(1) of this section.
(6) Monitoring of stack emission
products shall be conducted:
(i) When an incinerator is first used
for the disposal of PCBs under the provisions of this regulation;
(ii) When an incinerator is first used
for the disposal of PCBs after the incinerator has been modified in a manner
which may affect the characteristics of
the stack emission products; and
(iii) At a minimum such monitoring
shall be conducted for the following parameters:
(a) O2; (b) CO; (c) CO2; (d) Oxides of
Nitrogen (NOX); (e) Hydrochloric Acid
(HCl); (f) Total Chlorinated Organic
Content (RCl); (g) PCBs; and (h) Total
Particulate Matter.
(7) At a minimum monitoring and recording of combustion products and incineration operations shall be conducted for the following parameters

whenever the incinerator is incinerating PCBs:
(i) O2; (ii) CO; and (iii) CO2. The monitoring for O2 and CO shall be continuous. The monitoring for CO2 shall be
periodic, at a frequency specified by
the Regional Administrator or appropriate official at EPA Headquarters.
(8) The flow of PCBs to the incinerator shall stop automatically when any
one or more of the following conditions
occur, unless a contingency plan is submitted by the incinerator owner or operator and approved by the Regional
Administrator or appropriate official
at EPA Headquarters. The contingency
plan indicates what alternative measures the incinerator owner or operator
would take if any of the following conditions occur:
(i) Failure of monitoring operations
specified in paragraph (a)(7) of this section;
(ii) Failure of the PCB rate and quantity measuring and recording equipment specified in paragraph (a)(3) of
this section; or
(iii) Excess oxygen falls below the
percentage specified in paragraph (a)(1)
of this section.
(9) Water scrubbers shall be used for
HCl control during PCB incineration
and shall meet any performance requirements specified by EPA. Scrubber
effluent shall be monitored and shall
comply with applicable effluent or
pretreatment standards, and any other
State and Federal laws and regulations. An alternate method of HCl control may be used if the alternate method has been approved by EPA. (The HCl
neutralizing capability of cement kilns
is considered to be an alternate method.)
(b) Nonliquid PCBs. An incinerator
used for incinerating nonliquid PCBs,
PCB Articles, PCB Equipment, or PCB
Containers shall be approved by EPA
pursuant to paragraph (d) of this section. Requests for approval of incinerators to be used in more than one region must be submitted to the Director, Office of Resource Conservation
and Recovery except for research and
development involving less that 500
pounds
of
PCB
material
(see
§ 761.60(i)(2)). Requests for approval of

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§ 761.70

40 CFR Ch. I (7–1–18 Edition)

incinerators to be used in only one region must be submitted to the appropriate Regional Administrator. The incinerator shall meet all of the requirements specified in paragraphs (b)(1)
and (2) of this section unless a waiver
from these requirements is obtained
pursuant to paragraph (d)(5) of this section. In addition, the incinerator shall
meet any other requirements that may
be prescribed pursuant to paragraph
(d)(4) of this section.
(1) The mass air emissions from the
incinerator shall be no greater than
0.001g PCB/kg of the PCB introduced
into the incinerator.
(2) The incinerator shall comply with
the provisions of paragraphs (a)(2), (3),
(4), (6), (7), (8)(i) and (ii), and (9) of this
section.
(c) Maintenance of data and records.
All data and records required by this
section shall be maintained in accordance with § 761.180, Records and monitoring.
(d) Approval of incinerators. Prior to
the incineration of PCBs and PCB
Items the owner or operator of an incinerator shall receive the written approval of the Agency Regional Administrator for the region in which the incinerator is located, or the appropriate
official at EPA Headquarters. Approval
from the appropriate official at EPA
Headquarters may be effective in all
ten EPA regions. Such approval shall
be obtained in the following manner:
(1) Application. The owner or operator
shall submit to the Regional Administrator or the Director, Office of Resource Conservation and Recovery an
application which contains:
(i) The location of the incinerator;
(ii) A detailed description of the incinerator including general site plans
and design drawings of the incinerator;
(iii) Engineering reports or other information on the anticipated performance of the incinerator;
(iv) Sampling and monitoring equipment and facilities available;
(v) Waste volumes expected to be incinerated;
(vi) Any local, State, or Federal permits or approvals; and
(vii) Schedules and plans for complying with the approval requirements
of this regulation.

(2) Trial burn. (i) Following receipt of
the application described in paragraph
(d)(1) of this section, EPA shall determine if a trial burn is required and notify the person who submitted the report whether a trial burn of PCBs and
PCB Items must be conducted. EPA
may require the submission of any
other information that EPA finds to be
reasonably necessary to determine the
need for a trial burn. Such other information shall be restricted to the types
of information required in paragraphs
(d)(1)(i) through (vii) of this section.
(ii) If EPA determines that a trail
burn must be held, the person who submitted the report described in paragraph (d)(1) of this section shall submit
to the Regional Administrator or the
Director, Office of Resource Conservation and Recovery a detailed plan for
conducting and monitoring the trail
burn. At a minimum, the plan must include:
(A) Date trial burn is to be conducted;
(B) Quantity and type of PCBs and
PCB Items to be incinerated;
(C) Parameters to be monitored and
location of sampling points;
(D) Sampling frequency and methods
and schedules for sample analyses; and
(E) Name, address, and qualifications
of persons who will review analytical
results and other pertinent data, and
who will perform a technical evaluation of the effectiveness of the trial
burn.
(iii) Following receipt of the plan described in paragraph (d)(2)(ii) of this
section, EPA will approve the plan, require additions or modifications to the
plan, or disapprove the plan. If the plan
is disapproved, EPA will notify the person who submitted the plan of such disapproval, together with the reasons
why it is disapproved. That person may
thereafter submit a new plan in accordance with paragraph (d)(2)(ii) of this
section. If the plan is approved (with
any additions or modifications which
EPA may prescribe), EPA will notify
the person who submitted the plan of
the approval. Thereafter, the trial burn
shall take place at a date and time to
be agreed upon between EPA and the
person who submitted the plan.

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Environmental Protection Agency

§ 761.71

(3) Other information. In addition to
the information contained in the report and plan described in paragraphs
(d)(1) and (2) of this section, EPA may
require the owner or operator to submit any other information that the
EPA finds to be reasonably necessary
to determine whether an incinerator
shall be approved.

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NOTE: The Regional Administrator will
have available for review and inspection an
Agency manual containing information on
sampling methods and analytical procedures
for the parameters required in § 761.70(a) (3),
(4), (6), and (7) plus any other parameters he/
she may determine to be appropriate. Owners
or operators are encouraged to review this
manual prior to submitting any report required in § 761.70.

(4) Contents of approval. (i) Except as
provided in paragraph (d)(5) of this section, the Regional Administrator or
the appropriate official at EPA Headquarters may not approve an incinerator for the disposal of PCBs and PCB
Items unless he finds that the incinerator meets all of the requirements of
paragraphs (a) and/or (b) of this section.
(ii) In addition to the requirements of
paragraphs (a) and/or (b) of this section, EPA may include in an approval
any other requirements that EPA finds
are necessary to ensure that operation
of the incinerator does not present an
unreasonable risk of injury to health
or the environment from PCBs. Such
requirements may include a fixed period of time for which the approval is
valid.
(5) Waivers. An owner or operator of
the incinerator may submit evidence to
the Regional Administrator or the Director, Office of Resource Conservation
and Recovery that operation of the incinerator will not present an unreasonable risk of injury to health or the environment from PCBs, when one or
more of the requirements of paragraphs
(a) and/or (b) of this section are not
met. On the basis of such evidence and
any other available information, EPA
may, in its discretion, find that any requirement of paragraphs (a) and (b) of
this section is not necessary to protect
against such a risk, and may waive the
requirements in any approval for that
incinerator. Any finding and waiver
under this paragraph must be stated in

writing and included as part of the approval.
(6) Persons approved. An approval will
designate the persons who own and who
are authorized to operate the incinerator, and will apply only to such persons, except as provided in paragraph
(d)(8) of this section.
(7) Final approval. Approval of an incinerator will be in writing and signed
by the appropriate EPA official. The
approval will state all requirements
applicable to the approved incinerator.
(8) Transfer of property. Any person
who owns or operates an approved incinerator must notify EPA at least 30
days before transferring ownership in
the incinerator or the property it
stands upon, or transferring the right
to operate the incinerator. The transferor must also submit to EPA, at least
30 days before such transfer, a notarized affidavit signed by the transferee
which states that the transferee will
abide by the transferor’s EPA incinerator approval. Within 30 days of receiving such notification and affidavit,
EPA will issue an amended approval
substituting the transferee’s name for
the transferor’s name, or EPA may require the transferee to apply for a new
incinerator approval. In the latter
case, the transferee must abide by the
transferor’s EPA approval until EPA
issues the new approval to the transferee.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 48 FR
13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984;
53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24,
1993; 63 FR 35439, June 29, 1998; 72 FR 57240,
Oct. 9, 2007; 74 FR 30233, June 25, 2009]

§ 761.71 High efficiency boilers.
(a) To burn mineral oil dielectric
fluid containing a PCB concentration
of ≥50 ppm, but <500 ppm:
(1) The boiler shall comply with the
following criteria:
(i) The boiler is rated at a minimum
of 50 million BTU hours.
(ii) If the boiler uses natural gas or
oil as the primary fuel, the carbon
monoxide concentration in the stack is
≤50 ppm and the excess oxygen is at
least 3 percent when PCBs are being
burned.

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§ 761.71

40 CFR Ch. I (7–1–18 Edition)

(iii) If the boiler uses coal as the primary fuel, the carbon monoxide concentration in the stack is ≤100 ppm and
the excess oxygen is at least 3 percent
when PCBs are being burned.
(iv) The mineral oil dielectric fluid
does not comprise more than 10 percent
(on a volume basis) of the total fuel
feed rate.
(v) The mineral oil dielectric fluid is
not fed into the boiler unless the boiler
is operating at its normal operating
temperature (this prohibits feeding
these fluids during either start up or
shut down operations).
(vi) The owner or operator of the
boiler:
(A)
Continuously
monitors
and
records the carbon monoxide concentration and excess oxygen percentage in the stack gas while burning mineral oil dielectric fluid; or
(B) If the boiler will burn <30,000 gallons of mineral oil dielectric fluid per
year, measures and records the carbon
monoxide concentration and excess oxygen percentage in the stack gas at
regular intervals of no longer than 60
minutes while burning mineral oil dielectric fluid.
(vii) The primary fuel feed rates,
mineral oil dielectric fluid feed rates,
and total quantities of both primary
fuel and mineral oil dielectric fluid fed
to the boiler are measured and recorded at regular intervals of no longer
than 15 minutes while burning mineral
oil dielectric fluid.
(viii) The carbon monoxide concentration and the excess oxygen percentage are checked at least once
every hour that mineral oil dielectric
fluid is burned. If either measurement
falls below the levels specified in this
section, the flow of mineral oil dielectric fluid to the boiler shall be stopped
immediately.
(2) Thirty days before any person
burns mineral oil dielectric fluid in the
boiler, the person gives written notice
to the EPA Regional Administrator for
the EPA Region in which the boiler is
located and that the notice contains
the following information:
(i) The name and address of the
owner or operator of the boiler and the
address of the boiler.
(ii) The boiler rating in units of BTU/
hour.

(iii) The carbon monoxide concentration and the excess oxygen percentage
in the stack of the boiler when it is operated in a manner similar to the manner in which it will be operated when
mineral oil dielectric fluid is burned.
(iv) The type of equipment, apparatus, and procedures to be used to
control the feed of mineral oil dielectric fluid to the boiler and to monitor
and record the carbon monoxide concentration and excess oxygen percentage in the stack.
(3) When burning mineral oil dielectric fluid, the boiler must operate at a
level of output no less than the output
at which the measurements required
under paragraph (a)(2)(iii) of this section were taken.
(4) Any person burning mineral oil dielectric fluid in a boiler obtains the
following information and retains the
information for 5 years at the boiler location:
(i) The data required to be collected
under paragraphs (a)(1)(vi) and (vii) of
this section.
(ii) The quantity of mineral oil dielectric fluid burned in the boiler each
month.
(b) To burn liquids, other than mineral oil dielectric fluid, containing a
PCB concentration of ≥50 ppm, but <500
ppm:
(1) The boiler shall comply with the
following criteria:
(i) The boiler is rated at a minimum
of 50 million BTU/hour.
(ii) If the boiler uses natural gas or
oil as the primary fuel, the carbon
monoxide concentration in the stack is
≤50 ppm and the excess oxygen is at
least 3 percent when PCBs are being
burned.
(iii) If the boiler uses coal as the primary fuel, the carbon monoxide concentration in the stack is ≤100 ppm and
the excess oxygen is at least 3 percent
when PCBs are being burned.
(iv) The waste does not comprise
more than 10 percent (on a volume
basis) of the total fuel feed rate.
(v) The waste is not fed into the boiler unless the boiler is operating at its
normal operating temperature (this
prohibits feeding these fluids during either start up or shut down operations).
(vi) The owner or operator of the
boiler must:

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Environmental Protection Agency

§ 761.71

(A) Continuously monitor and record
the carbon monoxide concentration
and excess oxygen percentage in the
stack gas while burning waste fluid; or
(B) If the boiler will burn <30,000 gallons of waste fluid per year, measure
and record the carbon monoxide concentration and excess oxygen percentage in the stack gas at regular intervals of no longer than 60 minutes while
burning waste fluid.
(vii) The primary fuel feed rate,
waste fluid feed rate, and total quantities of both primary fuel and waste
fluid fed to the boiler must be measured and recorded at regular intervals
of no longer than 15 minutes while
burning waste fluid.
(viii) The carbon monoxide concentration and the excess oxygen percentage must be checked at least once
every hour that the waste is burned. If
either measurement falls below the
levels specified in either (a)(1)(ii) or
(a)(1)(iii) of this section, the flow of
waste to the boiler shall be stopped immediately.
(2) Prior to any person burning these
liquids in the boiler, approval must be
obtained from the EPA Regional Administrator for the EPA Region in
which the boiler is located and any persons seeking such approval must submit to the EPA Regional Administrator a request containing at least the
following information:
(i) The name and address of the
owner or operator of the boiler and the
address of the boiler.
(ii) The boiler rating in units of BTU/
hour.
(iii) The carbon monoxide concentration and the excess oxygen percentage
in the stack of the boiler when it is operated in a manner similar to the manner in which it will be operated when
low concentration PCB liquid is
burned.
(iv) The type of equipment, apparatus, and procedures to be used to
control the feed of mineral oil dielectric fluid to the boiler and to monitor
and record the carbon monoxide concentration and excess oxygen percentage in the stack.
(v) The type of waste to be burned
(e.g., hydraulic fluid, contaminated
fuel oil, heat transfer fluid, etc.).

(vi) The concentration of PCBs and of
any other chlorinated hydrocarbon in
the waste and the results of analyses
using the ASTM International methods
as follows: Carbon and hydrogen content using ASTM D3178–84, nitrogen
content using ASTM E258–67 (Reapproved 1987), sulfur content using
ASTM D2784–89, ASTM D1266–87, or
ASTM D129–64 (Reapproved 1978), chlorine content using ASTM D808–87,
water and sediment content using either ASTM D2709–88 or ASTM D1796–83
(Reapproved 1990), ash content using
ASTM D482–87, calorific value using
ASTM D240–87, carbon residue using either ASTM D2158–89 or ASTM D524–88,
and flash point using ASTM D93–09 (all
standards incorporated by reference in
§ 761.19).
(vii) The quantity of wastes estimated to be burned in a 30–day period.
(viii) An explanation of the procedures to be followed to ensure that
burning the waste will not adversely
affect the operation of the boiler such
that combustion efficiency will decrease.
(3) On the basis of the information in
paragraph (b)(2) of this section and any
other available information, the Regional Administrator may, at his/her
discretion, find that the alternate disposal method will not present an unreasonable risk of injury to health or
the environment and approve the use of
the boiler.
(4) When burning PCB wastes, the
boiler must operate at a level of output
no less than the output at which the
measurements required under paragraph (b)(2)(iii) of this section were
taken.
(5) Any person burning liquids in
boilers approved as provided in paragraph (b)(3) of this section, must obtain
the following information and retain
the information for 5 years at the boiler location:
(i) The data required to be collected
in paragraphs (b)(1)(vi) and (b)(1)(vii) of
this section.
(ii) The quantity of low concentration PCB liquid burned in the boiler
each month.
(iii) The analysis of the waste required by paragraph (b)(2)(vi) of this
section taken once a month for each

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§ 761.72

40 CFR Ch. I (7–1–18 Edition)

month during which low concentration
PCB liquid is burned in the boiler.

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[63 FR 35454, June 29, 1998, as amended at 77
FR 2464, Jan. 18, 2012]

§ 761.72 Scrap metal recovery ovens
and smelters.
Any person may dispose of residual
PCBs associated with PCB-Contaminated articles regulated for disposal
under § 761.60(b), metal surfaces in PCB
remediation waste regulated under
§ 761.61, or metal surfaces in PCB bulk
product
waste
regulated
under
§§ 761.62(a)(6) and 761.79(c)(6), from
which all free-flowing liquids have been
removed:
(a) In a scrap metal recovery oven:
(1) The oven shall have at least two
enclosed (i.e., negative draft, no fugitive emissions) interconnected chambers.
(2) The equipment with all free-flowing liquid removed shall first be placed
in the primary chamber at room temperature.
(3) The primary chamber shall operate at a temperature between 537 °C
and 650 °C for a minimum of 21⁄2 hours
and reach a minimum temperature of
650 °C (1,202 °F) once during each heating cycle or batch treatment of
unheated, liquid-free equipment.
(4) Heated gases from the primary
chamber must feed directly into the
secondary chamber (i.e., afterburner)
which must operate at a minimum
temperature of 1,200 °C (2,192 °F) with
at least a 3 percent excess oxygen and
a retention time of 2.0 seconds with a
minimum combustion efficiency of 99.9
percent according to the definition in
§ 761.70(a)(2).
(5) Heating of the primary chamber
shall not commence until the secondary chamber has reached a temperature of 1,200 ±100 °C (2,192 ° ±180 °F).
(6) Continuous emissions monitors
and recorders for carbon dioxide, carbon monoxide, and excess oxygen in
the secondary chamber and continuous
temperature recorders in the primary
and secondary chambers shall be installed and operated while the primary
and secondary chambers are in operation to assure that the two chambers
are within the operating parameters in
paragraphs (a)(3) through (a)(5) of this
section.

(7) Emissions from the secondary
chamber must be vented through an exhaust gas stack in accordance with either:
(i) State or local air regulations or
permits, or
(ii) The standards in paragraph (a)(8)
of this section.
(8) Exhaust gas stack emissions shall
be for: particulates <0.015 grains/dry
standard cubic foot, sulfur dioxide <35
parts per million by volume (ppmv), nitrogen oxide <150 ppmv, carbon monoxide <35 ppmv, and hydrogen chloride
<35 ppmv.
(9) A measurement of the temperature in the secondary chamber at the
time the primary chamber starts heating must be taken, recorded and retained at the facility for 3 years from
the date each charge is introduced into
the primary chamber.
(b) By smelting:
(1) The operating temperature of the
hearth must be at least 1,000 °C at the
time it is charged with any PCB-Contaminated non-porous surface.
(2) Each charge containing a PCBContaminated item must be added into
molten metal or a hearth at ≥1,000 °C.
(3) Successive charges may not be introduced into the hearth in less than
15–minute intervals.
(4) The smelter must operate in compliance with any applicable emissions
standards in part 60 of this chapter.
(5) The smelter must have an operational device which accurately measures directly or indirectly, the temperature in the hearth.
(6) Take, record and retain at the disposal facility for 3 years from the date
each charge is introduced, a reading of
the temperature in the hearth at the
time it is charged with a non-porous
surface item.
(c)(1) Scrap metal recovery ovens and
smelters must either have a final permit under RCRA (part 266, subpart H of
this chapter and § 270.66 of this chapter)
or be operating under a valid State air
emissions permit which includes a
standard for PCBs.
(2) Scrap metal recovery ovens and
smelters disposing of PCBs must provide notification as disposers of PCBs,
are not required to submit annual reports, and shall otherwise comply with
all applicable provisions of subparts J

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§ 761.75

and K of this part, as well as other applicable Federal, State, and local laws
and regulations.
(3) In lieu of the requirements in
paragraph (c)(1) of this section, upon
written request by the owner or operator of a scrap metal recovery oven or
smelter, the EPA Regional Administrator, for the Region where the oven
or smelter is located, may make a finding in writing, based on a site-specific
risk assessment, that the oven or
smelter does not pose an unreasonable
risk of injury to health or the environment because it is operating in compliance with the parameters and conditions listed in paragraph (a) or (b) of
this section even though the oven or
smelter does not have a RCRA or State
air permit as required by paragraph
(c)(1) of this section. The written request shall include a site-specific risk
assessment.
(d) PCB liquids, other liquid waste
qualifying as waste oils which may be
used as provided for at § 761.20(e), or
PCB remediation waste, other than
PCB-Contaminated articles, may not
be disposed of in a scrap metal recovery oven or smelter unless approved or
otherwise allowed under subpart D of
this part.

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[63 FR 35455, June 29, 1998, as amended at 64
FR 33761, June 24, 1999]

§ 761.75 Chemical waste landfills.
This section applies to facilities used
to dispose of PCBs in accordance with
the part.
(a) General. A chemical waste landfill
used for the disposal of PCBs and PCB
Items shall be approved by the Agency
Regional Administrator pursuant to
paragraph (c) of this section. The landfill shall meet all of the requirements
specified in paragraph (b) of this section, unless a waiver from these requirements is obtained pursuant to
paragraph (c)(4) of this section. In addition, the landfill shall meet any other
requirements that may be prescribed
pursuant to paragraph (c)(3) of this section.
(b) Technical requirements. Requirements for chemical waste landfills used
for the disposal of PCBs and PCB Items
are as follows:
(1) Soils. The landfill site shall be located in thick, relatively impermeable

formations such as large-area clay
pans. Where this is not possible, the
soil shall have a high clay and silt content with the following parameters:
(i) In-place soil thickness, 4 feet or
compacted soil liner thickness, 3 feet;
(ii) Permeability (cm/sec), equal to or
less than 1 × 10¥7;
(iii) Percent soil passing No. 200
Sieve, >30;
(iv) Liquid Limit, >30; and
(v) Plasticity Index >15.
(2) Synthetic membrane liners. Synthetic membrane liners shall be used
when, in the judgment of the Regional
Administrator, the hydrologic or geologic conditions at the landfill require
such a liner in order to provide at least
a permeability equivalent to the soils
in paragraph (b)(1) of this section.
Whenever a synthetic liner is used at a
landfill site, special precautions shall
be taken to insure that its integrity is
maintained and that it is chemically
compatible with PCBs. Adequate soil
underlining and soil cover shall be provided to prevent excessive stress on the
liner and to prevent rupture of the
liner. The liner must have a minimum
thickness of 30 mils.
(3) Hydrologic conditions. The bottom
of the landfill shall be above the historical high groundwater table as provided
below. Floodplains, shorelands, and
groundwater recharge areas shall be
avoided. There shall be no hydraulic
connection between the site and standing or flowing surface water. The site
shall have monitoring wells and leachate collection. The bottom of the landfill liner system or natural in-place
soil barrier shall be at least fifty feet
from the historical high water table.
(4) Flood protection. (i) If the landfill
site is below the 100-year floodwater
elevation, the operator shall provide
surface water diversion dikes around
the perimeter of the landfill site with a
minimum height equal to two feet
above the 100-year floodwater elevation.
(ii) If the landfill site is above the
100-year floodwater elevation, the operators shall provide diversion structures
capable of diverting all of the surface
water runoff from a 24-hour, 25-year
storm.

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§ 761.75

40 CFR Ch. I (7–1–18 Edition)

(5) Topography. The landfill site shall
be located in an area of low to moderate relief to minimize erosion and to
help prevent landslides or slumping.
(6) Monitoring systems—(i) Water sampling. (A) For all sites receiving PCBs,
the ground and surface water from the
disposal site area shall be sampled
prior to commencing operations under
an approval provided in paragraph (c)
of this section for use as baseline data.
(B) Any surface watercourse designated by the Regional Administrator
using the authority provided in paragraph (c)(3)(ii) of this section shall be
sampled at least monthly when the
landfill is being used for disposal operations.
(C) Any surface watercourse designated by the Regional Administrator
using the authority provided in paragraph (c)(3)(ii) of this section shall be
sampled for a time period specified by
the Regional Administrator on a frequency of no less than once every six
months after final closure of the disposal area.
(ii) Groundwater monitor wells. (A) If
underlying earth materials are homogenous, impermeable, and uniformly
sloping in one direction, only three
sampling points shall be necessary.
These three points shall be equally
spaced on a line through the center of
the disposal area and extending from
the area of highest water table elevation to the area of the lowest water
table elevation on the property.
(B) All monitor wells shall be cased
and the annular space between the
monitor zone (zone of saturation) and
the surface shall be completely
backfilled with Portland cement or an
equivalent material and plugged with
Portland cement to effectively prevent
percolation of surface water into the
well bore. The well opening at the surface shall have a removable cap to provide access and to prevent entrance of
rainfall or stormwater runoff. The well
shall be pumped to remove the volume
of liquid initially contained in the well
before obtaining a sample for analysis.
The discharge shall be treated to meet
applicable State or Federal discharge
standards or recycled to the chemical
waste landfill.
(iii) Water analysis. As a minimum,
all samples shall be analyzed for the

following parameters, and all data and
records of the sampling and analysis
shall be maintained as required in
§ 761.180(d)(1). Sampling methods and
analytical procedures for these parameters shall comply with those specified
in 40 CFR part 136 as amended in 41 FR
52779 on December 1, 1976.
(A) PCBs.
(B) pH.
(C) Specific conductance.
(D) Chlorinated organics.
(7) Leachate collection. A leachate collection monitoring system shall be installed above the chemical waste landfill. Leachate collection systems shall
be monitored monthly for quantity and
physicochemical
characteristics
of
leachate produced. The leachate should
be either treated to acceptable limits
for discharge in accordance with a
State or Federal permit or disposed of
by another State or Federally approved
method. Water analysis shall be conducted as provided in paragraph
(b)(6)(iii) of this section. Acceptable
leachate monitoring/collection systems
shall be any of the following designs,
unless a waiver is obtained pursuant to
paragraph (c)(4) of this section.
(i) Simple leachate collection. This system consists of a gravity flow
drainfield installed above the waste
disposal unit liner. This design is recommended for use when semi-solid or
leachable solid wastes are placed in a
lined pit excavated into a relatively
thick, unsaturated, homogenous layer
of low permeability soil.
(ii) Compound leachate collection. This
system consists of a gravity flow
drainfield installed above the waste
disposal unit liner and above a secondary installed liner. This design is
recommended for use when semi-liquid
or leachable solid wastes are placed in
a lined pit excavated into relatively
permeable soil.
(iii) Suction lysimeters. This system
consists of a network of porous ceramic
cups connected by hoses/tubing to a
vacuum pump. The porous ceramic
cups or suction lysimeters are installed
along the sides and under the bottom
of the waste disposal unit liner. This
type of system works best when installed in a relatively permeable unsaturated soil immediately adjacent to

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Environmental Protection Agency

§ 761.75

the bottom and/or sides of the disposal
facility.
(8) Chemical waste landfill operations.
(i) PCBs and PCB Items shall be placed
in a landfill in a manner that will prevent damage to containers or articles.
Other wastes placed in the landfill that
are not chemically compatible with
PCBs and PCB Items including organic
solvents shall be segregated from the
PCBs throughout the waste handling
and disposal process.
(ii) An operation plan shall be developed and submitted to the Regional
Administrator for approval as required
in paragraph (c) of this section. This
plan shall include detailed explanations of the procedures to be used for
recordkeeping, surface water handling
procedures, excavation and backfilling,
waste segregation burial coordinates,
vehicle and equipment movement, use
of roadways, leachate collection systems, sampling and monitoring procedures, monitoring wells, environmental
emergency contingency plans, and security measures to protect against
vandalism and unauthorized waste
placements. EPA guidelines entitled
‘‘Thermal Processing and Land Disposal of Solid Waste’’ (39 FR 29337, Aug.
14, 1974) are a useful reference in preparation of this plan. If the facility is to
be used to dispose of liquid wastes containing between 50 ppm and 500 ppm
PCB, the operations plan must include
procedures to determine that liquid
PCBs to be disposed of at the landfill
do not exceed 500 ppm PCB and measures to prevent the migration of PCBs
from the landfill. Bulk liquids not exceeding 500 ppm PCBs may be disposed
of provided such waste is pretreated
and/or stabilized (e.g., chemically
fixed, evaporated, mixed with dry inert
absorbant) to reduce its liquid content
or increase its solid content so that a
non-flowing consistency is achieved to
eliminate the presence of free liquids
prior to final disposal in a landfill. PCB
Container of liquid PCBs with a concentration between 50 and 500 ppm PCB
may be disposed of if each container is
surrounded by an amount of inert
sorbant material capable of absorbing
all of the liquid contents of the container.
(iii) Ignitable wastes shall not be disposed of in chemical waste landfills.

