Pt. 761 40 CFR Ch. I (7–1–97 Edition)§761.3 40 CFR Ch. I (7–1–97 Edition) person who shall by operation of law be authorized to carry out such functions. Agency means the

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EPA will issue a final rule. EPA willalso publish at that time:

(1) A list of all material added to therecord (other than public commentsand material from the hearing record)which has not previously been listed ina FEDERAL REGISTER document, and

(2) The effective date of the rule.(b) Pursuant to the delegation of au-

thority made in the Preamble to theFinal Regulation for the PCB Manufac-turing, Processing, Distribution inCommerce and Use Prohibitions, theAssistant Administrator for Preven-tion, Pesticides and Toxic Substanceswill grant or deny petitions under sec-tion 6(e)(3)(B) of TSCA submitted pur-suant to § 750.31. The Assistant Admin-istrator will act on such petitions sub-sequent to opportunity for an informalhearing pursuant to this rule.

(c) In determining whether to grantan exemption to the PCB ban, EPA willapply the two standards enunciated insection 6(e)(3)(B) of TSCA.

PART 761—POLYCHLORINATED BI-PHENYLS (PCBs) MANUFACTUR-ING, PROCESSING, DISTRIBUTIONIN COMMERCE, AND USE PROHI-BITIONS

Subpart A—General

Sec.761.1 Applicability.761.3 Definitions.761.19 References.

Subpart B—Manufacturing, Processing, Dis-tribution in Commerce, and Use of PCBsand PCB Items

761.20 Prohibitions.761.30 Authorizations.

Subpart C—Marking of PCBs and PCBItems

761.40 Marking requirements.761.45 Marking formats.

Subpart D—Storage and Disposal

761.60 Disposal requirements.761.65 Storage for disposal.761.70 Incineration.761.75 Chemical waste landfills.761.79 Decontamination.

Subpart E—Exemptions

761.80 Manufacturing, processing, and dis-tribution in commerce exemptions.

Subpart F—Transboundary Shipments ofPCBs for Disposal

761.91 Applicability.761.93 Import for disposal.761.97 Export for disposal.

Subpart G—PCB Spill Cleanup Policy

761.120 Scope.761.123 Definitions.761.125 Requirements for PCB spill cleanup.761.130 Sampling requirements.761.135 Effect of compliance with this policy

and enforcement.

Subparts H—I [Reserved]

Subpart J—General Records and Reports

761.180 Records and monitoring.761.185 Certification program and retention

or records by importers and persons gen-erating PCBs in excluded manufacturingprocesses.

761.187 Reporting importers and by personsgenerating PCBs in excluded manufac-turing processes.

761.193 Maintenance of monitoring recordsby persons who import, manufacture,process, distribute in commerce, or usechemicals containing inadvertently gen-erated PCBs.

Subpart K—PCB Waste Disposal Recordsand Reports

761.202 EPA identification numbers.761.205 Notification of PCB waste activity

(EPA Form 7710-53).761.207 The manifest—general requirements.761.208 Use of the manifest.761.209 Retention of manifest records.761.210 Manifest discrepancies.761.211 Unmanifested waste report.761.215 Exception reporting.761.218 Certificate of disposal.

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

Subpart A—General

§ 761.1 Applicability.(a) This part establishes prohibitions

of, and requirements for, the manufac-ture, processing, distribution in com-merce, use, disposal, storage, andmarking of PCBs and PCB Items.

(b) This part applies to all personswho manufacture, process, distribute

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Environmental Protection Agency § 761.3

in commerce, use, or dispose of PCBs orPCB Items. Substances that are regu-lated by this rule include, but are notlimited to, dielectric fluids, contami-nated solvents, oils, waste oils, heattransfer fluids, hydraulic fluids, paints,sludges, slurries, dredge spoils, soils,materials contaminated as a result ofspills, and other chemical substancesor combination of substances, includ-ing impurities and byproducts and anybyproduct, intermediate or impuritymanufactured at any point in a proc-ess. Most of the provisions of this partapply to PCBs only if PCBs are presentin concentrations above a specifiedlevel. For example, subpart D appliesgenerally to materials at concentra-tions of 50 parts per million (ppm) andabove. Also certain provisions of sub-part B apply to PCBs inadvertentlygenerated in manufacturing processesat concentrations specified in the defi-nition of ‘‘PCB’’ under § 761.3. No provi-sion specifying a PCB concentrationmay be avoided as a result of any dilu-tion, unless otherwise specifically pro-vided.

(c) Definitions of the terms used inthese regulations are in subpart A. Thebasic requirements applicable to dis-posal and marking of PCBs and PCBItems are set forth in subpart D—Dis-posal of PCBs and PCB Items and insubpart C—Marking of PCBs and PCBItems. Prohibitions applicable to PCBactivities are set forth in subpart B—Manufacture, Processing, Distributionin Commerce, and Use of PCBs andPCB Items. Subpart B also includes au-thorizations from the prohibitions.Subparts C and D set forth the specificrequirements for disposal and markingof PCBs and PCB Items.

(d) Section 15 of the Toxic Sub-stances Control Act (TSCA) states thatfailure to comply with these regula-tions is unlawful. Section 16 imposes li-ability for civil penalties upon any per-son who violates these regulations, andthe Administrator can establish appro-priate remedies for any violations sub-ject to any limitations included in sec-tion 16 of TSCA. Section 16 also sub-jects a person to criminal prosecutionfor a violation which is knowing orwillful. In addition, section 17 author-izes Federal district courts to enjoinactivities prohibited by these regula-

tions, compel the taking of actions re-quired by these regulations, and issueorders to seize PCBs and PCB Itemsmanufactured, processed or distributedin violation of these regulations.

(e) These regulations do not preemptother more stringent Federal statutesand regulations.

(f) Unless and until superseded byany new more stringent regulations is-sued under EPA authorities, or anypermits or any pretreatment require-ments issued by EPA, a state or localgovernment that affect release of PCBsto any particular medium:

(1) Persons who inadvertently manu-facture or import PCBs generated asunintentional impurities in excludedmanufacturing processes, as defined in§ 761.3, are exempt from the require-ments of subpart B of this part, pro-vided that such persons comply withsubpart J of this part, as applicable.

(2) Persons who process, distribute incommerce, or use products containingPCBs generated in excluded manufac-turing processes defined in § 761.3 areexempt from the requirements of sub-part B provided that such persons com-ply with subpart J of this part, as ap-plicable.

(3) Persons who process, distribute incommerce, or use products containingrecycled PCBs defined in § 761.3, are ex-empt from the requirements of subpartB of this part, provided that such per-sons comply with subpart J of thispart, as applicable.

(4) Except as provided in § 761.20 (d)and (e), persons who process, distributein commerce, or use products contain-ing excluded PCB products as definedin § 761.3, are exempt from the require-ments 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 49FR 28189, July 10, 1984; 53 FR 24220, June 27,1988]

§ 761.3 Definitions.

For the purpose of this part:Administrator means the Adminis-

trator of the Environmental ProtectionAgency, or any employee of the Agencyto whom the Administrator may eitherherein or by order delegate his author-ity to carry out his functions, or any

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person who shall by operation of law beauthorized to carry out such functions.

Agency means the United States En-vironmental Protection Agency.

Annual document log means the de-tailed information maintained at thefacility on the PCB waste handling atthe facility.

Annual report means the written doc-ument submitted each year by eachdisposer and commercial storer of PCBwaste to the appropriate EPA RegionalAdministrator. The annual report is abrief summary of the information in-cluded in the annual document log.

Basel Convention means the BaselConvention on the Control ofTransboundary Movements of Hazard-ous Wastes and Their Disposal as en-tered into force on May 5, 1992.

Byproduct means a chemical sub-stance produced without separate com-mercial intent during the manufactur-ing or processing of another chemicalsubstance(s) or mixture(s).

Capacitor means a device for accumu-lating and holding a charge of elec-tricity and consisting of conductingsurfaces separated by a dielectric.Types of capacitors are as follows:

(1) Small capacitor means a capacitorwhich contains less than 1.36 kg (3 lbs.)of dielectric fluid. The following as-sumptions may be used if the actualweight of the dielectric fluid is un-known. A capacitor whose total volumeis less than 1,639 cubic centimeters (100cubic inches) may be considered to con-tain less than 1.36 kgs (3 lbs.) of dielec-tric fluid and a capacitor whose totalvolume is more than 3,278 cubic centi-meters (200 cubic inches) must be con-sidered to contain more than 1.36 kg (3lbs.) of dielectric fluid. A capacitorwhose volume is between 1,639 and 3,278cubic centimeters may be considered tocontain less then 1.36 kg (3 lbs.) of di-electric fluid if the total weight of thecapacitor is less than 4.08 kg (9 lbs.).

(2) Large high voltage capacitor meansa capacitor which contains 1.36 kg (3lbs.) or more of dielectric fluid andwhich operates at 2,000 volts (a.c. ord.c.) or above.

(3) Large low voltage capacitor means acapacitor which contains 1.36 kg (3 lbs.)or more of dielectric fluid and whichoperates below 2,000 volts (a.c. or d.c.).

Certification means a written state-ment regarding a specific fact or rep-resentation that contains the followinglanguage:

Under civil and criminal penalties of lawfor the making or submission of false orfraudulent statements or representations (18U.S.C. 1001 and 15 U.S.C. 2615), I certify thatthe information contained in or accompany-ing this document is true, accurate, andcomplete. As to the identified section(s) ofthis document for which I cannot personallyverify truth and accuracy, I certify as thecompany official having supervisory respon-sibility for the persons who, acting under mydirect instructions, made the verificationthat this information is true, accurate, andcomplete.

Chemical substance, (1) except as pro-vided in paragraph (2) of this defini-tion, means any organic or inorganicsubstance of a particular molecularidentity, including: Any combinationof such substances occurring in wholeor part as a result of a chemical reac-tion or occurring in nature, and anyelement or uncombined radical.

(2) Such term does not include: Anymixture; any pesticide (as defined inthe Federal Insecticide, Fungicide, andRodenticide Act) when manufactured,processed, or distributed in commercefor use as a pesticide; tobacco or anytobacco product; any source material,special nuclear material, or byproductmaterial (as such terms are defined inthe Atomic Energy Act of 1954 and reg-ulations issued under such Act); anyarticle the sale of which is subject tothe tax imposed by section 4181 of theInternal Revenue Code of 1954 (deter-mined without regard to any exemp-tions from such tax provided by section4182 or section 4221 or any provisions ofsuch Code); and any food, food additive,drug, cosmetic, or device (as suchterms are defined in section 201 of theFederal Food, Drug, and Cosmetic Act)when manufactured, processed, or dis-tributed in commerce for use as a food,food additive, drug, cosmetic, or de-vice.

Chemical waste landfill means a land-fill at which protection against risk ofinjury to health or the environmentfrom migration of PCBs to land, water,or the atmosphere is provided fromPCBs and PCB Items deposited thereinby locating, engineering, and operatingthe landfill as specified in § 761.75.

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Commerce means trade, traffic, trans-portation, or other commerce:

(1) Between a place in a State andany place outside of such State, or

(2) Which affects trade, traffic, trans-portation, or commerce described inparagraph (1) of this definition.

Commercial storer of PCB waste meansthe owner or operator of each facilitywhich is subject to the PCB storage fa-cility standards of § 761.65, and who en-gages in storage activities involvingPCB waste generated by others, or PCBwaste that was removed while servic-ing the equipment owned by others andbrokered for disposal. The receipt of afee or any other form of compensationfor storage services is not necessary toqualify as a commercial storer of PCBwaste. It is sufficient under this defini-tion that the facility stores PCB wastegenerated by others or the facility re-moved the PCB waste while servicingequipment owned by others. A genera-tor who stores only the generator’sown waste is subject to the storage re-quirements of § 761.65, but is not re-quired to seek approval as a commer-cial storer. If a facility’s storage ofPCB waste at no time exceeds 500 liq-uid gallons of PCBs, the owner or oper-ator is not required to seek approval asa commercial storer of PCB waste.

Designated facility means the off-sitedisposer or commercial storer of PCBwaste designated on the manifest asthe facility that will receive a mani-fested shipment of PCB waste.

Disposal means intentionally or acci-dentally to discard, throw away, orotherwise complete or terminate theuseful life of PCBs and PCB Items. Dis-posal includes spills, leaks, and otheruncontrolled discharges of PCBs aswell as actions related to containing,transporting, destroying, degrading,decontaminating, or confining PCBsand PCB Items.

Disposer of PCB waste, as the term isused in subparts J and K of this part,means any person who owns or oper-ates a facility approved by EPA for thedisposal of PCB waste which is regu-lated for disposal under the require-ments of subpart D of this part.

Distribute in commerce and Distributionin Commerce when used to describe anaction taken with respect to a chemi-cal substance, mixture, or article con-

taining a substance or mixture meansto sell, or the sale of, the substance,mixture, or article in commerce; to in-troduce or deliver for introduction intocommerce, or the introduction or de-livery for introduction into commerceof the substance, mixture, or article; orto hold or the holding of, the sub-stance, mixture, or article after its in-troduction into commerce.

Emergency Situation for continuinguse of a PCB Transformer exists when:

(1) Neither a non-PCB Transformernor a PCB-Contaminated transformeris currently in storage for reuse orreadily available (i.e., available within24 hours) for installation.

(2) Immediate replacement is nec-essary to continue service to powerusers.

EPA identification number means the12-digit number assigned to a facilityby EPA upon notification of PCB wasteactivity under § 761.205.

Excluded manufacturing process meansa manufacturing process in whichquantities of PCBs, as determined inaccordance with the definition of inad-vertently generated PCBs, calculatedas defined, and from which releases toproducts, air, and water meet the re-quirements of paragraphs (1) through(5) of this definition, or the importa-tion of products containing PCBs asunintentional impurities, which prod-ucts meet the requirements of para-graphs (1) and (2) of this definition.

(1) The concentration of inadvert-ently generated PCBs in products leav-ing any manufacturing site or im-ported into the United States musthave an annual average of less than 25ppm, with a 50 ppm maximum.

(2) The concentration of inadvert-ently generated PCBs in the compo-nents of detergent bars leaving themanufacturing site or imported intothe United States must be less than 5ppm.

(3) The release of inadvertently gen-erated PCBs at the point at whichemissions are vented to ambient airmust be less than 10 ppm.

(4) The amount of inadvertently gen-erated PCBs added to water dischargedfrom a manufacturing site must be lessthan 100 micrograms per resolvable gaschromatographic peak per liter ofwater discharged.

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(5) Disposal of any other processwastes above concentrations of 50 ppmPCB must be in accordance with sub-part D of this part.

Excluded PCB products means PCBmaterials which appear at concentra-tions less than 50 ppm, including butnot limited to:

(1) Non-Aroclor inadvertently gen-erated PCBs as a byproduct or impu-rity resulting from a chemical manu-facturing process.

(2) Products contaminated withAroclor or other PCB materials fromhistoric PCB uses (investment castingwaxes are one example).

(3) Recycled fluids and/or equipmentcontaminated during use involving theproducts described in paragraphs (1)and (2) of this definition (heat transferand hydraulic fluids and equipment andother electrical equipment componentsand fluids are examples).

(4) Used oils, provided that in thecases of paragraphs (1) through (4) ofthis definition:

(i) The products or source of theproducts containing < 50 ppm con-centration PCBs were legally manufac-tured, processed, distributed in com-merce, or used before October 1, 1984.

(ii) The products or source of theproducts containing < 50 ppm con-centrations PCBs were legally manu-factured, processed, distributed in com-merce, or used, i.e., pursuant to au-thority granted by EPA regulation, byexemption petition, by settlementagreement, or pursuant to other Agen-cy-approved programs;

(iii) The resulting PCB concentration(i.e. below 50 ppm) is not a result of di-lution, or leaks and spills of PCBs inconcentrations over 50 ppm.

Fluorescent light ballast means a de-vice that electrically controls fluores-cent light fixtures and that includes acapacitor containing 0.1 kg or less ofdielectric.

Generator of PCB waste means anyperson whose act or process producesPCBs that are regulated for disposalunder subpart D of this part, or whoseact first causes PCBs or PCB Items tobecome subject to the disposal require-ments of subpart D of this part, or whohas physical control over the PCBswhen a decision is made that the use ofthe PCBs has been terminated and

therefore is subject to the disposal re-quirements of subpart D of this part.Unless another provision of this partspecifically requires a site-specificmeaning, ‘‘generator of PCB waste’’ in-cludes all of the sites of PCB wastegeneration owned or operated by theperson who generates PCB waste.

Importer means any person defined asan ‘‘importer’’ at § 720.3(l) of this chap-ter who imports PCBs or PCB Itemsand is under the jurisdiction of theUnited States.

Impurity means a chemical substancewhich is unintentionally present withanother chemical substance.

In or Near Commercial Buildings meanswithin the interior of, on the roof of,attached to the exterior wall of, in theparking area serving, or within 30 me-ters of a non-industrial non-substationbuilding. Commercial buildings aretypically accessible to both membersof the general public and employees,and include: (1) Public assembly prop-erties, (2) educational properties, (3) in-stitutional properties, (4) residentialproperties, (5) stores, (6) office build-ings, and (7) transportation centers(e.g., airport terminal buildings, sub-way stations, bus stations, or train sta-tions).

Incinerator means an engineered de-vice using controlled flame combustionto thermally degrade PCBs and PCBItems. Examples of devices used for in-cineration include rotary kilns, liquidinjection incinerators, cement kilns,and high temperature boilers.

Industrial building means a buildingdirectly used in manufacturing or tech-nically productive enterprises. Indus-trial buildings are not generally ortypically accessible to other thanworkers. Industrial buildings includebuildings used directly in the produc-tion of power, the manufacture of prod-ucts, the mining of raw materials, andthe storage of textiles, petroleum prod-ucts, wood and paper products, chemi-cals, plastics, and metals.

Laboratory means a facility that ana-lyzes samples for PCBs and is unaffili-ated with any entity whose activitiesinvolve PCBs.

Leak or leaking means any instancein which a PCB Article, PCB Con-tainer, or PCB Equipment has any

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PCBs on any portion of its externalsurface.

Manifest means the shipping docu-ment EPA form 8700–22 and any con-tinuation sheet attached to EPA form8700–22, originated and signed by thegenerator of PCB waste in accordancewith the instructions included with theform and subpart K of this part.

Manned Control Center means an elec-trical power distribution control roomwhere the operating conditions of aPCB Transformer are continuouslymonitored during the normal hours ofoperation (of the facility), and, wherethe duty engineers, electricians, orother trained personnel have the capa-bility to deenergize a PCB Transformercompletely within 1 minute of the re-ceipt of a signal indicating abnormaloperating conditions such as an over-temperature condition or overpressurecondition in a PCB Transformer.

Manufacture means to produce, man-ufacture, or import into the customsterritory of the United States.

Manufacturing process means all of aseries of unit operations operating at asite, resulting in the production of aproduct.

Mark means the descriptive name, in-structions, cautions, or other informa-tion applied to PCBs and PCB Items, orother objects subject to these regula-tions.

Marked means the marking of PCBItems and PCB storage areas and trans-port vehicles by means of applying alegible mark by painting, fixation of anadhesive label, or by any other methodthat meets the requirements of theseregulations.

Market/Marketers means the process-ing or distributing in commerce, or theperson who processes or distributes incommerce, used oil fuels to burners orother marketers, and may include thegenerator of the fuel if it markets thefuel directly to the burner.

Mineral Oil PCB Transformer meansany transformer originally designed tocontain mineral oil as the dielectricfluid and which has been tested andfound to contain 500 ppm or greaterPCBs.