Liquid ignitable wastes are wastes that
have a flash point less than 60 °C (140
°F) as determined by the following
method or an equivalent method: Flash
point of liquids shall be determined by
a Pensky-Martens Closed Cup Tester,
using the protocol specified in ASTM
D93–09, or the Setaflash Closed Tester
using the protocol specified in ASTM
D3278–89 (all standards incorporated by
reference in § 761.19).
(iv) Records shall be maintained for
all PCB disposal operations and shall
include information on the PCB concentration in liquid wastes and the
three dimensional burial coordinates
for PCBs and PCB Items. Additional
records shall be developed and maintained as required in § 761.180.
(9) Supporting facilities. (i) A six foot
woven mesh fence, wall, or similar device shall be placed around the site to
prevent unauthorized persons and animals from entering.
(ii) Roads shall be maintained to and
within the site which are adequate to
support the operation and maintenance
of the site without causing safety or
nuisance problems or hazardous conditions.
(iii) The site shall be operated and
maintained in a manner to prevent
safety problems or hazardous conditions resulting from spilled liquids and
windblown materials.
(c) Approval of chemical waste landfills.
Prior to the disposal of any PCBs and
PCB Items in a chemical waste landfill,
the owner or operator of the landfill
shall receive written approval of the
Agency Regional Administrator for the
Region in which the landfill is located.
The approval shall be obtained in the
following manner:
(1) Initial report. The owner or operator shall submit to the Regional Administrator an initial report which
contains:
(i) The location of the landfill;
(ii) A detailed description of the
landfill including general site plans
and design drawings;
(iii) An engineering report describing
the manner is which the landfill complies with the requirements for chemical waste landfills specified in paragraph (b) of this section;
(iv) Sampling and monitoring equipment and facilities available;

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§ 761.75

40 CFR Ch. I (7–1–18 Edition)

(v) Expected waste volumes of PCBs;
(vi) General description of waste materials other than PCBs that are expected to be disposed of in the landfill;
(vii) Landfill operations plan as required in paragraph (b) of this section;
(viii) Any local, State, or Federal
permits or approvals; and
(ix) Any schedules or plans for complying with the approval requirements
of these regulations.
(2) Other information. In addition to
the information contained in the report described in paragraph (c)(1) of
this section, the Regional Administrator may require the owner or operator to submit any other information
that the Regional Administrator finds
to be reasonably necessary to determine whether a chemical waste landfill
should be approved. Such other information shall be restricted to the types
of information required in paragraphs
(c)(1) (i) through (ix) of this section.
(3) Contents of approval. (i) Except as
provided in paragraph (c)(4) of this section the Regional Administrator may
not approve a chemical waste landfill
for the disposal of PCBs and PCB
Items, unless he finds that the landfill
meets all of the requirements of paragraph (b) of this section.
(ii) In addition to the requirements of
paragraph (b) of this section, the Regional Administrator may include in
an approval any other requirements or
provisions that the Regional Administrator finds are necessary to ensure
that operation of the chemical waste
landfill does not present an unreasonable risk of injury to health or the environment from PCBs. Such provisions
may include a fixed period of time for
which the approval is valid.
The approval may also include a stipulation that the operator of the chemical waste landfill report to the Regional Administrator any instance
when PCBs are detectable during monitoring activities conducted pursuant to
paragraph (b)(6) of this section.
(4) Waivers. An owner or operator of a
chemical waste landfill may submit
evidence to the Regional Administrator that operation of the landfill
will not present an unreasonable risk
of injury to health or the environment
from PCBs when one or more of the requirements of paragraph (b) of this sec-

tion are not met. On the basis of such
evidence and any other available information, the Regional Administrator
may in his discretion find that one or
more of the requirements of paragraph
(b) of this section is not necessary to
protect against such a risk and may
waive the requirements in any approval for that landfill. Any finding
and waiver under this paragraph will
be stated in writing and included as
part of the approval.
(5) Persons approved. Any approval
will designate the persons who own and
who are authorized to operate the
chemical waste landfill, and will apply
only to such persons, except as provided by paragraph (c)(7) of this section.
(6) Final approval. Approval of a
chemical waste landfill will be in writing and will be signed by the Regional
Administrator. The approval will state
all requirements applicable to the approved landfill.
(7) Transfer of property. Any person
who owns or operates an approved
chemical waste landfill must notify
EPA at least 30 days before transferring ownership in the property or
transferring the right to conduct the
chemical waste landfill operation. The
transferor must also submit to EPA, at
least 30 days before such transfer, a notarized affidavit signed by the transferee which states that the transferee
will abide by the transferor’s EPA
chemical waste landfill approval. Within 30 days of receiving such notification and affidavit, EPA will issue an
amended approval substituting the
transferee’s name for the transferor’s
name, or EPA may require the transferee to apply for a new chemical waste
landfill approval. In the latter case, the
transferee must abide by the transferor’s EPA approval until EPA issues
the new approval to the transferee.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and amended at 48 FR
5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53
FR 12524, Apr. 15, 1988; 53 FR 21641, June 9,
1988; 57 FR 13323, Apr. 16, 1992; 63 FR 35456,
June 29, 1998; 77 FR 2464, Jan. 18, 2012]

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Environmental Protection Agency

§ 761.77

§ 761.77 Coordinated approval.
(a) General requirements. Notwithstanding any other provision of this
part, the EPA Regional Administrator
for the Region in which a PCB disposal
or PCB commercial storage facility described in paragraphs (b) and (c) of this
section is located may issue a TSCA
PCB Coordinated Approval to the persons described in those paragraphs if
the conditions listed in this section are
met. A TSCA PCB Coordinated Approval will designate the persons who
own and who are authorized to operate
the facilities described in paragraphs
(b) and (c) of this section and will apply
only to such persons. All requirements,
conditions, and limitations of any
other permit or waste management
document cited or described in paragraphs (b) and (c) of this section, as the
technical or legal basis on which the
TSCA PCB Coordinated Approval is
issued, are conditions of the TSCA PCB
Coordinated Approval.
(1) Persons seeking a TSCA PCB Coordinated Approval shall submit a request for approval by certified mail, to
the EPA Regional Administrator for
the Region in which the activity will
take place. Persons seeking a TSCA
PCB Coordinated Approval for a new
PCB activity shall submit the request
for approval at the same time they
seek a permit, approval, or other action for a PCB waste management activity under any other Federal or State
authority.
(i) The request for a TSCA PCB Coordinated Approval shall include a
copy of the letter from EPA announcing or confirming the EPA identification number issued to the facility for
conducting PCB activities; the name,
organization, and telephone number of
the person who is the contact point for
the non-TSCA Federal or State waste
management authority; a copy of the
relevant permit or waste management
document specified in paragraphs (b)
and (c) of this section, including all requirements, conditions, and limitations, if the EPA Regional Administrator does not have a copy of the document, or a description of the waste
management activities to be conducted
if a permit or other relevant waste
management document has not been
issued; and a certification that the per-

son who owns or operates the facility is
aware of and will adhere to the TSCA
PCB reporting and recordkeeping requirements at subparts J and K of this
part.
(ii) The EPA Regional Administrator
shall review the request for completeness, for compliance with the requirements of paragraphs (b) and (c) of this
section, and to ensure that the PCB activity for which approval is requested
will not present an unreasonable risk
of injury to health or the environment.
The EPA Regional Administrator shall
either:
(A) Issue a written notice of deficiency explaining why the request for
approval is deficient. If appropriate,
the EPA Regional Administrator may
either:
(1) Request additional information to
cure the deficiency.
(2) Deny the request for a TSCA PCB
Coordinated Approval.
(B) Issue a letter granting or denying
the TSCA PCB Coordinated Approval.
If the EPA Regional Administrator
grants the TSCA PCB Coordinated Approval, he or she may acknowledge the
non-TSCA approval meets the regulatory requirements under TSCA as
written, or require additional conditions the EPA Regional Administrator
has determined are necessary to prevent unreasonable risk of injury to
health or the environment.
(C) If the EPA Regional Administrator denies a request for a Coordinated Approval under paragraphs
(a)(1)(ii)(A) or (a)(1)(ii)(B) of this section, the person who requested the
TSCA PCB Coordinated Approval may
submit an application for a TSCA Disposal Approval.
(2) The EPA Regional Administrator
may issue a notice of deficiency, revoke the TSCA PCB Coordinated Approval, require the person to whom the
TSCA PCB Coordinated Approval was
issued to submit an application for a
TSCA PCB approval, or bring an enforcement action under TSCA if he or
she determines that:
(i) Conditions of the approval relating to PCB waste management activities are not met.
(ii) The PCB waste management
process is being operated in a manner
which may result in an unreasonable

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§ 761.79

40 CFR Ch. I (7–1–18 Edition)

risk of injury to health or the environment.
(iii) The non-TSCA approval expires,
is revoked, is suspended, or otherwise
ceases to be in full effect.
(3) Any person with a TSCA PCB Coordinated Approval must notify the
EPA Regional Administrator in writing within 5 calendar days of changes
relating to PCB waste requirements in
the non-TSCA waste management document which serves as the basis for a
TSCA PCB Coordinated Approval.
Changes in the ownership of a commercial storage facility which holds a
TSCA PCB Coordinated Approval shall
be handled pursuant to § 761.65(j).
(b) Any person who owns or operates
a facility that he or she intends to use
to landfill PCB wastes; incinerate PCB
wastes; dispose of PCB wastes using an
alternative disposal method that is
equivalent to disposal in an incinerator
approved under § 761.70 or a high efficiency boiler operating in compliance
with § 761.71; or stores PCB wastes may
apply for a TSCA PCB Coordinated Approval. The EPA Regional Administrator may approve the request if the
EPA Regional Administrator determines that the activity will not pose
an unreasonable risk of injury to
health or the environment and the person:
(1)(i) Has a waste management permit or other decision or enforcement
document which exercises control over
PCB wastes, issued by EPA or an authorized State Director for a State program that has been approved by EPA
and is no less stringent in protection of
health or the environment than the applicable TSCA requirements found in
this part; or
(ii) Has a PCB waste management
permit or other decision or enforcement document issued by a State Director pursuant to a State PCB waste
management program no less stringent
in protection of health or the environment than the applicable TSCA requirements found in this part; or
(iii) Is subject to a waste management permit or other decision or enforcement document which is applicable to the disposal of PCBs and which
was issued through the promulgation
of a regulation published in Title 40 of
the Code of Federal Regulations.

(2) Complies with the terms and conditions of the permit or other decision
or enforcement document described in
paragraph (b)(1) of this section.
(3) Unless otherwise waived or modified in writing by the EPA Regional
Administrator,
complies
with
§ 761.75(b); § 761.70(a)(1) through (a)(9),
(b)(1) and (b)(2), and (c); or the PCB
storage requirements at §§ 761.65(a), (c),
and (d)(2), as appropriate.
(4) Complies with the reporting and
recordkeeping requirements in subparts J and K of this part.
(c) A person conducting research and
development (R&D) into PCB disposal
methods (regardless of PCB concentration), or conducting PCB remediation
activities may apply for a TSCA PCB
Coordinated Approval. The EPA Regional Administrator may approve the
request if the EPA Regional Administrator determines that the activity
will not pose an unreasonable risk of
injury to health or the environment
and the person:
(1)(i) Has a permit or other decision
and enforcement document issued or
otherwise agreed to by EPA, or permit
or other decision and enforcement document issued by an authorized State
Director for a State program that has
been approved by EPA, which exercises
control over the management of PCB
wastes, and that person is in compliance with all terms and conditions of
that document; or
(ii) Has a permit, which exercises
control over the management of PCB
wastes, issued by a State Director pursuant to a State PCB disposal program
no less stringent than the requirements in this part.
(2) Complies with the terms and conditions of that permit or other decision
and enforcement document.
(3) Complies with the reporting and
recordkeeping requirements in subparts J and K of this part.
[63 FR 35456, June 29, 1998]

§ 761.79 Decontamination
and procedures.

(a) Applicability. This section establishes decontamination standards and
procedures for removing PCBs, which
are regulated for disposal, from water,
organic liquids, non-porous surfaces

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Environmental Protection Agency

§ 761.79

(including scrap metal from disassembled electrical equipment), concrete,
and non-porous surfaces covered with a
porous surface, such as paint or coating on metal.
(1) Decontamination in accordance
with this section does not require a disposal approval under subpart D of this
part.
(2) Materials from which PCBs have
been removed by decontamination in
accordance with this section may be
distributed in commerce in accordance
with § 761.20(c)(5).
(3) Materials from which PCBs have
been removed by decontamination in
accordance with this section may be
used or reused in accordance with
§ 761.30(u).
(4) Materials from which PCBs have
been removed by decontamination in
accordance with this section, not including decontamination waste and residuals under paragraph (g) of this section, are unregulated for disposal under
subpart D of this part.
(5) Any person decontaminating porous surfaces other than concrete
under paragraph (b)(4) of this section
and non-porous surfaces covered with a
porous surface, such as paint or coating on metal, under paragraph (b)(3) or
(c)(6) of this section must obtain an alternative decontamination approval in
accordance with paragraph (h) of this
section.
(6) Any person engaging in decontamination under this section is responsible for determining and complying with all other applicable Federal, State, and local laws and regulations.
(b) Decontamination standards. Chopping (including wire chopping), distilling, filtering, oil/water separation,
spraying, soaking, wiping, stripping of
insulation, scraping, scarification or
the use of abrasives or solvents may be
used to remove or separate PCBs, to
the following standards, from liquids,
concrete, or non-porous surfaces.
(1) The decontamination standard for
water containing PCBs is:
(i) Less than 200 μg/L (i.e., <200 ppb
PCBs) for non-contact use in a closed
system where there are no releases;
(ii) For water discharged to a treatment works (as defined in § 503.9(aa) of
this chapter) or to navigable waters, <3

μg/L (approximately <3 ppb) or a PCB
discharge limit included in a permit
issued under section 307(b) or 402 of the
Clean Water Act; or
(iii) Less than or equal to 0.5 μg/L
(i.e., approximately ≤0.5 ppb PCBs) for
unrestricted use.
(2) The decontamination standard for
organic liquids and non-aqueous inorganic liquids containing PCBs is <2
milligrams per kilogram (i.e., <2 ppm
PCBs).
(3) The decontamination standard for
non-porous surfaces in contact with
liquid and non-liquid PCBs is:
(i) For unrestricted use:
(A) For non-porous surfaces previously in contact with liquid PCBs at
any concentration, where no free-flowing liquids are currently present, ≤10
micrograms PCBs per 100 square centimeters (≤10 μg/100 cm2) as measured by
a standard wipe test (§ 761.123) at locations selected in accordance with subpart P of this part.
(B) For non-porous surfaces in contact with non-liquid PCBs (including
non-porous surfaces covered with a porous surface, such as paint or coating
on metal), cleaning to Visual Standard
No. 2, Near-White Blast Cleaned Surface Finish, of the National Association of Corrosion Engineers (NACE). A
person shall verify compliance with
standard No. 2 by visually inspecting
all cleaned areas.
(ii) For disposal in a smelter operating in accordance with § 761.72(b):
(A) For non-porous surfaces previously in contact with liquid PCBs at
any concentration, where no free-flowing liquids are currently present, <100
μg/100 cm2 as measured by a standard
wipe test (§ 761.123) at locations selected in accordance with subpart P of
this part.
(B) For non-porous surfaces in contact with non-liquid PCBs (including
non-porous surfaces covered with a porous surface, such as paint or coating
on metal), cleaning to Visual Standard
No. 3, Commercial Blast Cleaned Surface Finish, of the National Association of Corrosion Engineers (NACE). A
person shall verify compliance with
standard No. 3 by visually inspecting
all cleaned areas.
(4) The decontamination standard for
concrete is ≤10 μg/100 cm2 as measured

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§ 761.79

40 CFR Ch. I (7–1–18 Edition)

by a standard wipe test (§ 761.123) if the
decontamination procedure is commenced within 72 hours of the initial
spill of PCBs to the concrete or portion
thereof being decontaminated.
(c) Self-implementing decontamination
procedures. The following self-implementing decontamination procedures
are available as an alternative to the
measurement-based
decontamination
methods specified in paragraph (b) of
this section. Any person performing
self-implementing
decontamination
must comply with one of the following
procedures.
(1) Any person decontaminating a
PCB Container must do so by flushing
the internal surfaces of the container
three times with a solvent containing
<50 ppm PCBs. Each rinse shall use a
volume of the flushing solvent equal to
approximately 10 percent of the PCB
Container capacity.
(2) Any person decontaminating movable equipment contaminated by PCBs,
tools, and sampling equipment may do
so by:
(i) Swabbing surfaces that have contacted PCBs with a solvent;
(ii) A double wash/rinse as defined in
subpart S of this part; or
(iii) Another applicable decontamination procedure in this section.
(3) Any person decontaminating a
non-porous surface in contact with
free-flowing mineral oil dielectric fluid
(MODEF) at levels ≤10,000 ppm PCBs
must do so as follows:
(i) Drain the free-flowing MODEF and
allow the residual surfaces to drain for
an additional 15 hours.
(ii) Dispose of drained MODEF according to paragraph (g) of this section.
(iii) Soak the surfaces to be decontaminated in a sufficient amount of
clean (containing <2 ppm PCBs) performance-based organic decontamination fluid (PODF) such that there is a
minimum of 800 ml of PODF for each
100 cm2 of contaminated or potentially
contaminated surface for at least 15
hours at ≥20 °C.
(iv) Approved PODFs include:
(A) Kerosene.
(B) Diesel fuel.
(C) Terpene hydrocarbons.
(D) Mixtures of terpene hydrocarbons
and terpene alcohols.

(v) Drain the PODF from the surfaces.
(vi) Dispose of the drained PODF in
accordance with paragraph (g) of this
section.
(4) Any person decontaminating a
non-porous surface in contact with
free-flowing MODEF containing >10,000
ppm PCB in MODEF or askarel PCB
(up to 70 percent PCB in a mixture of
trichlorobenzenes
and
tetrachlorobenzenes) must do so as follows:
(i) Drain the free-flowing MODEF or
askarel and allow the residual surfaces
to drain for an additional 15 hours.
(ii) Dispose of drained MODEF or
askarel according to paragraph (g) of
this section.
(iii) Soak the surfaces to be decontaminated in a sufficient amount of
clean PODF (containing <2 ppm PCBs)
such that there is a minimum of 800 ml
of PODF for each 100 cm2 of contaminated or potentially contaminated surface for at least 15 hours at ≥20 °C.
(iv) Approved PODFs include:
(A) Kerosene.
(B) Diesel fuel.
(C) Terpene hydrocarbons.
(D) Mixtures of terpene hydrocarbons
and terpene alcohols.
(v) Drain the PODF from the surfaces.
(vi) Dispose of the drained PODF in
accordance with paragraph (g) of this
section.
(vii) Resoak the surfaces to be decontaminated, pursuant to paragraph
(c)(3)(iii) of this section, in a sufficient
amount of clean PODF (containing <2
ppm PCBs) such that there is a minimum of 800 ml of PODF for each 100
cm2 of surface for at least 15 hours at
≥20 °C.
(viii) Drain the PODF from the surfaces.
(ix) Dispose of the drained PODF in
accordance with paragraph (g) of this
section.
(5) Any person decontaminating piping and air lines in an air compressor
system must do so as follows:
(i) Before decontamination proceeds,
disconnect or bypass the air compressors and air dryers from the piping and
air lines and decontaminate the air
compressors and air dryers separately
in accordance with paragraphs (b),

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Environmental Protection Agency

§ 761.79

(c)(1) through (c)(4), or (c)(6) of this
section. Dispose of filter media and
desiccant in the air dyers based on
their existing PCB concentration.
(ii) Test the connecting line and appurtenances of the system to assure
that there is no leakage. Test by introducing air into the closed system at
from 90 to 100 pounds per square inch
(psi). Only if there is a pressure drop of
<5 psi in 30 minutes may decontamination take place.
(iii) When there is no leakage, fill the
piping and air lines with clean (containing <2 ppm PCBs) solvent. Solvents
include PODF, aqueous potassium hydroxide at a pH between 9 and 12, or
water containing 5 percent sodium hydroxide by weight.
(iv) Circulate the solvent to achieve
turbulent flow through the piping and
air lines in the air compressor system
until the total volume of solvent circulated equals 10 times the total volume of the particular article being decontaminated, then drain the solvent.
Calculate the total volume of solvent
circulated by multiplying the pump
rate by the time of pumping. Turbulent
flow means a Reynolds number range
from 20,000 to 43,000. Refill the system
with clean solvent and repeat the circulation and drain process.
(6) Any person using thermal processes to decontaminate metal surfaces
in contact with PCBs, as required by
§ 761.62(a)(6), must use one of the following options:
(i) Surfaces in contact with liquid
and non-liquid PCBs at concentrations
<500 ppm may be decontaminated in a
scrap metal recovery oven or smelter
for purposes of disposal in accordance
with § 761.72.
(ii) Surfaces in contact with liquid or
non-liquid PCBs at concentrations ≥500
ppm may be smelted in a smelter operating in accordance with § 761.72(b), but
must first be decontaminated in accordance with § 761.72(a) or to a surface
concentration of <100 μg/100 cm2.
(d) Decontamination solvents. (1) Unless otherwise provided in paragraphs
(c)(3) through (c)(5) of this section, the
solubility of PCBs in any solvent used
for purposes of decontamination under
this section must be 5 percent or more
by weight.

(2) The solvent may be reused for decontamination so long as its PCB concentration is <50 ppm.
(3) Solvent shall be disposed of under
paragraph (g) of this section.
(4) Other than as allowed in paragraphs (c)(3) and (c)(4) of this section,
solvents may be tested and validated
for performance-based decontamination of non-porous surfaces contaminated with MODEF or other PCB liquids, in accordance with the self-implementing procedures found in subpart T
of this part. Specific conditions for the
performance-based testing from this
validation are determined in the validation study.
(e) Limitation of exposure and control
of releases. (1) Any person conducting
decontamination activities under this
section shall take necessary measures
to protect against direct release of
PCBs to the environment from the decontamination area.
(2) Persons participating in decontamination activities shall wear or use
protective clothing or equipment to
protect against dermal contact or inhalation of PCBs or materials containing
PCBs.
(f) Sampling and recordkeeping. (1)
Confirmatory sampling is required
under paragraph (b) of this section. For
liquids described in paragraphs (b)(1)
and (b)(2) of this section, sample in accordance with §§ 761.269 and 761.272. For
non-porous surfaces and concrete described in paragraphs (b)(3) and (b)(4) of
this section, sample in accordance with
subpart P of this part. A written record
of such sampling must be established
and maintained for 3 years from the
date of any decontamination under this
section. The record must show sampling locations and analytical results
and must be retained at the site of the
decontamination or a copy of the
record must be made available to EPA
in a timely manner, if requested. In addition, recordkeeping is required in accordance with § 761.180(a) for all wastes
generated by a decontamination process and regulated for disposal under
this subpart.
(2) Confirmatory sampling is not required for self-implementing decontamination procedures under paragraph (c) of this section. Any person
using these procedures must retain a

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§ 761.79

40 CFR Ch. I (7–1–18 Edition)

written record documenting compliance with the procedures for 3 years
after completion of the decontamination procedures (e.g., video recordings,
photographs).
(g) Decontamination waste and residues. Decontamination waste and residues shall be disposed of at their existing PCB concentration unless otherwise specified.
(1) Distillation bottoms or residues
and filter media are regulated for disposal as PCB remediation waste.
(2) PCBs physically separated from
regulated waste during decontamination (such as by chopping, shredding,
scraping, abrading or oil/water separation, as opposed to solvent rinsing and
soaking), other than wastes described
in paragraph (g)(1) of this section, are
regulated for disposal at their original
concentration.
(3) Hydrocarbon solvent used or reused for decontamination under this
section that contains <50 ppm PCB
must be burned and marketed in accordance with the requirements for
used oil in § 761.20(e), disposed of in accordance with § 761.60(a) or (e), or decontaminated pursuant to this section.
(4) Chlorinated solvent at any PCB
concentration used for decontamination under this section shall be disposed of in an incinerator operating in
compliance with § 761.70, or decontaminated pursuant to this section.
(5) Solvents ≥50 ppm other than those
described in paragraphs (g)(3) and (g)(4)
of this section shall be disposed of in
accordance with § 761.60(a) or decontaminated pursuant to this section.
(6) Non-liquid cleaning materials and
personal protective equipment waste at
any concentration, including non-porous surfaces and other non-liquid materials such as rags, gloves, booties,
other disposable personal protective
equipment, and similar materials resulting from decontamination shall be
disposed
of
in
accordance
with
§ 761.61(a)(5)(v).
(h) Alternative decontamination or sampling approval. (1) Any person wishing
to decontaminate material described in
paragraph (a) of this section in a manner other than prescribed in paragraph
(b) of this section must apply in writing to the Regional Administrator in
the Region where the activity would

take place, for decontamination activity occurring in a single EPA Region;
or to the Director, Office of Resource
Conservation and Recovery, for decontamination activity occurring in more
than one EPA Region. Each application
must describe the material to be decontaminated and the proposed decontamination method, and must demonstrate that the proposed method is
capable of decontaminating the material to the applicable level set out in
paragraphs (b)(1) through (b)(4) of this
section.
(2) Any person wishing to decontaminate material described in paragraph
(a) of this section using a self-implementing procedure other than prescribed in paragraph (c) of this section
must apply in writing to the Regional
Administrator in the Region where the
activity would take place, for decontamination activity occurring in a single EPA Region; or to the Director, Office of Resource Conservation and Recovery, for decontamination activity
occurring in more than one EPA Region. Each application must describe
the material to be decontaminated and
the proposed self-implementing decontamination method and must include a
proposed validation study to confirm
performance of the method.
(3) Any person wishing to sample decontaminated material in a manner
other than prescribed in paragraph (f)
of this section must apply in writing to
the Regional Administrator in the Region where the activity would take
place, for decontamination activity occurring in a single EPA Region; or to
the Director, Office of Resource Conservation and Recovery, for decontamination activity occurring in more
than one EPA Region. Each application
must contain a description of the material to be decontaminated, the nature
and PCB concentration of the contaminating material (if known), the decontamination method, the proposed sampling procedure, and a justification for
how the proposed sampling is equivalent to or more comprehensive than
the sampling procedure required under
paragraph (f) of this section.
(4) EPA may request additional information that it believes necessary to
evaluate the application.

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Environmental Protection Agency

§ 761.80

(5) EPA will issue a written decision
on each application for risk-based decontamination or sampling. No person
may conduct decontamination or sampling under this paragraph prior to obtaining written approval from EPA.
EPA will approve an application if it
finds that the proposed decontamination or sampling method will not pose
an unreasonable risk of injury to
health or the environment.
[63 FR 35457, June 29, 1998, as amended at 64
FR 33761, June 24, 1999; 72 FR 57240, Oct. 9,
2007; 74 FR 30233, June 25, 2009]

Subpart E—Exemptions

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§ 761.80 Manufacturing,
processing
and distribution in commerce exemptions.
(a) The Administrator grants the following petitioner(s) an exemption for 1
year to process and distribute in commerce PCBs for use as a mounting medium in microscopy:
(1) McCrone Accessories Components,
Division of Walter C. McCrone Associates, Inc., 2820 South Michigan Avenue,
Chicago, IL. 60616.
(2) [Reserved]
(b) The Administrator grants the following petitioner(s) an exemption for 1
year to process and distribute in commerce PCBs for use as a mounting medium in microscopy, an immersion oil
in low fluorescence microscopy and an
optical liquid:
(1) R.P. Cargille Laboratories, Inc., 55
Commerce Road, Cedar Grove, N.J.
07009.
(2) [Reserved]
(c) The Administrator grants the following petitioner(s) an exemption for 1
year to export PCBs for use in small
quantities for research and development:
(1) Accu-Standard, New Haven, CT.
06503.
(2) ManTech, Research Triangle
Park, NC 27709.
(d) The Administrator grants the following petitioner(s) an exemption for 1
year to import (manufacture) into the
United States, small quantities of existing PCB fluids from electrical equipment for analysis:
(1) Unison Transformer Services,
Inc., Tarrytown, N.Y. 10591, provided

each of the following conditions are
met:
(i) The samples must be shipped in 5.0
ml or less, hermetically sealed vials.
(ii) The exemption is limited to no
more than 250 total samples per year.
(iii) Unison makes quarterly inspections of its laboratories to ensure that
proper safety procedures are being followed.
(iv) Unison annually notifies and describes to EPA its attempts to have
samples analyzed abroad.
(2) [Reserved]
(e) The Administrator grants a class
exemption to all research and development (R&D) facilities for a period of 1
year to manufacture or import PCBs
for use solely in the manufacturer or
importer’s own research for the development of PCB disposal technologies.
Each person that wishes to be part of
the exemption must meet the following
conditions:
(1) A petition for an exemption from
the PCB prohibition on manufacturing
PCBs must be received by EPA 60 days
prior to engaging in these activities.
(2) Requests for renewal must be filed
pursuant to § 750.11 of this chapter.
EPA will deem any properly filed request for the renewal of the exemption
by any member of the class as a renewal request for the entire class.
(3) The quantity of the PCBs manufactured annually must not exceed 500
grams by total weight of pure PCBs.
Any person who wishes to manufacture
or import more than 500 grams of PCBs
in 1 year must receive written approval
from the Director, National Program
Chemicals Division to exceed the limitations established by this provision.
The
Director,
National
Program
Chemicals Division may grant approval
without further rulemaking. Any increase granted will be in writing and
will extend only for a maximum of the
time remaining in a specific exemption
year.
(4) The owner or operator of the facility must notify the EPA Regional Administrator in writing 30 days prior to
the commencement of R&D activities
that include the manufacture or import of PCBs under the exemption, unless the facility has obtained a PCB
R&D approval from EPA pursuant to
§ 761.60(e), § 761.60(i)(2), § 761.70(a), or

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§ 761.80

40 CFR Ch. I (7–1–18 Edition)

§ 761.70(b) and the approval contains a
provision allowing the manufacture of
PCBs.
(5) Records are maintained of their
PCB activities for a period of 3 years
after ceasing operations. The records
must include the sources and the annual amounts of PCBs received if imported and the type and annual amount
of PCBs that were manufactured.
(6) All PCBs and materials containing PCBs, regardless of concentration, remaining from the disposal-related studies must be disposed of according to § 761.60(j)(1)(vi), or decontaminated pursuant to § 761.79, based on
the original PCB concentration.
(f) The Administrator grants the following petitioner(s) an exemption for 1
year to manufacture PCBs for use in
small quantities for research and development:
(1) California Bionuclear Corp., Sun
Valley, CA 91352 (ME–13).
(2) Foxboro Co., North Haven, CT
06473 (ME–6).
(3) ULTRA-Scientific, Inc.,Hope, RI
02831 (ME–99.1).
(4) Midwest Research Institute, Kansas City, MO 64110 (ME–70.1).
(5) Pathfinder Laboratories, St.
Louis, MO 63146 (A division of Sigma
Aldridge Corporation, St. Louis, MO,
63178 (ME–76).
(6) Radian Corp., Austin, TX 78766
(ME–81.2).
(7) Wellington Sciences USA, College
Station, TX 77840 (ME–104.1).
(8) Accu-Standard, 25 Science Park,
New Haven, CT. 06503.
(g) The Administrator grants a class
exemption to all processors and distributors of PCBs in small quantities
for research and development provided
that the following conditions are met:
(1) All processors and distributors
must maintain records of their PCB activities for a period of 5 years.
(2) Any person or company which expects to process or distribute in commerce 100 grams (.22 lb) or more PCBs
in 1 year must report to EPA identifying the sites of PCB activities and
the quantity of PCBs to be processed or
distributed in commerce.
(h) The Administrator grants the following petitioners an exemption for 1
year to process and distribute in commerce PCBs for analytical reference

samples derived from actual waste materials:
(1) R.T. Corporation, Laramie, WY
82070.
(2) [Reserved]
(i) The Administrator grants a class
exemption to all persons who manufacture, import, process, distribute in
commerce, or export PCBs, or analytical reference samples derived from
PCB waste material, provided the PCBs
are manufactured, imported, processed,
distributed in commerce, or exported
solely for the purpose of R&D and the
following conditions are met:
(1) Notification in the form of a petition for an exemption from the PCB
prohibitions on manufacture, import,
processing, distribution in commerce,
or export is received by EPA 60 days
prior to engaging in these activities.
(2) Requests for renewal are filed pursuant to §§ 750.11 and 750.31 of this chapter. EPA will deem any properly filed
request for the renewal of the exemption by any member of the class as a
renewal request for the entire class.
(3) The PCBs are packaged in one or
more hermetically sealed containers of
a volume of no more than 5.0 ml each.
Analytical reference samples derived
from PCB waste material may be packaged in a container larger than 5.0 ml
when packaged pursuant to applicable
DOT performance standards.
(4) The quantity of PCBs manufactured, imported, processed, distributed
in commerce, or exported annually
must not exceed 500 grams by total
weight of pure PCBs. Any person who
expects to manufacture, import, process, distribute in commerce, or export
more than 500 grams of PCBs in 1 year
or to exceed the 5.0 ml packaging requirement must obtain a written approval from the Director, National Program Chemicals Division and must
identify the sites of PCB activities and
the quantity of PCBs to be manufactured, imported, processed, distributed
in commerce, or exported. Each request
must include a justification. The Director, National Program Chemicals
Division, may grant approval without
further rulemaking. Any increase
granted will be in writing and will extend only for a maximum of the time
remaining in a specific exemption year.