Mixture means any combination oftwo or more chemical substances if thecombination does not occur in natureand is not, in whole or in part, the re-

sult of a chemical reaction; except thatsuch term does include any combina-tion which occurs, in whole or in part,as a result of a chemical reaction ifnone of the chemical substances com-prising the combination is a new chem-ical substance and if the combinationcould have been manufactured for com-mercial purposes without a chemicalreaction at the time the chemical sub-stances comprising the combinationwere combined.

Municipal solid wastes means garbage,refuse, sludges, wastes, and other dis-carded materials resulting from resi-dential and non-industrial operationsand activities, such as household ac-tivities, office functions, and commer-cial housekeeping wastes.

Non-PCB Transformer means anytransformer that contains less than 50ppm PCB; except that any transformerthat has been converted from a PCBTransformer or a PCB-ContaminatedTransformer cannot be classified as anon-PCB Transformer until reclassi-fication has occurred, in accordancewith the requirements of§ 761.30(a)(2)(v).

On site means within the boundariesof a contiguous property unit.

PCB and PCBs means any chemicalsubstance that is limited to thebiphenyl molecule that has beenchlorinated to varying degrees or anycombination of substances which con-tains such substance. Refer to § 761.1(b)for applicable concentrations of PCBs.PCB and PCBs as contained in PCBitems are defined in § 761.3. For anypurposes under this part, inadvertentlygenerated non-Aroclor PCBs are de-fined as the total PCBs calculated fol-lowing division of the quantity ofmonochlorinated biphenyls by 50 anddichlorinated biphenyls by 5.

PCB Article means any manufacturedarticle, other than a PCB Container,that contains PCBs and whose sur-face(s) has been in direct contact withPCBs. ‘‘PCB Article’’ includes capaci-tors, transformers, electric motors,pumps, pipes and any other manufac-tured item (1) which is formed to a spe-cific shape or design during manufac-ture, (2) which has end use function(s)dependent in whole or in part upon itsshape or design during end use, and (3)which has either no change of chemical

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composition during its end use or onlythose changes of composition whichhave no commercial purpose separatefrom that of the PCB Article.

PCB Article Container means anypackage, can, bottle, bag, barrel, drum,tank, or other device used to containPCB Articles or PCB Equipment, andwhose surface(s) has not been in directcontact with PCBs.

PCB Container means any package,can, bottle, bag, barrel, drum, tank, orother device that contains PCBs orPCB Articles and whose surface(s) hasbeen in direct contact with PCBs.

PCB-Contaminated Electrical Equip-ment means any electrical equipment,including but not limited to transform-ers (including those used in railway lo-comotives and self-propelled cars), ca-pacitors, circuit breakers, reclosers,voltage regulators, switches (includingsectionalizers and motor starters),electromagnets, and cable, that con-tain 50 ppm or greater PCB, but lessthan 500 ppm PCB. Oil-filled electricalequipment other than circuit breakers,reclosers, and cable whose PCB con-centration is unknown must be as-sumed to be PCB-Contaminated Elec-trical Equipment. (See §761.30(a) and(h) for provisions permitting reclassi-fication of electrical equipment con-taining 500 ppm or greater PCBs toPCB-Contaminated Electrical Equip-ment).

PCB Equipment means any manufac-tured item, other than a PCB Con-tainer or a PCB Article Container,which contains a PCB Article or otherPCB Equipment, and includes micro-wave ovens, electronic equipment, andfluorescent light ballasts and fixtures.

PCB Item is defined as any PCB Arti-cle, PCB Article Container, PCB Con-tainer, or PCB Equipment, that delib-erately or unintentionally contains orhas a part of it any PCB or PCBs.

PCB Transformer means any trans-former that contains 500 ppm PCB orgreater.

PCB waste(s) means those PCBs andPCB Items that are subject to the dis-posal requirements of subpart D of thispart.

Person means any natural or judicialperson including any individual, cor-poration, partnership, or association;any State or political subdivision

thereof; any interstate body; and anydepartment, agency, or instrumental-ity of the Federal Government.

Posing an exposure risk to food or feedmeans being in any location wherehuman food or animal feed productscould be exposed to PCBs released froma PCB Item. A PCB Item poses an expo-sure risk to food or feed if PCBs re-leased in any way from the PCB Itemhave a potential pathway to humanfood or animal feed. EPA considershuman food or animal feed to includeitems regulated by the U.S. Depart-ment of Agriculture or the Food andDrug Administration as human food oranimal feed; this includes direct addi-tives. Food or feed is excluded fromthis definition if it is used or stored inprivate homes.

Process means the preparation of achemical substance or mixture, afterits manufacture, for distribution incommerce:

(1) In the same form or physical stateas, or in a different form or physicalstate from, that in which it was re-ceived by the person so preparing suchsubstance or mixture, or

(2) As part of an article containingthe chemical substance or mixture.

Qualified incinerator means one of thefollowing:

(1) An incinerator approved under theprovisions of § 761.70. Any level of PCBconcentration can be destroyed in anincinerator approved under § 761.70.

(2) A high efficiency boiler whichcomplies with the criteria of§ 761.60(a)(2)(iii)(A), and for which theoperator has given written notice tothe appropriate EPA Regional Admin-istrator in accordance with the notifi-cation requirements for the burning ofmineral oil dielectric fluid under§ 761.60(a)(2)(iii)(B).

(3) An incinerator approved undersection 3005(c) of the Resource Con-servation and Recovery Act (42 U.S.C.6925(c)) (RCRA).

(4) Industrial furnaces and boilerswhich are identified in 40 CFR 260.10and 40 CFR 279.61 (a)(1) and (2) when op-erating at their normal operating tem-peratures (this prohibits feeding fluids,above the level of detection, during ei-ther startup or shutdown operations).

Quantifiable Level/Level of Detectionmeans 2 micrograms per gram from

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any resolvable gas chromatographicpeak, i.e. 2 ppm.

Recycled PCBs means those PCBswhich appear in the processing of paperproducts or asphalt roofing materialsfrom PCB-contaminated raw materials.Processes which recycle PCBs mustmeet the following requirements:

(1) There are no detectable con-centrations of PCBs in asphalt roofingmaterial products leaving the process-ing site.

(2) The concentration of PCBs inpaper products leaving any manufac-turing site processing paper products,or in paper products imported into theUnited States, must have an annual av-erage of less than 25 ppm with a 50 ppmmaximum.

(3) The release of PCBs at the pointat which emissions are vented to ambi-ent air must be less than 10 ppm.

(4) The amount of Aroclor PCBsadded to water discharged from an as-phalt roofing processing site must atall times be less than 3 micrograms perliter (µg/L) for total Aroclors (roughly3 parts per billion (3 ppb)). Water dis-charges from the processing of paperproducts must at all times be less than3 micrograms per liter (µg/L) for totalAroclors (roughly 3 ppb), or complywith the equivalent mass-based limita-tion.

(5) Disposal of any other processwastes at concentrations of 50 ppm orgreater must be in accordance withsubpart D of this part.

Retrofill means to remove PCB orPCB-contaminated dielectric fluid andto replace it with either PCB, PCB-con-taminated, or non-PCB dielectric fluid.

Rupture of a PCB Transformer means aviolent or non-violent break in the in-tegrity of a PCB Transformer causedby an overtemperature and/or over-pressure condition that results in therelease of PCBs.

Sale for purposes other than resalemeans sale of PCBs for purposes of dis-posal and for purposes of use, exceptwhere use involves sale for distributionin commerce. PCB Equipment which isfirst leased for purposes of use anytime before July 1, 1979, will be consid-ered sold for purposes other than re-sale.

Small quantities for research and devel-opment means any quantity of PCBs (1)

that is originally packaged in one ormore hermetically sealed containers ofa volume of no more than five (5.0) mil-liliters, and (2) that is used only forpurposes of scientific experimentationor analysis, or chemical research on, oranalysis of, PCBs, but not for researchor analysis for the development of aPCB product.

Storage for disposal means temporarystorage of PCBs that have been des-ignated for disposal.

Totally enclosed manner means anymanner that will ensure no exposure ofhuman beings or the environment toany concentration of PCBs.

Transfer facility means any transpor-tation-related facility including load-ing docks, parking areas, and othersimilar areas where shipments of PCBwaste are held during the normalcourse of transportation. Transport ve-hicles are not transfer facilities underthis definition, unless they are used forthe storage of PCB waste, rather thanfor actual transport activities. Storageareas for PCB waste at transfer facili-ties are subject to the storage facilitystandards of § 761.65, but such storageareas are exempt from the approval re-quirements of § 761.65(d) and the record-keeping requirements of § 761.180, un-less the same PCB waste is stored therefor a period of more than 10 consecu-tive days between destinations.

Transporter of PCB waste means, forthe purposes of subpart K of this part,any person engaged in the transpor-tation of regulated PCB waste by air,rail, highway, or water for purposesother than consolidation by a genera-tor.

Transport vehicle means a motor vehi-cle or rail car used for the transpor-tation of cargo by any mode. Eachcargo-carrying body (e.g., trailer, rail-road freight car) is a separate trans-port vehicle.

Treatability Study means a study inwhich PCB waste is subjected to atreatment process to determine:

(1) Whether the waste is amenable tothe treatment process;

(2) What pretreatment (if any) is re-quired;

(3) The optimal process conditionsneeded to achieve the desired treat-ment;

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(4) The efficiency of a treatmentprocess for the specific type of waste(i.e., soil, sludge, liquid, etc.); or,

(5) The characteristics and volumesof residuals from a particular treat-ment process. A ‘‘treatability study’’ isnot a mechanism to commerciallytreat or dispose of PCB waste. Treat-ment is a form of disposal under thispart.

Waste Oil means used products pri-marily derived from petroleum, whichinclude, but are not limited to, fueloils, motor oils, gear oils, cutting oils,transmission fluids, hydraulic fluids,and dielectric fluids.

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

[49 FR 25239, June 20, 1984, as amended at 49FR 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 FR24220, June 27, 1988; 53 FR 27327, July 19, 1988;54 FR 52745, Dec. 21, 1989; 55 FR 26205, June27, 1990; 58 FR 32061, June 8, 1993; 61 FR 11106,Mar. 18, 1996]

§ 761.19 References.

(a) [Reserved](b) Incorporations by reference. The

following material is incorporated byreference, and is available for inspec-tion at the Office of the Federal Reg-ister Information Center, 800 NorthCapitol Street, NW., suite 700, Wash-ington, DC. These incorporations byreference were approved by the Direc-tor of the Office of the Federal Reg-ister. These materials are incorporatedas they exist on the date of approvaland a notice of any change in these ma-terials will be published in the FED-ERAL REGISTER. Copies of the incor-porated material may be obtained fromthe TSCA Non-Confidential Informa-tion Center (NCIC) (7407), Office of Pol-lution Prevention and Toxics, U.S. En-vironmental Protection Agency, RoomB–607 NEM, 401 M Street, SW., Wash-ington, DC, 20460, between the hours of12 p.m. and 4 p.m. weekdays excludinglegal holidays, or from the AmericanSociety for Testing and Merials(ASTM), 1916 Race Street, Philadel-phia, PA 19103.

References CFR Citation

ASTM D 93 – 90 StandardTest Methods for FlashPoint by Pensky-MartensClosed Tester..

§ 761.60(a)(3)(iii)(B)(6);§ 761.75(b)(8)(iii)

ASTM D 129–64 (Re-approved 1978) StandardTest Method for Sulfur inPetroleum Products(General Bomb Method)..

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 240–87 StandardTest Method for Heat ofCombustion of Liquid Hy-drocarbon Fuel by BombCalorimeter.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 482–87 StandardTest Method for Ash fromPetroleum Products.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 524–88 StandardTest Method forRamsbottom CarbonResidue of PetroleumProducts.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 808–87 StandardTest Method for Chlorinein New and Used Petro-leum Products (BombMethod).

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 923–86 StandardTest Method for SamplingElectrical Insulating Liq-uids.

§ 761.60(g)(1)(ii); (g)(2)(ii)

ASTM D 923–89 StandardMethods of SamplingElectrical Insulating Liq-uids.

§ 761.60(g)(1)(ii); (g)(2)(ii)

ASTM D 1266–87 StandardTest Method for Sulfur inPetroleum Products(Lamp Method).

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 1796–83 (Re-approved 1990) StandardTest Method for Waterand Sediment in FuelOils by the CentrifugeMethod (Laboratory Pro-cedure).

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 2158–89 StandardTest Method for Residuesin Liquified Petroleum(LP) Gases.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 2709–88 StandardTest Method for Waterand Sediment in DistillateFuels by Centrifuge.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 2784–89 StandardTest Method for Sulfur inLiquified PetroleumGases (Oxy-hydrogenBurner or Lamp).

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 3178–84 StandardTest Methods for Carbonand Hydrogen in theAnalysis Sample of Cokeand Coal.

§ 761.60(a)(3)(iii)(B)(6)

ASTM D 3278–89 StandardTest Methods for FlashPoint of Liquids bySetaflash Closed-CupApparatus.

§ 761.75(b)(8)(iii)

503


References CFR Citation

ASTM E 258–67 (Re-approved 1987) StandardTest Method for Total Ni-trogen Inorganic Materialby Modified KJELDAHLMethod.

§ 761.60(a)(3)(iii)(B)(6)

[47 FR 22098, May 21, 1982, as amended at 49FR 29067, July 18, 1984; 49 FR 36648, Sept. 19,1984; 53 FR 10391, Mar. 31, 1988; 53 FR 12524,Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 FR13323, Apr. 16, 1992; 59 FR 33697, June 30, 1994;60 FR 34465, July 3, 1995]

Subpart B—Manufacturing, Proc-essing, Distribution in Com-merce, and Use of PCBs andPCB Items

§ 761.20 Prohibitions.

Except as authorized in § 761.30, theactivities listed in paragraphs (a) and(d) of this section are prohibited pursu-ant to section 6(e)(2) of TSCA. The re-quirements set forth in paragraph (c) ofthis section and subpart F of this partconcerning export and import of PCBsand PCB Items for disposal are estab-lished pursuant to section 6(e)(1) ofTSCA. Subject to any exemptionsgranted pursuant to section 6(e)(3)(B)of TSCA, the activities listed in para-graphs (b) and (c) of this section areprohibited pursuant to section(6)(e)(3)(A) of TSCA. In addition, theAdministrator hereby finds, under theauthority of section 12(a)(2) of TSCA,that the manufacture, processing, anddistribution in commerce of PCBs atconcentrations of 50 ppm or greaterand PCB Items with PCB concentra-tions of 50 ppm or greater present anunreasonable risk of injury to healthwithin the United States. This findingis based upon the well-documentedhuman health and environmental haz-ard of PCB exposure, the high prob-ability of human and environmentalexposure to PCBs and PCB Items frommanufacturing, processing, or distribu-tion activities; the potential hazard ofPCB exposure posed by the transpor-tation of PCBs or PCB Items withinthe United States; and the evidencethat contamination of the environmentby PCBs is spread far beyond the areaswhere they are used. In addition, theAdministrator hereby finds, for pur-

poses of section 6(e)(2)(C) of TSCA, thatany exposure of human beings or theenvironment to PCBs, as measured ordetected by any scientifically accept-able analytical method, may be signifi-cant, depending on such factors as thequantity of PCBs involved in the expo-sure, the likelihood of exposure to hu-mans and the environment, and the ef-fect of exposure. For purposes of deter-mining which PCB Items are totallyenclosed, pursuant to section 6(e)(2)(C)of TSCA, since exposure to such Itemsmay be significant, the Administratorfurther finds that a totally enclosedmanner is a manner which results in noexposure to humans or the environ-ment to PCBs. The following activitiesare considered totally enclosed: dis-tribution in commerce of intact, non-leaking electrical equipment such astransformers (including transformersused in railway locomotives and self-propelled cars), capacitors,electromagnets, voltage regulators,switches (including sectionalizers andmotor starters), circuit breakers, re-closers, and cable that contain PCBs atany concentration and processing anddistribution in commerce of PCBEquipment containing an intact, non-leaking PCB Capacitor. See paragraph(c)(1) of this section for provisions al-lowing the distribution in commerce ofPCBs and PCB Items.

(a) No persons may use any PCB, orany PCB Item regardless of concentra-tion, in any manner other than in a to-tally enclosed manner within the Unit-ed States unless authorized under§ 761.30, except that:

(1) An authorization is not requiredto use those PCBs or PCB Items whichconsist of excluded PCB products as de-fined in § 761.3.

(2) An authorization is not requiredto use those PCBs or PCB Items result-ing from an excluded manufacturingprocess or recycled PCBs as defined in§ 761.3, provided all applicable condi-tions of § 761.1(f) are met.

(3) An authorization is not requiredto use those PCB Items which containor whose surfaces have been in contactwith excluded PCB products as definedin § 761.3.

(4) An authorization is not requiredto apply sewage sludges, contaminatedwith PCBs below 50 ppm, to land when

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40 CFR Ch. I (7–1–97 Edition)§ 761.20

regulated by authorities under theClean Water Act and the Resource Con-servation and Recovery Act.

(b) No person may manufacture PCBsfor use within the United States ormanufacture PCBs for export from theUnited States without an exemption,except that: an exemption is not re-quired for PCBs manufactured in an ex-cluded manufacturing process as de-fined in § 761.3, provided all applicableconditions of § 761.1(f) are met.

(c) No persons may process or distrib-ute in commerce any PCB, or any PCBItem regardless of concentration, foruse within the United States or for ex-port from the United States without anexemption, except that an exemption isnot required to process or distribute incommerce PCBs or PCB Items result-ing from an excluded manufacturingprocess as defined in § 761.3, or to proc-ess or distribute in commerce recycledPCBs as defined in § 761.3, or to processor distribute in commerce excludedPCB products as defined in § 761.3, pro-vided that all applicable conditions of§ 761.1(f) are met. In addition, the ac-tivities described in paragraphs (c) (1)through (5) of this section may also beconducted without an exemption,under the conditions specified therein.

(1) PCBs at concentrations of 50 ppmor greater, or PCB Items with PCB con-centrations of 50 ppm or greater, soldbefore July 1, 1979 for purposes otherthan resale may be distributed in com-merce only in a totally enclosed man-ner after that date.

(2) PCBs at concentrations of 50 ppmor greater, or PCB Items with PCB con-centrations of 50 ppm or greater maybe processed and distributed in com-merce in compliance with the require-ments of this Part for purposes of dis-posal in accordance with the require-ments of § 761.60.

(3) PCBs and PCB Items may be ex-ported for disposal in accordance withthe requirements of subpart F of thispart.

(4) PCBs, at concentrations of lessthan 50 ppm, or PCB Items, with con-centrations of less than 50 ppm, may beprocessed and distributed in commercefor purposes of disposal.

(5) Equipment, structures, or othermaterials that were contaminated withPCBs because of spills from, or proxim-

ity to, a PCB Item >50 ppm, and whichare not otherwise authorized for use ordistribution in commerce under thispart, may be distributed in commerce,provided that these materials were de-contaminated in accordance with ap-plicable EPA PCB spill cleanup policiesin effect at the time of the decon-tamination or, if not previously decon-taminated, at the time of the distribu-tion in commerce.

(d) The use of waste oil that containsany detectable concentration of PCB asa sealant, coating, or dust controlagent is prohibited. Prohibited uses in-clude, but are not limited to, road oil-ing, general dust control, use as a pes-ticide or herbicide carrier, and use as arust preventative on pipes.

(e) In addition to any applicable re-quirements under 40 CFR part 279, sub-parts G and H, marketers and burnersof used oil who market (process or dis-tribute in commerce) for energy recov-ery, used oil containing any quantifi-able level of PCBs are subject to thefollowing requirements:

(1) Restrictions on marketing. Used oilcontaining any quantifiable level ofPCBs (2 ppm) may be marketed only to:

(i) Qualified incinerators as definedin 40 CFR 761.3.