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Environmental Protection Agency

§ 761.91

(5) All treated and untreated PCB
regulated material and material coming into contact with regulated material must be stored and disposed of according to subpart D of this part, or decontaminated pursuant to § 761.79.
(6) All PCB materials must be distributed in DOT-authorized packaging.
(7) Records are maintained of their
PCB activities for a period of 3 years
after ceasing operations. The records
must include the sources and the annual amounts of PCBs received if imported, the annual amount of PCBs
that were manufactured, the annual
amount of PCBs that were processed
and/or distributed in commerce (to include export), and the persons to whom
the PCBs were shipped.
(j) The Administrator grants the
United States Defense Logistics Agency’s April 23, 2013 petition for an exemption for 1 year beginning on October 1, 2014, to import up to 1,014,222
pounds of PCBs and PCB Items stored
or in use in Japan as identified in its
petition for disposal.
(k)–(l) [Reserved]
(m) The Administrator grants the
following petitioner(s) an exemption
for 1 year to process and export small
quantities of PCBs for research and development:
(1) Chem Service, Inc., West Chester,
PA 19380 (PDE–41).
(2) Foxboro Co., North Haven, CT
06473 (ME–6).
(3) PolyScience Corp., Niles, IL 60648
(PDE–178).
(4) ULTRA-Scientific, Inc., Hope, RI
02831 (PDE–282.1).
(5) Supelco, Inc., Bellefonte, PA
16823–0048 (PDE–41.2).
(6) Radian Corp., Austin, TX 78766
(PDE–182.1).
(7) Restek Corporation, Bellefonte,
PA
(n) The 1–year exemption granted to
petitioners in paragraphs (a) through
(c)(1), (d), (f), and (m)(1) through (m)(6)
of this section shall be renewed automatically as long as there is no increase in the amount of PCBs to be
processed and distributed, imported
(manufactured), or exported, nor any
change in the manner of processing and
distributing,
importing
(manufacturing), or exporting of PCBs. If there
is such a change, a new exemption peti-

tion must be submitted to EPA and it
will be addressed through an exemption
rulemaking. In such a case, the activities granted under the existing exemption may continue until the new petition is addressed by rulemaking, but
must conform to the terms of the existing exemption approved by EPA. The 1–
year exemption granted to petitioners
in paragraphs (c)(2), (h) and (m)(7) of
this section may be extended pursuant
to 40 CFR 750.11(e) or 750.31(e).
(o) The 1–year class exemption granted to all processors and distributors of
PCBs in small quantities for research
and development in paragraph (g) of
this section shall be renewed automatically unless information is submitted
affecting EPA’s conclusion that the
class exemption, or the activities of
any individual or company included in
the exemption, will not pose an unreasonable risk of injury to health or the
environment. EPA will evaluate the information, issue a proposed rule for
public comment, and issue a final rule
affecting the class exemption or individuals or companies included in the
class exemption. Until EPA issues a
final rule, individuals and companies
included in the class exemption will be
allowed to continue processing and distributing PCBs in small quantities for
research and development.
[55 FR 38999, Sept. 24, 1990, as amended at 59
FR 16998, Apr. 11, 1994; 63 FR 35460, June 29,
1998; 68 FR 4941, Jan. 31, 2003; 72 FR 53158,
Sept. 18, 2007; 79 FR 58270, Sept. 29, 2014]

Subpart F—Transboundary
Shipments of PCBs for Disposal
SOURCE: 61 FR 11107, Mar. 18, 1996, unless
otherwise noted.

§ 761.91

Applicability.

This subpart establishes requirements under section 6 of TSCA applicable to the transboundary shipments of
PCBs and PCB Items into and out of
the United States for disposal. Nothing
in this subpart is intended to obviate
or otherwise alter obligations applicable to imported or exported PCBs and
PCB Items under foreign laws, international agreements or arrangements,
other United States statutes and regulations, other sections of TSCA (e.g.,

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§ 761.93

40 CFR Ch. I (7–1–18 Edition)

sections 13 and 14), or laws of the various States of the United States. No
provision of this section shall be construed to affect or limit the applicability of any requirement applicable to
transporters of PCB waste under regulations issued by the U.S. Department
of Transportation (DOT) and set forth
at 49 CFR parts 171-180.

United States, provided that the PCB
waste or the PCBs from which the
waste was derived were present in the
United States on January 1, 1979, and
have remained within the United
States since that date.

§ 761.93 Import for disposal.
(a) General provisions. No person may
import PCBs or PCB Items for disposal
without an exemption issued under the
authority of TSCA section 6(e)(3).
(b) [Reserved]

Subpart G—PCB Spill Cleanup
Policy

[63 FR 35460, June 29, 1998]

§ 761.97 Export for disposal.
(a) General provisions. No person
may export PCBs or PCB Items for disposal without an exemption, except
that:
(1) PCBs and PCB Items at concentrations <50 ppm (or <10 μg PCB/100
cm2 if no free-flowing liquids are
present) may be exported for disposal.
(2) For the purposes of this section,
PCBs and PCB Items of unknown concentrations shall be treated as if they
contain ≥50 ppm.
(b) [Reserved]

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[61 FR 11107, Mar. 18, 1996, as amended at 63
FR 35460, June 29, 1998]

§ 761.99 Other transboundary shipments.
For purposes of this subpart, the following transboundary shipments are
not considered exports or imports:
(a) PCB waste generated in the
United States, transported outside the
Customs Territory of the United States
(including any residuals resulting from
cleanup of spills of such wastes in transit) through another country or its territorial waters, or through international waters, and returned to the
United States for disposal.
(b) PCB waste in transit, including
any residuals resulting from cleanup of
spills during transit, through the
United States (e.g., from Mexico to
Canada, from Canada to Mexico).
(c) PCB waste transported from any
State to any other State for disposal,
regardless of whether the waste enters
or leaves the customs territory of the

[63 FR 35461, June 29, 1998, as amended at 66
FR 17478, Mar. 30, 2001]

SOURCE: 52 FR 10705, Apr. 2, 1987, unless
otherwise noted.

§ 761.120

Scope.

(a) General. This policy establishes
criteria EPA will use to determine the
adequacy of the cleanup of spills resulting from the release of materials
containing PCBs at concentrations of
50 ppm or greater. The policy applies to
spills which occur after May 4, 1987.
(1) Existing spills (spills which occurred prior to May 4, 1987, are excluded from the scope of this policy for
two reasons:
(i) For old spills which have already
been discovered, this policy is not intended to require additional cleanup
where a party has already cleaned a
spill in accordance with requirements
imposed by EPA through its regional
offices, nor is this policy intended to
interfere with ongoing litigation of enforcement actions which bring into
issue PCB spills cleanup.
(ii) EPA recognizes that old spills
which are discovered after the effective
date of this policy will require site-bysite evaluation because of the likelihood that the site involves more pervasive PCB contamination than fresh
spills and because old spills are generally more difficult to clean up than
fresh spills (particularly on porous surfaces such as concrete). Therefore,
spills which occurred before the effective date of this policy are to be decontaminated to requirements established
at the discretion of EPA, usually
through its regional offices.
(2) EPA expects most PCB spills subject to the TSCA PCB regulations to
conform to the typical spill situations
considered in developing this policy.
This policy does, however, exclude
from application of the final numerical

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Environmental Protection Agency

§ 761.120

cleanup standards certain spill situations from its scope: Spills directly
into surface waters, drinking water,
sewers, grazing lands, and vegetable
gardens. These types of spills are subject to final cleanup standards to be established at the discretion of the regional office. These spills are, however,
subject to the immediate notification
requirements and measures to minimize further environmental contamination.
(3) For all other spills, EPA generally
expects the decontamination standards
of this policy to apply. Occasionally,
some small percentage of spills covered
by this policy may warrant more stringent cleanup requirements because of
additional routes of exposure or significantly greater exposures than those assumed in developing the final cleanup
standards of this policy. While the EPA
regional offices have the authority to
require additional cleanup in these circumstances, the Regional Administrator must first make a finding based
on the specific facts of a spill that additional cleanup must occur to prevent
unreasonable risk. In addition, before a
final decision is made to require additional cleanup, the Regional Administrator must notify the Director, Office
of Resource Conservation and Recovery
of his/her finding and the basis for the
finding.
(4) There may also be exceptional
spill situations that requires less stringent cleanup or a different approach to
cleanup because of factors associated
with the particular spill. These factors
may mitigate expected exposures and
risks or make cleanup to these requirements impracticable.
(b) Spills that may require more stringent cleanup levels. For spills within the
scope of this policy, EPA generally retains, under § 761.135, the authority to
require additional cleanup upon finding
that, despite good faith efforts by the
responsible party, the numerical decontamination levels in the policy
have not been met. In addition, EPA
foresees the possibility of exceptional
spill situations in which site-specific
risk factors may warrant additional
cleanup to more stringent numerical
decontamination levels than are required by the policy. In these situations, the Regional Administrator has

the authority to require cleanup to levels lower than those included in this
policy upon finding that further cleanup must occur to prevent unreasonable
risk. The Regional Administrator will
consult with the Director, Office of Resource Conservation and Recovery,
prior to making such a finding.
(1) For example, site-specific characteristics, such as short depth to ground
water, type of soil, or the presence of a
shallow well, may pose exceptionally
high potential for ground water contamination by PCBs remaining after
cleanup to the standards specified in
this policy. Spills that pose such a high
degree of potential for ground water
contamination have not been excluded
from the policy under paragraph (d) of
this section because the presence of
such potential may not be readily apparent. EPA feels that automatically
excluding such spills from the scope of
the policy could result in the delay of
cleanup—a particularly undesirable
outcome if potential ground water contamination is, in fact, a significant
concern.
(2) In those situations, the Regional
Administrator may require cleanup in
addition to that required under
§ 761.125(b) and (c). However, the Regional Administrator must first make
a finding, based on the specific facts of
a spill, that additional cleanup is necessary to prevent unreasonable risk. In
addition, before making a final decision on additional cleanup, the Regional Administrator must notify the
Director, Office of Resource Conservation and Recovery of his finding and
the basis for the finding.
(c) Flexibility to allow less stringent or
alternative requirements. EPA retains
the flexibility to allow less stringent or
alternative decontamination measures
based upon site-specific considerations.
EPA will exercise this flexibility if the
responsible party demonstrates that
cleanup to the numerical decontamination levels is clearly unwarranted because of risk-mitigating factors, that
compliance with the procedural requirements or numerical standards in
the policy is impracticable at a particular site, or that site-specific characteristics make the costs of cleanup
prohibitive. The Regional Administrator will notify the Director, Office

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§ 761.123

40 CFR Ch. I (7–1–18 Edition)

of Resource Conservation and Recovery
of any decision and the basis for the decision to allow less stringent cleanup.
The purpose of this notification is to
enable the Director, Office of Resource
Conservation and Recovery to ensure
consistency of spill cleanup standards
under special circumstances across the
regions.
(d) Excluded spills. (1) Although the
spill situations in paragraphs (d)(2) (i)
through (vi) of this section are excluded from the automatic application
of final decontamination standards
under § 761.125 (b) and (c), the general
requirements under § 761.125(a) do apply
to these spills. In addition, all of these
excluded
situations
require
practicable, immediate actions to contain
the area of contamination. While these
situations may not always require
more stringent cleanup measures, the
Agency is excluding these scenarios because they will always involve significant factors that may not be adequately addressed by cleanup standards
based upon typical spill characteristics.
(2) For the spill situations in paragraphs (d)(2)(i) through (vi) of this section, the responsible party shall decontaminate the spill in accordance with
site-specific requirements established
by the EPA regional offices.
(i) Spills that result in the direct
contamination of surface waters (surface waters include, but are not limited
to, ‘‘waters of the United States’’ as
defined in part 122 of this chapter,
ponds, lagoons, wetlands, and storage
reservoirs).
(ii) Spills that result in the direct
contamination of sewers or sewage
treatment systems.
(iii) Spills that result in the direct
contamination of any private or public
drinking water sources or distribution
systems.
(iv) Spills which migrate to and contaminate surface waters, sewers, or
drinking water supplies before cleanup
has been completed in accordance with
this policy.
(v) Spills that contaminate animal
grazing lands.
(vi) Spills that contaminate vegetable gradens.
(e) Relationship of policy to other statutes. (1) This policy does not affect

cleanup standards or requirements for
the reporting of spills imposed, or to be
imposed, under other Federal statutory
authorities, including but not limited
to, the Clean Water Act (CWA), the Resource Conservation and Recovery Act
(RCRA), and the Comprehensive Environmental Response Compensation and
Liability Act of 1980 (CERCLA) as
amended by the Superfund Amendments
and
Reauthorization
Act
(SARA). Where more than one requirement applies, the stricter standard
must be met.
(2) The Agency recognizes that the
existence of this policy will inevitably
result in attempts to apply the standards to situations within the scope of
other statutory authorities. However,
other statutes require the Agency to
consider different or alternative factors in determining appropriate corrective actions. In addition, the types and
magnitudes of exposures associated
with sites requiring corrective action
under other statutes often involve important differences from those expected of the typical, electrical equipment-type spills considered in developing this policy. Thus, cleanups under
other statutes, such as RCRA corrective actions or remedial and response
actions under SARA may result in different outcomes.
[52 FR 10705, Apr. 2, 1987, as amended at 72
FR 57241, Oct. 9, 2007; 74 FR 30234, June 25,
2009]

§ 761.123 Definitions.
For purposes of this policy, certain
words and phrases are used to denote
specific materials, procedures, or circumstances. The following definitions
are provided for purposes of clarity and
are not to be taken as exhaustive lists
of situations and materials covered by
the policy.
Double wash/rinse means a minimum
requirement to cleanse solid surfaces
(both impervious and nonimpervious)
two times with an appropriate solvent
or other material in which PCBs are at
least 5 percent soluble (by weight). A
volume of PCB-free fluid sufficient to
cover the contaminated surface completely must be used in each wash/
rinse. The wash/rinse requirement does
not mean the mere spreading of solvent
or other fluid over the surface, nor does

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Environmental Protection Agency

§ 761.123

the requirement mean a once-over wipe
with a soaked cloth. Precautions must
be taken to contain any runoff resulting from the cleansing and to dispose
properly of wastes generated during
the cleansing.
High-concentration PCBs means PCBs
that contain 500 ppm or greater PCBs,
or those materials which EPA requires
to be assumed to contain 500 ppm or
greater PCBs in the absence of testing.
High-contact industrial surface means
a surface in an industrial setting which
is repeatedly touched, often for relatively long periods of time. Manned
machinery and control panels are examples of high-contact industrial surfaces. High-contact industrial surfaces
are generally of impervious solid material. Examples of low-contact industrial surfaces include ceilings, walls,
floors, roofs, roadways and sidewalks
in the industrial area, utility poles, unmanned machinery, concrete pads beneath electrical equipment, curbing,
exterior structural building components, indoor vaults, and pipes.
High-contact residential/commercial surface means a surface in a residential/
commercial area which is repeatedly
touched, often for relatively long periods of time. Doors, wall areas below 6
feet in height, uncovered flooring,
windowsills, fencing, bannisters, stairs,
automobiles, and children’s play areas
such as outdoor patios and sidewalks
are examples of high-contact residential/commercial surfaces. Examples of
low-contact
residential/commercial
surfaces include interior ceilings, interior wall areas above 6 feet in height,
roofs, asphalt roadways, concrete roadways, wooden utility poles, unmanned
machinery, concrete pads beneath electrical equipment, curbing, exterior
structural building components (e.g.,
aluminum/vinyl siding, cinder block,
asphalt tiles), and pipes.
Impervious solid surfaces means solid
surfaces which are nonporous and thus
unlikely to absorb spilled PCBs within
the short period of time required for
cleanup of spills under this policy. Impervious solid surfaces include, but are
not limited to, metals, glass, aluminum siding, and enameled or laminated surfaces.
Low-concentration PCBs means PCBs
that are tested and found to contain

less than 500 ppm PCBs, or those PCBcontaining materials which EPA requires to be assumed to be at concentrations below 500 ppm (i.e., untested mineral oil dielectric fluid).
Nonimpervious solid surfaces means
solid surfaces which are porous and are
more likely to absorb spilled PCBs
prior to completion of the cleanup requirements prescribed in this policy.
Nonimpervious solid surfaces include,
but are not limited to, wood, concrete,
asphalt, and plasterboard.
Nonrestricted access areas means any
area other than restricted access, outdoor electrical substations, and other
restricted access locations, as defined
in this section. In addition to residential/commercial areas, these areas include unrestricted access rural areas
(areas of low density development and
population where access is uncontrolled by either man-made barriers or
naturally occurring barriers, such as
rough terrain, mountains, or cliffs).
Other restricted access (nonsubstation)
locations means areas other than electrical substations that are at least 0.1
kilometer (km) from a residential/commercial area and limited by man-made
barriers (e.g., fences and walls) to substantially limited by naturally occurring barriers such as mountains, cliffs,
or rough terrain. These areas generally
include industrial facilities and extremely remote rural locations. (Areas
where access is restricted but are less
than 0.1 km from a residential/commercial area are considered to be residential/commercial areas.)
Outdoor electrical substations means
outdoor, fenced-off, and restricted access areas used in the transmission
and/or distribution of electrical power
Outdoor electrical substations restrict
public access by being fenced or walled
off as defined under § 761.30(l)(1)(ii). For
purposes of this TSCA policy, outdoor
electrical substations are defined as
being located at least 0.1 km from a
residential/commercial area. Outdoor
fenced-off and restricted access areas
used in the transmission and/or distribution of electrical power which are
located less than 0.1. km from a residential/commercial area are considered
to be residential/commercial areas.
PCBs
means
polychlorinated
biphenyls as defined under § 761.3. As

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§ 761.125

40 CFR Ch. I (7–1–18 Edition)

specified under § 761.1(b), no requirements may be avoided through dilution
of the PCB concentration.
Requirements and standards means:
(1) ‘‘Requirements’’ as used in this
policy refers to both the procedural responses and numerical decontamination levels set forth in this policy as
constituting adequate cleanup of PCBs.
(2) ‘‘Standards’’ refers to the numerical decontamination levels set forth in
this policy.
Residential/commercial areas means
those areas where people live or reside,
or where people work in other than
manufacturing or farming industries.
Residential areas include housing and
the property on which housing is located, as well as playgrounds, roadways, sidewalks, parks, and other similar areas within a residential community. Commercial areas are typically
accessible to both members of the general public and employees and include
public assembly properties, institutional properties, stores, office buildings, and transportation centers.
Responsible party means the owner of
the PCB equipment, facility, or other
source of PCBs or his/her designated
agent (e.g., a facility manager or foreman).
Soil means all vegetation, soils and
other ground media, including but not
limited to, sand, grass, gravel, and oyster shells. It does not include concrete
and asphalt.
Spill means both intentional and unintentional spills, leaks, and other uncontrolled discharges where the release
results in any quantity of PCBs running off or about to run off the external surface of the equipment or other
PCB source, as well as the contamination resulting from those releases. This
policy applies to spills of 50 ppm or
greater PCBs. The concentration of
PCBs spilled is determined by the PCB
concentration in the material spilled
as opposed to the concentration of
PCBs in the material onto which the
PCBs were spilled. Where a spill of untested mineral oil occurs, the oil is presumed to contain greater than 50 ppm,
but less than 500 ppm PCBs and is subject to the relevant requirements of
this policy.
Spill area means the area of soil on
which visible traces of the spill can be

observed plus a buffer zone of 1 foot beyond the visible traces. Any surface or
object (e.g., concrete sidewalk or automobile) within the visible traces area
or on which visible traces of the spilled
material are observed is included in
the spill area. This area represents the
minimum area assumed to be contaminated by PCBs in the absence of
precleanup sampling data and is thus
the minimum area which must be
cleaned.
Spill boundaries means the actual
area of contamination as determined
by postcleanup verification sampling
or by precleanup sampling to determine actual spill boundaries. EPA can
require additional cleanup when necessary to decontaminate all areas within the spill boundaries to the levels required in this policy (e.g., additional
cleanup will be required if postcleanup
sampling indicates that the area decontaminated by the responsible party,
such as the spill area as defined in this
section, did not encompass the actual
boundaries of PCB contamination).
Standard wipe test means, for spills of
high-concentration PCBs on solid surfaces, a cleanup to numerical surface
standards and sampling by a standard
wipe test to verify that the numerical
standards have been met. This definition constitutes the minimum requirements for an appropriate wipe testing
protocol. A standard-size template (10
centimeters (cm) × 10 cm) will be used
to delineate the area of cleanup; the
wiping medium will be a gauze pad or
glass wool of known size which has
been saturated with hexane. It is important that the wipe be performed
very quickly after the hexane is exposed to air. EPA strongly recommends
that the gauze (or glass wool) be prepared with hexane in the laboratory
and that the wiping medium be stored
in sealed glass vials until it is used for
the wipe test. Further, EPA requires
the collection and testing of field
blanks and replicates.
[52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19,
1987]

§ 761.125 Requirements for PCB spill
cleanup.
(a) General. Unless expressly limited,
the reporting, disposal, and precleanup
sampling requirements in paragraphs

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Environmental Protection Agency

§ 761.125

(a) (1) through (3) of this section apply
to all spills of PCBs at concentrations
of 50 ppm or greater which are subject
to
decontamination
requirements
under TSCA, including those spills listed under § 761.120(b) which are excluded
from the cleanup standards at paragraphs (b) and (c) of this section.
(1) Reporting requirements. The reporting in paragraphs (a)(1) (i) through (iv)
of this section is required in addition
to applicable reporting requirements
under the Clean Water Act (CWA) or
the Comprehensive Environmental Response Compensation and Liability Act
of 1980 (CERCLA). For example, under
the National Contingency Plan all
spills involving 1 pound or more by
weight of PCBs must currently be reported to the National Response Center
(1-800-424-8802). The requirements in
paragraphs (a)(1) (i) through (iv) of this
section are designed to be consistent
with existing reporting requirements
to the extent possible so as to minimize reporting burdens on governments
as well as the regulated community.
(i) Where a spill directly contaminates surface water, sewers, or drinking water supplies, as discussed under
§ 761.120(d), the responsible party shall
notify the appropriate EPA regional office and obtain guidance for appropriate cleanup measures in the shortest
possible time after discovery, but in no
case later than 24 hours after discovery.
(ii) Where a spill directly contaminates grazing lands or vegetable gardens, as discussed under § 761.120(d), the
responsible party shall notify the appropriate EPA regional office and proceed with the immediate requirements
specified under paragraph (b) or (c) of
this section, depending on the source of
the spill, in the shortest possible time
after discovery, but in no case later
than 24 hours after discovery.
(iii) Where a spill exceeds 10 pounds
of PCBs by weight and is not addressed
in paragraph (a)(1) (i) or (ii) of this section, the responsible party will notify
the appropriate EPA regional office
and proceed to decontaminate the spill
area in accordance with this TSCA policy in the shortest possible time after
discovery, but in no case later than 24
hours after discovery.