(ii) Marketers who market off-speci-fication used oil for energy recoveryonly to other marketers who have noti-fied EPA of their used oil managementactivities, and who have an EPA iden-tification number where an identifica-tion number is required by 40 CFR279.73. This would include persons whomarket off-specification used oil whoare subject to the requirements at 40CFR part 279 and the notification re-quirements of 40 CFR 279.73.

(iii) Burners identified in 40 CFR279.61(a)(1) and (2). Only burners in theautomotive industry may burn used oilgenerated from automotive sources inused oil-fired space heaters providedthe provisions of 40 CFR 279.23 are met.The Regional Administrator may granta variance for a boiler that does notmeet the 40 CFR 279.61(a)(1) and (2) cri-teria after considering the criteria list-ed in 40 CFR 260.32 (a) through (f). Theapplicant must address the relevantcriteria contained in 40 CFR 260.32 (a)through (f) in an application to the Re-gional Administrator.

505


(2) Testing of used oil fuel. Used oil tobe burned for energy recovery is pre-sumed to contain quantifiable levels (2ppm) of PCB unless the marketer ob-tains analyses (testing) or other infor-mation that the used oil fuel does notcontain quantifiable levels of PCBs.

(i) The person who first claims that aused oil fuel does not contain quantifi-able level (2 ppm) PCB must obtainanalyses or other information to sup-port that claim.

(ii) Testing to determine the PCBconcentration in used oil may be con-ducted on individual samples, or in ac-cordance with the testing proceduresdescribed in § 761.60(g)(2). However, forpurposes of this part, if any PCBs at aconcentration of 50 ppm or greaterhave been added to the container orequipment, then the total containercontents must be considered as havinga PCB concentration of 50 ppm orgreater for purposes of complying withthe disposal requirements of this part.

(iii) Other information documentingthat the used oil fuel does not containquantifiable levels (2 ppm) of PCBsmay consist of either personal, specialknowledge of the source and composi-tion of the used oil, or a certificationfrom the person generating the used oilclaiming that the oil contains no de-tectable PCBs.

(3) Restrictions on burning. (i) Used oilcontaining any quantifiable levels ofPCB may be burned for energy recov-ery only in the combustion facilitiesidentified in paragraph (e)(1) of thissection when such facilities are operat-ing at normal operating temperatures(this prohibits feeding these fuels dur-ing either startup or shutdown oper-ations). Owners and operators of suchfacilities are ‘‘burners’’ of used oilfuels.

(ii) Before a burner accepts from amarketer the first shipment of used oilfuel containing detectable PCBs (2ppm), the burner must provide themarketer a one-time written andsigned notice certifying that:

(A) The burner has complied withany notification requirements applica-ble to ‘‘qualified incinerators’’ (§ 761.3)or to ‘‘burners’’ regulated under 40 CFRpart 279, subpart G.

(B) The burner will burn the used oilonly in a combustion facility identified

in paragraph (e)(1) of this section andidentify the class of burner he quali-fies.

(4) Recordkeeping requirements. Thefollowing recordkeeping requirementsare in addition to the recordkeeping re-quirements for marketers found in 40CFR 279.72(b), 279.74(a), (b) and (c), and279.75, and for burners found in 40 CFR279.65 and 279.66.

(i) Marketers. Marketers who firstclaim that the used oil fuel contains nodetectable PCBs must include amongthe records required by 40 CFR 279.72(b)and 279.74(b) and (c), copies of the anal-ysis or other information documentinghis claim, and he must include amongthe records required by 40 CFR 279.74(a)and (c) and 279.75, a copy of each cer-tification notice received or preparedrelating to transactions involving PCB-containing used oil.

(ii) Burners. Burners must includeamong the records required by 40 CFR279.65 and 279.66, a copy of each certifi-cation notice required by paragraph(e)(3)(ii) of this section that he sends toa marketer.(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, (15 U.S.C.2605)

[44 FR 31542, May 31, 1979. Redesignated at 47FR 19527, May 6, 1982, and amended at 49 FR25241, 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 FR34465, July 3, 1995; 61 FR 11106, Mar. 18, 1996]

§ 761.30 Authorizations.The following non-totally enclosed

PCB activities are authorized pursuantto section 6(e)(2)(B) of TSCA:

(a) Use in and servicing of transformers(other than railroad transformers). PCBsat any concentration may be used intransformers (other than in railroad lo-comotives and self-propelled railroadcars) and may be used for purposes ofservicing including rebuilding thesetransformers for the remainder of theiruseful lives, subject to the followingconditions:

(1) Use conditions. (i) As of October 1,1985, the use and storage for reuse ofPCB Transformers that pose an expo-sure risk to food or feed is prohibited.

(ii) As of October 1, 1990, the use ofnetwork PCB Transformers with highersecondary voltages (secondary voltages

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40 CFR Ch. I (7–1–97 Edition)§ 761.30

equal to or greater than 480 volts, in-cluding 480/277 volt systems) in or nearcommercial buildings is prohibited.Network PCB Transformers with high-er secondary voltages which are re-moved from service in accordance withthis requirement must either be reclas-sified to PCB Contaminated or nonPCB status, placed into storage for dis-posal, or disposed.

(iii) Except as otherwise provided, asof October 1, 1985, the installation ofPCB Transformers, which have beenplaced into storage for reuse or whichhave been removed from another loca-tion, in or near commercial buildingsis prohibited.

(A) The installation of PCB Trans-formers on or after October 1, 1985,however, and their use thereafter, ispermitted either in an emergency situ-ation, as defined in § 761.3, or in situa-tions where the transformer has beenretrofilled and is being placed intoservice in order to qualify for reclassi-fication under paragraph (a)(2)(v) ofthis section.

(B) Installation of a PCB Trans-former in an emergency situation ispermitted when done in accordancewith the following:

(1) Documentation to support thereason for the emergency installationof a PCB Transformer must be main-tained at the owner’s facility and com-pleted within 30 days after installationof the PCB Transformer. The docu-mentation must include, but is notlimited to:

(i) The type of transformer, i.e., ra-dial or lower or higher network, thatrequires replacement.

(ii) The type(s) of transformers, i.e.,radial or lower or higher network, thatmust be used for replacement.

(iii) The date of transformer failure.(iv) The date of subsequent replace-

ment.(v) The type of transformer, i.e., ra-

dial or lower or higher network, in-stalled as a replacement.

(vi) A statement describing actionstaken to locate a non-PCB or PCB-Con-taminated transformer replacement.

(2) Such emergency installation ispermitted until October 1, 1990, and theuse of any PCB Transformer installedon such an emergency basis is per-mitted for 1 year from the date of in-

stallation or until October 1, 1990,whichever is earlier.

(3) PCB Transformers installed foremergency purposes may be subse-quently reclassified; however, thetransformer must be effectively reclas-sified to a non-PCB or PCB-Contami-nated status within 1 year after instal-lation or by October 1, 1990, whicheveris earlier because the transformer wasinitially installed in an emergency sit-uation.

(C) Installation of a retrofilled PCBTransformer for reclassification pur-poses is permitted when it is done inaccordance with the following:

(1) Those who installed transformersfor reclassification purposes mustmaintain on the owner’s premises,completed within 30 days of installa-tion, the following information:

(i) The date of installation.(ii) The type of transformer, i.e., ra-

dial or lower or higher network, in-stalled.

(iii) The PCB concentration, ifknown, at the time of installation.

(iv) The retrofill and reclassificationschedule.

(2) For purposes of this paragraph,the installation of retrofilled PCBTransformers for purposes of reclassi-fication under paragraph (a)(2)(v) ofthis section is permitted until October1, 1990.

(i) However, the use of a retrofilledPCB Transformer installed for reclassi-fication purposes is limited to 18months after installation or until Oc-tober 1, 1990, whichever is earlier.

(ii) Retrofilled mineral oil PCBTransformers may be installed for re-classification purposes indefinitelyafter October 1, 1990.

(iii) Once a retrofilled transformerhas been installed for reclassificationpurposes, it must be tested 3 monthsafter installation to ascertain the con-centration of PCBs. If the PCB con-centration is below 50 ppm, the trans-former can be reclassified as a non-PCBTransformer. If the PCB concentrationis between 50 and 500 ppm, the trans-former can be reclassified as a PCB-Contaminated transformer. If the PCBconcentration remains at 500 ppm orgreater, the entire process must eitherbe repeated until the transformer hasbeen reclassified to a non-PCB or PCB-

507


Contaminated transformer in accord-ance with paragraph (a)(2)(v) of thissection or the transformer must be re-moved from service.

(D) Owners who installed PCB Trans-formers in emergency situations or forreclassification purposes between Octo-ber 1, 1985 and September 1, 1988 mustnotify the Regional Administrator inwriting by October 3, 1988 of such in-stallation. The notification for emer-gency installation must include the in-formation in paragraph (a)(1)(iii)(B)(1)(i) through (vi) of this section. The no-tification for reclassification must in-clude the information in paragraph(a)(1)(iii)(C)(1) (i) through (iv) of thissection. All PCB Transformers in-stalled in an emergency situation orinstalled for reclassification purposesare subject to the requirements of thisPart 761.

(iv) As of October 1, 1990, all highersecondary voltage radial PCB Trans-formers, in use in or near commercialbuildings, and lower secondary voltagenetwork PCB Transformers not locatedin sidewalk vaults in or near commer-cial buildings (network transformerswith secondary voltages below 480volts) that have not been removed fromservice as provided in paragraph(a)(1)(iv)(B) of this section, must beequipped with electrical protection toavoid transformer ruptures caused byhigh current faults. As of February 25,1991, all lower secondary voltage radialPCB Transformers, in use in or nearcommercial buildings, must beequipped with electrical protection toavoid transformer ruptures caused byhigh current faults.

(A) Current-limiting fuses or otherequivalent technology must be used todetect sustained high current faultsand provide for the completedeenergization of the transformer(within several hundredths of a secondin the case of higher secondary voltageradial PCB Transformers and withintenths of a second in the case of lowersecondary voltage network PCB Trans-formers), before transformer ruptureoccurs. Lower secondary voltage radialPCB Transformers must be equippedwith electrical protection as providedin paragraph (a)(1)(iv)(E) of this sec-tion. The installation, setting, andmaintenance of current-limiting fuses

or other equivalent technology toavoid PCB Transformer ruptures fromsustained high current faults must becompleted in accordance with good en-gineering practices.

(B) All lower secondary voltage net-work PCB Transformers not located insidewalk vaults (network transformerswith secondary voltages below 480volts), in use in or near commercialbuildings, which have not been pro-tected as specified in paragraph(a)(1)(iv)(A) of this section by October1, 1990, must be removed from serviceby October 1, 1993.

(C) As of October 1, 1990, owners oflower secondary voltage network PCBTransformers, in use in or near com-mercial buildings which have not beenprotected as specified in paragraph(a)(1)(iv)(A) of this section and whichare not located in sidewalk vaults,must register in writing those trans-formers with the EPA Regional Admin-istrator in the appropriate region. Theinformation required to be provided inwriting to the Regional Administratorincludes:

(1) The specific location of the PCBTransformer(s).

(2) The address(es) of the building(s)and the physical location of the PCBTransformer(s) on the building site(s).

(3) The identification number(s) ofthe PCB Transformer(s).

(D) As of October 1, 1993, all lowersecondary voltage network PCB Trans-formers located in sidewalk vaults(network transformers with secondaryvoltages below 480 volts) in use nearcommercial buildings must be removedfrom service.

(E) As of February 25, 1991, all lowersecondary voltage radial PCB Trans-formers must be equipped with elec-trical protection, such as current-lim-iting fuses or other equivalent tech-nology, to detect sustained high cur-rent faults and provide for the com-plete deenergization of the transformeror complete deenergization of thefaulted phase of the transformer withinseveral hundredths of a second. The in-stallation, setting, and maintenance ofcurrent-limiting fuses or other equiva-lent technology to avoid PCB Trans-former ruptures from sustained high

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40 CFR Ch. I (7–1–97 Edition)§ 761.30

current faults must be completed in ac-cordance with good engineering prac-tices.

(v) As of October 1, 1990, all radialPCB Transformers with higher second-ary voltages (480 volts and above, in-cluding 480/277 volt systems) in use inor near commercial buildings must, inaddition to the requirements of para-graph (a)(1)(iv)(A) of this section, beequipped with protection to avoidtransformer ruptures caused by sus-tained low current faults.

(A) Pressure and temperature sensors(or other equivalent technology whichhas been demonstrated to be effectivein early detection of sustained low cur-rent faults) must be used in thesetransformers to detect sustained lowcurrent faults.

(B) Disconnect equipment must beprovided to insure complete deenergi-zation of the transformer in the eventof a sensed abnormal condition (e.g., anoverpressure or overtemperature condi-tion in the transformer), caused by asustained low current fault. The dis-connect equipment must be configuredto operate automatically within 30 sec-onds to 1 minute of the receipt of a sig-nal indicating an abnormal conditionfrom a sustained low current fault, orcan be configured to allow for manualdeenergization from a manned on-sitecontrol center upon the receipt of anaudio or visual signal indicating an ab-normal condition caused by a sustainedlow current fault. Manualdeenergization from a manned on-sitecontrol center must occur within 1minute of the receipt of the audio orvisual signal indicating an abnormalcondition caused by a sustained lowcurrent fault. If automatic operation isselected and a circuit breaker is uti-lized for disconnection, it must alsohave the capability to be manuallyopened if necessary.

(C) The enhanced electrical protec-tive system required for the detectionof sustained low current faults and thecomplete and rapid deenergization oftransformers must be properly in-stalled, maintained, and set sensitiveenough (in accordance with good engi-neering practices) to detect sustainedlow current faults and allow for rapidand total deenergization prior to PCBTransformer rupture (either violent or

non violent rupture) and release ofPCBs.

(vi) As of December 1, 1985, all PCBTransformers (including PCB Trans-formers in storage for reuse) must beregistered with fire response personnelwith primary jurisdiction (that is, thefire department or fire brigade whichwould normally be called upon for theinitial response to a fire involving theequipment). Information required to beprovided to fire response personnel in-cludes:

(A) The location of the PCB Trans-former(s) (the address(es) of the build-ing(s) and the physical location of thePCB Transformer(s) on the buildingsite(s) and for outdoor PCB Transform-ers, the location of the outdoor sub-station).

(B) The principal constituent of thedielectric fluid in the transformer(s)(e.g., PCBs, mineral oil, or silicone oil).

(C) The name and telephone numberof the person to contact in the event ofa fire involving the equipment.

(vii) As of December 1, 1985, PCBTransformers in use in or near com-mercial buildings must be registeredwith building owners. For PCB Trans-formers located in commercial build-ings, PCB Transformer owners mustregister the transformers with thebuilding owner of record. For PCBTransformers located near commercialbuildings, PCB Transformer ownersmust register the transformers with allowners of buildings located within 30meters of the PCB Transformer(s). In-formation required to be provided tobuilding owners by PCB Transformerowners includes but is not limited to:

(A) The specific location of the PCBTransformer(s).

(B) The principal constituent of thedielectric fluid in the transformer(s)(e.g., PCBs, mineral oil, or silicone oil).

(C) The type of transformer installa-tion (e.g., 208/120 volt network, 280/120volt radial, 208 volt radial, 480 volt net-work, 480/277 volt network, 480 volt ra-dial, 480/277 volt radial).

(viii) As of December 1, 1985, combus-tible materials, including, but not lim-ited to paints, solvents, plastics, paper,and sawn wood must not be storedwithin a PCB Transformer enclosure(i.e., in a transformer vault or in a par-titioned area housing a transformer);

509


within 5 meters of a transformer enclo-sure, or, if unenclosed (unpartitioned),within 5 meters of a PCB Transformer.

(ix) A visual inspection of each PCBTransformer (as defined in the defini-tion of ‘‘PCB Transformer’’ under§ 761.3) in use or stored for reuse shallbe performed at least once every 3months. These inspections may takeplace any time during the 3-month pe-riods: January-March, April-June,July-September, and October-Decem-ber as long as there is a minimum of 30days between inspections. The visualinspection must include investigationfor any leak of dielectric fluid on oraround the transformer. The extent ofthe visual inspections will depend onthe physical constraints of each trans-former installation and should not re-quire an electrical shutdown of thetransformer being inspected.

(x) If a PCB Transformer is found tohave a leak which results in any quan-tity of PCBs running off or about torun off the external surface of thetransformer, then the transformermust be repaired or replaced to elimi-nate the source of the leak. In all casesany leaking material must be cleanedup and properly disposed of accordingto disposal requirements of § 761.60.Cleanup of the released PCBs must beinitiated as soon as possible, but in nocase later than 48 hours of its discov-ery. Until appropriate action is com-pleted, any active leak of PCBs mustbe contained to prevent exposure of hu-mans or the environment and inspecteddaily to verify containment of theleak. Trenches, dikes, buckets, andpans are examples of proper contain-ment measures.

(xi) If a PCB Transformer is involvedin a fire-related incident, the owner ofthe transformer must immediately re-port the incident to the National Re-sponse Center (toll-free 1–800–424–8802;in Washington, DC 202–426–2675). A fire-related incident is defined as any inci-dent involving a PCB Transformerwhich involves the generation of suffi-cient heat and/or pressure (by anysource) to result in the violent or non-violent rupture of a PCB Transformerand the release of PCBs. Informationmust be provided regarding the type ofPCB Transformer installation involvedin the fire-related incident (e.g., high

or low secondary voltage networktransformer, high or low secondaryvoltage simple radial system, expandedradial system, primary selective sys-tem, primary loop system, or second-ary selective system or other systems)and the readily ascertainable cause ofthe fire-related incident (e.g., high cur-rent fault in the primary or secondaryor low current fault in secondary). Theowner of the PCB Transformer mustalso take measures as soon as prac-tically and safely possible to containand control any potential releases ofPCBs and incomplete combustion prod-ucts into water. These measures in-clude, but are not limited to:

(A) The blocking of all floor drains inthe vicinity of the transformer.

(B) The containment of water runoff.(C) The control and treatment (prior

to release) of any water used in subse-quent cleanup operations.

(xii) Records of inspection and main-tenance history shall be maintained atleast 3 years after disposing of thetransformer and shall be made avail-able for inspection, upon request byEPA. Such records shall contain thefollowing information for each PCBTransformer:

(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 inspec-tion.

(D) The location of any leak(s).(E) An estimate of the amount of di-

electric fluid released from any leak.(F) The date of any cleanup, contain-

ment, repair, or replacement.(G) A description of any cleanup, con-

tainment, or repair performed.(H) The results of any containment

and daily inspection required for un-corrected active leaks.

(xiii) A reduced visual inspection fre-quency of at least once every 12months applies to PCB Transformersthat utilize either of the following riskreduction measures. These inspectionsmay take place any time during thecalendar year as long as there is a min-imum of 180 days between inspections.

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40 CFR Ch. I (7–1–97 Edition)§ 761.30

(A) A PCB Transformer which hasimpervious, undrained, secondary con-tainment capacity of at least 100 per-cent of the total dielectric fluid vol-ume of all transformers so contained or

(B) A PCB Transformer which hasbeen tested and found to contain lessthan 60,000 ppm PCBs (after 3 monthsof in service use if the transformer hasbeen serviced for purposes of reducingthe PCB concentration).

(xiv) An increased visual inspectionfrequency of at least once every weekapplies to any PCB Transformer in useor stored for reuse which poses an ex-posure risk to food or feed. The user ofa PCB Transformer posing an exposurerisk to food is responsible for the in-spection, recordkeeping, and mainte-nance requirements under this sectionuntil the user notifies the owner thatthe transformer may pose an exposurerisk to food or feed. Following such no-tification, it is the owner’s ultimate re-sponsibility to determine whether thePCB Transformer poses an exposurerisk to food or feed.