(iv) Spills of 10 pounds or less, which
are not addressed in paragraph (a)(1) (i)
or (ii) of this section, must be cleaned
up in accordance with this policy (in
order to avoid EPA enforcement liability), but notification of EPA is not required.
(2) Disposal of cleanup debris and materials. All concentrated soils, solvents,
rags, and other materials resulting
from the cleanup of PCBs under this
policy shall be properly stored, labeled,
and disposed of in accordance with the
provisions of subpart D of this part.
(3) Determination of spill boundaries in
the absence of visible traces. For spills
where there are insufficient visible
traces yet there is evidence of a leak or
spill, the boundaries of the spill are to
be determined by using a statistically
based sampling scheme.
(b) Requirements for cleanup of lowconcentration spills which involve less
than 1 pound of PCBs by weight (less
than 270 gallons of untested mineral oil)—
(1) Decontamination requirements. Spills
of less than 270 gallons of untested
mineral oil, low-concentration PCBs,
as defined under § 761.123, which involve
less than 1 pound of PCBs by weight
(e.g., less than 270 gallons of untested
mineral oil containing less than 500
ppm PCBs) shall be cleaned in the following manner:
(i) Solid surfaces must be double
washed/rinsed
(as
defined
under
§ 761.123); except that all indoor, residential surfaces other than vault areas
must be cleaned to 10 micrograms per
100 square centimeters (10 μg/100 cm2)
by standard commercial wipe tests.
(ii) All soil within the spill area (i.e.,
visible traces of soil and a buffer of 1
lateral foot around the visible traces)
must be excavated, and the ground be
restored to its original configuration
by back-filling with clean soil (i.e.,
containing less than 1 ppm PCBs).
(iii) Requirements of paragraphs
(b)(1) (i) and (ii) of this section must be
completed within 48 hours after the responsible party was notified or became
aware of the spill.
(2) Effect of emergency or adverse
weather. Completion of cleanup may be
delayed beyond 48 hours in case of circumstances including but not limited
to, civil emergency, adverse weather
conditions, lack of access to the site,

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§ 761.125

40 CFR Ch. I (7–1–18 Edition)

and emergency operating conditions.
The occurrence of a spill on a weekend
or overtime costs are not acceptable
reasons to delay response. Completion
of cleanup may be delayed only for the
duration of the adverse conditions. If
the adverse weather conditions, or
time lapse due to other emergency, has
left insufficient visible traces, the responsible party must use a statistically
based sampling scheme to determine
the spill boundaries as required under
paragraph (a)(3) of this section.
(3) Records and certification. At the
completion of cleanup, the responsible
party shall document the cleanup with
records and certification of decontamination. The records and certification must be maintained for a period
of 5 years. The records and certification shall consist of the following:
(i) Identification of the source of the
spill (e.g., type of equipment).
(ii) Estimated or actual date and
time of the spill occurrence.
(iii) The date and time cleanup was
completed or terminated (if cleanup
was delayed by emergency or adverse
weather: the nature and duration of
the delay).
(iv) A brief description of the spill location.
(v) Precleanup sampling data used to
establish the spill boundaries if required because of insufficient visible
traces, and a brief description of the
sampling methodology used to establish the spill boundaries.
(vi) A brief description of the solid
surfaces cleaned and of the double
wash/rinse method used.
(vii) Approximate depth of soil excavation and the amount of soil removed.
(viii) A certification statement
signed by the responsible party stating
that the cleanup requirements have
been met and that the information contained in the record is true to the best
of his/her knowledge.
(ix) While not required for compliance with this policy, the following information would be useful if maintained in the records:
(A) Additional pre- or post-cleanup
sampling.
(B) The estimated cost of the cleanup
by man-hours, dollars, or both.
(c) Requirements for cleanup of highconcentration spills and low-concentra-

tion spills involving 1 pound or more
PCBs by weight (270 gallons or more of
untested mineral oil). Cleanup of lowconcentration spills involving 1 lb or
more PCBs by weight and of all spills
of materials other than low-concentration materials shall be considered complete if all of the immediate requirements, cleanup standards, sampling,
and recordkeeping requirements of
paragraphs (c) (1) through (5) of this
section are met.
(1) Immediate requirements. The four
actions in paragraphs (c)(1) (i) through
(iv) of this section must be taken as
quickly as possible and within no more
than 24 hours (or within 48 hours for
PCB Transformers) after the responsible party was notified or became
aware of the spill, except that actions
described in paragraphs (c)(1) (ii)
through (iv) of this section can be delayed beyond 24 hours if circumstances
(e.g., civil emergency, hurricane, tornado, or other similar adverse weather
conditions, lack of access due to physical impossibility, or emergency operating conditions) so require for the duration of the adverse conditions. The
occurrence of a spill on a weekend or
overtime costs are not acceptable reasons to delay response. Owners of
spilled PCBs who have delayed cleanup
because of these types of circumstances
must keep records documenting the
fact that circumstances precluded
rapid response.
(i) The responsible party shall notify
the EPA regional office and the NRC as
required by § 761.125(a)(1) or by other
applicable statutes.
(ii) The responsible party shall effectively cordon off or otherwise delineate
and restrict an area encompassing any
visible traces plus a 3-foot buffer and
place clearly visible signs advising persons to avoid the area to minimize the
spread of contamination as well as the
potential for human exposure.
(iii) The responsible party shall
record and document the area of visible
contamination, noting the extent of
the visible trace areas and the center
of the visible trace area. If there are no
visible traces, the responsible party
shall record this fact and contact the
regional office of the EPA for guidance
in completing statistical sampling of

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Environmental Protection Agency

§ 761.125

the spill area to establish spill boundaries.
(iv) The responsible party shall initiate cleanup of all visible traces of the
fluid on hard surfaces and initiate removal of all visible traces of the spill
on soil and other media, such as gravel,
sand, oyster shells, etc.
(v) If there has been a delay in reaching the site and there are insufficient
visible traces of PCBs remaining at the
spill site, the responsible party must
estimate (based on the amount of material missing from the equipment or
container) the area of the spill and immediately cordon off the area of suspect contamination. The responsible
party must then utilize a statistically
based sampling scheme to identify the
boundaries of the spill area as soon as
practicable.
(vi) Although this policy requires
certain immediate actions, as described in paragraphs (c)(1)(i) through
(iv) of this section, EPA is not placing
a time limit on completion of the
cleanup effort since the time required
for completion will vary from case to
case. However, EPA expects that decontamination
will
be
achieved
promptly in all cases and will consider
promptness of completion in determining whether the responsible party
made good faith efforts to clean up in
accordance with this policy.
(2) Requirements for decontaminating
spills in outdoor electrical substations.
Spills which occur in outdoor electrical
substations, as defined under § 761.123,
shall be decontaminated in accordance
with paragraphs (c)(2) (i) and (ii) of this
section. Conformance to the cleanup
standards under paragraphs (c)(2) (i)
and (ii) of this section shall be verified
by post-cleanup sampling as specified
under § 761.130. At such times as outdoor electrical substations are converted to another use, the spill site
shall be cleaned up to the nonrestricted
access requirements under paragraph
(c)(4) of this section.
(i) Contaminated solid surfaces (both
impervious and non-impervious) shall
be cleaned to a PCB concentration of
100 micrograms (μg)/100 square centimeters (cm2) (as measured by standard
wipe tests).
(ii) At the option of the responsible
party, soil contaminated by the spill

will be cleaned either to 25 ppm PCBs
by weight, or to 50 ppm PCBs by weight
provided that a label or notice is visibly placed in the area. Upon demonstration by the responsible party
that cleanup to 25 ppm or 50 ppm will
jeopardize the integrity of the electrical equipment at the substation, the
EPA regional office may establish an
alternative cleanup method or level
and place the responsible party on a
reasonably timely schedule for completion of cleanup.
(3) Requirements for decontaminating
spills in other restricted access areas.
Spills which occur in restricted access
locations other than outdoor electrical
substations, as defined under § 761.123,
shall be decontaminated in accordance
with paragraphs (c)(3) (i) through (v) of
this section. Conformance to the cleanup standards in paragraphs (c)(3) (i)
through (v) of this section shall be
verified by postcleanup sampling as
specified under § 761.130. At such times
as restricted access areas other than
outdoor electrical substations are converted to another use, the spill site
shall be cleaned up to the nonrestricted
access area requirements of paragraph
(c)(4) of this section.
(i) High-contact solid surfaces, as defined under § 761.163 shall be cleaned to
10 μg/100 cm2 (as measured by standard
wipe tests).
(ii) Low-contact, indoor, impervious
solid surfaces will be decontaminated
to 10 μg/100 cm2.
(iii) At the option of the responsible
party, low-contact, indoor, nonimpervious surfaces will be cleaned either to
10 μg/100 cm2 or to 100 μg/100 cm2 and
encapsulated. The Regional Administrator, however, retains the authority
to disallow the encapsulation option
for a particular spill situation upon
finding that the uncertainties associated with that option pose special concerns at that site. That is, the Regional Administrator would not permit
encapsulation if he/she determined that
if the encapsulation failed the failure
would create an imminent hazard at
the site.
(iv) Low-contact, outdoor surfaces
(both impervious and nonimpervious)
shall be cleaned to 100 μg/100 cm2.

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§ 761.130

40 CFR Ch. I (7–1–18 Edition)

(v) Soil contaminated by the spill
will be cleaned to 25 ppm PCBs by
weight.
(4) Requirements for decontaminating
spills in nonrestricted access areas. Spills
which occur in nonrestricted access locations, as defined under § 761.123, shall
be decontaminated in accordance with
paragraphs (c)(4) (i) through (v) of this
section. Conformance to the cleanup
standards at paragraphs (c)(4) (i)
through (v) of this section shall be
verified by postcleanup sampling as
specified under § 761.130.
(i) Furnishings, toys, and other easily replaceable household items shall
be disposed of in accordance with the
provisions of subpart D of this part and
replaced by the responsible party.
(ii) Indoor solid surfaces and highcontact outdoor solid surfaces, defined
as high contact residential/commercial
surfaces under § 761.123, shall be cleaned
to 10 μg/100 cm2 (as measured by standard wipe tests).
(iii) Indoor vault areas and low-contact, outdoor, impervious solid surfaces
shall be decontaminated to 10 μg/100
cm2.
(iv) At the option of the responsible
party, low-contact, outdoor, nonimpervious solid surfaces shall be either
cleaned to 10 μg/100 cm2 or cleaned to
100 μg/100 cm2 and encapsulated. The
Regional Administrator, however, retains the authority to disallow the encapsulation option for a particular spill
situation upon finding that the uncertainties associated with that option
pose special concerns at that site. That
is, the Regional Administrator would
not permit encapsulation if he/she determined that if the encapsulation
failed the failure would create an imminent hazard at the site.
(v) Soil contaminated by the spill
will be decontaminated to 10 ppm PCBs
by weight provided that soil is excavated to a minimum depth of 10 inches.
The excavated soil will be replaced
with clean soil, i.e., containing less
than 1 ppm PCBs, and the spill site will
be restored (e.g., replacement of turf).
(5) Records. The responsible party
shall document the cleanup with
records
of
decontamination.
The
records must be maintained for a period of 5 years. The records and certification shall consist of the following:

(i) Identification of the source of the
spill, e.g., type of equipment.
(ii) Estimated or actual date and
time of the spill occurrence.
(iii) The date and time cleanup was
completed or terminated (if cleanup
was delayed by emergency or adverse
weather: the nature and duration of
the delay).
(iv) A brief description of the spill location and the nature of the materials
contaminated. This information should
include whether the spill occurred in
an outdoor electrical substation, other
restricted access location, or in a nonrestricted access area.
(v) Precleanup sampling data used to
establish the spill boundaries if required because of insufficient visible
traces and a brief description of the
sampling methodology used to establish the spill boundaries.
(vi) A brief description of the solid
surfaces cleaned.
(vii) Approximate depth of soil excavation and the amount of soil removed.
(viii) Postcleanup verification sampling data and, if not otherwise apparent from the documentation, a brief description of the sampling methodology
and analytical technique used.
(ix) While not required for compliance with this policy, information on
the estimated cost of cleanup (by manhours, dollars, or both) would be useful
if maintained in the records.
[52 FR 10705, Apr. 2, 1987, as amended at 53
FR 40884, Oct. 19, 1988; 63 FR 35461, June 29,
1998; 72 FR 57241, Oct. 9, 2007]

§ 761.130

Sampling requirements.

Postcleanup sampling is required to
verify the level of cleanup under
§ 761.125(c) (2) through (4). The responsible party may use any statistically
valid, reproducible, sampling scheme
(either random samples or grid samples) provided that the requirements of
paragraphs (a) and (b) of this section
are satisfied.
(a) The sampling area is the greater
of (1) an area equal to the area cleaned
plus an additional 1-foot boundary, or
(2) an area 20 percent larger than the
original area of contamination.
(b) The sampling scheme must ensure
95 percent confidence against false
positives.

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Environmental Protection Agency

§ 761.180

(c) The number of samples must be
sufficient to ensure that areas of contamination of a radius of 2 feet or more
within the sampling area will be detected, except that the minimum number of samples is 3 and the maximum
number of samples is 40.
(d) The sampling scheme must include calculation for expected variability due to analytical error.
(e) EPA recommends the use of a
sampling scheme developed by the Midwest Research Institute (MRI) for use
in
enforcement
inspections:
‘‘Verification of PCB Spill Cleanup by
Sampling and Analysis.’’ Guidance for
the use of this sampling scheme is
available in the MRI report ‘‘Field
Manual for Grid Sampling of PCB Spill
Sites to Verify Cleanup.’’ Both the MRI
sampling scheme and the guidance document are available on EPA’s PCB Web
site at http://www.epa.gov/pcb, or from
the Program Management, Communications, and Analysis Office, Office of
Resource Conservation and Recovery
(5305P), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. The major
advantage of this sampling scheme is
that it is designed to characterize the
degree of contamination within the entire sampling area with a high degree
of confidence while using fewer samples than any other grid or random
sampling
scheme.
This
sampling
scheme also allows some sites to be
characterized on the basis of composite
samples.
(f) EPA may, at its discretion, take
samples from any spill site. If EPA’s
sampling indicates that the remaining
concentration level exceeds the required level, EPA will require further
cleanup. For this purpose, the numerical level of cleanup required for spills
cleaned in accordance with § 761.125(b)
is deemed to be the equivalent of numerical cleanup requirements required
for cleanups under § 761.125(c) (2)
through (4). Using its best engineering
judgment, EPA may sample a statistically valid random or grid sampling
technique, or both. When using engineering judgment or random ‘‘grab’’
samples, EPA will take into account
that there are limits on the power of a
grab sample to dispute statistically
based sampling of the type required of
the responsible party. EPA head-

quarters will provide guidance to the
EPA regions on the degree of certainty
associated with various grab sample results.
[52 FR 10705, Apr. 2, 1987, as amended at 60
FR 34465, July 3, 1995; 72 FR 57241, Oct. 9,
2007; 74 FR 30234, June 25, 2009]

§ 761.135 Effect of compliance
this policy and enforcement.

(a) Although a spill of material containing 50 ppm or greater PCBs is considered improper PCB disposal, this
policy establishes requirements that
EPA considers to be adequate cleanup
of the spilled PCBs. Cleanup in accordance with this policy means compliance with the procedural as well as the
numerical requirements of this policy.
Compliance with this policy creates a
presumption against both enforcement
action for penalties and the need for
further cleanup under TSCA. The
Agency reserves the right, however, to
initiate appropriate action to compel
cleanup where, upon review of the
records of cleanup or EPA sampling
following cleanup, EPA finds that the
decontamination levels in the policy
have not been achieved. The Agency
also reserves the right to seek penalties where the Agency believes that
the responsible party has not made a
good faith effort to comply with all
provisions of this policy, such as
prompt notification of EPA of a spill,
recordkeeping, etc.
(b) EPA’s exercise of enforcement
discretion does not preclude enforcement action under other provisions of
TSCA or any other Federal statute.
This includes, even in cases where the
numerical decontamination levels set
forth in this policy have been met, civil
or criminal action for penalties where
EPA believes the spill to have been the
result of gross negligence or knowing
violation.

Subparts H–I [Reserved]
Subpart J—General Records and
Reports
§ 761.180

Records and monitoring.

This section contains recordkeeping
and reporting requirements that apply
to PCBs, PCB Items, and PCB storage

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§ 761.180

40 CFR Ch. I (7–1–18 Edition)

and disposal facilities that are subject
to the requirements of the part.
(a) PCBs and PCB Items in service or
projected for disposal. Beginning February 5, 1990, each owner or operator of
a facility, other than a commercial
storer or a disposer of PCB waste,
using or storing at any one time at
least 45 kilograms (99.4 pounds) of
PCBs contained in PCB Container(s), or
one or more PCB Transformers, or 50 or
more PCB Large High or Low Voltage
Capacitors shall develop and maintain
at the facility, or a central facility provided they are maintained at that facility, all annual records and the written annual document log of the disposition of PCBs and PCB Items. The written annual document log must be prepared for each facility by July 1 covering the previous calendar year (January through December). The annual
document log shall be maintained for
at least 3 years after the facility ceases
using or storing PCBs and PCB Items
in the quantities prescribed in this
paragraph. Annual records (manifests
and certificates of disposal) shall be
maintained for the same period. The
annual records and the annual document log shall be available for inspection at the facility where they are
maintained by authorized representatives of EPA during normal business
hours, and each owner or operator of a
facility subject to these requirements
shall know the location of these
records. All records and annual documents required to be prepared and
maintained by this section prior to
February 5, 1990 shall continue to be
maintained at the facility for the same
time as the annual records and the annual document log. The annual document required for 1989 shall cover the
period from January 1, 1989 to February 5, 1990.
(1) The annual records shall include
the following:
(i) All signed manifests generated by
the facility during the calendar year.
(ii) All Certificates of Disposal that
have been received by the facility during the calendar year.
(iii) Records of inspections and cleanups performed in accordance with
§ 761.65(c)(5).
(2) The written annual document log
shall include the following:

(i) The name, address, and EPA identification number of the facility covered by the annual document log and
the calendar year covered by the annual document log.
(ii) The unique manifest number of
every manifest generated by the facility during the calendar year, and from
each manifest and for unmanifested
waste that may be stored at the facility, the following information:
(A) For bulk PCB waste (e.g., in a
tanker or truck), its weight in kilograms, the first date it was removed
from service for disposal, the date it
was placed into transport for off-site
storage or disposal, and the date of disposal, if known.
(B) The serial number (if available)
or other means of identifying each PCB
Article (e.g., transformer or capacitor),
the weight in kilograms of the PCB
waste in each transformer or capacitor,
the date it was removed from service
for disposal, the date it was placed in
transport for off-site storage or disposal, and the date of disposal, if
known.
(C) A unique number identifying each
PCB Container, a description of the
contents of each PCB Container, such
as liquid, soil, cleanup debris, etc., including the total weight of the material in kilograms in each PCB Container, the first date material placed in
each PCB Container was removed from
service for disposal, and the date each
PCB Container was placed in transport
for off-site storage or disposal, and the
date of disposal (if known).
(D) A unique number identifying each
PCB Article Container, a description of
the contents of each PCB Article Container, such as pipes, capacitors, electric motors, pumps, etc., including the
total weight in kilograms of the content of each PCB Article Container, the
first date a PCB Article placed in each
PCB Article Container was removed
from service for disposal, and the date
the PCB Article Container was placed
in transport for off-site storage or disposal, and the date of disposal (if
known.)
(iii) The total number by specific
type of PCB Articles and the total
weight in kilograms of PCBs in PCB

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Environmental Protection Agency

§ 761.180

Articles, the total number of PCB Article Containers and total weight in kilograms of the contents of PCB Article
Containers, the total number of PCB
Containers and the total weight in
kilograms of the contents of PCB Containers, and the total weight in kilograms of bulk PCB waste that was
placed into storage for disposal or disposed during the calendar year.
(iv) The total number of PCB Transformers and total weight in kilograms
of PCBs contained in the transformers
remaining in service at the end of the
calendar year.
(v) The total number of Large High
or Low Voltage PCB Capacitors remaining in service at the end of the
calendar year.
(vi) The total weight in kilograms of
any PCBs and PCB Items in PCB Containers, including the identification of
container contents, remaining in service at the facility at the end of the calendar year.
(vii) For any PCBs or PCB item received from or shipped to another facility owned or operated by the same generator, the information required under
paragraph
(a)(2)(ii)(A)
through
(a)(2)(ii)(D) of this section.
(viii) [Reserved]
(ix) Whenever a PCB Item, excluding
small capacitors, with a concentration
of ≥50 ppm is distributed in commerce
for reuse pursuant to § 761.20(c)(1), the
name, address, and telephone number
of the person to whom the item was
transferred, date of transfer, and the
serial number of the item or the internal identification number, if a serial
number is not available, must be recorded in the annual document log.
The serial number or internal identification number shall be permanently
marked on the equipment.
(3) [Reserved]
(4) For purposes of this paragraph,
PCB Voltage Regulators shall be recorded as PCB Transformers.
(b) Disposers and commercial storers of
PCB waste. Beginning February 5, 1990,
each owner or operator of a facility (including high efficiency boiler operations) used for the commercial storage or disposal of PCBs and PCB Items
shall maintain annual records on the
disposition of all PCBs and PCB items
at the facility and prepare and main-

tain a written annual document log
that includes the information required
by paragraphs (b)(2) of this section for
PCBs and PCB Items that were handled
as PCB waste at the facility. The written annual document log shall be prepared by July 1 for the previous calendar year (January through December). The written annual document log
shall be maintained at each facility for
at least 3 years after the facility is no
longer used for the storage or disposal
of PCBs and PCB Items except that, in
the case of chemical waste landfills,
the annual document log shall be maintained at least 20 years after the chemical waste landfill is no longer used for
the disposal of PCBs and PCB Items.
The annual records shall be maintained
for the same period. The annual
records and written annual document
log shall be available at the facility for
inspection by authorized representatives of the EPA. All records and annual documents required to be prepared
and maintained by this section prior to
February 5, 1990 shall continue to be
maintained at the facility for the same
time as the annual records and the annual document log. The annual document for 1989 shall cover the period
from January 1, 1989 to February 5,
1990. From the written annual document log the owner or operator of a facility must prepare the annual report
containing the information required by
paragraphs (b)(3)(i) through (b)(3)(vi) of
this section for PCBs and PCB Items
that were handled as PCB waste at the
facility during the previous calendar
year (January through December). The
annual report must be submitted by
July 15 of each year for the preceding
calendar year. If the facility ceases
commercial PCB storage or disposal
operations, the owner or operator of
the facility shall provide at least 60
days advance written notice to the Regional Administrator for the region in
which the facility is located of the date
the facility intends to begin closure. d
(1) The annual records shall include
the following:
(i) All signed manifests generated or
received at the facility during the calendar year.
(ii) All Certificates of Disposal that
have been generated or received by the
facility during the calendar year.

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§ 761.180

40 CFR Ch. I (7–1–18 Edition)

(iii) Records of inspections and cleanups performed in accordance with
§ 761.65(c)(5).
(2) The written annual document log
shall include the following:
(i) The name, address, and EPA identification number of the storage or disposal facility covered by the annual
document log and the calendar year
covered by the annual document log.
(ii) For each manifest generated or
received by the facility during the calendar year, the unique manifest number and the name and address of the facility that generated the manifest and
the following information:
(A) For bulk PCB waste (e.g., in a
tanker or truck), its weight in kilograms, the first date PCB waste placed
in the tanker or truck was removed
from service for disposal, the date it
was received at the facility, the date it
was placed in transport for off-site disposal (if applicable), and the date of
disposal, (if known).
(B) The serial number or other means
of identifying each PCB Article, not in
a PCB Container or PCB Article Container, the weight in kilograms of the
PCB waste in the PCB Article, the date
it was removed from service for disposal, the date it was received at the
facility, the date it was placed in
transport for off-site disposal (if applicable), and the date of disposal (if
known).
(C) The unique number assigned by
the generator identifying each PCB
Container, a description of the contents of each PCB Container, such as
liquid, soil, cleanup debris, etc., including the total weight of the PCB waste
in kilograms in each PCB Container,
the first date PCB waste placed in each
PCB Container was removed from service for disposal, the date it was received at the facility, the date each
PCB Container was placed in transport
for off-site storage or disposal (as applicable), and the date the PCB Container was disposed of (if known).
(D) The unique number assigned by
the generator identifying each PCB Article Container, a description of the
contents of each PCB Article Container, such as pipes, capacitors, electric motors, pumps, etc., including the
total weight in kilograms of the PCB
waste in each PCB Article Container,

the first date a PCB Article placed in
each PCB Article Container was removed from service for disposal, the
date it was received at the facility, the
date each PCB Article Container was
placed in transport for off-site storage
or disposal (as applicable), and the date
the PCB Article Container was disposed of (if known).
(E) Disposers of PCB waste shall include the confirmed date of disposal for
items
in
paragraphs
(b)(2)(ii)(A)
through (b)(2)(ii)(D) of this section.
(iii) For any PCB waste disposed at a
facility that generated the PCB waste
or any PCB waste that was not manifested to the facility, the information
required under paragraph (b)(2)(ii)(A)
through (b)(2)(ii)(E) of this section.
(3) The owner or operator of a PCB
disposal facility (including an owner or
operator who disposes of his/her own
waste and does not receive or generate
manifests) or a commercial storage facility shall submit an annual report,
which briefly summarizes the records
and annual document log required to
be maintained and prepared under
paragraphs (b)(1) and (b)(2) of this section to the EPA Regional Administrator of the Region in which the facility is located by July 15 of each year,
beginning with July 15, 1991. The first
annual report submitted on July 15,
1991, shall be for the period starting
February 5, 1990, and ending December
31, 1990. The annual report shall contain no confidential business information. The annual report shall consist of
the information listed in paragraphs
(b)(3)(i) through (b)(3)(vi) of this section.
(i) The name, address, and EPA identification number of the facility covered by the annual report for the calendar year.
(ii) A list of the numbers of all signed
manifests of PCB waste initiated or received by the facility during that year.
(iii) The total weight in kilograms of
bulk PCB waste, PCB waste in PCB
Transformers, PCB waste in PCB Large
High or Low Voltage Capacitors, PCB
waste in PCB Article Containers, and
PCB waste in PCB Containers in storage at the facility at the beginning of
the calendar year, received or generated at the facility, transferred to
another facility, or disposed of at the

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facility during the calendar year. The
information must be provided for each
of these categories, as appropriate.
(iv) The total number of PCB Transformers, the total number of PCB
Large High or Low Voltage Capacitors,
the total number of PCB Article Containers, and the total number of PCB
Containers in storage at the facility at
the beginning of the calendar year, received or generated at the facility,
transferred to another facility, or disposed of at the facility during the calendar year. The information must be
provided for each of these categories,
as appropriate.
(v) The total weight in kilograms of
each of the following PCB categories:
bulk PCB waste, PCB waste in PCB
Transformers, PCB waste in PCB Large
High or Low Voltage Capacitors, PCB
waste in PCB Article Containers, and
PCB waste in PCB Containers remaining in storage for disposal at the facility at the end of the calendar year.
(vi) The total number of PCB Transformers, the total number of PCB
Large High or Low Voltage Capacitors,
the total number of PCB Article Containers, and the total number of PCB
Containers remaining in storage for
disposal at the facility at the end of
the calendar year.
(vii) The requirement to submit annual reports to the Regional Administrator continues until the submission
of the annual report for the calendar
year during which the facility ceases
PCB storage or disposal operations.
Storage operations have not ceased
until all PCB waste, including any PCB
waste generated during closure, has
been removed from the facility.
(4) Whenever a commercial storer of
PCB waste accepts PCBs or PCB Items
at his storage facility and transfers the
PCB waste off-site to another facility
for storage or disposal, the commercial
storer of PCB waste shall initiate a
manifest under subpart K of this part
for the transfer of PCBs or PCB Items
to the next storage or disposal facility.
NOTE: Any requirements for weights in
kilograms of PCBs may be calculated values
if the internal volume of PCBs in containers
and transformers is known and included in
the reports, together with any assumptions
on the density of the PCBs contained in the
containers or tranformers. If the internal

volume of PCBs is not known, a best estimate may be used.

(5) For purposes of this paragraph,
PCB Voltage Regulators shall be recorded and reported as PCB Transformers.
(c) Incineration facilities. Each owner
or operator of a PCB incinerator facility shall collect and maintain for a period of 5 years from the date of collection the following information, in addition to the information required in
paragraph (b) of this section:
(1) When PCBs are being incinerated,
the following continuous and short-interval data:
(i) Rate and quantity of PCBs fed to
the combustion system as required in
§ 761.70(a)(3);
(ii) Temperature of the combustion
process as required in § 761.70(a)(4); and
(iii) Stack emission product to include O2, CO, and CO2 as required in
§ 761.70(a)(7).
(2) When PCBs are being incinerated,
data and records on the monitoring of
stack
emissions
as
required
in
§ 761.70(a)(6).
(3) Total weight in kilograms of any
solid residues generated by the incineration of PCBs and PCB Items during
the calendar year, the total weight in
kilograms of any solid residues disposed of by the facility in chemical
waste landfills, and the total weight in
kilograms of any solid residues remaining on the facility site.
(4) When PCBs and PCB Items are
being incinerated, additional periodic
data shall be collected and maintained
as specified by the Regional Administrator pursuant to § 761.70(d)(4).
(5) Upon any suspension of the operation of any incinerator pursuant to
§ 761.70(a)(8), the owner or operator of
such an incinerator shall prepare a document. The document shall, at a minimum, include the date and time of the
suspension and an explanation of the
circumstances causing the suspension
of operation. The document shall be
sent to the appropriate Regional Administrator within 30 days of any such
suspension.
(d) Chemical waste landfill facilities.
Each owner or operator of a PCB chemical waste landfill facility shall collect
and maintain until at least 20 years
after the chemical waste landfill is no
longer used for the disposal of PCBs

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§ 761.185

40 CFR Ch. I (7–1–18 Edition)

the following information in addition
to the information required in paragraph (b) of this section:
(1) Any water analysis obtained in
compliance with § 761.75(b)(6)(iii); and
(2) Any operations records including
burial coordinates of wastes obtained
in compliance with § 761.75(b)(8)(ii).
(e) High efficiency boiler facilities.
Each owner or operator of a high efficiency boiler used for the disposal of
liquids between 50 and 500 ppm PCB
shall collect and maintain for a period
of 5 years the following information, in
addition to the information required in
paragraph (b) of this section:
(1) For each month PCBs are burned
in the boiler the carbon monoxide and
excess
oxygen
data
required
in
§ 761.71(a)(1)(viii) and § 761.71(b)(1)(viii);
(2) The quantity of PCBs burned each
month as required in § 761.71(a)(1)(vii)
and § 761.71(b)(1)(vii); and
(3) For each month PCBs (other than
mineral oil dielectric fluid) are burned,
chemical analysis data of the waste as
required in § 761.71(b)(2)(vi).
(f) Retention of special records by storage and disposal facilities. In addition to
the information required to be maintained under paragraphs (b), (c), (d) and
(e) of this section, each owner or operator of a PCB storage or disposal facility (including high efficiency boiler operations) shall collect and maintain for
the time period specified in paragraph
(b) of this section the following data:
(1) All documents, correspondence,
and data that have been provided to
the owner or operator of the facility by
any State or local government agency
and that pertain to the storage or disposal of PCBs and PCB Items at the facility.
(2) All documents, correspondence,
and data that have been provided by
the owner or operator of the facility to
any State or local government agency
and that pertain to the storage or disposal of PCBs and PCB Items at the facility.
(3) Any applications and related correspondence sent by the owner or operator of the facility to any local, State,
or Federal authorities in regard to
waste water discharge permits, solid
waste permits, building permits, or
other permits or authorizations such as

those required by §§ 761.70(d) and
761.75(c).
(g) Reclassification records. If you reclassify electrical equipment using the
procedures
in
§ 761.30(a)(2)(v)
or
§ 761.30(h)(2)(v), you must keep records
showing that you followed the required
reclassification
procedures.
Where
these procedures require testing, the
records must include copies of pre- and
post-reclassification PCB concentration measurements from a laboratory
using quality control and quality assurance procedures. You must make
these records available promptly to
EPA or to any party possessing the
equipment through sale, loan, lease, or
for servicing. You must retain the
records for at least 3 years after you
sell or dispose of the equipment.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[44 FR 31542, May 31, 1979. Redesignated at 47
FR 19527, May 6, 1982, and further redesignated at 47 FR 37360, Aug. 25, 1982; 49 FR
28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988;
54 FR 52750, Dec. 21, 1989; 55 FR 26205, June
27, 1990; 58 FR 34205, June 23, 1993; 63 FR
35461, June 29, 1998; 66 FR 17619, Apr. 2, 2001;
77 FR 54830, Sept. 6, 2012]

§ 761.185 Certification program and retention of records by importers and
persons generating PCBs in excluded manufacturing processes.
(a) In addition to meeting the basic
requirements of § 761.1(f) and the definition of excluded manufacturing processes at § 761.3, manufacturers with
processes
inadvertently
generating
PCBs and importers of products containing inadvertently generated PCBs
must report to EPA any excluded manufacturing process or imports for which
the concentration of PCBs in products
leaving the manufacturing site or imported is greater than 2 micrograms
per gram (2 μg/g, roughly 2 ppm) for
any resolvable gas chromatographic
peak. Such reports must be filed by October 1, 1984 or, if no processes or imports require reports at the time, within 90 days of having processes or imports for which such reports are required.
(b) Manufacturers required to report
by paragraph (a) of this section must
transmit a letter notifying EPA of the
number, the type, and the location of
excluded manufacturing processes in

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Environmental Protection Agency

§ 761.185

which PCBs are generated when the
PCB level in products leaving any manufacturing site is greater than 2 μg/g
for any resolvable gas chromatographic
peak. Importers required to report by
paragraph (a) of this section must
transmit a letter notifying EPA of the
concentration of PCBs in imported
products when the PCB concentration
of products being imported is greater
than 2 μg/g for any resolvable gas
chromatographic peak. Persons must
also certify the following:
(1) Their compliance with all applicable requirements of § 761.1(f), including
any applicable requirements for air and
water releases and process waste disposal.
(2) Whether determinations of compliance are based on actual monitoring
of PCB levels or on theoretical assessments.
(3) That such determinations of compliance are being maintained.
(4) If the determination of compliance is based on a theoretical assessment, the letter must also notify EPA
of the estimated PCB concentration
levels generated and released.
(c) Any person who reports pursuant
to paragraph (a) of this section:
(1) Must have performed either a theoretical analysis or actual monitoring
of PCB concentrations.
(2) Must maintain for a period of
three years after ceasing process operations or importation, or for seven
years, whichever is shorter, records
containing the following information:
(i) Theoretical analysis. Manufacturers
records must include: the reaction or
reactions believed to be generating
PCBs; the levels of PCBs generated;
and the levels of PCBs released. Importers records must include: the reaction or reactions believed to be generating PCBs and the levels of PCBs generated; the basis for all estimations of
PCB concentrations; and the name and
qualifications of the person or persons
performing the theoretical analysis; or
(ii) Actual monitoring. (A) The method
of analysis.
(B) The results of the analysis, including data from the Quality Assurance Plan.
(C) Description of the sample matrix.
(D) The name of the analyst or analysts.