(xv) In the event a mineral oil trans-former, assumed to contain less than500 ppm of PCBs as provided in § 761.3,is tested and found to be contaminatedat 500 ppm or greater PCBs, it will besubject to all the requirements of thisPart 761. In addition, efforts must beinitiated immediately to bring thetransformer into compliance in accord-ance with the following schedule:

(A) Report fire-related incidents, ef-fective immediately after discovery.

(B) Mark the PCB transformer within7 days after discovery.

(C) Mark the vault door, machineryroom door, fence, hallway or othermeans of access to the PCB Trans-former within 7 days after discovery.

(D) Register the PCB Transformer inwriting with fire response personnelwith primary jurisdiction and with thebuilding owner, within 30 days of dis-covery.

(E) Install electrical protectiveequipment on a radial PCB Trans-former and a non-sidewalk vault, lowersecondary voltage network PCB Trans-former in or near a commercial build-ing within 18 months of discovery or byOctober 1, 1990, whichever is later.

(F) Remove a non-sidewalk vault,lower secondary voltage network PCB

Transformer in or near a commercialbuilding, if electrical protective equip-ment is not installed, within 18 monthsof discovery or by October 1, 1993,whichever is later.

(G) Remove a lower secondary volt-age network PCB Transformer locatedin a sidewalk vault in or near a com-mercial building, within 18 months ofdiscovery or by October 1, 1993, which-ever is later.

(H) Retrofill and reclassify a radialPCB Transformer or a lower or highersecondary voltage network PCB Trans-former, located in other than a side-walk vault in or near a commercialbuilding, within 18 months or by Octo-ber 1, 1990, whichever is later. This isan option in lieu of installing electricalprotective equipment on a radial orlower secondary voltage network PCBTransformer located in other than asidewalk vault or of removing a highersecondary voltage network PCB Trans-former or a lower secondary voltagenetwork PCB Transformer, located in asidewalk vault, from service.

(I) Retrofill and reclassify a lowersecondary voltage network PCB Trans-former, located in a sidewalk vault, inor near a commercial building within18 months or by October 1, 1993, which-ever is later. This is an option in lieuof installing electrical protectiveequipment or removing the trans-former from service.

(J) Retrofill and reclassify a highersecondary voltage network PCB Trans-former, located in a sidewalk vault, inor near a commercial building within18 months or by October 1, 1990, which-ever is later. This is an option in lieuof other requirements.

(2) Servicing conditions. (i) Transform-ers classified as PCB-ContaminatedElectrical Equipment (as defined in thedefinition of ‘‘PCB-Contaminated Elec-trical Equipment’’ under § 761.3) may beserviced (including rebuilding) onlywith dielectric fluid containing lessthan 500 ppm PCB.

(ii) Any servicing (including rebuild-ing) of PCB Transformers (as defined inthe definition of ‘‘PCB Transformer’’under § 761.3) that requires the removalof the transformer coil from the trans-former casing is prohibited. PCB

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Transformers may be serviced (includ-ing topping off) with dielectric fluid atany PCB concentration.

(iii) PCBs removed during any servic-ing activity must be captured and ei-ther reused as dielectric fluid or dis-posed of in accordance with the re-quirements of § 761.60. PCBs from PCBTransformers must not be mixed withor added to dielectric fluid from PCB-Contaminated Electrical Equipment.

(iv) Regardless of its PCB concentra-tion, dielectric fluids containing lessthan 500 ppm PCB that are mixed withfluids that contain 500 ppm or greaterPCB must not be used as dielectricfluid in any electrical equipment. Theentire mixture of dielectric fluid mustbe considered to be greater than 500ppm PCB and must be disposed of in anincinerator that meets the require-ments in § 761.70.

(v) A PCB Transformer may be con-verted to PCB-Contaminated ElectricalEquipment or to a non-PCB Trans-former and a transformer that is classi-fied as PCB-Contaminated ElectricalEquipment may be reclassified to anon-PCB Transformer by draining, re-filling and/or otherwise servicing thetransformer. In order to reclassify, thetransformer’s dielectric fluid must con-tain less than 500 ppm PCB (for conver-sion to PCB-Contaminated ElectricalEquipment) or less than 50 ppm PCB(for conversion to a non-PCB Trans-former) after a minimum of threemonths of in-service use subsequent tothe last servicing conducted for thepurpose of reducing the PCB concentra-tion in the transformer. In-servicemeans that the transformer is usedelectrically under loaded conditionsthat raise the temperature of the di-electric fluid to at least 50° Centigrade.The Director, Chemical ManagementDivision may grant, without furtherrulemaking, approval for the use of al-ternative methods that simulate theloaded conditions of in-service use. AllPCBs removed from transformers forpurposes of reducing PCB concentra-tions are subject to the disposal re-quirements of § 761.60.

(vi) Any dielectric fluid containing 50ppm or greater PCB used for servicingtransformers must be stored in accord-ance with the storage for disposal re-quirements of § 761.65.

(vii) Processing and distribution incommerce of PCBs for purposes of serv-icing transformers is permitted onlyfor persons who are granted an exemp-tion under TSCA 6(e)(3)(B).

(b) Use in and servicing of railroadtransformers. PCBs may be used intransformers in railroad locomotives orrailroad self-propelled cars (‘‘railroadtransformers’’) and may be processedand distributed in commerce for pur-poses of servicing these transformers ina manner other than a totally enclosedmanner subject to the following condi-tions:

(1) Use restrictions. (i) After July 1,1983, the number of railroad transform-ers containing a PCB concentrationgreater than 60,000 ppm (6.0 percent ona dry weight basis) in use by any af-fected railroad organization may notexceed two-thirds of the total railroadtransformers containing PCBs in useby that organization on January 1,1982.

(ii) After January 1, 1984, the numberof railroad transformers containing aPCB concentration greater than 60,000ppm in use by any affected railroad or-ganization may not exceed one-third ofthe total railroad transformers con-taining PCBs in use by that organiza-tion on January 1, 1982.

(iii) After July 1, 1984, use of railroadtransformers that contain dielectricfluids with a PCB concentration great-er than 60,000 ppm is prohibited.

(iv) After July 1, 1985, the number ofrailroad transformers containing aPCB concentration greater than 1,000ppm (0.1 percent on a dry weight basis)in use by any affected railroad organi-zation may not exceed two-thirds ofthe total railroad transformers con-taining PCBs in use by that organiza-tion on July 1, 1984.

(v) After January 1, 1986, the numberof railroad transformers containing aPCB concentration greater than 1,000ppm in use by any affected railroad or-ganization may not exceed one-third ofthe total railroad transformers con-taining PCBs in use by that organiza-tion on July 1, 1984.

(vi) After July 1, 1986, use of railroadtransformers that contain dielectricfluids with a PCB concentration great-er than 1,000 ppm is prohibited.

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40 CFR Ch. I (7–1–97 Edition)§ 761.30

(vii) The concentration of PCBs inthe dielectric fluid contained in rail-road transformers must be measured:

(A) Immediately upon completion ofany authorized servicing of a railroadtransformer conducted for the purposeof reducing the PCB concentration inthe dielectric fluid in the transformer,and

(B) Between 12 and 24 months aftereach servicing conducted in accordancewith paragraph (b)(1)(vii)(A) of thissection;

(C) The data obtained as a result ofparagraphs (b)(1)(vii)(A) and (B) of thissection shall be retained until January1, 1991.

(2) Servicing restrictions. (i) If the coilis removed from the casing of a rail-road transformer (e.g., the transformeris rebuilt), after January 1, 1982, therailroad transformer may not be re-filled with dielectric fluid containing aPCB concentration greater than 50ppm;

(ii) After January 1, 1982, railroadtransformers may only be servicedwith dielectric fluid containing lessthan 60,000 ppm PCBs, except as pro-vided in paragraph (b)(2)(i) of this sec-tion;

(iii) After January 1, 1984, railroadtransformers may only be servicedwith dielectric fluid containing lessthan 1000 ppm PCB, except as providedin paragraph (b)(2)(i) of this section;

(iv) Dielectric fluid may be filteredthrough activated carbon or otherwiseindustrially processed for the purposeof reducing the PCB concentration inthe fluid;

(v) Any PCB dielectric fluid that isused to service PCB railroad trans-formers must be stored in accordancewith the storage for disposal require-ments of § 761.65;

(vi) After July 1, 1979, processing anddistribution in commerce of PCBs forpurposes of servicing railroad trans-formers is permitted only for personswho are granted an exemption underTSCA section 6(e)(3)(B).

(vii) A PCB Transformer may be con-verted to a PCB-Contaminated Trans-former or to a non-PCB Transformer bydraining, refilling, and/or otherwiseservicing the railroad transformer. Inorder to reclassify, the railroad trans-former’s dielectric fluid must contain

less than 500 ppm (for conversion toPCB-Contaminated Transformer) orless than 50 ppm PCB (for conversion toa non-PCB Transformer) after a mini-mum of three months of inservice usesubsequent to the last servicing con-ducted for the purpose of reducing thePCB concentration in the transformer.

(c) Use in and servicing of miningequipment. PCBs may be used in miningequipment and may be processed anddistributed in commerce for purposesof servicing mining equipment in amanner other than a totally enclosedmanner until January 1, 1982, subjectto the following conditions:

(1) PCBs may be added to motors inmining equipment in mines or miningareas until January 1, 1982;

(2) PCB motors in loader-type miningequipment must be rebuilt as air-cooled or other non-PCB-containingmotors whenever the motor is returnedto a service shop for servicing;

(3) PCB motors in continuous miner-type equipment may be rebuilt as PCBmotors until January 1, 1980;

(4) Any PCBs that are on hand toservice or repair mining equipmentmust be stored in accordance with thestorage for disposal requirements of§ 761.65;

(5) After July 1, 1979, processing anddistribution in commerce of PCBs forpurposes of servicing mining equip-ment is permitted only for persons whoare granted an exemption under TSCAsection 6(e)(3)(B).

(d) Use in heat transfer systems. AfterJuly 1, 1984, intentionally manufac-tured PCBs may be used in heat trans-fer systems in a manner other than atotally enclosed manner at a con-centration level of less than 50 ppmprovided that the requirements of para-graphs (d)(1) through (5) of this sectionare met.

(1) Each person who owns a heattransfer system that ever containedPCBs at concentrations above 50 ppmmust test for the concentration ofPCBs in the heat transfer fluid of sucha system no later than November 1,1979, and at least annually thereafter.All test sampling must be performed atleast three months after the most re-cent fluid refilling. When a test showsthat the PCB concentration is less

513


than 50 ppm, testing under this para-graph is no longer required.

(2) Within six months of a test per-formed under paragraph (d)(1) of thissection that indicates that a system’sfluid contains 50 ppm or greater PCB(0.005% on a dry weight basis), the sys-tem must be drained of the PCBs andrefilled with fluid containing less than50 ppm PCB. Topping-off with heattransfer fluids containing PCB con-centrations of less than 50 ppm is per-mitted.

(3) After November 1, 1979, no heattransfer system that is used in themanufacture or processing of any food,drug, cosmetic or device, as defined insection 201 of the Federal Food, Drug,and Cosmetic Act, may contain trans-fer fluid with 50 ppm or greater PCB(0.005% on a dry weight basis).

(4) Addition of fluids containing PCBconcentrations greater than 50 ppm isprohibited.

(5) Data obtained as a result of para-graph (d)(1) of this section must be re-tained for five years after the heattransfer system reaches 50 ppm PCB.

(e) Use in hydraulic systems. AfterJuly 1, 1984, intentionally manufac-tured PCBs may be used in hydraulicsystems in a manner other than a to-tally enclosed manner at a concentra-tion level of less than 50 ppm providedthat the requirements in paragraphs(e)(1) through (5) of this section aremet.

(1) Each person who owns a hydraulicsystem that ever contained PCBs atconcentrations above 50 ppm must testfor the concentration of PCBs in thehydraulic fluid of each system no laterthan November 1, 1979, and at least an-nually thereafter. All test samplingmust be performed at least threemonths after the most recent fluid re-filling. When a test shows that the PCBconcentration is less than 50 ppm, test-ing under this paragraph is no longerrequired.

(2) Within six months of a test underparagraph (e)(1) of this section that in-dicates that a system’s fluid contains50 ppm or greater PCB (0.005% on a dryweight basis), the system must bedrained of the PCBs and refilled withfluid containing less than 50 ppm PCB.Topping-off with hydraulic fluids con-taining PCB concentrations less than

50 ppm to reduce PCB concentrations ispermitted.

(3) Addition of PCBs at concentra-tions of greater than 50 ppm is prohib-ited.

(4) Hydraulic fluid may be drainedfrom a hydraulic system and filtered,distilled, or otherwise serviced in orderto reduce the PCB concentration below50 ppm.

(5) Data obtained as a result of para-graph (e)(1) of this section must be re-tained for five years after the hydrau-lic system reaches 50 ppm.

(f) Use in carbonless copy paper.Carbonless copy paper containing PCBsmay be used in a manner other than atotally enclosed manner indefinitely.

(g) Pigments. Diarylide andPhthalocyanin pigments that contain50 ppm or greater PCB may be proc-essed, distributed in commerce, andused in a manner other than a totallyenclosed manner until January 1, 1982,except that after July 1, 1979, process-ing and distribution in commerce ofdiarylide or phthalocyanin pigmentsthat contain 50 ppm or greater PCB ispermitted only for persons who aregranted an exemption under TSCA sec-tion 6(e)(3)(B).

(h) Use in and servicing of electromag-nets, switches and voltage regulators.PCBs at any concentration may beused in electromagnets, switches (in-cluding sectionalizers and motor start-ers), and voltage regulators and may beused for purposes of servicing thisequipment (including rebuilding) forthe remainder of their useful lives, sub-ject to the following conditions:

(1) Use conditions. (i) After October 1,1985, the use and storage for reuse ofany electromagnet which poses an ex-posure risk to food or feed is prohibitedif the electromagnet contains greaterthan 500 ppm PCBs.

(ii) A visual inspection of each elec-tromagnet subject to paragraph(h)(1)(i) of this section, shall be per-formed at least once every week ac-cording to the conditions contained in§ 761.30(a)(1) (iii) and (iv).

(2) Servicing conditions. (i) Servicing(including rebuilding) any electro-magnet, switch, or voltage regulatorwith a PCB concentration of 500 ppm orgreater which requires the removal and

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40 CFR Ch. I (7–1–97 Edition)§ 761.30

rework of the internal components isprohibited.

(ii) Electromagnets, switches, andvoltage regulators classified as PCB-Contaminated Electrical Equipment(as defined in the definition of ‘‘PCB-Contaminated Electrical Equipment’’under § 761.3) may be serviced (includ-ing rebuilding) only with dielectricfluid containing less than 500 ppm PCB.

(iii) PCBs removed during any servic-ing activity must be captured and ei-ther reused as dielectric fluid or dis-posed of in accordance with the re-quirements of § 761.60. PCBs fromelectromagnets switches, and voltageregulators with a PCB concentration ofat least 500 ppm must not be mixedwith or added to dielectric fluid fromPCB-Contaminated Electrical Equip-ment.

(iv) Regardless of its PCB concentra-tion, dielectric fluids containing lessthan 500 ppm PCB that are mixed withfluids that contain 500 ppm or greaterPCB must not be used as dielectricfluid in any electrical equipment. Theentire mixture of dielectric fluid mustbe considered to be greater than 500ppm PCB and must be disposed of in anincinerator that meets the require-ments of § 761.70.

(v) An electromagnet, switch or volt-age regulator with a PCB concentra-tion of at least 500 ppm may be con-verted to PCB-Contaminated ElectricalEquipment or to a non-PCB classifica-tion and PCB-Contaminated ElectricalEquipment may be reclassified to anon-PCB classification by draining, re-filling and/or otherwise servicing theequipment. In order to be reclassified,the equipment’s dielectric fluid mustcontain less than 500 ppm PCB (for con-version to PCB-Contaminated Elec-trical Equipment) or less than 50 ppmPCB (for conversion to a non-PCB clas-sification) after a minimum of threemonths of in-service use subsequent tothe last servicing conducted for thepurpose of reducing the PCB concentra-tion in the equipment. In-service usemeans the equipment is used elec-trically under loaded conditions. TheAssistant Administrator may grant,without further rulemaking, approvalfor the use of alternative methods thatsimulate the loaded conditions of in-service use. All PCBs removed from

this equipment for purposes of reducingPCB concentrations are subject to thedisposal requirements of § 761.60.

(vi) Any dielectric fluid containing 50ppm or greater PCB used for servicingelectromagnets, switches, or voltageregulators must be stored in accord-ance with the storage for disposal re-quirements of § 761.65.

(vii) Processing and distribution incommerce of PCBs for purposes of serv-icing electromagnets, switches or volt-age regulators is permitted only forpersons who are granted an exemptionunder TSCA 6(e)(3)(B).

(i) Use in compressors and in the liquidof natural gas pipelines. PCBs may beused indefinitely in the compressorsand in the liquids of natural gas pipe-lines at a concentration level of lessthan 50 ppm provided that they aremarked in accordance with § 761.45(a).

(j) Small quantities for research and de-velopment. PCBs may be used in smallquantities for research and develop-ment, as defined in § 761.3, in a mannerother than a totally enclosed manner,indefinitely. Manufacture, processing,and distribution in commerce of PCBsin small quantities for research and de-velopment is permitted only for per-sons who have been granted an exemp-tion under TSCA section 6(e)(3)(B).

(k) Microscopy mounting medium.PCBs may be used as a permanent mi-croscopic mounting medium in a man-ner other than a totally enclosed man-ner indefinitely. Manufacture, process-ing, and distribution in commerce ofPCBs for purposes of use as a mountingmedium are permitted only for personswho are granted an exemption underTSCA section 6(e)(3)(B).

(l) Use in capacitors. PCBs at any con-centration may be used in capacitors,subject to the following conditions:

(1) Use conditions. (i) After October 1,1988, the use and storage for reuse ofPCB Large High Voltage Capacitorsand PCB Large Low Voltage Capacitorswhich pose an exposure risk to food orfeed is prohibited.

(ii) After October 1, 1988, the use ofPCB Large High Voltage Capacitorsand PCB Large Low Voltage Capacitorsis prohibited unless the capacitor isused within a restricted-access elec-trical substation or in a contained andrestricted-access indoor installation. A

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restricted-access electrical substationis an outdoor, fenced or walled-in facil-ity that restricts public access and isused in the transmission or distribu-tion of electric power. A contained andrestricted-access indoor installationdoes not have public access and has anadequate roof, walls, and floor to con-tain any release of PCBs within the in-door location.

(2) [Reserved](m) Use in and servicing of circuit

breakers, reclosers and cable. PCBs atany concentration may be used in cir-cuit breakers, reclosers, and cable andmay be used for purposes of servicingthis electrical equipment (including re-building) for the remainder of theiruseful lives, subject to the followingconditions:

(1) Servicing conditions. (i) Circuitbreakers, reclosers, and cable may beserviced (including rebuilding) onlywith dielectric fluid containing lessthan 50 ppm PCB.

(ii) Any circuit breaker, recloser orcable found to contain at least 50 ppmPCBs may be serviced only in accord-ance with the conditions contained in40 CFR 761.30(h)(2).

(2) [Reserved](n) Microscopy immersion oil. PCBs

may be used as an immersion oil in flu-orescence microscopy, in a mannerother than a totally enclosed mannerindefinitely. Manufacture, processing,and distribution in commerce of PCBsfor purposes of use as a low fluores-cence immersion oil are permitted onlyfor persons who are granted an exemp-tion under TSCA section 6(e)(3)(B).