(E) The date and time of the analysis.
(F) Numbers for the lots from which
the samples are taken.
(d) The certification required by
paragraph (b) of this section must be
signed by a responsible corporate officer. This certification must be maintained by each facility or importer for
a period of three years after ceasing
process operation or importation, or
for seven years, whichever is shorter,
and must be made available to EPA
upon request. For the purpose of this
section, a responsible corporate officer
means:
(1) A president, secretary, treasurer,
or vice-president of the corporation in
charge of a principal business function,
or any other person who performs similar policy or decision-making functions
for the corporation.
(2) The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority
to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(e) Any person signing a document
under paragraph (d) of this section
shall also make the following certification:
I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and
evaluate information. Based on my inquiry
of the person or persons directly responsible
for gathering information, the information
is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware
that there are significant penalties for falsifying information, including the possibility
of fines and imprisonment for knowing violations.
Dated: llllllllllllllllllll
Signature: llllllllllllllllll

(f) This report must be submitted to
the Document Control Office (DCO)
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001,
ATTN: PCB Notification. This report
must be submitted by October 1, 1984 or
within 90 days of starting up processes
or commencing importation of PCBs.

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§ 761.187

40 CFR Ch. I (7–1–18 Edition)

(g) This certification process must be
repeated whenever process conditions
are significantly modified to make the
previous certification no longer valid.

and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001,
ATTN: PCB Notification.

(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)

(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)

[49 FR 28191, July 10, 1984; 49 FR 33019, Aug.
20, 1984, as amended at 53 FR 12524, Apr. 15,
1988; 58 FR 34205, June 23, 1993; 59 FR 33697,
June 30, 1994; 60 FR 34465, July 3, 1995; 71 FR
33642, June 12, 2006]

[49 FR 28192, July 10, 1984, as amended at 53
FR 12524, Apr. 15, 1988; 58 FR 34205, June 23,
1993; 59 FR 33697, June 30, 1994; 60 FR 34465,
July 3, 1995; 71 FR 33642, June 12, 2006]

§ 761.187 Reporting importers and by
persons generating PCBs in excluded manufacturing processes.
In addition to meeting the basic requirements of § 761.1(f) and the definition of excluded manufacturing process
at § 761.3, PCB-generating manufacturing processes or importers of PCBcontaining products shall be considered
‘‘excluded manufacturing processes’’
only when the following conditions are
met:
(a) Data are reported to the EPA by
the owner/operator or importer concerning the total quantity of PCBs in
product from excluded manufacturing
processes leaving any manufacturing
site in any calendar year when such
quantity exceeds 0.0025 percent of that
site’s rated capacity for such manufacturing processes as of October 1, 1984;
or the total quantity of PCBs imported
in any calendar year when such quantity exceeds 0.0025 percent of the average total quantity of such product containing PCBs imported by such importer during the years 1978, 1979, 1980,
1981 and 1982.
(b) Data are reported to the EPA by
the owner/operator concerning the
total quantity of inadvertently generated PCBs released to the air from
excluded manufacturing processes at
any manufacturing site in any calendar
year when such quantity exceeds 10
pounds.
(c) Data are reported to the EPA by
the owner/operator concerning the
total quantity of inadvertently generated PCBs released to water from excluded manufacturing processes from
any manufacturing site in any calendar
year when such quantity exceeds 10
pounds.
(d) These reports must be submitted
to the Document Control Office (DCO)
(7407M), Office of Pollution Prevention

§ 761.193 Maintenance of monitoring
records by persons who import,
manufacture, process, distribute in
commerce, or use chemicals containing inadvertently generated
PCBs.
(a) Persons who import, manufacture, process, distribute in commerce,
or use chemicals containing PCBs
present as a result of inadvertent generation or recycling who perform any
actual monitoring of PCB concentrations must maintain records of any
such monitoring for a period of three
years after a process ceases operation
or importing ceases, or for seven years,
whichever is shorter.
(b) Monitoring records maintained
pursuant to paragraph (a) of this section must contain:
(1) The method of analysis.
(2) The results of the analysis, including data from the Quality Assurance Plan.
(3) Description of the sample matrix.
(4) The name of the analyst or analysts.
(5) The date and time of the analysis.
(6) Numbers for the lots from which
the samples are taken.
(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.
2605)
[49 FR 28193, July 10, 1984, as amended at 58
FR 34205, June 23, 1993]

Subpart K—PCB Waste Disposal
Records and Reports
SOURCE: 54 FR 52752, Dec. 21, 1989, unless
otherwise noted.

§ 761.202 EPA identification numbers.
(a) General. Any generator, commercial storer, transporter, or disposer of
PCB waste who is required to have an
EPA identification number under this
subpart must notify EPA of his/her

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Environmental Protection Agency

§ 761.205

PCB waste handling activities, using
the notification procedures and form
described in § 761.205. EPA will confirm
the EPA identification number of facilities already assigned one, and will
assign an EPA identification number
to facilities that do not have one.
(b) Prohibitions. After June 4, 1990:
(1) A generator of PCB waste shall
not:
(i) Process, store, dispose of, transport, or offer for transportation PCB
waste without having received an EPA
identification number from the Agency. A generator of PCB waste who is
exempted from notification under
§ 761.205(c)(1) or who notifies EPA in a
timely manner under § 761.205(c)(2)(i),
but has not yet received a unique identification number, shall be regarded as
having received from EPA the identification number ‘‘40 CFR PART 761.’’
(ii) Offer the PCB waste to transporters, disposers, or commercial storers of PCB waste who have not received
an EPA identification number.
(2) A transporter of PCB waste shall
not:
(i) Transport PCB waste without having received an EPA identification
number from EPA.
(ii) Deliver PCB waste to transporters, disposers, or commercial storers of PCB waste that have not received an EPA identification number.
(3) A commercial storer of PCB waste
shall not accept any PCB waste for
storage without having received an
EPA identification number from EPA.
(4) A disposer of PCB waste shall not
accept any PCB waste for disposal
without having received an EPA identification number from EPA. A disposer
of PCB waste who owns more than one
disposal facility or mobile treatment
unit shall not accept waste unless the
disposer has received an EPA identification number for each facility or
mobile unit.
(c) PCB waste handled prior to effective
date of this subpart. Generators (other
than generators exempt from notification under § 761.205(c)(1)), commercial
storers, transporters, and disposers of
PCB waste who are required to have
EPA identification numbers under this
subpart, and who were engaged in PCB
waste handling activities on or prior to
February 5, 1990, are not subject to the

prohibitions of paragraph (b) of this
section if they have applied for an EPA
identification number in accordance
with the applicable notification procedures of § 761.205. Such persons shall
use the EPA identification number ‘‘40
CFR PART 761,’’ or a number assigned
to the persons by EPA or a State under
RCRA, until EPA issues to such persons a specific identification number
under § 761.205(a), (b), or (c).
(d) PCB waste first handled after effective date of this subpart. Generators
(other than generators exempt from
notification under § 761.205(c)(1)), commercial storers, transporters, and disposers of PCB waste who are required
to have EPA identification numbers
under this subpart, and who first engage in PCB waste activities after February 5, 1990, are subject to the prohibitions in paragraph (b) of this section.
§ 761.205 Notification of PCB waste activity (EPA Form 7710–53).
(a)(1) All commercial storers, transporters, and disposers of PCB waste
who were engaged in PCB waste handling activities on or prior to February
5, 1990 shall notify EPA of their PCB
waste activities by filing EPA Form
7710–53 with EPA by no later than April
4, 1990. Upon receiving the notification
form, EPA will assign an EPA identification number to each entity that notifies.
(2) All generators (other than generators exempt from notification under
paragraph (c)(1) of this section), commercial storers, transporters, and disposers of PCB waste who first engage
in PCB waste handling activities after
February 5, 1990, shall notify EPA of
their PCB waste activities by filing
EPA Form 7710–53 with EPA prior to
engaging in PCB waste handling activities.
(3) Any person required to notify
EPA under this section shall file with
EPA Form 7710–53. Copies of EPA Form
7710–53 are available on EPA’s Web site
at http://www.epa.gov/pcb, or from the
Program Management, Communications, and Analysis Office, Office of Resource Conservation and Recovery
(5305P),
Environmental
Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. Descriptive
information and instructions for filling

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§ 761.205

40 CFR Ch. I (7–1–18 Edition)

in the form are included in paragraphs
(a)(4)(i) through (vii) of this section.
(4) All of the following information
shall be provided to EPA on Form 7710–
53:
(i) The name of the facility, and the
name of the owner or operator of the
facility.
(ii) EPA identification number, if
any, previously issued to the facility.
(iii) The facility’s mailing address.
(iv) The location of the facility.
(v) The facility’s installation contact
and telephone number.
(vi) The type of PCB waste activity
engaged in at the facility.
(vii) Signature of the signer of the
certification statement, typed or printed name and official title of signer, and
date signed.
(viii) EPA has determined that the
information in paragraphs (a)(4)(i)
through (a)(4)(vii) of this section shall
not be treated as confidential business
information. This information will be
disclosed to the public without further
notice to the submitter unless the submitter provides a written justification
(submitted with the notification form)
which demonstrates extraordinary reasons why the information should be entitled to confidential treatment.
(b) Generators (other than those generators exempt from notification under
paragraph (c)(1) of this section), commercial storers, transporters, and disposers of PCB waste who have previously notified EPA or a State of hazardous waste activities under RCRA
shall notify EPA of their PCB waste
activities under this part by filing EPA
Form 7710–53 with EPA by no later
than April 4, 1990. The notification
shall include the EPA identification
number previously issued by EPA or
the State and upon receipt of the notification, EPA shall verify and authorize the use of the previously issued
identification number for PCB waste
activities.
(c)(1) Generators of PCB waste need
not notify EPA and receive unique
EPA identification numbers under this
section, unless their PCB waste activities are described in paragraph (c)(2) of
this section. Generators exempted from
notifying EPA under this paragraph
shall use the generic identification
number ‘‘40 CFR PART 761’’ on the

manifests, records, and reports which
they shall prepare under this subpart,
unless such generators elect to use a
unique EPA identification number previously assigned to them under RCRA
by EPA or a State.
(2) Generators of PCB waste who use,
own, service, or process PCBs or PCB
Items shall notify EPA of their PCB
waste activities only if they own or operate PCB storage facilities subject to
the storage requirements of § 761.65 (b)
or (c)(7). Such generators shall notify
EPA in the following manner:
(i) Generators storing PCB waste subject to the storage requirements of
§ 761.65 (b) or (c)(7) shall notify EPA by
filing EPA Form 7710–53 with EPA by
no later than April 4, 1990.
(ii) Generators who desire to commence storage of PCB waste after February 5, 1990 shall notify EPA and receive an EPA identification number before they may commence storage of
PCBs at their facilities established
under § 761.65 (b) or (c)(7).
(iii) A separate notification shall be
submitted to EPA for each PCB storage
facility owned or operated by generators of PCB waste. Upon receiving
these notifications, EPA will assign
generators unique EPA identification
numbers for each storage facility notifying EPA under this section.
(d) Persons required to notify under
this section shall file EPA Form 7710–53
with EPA by mailing the form to the
following address: Document Control
Officer, Office of Resource Conservation and Recovery (5305P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460–0001.
(e) The requirements under this section to notify EPA and obtain EPA
identification numbers shall in no case
excuse compliance by any person subject to the 1-year limit on storage prior
to disposal under § 761.65(a).
(f) When a facility has previously notified EPA of its PCB waste handling
activities using EPA Form 7710-53 and
those activities change, the facility
must resubmit EPA Form 7710-53 to reflect those changes no later than 30
days from when a change is made. Examples of when a PCB waste handler
must renotify the Agency include, but
are not limited to the following: the

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Environmental Protection Agency

§ 761.207

company changes location of the facility; or the company had notified solely
as engaging in a certain type of PCB
waste handling activity and now wishes to engage in another PCB waste activity (e.g., previously only commercially stored PCB waste and now wishes to transport PCB waste).
[54 FR 52752, Dec. 21, 1989, as amended at 58
FR 15809, Mar. 24, 1993; 58 FR 34205, June 23,
1993; 59 FR 33697, June 30, 1994; 63 FR 35461,
June 29, 1998; 72 FR 57241, Oct. 9, 2007; 74 FR
30234, June 25, 2009]

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§ 761.207 The manifest—general requirements.
(a) A generator who transports, or offers for transport PCB waste for commercial off-site storage or off-site disposal, and commercial storage or disposal facility who offers for transport a
rejected load of PCB waste, must prepare a manifest on EPA Form 8700–22,
and, if necessary, a continuation sheet,
according to the instructions included
in the appendix of 40 CFR Part 262. The
generator shall specify:
(1) For each bulk load of PCBs, the
identity of the PCB waste, the earliest
date of removal from service for disposal, and the weight in kilograms of
the PCB waste. (Item 14—Special Handling Instructions box)
(2) For each PCB Article Container or
PCB Container, the unique identifying
number, type of PCB waste (e.g., soil,
debris, small capacitors), earliest date
of removal from service for disposal,
and weight in kilograms of the PCB
waste contained. (Item 14—Special
Handling Instructions box)
(3) For each PCB Article not in a
PCB Container or PCB Article Container, the serial number if available,
or other identification if there is no serial number, the date of removal from
service for disposal, and weight in kilograms of the PCB waste in each PCB
Article. (Item 14—Special Handling Instructions box)
NOTE 1 TO PARAGRAPH (a): EPA Form 8700–
22A is not required as the PCB manifest continuation sheet. In practice, form 8700–22A
does not have adequate space to list required
PCB-specific information for several PCB articles. However, if form 8700–22A fits the
needs of the user community, the form is
permissible.
NOTE 2 TO PARAGRAPH (a): PCB waste handlers should use the Part 262 appendix in-

structions as a guide, but should defer to the
Part 761 manifest regulations whenever there
is any difference between the Part 761 requirements and the instructions in the appendix to Part 262. The differences should be
minimal.
NOTE 3 TO PARAGRAPH (a): PCBs are not
regulated under RCRA, thus do not have a
RCRA waste code. EPA does not require
boxes 13 and 31 on forms 8700–22 and 8700–22A
(if used), respectively, to be completed for
shipments only containing PCB waste. However, some States track PCB wastes as
State-regulated hazardous wastes, and assign
State hazardous waste codes to these wastes.
In such a case, the user should follow the
State instructions for completing the waste
code fields.

(b) A generator must designate on
the manifest one facility which is approved to handle the PCB waste described on the manifest.
(c) A generator may also designate
on the manifest one alternate facility
which is approved to handle his PCB
waste in the event an emergency prevents delivery of the waste to the primary designated facility.
(d) If the transporter is unable to deliver the PCB waste to the designated
facility or the alternate facility, the
generator must either designate another facility or instruct the transporter to return the PCB waste.
(e) The requirements of this section
apply only to PCB wastes as defined in
§ 761.3. This includes PCB wastes with
PCB concentrations below 50 ppm
where the PCB concentration below 50
ppm was the result of dilution; these
PCB wastes are required under § 761.1(b)
to be managed as if they contained
PCB concentrations of 50 ppm and
above. An example of such a PCB waste
is spill cleanup material containing <50
ppm PCBs when the spill involved material containing PCBs at a concentration of ≥50 ppm. However, there is no
manifest requirement for material currently below 50 ppm which derives from
pre-April 18, 1978, spills of any concentration, pre-July 2, 1979, spills of
<500 ppm PCBs, or materials decontaminated in accordance with § 761.79.
(f) The requirements of this subpart
do not apply to the transport of PCB
wastes on a public or private right-ofway within or along the border of contiguous property under the control of

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§ 761.208

40 CFR Ch. I (7–1–18 Edition)

the same person, even if such contiguous property is divided by a public or
private right-of-way.
[77 FR 54830, Sept. 6, 2012, as amended at 80
FR 37995, July 2, 2015]

§ 761.208 Obtaining manifests.
(a)(1) A generator may use manifests
printed by any source so long as the
source of the printed form has received
approval from EPA to print the manifest under 40 CFR 262.21 (c) and (e). A
registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) PCB waste generator, transporter or, designated facility; or
(iv) PCB waste broker or other preparer who prepares or arranges shipments of PCB waste for transportation.
(2) A generator must determine
whether the generator state or the consignment state for a shipment regulates PCB waste as a State-regulated
hazardous waste. Generators also must
determine whether the consignment
state or generator state requires the
generator to submit any copies of the
manifest to these states. In cases
where the generator must supply copies to either the generator’s state or
the consignment state, the generator is
responsible for supplying legible photocopies of the manifest to these states.
(b) [Reserved]
[77 FR 54831, Sept. 6, 2012]

§ 761.209 Number of copies of a manifest.
The manifest consists of at least the
number of copies which will provide
the generator, each transporter, and
the owner or operator of the designated
facility with one copy each for their
records and another copy to be returned to the generator.

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[77 FR 54831, Sept. 6, 2012]

§ 761.210 Use of the manifest—Generator requirements.
(a) The generator must:
(1) Sign the manifest certification by
hand; and
(2) Obtain the handwritten signature
of the initial transporter and date of
acceptance on the manifest; and
(3) Retain one copy, in accordance
with § 761.214(a)(1).

(b) The generator must give the
transporter the remaining copies of the
manifest.
(c) For shipments of PCB waste within the United States solely by water
(bulk shipments only), the generator
must send three copies of the manifest
dated and signed in accordance with
this section to the owner or operator of
the designated facility. Copies of the
manifest are not required for each
transporter.
(d) For rail shipments of PCB waste
within the United States which originate at the site of generation, the generator must send at least three copies
of the manifest dated and signed in accordance with this section to:
(1) The next non-rail transporter, if
any; or
(2) The designated facility if transported solely by rail.
(e) For rejected shipments of PCB
waste that are returned to the generator by the designated facility (following the procedures of § 761.215(f)),
the generator must:
(1) Sign either:
(i) Item 20 of the new manifest if a
new manifest is used for the returned
shipment; or
(ii) Item 18c of the original manifest
if the original manifest is used for the
returned shipment;
(2) Provide the transporter a copy of
the manifest;
(3) Within 30 days of delivery of the
rejected shipment, send a copy of the
manifest to the designated facility that
returned the shipment to the generator; and
(4) Retain at the generator’s site a
copy of each manifest for at least three
years from the date of delivery.
[77 FR 54831, Sept. 6, 2012]

§ 761.211 Manifest
system—Transporter requirements.
(a)(1) A transporter shall not accept
PCB waste from a generator unless it is
accompanied by a manifest signed by
the generator in accordance with
§ 761.210(a)(1), except that a manifest is
not required if any one of the following
conditions exists:
(i) The shipment of PCB waste consists solely of PCB wastes with PCB
concentrations below 50 ppm, unless
the PCB concentration below 50 ppm

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Environmental Protection Agency

§ 761.211

was the result of dilution, in which
case § 761.1(b) requires that the waste
be managed as if it contained PCBs at
the concentration prior to dilution.
(ii) The PCB waste is accepted by the
transporter for transport only to a
storage or disposal facility owned or
operated by the generator of the PCB
waste.
(2) [Reserved]
(b) Before transporting the PCB
waste, the transporter must sign and
date the manifest acknowledging acceptance of the PCB waste from the
generator. The transporter must return
a signed copy to the generator before
leaving the generator’s property.
(c) The transporter shall ensure that
the manifest accompanies the PCB
waste.
(d) A transporter who delivers PCB
waste to another transporter or to the
designated facility must:
(1) Obtain the date of delivery and
the handwritten signature of that
transporter or of the owner or operator
of the designated facility on the manifest; and
(2) Retain one copy of the manifest in
accordance with § 761.214; and
(3) Give the remaining copies of the
manifest to the accepting transporter
or designated facility.
(e) The requirements of paragraphs
(c), (d) and (f) of this section do not
apply to water (bulk shipment) transporters if:
(1) The PCB waste is delivered by
water (bulk shipment) to the designated facility; and
(2) A shipping paper containing all
the information required on the manifest (excluding EPA identification
number, generator certification, and
signatures) accompanies the PCB
waste; and
(3) The delivering transporter obtains
the date of delivery and handwritten
signature of the owner or operator of
the designated facility on either the
manifest or the shipping paper; and
(4) The person delivering the PCB
waste to the initial water (bulk shipment) transporter obtains the date of
delivery and signature of the water
(bulk shipment) transporter on the
manifest and forwards it to the designated facility; and

(5) A copy of the shipping paper or
manifest is retained by each water
(bulk shipment) transporter in accordance with § 761.214.
(f) For shipments involving rail
transportation, the requirements of
paragraphs (c), (d) and (e) do not apply
and the following requirements do
apply:
(1) When accepting PCB waste from a
non-rail transporter, the initial rail
transporter must:
(i) Sign and date the manifest acknowledging acceptance of the PCB
waste;
(ii) Return a signed copy of the manifest to the non-rail transporter;
(iii) Forward at least three copies of
the manifest to:
(A) The next non-rail transporter, if
any; or,
(B) The designated facility, if the
shipment is delivered to that facility
by rail;
(iv) Retain one copy of the manifest
and rail shipping paper in accordance
with § 761.214.
(2) Rail transporters must ensure
that a shipping paper containing all
the information required on the manifest (excluding the EPA identification
numbers, generator certification, and
signatures) accompanies the PCB waste
at all times.
NOTE: Intermediate rail transporters are
not required to sign either the manifest or
shipping paper.

(3) When delivering PCB waste to the
designated facility, a rail transporter
must:
(i) Obtain the date of delivery and
handwritten signature of the owner or
operator of the designated facility on
the manifest or the shipping paper (if
the manifest has not been received by
the facility); and
(ii) Retain a copy of the manifest or
signed shipping paper in accordance
with § 761.214.
(4) When delivering PCB waste to a
non-rail transporter a rail transporter
must:
(i) Obtain the date of delivery and
the handwritten signature of the next
non-rail transporter on the manifest;
and
(ii) Retain a copy of the manifest in
accordance with § 761.214.

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§ 761.212

40 CFR Ch. I (7–1–18 Edition)

(5) Before accepting PCB waste from
a rail transporter, a non-rail transporter must sign and date the manifest
and provide a copy to the rail transporter.

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[77 FR 54832, Sept. 6, 2012]

§ 761.212 Transporter compliance with
the manifest.
(a) The transporter must deliver the
entire quantity of PCB waste which he
has accepted from a generator or a
transporter to:
(1) The designated facility listed on
the manifest; or
(2) The alternate designated facility,
if the PCB waste cannot be delivered to
the designated facility because an
emergency prevents delivery; or
(3) The next designated transporter.
(b)(1) If the PCB waste cannot be delivered in accordance with paragraph
(a) of this section because of an emergency condition other than rejection of
the waste by the designated facility,
then the transporter must contact the
generator for further directions and
must revise the manifest according to
the generator’s instructions.
(2) If PCB waste is rejected by the
designated facility while the transporter is on the facility’s premises,
then the transporter must obtain the
following:
(i) For a partial load rejection, a
copy of the original manifest that includes the facility’s date and signature,
and the Manifest Tracking Number of
the new manifest that will accompany
the shipment, and a description of the
partial rejection in the discrepancy
block of the original manifest. The
transporter must retain a copy of this
manifest in accordance with § 761.214,
and give the remaining copies of the
original manifest to the rejecting designated facility. If the transporter is
forwarding the rejected part of the
shipment to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to
accompany the shipment, and the new
manifest must include all of the information required in 40 CFR 761.215(e)(1)
through (6) or (f)(1) through (6).
(ii) For a full load rejection that will
be taken back by the transporter, a
copy of the original manifest that includes the rejecting facility’s signature

and date attesting to the rejection, the
description of the rejection in the discrepancy block of the manifest, and the
name, address, phone number, and
Identification Number for the alternate
facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with § 761.214, and
give a copy of the manifest containing
this information to the rejecting designated facility. If the original manifest is not used, then the transporter
must obtain a new manifest for the
shipment and comply with 40 CFR
761.215(e)(1) through (6).
(iii) No provision of this section shall
be construed to affect or limit the applicability of any requirement applicable to transporters of PCB waste under
regulations issued by the Department
of Transportation (DOT) and set forth
at 49 CFR Part 171.
[77 FR 54832, Sept. 6, 2012]

§ 761.213 Use of manifest—Commercial
storage and disposal facility requirements.
(a)(1) If a commercial storage or disposal facility receives PCB waste accompanied by a manifest, the owner,
operator or his/her agent must sign and
date the manifest as indicated in paragraph (a)(2) of this section to certify
that the PCB waste covered by the
manifest was received, that the PCB
waste was received except as noted in
the discrepancy space of the manifest,
or that the PCB waste was rejected as
noted in the manifest discrepancy
space.
(2) If a commercial storage or disposal facility receives an off-site shipment of PCB waste accompanied by a
manifest, the owner or operator, or his
agent, shall:
(i) Sign and date, by hand, each copy
of the manifest;
(ii) Note any discrepancies (as defined in § 761.215(a)) on each copy of the
manifest;
(iii) Immediately give the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a
copy of the manifest to the generator;
and

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Environmental Protection Agency

§ 761.214

(v) Retain at the facility a copy of
each manifest for at least three years
from the date of delivery.
(b) If a commercial storage or disposal facility receives, from a rail or
water (bulk shipment) transporter,
PCB waste which is accompanied by a
shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator’s certification, and signatures), the owner or operator, or his
agent, must:
(1) Sign and date each copy of the
manifest or shipping paper (if the
manifest has not been received) to certify that the PCB waste covered by the
manifest or shipping paper was received;
(2) Note any significant discrepancies
(as defined in § 761.215(a)) in the manifest or shipping paper (if the manifest
has not been received) on each copy of
the manifest or shipping paper.
NOTE TO PARAGRAPH (b)(2): The Agency
does not intend that the owner or operator of
a facility whose procedures include waste
analysis must perform that analysis before
signing the shipping paper and giving it to
the transporter. Section 761.215(a), however,
requires reporting an unreconciled discrepancy discovered during later analysis.

(3) Immediately give the rail or water
(bulk shipment) transporter at least
one copy of the manifest or shipping
paper (if the manifest has not been received);
(4) Within 30 days after the delivery,
send a copy of the signed and dated
manifest or a signed and dated copy of
the shipping paper (if the manifest has
not been received within 30 days after
delivery) to the generator; and

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NOTE
TO
PARAGRAPH
(b)(4):
Section
761.210(c) requires the generator to send
three copies of the manifest to the facility
when PCB waste is sent by rail or water
(bulk shipment).]

(5) Retain at the facility a copy of
the manifest and shipping paper (if
signed in lieu of the manifest at the
time of delivery) for at least three
years from the date of delivery.
(c) Whenever an off-site shipment of
PCB waste is initiated from a commercial storage or disposal facility, the
owner or operator of the commercial
storage or disposal facility shall comply with the manifest requirements

that apply to generators of PCB waste
(§ 761.207).
[77 FR 54833, Sept. 6, 2012]

§ 761.214 Retention
records.

of

(a)(1) A generator must keep a copy
of each manifest signed in accordance
with § 761.210(a) for three years or until
he receives a signed copy from the designated facility which received the
PCB waste. This signed copy must be
retained as a record for at least three
years from the date the waste was accepted by the initial transporter. A
generator subject to annual document
requirements under § 761.180 shall retain copies of each manifest for the period required by § 761.180(a).
(2) A transporter of PCB waste must
keep a copy of the manifest signed by
the generator, himself, and the next
designated transporter or the owner or
operator of the designated facility for a
period of three years from the date the
PCB waste was accepted by the initial
transporter.
(b) For shipments delivered to the
designated facility by water (bulk shipment), each water (bulk shipment)
transporter must retain a copy of the
shipping paper containing all the information required in § 761.211(e)(2) for a
period of three years from the date the
PCB waste was accepted by the initial
transporter.
(c) For shipments of PCB waste by
rail within the United States:
(1) The initial rail transporter must
keep a copy of the manifest and shipping paper with all the information required in § 761.211(f)(2) for a period of
three years from the date the PCB
waste was accepted by the initial
transporter; and
(2) The final rail transporter must
keep a copy of the signed manifest (or
the shipping paper if signed by the designated facility in lieu of the manifest)
for a period of three years from the
date the PCB waste was accepted by
the initial transporter.
NOTE TO PARAGRAPH (c): Intermediate rail
transporters are not required to keep records
pursuant to these regulations.