(o) Optical liquids. PCBs may be usedas optical liquids in a manner otherthan a totally enclosed manner indefi-nitely. Manufacture, processing, anddistribution in commerce of PCBs forpurposes of use as optical liquids arepermitted only for persons who aregranted an exemption under TSCA sec-tion 6(e)(3)(B).

(p) Analytical reference samples. PCB’sin analytical reference samples derivedfrom waste materials may be used onlywhen the samples originated from aperson who has been granted an exemp-tion to process and distribute in com-merce such samples under TSCA sec-tion 6(e)(3)(B). Once the use of suchsamples is completed, disposal of such

samples is governed by all applicableFederal, State, and local laws, includ-ing the rules contained in this part.(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15U.S.C. 2605)[44 FR 31542, May 31, 1979. Redesignated at 47FR 19527, May 6, 1982, and amended at 47 FR37357, Aug. 25, 1983; 48 FR 135, Jan. 3, 1983; 49FR 25241 and 25242, June 20, 1984; 49 FR 28190,and 28202, July 10, 1984; 50 FR 29199, July 17,1985; 53 FR 12524, Apr. 15, 1988; 53 FR 24221,June 27, 1988; 53 FR 27328, July 19, 1988; 54 FR28419, July 6, 1989; 55 FR 45804, Oct. 31, 1990;55 FR 49045, Nov. 26, 1990; 58 FR 15809, Mar.24, 1993; 58 FR 34205, June 23, 1993; 59 FR16998, Apr. 11, 1994]

Subpart C—Marking of PCBs andPCB Items

§ 761.40 Marking requirements.(a) Each of the following items in ex-

istence on or after July 1, 1978 shall bemarked as illustrated in Figure 1 in§ 761.45(a): The mark illustrated in Fig-ure 1 is referred to as ML throughoutthis subpart.

(1) PCB Containers;(2) PCB Transformers at the time of

manufacture, at the time of distribu-tion in commerce if not alreadymarked, and at the time of removalfrom use if not already marked. [Mark-ing of PCB-Contaminated ElectricalEquipment is not required];

(3) PCB Large High Voltage Capaci-tors at the time of manufacture, at thetime of distribution in commerce if notalready marked, and at the time of re-moval from use if not already marked;

(4) Equipment containing a PCBTransformer or a PCB Large High Volt-age Capacitor at the time of manufac-ture, at the time of distribution incommerce if not already marked, andat the time of removal of the equip-ment from use if not already marked;

(5) PCB Large Low Voltage Capaci-tors at the time of removal from use;

(6) Electric motors using PCB cool-ants (See also paragraph (e) of this sec-tion).

(7) Hydraulic systems using PCB hy-draulic fluid (See also paragraph (e) ofthis section);

(8) Heat transfer systems (other thanPCB Transformers) using PCBs (Seealso paragraph (e) of this section);

(9) PCB Article Containers contain-ing articles or equipment that must be

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40 CFR Ch. I (7–1–97 Edition)§ 761.40

marked under paragraphs (a) (1)through (8) of this section;

(10) Each storage area used to storePCBs and PCB Items for disposal.

(b) As of October 1, 1978, each trans-port vehicle shall be marked on eachend and side with ML as described in§ 761.45(a) if it is loaded with PCB Con-tainers that contain more than 45 kg(99.4 lbs.) of PCBs in the liquid phase orwith one or more PCB Transformers(See also paragraph (e) of this section).

(c) As of January 1, 1979, the follow-ing PCB Articles shall be marked withmark ML as described in § 761.45(a):

(1) All PCB Transformers not markedunder paragraph (a) of this section[marking of PCB-Contaminated Elec-trical Equipment is not required];

(2) All PCB Large High Voltage Ca-pacitors not marked under paragraph(a) of this section

(i) Will be marked individually withmark ML, or

(ii) If one or more PCB Large HighVoltage Capacitors are installed in aprotected location such as on a powerpole, or structure, or behind a fence;the pole, structure, or fence shall bemarked with mark ML, and a record orprocedure identifying the PCB Capaci-tors shall be maintained by the owneror operator at the protected location.

(d) As of January 1, 1979, all PCBEquipment containing a PCB Small Ca-pacitor shall be marked at the time ofmanufacture with the statement, ‘‘Thisequipment contains PCB Capacitor(s)’’.The mark shall be of the same size asthe mark ML.

(e) As of October 1, 1979, applicablePCB Items in paragraphs (a) (1), (6), (7),and (8) of this section containing PCBsin concentrations of 50 to 500 ppm andapplicable transport vehicles in para-graph (b) of this section loaded withPCB Containers that contain morethan 45 kg (99.4 lbs.) of liquid PCBs inconcentrations of 50 ppm to 500 ppmshall be marked with mark ML as de-scribed in § 761.45(a).

(f) Where mark ML is specified butthe PCB Article or PCB Equipment istoo small to accomodate the smallestpermissible size of mark ML, mark MS

as described in § 761.45(b), may be usedinstead of mark ML.

(g) Each large low voltage capacitor,each small capacitor normally used in

alternating current circuits, and eachfluorescent light ballast manufactured(‘‘manufactured’’, for purposes of thissentence, means built) between July 1,1978 and July 1, 1998 that do not con-tain PCBs shall be marked by the man-ufacturer at the time of manufacturewith the statement, ‘‘No PCBs’’. Themark shall be of similar durability andreadability as other marking that indi-cate electrical information, part num-bers, or the manufacturer’s name. Forpurposes of this paragraph marking re-quirement only is applicable to itemsbuilt domestically or abroad after June30, 1978.

(h) All marks required by this sub-part must be placed in a position onthe exterior of the PCB Items or trans-port vehicles so that the marks can beeasily read by any persons inspectingor servicing the marked PCB Items ortransport vehicles.

(i) Any chemical substance or mix-ture that is manufactured after the ef-fective date of this rule and that con-tains less than 500 ppm PCB (0.05% ona dry weight basis), including PCB thatis a byproduct or impurity, must bemarked in accordance with any re-quirements contained in the exemptiongranted by EPA to permit such manu-facture and is not subject to any otherrequirement in this subpart unless sospecified in the exemption. This para-graph applies only to containers ofchemical substances or mixtures. PCBarticles and equipment into which thechemical substances or mixtures areprocessed, are subject to the markingrequirements contained elsewhere inthis subpart.

(j) PCB Transformer locations shallbe marked as follows:

(1) Except as provided in paragraph(j)(2) of this section, as of December 1,1985, the vault door, machinery roomdoor, fence, hallway, or means of ac-cess, other than grates and manholecovers, to a PCB Transformer must bemarked with the mark ML as requiredby paragraph (a) of this section.

(2) A mark other than the ML markmay be used provided all of the follow-ing conditions are met:

(i) The program using such an alter-native mark was initiated prior to Au-gust 15, 1985, and can be substantiatedwith documentation.

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(ii) Prior to August 15, 1985, coordina-tion between the transformer ownerand the primary fire department oc-curred, and the primary fire depart-ment knows, accepts, and recognizeswhat the alternative mark means, andthat this can be substantiated withdocumentation.

(iii) The EPA Regional Adminis-trator in the appropriate region is in-formed in writing of the use of the al-ternative mark by October 3, 1988 andis provided with documentation thatthe program began before August 15,1985, and documentation that dem-onstrates that prior to that date theprimary fire department knew, accept-ed and recognized the meaning of themark, and included this information infirefighting training.

(iv) The Regional Administrator willeither approve or disapprove in writingthe use of an alternative mark within30 days of receipt of the documentationof a program.

(3) Any mark placed in accordancewith the requirements of this sectionmust be placed in the locations de-scribed in paragraph (j)(1) of this sec-tion and in a manner that can be easilyread by emergency response personnelfighting a fire involving this equip-ment.

[44 FR 31542, May 31, 1979. Redesignated at 47FR 19527, May 6, 1982, and amended at 47 FR37359, 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]

§ 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, lettersand striping on a white or yellow back-ground and shall be sufficiently dura-ble to equal or exceed the life (includ-ing storage for disposal) of the PCB Ar-ticle, PCB Equipment, or PCB Con-tainer. The size of the mark shall be atleast 15.25 cm (6 inches) on each side. Ifthe PCB Article or PCB Equipment istoo small to accommodate this size,the mark may be reduced in size pro-portionately down to a minimum of 5cm (2 inches) on each side.

(b) Small PCB Mark—Ms. Mark Ms

shall be as shown in Figure 2, lettersand striping on a white or yellow back-

ground, and shall be sufficiently dura-ble to equal or exceed the life (includ-ing storage for disposal) of the PCB Ar-ticle, PCB Equipment, or PCB Con-tainer. The mark shall be a rectangle2.5 by 5 cm (1 inch by 2 inches). If thePCB Article or PCB Equipment is toosmall to accommodate this size, themark may be reduced in size propor-tionately down to a minimum of 1 by 2cm (.4 by .8 inches).

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

Subpart D—Storage and Disposal

NOTE: This subpart does not require re-moval of PCBs and PCB Items from serviceand disposal earlier than would normally bethe case. However, when PCBs and PCBItems are removed from service and disposedof, disposal must be undertaken in accord-ance with these regulations. PCBs (includingsoils and debris) and PCB Items which havebeen placed in a disposal site are consideredto be ‘‘in service’’ for purposes of the appli-cability of this subpart. This subpart doesnot require PCBs and PCB Items landfilledprior to February 17, 1978 to be removed fordisposal. However, if such PCBs or PCB

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40 CFR Ch. I (7–1–97 Edition)§ 761.60

Items are removed from the disposal site,they must be disposed of in accordance withthis subpart. Other subparts are directed tothe manufacture, processing, distribution incommerce, and use of PCBs and may resultin some cases in disposal at an earlier datethan would otherwise occur.

§ 761.60 Disposal requirements.

(a) PCBs. (1) Except as provided inparagraphs (a)(2), (3), (4), and (5) of thissection, PCBs at concentrations of 50ppm or greater must be disposed of inan incinerator which complies with§ 761.70.

(2) Mineral oil dielectric fluid fromPCB-Contaminated Electrical Equip-ment containing a PCB concentrationof 50 ppm or greater, but less than 500ppm, must be disposed of in one of thefollowing:

(i) In an incinerator that complieswith § 761.70;

(ii) In a chemical waste landfill thatcomplies with § 761.75 if information isprovided to the owner or operator ofthe chemical waste landfill that showsthat the mineral oil dielectric fluiddoes not exceed 500 ppm PCB and is notan ignitable waste as described in§ 761.75(b)(8)(iii);

(iii) In a high efficiency boiler pro-vided that:

(A) The boiler complies with the fol-lowing criteria:

(1) The boiler is rated at a minimumof 50 million BTU hours;

(2) If the boiler uses natural gas oroil as the primary fuel, the carbonmonoxide concentration in the stack is50 ppm or less and the excess oxygen isat least three (3) percent when PCBsare being burned;

(3) If the boiler uses coal as the pri-mary fuel, the carbon monoxide con-centration in the stack is 100 ppm orless and the excess oxygen is at leastthree (3) percent when PCBs are beingburned;

(4) The mineral oil dielectric fluiddoes not comprise more than ten (10)percent (on a volume basis) of the totalfuel feed rate;

(5) The mineral oil dielectric fluid isnot fed into the boiler unless the boileris operating at its normal operatingtemperature (this prohibits feedingthese fluids during either start up orshut down operations);

(6) The owner or operator of the boil-er:

(i) Continuously monitors andrecords the carbon monoxide con-centration and excess oxygen percent-age in the stack gas while burning min-eral oil dielectric fluid; or

(ii) If the boiler will burn less than30,000 gallons of mineral oil dielectricfluid per year, measures and recordsthe carbon monoxide concentrationand excess oxygen percentage in thestack gas at regular intervals of nolonger than 60 minutes while burningmineral oil dielectric fluid.

(7) The primary fuel feed rates, min-eral oil dielectric fluid feed rates, andtotal quantities of both primary fueland mineral oil dielectric fluid fed tothe boiler are measured and recordedat regular intervals of no longer than15 minutes while burning mineral oildielectric fluid.

(8) The carbon monoxide concentra-tion and the excess oxygen percentageare checked at least once every hourthat mineral oil dielectric fluid isburned. If either measurement fallsbelow the levels specified in this rule,the flow of mineral oil dielectric fluidto the boiler shall be stopped imme-diately.

(B) Thirty days before any personburns mineral oil dielectric fluid in theboiler, the person gives written noticeto the EPA Regional Administrator forthe EPA Region in which the boiler islocated and that the notice containsthe following information:

(1) The name and address of theowner or operator of the boiler and theaddress of the boiler;

(2) The boiler rating in units of BTU/hour;

(3) The carbon monoxide concentra-tion and the excess oxygen percentagein the stack of the boiler when it is op-erated in a manner similar to the man-ner in which it will be operated whenmineral oil dielectric fluid is burned;and

(4) The type of equipment, apparatus,and procedures to be used to controlthe feed of mineral oil dielectric fluidto the boiler and to monitor and recordthe carbon monoxide concentrationand excess oxygen percentage in thestack.

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(C) When burning mineral oil dielec-tric fluid, the boiler must operate at alevel of output no less than the outputat which the measurements requiredunder paragraph (a)(2)(iii)(B)(3) of thissection were taken.

(D) Any person burning mineral oildielectric fluid in a boiler obtains thefollowing information and retains theinformation for five years at the boilerlocation:

(1) The data required to be collectedunder paragraphs (a)(2)(A) (6) and (7) ofthis section; and

(2) The quantity of mineral oil dielec-tric fluid burned in the boiler eachmonth;

(iv) In a facility that is approved inaccordance with § 761.60(e). For the pur-pose of burning mineral oil dielectricfluid, an applicant under § 761.60(e)must show that his combustion processdestroys PCBs as efficiently as does ahigh efficiency boiler, as defined inparagraph (a)(2)(iii) of this section, or a§ 761.70 approved incinerator.

(3) Liquids, other than mineral oil di-electric fluid, containing a PCB con-centration of 50 ppm or greater, butless than 500 ppm, shall be disposed of:

(i) In an incinerator which complieswith § 761.70;

(ii) In a chemical waste landfillwhich complies with § 761.75 if informa-tion is provided to the owner or opera-tor of the chemical waste landfill thatshows that the waste does not exceed500 ppm PCB and is not an ignitablewaste as described in § 761.75(b)(8)(iii);

(iii) In a high efficiency boiler pro-vided that.

(A) The boiler complies with the fol-lowing criteria:

(1) The boiler is rated at a minimumof 50 million BTU/hour;

(2) If the boiler uses natural gas oroil as the primary fuel, the carbonmonoxide concentration in the stack is50 ppm or less and the excess oxygen isat least three (3) percent when PCBsare being burned;

(3) If the boiler uses coal as the pri-mary fuel, the carbon monoxide con-centration in the stack is 100 ppm orless and the excess oxygen is at leastthree (3) percent when PCBs are beingburned;

(4) The waste does not comprise morethan ten (10) percent (on a volumebasis) of the total fuel feed rate;

(5) The waste is not fed into the boil-er unless the boiler is operating at itsnormal operating temperature (thisprohibits feeding these fluids during ei-ther start up or shut down operations);

(6) The owner or operator of the boil-er must:

(i) Continuously monitor and recordthe carbon monoxide concentrationand excess oxygen percentage in thestack gas while burning waste fluid; or

(ii) If the boiler will burn less than30,000 gallons of waste fluid per year,measure and record the carbon mon-oxide concentration and excess oxygenpercentage in the stack gas at regularintervals of no longer than 60 minuteswhile burning waste fluid;

(7) The primary fuel feed rate, wastefluid feed rate, and total quantities ofboth primary fuel and waste fluid fedto the boiler must be measured and re-corded at regular intervals of no longerthan 15 minutes while burning wastefluid; and

(8) The carbon monoxide concentra-tion and the excess oxygen percentagemust be checked at least once everyhour that the waste is burned. If eithermeasurement falls below the levelsspecified in this rule, the flow of wasteto the boiler shall be stopped imme-diately.

(B) Prior to any person burning theseliquids in the boiler, approval must beobtained from the EPA Regional Ad-ministrator for the EPA Region inwhich the boiler is located and any per-sons seeking such approval must sub-mit to the EPA Regional Adminis-trator a request containing at least thefollowing information:

(1) The name and address of theowner or operator of the boiler and theaddress of the boiler;

(2) The boiler rating in units of BTU/hour;

(3) The carbon monoxide concentra-tion and the excess oxygen percentagein the stack of the boiler when it is op-erated in a manner similar to the man-ner in which it will be operated whenlow concentration PCB liquid isburned;

(4) The type of equipment, apparatus,and procedures to be used to control

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40 CFR Ch. I (7–1–97 Edition)§ 761.60

the feed of mineral oil dielectric fluidto the boiler and to monitor and recordthe carbon monoxide concentrationand excess oxygen percentage in thestack;

(5) The type of waste to be burned(e.g., hydraulic fluid, contaminatedfuel oil, heat transfer fluid, etc.);

(6) The concentration of PCBs and ofany other chlorinated hydrocarbon inthe waste and the results of analysesusing the American Society of Testingand Materials (ASTM) methods as fol-lows: Carbon and hydrogen contentusing ASTM D–3178–84, nitrogen con-tent using ASTM E–258–67 (Reapproved1987), sulfur content using ASTM D–2784–89, D–1266–87, or D–129–64, chlorinecontent using ASTM D–808–87, waterand sediment content using eitherASTM D–2709–88 or ASTM D–1796–83(Reapproved 1990), ash content using D–482–87, calorific value using ASTM D–240–87, carbon residue using eitherASTM D–2158–89 or D–524–88, and flashpoint using ASTM D–93–90.

(7) The quantity of wastes estimatedto be burned in a thirty (30) day period;

(8) An explanation of the proceduresto be followed to insure that burningthe waste will not adversely affect theoperation of the boiler such that com-bustion efficiency will decrease.

(C) On the basis of the information inparagraph (a)(3)(iii)(B) of this sectionand any other available information,the Regional Administrator may, athis discretion, find that the alternatedisposal method will not present an un-reasonable risk of injury to health orthe environment and approve the use ofthe boiler;

(D) When burning PCB wastes, theboiler must operate at a level of outputno less than the output at which themeasurements required under para-graph (a)(3)(iii)(B)(3) of this sectionwere taken; and

(E) Any person burning liquids inboilers approved as provided in para-graph (a)(3)(iii)(C) of this section, mustobtain the following information andretain the information for five years atthe boiler location:

(1) The data required to be collectedin paragraphs (a)(3)(iii)(A) (6) and (7) ofthis section;

(2) The quantity of low concentrationPCB liquid burned in the boiler eachmonth.

(3) The analysis of the waste requiredby paragraph (a)(3)(iii)(B)(6) of this sec-tion taken once a month for eachmonth during which low concentrationPCB liquid is burned in the boiler.

(iv) In a facility that is approved inaccordance with § 761.60(e). For the pur-pose of burning liquids, other thanmineral oil dielectric fluid, containing50 ppm or greater PCB, but less than500 ppm PCB, an applicant under§ 761.60(e) must show that his combus-tion process destroys PCBs as effi-ciently as does a high efficiency boiler,as defined in § 761.60(a)(2)(iii), or a§ 761.70 incinerator.

(4) Any non-liquid PCBs at con-centrations of 50 ppm or greater in theform of contaminated soil, rags, orother debris shall be disposed of:

(i) In an incinerator which complieswith § 761.70; or

(ii) In a chemical waste landfillwhich complies with § 761.75.

NOTE: Except as provided in§ 761.75(b)(8)(ii), liquid PCBs shall not beprocessed into non-liquid forms to cir-cumvent the high temperature incinerationrequirements of § 761.60(a).

(5) All dredged materials and munici-pal sewage treatment sludges that con-tain PCBs at concentrations of 50 ppmor greater shall be disposed of:

(i) In an incinerator which complieswith § 761.70,

(ii) In a chemical waste landfillwhich complies with § 761.75; or

(iii) Upon application, using a dis-posal method to be approved by theAgency’s Regional Administrator inthe EPA Region in which the PCBs arelocated. Applications for disposal in amanner other than prescribed in para-graph (a)(5) (i) or (ii) of this sectionmust be made in writing to the Re-gional Administrator. The applicationmust contain information that, basedon technical, environmental, and eco-nomic considerations, indicates thatdisposal in an incinerator or chemicalwaste landfill is not reasonable and ap-propriate, and that the alternate dis-posal method will provide adequateprotection to health and the environ-ment. The Regional Administratormay request other information that he

521


or she believes to be necessary for eval-uation of the alternate disposal meth-od. Any approval by the Regional Ad-ministrator shall be in writing andmay contain any appropriate limita-tions on the approved alternate methodfor disposal. In addition to these regu-lations, the Regional Administratorshall consider other applicable Agencyguidelines, criteria, and regulations toensure that the discharges of dredgedmaterial and sludges that containPCBs and other contaminants are ade-quately controlled to protect the envi-ronment. The person to whom such ap-proval is issued must comply with alllimitations contained in the approval.

(6) When storage is desired prior todisposal, PCBs at concentrations of 50ppm or greater shall be stored in a fa-cility which complies with § 761.65.

(b) PCB Articles—(1) Transformers. (i)PCB Transformers shall be disposed ofin accordance with either of the follow-ing:

(A) In an incinerator that complieswith § 761.70; or

(B) In a chemical waste landfillwhich complies with § 761.75; Provided,That the transformer is first drained ofall free flowing liquid, filled with sol-vent, allowed to stand for at least 18hours, and then drained thoroughly.PCB liquids that are removed shall bedisposed of in accordance with para-graph (a) of this section. Solvents mayinclude kerosene, xylene, toluene andother solvents in which PCBs are read-ily soluble. Precautionary measuresshould be taken, however, that the sol-vent flushing procedure is conducted inaccordance with applicable safety andhealth standards as required by Fed-eral or State regulations.

(ii) [Reserved](2) PCB Capacitors. (i) The disposal of

any capacitor shall comply with all re-quirements of this subpart unless it isknown from label or nameplate infor-mation, manufacturer’s literature (in-cluding documented communicationswith the manufacturer), or chemicalanalysis that the capacitor does notcontain PCBs.

(ii) Any person may dispose of PCBSmall Capacitors as municipal solidwaste, unless that person is subject tothe requirements of paragraph (b)(2)(iv)of this section.

(iii) Any PCB Large High or LowVoltage Capacitor which contains 500ppm or greater PCBs, owned by anyperson, shall be disposed of in accord-ance with either of the following:

(A) Disposal in an incinerator thatcomplies with § 761.70; or

(B) Until March 1, 1981, disposal in achemical waste landfill that complieswith § 761.75.

(iv) Any PCB Small Capacitor ownedby any person who manufactures or atany time manufactured PCB Capaci-tors or PCB Equipment and acquiredthe PCB Capacitors in the course ofsuch manufacturing shall be disposedof in accordance with either of the fol-lowing:

(A) Disposal in an incinerator whichcomplies with § 761.70; or

(B) Until March 1, 1981, disposal in achemical waste landfill which complieswith § 761.75.

(v) Notwithstanding the restrictionsimposed by paragraph (b)(2)(iii)(B) or(b)(2)(iv)(B) of this section, PCB capaci-tors may be disposed of in PCB chemi-cal waste landfills that comply with§ 761.75 subsequent to March 1, 1981, ifthe Assistant Administrator for Pre-vention, Pesticides and Toxic Sub-stances publishes a notice in the FED-ERAL REGISTER declaring that thoselandfills are available for such disposaland explaining the reasons for the ex-tension or reopening. An extension orreopening for disposal of PCB capaci-tors that is granted under this sub-section shall be subject to such termsand conditions as the Assistant Admin-istrator may prescribe and shall be ineffect for such period as the AssistantAdministrator may prescribe. The As-sistant Administrator may permit dis-posal of PCB capacitors in EPA ap-proved chemical waste landfills afterMarch 1, 1981, if in his opinion,

(A) Adequate incineration capabilityfor PCB capacitors is not available, or

(B) The incineration of PCB capaci-tors will significantly interfere withthe incineration of liquid PCBs, or

(C) There is other good cause shown.

As part of this evaluation, the Assist-ant Administrator will consider theimpact of his action on the incentivesto construct or expand PCB inciner-ators.

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(vi) Prior to disposal in a § 761.75chemical waste landfill, all large PCBcapacitors, and all small PCB capaci-tors described in paragraph (b)(2)(iv) ofthis section, shall be placed in one ofthe Department of Transportationspecification containers identified in§ 761.65(c)(6) or in containers that com-ply with 49 CFR 178.118 (specification17H containers). Large PCB capacitorswhich are too big to fit inside one ofthese containers shall be placed in acontainer with strength and durabilityequivalent to the DOT specificationcontainers. In all cases, interstitialspace in the container shall be filledwith sufficient absorbent material(such as sawdust or soil) to absorb anyliquid PCBs remaining in the capaci-tors.

(3) PCB hydraulic machines. PCB hy-draulic machines containing PCBs atconcentrations of 50 ppm or greatersuch as die casting machines may bedisposed of as municipal solid waste orsalvage provided that the machines aredrained of all free-flowing liquid andthe liquid is disposed of in accordancewith the provisions of paragraph (a) ofthis section. If the PCB liquid contains1000 ppm PCB or greater, then the hy-draulic machine must be flushed priorto disposal with a solvent containingless than 50 ppm PCB under trans-former solvents at paragraph(b)(1)(i)(B) of this section and the sol-vent disposed of in accordance withparagraph (a) of this section.

(4) PCB-Contaminated Electrical Equip-ment. All PCB-Contaminated ElectricalEquipment except capacitors shall bedisposed of by draining all free flowingliquid from the electrical equipmentand disposing of the liquid in accord-ance with paragraph (a)(2) or (3) of thissection. The disposal of the drainedelectrical equipment is not regulatedby this rule. Capacitors that containbetween 50 and 500 ppm PCBs shall bedisposed of in an incinerator that com-plies with § 761.70 or in a chemicalwaste landfill that complies with§ 761.75.

(5) Other PCB Articles. (i) PCB articleswith concentrations at 500 ppm orgreater must be disposed of:

(A) In an incinerator that complieswith § 761.70; or

(B) In a chemical waste landfill thatcomplies with § 761.75, provided that allfree-flowing liquid PCBs have beenthoroughly drained from any articlesbefore the articles are placed in thechemical waste landfill and that thedrained liquids are disposed of in an in-cinerator that complies with § 761.70.

(ii) PCB Articles with a PCB con-centration between 50 and 500 ppmmust be disposed of by draining all freeflowing liquid from the article and dis-posing of the liquid in accordance withparagraph (a)(2) or (3) of this section.The disposal of the drained article isnot regulated by this rule.

(6) Storage of PCB Articles. Except fora PCB Article described in paragraph(b)(2)(ii) of this section and hydraulicmachines that comply with the munici-pal solid waste disposal provisions de-scribed in paragraph (b)(3) of this sec-tion, any PCB Article, with PCB con-centrations at 50 ppm or greater, shallbe stored in accordance with § 761.65prior to disposal.

(c) PCB Containers. (1) Unless decon-taminated in compliance with § 761.79or as provided in paragraph (c)(2) ofthis section, a PCB container with PCBconcentrations at 500 ppm or greatershall be disposed of:

(i) In an incinerator which complieswith § 761.70, or

(ii) In a chemical waste landfill thatcomplies with § 761.75; provided that ifthere are PCBs in a liquid state, thePCB Container shall first be drainedand the PCB liquid disposed of in ac-cordance with paragraph (a) of this sec-tion.

(2) Any PCB Container used to con-tain only PCBs at a concentration lessthan 500 ppm shall be disposed of asmunicipal solid wastes; provided that ifthe PCBs are in a liquid state, the PCBContainer shall first be drained and thePCB liquid shall be disposed of in ac-cordance with paragraph (a) of this sec-tion.

(3) Prior to disposal, a PCB containerwith PCB concentrations at 50 ppm orgreater shall be stored in a facilitywhich complies with § 761.65.

(d) Spills. (1) Spills and other uncon-trolled discharges of PCBs at con-centrations of 50 ppm or greater con-stitute the disposal of PCBs.

523


(2) PCBs resulting from the clean-upand removal of spills, leaks, or otheruncontrolled discharges, must bestored and disposed of in accordancewith paragraph (a) of this section.

(3) These regulations do not exemptany person from any actions or liabil-ity under other statutory authorities,including but not limited to the CleanWater Act, the Resource Conservationand Recovery Act, and the Comprehen-sive Environmental Response, Com-pensation, and Liability Act of 1980.

(e) Any person who is required to in-cinerate any PCBs and PCB Itemsunder this subpart and who can dem-onstrate that an alternative method ofdestroying PCBs and PCB Items existsand that this alternative method canachieve a level of performance equiva-lent to § 761.70 incinerators or high effi-ciency boilers as provided in para-graphs (a)(2)(iv) and (a)(3)(iv) of thissection, may submit a written requestto either the Regional Administratoror the Director, Chemical ManagementDivision for an exemption from the in-cineration requirements of § 761.70 or§ 761.60. Requests for approval of alter-nate methods that will be operated inmore than one region must be submit-ted to the Director, Chemical Manage-ment Division except for research anddevelopment involving less than 500pounds of PCB material (see paragraph(i)(2) of this section). Requests for ap-proval of alternate methods that willbe operated in only one region must besubmitted to the appropriate RegionalAdministrator. The applicant mustshow that his method of destroyingPCBs will not present an unreasonablerisk of injury to health or the environ-ment. On the basis of such informationand any available information, the Re-gional Administrator or the Director,Chemical Management Division may,in his discretion, approve the use of thealternate method if he finds that thealternate disposal method providesPCB destruction equivalent to disposalin a § 761.70 incinerator or a § 761.60 highefficiency boiler and will not presentan unreasonable risk of injury tohealth or the environment. Any ap-proval must be stated in writing andmay contain such conditions and provi-sions as the Regional Administrator orDirector, Chemical Management Divi-

sion deems appropriate. The person towhom such waiver is issued must com-ply with all limitations contained insuch determination.

(f)(1) Each operator of a chemicalwaste landfill, incinerator, or alter-native to incineration approved underparagraph (e) of this section shall givethe following written notices to thestate and local governments withinwhose jurisdiction the disposal facilityis located:

(i) Notice at least thirty (30) days be-fore a facility is first used for disposalof PCBs required by these regulations;and

(ii) At the request of any state orlocal government, annual notice of thequantities and general description ofPCBs disposed of during the year. Thisannual notice shall be given no morethan thirty (30) days after the end ofthe year covered.

(iii) The Regional Administrator mayreduce the notice period required byparagraph (f)(1)(i) of this section fromthirty days to a period of no less thanfive days in order to expedite interimapproval of the chemical waste landfilllocated in Sedgwick County, Kansas.

(2) Any person who disposes of PCBsunder a paragraph (a)(5)(iii) of this sec-tion incineration or chemical wastelandfilling waiver shall give writtennotice at least thirty (30) days prior toconducting the disposal activities tothe state and local governments withinwhose jurisdiction the disposal is totake place.

(g) Testing procedures. (1) Owners orusers of mineral oil dielectric fluidelectrical equipment may use the fol-lowing procedures to determine theconcentration of PCBs in the dielectricfluid:

(i) Dielectric fluid removed frommineral oil dielectric fluid electricalequipment may be collected in a com-mon container, provided that no otherchemical substances or mixtures areadded to the container. This commoncontainer option does not permit dilu-tion of the collected oil. Mineral oilthat is assumed or known to contain atleast 50 ppm PCBs must not be mixedwith mineral oil that is known or as-sumed to contain less than 50 ppmPCBs to reduce the concentration of

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40 CFR Ch. I (7–1–97 Edition)§ 761.60

PCBs in the common container. If di-electric fluid from untested, oil-filledcircuit breakers, reclosers, or cable iscollected in a common container withdielectric fluid from other oil-filledelectrical equipment, the entire con-tents of the container must be treatedas PCBs at a concentration of at least50 ppm, unless all of the fluid from theother oil-filled electrical equipmenthas been tested and shown to containless than 50 ppm PCBs.

(ii) For purposes of complying withthe marking and disposal require-ments, representative samples may betaken from either the common con-tainers or the individual electricalequipment to determine the PCB con-centration, except that if any PCBs ata concentration of 500 ppm or greaterhave been added to the container orequipment then the total containercontents must be considered as havinga PCB concentration of 500 ppm orgreater for purposes of complying withthe disposal requirements of this sub-part. For purposes of this subpara-graph, representative samples of min-eral oil dielectric fluid are either sam-ples taken in accordance with ASTM D923–86 or ASTM D 923–89 or samplestaken from a container that has beenthoroughly mixed in a manner suchthat any PCBs in the container areuniformly distributed throughout theliquid in the container.

(2) Owners or users of waste oil mayuse the following procedures to deter-mine the PCB concentration of wasteoil:

(i) Waste oil from more than onesource may be collected in a commoncontainer, provided that no otherchemical substances or mixtures, suchas non-waste oils, are added to the con-tainer.

(ii) For purposes of complying withthe marking and disposal require-ments, representative samples may betaken from either the common con-tainers or the individual electricalequipment to determine the PCB con-centration. Except, That if any PCBs ata concentration of 500 ppm or greaterhave been added to the container orequipment then the total containercontents must be considered as havinga PCB concentration of 500 ppm orgreater for purposes of complying with

the disposal requirements of this sub-part. For purposes of this paragraph,representative samples of mineral oildielectric fluid are either samplestaken in accordance with ASTM D 923–86 or ASTM D 923–89 or samples takenfrom a container that has been thor-oughly mixed in a manner such thatany PCBs in the container are uni-formly distributed throughout the liq-uid in the container.

(h) Requirements for export and im-port of PCBs and PCB Items for dis-posal are found in Subpart F of thispart.

(i) Approval authority for disposalmethods. (1) The officials (the Director,Chemical Management Division andthe Regional Administrators) des-ignated in §§ 761.60(e) and 761.70 (a) and(b) to receive requests for approval ofPCB disposal activities are the primaryapproval authorities for these activi-ties. Notwithstanding, the Director,Chemical Management Division may,at his/her discretion, assign the author-ity to review and approve any aspect ofa disposal system to the Office of Pre-vention, Pesticides and Toxic Sub-stances or to a Regional Adminis-trator.

(2) Except for activity authorizedunder § 761.30(j), research and develop-ment (R and D) into PCB disposalmethods using a total of less than 500pounds of PCB material (regardless ofPCB concentration) will be reviewedand approved by the appropriate EPARegional Administrator and researchand development using 500 pounds ormore of PCB material (regardless ofPCB concentration) will be reviewed bythe approval authorities set out in§§ 761.60(e) and 761.70 (a) and (b).

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

[44 FR 31542, May 31, 1979, as amended at 44FR 54297, Sept. 19, 1979; 45 FR 20475, Mar. 28,1980. Redesignated at 47 FR 19527, May 6,1982, and amended at 47 FR 37359, Aug. 25,1982; 48 FR 5730, Feb. 8, 1983; 48 FR 13185, Mar.30, 1983; 48 FR 15125, Apr. 7, 1983; 49 FR 28191,July 10, 1984; 49 FR 36648, Sept. 19, 1984; 53 FR10391, Mar. 31, 1988; 53 FR 12524, Apr. 15, 1988;53 FR 21641, June 9, 1988; 54 FR 22595, May 25,1989; 57 FR 13323, Apr. 16, 1992; 58 FR 15809,Mar. 24, 1993; 61 FR 11107, Mar. 18, 1996]

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§ 761.65 Storage for disposal.This section applies to the storage

for disposal of PCBs at concentrationsof 50 ppm or greater and PCB Itemswith PCB concentrations of 50 ppm orgreater.

(a) Any PCB Article or PCB Con-tainer stored for disposal before Janu-ary 1, 1983, shall be removed from stor-age and disposed of as required by thispart before January 1, 1984. Any PCBArticle or PCB Container stored fordisposal after January 1, 1983, shall beremoved from storage and disposed ofas required by subpart D of this partwithin one year from the date when itwas first placed into storage.

(b) Except as provided in paragraph(c) of this section, after July 1, 1978,owners or operators of any facilitiesused for the storage of PCBs and PCBItems designated for disposal shallcomply with the following require-ments:

(1) The facilities shall meet the fol-lowing criteria:

(i) Adequate roof and walls to pre-vent rain water from reaching thestored PCBs and PCB Items;

(ii) An adequate floor which has con-tinuous curbing with a minimum sixinch high curb. The floor and curbingmust provide a containment volumeequal to at least two times the internalvolume of the largest PCB Article orPCB Container stored therein or 25 per-cent of the total internal volume of allPCB Articles or PCB Containers storedtherein, whichever is greater;

(iii) No drain valves, floor drains, ex-pansion joints, sewer lines, or otheropenings that would permit liquids toflow from the curbed area;

(iv) Floors and curbing constructedof continuous smooth and imperviousmaterials, such as Portland cementconcrete or steel, to prevent or mini-mize penetration of PCBs; and

(v) Not located at a site that is belowthe 100-year flood water elevation.

(2) [Reserved](c)(1) The following PCB Items may

be stored temporarily in an area thatdoes not comply with the requirementsof paragraph (b) of this section for upto thirty days from the date of theirremoval from service, provided that anotation is attached to the PCB Itemor a PCB Container (containing the

item) indicating the date the item wasremoved from service:

(i) Non-leaking PCB Articles andPCB Equipment;

(ii) Leaking PCB Articles and PCBEquipment if the PCB Items are placedin a non-leaking PCB Container thatcontains sufficient sorbent materialsto absorb any liquid PCBs remaining inthe PCB Items;

(iii) PCB Containers containing non-liquid PCBs such as contaminated soil,rags, and debris; and

(iv) PCB Containers containing liquidPCBs at a concentration between 50and 500 ppm, provided a Spill Preven-tion, Control and Countermeasure Planhas been prepared for the temporarystorage area in accordance with 40 CFRpart 112. In addition, each containermust bear a notation that indicatesthat the liquids in the drum do not ex-ceed 500 ppm PCB.

(2) Non-leaking and structurallyundamaged PCB Large High VoltageCapacitors and PCB-ContaminatedElectrical Equipment that have notbeen drained of free flowing dielectricfluid may be stored on pallets next toa storage facility that meets the re-quirements of paragraph (b) of this sec-tion. PCB-Contaminated ElectricalEquipment that has been drained offree flowing dielectric fluid is not sub-ject to the storage provisions of § 761.65.Storage under this subparagraph willbe permitted only when the storage fa-cility has immediately available un-filled storage space equal to 10 percentof the volume of capacitors and equip-ment stored outside the facility. Thecapacitors and equipment temporarilystored outside the facility shall bechecked for leaks weekly.

(3) Any storage area subject to therequirements of paragraph (b) or para-graph (c)(1) of this section shall bemarked as required in subpart C§ 761.40(a)(10).