(d) A generator must keep a copy of
each Exception Report for a period of

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§ 761.215

40 CFR Ch. I (7–1–18 Edition)

at least three years from the due date
of the report.
(e) The periods of retention referred
to in this Section are extended automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested
by the Administrator.

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[77 FR 54833, Sept. 6, 2012]

§ 761.215 Manifest discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined
by paragraph (b) of this section) between the quantity or type of PCB
waste designated on the manifest or
shipping paper, and the quantity and
type of PCB waste a facility actually
receives; or
(2) Rejected wastes, which may be a
full or partial shipment of PCB waste
that the designated facility cannot accept.
(b) Significant differences in quantity are: For bulk waste, variations
greater than 10 percent in weight or
variations greater than 10 percent in
weight of PCB waste in containers; for
batch waste, any variation in piece
count, such as a discrepancy of one
PCB Transformer or PCB Container or
PCB Article Container in a truckload.
Significant differences in type are obvious differences which can be discovered by inspection or waste analysis,
such as the substitution of solids for
liquids or the substitution of high concentration PCBs (above 500 ppm) with
lower concentration materials.
(c) Upon discovering a significant difference in quantity or type, the owner
or operator must attempt to reconcile
the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days
after receiving the waste, the owner or
operator must immediately submit to
the Regional Administrator a letter describing the discrepancy and attempts
to reconcile it, and a copy of the manifest or shipping paper at issue.
(d)(1) Upon rejecting the PCB waste,
the facility must consult with the generator prior to forwarding the waste to
another facility that can manage the
waste. If it is impossible to locate an
alternative facility that can receive
the waste, the facility may return the

rejected waste to the generator. The facility must send the waste to the alternative facility or to the generator
within 60 days of the rejection identification.
(2) While the facility is making arrangements for forwarding rejected
wastes to another facility under this
section, it must ensure that either the
delivering transporter retains custody
of the waste, or, the facility must provide for secure, temporary custody of
the waste, pending delivery of the
waste to the first transporter designated on the manifest prepared under
paragraph (e) or (f) of this section.
(e) Except as provided in paragraph
(e)(7) of this section, for full or partial
load rejections that are to be sent offsite to an alternate facility, the facility is required to prepare a new manifest in accordance with § 761.207(a) and
the following instructions:
(1) Write the generator’s U.S. EPA ID
number in Item 1 of the new manifest.
Write the generator’s name and mailing address in Item 5 of the new manifest. If the mailing address is different
from the generator’s site address, then
write the generator’s site address in
the designated space for Item 5.
(2) Write the name of the alternate
designated facility and the facility’s
U.S. EPA ID number in the designated
facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest
to the Special Handling and Additional
Information Block of the new manifest,
and indicate that the shipment is a rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest
to the manifest reference number line
in the Discrepancy Block of the old
manifest (Item 18a).
(5) Write the DOT description for the
rejected load in Item 9 (U.S. DOT Description) of the new manifest and
write the container types, quantity,
and volume(s) of waste.
(6) Sign the Generator’s/Offeror’s Certification to certify, as the offeror of
the shipment, that the waste has been
properly packaged, marked and labeled
and is in proper condition for transportation, and mail a signed copy of the

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Environmental Protection Agency

§ 761.216

manifest to the generator identified in
Item 5 of the new manifest.
(7) For full load rejections that are
made while the transporter remains
present at the facility, the facility may
forward the rejected shipment to the
alternate facility by completing Item
18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a
copy of this manifest for its records,
and then give the remaining copies of
the manifest to the transporter to accompany the shipment. If the original
manifest is not used, then the facility
must use a new manifest and comply
with paragraphs (e)(1), (2), (3), (4), (5),
and (6) of this section.
(f) Except as provided in paragraph
(f)(7) of this section, for rejected wastes
that must be sent back to the generator, the facility is required to prepare
a new manifest in accordance with
§ 761.207(a) and the following instructions:
(1) Write the facility’s U.S. EPA ID
number in Item 1 of the new manifest.
Write the facility’s name and mailing
address in Item 5 of the new manifest.
If the mailing address is different from
the facility’s site address, then write
the facility’s site address in the designated space for Item 5 of the new
manifest.
(2) Write the name of the initial generator and the generator’s U.S. EPA ID
number in the designated facility block
(Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest
to the Special Handling and Additional
Information Block of the new manifest,
and indicate that the shipment is a rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest
to the manifest reference number line
in the Discrepancy Block of the old
manifest (Item 18a).
(5) Write the DOT description for the
rejected load in Item 9 (U.S. DOT Description) of the new manifest and
write the container types, quantity,
and volume(s) of waste.
(6) Sign the Generator’s/Offeror’s Certification to certify, as offeror of the
shipment, that the waste has been

properly packaged, marked and labeled
and is in proper condition for transportation.
(7) For full load rejections that are
made while the transporter remains at
the facility, the facility may return
the shipment to the generator with the
original manifest by completing Item
18a and 18b of the manifest and supplying the generator’s information in
the Alternate Facility space. The facility must retain a copy for its records
and then give the remaining copies of
the manifest to the transporter to accompany the shipment. If the original
manifest is not used, then the facility
must use a new manifest and comply
with paragraphs (f)(1), (2), (3), (4), (5),
(6), and (8) of this section.
(8) For full or partial load rejections
that are returned to the generator, the
facility must also comply with the exception reporting requirements in
§ 761.217(a).
(g) If a facility rejects a waste after
it has signed, dated, and returned a
copy of the manifest to the delivering
transporter or to the generator, the facility must amend its copy of the
manifest to indicate the rejected
wastes in the discrepancy space of the
amended manifest. The facility must
also copy the manifest tracking number from Item 4 of the new manifest to
the Discrepancy space of the amended
manifest, and must re-sign and date
the manifest to certify to the information as amended. The facility must retain the amended manifest for at least
three years from the date of amendment, and must within 30 days, send a
copy of the amended manifest to the
transporter and generator that received copies prior to their being
amended.
[77 FR 54833, Sept. 6, 2012]

§ 761.216 Unmanifested waste report.
(a) If a facility accepts for storage or
disposal any PCB waste from an offsite source without an accompanying
manifest, or without an accompanying
shipping
paper
as
described
by
§ 761.211(e), and the owner or operator
of the commercial storage or disposal
facility cannot contact the generator
of the PCB waste, then he shall notify
the Regional Administrator of the EPA
region in which his facility is located

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§ 761.217

40 CFR Ch. I (7–1–18 Edition)

of the unmanifested PCB waste so that
the Regional Administrator can determine whether further actions are required before the owner or operator
may
store
or
dispose
of
the
unmanifested PCB waste, and additionally the owner or operator must prepare and submit a letter to the Regional Administrator within 15 days
after
receiving
the
waste.
The
unmanifested waste report must contain the following information:
(1) The EPA identification number,
name and address of the facility;
(2) The date the facility received the
waste;
(3) The EPA identification number,
name and address of the generator and
the transporter, if available;
(4) A description and the quantity of
each unmanifested PCB waste the facility received;
(5) The method of storage or disposal
for each PCB waste;
(6) Signature of the owner or operator of the facility or his authorized
representative; and,
(7) A brief explanation of why the
waste was unmanifested, if known.
(8) The disposition made of the
unmanifested waste by the commercial
storage or disposal facility, including:
(i) If the waste was stored or disposed
by that facility, was the generator
identified and was a manifest subsequently supplied.
(ii) If the waste was sent back to the
generator, why and when.
(b) [Reserved]

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[77 FR 54834, Sept. 6, 2012]

§ 761.217 Exception reporting.
(a)(1) A generator of PCB waste, who
does not receive a copy of the manifest
with the handwritten signature of the
owner or operator of the designated facility within 35 days of the date the
waste was accepted by the initial
transporter, shall immediately contact
the transporter and/or the owner or operator of the designated facility to determine the status of the PCB waste.
(2) A generator of PCB waste subject
to the manifesting requirements shall
submit an Exception Report to the
EPA Regional Administrator for the
Region in which the generator is located if the generator has not received
a copy of the manifest with the hand

written signature of the owner or operator of the designated facility within 45
days of the date the waste was accepted by the initial transporter. The exception report shall be submitted to
EPA no later than 45 days from the
date on which the generator should
have received the manifest. The Exception Report shall include the following:
(i) A legible copy of the manifest for
which the generator does not have confirmation of delivery;
(ii) A cover letter signed by the generator or his authorized representative
explaining the efforts taken to locate
the PCB waste and the results of those
efforts.
(b) For rejected shipments of PCB
waste that are forwarded to an alternate facility by a designated facility
using a new manifest (following the
procedures of § 761.215(e)(1) through (6)),
the generator must comply with the requirements of paragraph (a) of this section, as applicable, for the shipment
forwarding the material from the designated facility to the alternate facility instead of for the shipment from
the generator to the designated facility. For purposes of paragraph (a) of
this section for a shipment forwarding
such waste to an alternate facility by a
designated facility:
(1) The copy of the manifest received
by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of
the signature of the owner or operator
of the designated facility, and
(2) The 35- and 45-day timeframes
begin the date the waste was accepted
by the initial transporter forwarding
the PCB waste shipment from the designated facility to the alternate facility.
[77 FR 54835, Sept. 6, 2012]

§ 761.218 Certificate of disposal.
(a) For each shipment of manifested
PCB waste that the owner or operator
of a disposal facility accepts by signing
the manifest, the owner or operator of
the disposal facility shall prepare a
Certificate of Disposal for the PCBs
and PCB Items disposed of at the facility, which shall include:
(1) The identity of the disposal facility, by name, address, and EPA identification number.

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Environmental Protection Agency

§ 761.219

(2) The identity of the PCB waste affected by the Certificate of Disposal including reference to the manifest number for the shipment.
(3) A statement certifying the fact of
disposal of the identified PCB waste,
including the date(s) of disposal, and
identifying the disposal process used.
(4) A certification as defined in
§ 761.3.
(b) The owner or operator of the disposal facility shall send the Certificate
of Disposal to the generator identified
on the manifest which accompanied the
shipment of PCB waste within 30 days
of the date that disposal of each item
of PCB waste identified on the manifest was completed unless the generator and the disposer contractually
agree to another time frame.
(c) The disposal facility shall keep a
copy of each Certificate of Disposal
among the records that it retains
under § 761.180(b).
(d)(1) Generators of PCB waste shall
keep a copy of each Certificate of Disposal that they receive from disposers
of PCB waste among the records they
retain under § 761.180(a).
(2) Commercial storers of PCB waste
shall keep a copy of each Certificate of
Disposal that they receive from disposers of PCB waste among the records
they retain under § 761.180(b).
[54 FR 52752, Dec. 21, 1984, as amended at 63
FR 35462, June 29, 1998]

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§ 761.219
ing.

One-year

exception

report-

(a) A disposer of PCB waste shall submit a One-year Exception Report to
the EPA Regional Administrator for
the Region in which the disposal facility is located no later than 45 days
from the end of the 1-year storage for
disposal date when the following occurs:
(1) The disposal facility receives
PCBs or PCB Items on a date more
than 9 months from the date the PCBs
or PCB Items were removed from service for disposal, as indicated on the
manifest or continuation sheet; and
(2) Because of contractual commitments or other factors affecting the facility’s disposal capacity, the disposer
of PCB waste could not dispose of the
affected PCBs or PCB Items within 1

year of the date of removal from service for disposal.
(b) A generator or commercial storer
of PCB waste who manifests PCBs or
PCB Items to a disposer of PCB waste
shall submit a One-year Exception Report to the EPA Regional Administrator for the Region in which the generator or commercial storer is located
no later than 45 days from the date the
following occurs:
(1) The generator or commercial storer transferred the PCBs or PCB Items
to the disposer of PCB waste on a date
within 9 months from the date of removal from service for disposal of the
affected PCBs or PCB Items, as indicated on the manifest or continuation
sheet; and
(2) The generator or commercial storer either has not received within 13
months from the date of removal from
service for disposal a Certificate of Disposal confirming the disposal of the affected PCBs or PCB Items, or the generator or commercial storer receives a
Certificate of Disposal confirming disposal of the affected PCBs or PCB
Items on a date more than 1 year after
the date of removal from service.
(c) The One-year Exception Report
shall include:
(1) A legible copy of any manifest or
other written communication relevant
to the transfer and disposal of the affected PCBs or PCB Items.
(2) A cover letter signed by the submitter or an authorized representative
explaining:
(i) The date(s) when the PCBs or PCB
Items were removed from service for
disposal.
(ii) The date(s) when the PCBs or
PCB Items were received by the submitter of the report, if applicable.
(iii) The date(s) when the affected
PCBs or PCB Items were transferred to
a designated disposal facility.
(iv) The identity of the transporters,
commercial storers, or disposers known
to be involved with the transaction.
(v) The reason, if known, for the
delay in bringing about the disposal of
the affected PCBs or PCB Items within
1 year from the date of removal from
service for disposal.
(d) PCB/radioactive waste that is exempt from the 1-year storage for disposal
time
limit
pursuant
to

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§ 761.240

40 CFR Ch. I (7–1–18 Edition)

§ 761.65(a)(1) is also exempt from the exception reporting requirements of paragraphs (a), (b), and (c) of this section.
[77 FR 54835, Sept. 6, 2012]

Subpart L [Reserved]
Subpart M—Determining a PCB
Concentration for Purposes of
Abandonment or Disposal of
Natural Gas Pipeline: Selecting Sample Sites, Collecting
Surface Samples, and Analyzing Standard PCB Wipe
Samples
SOURCE: 63 FR 35462, June 29, 1998, unless
otherwise noted.

§ 761.240

Scope and definitions.

(a) Use these procedures to select
surface sampling sites for natural gas
pipe to determine its PCB surface concentration for abandonment-in-place or
removal and disposal off-site in accordance with § 761.60(b)(5).
(b) ‘‘Pipe segment’’ means a length of
natural gas pipe that has been removed
from the pipeline system to be disposed
of or reused, and that is usually approximately 12.2 meters (40 feet) or
shorter in length. Pipe segments are
usually linear.
(c) ‘‘Pipeline section’’ means a length
of natural gas pipe that has been cut or
otherwise separated from the active
pipeline, usually for purposes of abandonment, and that is usually longer
than 12.2 meters in length. Pipeline
sections may be branched.

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§ 761.243 Standard wipe sample method and size.
(a) Collect a surface sample from a
natural gas pipe segment or pipeline
section using a standard wipe test as
defined in § 761.123. Detailed guidance
for the entire wipe sampling process
appears in the document entitled,
‘‘Wipe Sampling and Double Wash/
Rinse Cleanup as Recommended by the
Environmental Protection Agency PCB
Spill Cleanup Policy,’’ dated June 23,
1987 and revised on April 18, 1991. This
document is available on EPA’s Web
site at http://www.epa.gov/pcb, or from
the Program Management, Commu-

nications, and Analysis Office, Office of
Resource Conservation and Recovery
(5305P),
Environmental
Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
(b) Collect a surface sample from a
minimum surface area of 100 cm2 at
each sampling site selected. The EPA
Regional Administrator may approve,
in writing, requests to collect a sample
from smaller surface areas, when <100
cm2 of surface eligible for sampling is
present; e.g., when sampling a small diameter pipe, a small valve, or a small
regulator. When smaller surfaces are
sampled, convert the measurement to
the equivalent measurement for 100
cm2 for purposes of comparison to
standards based on 100 cm2.
[63 FR 35462, June 29, 1998, as amended at 72
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25,
2009]

§ 761.247 Sample site selection for pipe
segment removal.
(a) General. (1) Select the pipe segments to be sampled by following the
directions in paragraph (b) of this section.
(2) Locate the proper position along
the length of the pipe segment that
you have selected for sampling, by following the directions in paragraph (c)
of this section.
(3) Select the proper sampling position around the circumference of the
pipe segment that you have selected
for sampling, by following the directions in paragraph (d) of this section.
(4) Prior to removing pipe from the
ground or lifting the pipe from its location during former operations, mark
the top side of the pipe.
(5) Do not sample if there are freeflowing liquids in the pipe segment.
Free-flowing liquids must be removed
prior to sampling.
(b) Selecting pipe segments to sample.
Select the pipe segment(s) that you
will sample from a length of pipe or
group of pipe segments, as follows:
(1) Do not sample a pipe segment
that is longer than 12.2 meters (40 feet).
If a segment is longer than 12.2 meters
in length, cut the segment so that all
resulting segments are 12.2 meters or
less in length.
(2) Determine which pipe segments to
sample as follows:

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Environmental Protection Agency

§ 761.247

(i) When a length of pipe having
seven or fewer segments is removed for
purposes of disposal, sample each pipe
segment.
(ii) When removing a length of pipe
having multiple contiguous segments
less than 3 miles in total length, take
samples from a total of seven segments.
(A) Sample the first and last segments removed.
(B) Select the five additional segments according to one of the two following procedures:
(1) Assign all segments a unique sequential number. Then select five numbers using a random number table or
random number generator. If the random number generator or random number table produces either the first pipe
segment, the last pipe segment, or any
previously selected segment, select another random number until there are
seven different numbers, each corresponding to a different pipe segment.
(2) Divide the total number of segments by six. Round the resulting
quotient off to the nearest whole number. The resulting number is the interval between the segments you will
sample. For example, cut a 2.9 mile
length of pipeline into 383 segments of
approximately 40 feet each. Sample the
first (number 1) and last (number 383)
segments. To determine which additional five segments to sample, divide
the total number of segments, 383, by 6.
Round up the resulting number in this
example, 63.8, to the next whole number, 64. Add 64 to the number of each
preceding pipe segment five separate
times to select five additional pipe segments for sampling. In this example,
the first pipe segment has the number
1, add 64 to 1 to select segment 65.
Next, add 64 to 65 to select segment 129.
Continue in this fashion to select all
seven segments: 1, 65, 129, 193, 257, 321,
and 383.
(iii) When removing a length of pipe
having multiple contiguous segments
more than 3 miles in total length for
purposes of disposal, take samples of
each segment that is 1⁄2 mile distant
from the segment previously sampled.
Sample a minimum of seven segments.
(c) Selecting the sampling position—
length. Select the sampling position

along the length of the pipe segment,
as follows:
(1) Take samples at the end upstream
of the former gas flow of each segment
removed.
(2) If the pipe segment is cut with a
torch or other high temperature heat
source, take the sample at least 15 cm
(6 inches) inside the cut end of the pipe
segment.
(3) If the pipe segment is cut with a
saw or other mechanical device, take
the sample at least 2 cm (1 inch) inside
the end of the pipe segment.
(4) If the sample site location selected in the procedure at paragraph
(c)(2) or (c)(3) of this section is a porous
surface (for example, there is significant corrosion so that the wipe material will be shredded), then move the
sample site further inside the pipe segment (away from the end of the pipe or
pipe segment) until there is no such porous surface. For purposes of this subpart, natural gas pipe with a thin porous corrosion preventive coating is a
non-porous surface.
(5) If there is not a non-porous surface accessible by paragraphs (c)(2) and
(c)(3) of this section, use one of the following three options:
(i) Sample the downstream end of the
pipe segment using the same sample
site location procedure as for the upstream end.
(ii) Select another pipe segment
using the random selection procedure
described in paragraph (b) of this section.
(iii) If there is no other pipe segment
in the population to be sampled and
both ends of a pipe segment have porous surfaces at all possible sample collection sites, then assume that the pipe
segment contains ≥50 ppm PCB but <500
ppm PCB.
(d) Selecting the sample position—circumference. Based on the mark on the
top of the pipe segment made prior to
removing pipe from the ground or lifting the pipe from its location during
former operations, sample the inside
center of the bottom of the pipe being
sampled. Make sure the sample is centered on the bottom of the pipe segment; that is, sample an equal area on
both sides of the middle of the bottom

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§ 761.250

40 CFR Ch. I (7–1–18 Edition)

of the pipe segment for the entire
length of the sample.

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[63 FR 35462, June 29, 1998, as amended at 64
FR 33762, June 24, 1999]

§ 761.250 Sample site selection for
pipeline section abandonment.
This procedure is for the sample site
selection for a pipeline section to be
abandoned,
in
accordance
with
§ 761.60(b)(5)(i)(B).
(a) General. (1) Select sample collection sites in the pipeline section(s) by
following the directions in paragraph
(b) of this section.
(2) Select the proper sampling position along the pipe by following the directions in § 761.247 (c) and (d).
(3) Assure, by visual inspection, the
absence of free-flowing liquids in the
pipe by affirming no liquids at all liquid collection points and all ends of the
pipeline section to be abandoned.
(b) Selection sample collection sites. At
a minimum, sample all ends of all pipeline sections to be abandoned in place.
(1) If the pipeline section to be abandoned is between the pressure side of
one compressor station and the suction
side of the next compressor station
downstream of the former gas flow, at
a minimum, sample all ends of the
abandoned pipe.
(2) If the pipeline section to be abandoned is longer than the distance between the pressure side of one compressor station and the suction side of
the next compressor station downstream of the former gas flow, divide
the pipeline section, for purposes of
sampling, into smaller pipeline sections no longer than the distance from
the pressure side of one compressor
station to the suction side of the next
compressor station downstream of the
former gas flow. Consider each of the
smaller sections to be a separate abandonment and sample each one, at a
minimum, at all ends.
(3) Use the following procedure to locate representative sample collection
sites in pipeline sections at points
other than the suction and pressure
side of compressor stations, or the ends
of the pipeline section to be abandoned.
(i) First, assign a unique identifying
sequential number to each kilometer
or fraction of a kilometer length of
pipe within the entire pipeline section.

(ii) Use a random number table or a
random number generator to select
each representative sample collection
site from a complete list of the sequential identification numbers.
(iii) Samples may be collected by removing any covering soil, cutting the
pipe to gain access to the sampling location, and collecting the surface sample with the pipe in place, rather than
completely removing the pipeline sections to collect the surface sample.
[63 FR 35462, June 29, 1998, as amended at 64
FR 33762, June 24, 1999]

§ 761.253 Chemical analysis.
(a) Extract PCBs from the standard
wipe sample collection medium and
clean-up the extracted PCBs in accordance with either Method 3500B/3540C or
Method 3500B/3550B from EPA’s SW-846,
Test Methods for Evaluating Solid
Waste, or a method validated under
subpart Q of this part. Use Method 8082
from SW-846, or a method validated
under subpart Q of this part, to analyze
these extracts for PCBs.
(b) Report all PCB sample concentrations in μg/100 cm2 (16 square inches) of
surface sampled. If sampling an area
smaller than 100 cm2, report converted
sample concentrations in accordance
with § 761.243(b).
§ 761.257 Determining the regulatory
status of sampled pipe.
(a) For purposes of removal for disposal of a pipe segment that has been
sampled, the sample results for that
segment determines its PCB surface
concentration. Determine the PCB surface concentration of a segment which
was not sampled as follows:
(1) If the unsampled pipe segment is
between two pipe segments which have
been
sampled,
assume
that
the
unsampled segment has the same PCB
surface concentration as the nearest
sampled pipe segment.
(2) If an unsampled pipe segment is
equidistant between two pipe segments
which have been sampled, assume the
PCB surface concentration of the
unsampled segment to be the arithmetic mean of the PCB surface concentrations measured in the two equidistant, sampled, pipe segments.
(b) For purposes of abandonment of a
pipeline section, assume that the PCB

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Environmental Protection Agency

§ 761.272

surface concentration for an entire
pipeline section is the arithmetic mean
of the PCB surface concentrations
measured at the ends of the pipeline
section. If additional representative
samples were taken in a pipeline section, assume that the PCB surface concentration for the entire pipeline section is the arithmetic mean of the concentrations measured in all representative samples taken.
(c) For purposes of removal for disposal under § 761.60(b)(5)(ii)(A)(1) or
abandonment under § 761.60(b)(5)(i)(B),
if the surface PCB concentration of a
pipe segment, determined by direct
measurement or in accordance with
paragraph (a) of this section, or of a
pipeline section as determined in accordance with paragraph (b) of this section, is >10 μg/100 cm2, but <100 μg/100
cm2, then that segment or section is
PCB-Contaminated.

Subpart N—Cleanup Site Characterization Sampling for PCB
Remediation Waste in Accordance with § 761.61(a)(2)
SOURCE: 63 FR 35464, June 29, 1998, unless
otherwise noted.

§ 761.260

§ 761.267 Sampling
faces.

non-porous

§ 761.265 Sampling bulk PCB remediation waste and porous surfaces.
(a) Use a grid interval of 3 meters and
the procedures in §§ 761.283 and 761.286
to sample bulk PCB remediation waste
that is not in a container and porous
surfaces.
(b) Use the following procedures to
sample bulk PCB remediation waste
that is in a single container.
(1) Use a core sampler to collect a
minimum of one core sample for the
entire depth of the waste at the center
of the container. Collect a minimum of
50 cm3 of waste for analysis.
(2) If more than one core sample is
taken, thoroughly mix all samples into
a composite sample. Take a subsample

(a) Sample large, nearly flat, non-porous surfaces by dividing the surface
into roughly square portions approximately 2 meters on each side. Follow
the procedures in § 761.302(a).
(b) It is not necessary to sample
small or irregularly shaped surfaces.
§ 761.269 Sampling liquid PCB remediation waste.
(a) If the liquid is single phase, collect and analyze one sample. There are
no required procedures for collecting a
sample.
(b) If the liquid is multi-phasic, separate the phases, and collect and analyze a sample from each liquid phase.
There are no required procedures for
collecting a sample from each single
phase liquid.
(c) If the liquid has a non-liquid
phase which is >0.5 percent by total
weight of the waste, separate the nonliquid phase from the liquid phase and
sample it separately as a non-liquid in
accordance with § 761.265.
§ 761.272 Chemical
extraction
analysis of samples.

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Waste, or a method validated under

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sur-

Applicability.

This subpart provides a method for
collecting new data for characterizing
a PCB remediation waste cleanup site
or for assessing the sufficiency of existing site characterization data, as required by § 761.61(a)(2).

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of a minimum of 50 cm3 from the mixed
composite for analysis.
(c) Use the following procedures to
sample bulk PCB remediation waste
that is in more than one container.
(1) Segregate the containers by type
(for example, a 55-gallon drum and a
roll-off container are types of containers).
(2) For fewer than three containers of
the same type, sample all containers.
(3) For more than three containers of
the same type, list the containers and
assign each container an unique sequential number. Use a random number
generator or table to select a minimum
of 10 percent of the containers from the
list, or select three containers, whichever is the larger.
(4) Sample the selected container(s)
according to paragraph (b) of this section.

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§ 761.274

40 CFR Ch. I (7–1–18 Edition)

subpart Q of this part, for chemical extraction of PCBs from individual and
composite samples of PCB remediation
waste. Use Method 8082 from SW-846, or
a method validated under subpart Q of
this part, to analyze these extracts for
PCBs.
§ 761.274 Reporting
tions in samples.

PCB

concentra-

(a) Report all sample concentrations
for non-liquid PCBs on a dry weight
basis as micrograms of PCBs per gram
of sample (ppm by weight). Report surface sampling results as μg/100 cm2. Divide 100 cm2 by the surface area and
multiply this quotient by the total
number of micrograms of PCBs on the
surface to obtain the equivalent measurement of micrograms per 100 cm2.
(b) Report all sample concentrations
for liquid PCBs on a wet weight basis
as micrograms of PCBs per gram of
sample (ppm by weight).

Subpart O—Sampling To Verify
Completion of Self-Implementing Cleanup and On-Site
Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance With
§ 761.61(a)(6)
SOURCE: 63 FR 35465, June 29, 1998, unless
otherwise noted.

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§ 761.280

Application and scope.

Follow the procedures in this subpart
when sampling to verify completion of
the cleanup for self-implementing, onsite disposal of bulk PCB remediation
waste and porous surfaces consistent
with the levels of § 761.61(a)(4)(i) and
(iii). The objective of this subpart is
not to search for new contamination.
Confirmation of compliance with the
cleanup levels in § 761.61(a)(4) is only
verifiable for the area sampled in accordance with this subpart. Do not
make conclusions or extrapolations
about PCB concentrations outside of
the area which has been cleaned up and
verified based on the results of this
verification sampling.