(4) No item of movable equipmentthat is used for handling PCBs and PCBItems in the storage facilities and thatcomes in direct contact with PCBsshall be removed from the storage fa-cility area unless it has been decon-taminated as specified in § 761.79.

(5) All PCB Articles and PCB Con-tainers in storage shall be checked forleaks at least once every 30 days. Any

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leaking PCB Articles and PCB Contain-ers and their contents shall be trans-ferred immediately to properly markednon-leaking containers. Any spilled orleaked materials shall be immediatelycleaned up, using sorbents or otheradequate means, and the PCB-contami-nated materials and residues shall bedisposed of in accordance with§ 761.60(a)(4).

(6) Except as provided in paragraph(c)(7) of this section, any containerused for the storage of liquid PCBsshall comply with the Shipping Con-tainer Specification of the Departmentof Transportation (DOT), 49 CFR 178.80(Specification 5 container without re-movable head), 178.82 (Specification 5Bcontainer without removable head),178.102 (Specification 6D overpack withSpecification 2S(§ 178.35) or2SL(§ 178.35a) polyethylene containers)or 178.116 (Specification 17E container).Any container used for the storage ofnon-liquid PCBs shall comply with thespecifications of 49 CFR 178.80 (Speci-fication 5 container), 178.82 (Specifica-tion 5B container) or 178.115 (Specifica-tion 17C container). As an alternate,containers larger than those specifiedin DOT Specifications 5, 5B, or 17C maybe used for non-liquid PCBs if the con-tainers are designed and constructed ina manner that will provide as muchprotection against leaking and expo-sure to the environment as the DOTSpecification containers, and are of thesame relative strength and durabilityas the DOT Specification containers.

(7) Storage containers for liquidPCBs can be larger than the containersspecified in paragraph (c)(6) of this sec-tion provided that:

(i) The containers are designed, con-structed, and operated in compliancewith Occupational Safety and HealthStandards, 29 CFR 1910.106, Flammableand combustible liquids. Before usingthese containers for storing PCBs, thedesign of the containers must be re-viewed to determine the effect on thestructural safety of the containers thatwill result from placing liquids withthe specific gravity of PCBs into thecontainers (see 29 CFR1910.106(b)(1)(i)(f)).

(ii) The owners or operators of anyfacility using containers described inparagraph (c)(7)(i) of this section, shall

prepare and implement a Spill Preven-tion Control and Countermeasure(SPCC) Plan as described in part 112 ofthis title. In complying with 40 CFRpart 112, the owner or operator shallread ‘‘oil(s)’’ as ‘‘PCB(s)’’ whenever itappears. The exemptions for storagecapacity, 40 CFR 112.1(d)(2), and theamendment of SPCC plans by the Re-gional Administrator, 40 CFR 112.4,shall not apply unless some fraction ofthe liquids stored in the container areoils as defined by section 311 of theClean Water Act.

(8) PCB Articles and PCB Containersshall be dated on the article or con-tainer when they are placed in storage.The storage shall be managed so thatthe PCB Articles and PCB Containerscan be located by the date they enteredstorage. Storage containers provided inparagraph (c)(7) of this section, shallhave a record that includes for eachbatch of PCBs the quantity of thebatch and date the batch was added tothe container. The record shall also in-clude the date, quantity, and disposi-tion of any batch of PCBs removedfrom the container.

(9) Owners or operators of storage fa-cilities shall establish and maintainrecords as provided in § 761.180.

(d) Approval of commercial storers ofPCB waste. (1) All commercial storersof PCB waste shall have interim ap-proval to operate commercial facilitiesfor the storage of PCB waste until Au-gust 2, 1990. Commercial storers of PCBwaste are prohibited from storing anyPCB waste at their facilities after Au-gust 2, 1990 unless they have submittedby August 2, 1990 a complete applica-tion for a final storage approval underparagraph (d)(2) of this section. The pe-riod of interim approval shall continueuntil the Regional Administrator (orthe Director of the Chemical Manage-ment Division (Director, CMD) in casesinvolving commercial storage ancillaryto a facility approved for disposal bythe Director, CMD) makes a final deci-sion on the storage application atwhich time such interim approval shallterminate.

(2) The Regional Administrator forthe region in which the storage facilityis located (or the Director, CMD, if thecommercial storage area is ancillary toa facility approved for disposal by the

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Director, CMD) shall grant written,final approval to engage in the com-mercial storage of PCB waste upon adetermination by the Regional Admin-istrator or the Director, CMD, that thecriteria in paragraph (d)(2)(i) through(d)(2)(vii) of this section have been metby the applicant:

(i) The applicant, its principals, andits key employees responsible for theestablishment or operation of the com-mercial storage facility are qualified toengage in the business of commercialstorage of PCB waste.

(ii) The facility possesses the capac-ity to handle the quantity of PCBwaste which the owner or operator ofthe facility has estimated will be themaximum quantity of PCB waste thatwill be handled at any one time at thefacility.

(iii) The owner or operator of the fa-cility has certified compliance with thestorage facility standards in para-graphs (b) and (c)(7) of this section.

(iv) The owner or operator has devel-oped a written closure plan for the fa-cility that is deemed acceptable by theRegional Administrator (or the Direc-tor, CMD, if the commercial storage isancillary to a disposal facility per-mitted by the Director, CMD) underthe closure plan standards of paragraph(e) of this section.

(v) The owner or operator has in-cluded in the application for final ap-proval a demonstration of financial re-sponsibility for closure that meets thefinancial responsibility standards ofparagraph (g) of this section.

(vi) The operation of the storage fa-cility will not pose an unreasonablerisk of injury to health or the environ-ment.

(vii) The environmental compliancehistory of the applicant, its principals,and its key employees may be deemedto constitute a sufficient basis for de-nial of approval whenever in the judg-ment of the Regional Administrator (orDirector, CMD) that history of environ-mental civil violations or criminal con-victions evidences a pattern or practiceof noncompliance that demonstratesthe applicant’s unwillingness or inabil-ity to achieve and maintain compli-ance with the regulations.

(3) Applicants for storage approvalsshall submit a written application that

includes any relevant informationbearing upon the qualifications of thefacility’s principals and key employeesto engage in the business of commer-cial storage of PCB wastes. This infor-mation shall include, but is not limitedto:

(i) The identification of the ownerand the operator of the facility, includ-ing all general partners of a partner-ship, any limited partner of a partner-ship, any stockholder of a corporationor any participant in any other type ofbusiness organization or entity whoowns or controls, directly or indirectly,more than 5 percent of each partner-ship, corporation, or other business or-ganization and all officials of the facil-ity who have direct management re-sponsibility for the facility.

(ii) The identification of the personresponsible for the overall operationsof the facility (i.e., a plant manager,superintendent, or a person of similarresponsibility) and the supervisory em-ployees who are or will be responsiblefor the operation of the facility.

(iii) Information concerning the tech-nical qualifications and experience ofthe persons responsible for the overalloperation of the facility and the em-ployees responsible for handling PCBwaste or other wastes.

(iv) Information concerning any pastState or Federal environmental viola-tions involving the same business oranother business with which the prin-cipals or supervisory employees wereaffiliated directly that occurred within5 years preceding the date of submis-sion and which relate directly to viola-tions that resulted in either a civilpenalty (irrespective of whether thematter was disposed of by an adjudica-tion or by a without prejudice settle-ment) or judgment of convictionwhether entered after trial or a plea,either of guilt or nolo contendere orcivil injunctive relief and involvedstorage, disposal, transport, or otherwaste handling activities.

(v) A list of all companies currentlyowned or operated in the past by theprincipals or key employees identifiedin paragraphs (d)(3)(i) and (d)(3)(ii) ofthis section that are or were directlyor indirectly involved with waste han-dling activities.

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(vi) The owner’s or operator’s esti-mate of maximum PCB waste quantityto be handled at the facility.

(vii) A written statement certifyingcompliance with paragraph (b) or (c) ofthis section and containing a certifi-cation as defined in § 761.3.

(viii) A written closure plan for thefacility, as described in paragraph (e)of this section.

(ix) The current closure cost esti-mate for the facility, as described inparagraph (f) of this section.

(x) A demonstration of financial re-sponsibility to close the facility, as de-scribed in paragraph (g) of this section.

(4) The written approval issued bythe Regional Administrator (or the Di-rector, CMD, if the commercial storagearea is ancillary to a disposal facilityapproved by the Director, CMD) shallinclude, but not be limited to, the fol-lowing:

(i) The determination that the appli-cant has satisfied the requirements setforth in paragraph (d)(2) of this section,and a brief statement setting forth thebasis for the determination.

(ii) Incorporation of the closure plansubmitted by the facility owner or op-erator and approved by the RegionalAdministrator (or the Director, CMD,if the commercial storage area is ancil-lary to a disposal facility approved bythe Director, CMD).

(iii) A condition imposing a maxi-mum PCB storage capacity which thefacility shall not exceed during its PCBwaste storage operations. The maxi-mum storage capacity imposed underthis condition shall not be greater thanthe estimated maximum inventory ofPCB waste included in the owner’s oroperator’s application for final ap-proval.

(iv) Such other conditions as deemednecessary by the Regional Adminis-trator (or the Director, CMD, if thecommercial storage area is ancillary toa disposal facility approved by the Di-rector, CMD) to ensure that the oper-ations of the PCB storage facility willnot pose an unreasonable risk of injuryto health or the environment.

(5) Storage areas at transfer facilitiesare exempt from the requirement toobtain approval as a commercial storerof PCB waste under this paragraph, un-less the same PCB waste is stored at

these facilities for a period of timegreater than 10 consecutive days be-tween destinations.

(6) Storage areas at RCRA-permittedfacilities may be exempt from the sepa-rate TSCA storage approval require-ments in this paragraph (d) upon ashowing to the Regional Administra-tor’s satisfaction that the facility’s ex-isting RCRA closure plan is substan-tially equivalent to this rule’s closureplan standards, and that such facility’sclosure cost estimate and financial as-surance demonstration account formaximum PCB waste inventories, andthe requirements of paragraph (d)(3)(i)through (d)(3)(v) and (d)(3)(vii) of thissection are met. A pay-in period oflonger than 3 years after approval ofthe storage facility pursuant to thisrule, will be acceptable to EPA if thatpay-in period has already been estab-lished for a valid RCRA facility or pre-viously approved TSCA facility.

(7) Storage areas ancillary to TSCA-approved disposal facilities may be ex-empt from a separate facility approvalprovided all of the following conditionsare met:

(i) The current disposal approval con-tains an expiration date.

(ii) The current disposal approval’sclosure and financial responsibilityconditions specifically extend to stor-age areas ancillary to disposal.

(iii) The current disposal approval’sclosure and financial responsibilityconditions provide for annual adjust-ments for inflation, and for modifica-tion when changes in operation wouldaffect closure costs.

(iv) The current disposal approvalcontains conditions on closure and fi-nancial responsibility that are at leastas stringent as those in paragraphs (e)and (g) of this section. However, theprovision for a 3-year closure trustpay-in period, as specified in paragraph(g)(1)(i) of this section, would bewaived in a case in which an approvedTSCA facility or RCRA facility thatcovers PCB storage has a longer pay-inperiod for the trust.

(v) The current disposal approval sat-isfies the requirements of paragraph(d)(3)(i) through (d)(3)(v) of this sec-tion.

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(8) The approval of any existingTSCA-approved disposal facility ancil-lary to a commercial storage facilitythat is deficient in any of the condi-tions of paragraph (d)(7)(i) through(d)(7)(v) of this section shall be calledin by the Regional Administrator orthe Director, CMD, if it was the Direc-tor, CMD who issued it. The approvalshall be modified to meet the require-ments of paragraph (d)(7) of this sec-tion within 180 days of the effectivedate of this final rule, or a separate ap-plication for approval of the storage fa-cility may be submitted to the Re-gional Administrator or the Director,CMD, in the cases where the Director,CMD issued the approval.

(e) Closure. (1) A commercial storer ofPCB waste shall have a written closureplan that identifies the steps that theowner or operator of the facility shalltake to close the PCB waste storage fa-cility in a manner that eliminates thepotential for post-closure releases ofPCBs which may present an unreason-able risk to human health or the envi-ronment. An acceptable closure planmust include, at a minimum, all of thefollowing:

(i) A description of how the PCB stor-age areas of the facility will be closedin a manner that eliminates the poten-tial for post-closure releases of PCBsinto the environment.

(ii) An identification of the maxi-mum extent of storage operations thatwill be open during the active life ofthe facility, including an identificationof the extent of PCB storage operationsat the facility relative to other wastesthat will be handled at the facility.

(iii) An estimate of the maximum in-ventory of PCB wastes that could behandled at one time at the facility overits active life, and a detailed descrip-tion of the methods or arrangements tobe used during closure for removing,transporting, storing, or disposing ofthe facility’s inventory of PCB waste,including an identification of any off-site facilities that will be used.

(iv) A detailed description of thesteps needed to remove or decontami-nate PCB waste residues and contami-nated containment system compo-nents, equipment, structures, and soilsduring closure in accordance with thelevels specified in the PCB Spills

Cleanup Policy in subpart G of thispart, including a description of themethods for sampling and testing ofsurrounding soils, and the criteria fordetermining the extent of removal ordecontamination.

(v) A detailed description of other ac-tivities necessary during the closureperiod to ensure that any post-closurereleases of PCBs will not present un-reasonable risks to human health orthe environment. This includes activi-ties such as ground-water monitoring,run-on and run-off control, and facilitysecurity.

(vi) A schedule for closure of eacharea of the facility where PCB waste isstored or handled, including the totaltime required to close each area of PCBwaste storage or handling, and thetime required for any intervening clo-sure activities.

(vii) An estimate of the expectedyear of closure of the PCB waste stor-age areas, if a trust fund is opted for asthe financial mechanism.

(2) A written closure plan determinedto be acceptable by the Regional Ad-ministrator (or the Director, CMD, ifthe commercial storage area is ancil-lary to a disposal facility approved bythe Director, CMD) under this sectionshall become a condition of any ap-proval granted under paragraph (d) ofthis section.

(3) A separate and new closure planneed not be submitted in cases where afacility is currently covered by a TSCAapproval or a RCRA permit, upon ashowing to the satisfaction of the Re-gional Administrator (or the Director,CMD, if the commercial storage area isancillary to a disposal facility ap-proved by the Director, CMD) that theexisting closure plan is substantiallyequivalent to closure plans requiredunder paragraphs (d) through (g) of thissection, and that the plan adequatelyaccounts for PCB waste inventories.

(4) The commercial storer of PCBwaste shall submit a written request tothe Regional Administrator (or the Di-rector, CMD, if he approved the closureplan) for a modification to its storageapproval to amend its closure plan,whenever:

(i) Changes in ownership, operatingplans, or facility design affect the ex-isting closure plan.

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(ii) There is a change in the expecteddate of closure, if applicable.

(iii) In conducting closure activities,unexpected events require a modifica-tion of the approved closure plan.

(5) The Regional Administrator orthe Director, CMD, if he approved theclosure plan, may modify the existingclosure plan under the conditions de-scribed in paragraph (e)(4) of this sec-tion.

(6) Commercial storers of PCB wasteshall comply with the following closureschedule:

(i) The commercial storer shall no-tify in writing the Regional Adminis-trator or the Director, CMD if he ap-proved the closure plan, at least 60days prior to the date on which finalclosure of its PCB storage facility isexpected to begin.

(ii) The date when a commercial stor-er of PCB waste ‘‘expects to begin clo-sure’’ shall be no later than 30 daysafter the date on which the storage fa-cility received its final quantities ofPCB waste. For good cause shown, theRegional Administrator or the Direc-tor, CMD if he approved the closureplan, may extend the date for com-mencement of closure for an additional30-day period.

(iii) Within 90 days after receivingthe final quantity of PCB waste forstorage, a commercial storer of PCBwaste shall remove all PCB waste instorage at the facility from the facilityin accordance with the approved clo-sure plan. For good cause shown, theRegional Administrator or the Direc-tor, CMD if he approved the closureplan, may approve a reasonable exten-sion to the period for removal of thePCB waste.

(iv) A commercial storer of PCBwaste shall complete closure activitiesin accordance with the approved clo-sure plan and within 180 days after re-ceiving the final quantity of PCB wastefor storage at the facility. For goodcause shown, the Regional Adminis-trator or Director, CMD if he approvedthe closure plan, may approve a rea-sonable extension to the closure period.

(7) During the closure period, all con-taminated system component equip-ment, structures, and soils shall be dis-posed of in accordance with the dis-posal requirements of subpart D of this

part, or, if applicable, decontaminatedin accordance with the levels specifiedin the PCB Spills Cleanup Policy atsubpart G of this part. When PCB wasteis removed from the storage facilityduring closure, the owner or operatorbecomes a generator of PCB waste sub-ject to the generator requirements ofsubpart J of this part.

(8) Within 60 days of completion ofclosure of each facility for the storageof PCB waste, the commercial storer ofPCB waste shall submit to the Re-gional Administrator (or Director,CMD if he approved the closure plan),by registered mail, a certification thatthe PCB storage facility has beenclosed in accordance with the approvedclosure plan. The certification shall besigned by the owner or operator and byan independent registered professionalengineer.

(f) Closure cost estimate. (1) A commer-cial storer of PCB wastes shall have adetailed estimate, in current dollars, ofthe cost of closing the facility in ac-cordance with its approved closureplan. The closure cost estimate shall bein writing, be certified by the personpreparing it (using the certification de-fined in § 761.3) and comply with all ofthe following criteria:

(i) The closure cost estimate shallequal the cost of final closure at thepoint in the PCB storage facility’s ac-tive life when the extent and manner ofPCB storage operations would makeclosure the most expensive, as indi-cated by the facility’s closure plan.

(ii) The closure cost estimate shall bebased on the costs to the owner or op-erator of hiring a third party to closethe facility, and the third party shallnot be either a corporate parent or sub-sidiary of the owner or operator, ormember in joint ownership of the facil-ity.

(iii) The owner or operator shall in-clude in the estimate the current mar-ket costs for off-site commercial dis-posal of the facility’s maximum esti-mated inventory of PCB wastes, exceptthat on-site disposal costs may be usedif on-site disposal capacity will exist atthe facility at all times over the life ofthe PCB storage facility.

(iv) The closure cost estimate maynot incorporate any salvage value thatmay be realized with the sale of wastes,

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facility structures or equipment, land,or other assets associated with the fa-cility at the time of closure.

(2) During the active life of the PCBstorage facility, the commercial storerof PCB waste shall adjust annually forinflation the closure cost estimatewithin 60 days prior to the anniversarydate of the establishment of the finan-cial instruments used to demonstratefinancial responsibility for closure, ex-cept that owners or operators who usethe financial test or corporate guaran-tee shall adjust their closure cost esti-mates for inflation within 30 days afterthe close of the storer’s fiscal year. Theadjustment may be made by recal-culating the maximum costs of closurein current dollars, or by using an infla-tion factor derived from the most re-cent Implicit Price Deflator for GrossNational Product published by the U.S.Department of Commerce in its Surveyof Current Business. The Implicit PriceDeflator for Gross National Product isincluded in a monthly publication ti-tled Economic Indicators, which is avail-able from the Superintendent of Docu-ments, Government Printing Office,Washington, DC 20402. The inflationfactor used in the latter method is theresult of dividing the latest publishedannual Deflator by the Deflator for theprevious year. The adjustment to theclosure cost estimate is then made bymultiplying the most recent closurecost estimate by the latest inflationfactor.

(3) Where the Regional Administrator(or the Director, CMD, if he approvedthe closure plan) approves a modifica-tion to the facility’s closure plan, andthat modification increases the cost ofclosure, the owner or operator shall re-vise the closure cost estimate no laterthan 30 days after the modification isapproved. Any such revision shall alsobe adjusted for inflation in accordancewith paragraph (f)(2) of this section.