§ 761.283 Determination of the number
of samples to collect and sample
collection locations.
This section addresses how to determine the number of samples to collect
and sample collection locations for
bulk PCB remediation waste and porous surfaces destined to remain at a
cleanup site after cleanup.
(a) Minimum number of samples. (1) At
each separate cleanup site at a PCB remediation waste location, take a minimum of three samples for each type of
bulk PCB remediation waste or porous
surface at the cleanup site, regardless
of the amount of each type of waste
that is present. There is no upper limit
to the number of samples required or
allowed.
(2) This is an example of how to calculate the minimum number of required samples at a PCB remediation
waste location. There are three distinct cleanup sites at this example location: a loading dock, a transformer
storage lot, and a disposal pit. The
minimum number of samples to take
appears in parentheses after each type
of waste for each cleanup site. The PCB
remediation wastes present at the loading dock are concrete (three samples)
and clay soil (three samples). The nonliquid PCB remediation wastes present
at the transformer storage lot are oily
soil (three samples), clay soil (three
samples) and gravel (three samples).
The PCB remediation wastes present at
the disposal pit are sandy soil (three
samples), clay soil (three samples), oily
soil (three samples), industrial sludge
(three samples), and gravel (three samples).
(b) Selection of sample locations—general. (1)(i) Use a square-based grid system to overlay the entire area to be
sampled. Orient the grid axes on a
magnetic north-south line centered in
the area and an east-west axis perpendicular to the magnetic north-south
axis also centered in the area.
(ii) If the site is recleaned based on
the results of cleanup verification conducted in accordance with § 761.61(a)(6),
follow the procedures in paragraph (b)
of this section for locating sampling
points after the recleaning, but reorient the grid axes established in paragraph (b)(1)(i) of this section by moving
the origin one meter in the direction of

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Environmental Protection Agency

§ 761.289

magnetic north and one meter in the
direction east of magnetic north.
(2) Mark out a series of sampling
points 1.5 meters apart oriented to the
grid axes. The sampling points shall
proceed in every direction to the extent sufficient to result in a two-dimensional grid completely overlaying
the sampling area.
(3) Collect a sample at each point if
the grid falls in the cleanup area. Analyze all samples either individually or
according to the compositing schemes
provided in the procedures at § 761.289.
So long as every sample collected at a
grid point is analyzed as either an individual sample or as part of a composite
sample, there are no other restrictions
on how many samples are analyzed.
(c) Selection of sample locations—small
cleanup sites. When a cleanup site is
sufficiently small or irregularly shaped
that a square grid with a grid interval
of 1.5 meters will not result in a minimum of three sampling points for each
type of bulk PCB remediation waste or
porous surface at the cleanup site,
there are two options.
(1) Use a smaller square grid interval
and the procedures in paragraph (b) of
this section.
(2) Use the following coordinatebased random sampling scheme. If the
site is recleaned based on the results of
cleanup verification conducted in accordance with § 761.61(a)(6), follow the
procedures in this section for locating
sampling points after the recleaning,
but select three new pairs of sampling
coordinates.
(i) Beginning in the southwest corner
(lower left when facing magnetic
north) of the area to be sampled, measure in centimeters (or inches) the maximum magnetic north-south dimension
of the area to be sampled. Next, beginning in the southwest corner, measure
in centimeters (or inches) the maximum magnetic east-west dimension of
the area to be sampled. Designate the
north-south and east-west dimensions
(describing the west and south boundaries, respectively, of the area to be
sampled), as the reference axes of a
square-based grid system.
(ii) Use a random number table or
random number generator to select a
pair of coordinates that will locate the
sample within the area to be sampled.

The first coordinate in the pair is the
measurement on the north-south axis.
The second coordinate in the pair is
the measurement on the east-west axis.
Collect the sample at the intersection
of an east-west line drawn through the
measured spot on the north-south axis,
and a north-south line drawn through
the measured spot on the east-west
axis. If the cleanup site is irregularly
shaped and this intersection falls outside the cleanup site, select a new pair
of sampling coordinates. Continue to
select pairs of sampling coordinates
until three are selected for each type of
bulk PCB remediation waste or porous
surface at the cleanup site.
(d) Area of inference. Analytical results for an individual sample point
apply to the sample point and to an
area of inference extending to four
imaginary lines parallel to the grid
axes and one half grid interval distant
from the sample point in four different
directions. The area of inference forms
a square around the sample point. The
sides of the square are parallel to the
grid axes and one grid interval in
length. The sample point is in the center of the square area of inference. The
area of inference from a composite
sample is the total of the areas of the
individual samples included in the
composite.
§ 761.286 Sample size and procedure
for collecting a sample.
At each selected sampling location
for bulk PCB remediation waste or porous surfaces, collect at least 20 milliliters of waste, or a portion of sufficient weight for the chemical analyst
to measure the concentration of PCBs
and still have sufficient analytical detection sensitivity to reproducibly
measure PCBs at the levels designated
in § 761.61(a)(4). Use a core sampler having a diameter ≥2 cm and ≤3 cm. Collect
waste to a maximum depth of 7.5 cms.
§ 761.289 Compositing samples.
Compositing is a method of combining several samples of a specific
type of bulk PCB remediation waste or
porous surface from nearby locations
for a single chemical analysis. There
are two procedures for compositing
bulk PCB remediation waste samples.
These procedures are based on the

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§ 761.289

40 CFR Ch. I (7–1–18 Edition)

method for selecting sampling site locations in § 761.283(b) and (c). The single
chemical analysis of a composite sample results in an averaging of the concentrations of its component samples.
The area of inference of a composite is
determined by the area of inference of
each of its component samples as described in § 761.283(d). Compositing is
not
mandatory.
However,
if
compositing is used, it must be performed in accordance with the following procedures.
(a) Compositing in the field or in a laboratory. Compositing may occur either
in the field or in a laboratory. Prepare
composite samples using equal volumes
of each constituent or component sample. Composited samples must be from
the same type of bulk PCB remediation
waste or porous surface (see the example at § 761.283(a)(2)). Mix composite
samples thoroughly. From each wellmixed composite sample, take a portion of sufficient weight for the chemical analyst to measure the concentration of PCBs and still have sufficient
analytical detection sensitivity to
reproducibly measure PCBs at the levels designated in § 761.61(a)(4).
(b)(1) Compositing from samples collected at grid points in accordance with
§ 761.283(b). There are two kinds of composite sampling procedures depending
on the original source of contamination of the site.
(i) The first procedure is for sites
with multiple point sources of contamination (such as an old electrical
equipment storage area, a scrap yard,
or repair shop) or for unknown sources
of
contamination.
Under
this
compositing scheme, composite a maximum of nine samples for each type of
bulk PCB remediation waste or porous
surface at the cleanup site. The maximum dimensions of the area enclosing
a nine grid point composite is two grid
intervals bounded by three collinear
grid points (3.0 meters or approximately 10 feet long). Take all samples
in the composite at the same depth.
Assure that composite sample areas
and individually analyzed samples
completely overlay the cleanup site.
(ii) The second procedure is for a single point source of contamination, such
as discharge into a large containment
area (e.g., pit, waste lagoon, or evapo-

ration pond), or a leak onto soil from a
single drum or tank. Single point
source contamination may be from a
one-time or continuous contamination.
Composites come from two stages: an
initial compositing area centered in
the area to be sampled, and subsequent
compositing areas forming concentric
square zones around the initial
compositing area. The center of the
initial compositing area and each of
the subsequent compositing areas is
the origin of the grid axes.
(A) Definition of the initial compositing
area. The initial compositing area is
based on a square that contains nine
grid points, is centered on the grid origin, and has sides two grid intervals
long. The initial compositing area has
the same center as this square and
sides one half a grid interval more distant from the center than the square.
The initial compositing area has sides
three grid intervals long.
(B)
Definition
of
subsequent
compositing areas. Subsequent composite sampling areas are in concentric
square zones one grid interval wide
around the initial compositing area
and around each successive subsequent
compositing area. The inner boundary
of the first subsequent compositing
area is the outer boundary of the initial compositing area. The outer
boundary of the first subsequent
compositing area is centered on the
grid origin, has sides one grid interval
more distant from the grid origin than
the inner boundary, and is two grid intervals longer on a side than the inner
boundary. The inner boundary of each
further subsequent compositing area is
the outer boundary of the previous subsequent compositing area. The outer
boundary of each further subsequent
compositing area is centered on the
grid origin, has sides one grid interval
more distant from the grid origin than
the inner boundary, and is two grid intervals longer on a side than the inner
boundary.
(C) Taking composite samples from the
initial and subsequent compositing areas.
(1) Select composite sampling areas
from the initial compositing area and
subsequent compositing areas such
that all grid points in the initial
compositing area and subsequent

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Environmental Protection Agency

§ 761.302

compositing areas are part of a composite or individual sample.
(2) A person may include in a single
composite sample a maximum of all
nine grid points in the initial
compositing area. The maximum number of grid points in a composite sample
taken
from
a
subsequent
compositing area is eight. These eight
grid points must be adjacent to one another in the subsequent compositing
area, but need not be collinear.
(2) Compositing from samples taken at
grid points or pairs of coordinates in accordance with § 761.283(c). Samples collected at small sites are based on selecting pairs of coordinates or using
the sample site selection procedure for
grid sampling with a smaller grid interval.
(i) Samples collected from a grid having
a smaller grid interval. Use the procedure in paragraph (b)(1)(i) of this section to composite samples and determine the area of inference for composite samples.
(ii) Samples collected from pairs of coordinates. All three samples must be
composited. The area of inference for
the composite is the entire area sampled.

§ 761.298 Decisions based on PCB concentration measurements resulting
from sampling.
(a) For grid samples which are chemically analyzed individually, the PCB
concentration applies to the area of inference as described in § 761.283(d).
(b) For grid samples analyzed as part
of a composite sample, the PCB concentration applies to the area of inference of the composite sample as described in § 761.283(d) (i.e., the area of
inference is the total of the areas of
the individual samples included in the
composite).
(c) For coordinate pair samples analyzed as part of a composite sample, in
accordance with §§ 761.283(c)(2) and
761.289(b)(2)(ii), the PCB concentration
applies to the entire cleanup site.

§ 761.292 Chemical
extraction
and
analysis of individual samples and
composite samples.

§ 761.300 Applicability.
This subpart provides sample site selection procedures for large, nearly flat
non-porous surfaces, and for small or
irregularly shaped non-porous surfaces.
This subpart also provides procedures
for analyzing the samples and interpreting the results of the sampling.
Any person verifying completion of
self-implementing cleanup and on-site
disposal of non-porous surfaces under
§ 761.61(a)(6), or verifying that decontamination
standards
under
§ 761.79(b)(3) are met, must use these
procedures.

Use either Method 3500B/3540C or
Method 3500B/3550B from EPA’s SW-846,
Test Methods for Evaluating Solid
Waste, or a method validated under
subpart Q of this part, for chemical extraction of PCBs from individual and
composite samples of PCB remediation
waste. Use Method 8082 from SW-846, or
a method validated under subpart Q of
this part, to analyze these extracts for
PCBs.

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§ 761.295 Reporting and recordkeeping
of the PCB concentrations in samples.
(a) Report all sample concentrations
for bulk PCB remediation waste and
porous surfaces on a dry weight basis
and as micrograms of PCBs per gram of
sample (ppm by weight).
(b) Record and keep on file for 3 years
the PCB concentration for each sample
or composite sample.

Subpart P—Sampling Non-Porous
Surfaces for MeasurementBased Use, Reuse, and OnSite or Off-Site Disposal Under
§ 761.61(a)(6) and Decontamination
Under
§ 761.79(b)(3)
SOURCE: 63 FR 35467, June 29, 1998, unless
otherwise noted.

§ 761.302 Proportion of the total surface area to sample.
(a) Large nearly flat surfaces. Divide
the entire surface into approximately 1
meter square portions and mark the
portions so that they are clearly identified. Determine the sample location
in each portion as directed in § 761.304.
(1) For large nearly flat surfaces contaminated by a single source of PCBs

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§ 761.304

40 CFR Ch. I (7–1–18 Edition)

with a uniform concentration, assign
each 1 meter square surface a unique
sequential number.
(i) For three or fewer 1 meter square
areas, sample all of the areas.
(ii) For four or more 1 meter square
areas, use a random number generator
or table to select a minimum of 10 percent of the areas from the list, or to select three areas, whichever is more.
(2) For other large nearly flat surfaces, sample all of the one meter
square areas.
(b) Small or irregularly shaped surfaces.
For small surfaces having irregular
contours, such as hand tools, natural
gas pipeline valves, and most exterior
surfaces of machine tools, sample the
entire surface. Any person may select
sampling locations for small, nearly
flat surfaces in accordance with
§ 761.308 with the exception that the
maximum area in § 761.308(a) is <1
meter square.
(c) Preparation of surfaces. Drain all
free-flowing liquids from surfaces and
brush off dust or loose grit.

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§ 761.304

Determining sample location.

(a) For 1 square meter non-porous
surface areas having the same size and
shape, it is permissible to sample the
same 10 cm by 10 cm location or position in each identical 1 square meter
area. This location or position is determined in accordance with § 761.306 or
§ 761.308.
(b) If some 1 square meter surfaces
for a larger non-porous surface area
have different sizes and shapes, separately select the 10 cm by 10 cm sampling position for each different 1
square meter surface in accordance
with § 761.308.
(c) If non-porous surfaces have been
cleaned and the cleaned surfaces do not
meet the applicable standards or levels, surfaces may be recleaned and resampled. When resampling surfaces
previously sampled to verify cleanup
levels, use the sampling procedures in
§§ 761.306 through 761.316 to resample
the surfaces. If any sample site selected coincides with a previous sampling site, restart the sample selection
process until all resampling sites are
different from any previous sampling
sites.

§ 761.306 Sampling 1 meter square surfaces by random selection of halves.
(a) Divide each 1 meter square portion where it is necessary to collect a
surface wipe test sample into two equal
(or as nearly equal as possible) halves.
For example, divide the area into top
and bottom halves or left and right
halves. Choose the top/bottom or left/
right division that produces halves
having as close to the shape of a circle
as possible. For example, a square is
closer to the shape of a circle than is a
rectangle and a rectangle having a
length to width ratio of 2:1 is closer to
the shape of a circle than a rectangle
having a length to width ratio of 3:1.
(b) Assign a unique identifier to each
half and then select one of the halves
for further sampling with a random
number generator or other device (i.e.,
by flipping a coin).
(c) Continue selecting progressively
smaller halves by dividing the previously selected half, in accordance
with paragraphs (a) and (b) of this section, until the final selected half is
larger than or equal to 100 cm2 and
smaller than 200 cm2.
(d) Perform a standard PCB wipe test
on the final selected halves from each 1
meter square portion.
(e) The following is an example of applying sampling by halves. Assume
that the area to sample is a 1 meter
square surface area (a square that has
sides 1 meter long). Assign each half to
one face of a coin. After flipping the
coin, the half assigned to the face of
the coin that is showing is the half selected.
(1) Selecting the first half:
(i) For a square shape the top/bottom
halves have the same shape as the left/
right halves when compared to a circle,
i.e., regardless of which way the surface is divided, each half is 1 half meter
wide by 1 meter long. Therefore, divide
the area either top/bottom or left/right.
For selecting the first half, this example will select from left/right halves.
(ii) A coin flip selects the left half.
The dimensions of this selected surface
area are 1 meter high and 1⁄2 meter
wide.
(2) Selecting the second half:
(i) If the next selection of halves was
left/right, the halves would be rectangles four times as long as they are wide

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Environmental Protection Agency

§ 761.308

(1⁄4 meter wide and 1 meter high).
Halves selected from top/bottom would
be square (1⁄2 meter on a side). Therefore, select the next halves top/bottom,
because the shape of the top/bottom
halves (square) is closer to the shape of
a circle than the shape of the left/right
halves (long narrow rectangles).
(ii) A coin flip selects the top half.
The dimensions of this selected surface
area are 1⁄2 meter high and 1⁄2 meter
wide.
(3) Selecting the third half:
(i) Just as for the selection of the
first half, which divided the original
square area, both the left/right and the
top/bottom halves have the same shape
when compared to a circle (both are
rectangles having the same dimensions). Therefore, choose either left/
right or top/bottom halves. This example will select from left/right halves.
(ii) A coin flip selects the right half.
The dimensions of this selected surface
are 1⁄4 meter by 1⁄2 meter.
(4) Selecting the fourth half:
(i) If the next selection of halves was
left/right, the halves would be rectangles four times as long as they are wide
(1⁄8 meter wide and 1⁄2 meter high.
Halves selected from top/bottom would
be square (1⁄4 meter on a side). Therefore, select the next halves top/bottom,
because the shape of the top/bottom
halves (square) are closer to the shape
of a circle than the shape of the left/
right halves (long narrow rectangles).
(ii) A coin flip selects the bottom
half. The dimensions of this selected
surface area are 1⁄4 meter high and 1⁄4
meter wide.
(5) Selecting the fifth half:
(i) Just as for the selection of the
first and third halves, both the left/
right and the top/bottom halves have
the same shape when compared to a
circle (both are rectangles having the
same dimensions). Therefore, choose
either left/right or top/bottom halves.
This example will select from left/right
halves.
(ii) A coin flip selects the right half.
The dimensions of the selected surface
are 1⁄8 meter by 1⁄4 meter.
(6) Selecting the sixth half:
(i) If the next selection of halves was
left/right, the halves would be rectangles four times as long as they are wide
(1⁄16 meter wide and 1⁄4 meter high.

Halves selected from top/bottom would
be square (1⁄8 meter on a side). Therefore, select the next halves top/bottom,
because the shape of the top/bottom
halves (square) are closer to the shape
of a circle than the shape of the left/
right halves (long narrow rectangles).
(ii) A coin flip selects the top half.
The dimensions of this selected surface
are 1⁄8 meter high and 1⁄8 meter wide or
12.5 cm by 12.5 cm.
(7) Collect a standard wipe test sample in the sixth half. Since the dimensions of half of the sixth half would be
12.5 cm by 6.25 cm, the area (approximately 78 cm2) would be less than the
required 100 cm2 minimum area for the
standard wipe test. Therefore, no further sampling by halves is necessary.
Take the standard wipe test samples of
the entire selected sixth half.
§ 761.308 Sample selection by random
number generation on any two-dimensional square grid.
(a) Divide the surface area of the
non-porous surface into rectangular or
square areas having a maximum area
of 1 square meter and a minimum dimension of 10 centimeters.
(b) Measure the length and width, in
centimeters, of each area created in
paragraph (a) of this section. Round off
the number of centimeters in the
length and the width measurements to
the nearest centimeter.
(c) For each 1 square meter area created in accordance with paragraph (a)
of this section, select two random numbers: one each for the length and width
borders measured in paragraph (b) of
this section. An eligible random number can be from zero up to the total
width, minus 10 centimeters.
(d) Locate the 10 centimeter by 10
centimeter sample.
(1) Orient the 1 square meter surface
area so that, when you are facing the
area, the length is left to right and the
width is top to bottom. The origin, or
reference point for measuring selected
random numbers of centimeters to the
sampling area, is on the lower left corner when facing the surface.
(2) Mark the random number selected
for the length distance, in centimeters,
from the origin to the right (at the bottom of the area away from the origin).

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§ 761.310

40 CFR Ch. I (7–1–18 Edition)

(3) From the marked length distance
on the bottom of the area, move perpendicularly up from the bottom of the
area into the area for the distance randomly selected for the width.
(4) Use the point determined in paragraph (d)(3) of this section as the lower
left corner of the 10 centimeter by 10
centimeter sample.
§ 761.310 Collecting the sample.
Use the standard wipe test as defined
in § 761.123 to sample one 10 centimeter
by 10 centimeter square (100 cm2) area
to represent surface area PCB concentrations of each square meter or
fraction of a square meter of a nearly
flat, non-porous surface. For small surfaces, use the same procedure as for the
standard wipe test, only sample the entire area, rather than 10 centimeter by
10 centimeter squares.

kpayne on VMOFRWIN702 with $$_JOB

§ 761.312 Compositing of samples.
For a surface originally contaminated by a single source of PCBs with
a uniform concentration, it is permissible to composite surface wipe test
samples and to use the composite
measurement to represent the PCB
concentration of the entire surface.
Composite samples consist of more
than one sample gauze extracted and
chemically analyzed together resulting
in a single measurement. The composite measurement represents an
arithmetic mean of the composited
samples.
(a) Compositing samples from surfaces
to be used or reused. For small or irregularly shaped surfaces or large nearly
flat surfaces, if the surfaces are contaminated by a single source of PCBs
with a uniform concentration, composite a maximum of three adjacent
samples.
(b) Compositing samples from surfaces
to be disposed of off-site or on-site. (1)
For small or irregularly shaped surfaces, composite a maximum of three
adjacent samples.
(2) For large nearly flat surfaces,
composite a maximum of 10 adjacent
samples.
§ 761.314 Chemical analysis of standard wipe test samples.
Perform the chemical analysis of
standard wipe test samples in accord-

ance with § 761.272. Report sample results in micrograms per 100 cm2.
§ 761.316 Interpreting PCB concentration measurements resulting from
this sampling scheme.
(a) For an individual sample taken
from an approximately 1 meter square
portion of the entire surface area and
not composited with other samples, the
status of the portion is based on the
surface concentration measured in that
sample. If the sample surface concentration is not equal to or lower
than the cleanup level, by inference the
entire 1 meter area, and not just the
immediate area where the sample was
taken, is not equal to or lower than the
cleanup level.
(b) For areas represented by the
measurement results from compositing
more than one 10 centimeter by 10 centimeter sample, the measurement for
the composite is the measurement for
the entire area. For example, when
there is a composite of 10 standard
wipe test samples representing 9.5
square meters of surface area and the
result of the analysis of the composite
is 20 μg/100 cm2, then the entire 9.5
square meters has a PCB surface concentration of 20 μg/100 cm2, not just the
area in the 10 cm by 10 cm sampled
areas.
(c) For small surfaces having irregular contours, where the entire surface
was sampled, measure the surface area.
Divide 100 cm2 by the surface area and
multiply this quotient by the total
number of micrograms of PCBs on the
surface to obtain the equivalent measurement of micrograms per 100 cm2.

Subpart Q—Self-Implementing Alternative
Extraction
and
Chemical Analysis Procedures
for Non-liquid PCB Remediation Waste Samples
SOURCE: 63 FR 35468, June 29, 1998, unless
otherwise noted.

§ 761.320

Applicability.

This subpart describes self-implementing comparison testing requirements for chemical extraction and
chemical analysis methods used as an
alternative to the methods required in

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Environmental Protection Agency

§ 761.326

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§ 761.272 or § 761.292. Any person conducting comparison testing under this
subpart must comply with the requirements of § 761.80(i), including notification. Use alternative methods only
after successful completion of these
comparison testing requirements and
after documentation of the results of
the testing.
§ 761.323 Sample preparation.
(a) The comparison study requires
analysis of a minimum of 10 samples
weighing at least 300 grams each. Samples of PCB remediation waste used in
the comparison study must meet the
following three requirements.
(1) The samples must either be taken
from the PCB remediation waste at the
cleanup site, or must be the same kind
of material as that waste. For example,
if the waste at the cleanup site is
sandy soil, you must use the same kind
of sandy soil in the comparison study.
Do not use unrelated materials such as
clay soil or dredged sediments in place
of sandy soil.
(2) PCB remediation waste may contain interferences which confound or
hamper sample extraction and chemical analysis. These interferences may
be from chemicals or other attributes
preexisting in the waste material, resulting from the PCB contamination
source, or resulting from treatment to
remove or destroy PCBs. Comparison
study samples must also contain these
interfering materials to demonstrate
successful analysis in their presence.
For example, a PCB remediation waste
may have been co-disposed with chlorobenzene solvents or chlorinated pesticides. These chlorinated compounds
would have to be present in the comparison study compounds at the same
levels found, or at the highest levels
expected to be found, in the PCB remediation waste. As another example, for
PCB remediation waste which had been
solvent washed with liquid amines to
remove PCBs, comparison study samples would have to contain concentrations of these amines at the same levels found, or at the highest levels expected to be found, in the PCB remediation waste.
(b) Prior to initiating the comparison
study, confirm the following PCB concentrations in the comparison study

samples using the methods specified in
§ 761.292. All samples of non-liquid PCB
remediation waste must have PCB concentrations between 0.1 and 150 ppm.
(1) A minimum of three comparison
study samples must have PCB concentrations above the cleanup level
specified for the site in § 761.61(a)(4) and
a minimum of three comparison study
samples must have PCB concentrations
below the specified cleanup level.
(2) At least one comparison study
sample must have a PCB concentration
≥90 percent and ≤100 percent of the
cleanup level.
(3) At least one comparison study
sample must have a PCB concentration
≥100 percent and ≤110 percent of the
cleanup level.
(c) If the comparison study samples
do not have the concentrations or concentration ranges required by paragraph (b) of this section, for purposes
of use in this chemical extraction and
chemical analysis comparison study, a
person may adjust PCB concentrations
by dilution. Any excess material resulting from the preparation of these
samples, which is not used as an analytical sample, is regulated as the PCB
concentration in the component having
the highest PCB concentration of the
component materials in the sample.
§ 761.326 Conducting the comparison
study.
Extract or analyze the comparison
study samples using the alternative
method. For an alternative extraction
method or alternative analytical method to be comparable to the methods required in § 761.292, all of the following
conditions must be met.
(a) All samples having PCB concentrations greater than or equal to
the level of concern, as measured by
the methods required in § 761.292, are
found to be greater than or equal to
the level of concern as measured by the
alternative method (no false negatives).
(b) Only one sample which contains
PCBs at a level less than the level of
concern, as measured by the methods
required in § 761.292, is found to have a
PCB concentration greater than the
level of concern as measured by the alternative method (false positive); and
all other samples which contain PCBs

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§ 761.340

40 CFR Ch. I (7–1–18 Edition)

at levels less than the level of concern,
as measured by the methods required
in § 761.292, are found by the alternative
method to have PCBs less than the
level of concern (there are no additional false positives).

Subpart R—Sampling Non-Liquid,
Non-Metal PCB Bulk Product
Waste for Purposes of Characterization for PCB Disposal in
Accordance With § 761.62,
and Sampling PCB Remediation Waste Destined for OffSite Disposal, in Accordance
With § 761.61
SOURCE: 63 FR 35469, June 29, 1998, unless
otherwise noted.

§ 761.340 Applicability.
Use the procedures specified in this
subpart to sample the following types
of waste when it is necessary to analyze the waste to determine PCB concentration or leaching characteristics
for storage or disposal.
(a) Existing accumulations of nonliquid, non-metal PCB bulk product
waste.
(b) Non-liquid, non-metal PCB bulk
product waste from processes that continuously generate new waste.
(c) Non-liquid PCB remediation
waste from processes that continuously
generate new waste, that will be sent
off-site for disposal.

kpayne on VMOFRWIN702 with $$_JOB

§ 761.345 Form of the waste to be sampled.
PCB bulk product waste and PCB remediation waste destined for off-site
disposal must be in the form of either
flattened or roughly conical piles. This
subpart also contains a procedure for
contemporaneous sampling of waste as
it is being generated.
§ 761.346 Three levels of sampling.
To select a sample of the waste and
prepare it for chemical extraction and
analysis, there are three required levels of random sampling.
(a) First, select a single 19-liter (5
gallon) portion from a composite accumulated
either
contemporaneously
with the generation of the waste or by
sampling an existing pile of waste. Col-

lection procedures for the first level of
sampling from existing piles of waste
are in § 761.347. Collection procedures
for the first level of sampling from a
contemporaneous generation of waste
are in § 761.348. Compositing requirements and requirements for the subsampling of composite samples to result in a single 19-liter sample are in
§ 761.350. Send the 19-liter sample to the
laboratory for the second and third levels of sampling, including particle size
reduction for leach testing and drying
as required by § 761.1(b)(4).
(b) Second, at the laboratory, select
one quarter of the 19-liter sample. Procedures the laboratory must use for
this second level of sample selection
appear in § 761.353.
(c) Third, select a 100 gram subsample from the second level subsample. Procedures the laboratory
must use for this third level of sample
selection appear in § 761.355.
§ 761.347 First level sampling—waste
from existing piles.
(a) General. Sample piles that are either specifically configured for sampling (see paragraph (b) of this section)
or that are of conical shape (see paragraph (c) of this section). If sampling
from either of these shapes is not possible, conduct contemporaneous sampling, in accordance with the procedures in § 761.348, or obtain the approval of the Regional Administrator
for an alternate sampling plan in accordance with § 761.62(c).
(b) Specifically configured piles. A specifically configured pile is a single flattened pile in the shape of a square or
rectangle having no restrictions on
length or width but restricted to 30 cm
(1 foot) in depth. A square shaped pile
facilitates sampling site selection for
the first level sample. Select eight 19liter samples from the pile and composite them into one 19-liter sample as
follows:
(1) Divide the pile into quarters.
(2) Divide each of the quarter sections into quarters (i.e., into sixteenths
of the original pile).
(3) Select two sixteenths from each of
the four quarters, according to one of
the two following options:
(i) Randomly select the two sixteenths from one quarter and sample

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Environmental Protection Agency

§ 761.347

the sixteenths occupying the same positions in each of the other three quarters.
(ii) Randomly select two sixteenths
from each of the four quarters (i.e.,
perform a random selection four different times).
(4) At this point the eight selected
sixteenths undergo further division and
sample selection. Divide each of the
eight selected sixteenths into four
equal parts. Using a random number
generator or random number table, select one of the four equal parts from
each of the eight equal areas. If each of
the four equal parts has a volume >76
liters when projected downwards 30 cm,
continue to divide each selected area
into four equal parts, and select one of
the parts, until each selected area has
a volume of <76 liters but ≥19 liters.
When projected to a depth of 30 cm, a
square having a 25 cm side or a circle
having a diameter of approximately
28.5 cm equals a volume of approximately 19 liters. The volume of 76 liters
is equal to the volume enclosed by a
square having a side of 50 cm (or other
shape having an area of 250 cm2) projected to a depth of 30 cm.
(5) Take one sample of approximately
19 unsorted liters of waste from each of
the eight selected areas. Place each
sample into a separate 19-liter container, allowing only sufficient space
at the top of the container to secure
the lid.
(6) Composite the eight 19-liter samples in accordance with § 761.350.
(c) Conical-shaped piles. If it is necessary to sample a pile which is too
large to be spread on the site to a uniform thickness of 1 foot or 30 cm, or if
there are too many piles to spread out
in the space available, use the following procedure to sample the piles.
This procedure assumes that the shape
of the piles is analogous to a cone; that
is, having a circular base with PCB
bulk product waste or PCB remediation
waste destined for off-site disposal
stacked up uniformly to a peak that is
a point centered above the center of
the circular base. Collect eight 19-liter
samples as follows:
(1) Collecting samples from more than
one pile. If the PCB bulk product waste
or PCB remediation waste consists of
more than one pile or container, assign

each pile or container an integer number and then generate seven random integer numbers to select the piles from
which you will collect samples. It is
possible that this random selection
procedure will result in selecting the
same pile number more than once, even
if seven or more piles are present. If so,
sample the pile once and restart the
sampling collection process to collect
additional samples. Do not collect multiple samples from the same location
in the pile.
(2) Collecting samples from a single pile.
If only one pile or container is present,
collect all eight samples from the same
pile.
(3) Setting up the sample site selection
system from a pile. Locate a sample in a
pile by the use of three parameters: a
particular radial direction, ‘‘r,’’ from
the peak at the center of the pile to the
outer edge at the base of the pile; a
point, ‘‘s,’’ along that radial direction
between the peak of the pile and the
outer edge of the base of the pile; and
a depth, ‘‘t’’, beneath point ‘‘s.’’ The
top of the sample material will be
below depth t, at point s, on radius r.
Use a rod, dowel, stake, or broom handle as a marker. Nail or otherwise fasten to the top of the marker two pieces
of string or cord of sufficient length
and strength to reach from the top of
the marker at the top of the pile to the
farthest peripheral edge at the bottom
of the pile, when the marker is positioned at the top or apex of the pile.
Pound or push the marker into the top
center (apex) of the pile, downward toward the center of the base. Insert the
marker for at least 30 cm or one foot
until the marker is rigidly standing on
its own, even when the cord is pulled
tight to the bottom peripheral edge of
the pile. Ensure that the marker protrudes from the top of the pile sufficiently to allow the strings to move
easily around the pile when they are
pulled tight. Select the three parameters and the sampling location as follows:
(i) Determine the radial component
(r) of the location for each sample.
(A) Tie to a stake or otherwise fasten
one of the strings at ‘‘b,’’ the bottom of
the pile, as a reference point for finding r.

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§ 761.348

40 CFR Ch. I (7–1–18 Edition)

(B) Measure the circumference ‘‘c,’’
the distance around the bottom of the
pile. Determine r from b in one of two
ways:
(1) Multiply c by a randomly generated fraction or percentage of one.
(2) Select a random number between
one and the total number of centimeters in c.
(C) Locate r by starting at b, the
place where the fixed string meets the
base of the pile, and travel clockwise
around the edge of the pile at the base
for the distance you selected in paragraph (c)(3)(i)(B) of this section.
(D) Fasten the second string at the
selected distance. The second string
marks the first parameter r.
(ii) Determine the second parameter
s of the location for each sample.
(A) Measure the distance, l, along the
string,
positioned
in
paragraph
(c)(3)(i)(D) of this section, from the top
to the bottom of the pile at the selected radial distance r. Determine the
distance s from l in one of two ways:
(1) Multiply l by a randomly generated fraction or percentage of one.
(2) Select a random number between
one and the total number of centimeters in l.
(B) Mark, for example by placing a
piece of tape on the string positioned
according to paragraph (c)(3)(i)(D) of
this section, the distance s, up from the
bottom of the pile on the string at r.
(iii) Determine the third and final parameter t of the location for each sample.
(A) Mark and number 1 cm intervals
from one end of a rigid device, for example a rod, dowel, stake, or broom
handle, for measuring the distance
from the top of the pile to the bottom
at the point s selected in paragraph
(c)(3)(ii)(B) of this section. The marked
and numbered device shall be of sufficient strength to be forced down
through the maximum depth of the pile
and sufficient length to measure the
depth of the waste in the pile at any
point.
(B) Take the measuring device, constructed
according
to
paragraph
(c)(3)(iii)(A) of this section, and at position s, push the end of the device
marked with zero straight down into
the pile until it reaches the bottom of
the pile or ground level. The vertical

distance ‘‘v’’ is the number of centimeters from the surface of the pile at
point s on the string to the bottom of
the pile or ground level. Read the distance v on the measuring device at the
surface of the pile. From the distance
v, determine t, in one of two ways:
(1) Randomly generate a fraction of
one and multiply the fraction times v.
(2) Select a random number between
zero and the total number of centimeters of the vertical distance v.
(iv) Dig a hole straight down into the
pile for t centimeters (inches) from the
surface of the pile at s.
(v) At depth t, directly under the s
mark on the string, outline the top of
the sample container and collect (shovel) all waste under the outline in the
following order of preference in paragraphs (c)(3)(v)(A) through (c)(3)(v)(C)
of this section. It is possible that some
of the eight sampling locations will not
provide 19 liters of sample.
(A) For a depth of 30 cm.
(B) Until the container is full.
(C) Until the ground level is reached.
(d) Compositing the samples. Composite
the eight 19-liter samples and subsample in accordance with § 761.350.
Send the subsample to a laboratory for
further sampling as described in
§§ 761.353 and 761.355 and for chemical
extraction and analysis. If there is insufficient sample for a 19-liter sample
from the composite sample composed
of the eight iterations of sample site
selection, according to the procedures
in paragraphs (c)(3)(i) through (c)(3)(v)
of this section, select additional sample sites, collect additional samples
and composite the additional waste in
the samples until a minimum of 19 liters is in the composite.
[63 FR 35469, June 29, 1998, as amended at 64
FR 33762, June 24, 1999]

§ 761.348

Contemporaneous sampling.

Contemporaneous sampling is possible when there is active generation of
waste and it is possible to sample the
waste stream as it is generated. Collect
eight 19-liter samples as follows.
(a) Collect each sample by filling a
19-liter (5 gallon) container at a location where the PCB bulk product waste
is released from the waste generator

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Environmental Protection Agency

§ 761.353

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onto a pile or into a receptacle container before the waste reaches the pile
or receptacle container.
(b) Determine a sample collection
start time using a random number generator or a random number table to select a number between 1 and 60. Collect
the first sample at the randomly selected time in minutes after start up of
the waste output, or if the waste is currently being generated, after the random time is selected. For example, if
the randomly selected time is 35, begin
collection 35 minutes after the start up
of waste generation. Similarly, if waste
output is ongoing and the random start
determination occurred at 8:35 a.m.,
collect the first sample at 9:10 a.m. (35
minutes after the random start determination).
(c) Collect seven more samples, one
every 60 minutes after the initial sample is collected. If the waste output
process stops, stop the 60–minute interval time clock. When the process restarts, restart the 60–minute interval
time clock and complete the incomplete 60–minute interval.
(d) Composite the eight 19-liter samples and subsample in accordance with
§ 761.350.
§ 761.350 Subsampling from composite
samples.
(a) Preparing the composite. Composite
the samples (eight from a flattened
pile; eight or more from a conical pile;
eight from waste that is continuously
generated) and select a 19-liter subsample for shipment to the chemical
extraction and analysis laboratory for
further subsampling. There are two options for the preparation of the composite:
(1) Option one. Place all of the contents of all 19-liter samples that you
collected into a 209 liter (55 gallon)
drum or similar sized, cylinder-shaped
container. Completely close the container, and roll it 10 or more complete
revolutions to mix the contents.
(2) Option two. Add the 19-liter samples one at a time to a 209 liter (55 gallon) drum. Between the addition of
each 19-liter sample, stir the composite
using a broom handle or similar long,
narrow, sturdy rod that reaches the
bottom of the container. Stir the mixture for a minimum of 10 complete rev-

olutions of the stirring instrument
around the container at a distance approximately half way between the outside and center of the container.
(b) Selecting a 19-liter subsample from
the composite. Once the composite is
mixed, pour the mixture of waste out
on a plastic sheet and either divide it
into 19-liter size piles or make one
large pile.
(1) From 19-liter sized piles, use a
random number generator or random
number table to select one of the piles.
(2) From one large pile, flatten the
pile to a depth of 30 cm and divide it
into 4 quarters of equal size. Use a random number generator or random number table to select one quarter of the
pile. Further divide the selected quarter pile into 19-liter portions and use a
random number generator or random
number table to select one 19-liter portion. A square having a 25 cm side or a
circle having a diameter of approximately 28.5 cm when projected downwards 30 cm equals approximately 19 liters.
(c) Transferring the sample to the analytical laboratory. Place the selected 19liter subsample in a container, approved for shipment of the sample, to
the chemical extraction and analysis
laboratory, for the next step in sample
selection in accordance with § 761.353.
§ 761.353 Second level of sample selection.
The second level of sample selection
reduces the size of the 19-liter subsample that was collected according to
either § 761.347 or § 761.348 and subsampled according to § 761.350. The purpose
of the sample size reduction is to limit
the amount of time required to manually cut up larger particles of the waste
to pass through a 9.5 millimeter (mm)
screen.
(a) Selecting a portion of the subsample
for particle size reduction. At the chemical extraction and analysis laboratory, pour the 19-liter subsample onto a
plastic sheet or into a pan and divide
the subsample into quarters. Use a random number generator or random number table to select one of these quarters.
(b) Reduction of the particle size by the
use of a 9.5 mm screen. Collect the contents of the selected quarter of waste

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§ 761.355

40 CFR Ch. I (7–1–18 Edition)

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resulting from conducting the procedures in paragraph (a) of this section
and shake the waste in a 9.5 mm
screen. Separate the waste material
which passes through the screen from
the waste material which does not pass
through the screen. Manually cut or
otherwise reduce the size of all parts of
the waste portion which did not pass
through the 9.5 mm screen, such that
each part of the waste shall pass
through the 9.5 mm screen by shaking.
(c) Drying the reduced particle size
waste. Dry all of the waste portion resulting from conducting the procedures
in paragraph (b) of this section, from 10
to 15 hours in a drying oven at 100 °C.
Allow the dried waste to cool to room
temperature.
(d) Mixing the dried waste. Place all of
the waste resulting from conducting
the procedures in paragraph (c) of this
section in a 19-liter pail or similarly
sized, cylinder-shaped container. Mix
the dried material according to one of
the two following options:
(1) First mixing option. Completely
close the container and roll the container a minimum of 10 complete revolutions to mix the contents.
(2) Second mixing option. Use a sturdy
stirring rod, such as a broom handle or
other device that reaches the bottom of
the container, to stir the waste for a
minimum of 10 complete revolutions
around the container at a distance approximately half way between the outside and the center of the container.
§ 761.355 Third level of sample selection.
The third level of sample selection
further reduces the size of the subsample to 100 grams which is suitable
for the chemical extraction and analysis procedure.
(a) Divide the subsample resulting
from conducting the procedures in
§ 761.353 of this part into 100 gram portions.
(b) Use a random number generator
or random number table to select one
100 gram size portion as a sample for a
procedure used to simulate leachate
generation.
(c) Dry the 100 gram sample, selected
after conducting the procedure in paragraph (b) of this section, for 10 to 15
hours in a drying oven at 100 °C and

cool it to the analytical laboratory
room temperature before analysis
using a procedure used to simulate
leachate generation. This sample was
dried previously in the larger quantity
sample at the second level of sampling
(§ 761.353(c)) and is dried a second time
here (in the third level of sample selection). This dried and cooled sample
must weigh at least 50 grams.
(d) If the dried and cooled sample
weighs <50 grams, select additional 100
gram portions of sample one at a time
by repeating the directions in paragraph (b) and (c) of this section, and
add each additional 100 gram portion of
sample to the first 100 gram portion
until at least 50 grams of dried material is in the sample to be analyzed
using a procedure used to simulate
leachate generation.
§ 761.356

Conducting a leach test.

No method is specified as a procedure
used to simulate leachate generation.
§ 761.357 Reporting the results of the
procedure used to simulate leachate generation.
Report the results of the procedure
used to simulate leachate generation
as micrograms PCBs per liter of extract from a 100 gram sample of dry
bulk product waste. Divide 100 grams
by the grams in the sample and multiply this quotient by the number of
micrograms PCBs per liter of extract
to obtain the equivalent measurement
from a 100 gram sample.
§ 761.358 Determining the PCB concentration of samples of waste.
Use either Method 3500B/3540C or
Method 3500B/3550B from EPA’s SW-846,
Test Methods for Evaluating Solid
Waste, or a method validated under
subpart Q of this part, for chemical extraction of PCBs from individual and
composite samples of PCB bulk product waste. Use Method 8082 from SW846, or a method validated under subpart Q of this part, to analyze these extracts for PCBs.
§ 761.359 Reporting the PCB
centrations in samples.

Report all sample concentrations as
ppm by weight on a dry weight basis.

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Environmental Protection Agency

§ 761.375

Subpart S—Double Wash/Rinse
Method for Decontaminating
Non-Porous Surfaces
SOURCE: 63 FR 35472, June 29, 1998, unless
otherwise noted.

§ 761.360

Background.

The double wash/rinse procedure is
used to quickly and effectively remove
PCBs on surfaces. It is important to select and use the proper cleanup equipment, to conduct the procedure correctly so as not to redistribute PCBs,
and to comply with disposal requirements for all cleanup materials.
§ 761.363

Applicability.

The double wash/rinse procedure includes two washing steps and two rinsing steps. The two washing and rinsing
steps are slightly different depending
on whether a contaminated surface was
relatively clean before the spill (see
§ 761.372), or whether the surface was
coated or covered with dust, dirt,
grime, grease or another absorbent material (see § 761.375).
§ 761.366

Cleanup equipment.

(a) Use scrubbers and absorbent pads
that are not dissolved by the solvents
or cleaners used, and that do not shred,
crumble, or leave visible fragments on
the surface. Scrubbers and absorbent
pads used to wash contaminated surfaces must not be reused. Scrubbers
and absorbent pads for rinsing must
not contain ≥2 ppm PCBs. Scrubbers
and absorbent pads used in the second
rinse of contaminated surfaces may be
reused to wash contaminated surfaces.
(b) Capture and contain all solvents
and cleaners for reuse, decontamination, or disposal. Clean organic solvents contain <2 ppm PCBs. Clean
water contains <3 ppb PCBs.

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§ 761.369

Pre-cleaning the surface.

If visible PCB-containing liquid is
present on the surface to be cleaned,
thoroughly wipe or mop the entire surface with absorbent paper or cloth
until no liquid is visible on the surface.

§ 761.372 Specific requirements for relatively clean surfaces.
For surfaces that do not appear dusty
or grimy before a spill, such as glass,
automobile surfaces, newly-poured concrete, and desk tops, use the double
wash/rinse procedures in this section.
(a) First wash. Cover the entire surface with organic solvent in which
PCBs are soluble to at least 5 percent
by weight. Contain and collect any
runoff solvent for disposal. Scrub rough
surfaces with a scrub brush or disposable scrubbing pad and solvent such
that each 900 cm2 (1 square foot) of the
surface is always very wet for 1
minute. Wipe smooth surfaces with a
solvent-soaked, disposable absorbent
pad such that each 900 cm2 (1 square
foot) is wiped for 1 minute. Any surface
<1 square foot shall also be wiped for 1
minute. Wipe, mop, and/or sorb the solvent onto absorbent material until no
visible traces of the solvent remain.
(b) First rinse. Wet the surface with
clean rinse solvent such that the entire
surfaces is very wet for 1 minute. Drain
and contain the solvent from the surface. Wipe the residual solvent off the
drained surface using a clean, disposable absorbent pad until no liquid is
visible on the surface.
(c) Second wash. Repeat the procedures in paragraph (a) of this section.
The rinse solvent from the first rinse
(paragraph (b) of this section) may be
used.
(d) Second rinse. Repeat the procedures in paragraph (b) of this section.
§ 761.375 Specific requirements for
surfaces coated or covered with
dust, dirt, grime, grease, or another
absorbent material.
(a) First wash. Cover the entire surface with concentrated or industrial
strength detergent or non-ionic surfactant solution. Contain and collect all
cleaning solutions for proper disposal.
Scrub rough surfaces with a scrub
brush or scrubbing pad, adding cleaning solution such that the surface is always very wet, such that each 900 cm2
(1 square foot) is washed for 1 minute.
Wipe smooth surfaces with a cleaning
solution-soaked disposable absorbent
pad such that each 900 cm2 (1 square
foot) is wiped for 1 minute. Wash any
surface <1 square foot for 1 minute.

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§ 761.378

40 CFR Ch. I (7–1–18 Edition)

Mop up or absorb the residual cleaner
solution and suds with a clean, disposable, absorbent pad until the surface
appears dry. This cleaning should remove any residual dirt, dust, grime, or
other absorbent materials left on the
surface during the first wash.
(b) First rinse. Rinse off the wash solution with 1 gallon of clean water per
square foot and capture the rinse
water. Mop up the wet surface with a
clean, disposable, absorbent pad until
the surface appears dry.
(c) Second wash. Follow the procedure
in § 761.372(a).
(d) Second rinse. Follow the procedure
in § 761.372(b).
§ 761.378 Decontamination, reuse, and
disposal of solvents, cleaners, and
equipment.
(a) Decontamination. Decontaminate
solvents and non-porous surfaces on
equipment in accordance with the
standards and procedures in § 761.79(b)
and (c).
(b) Reuse. A solvent may be reused so
long as its PCB concentration is <50
ppm. Decontaminated equipment may
be reused in accordance with § 761.30(u).
Store solvents and equipment for reuse
in accordance with § 761.35.
(c) Disposal. Dispose of all solvents,
cleaners, and absorbent materials in
accordance with § 761.79(g). Dispose of
equipment
in
accordance
with
§ 761.61(a)(5)(v)(A), or decontaminate in
accordance with § 761.79(b) or (c). Store
for disposal equipment, solvents, cleaners, and absorbent materials in accordance with § 761.65.

Subpart T—Comparison Study for
Validating a New Performance-Based Decontamination
Solvent Under § 761.79(d)(4)

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SOURCE: 63 FR 35473, June 29, 1998, unless
otherwise noted.

§ 761.380 Background.
This subpart provides self-implementing criteria for validating the
conditions for use in performancebased decontamination of solvents
other than those listed in § 761.79(c)(3)
and (c)(4). Any person may use this
subpart for validating either a chemical formulation or a product with a

trade name whether or not the constituents of the product are proprietary.
§ 761.383

Applicability.

Use the self-implementing decontamination procedure only on smooth,
non-porous surfaces that were once in
contact with liquid PCBs. Decontamination procedures under this subpart shall exactly parallel § 761.79(c)(3)
and (c)(4), except that the procedures
described
in
§ 761.79(c)(3)(iii)
and
(c)(3)(iv) and (c)(4)(iii), (c)(4)(iv) and
(c)(4)(vii) may be revised to contain parameters validated in accordance with
this subpart.
§ 761.386 Required experimental conditions for the validation study and
subsequent use during decontamination.
The following experimental conditions apply for any solvent:
(a) Temperature and pressure. Conduct
the validation study and perform decontamination at room temperature
(from ≥15 °C to ≤30 °C) and at atmospheric pressure.
(b) Agitation. Limit the movement in
the solvent to the short-term movement from placing the contaminated
surface into the soak solvent and from
removing the surface from the soak
solvent.
(c) Time of soak. Soak the surface for
a minimum of 1 hour.
(d) Surface conditions for the validation
study. Prior to beginning the validation
study, ensure that there are no freeflowing liquids on surfaces and that
surfaces are dry (i.e., there are no liquids visible without magnification).
Also ensure that surfaces are virtually
free from non-liquid residues, corrosion, and other defects which would
prevent the solvent from freely circulating over the surface.
(e) Confirmatory sampling for the validation study. Select surface sample locations using representative sampling
or a census. Sample a minimum area of
100 cm2 on each individual surface in
the validation study. Measure surface
concentrations using the standard wipe
test, as defined in § 761.123, from which
a standard wipe sample is generated for
chemical analysis. Guidance for wipe

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Environmental Protection Agency

§ 761.392

sampling appears in the document entitled ‘‘Wipe Sampling and Double Wash/
Rinse Cleanup as Recommended by the
Environmental Protection Agency PCB
Spill Cleanup Policy,’’ available on
EPA’s Web site at http://www.epa.gov/
pcb, or from the Program Management,
Communications, and Analysis Office,
Office of Resource Conservation and
Recovery (5305P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001.
(f) Concentration of PCBs. The method
validated may be used only to decontaminate surfaces containing PCBs at
concentrations on which the validation
study was performed and lower concentrations.

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[63 FR 35473, June 29, 1998, as amended at 72
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25,
2009]

§ 761.389 Testing parameter requirements.
There are no restrictions on the variable testing parameters described in
this section which may be used in the
validation study. The conditions demonstrated in the validation study for
these variables shall become the required conditions for decontamination
using the solvent being validated and
shall replace the comparable conditions in § 761.79(b)(3) through (b)(6).
There are limited potential options for
varying a single requirement in this
section. If you change one of these
variable requirements, change it only
in the way listed in this section and do
not change any other validated conditions. If you desire to change more
than one of the requirements in this
section, you must conduct a new study
to validate the decontamination under
the desired conditions.
(a) The study apparatus is not standardized. Critical components of the
study are the PCB material (for example MODEF or some other spiking solution), the volume of the soaking solvent, and the area of the contaminated
surface. The EPA study used beakers
and shallow dishes as the experimental
vessels to contain the surface and solvent during the soaking process. In
order to minimize surface-to-volume
ratios, it is convenient to utilize flat
contaminated surfaces and shallow solvent containers. During the validation

study, use the same ratio of contaminated surface area to soak solvent volume as would be used during actual decontamination. It is also permissible to
use a smaller surface area to soaking
solvent volume than used in the validation study, so long as all other required
parameters are used as validated in the
confirmation required in § 761.386 (a)
through (f), and paragraphs (a) through
(c) of this section. Do not use a larger
surface-area-to-solvent-volumes ratio
or different kind of solvent based on
the results of the validation study.
(b) Except for the minimum soak
time of 1 hour (as required in
§ 761.386(c)), the length of soak time is
not otherwise restricted in the validation study. The soak time used in the
validation study, however, is a use requirement
for
subsequent
decontamination using the solvent being
validated. It is permissible to use
longer soak times for decontamination
than the soak time used in the validation study, if all other parameters required in § 761.386, and paragraphs (a)
and (c) of this section are used.
(c) There is no restriction on the
kind of material containing PCBs to
use to create the surface contamination for the validation study. There is
also no restriction on the level of starting PCB surface concentration. It is
permissible to use lower concentrations of PCB than the concentration
used in the validation study, if all
other parameters required in § 761.386
(a) through (f), and paragraphs (a)
through (c) of this section are used.
§ 761.392 Preparing
samples.

validation

(a)(1) To validate a procedure to decontaminate a surface contaminated
with a spill from liquid of a known concentration, contaminate (spike) the
surface to be used in the validation
study as follows:
(i) Use a spiking solution made of
PCBs mixed with a solvent to contaminate clean surfaces. Clean surfaces are
surfaces having PCB surface concentrations <1 μg/100 cm2 before intentionally
contaminating the surface.
(ii) Prior to contaminating a surface
for the validation study, mark the surface sampling area to assure that it is

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§ 761.395

40 CFR Ch. I (7–1–18 Edition)

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completely covered with the spiking
solution.
(iii) Deliver the spiking solution onto
the surface, covering all of the sampling area. Contain any liquids which
spill or flow off the surface. Allow the
spiking solution to drip drain off into a
container and then evaporate the spiking solution off the contaminated surface prior to beginning the validation
study. Contaminate a minimum of
eight surfaces for a complete validation study.
(iv) As a quality control step, test at
least one contaminated surface to determine the PCB concentration to
verify that there are measurable surface levels of PCBs resulting from the
contamination before soaking the surface in the decontamination solvent.
The surface levels of PCBs on the contaminated surfaces must be ≥20 μg/100
cm2.
(2) To validate a procedure to decontaminate a specified surface concentrations of PCBs as measured by a standard wipe sample, contaminate a minimum of 10 surfaces. Contaminate all
the surfaces identically following the
procedures in paragraph (a)(1) of this
section and measure the PCB surface
concentrations of at least three of the
surfaces using a standard wipe test to
establish a surface concentration to be
included in the standard operating procedure. The surface levels of PCBs on
the contaminated surfaces must be ≥20
μg/100 cm2.
(b) [Reserved]
§ 761.395 A validation study.
(a) Decontaminate the following prepared sample surfaces using the selected testing parameters and experimental conditions. Take a standard
wipe sample of the decontaminated
surface.
(1) At least one uncontaminated surface. The surface levels of PCBs on the
uncontaminated surface must be <1 μg/
100 cm2.
(2) At least seven contaminated surfaces.
(b)(1) Use SW-846, Test Methods for
Evaluating Solid Waste methods for
sample extraction and chemical analysis as follows: Use Method 3500B/3540C
or Method 3500B/3550B for the extraction and cleanup of the extract and

Method 8082 for the chemical analysis,
or methods validated under subpart Q
of this part.
(2) Report all validation study surface sample concentrations on the
basis of micrograms of PCBs per 100
cm2 of surface sampled.
(c) Following completion of the validation study, measurements from the
contaminated surfaces must have an
arithmetic mean of ≤10 μg/100 cm2. If
the arithmetic mean is >10 μg/100 cm2,
then the validation study failed and
the solvent may not be used for decontamination under § 761.79(d)(4) according to the parameters tested.
§ 761.398 Reporting
keeping.

and

(a) Submit validation study results
to the Director, Office of Resource Conservation and Recovery (5301P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001, prior to the first use of a
new solvent for alternate decontamination under § 761.79(d)(4). The use of a
new solvent is not TSCA Confidential
Business Information (CBI). From time
to time, EPA will confirm the use of
validated new decontamination solvents and publish the new solvents and
validated decontamination procedures
in the FEDERAL REGISTER.
(b) Any person may begin to use solvent validated in accordance with this
subpart at the time results are submitted to EPA.
(c) Record all testing parameters and
experimental conditions from the successful validation study into a standard operating procedure (SOP) for reference whenever the decontamination
procedure is used. Include in the SOP
the identity of the soaking solvent, the
length of time of the soak, and the
ratio of the soak solvent to contaminated surface area during the soaking
process. Also include in the SOP the
maximum concentration of PCBs in the
spilled material and the identity of the
spilled material, and/or the measured
maximum surface concentration of the
contaminated surface used in the validation study. Record and keep the results of the validation study as an appendix to the SOP. Include in this appendix, the solvent used to make the

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Environmental Protection Agency

§ 763.80

spiking solution, the PCB concentration of the spiking solution used to
contaminate the surfaces in the validation study, and all of the validation
study testing parameters and experimental conditions.
[63 FR 35473, June 29, 1998, as amended at 72
FR 57241, Oct. 9, 2007; 74 FR 30235, June 25,
2009]

PART 763—ASBESTOS
Subparts A–D [Reserved]
Subpart E—Asbestos-Containing Materials
in Schools
Sec.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education agency responsibilities.
763.85 Inspection and reinspections.
763.86 Sampling.
763.87 Analysis.
763.88 Assessment.
763.90 Response actions.
763.91 Operations and maintenance.
763.92 Training and periodic surveillance.
763.93 Management plans.
763.94 Recordkeeping.
763.95 Warning labels.
763.97 Compliance and enforcement.
763.98 Waiver; delegation to State.
763.99 Exclusions.
APPENDIX A TO SUBPART E OF PART 763—INTERIM TRANSMISSION ELECTRON MICROSCOPY ANALYTICAL METHODS—MANDATORY
AND
NONMANDATORY—AND MANDATORY
SECTION TO DETERMINE COMPLETION OF
RESPONSE ACTIONS
APPENDIX B TO SUBPART E OF PART 763 [RESERVED]
APPENDIX C TO SUBPART E OF PART 763—ASBESTOS MODEL ACCREDITATION PLAN
APPENDIX D TO SUBPART E OF PART 763—
TRANSPORT AND DISPOSAL OF ASBESTOS
WASTE
APPENDIX E TO SUBPART E OF PART 763—INTERIM METHOD OF THE DETERMINATION OF
ASBESTOS IN BULK INSULATION SAMPLES

Subpart F [Reserved]

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Subpart G—Asbestos Worker Protection
763.120 What is the purpose of this subpart?
763.121 Does this subpart apply to me?
763.122 What does this subpart require me to
do?
763.123 May a State implement its own asbestos worker protection plan?

Subpart H [Reserved]
Subpart I—Prohibition of the Manufacture,
Importation, Processing, and Distribution in Commerce of Certain AsbestosContaining Products; Labeling Requirements
763.160 Scope.
763.163 Definitions.
763.165 Manufacture and importation prohibitions.
763.167 Processing prohibitions.
763.169 Distribution in commerce prohibitions.
763.171 Labeling requirements.
763.173 Exemptions.
763.175 Enforcement.
763.176 Inspections.
763.178 Recordkeeping.
763.179 Confidential business information
claims.
AUTHORITY: 15 U.S.C. 2605, 2607(c), 2643, and
2646.

Subparts A–D [Reserved]
Subpart E—Asbestos-Containing
Materials in Schools
SOURCE: 52 FR 41846, Oct. 30, 1987, unless
otherwise noted.

§ 763.80 Scope and purpose.
(a) This rule requires local education
agencies to identify friable and nonfriable
asbestos-containing
material
(ACM) in public and private elementary and secondary schools by visually
inspecting school buildings for such
materials, sampling such materials if
they are not assumed to be ACM, and
having samples analyzed by appropriate techniques referred to in this
rule. The rule requires local education
agencies to submit management plans
to the Governor of their State by October 12, 1988, begin to implement the
plans by July 9, 1989, and complete implementation of the plans in a timely
fashion. In addition, local education
agencies are required to use persons
who have been accredited to conduct
inspections,
reinspections,
develop
management plans, or perform response actions. The rule also includes
recordkeeping
requirements.
Local
education agencies may contractually
delegate their duties under this rule,
but they remain responsible for the
proper performance of those duties.

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