(4) The owner or operator of the facil-ity shall keep at the facility during itsoperating life the most recent closurecost estimate, including any adjust-ments resulting from inflation or frommodifications to the closure plan.

(g) Financial assurance for closure. Acommercial storer of PCB waste shallestablish financial assurance for clo-sure of each PCB storage facility that

he owns or operates. In establishing fi-nancial assurance for closure, the com-mercial storer of PCB waste maychoose from the following financial as-surance mechanisms or any combina-tion of mechanisms:

(1) The ‘‘closure trust fund,’’ as speci-fied in § 264.143(a) of this chapter, ex-cept for paragraph (a)(3) of § 264.143. Forpurposes of this paragraph, the follow-ing provisions also apply:

(i) Payments into the trust fund shallbe made annually by the owner or oper-ator over the remaining operating lifeof the facility as estimated in the clo-sure plan, or over 3 years, whicheverperiod is shorter. This period of time ishereafter referred to as the ‘‘pay-in pe-riod.’’ For an existing facility, the firstpayment must be made within 30 cal-endar days after EPA has notified thefacility of its conditional approval. In-terim approval to operate is canceledand the application is denied if EPAdoes not receive verification that thepayment was made in that 30-day pe-riod.

(ii) For a new facility, the first pay-ment into the closure trust fund shallbe made before EPA grants final ap-proval of the application and before thefacility may accept the initial ship-ment of PCB waste for commercialstorage. A receipt from the trusteeshall be submitted by the owner or op-erator to the Regional Administrator(or the Director, CMD, if the commer-cial storage area is ancillary to a dis-posal facility approved by the DirectorCMD) before this initial delivery ofPCB waste. The first payment shall beat least equal to the current closurecost estimate, divided by the number ofyears in the pay-in period, except asprovided in paragraph (g)(7) of this sec-tion for multiple mechanisms. Subse-quent payments shall be made no laterthan 30 days after each anniversarydate of the first payment. The amountof each subsequent payment shall bedetermined by subtracting the currentvalue of the trust fund from the cur-rent closure cost estimate, and divid-ing this difference by the number ofyears remaining in the pay-in period.

(iii) If an owner or operator of a facil-ity existing on the effective date ofthis paragraph establishes a trust fund

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to meet the financial assurance re-quirements of this paragraph, and thevalue of the trust fund is less than thecurrent closure cost estimate when afinal approval is granted for the facil-ity, the amount of the current closurecost estimate still to be paid into thetrust fund shall be paid in over thepay-in period as defined in paragraph(g)(1)(i) of this section. Payments shallcontinue to be made no later than 30days after each anniversary date of thefirst payment made into the trust fund.The amount of each payment shall bedetermined by subtracting the currentvalue of the trust fund from the cur-rent closure cost estimate, and divid-ing this difference by the number ofyears remaining in the pay-in period.

(iv) The submission of a trust agree-ment with the wording specified in§ 264.151(a)(1) of this chapter, includingany reference to hazardous waste man-agement facilities, shall be deemed tobe in compliance with the requirementto submit a trust agreement under thissubpart.

(2) The ‘‘surety bond guaranteeingpayment into a closure trust fund,’’ asspecified in § 264.143(b) of this chapter,including the use of the surety bond in-strument specified at § 264.151(b) of thischapter and the standby trust specifiedat § 264.143(b)(3) of this chapter. The useof the surety bonds, surety bond instru-ments, and standby trust agreementsspecified in § § 264.143(b) and 264.151(b) ofthis chapter shall be deemed to be incompliance with this subpart.

(3)(i) The ‘‘surety bond guaranteeingperformance of closure,’’ as specified at§ 264.143(c) of this chapter, except forparagraph (c)(5) of § 264.143 of this chap-ter. The submission and use of the sur-ety bond instrument specified at§ 264.151(c) of this chapter and thestandby trust specified at § 264.143(c)(3)of this chapter shall be deemed to be incompliance with the requirementsunder this subpart relating to the useof surety bonds and standby trustfunds.

(ii) For the purposes of this para-graph, and under the terms of the bond,the surety shall become liable on thebond obligation when the owner or op-erator fails to perform as guaranteedby the bond. Liability is established bya final administrative determination

pursuant to section 16 of TSCA thatthe owner or operator has failed to per-form final closure in accordance withthe closure plan and other approval orregulatory requirements when requiredto do so.

(4)(i) The ‘‘closure letter of credit’’specified in § 264.143(d) of this chapter,except for paragraph (d)(8). The sub-mission and use of the irrevocable let-ter of credit instrument specified in§ 264.151(d) of this chapter and thestandby trust specified in § 264.143(d)(3)of this chapter shall be deemed to be incompliance with the requirements ofthis subpart relating to the use of let-ters of credit and standby trust funds.

(ii) For the purposes of this para-graph, the Regional Administrator (orthe Director, CMD, if the commercialstorage area is ancillary to a disposalfacility approved by the Director,CMD) may draw on the letter of creditfollowing a final administrative deter-mination pursuant to section 16 ofTSCA that the owner or operator hasfailed to perform final closure in ac-cordance with the closure plan andother approval or regulatory require-ments when required to do so.

(5) ‘‘Closure insurance,’’ as specifiedin § 264.143(e) of this chapter, utilizingthe certificate of insurance for closurespecified at § 264.151(e) of this chapter.The use of closure insurance as speci-fied in § 264.143(e) of this chapter andthe submission and use of the certifi-cate of insurance specified in§ 264.151(e) of this chapter shall bedeemed to be in compliance with therequirements of this subpart relatingto the use of closure insurance.

(6) The ‘‘financial test and corporateguarantee for closure,’’ as described in§ 264.143(f) of this chapter, including aletter signed by the owner’s or opera-tor’s chief financial officer as specifiedat § 264.151(f) of this chapter and, if ap-plicable, the written corporate guaran-tee specified at § 264.151(h) of this chap-ter. The use of the financial test andcorporate guarantee specified in§ 264.143(f) of this chapter, the submis-sion and use of the letter specified in§ 264.151(f) of this chapter, and the sub-mission and use of the written cor-porate guarantee specified at§ 264.151(h) of this chapter shall bedeemed to be in compliance with the

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requirements of this subpart relatingto the use of financial tests and cor-porate guarantees.

(7) The use of multiple financialmechanisms, as specified in § 264.143(g)of this chapter is permitted.

(h) Release of owner or operator. With-in 60 days after receiving certificationsfrom the owner or operator and anindependent registered professional en-gineer that final closure has been com-pleted in accordance with the approvedclosure plan, the Regional Adminis-trator or the Director, CMD, if he ap-proved the closure plan, will notify theowner or operator in writing that theowner or operator is no longer requiredby this section to maintain financialassurance for final closure of the facil-ity, unless the Regional Administratoror the Director, CMD, if he approvedthe closure plan, has reason to believethat final closure has not been com-pleted in accordance with the approvedclosure plan. The Regional Adminis-trator or the Director, CMD, if he ap-proved the closure plan, shall providethe owner or operator with a detailedwritten statement stating the reasonswhy he believed closure was not con-ducted in accordance with the approvedclosure plan.

(i) Laboratories and samples. (1) A lab-oratory is conditionally exempt fromthe notification and approval require-ments for a commercial storer under§ 761.65 (d) through (h) when it storessamples held for disposal in a facilitythat complies with the standards in§ 761.65 (b)(1)(i) through (b)(1)(iv).

(2) A laboratory sample is exemptfrom the manifesting requirements in§ 761.208 when:

(i) The sample is being transported toa laboratory for the purpose of testing.

(ii) The sample is being transportedback to the sample collector after test-ing.

(iii) The sample is being stored bythe sample collector before transportto a laboratory for testing.

(iv) The sample is being stored in alaboratory before testing.

(v) The sample is being stored in alaboratory after testing but before it isreturned to the sample collector.

(vi) The sample is being stored tem-porarily in the laboratory after testingfor a specific purpose (for example,

until conclusion of a court case or en-forcement action where further testingof the sample may be necessary).

(3) In order to qualify for the exemp-tion in paragraph (i)(2)(i) and (i)(2)(ii)of this section, a sample collector ship-ping samples to a laboratory and a lab-oratory returning samples to a samplecollector must:

(i) Comply with applicable U.S. De-partment of Transportation (DOT) orU.S. Postal Service (USPS) shipping re-quirements, found respectively in 49CFR 173.345 and U.S. Postal Regula-tions 652.2 and 652.3.

(ii) Assure that the following infor-mation accompanies the sample:

(A) The sample collector’s name,mailing address, and telephone num-ber.

(B) The laboratory’s name, mailingaddress, 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 fromits packaging.

(4) When the concentration of thePCB sample has been determined, andits use is terminated, the sample mustbe properly disposed. A laboratorymust either manifest the PCB waste toa disposer or commercial storer, as re-quired under § 761.208, retain a copy ofeach manifest, as required under§ 761.209, and follow up on exception re-porting, as required under § 761.215 (a)and (b), or return the sample to thesample collector who must then prop-erly dispose of the sample. If the lab-oratory returns the sample to the sam-ple collector, the laboratory must com-ply with the shipping requirements setforth in paragraph (i)(3)(i) through(i)(3)(iii) of this section.

(j) States and the Federal Government.States and the Federal Government areexempt from the requirements of para-graphs (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 47FR 19527, May 6, 1982, and amended at 47 FR37359, 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, June27, 1990; 58 FR 15809, Mar. 24, 1993; 58 FR 34205,June 23, 1993; 58 FR 59374, Nov. 9, 1993]

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40 CFR Ch. I (7–1–97 Edition)§ 761.70

§ 761.70 Incineration.

This section applies to facilities usedto incinerate PCBs required to be in-cinerated by this part.

(a) Liquid PCBs. An incinerator usedfor incinerating PCBs shall be approvedby an EPA Regional Administrator orthe Director, Chemical ManagementDivision pursuant to paragraph (d) ofthis section. Requests for approval ofincinerators to be used in more thanone region must be submitted to theDirector, Chemical Management Divi-sion, except for research and develop-ment involving less than 500 pounds ofPCB material (see § 761.60(i)(2)). Re-quests for approval of incinerators tobe used in only one region must be sub-mitted to the appropriate Regional Ad-ministrator. The incinerator shallmeet all of the requirements specifiedin paragraphs (a) (1) through (9) of thissection, unless a waiver from these re-quirements is obtained pursuant toparagraph (d)(5) of this section. In addi-tion, the incinerator shall meet anyother requirements which may be pre-scribed pursuant to paragraph (d)(4) ofthis section.

(1) Combustion criteria shall be ei-ther of the following:

(i) Maintenance of the introduced liq-uids for a 2-second dwell time at1200°C(±100°C) and 3 percent excess oxy-gen in the stack gas; or

(ii) Maintenance of the introducedliquids for a 11⁄2 second dwell time at1600°C(±100°C) and 2 percent excess oxy-gen in the stack gas.

(2) Combustion efficiency shall be atleast 99.9 percent computed as follows:

Combustion efficiency=[Cco2/(Cco2+Cco)]100

whereCco2=Concentration of carbon dioxide.Cco=Concentration of carbon monoxide.

(3) The rate and quantity of PCBswhich are fed to the combustion sys-tem shall be measured and recorded atregular intervals of no longer than 15minutes.

(4) The temperatures of the inciner-ation process shall be continuouslymeasured and recorded. The combus-tion temperature of the incinerationprocess shall be based on either direct(pyrometer) or indirect (wall thermo-

couple-pyrometer correlation) tem-perature readings.

(5) The flow of PCBs to the inciner-ator shall stop automatically wheneverthe combustion temperature dropsbelow the temperatures specified inparagraph (a)(1) of this section.

(6) Monitoring of stack emissionproducts shall be conducted:

(i) When an incinerator is first usedfor the disposal of PCBs under the pro-visions of this regulation;

(ii) When an incinerator is first usedfor the disposal of PCBs after the incin-erator has been modified in a mannerwhich may affect the characteristics ofthe stack emission products; and

(iii) At a minimum such monitoringshall be conducted for the following pa-rameters:

(a) O2; (b) CO; (c) CO2; (d) Oxides ofNitrogen (NOx); (e) Hydrochloric Acid(HCl); (f) Total Chlorinated OrganicContent (RCl); (g) PCBs; and (h) TotalParticulate Matter.

(7) At a minimum monitoring and re-cording of combustion products and in-cineration operations shall be con-ducted for the following parameterswhenever the incinerator is incinerat-ing PCBs:

(i) O2; (ii) CO; and (iii) CO2. The mon-itoring for O2 and CO shall be continu-ous. The monitoring for CO2 shall beperiodic, at a frequency specified bythe Regional Administrator or Direc-tor, Chemical Management Division.

(8) The flow of PCBs to the inciner-ator shall stop automatically when anyone or more of the following conditionsoccur, unless a contingency plan is sub-mitted by the incinerator owner or op-erator and approved by the RegionalAdministrator or Director, ChemicalManagement Division. The contin-gency plan indicates what alternativemeasures the incinerator owner or op-erator would take if any of the follow-ing conditions occur:

(i) Failure of monitoring operationsspecified in paragraph (a)(7) of this sec-tion;

(ii) Failure of the PCB rate and quan-tity measuring and recording equip-ment specified in paragraph (a)(3) ofthis section; or

(iii) Excess oxygen falls below thepercentage specified in paragraph (a)(1)of this section.

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(9) Water scrubbers shall be used forHCl control during PCB incinerationand shall meet any performance re-quirements specified by the appro-priate EPA Regional Administrator orthe Director, Chemical ManagementDivision. Scrubber effluent shall bemonitored and shall comply with appli-cable effluent or pretreatment stand-ards, and any other State and Federallaws and regulations. An alternatemethod of HCl control may be used ifthe alternate method has been ap-proved by the Regional Administratoror the Director, Chemical ManagementDivision. (The HCl neutralizing capa-bility of cement kilns is considered tobe an alternate method.)

(b) Nonliquid PCBs. An incineratorused for incinerating nonliquid PCBs,PCB Articles, PCB Equipment, or PCBContainers shall be approved by the ap-propriate EPA Regional Administratoror the Director, Chemical ManagementDivision pursuant to paragraph (d) ofthis section. Requests for approval ofincinerators to be used in more thanone region must be submitted to theDirector, Chemical Management Divi-sion, except for research and develop-ment involving less than 500 pounds ofPCB material (see § 761.60(i)(2)). Re-quests for approval of incinerators tobe used in only one region must be sub-mitted to the appropriate Regional Ad-ministrator. The incinerator shallmeet all of the requirements specifiedin paragraphs (b)(1) and (2) of this sec-tion unless a waiver from these re-quirements is obtained pursuant toparagraph (d)(5) of this section. In addi-tion, the incinerator shall meet anyother requirements that may be pre-scribed pursuant to paragraph (d)(4) ofthis section.

(1) The mass air emissions from theincinerator shall be no greater than0.001g PCB/kg of the PCB introducedinto the incinerator.

(2) The incinerator shall comply withthe provisions of paragraphs (a)(2), (3),(4), (6), (7), (8)(i) and (ii), and (9) of thissection.

(c) Maintenance of data and records.All data and records required by thissection shall be maintained in accord-ance with § 761.180, Records and mon-itoring.

(d) Approval of incinerators. Prior tothe incineration of PCBs and PCBItems the owner or operator of an in-cinerator shall receive the written ap-proval of the Agency Regional Admin-istrator for the region in which the in-cinerator is located, or the Director,Chemical Management Division. Ap-proval from the Director, ChemicalManagement Division may be effectivein all ten EPA regions. Such approvalshall be obtained in the following man-ner:

(1) Application. The owner or operatorshall submit to the Regional Adminis-trator or the Director, Chemical Man-agement Division an application whichcontains:

(i) The location of the incinerator;(ii) A detailed description of the in-

cinerator including general site plansand design drawings of the incinerator;

(iii) Engineering reports or other in-formation on the anticipated perform-ance of the incinerator;

(iv) Sampling and monitoring equip-ment and facilities available;

(v) Waste volumes expected to be in-cinerated;

(vi) Any local, State, or Federal per-mits or approvals; and

(vii) Schedules and plans for comply-ing with the approval requirements ofthis regulation.

(2) Trial burn. (i) Following receipt ofthe application described in paragraph(d)(1) of this section, the Regional Ad-ministrator or the Director, ChemicalManagement Division shall determineif a trial burn is required and notifythe person who submitted the reportwhether a trial burn of PCBs and PCBItems must be conducted. The RegionalAdministrator or the Director, Chemi-cal Management Division may requirethe submission of any other informa-tion that the Regional Administratoror the Director, Chemical ManagementDivision finds to be reasonably nec-essary to determine the need for a trialburn. Such other information shall berestricted to the types of informationrequired in paragraphs (d)(1)(i) through(vii) of this section.

(ii) If the Regional Administrator orthe Director, Chemical ManagementDivision determines that a trial burnmust be held, the person who submit-ted the report described in paragraph

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40 CFR Ch. I (7–1–97 Edition)§ 761.70

(d)(1) of this section shall submit to theRegional Administrator or the Direc-tor, Chemical Management Division adetailed plan for conducting and mon-itoring the trial burn. At a minimum,the plan must include:

(A) Date trial burn is to be con-ducted;

(B) Quantity and type of PCBs andPCB Items to be incinerated;

(C) Parameters to be monitored andlocation of sampling points;

(D) Sampling frequency and methodsand schedules for sample analyses; and

(E) Name, address, and qualificationsof persons who will review analyticalresults and other pertinent data, andwho will perform a technical evalua-tion of the effectiveness of the trialburn.

(iii) Following receipt of the plan de-scribed in paragraph (d)(2)(ii) of thissection, the Regional Administrator orthe Director, Chemical ManagementDivision will approve the plan, requireadditions or modifications to the plan,or disapprove the plan. If the plan isdisapproved, the Regional Adminis-trator or the Director, Chemical Man-agement Division will notify the per-son who submitted the plan of such dis-approval, together with the reasonswhy it is disapproved. That person maythereafter submit a new plan in accord-ance with paragraph (d)(2)(ii) of thissection. If the plan is approved (withany additions or modifications whichthe Regional Administrator or the Di-rector, Chemical Management Divisionmay prescribe), the Regional Adminis-trator or the Director, Chemical Man-agement Division will notify the per-son who submitted the plan of the ap-proval. Thereafter, the trial burn shalltake place at a date and time to beagreed upon between the Regional Ad-ministrator or the Director, ChemicalManagement Division and the personwho submitted the plan.

(3) Other information. In addition tothe information contained in the re-port and plan described in paragraphs(d)(1) and (2) of this section, the Re-gional Administrator or the AssistantAdministrator for Prevention, Pes-ticides and Toxic Substances may re-quire the owner or operator to submitany other information that the Re-gional Administrator or the Assistant

Administrator for Prevention, Pes-ticides and Toxic Substances finds tobe reasonably necessary to determinewhether an incinerator shall be ap-proved.

NOTE: The Regional Administrator willhave available for review and inspection anAgency manual containing information onsampling methods and analytical proceduresfor the parameters required in § 761.70(a) (3),(4), (6), and (7) plus any other parameters he/she may determine to be appropriate. Ownersor operators are encouraged to review thismanual prior to submitting any report re-quired in § 761.70.

(4) Contents of approval. (i) Except asprovided in paragraph (d)(5) of this sec-tion, the Regional Administrator orthe Director, Chemical ManagementDivision may not approve an inciner-ator for the disposal of PCBs and PCBItems unless he finds that the inciner-ator meets all of the requirements ofparagraphs (a) and/or (b) of this sec-tion.

(ii) In addition to the requirements ofparagraphs (a) and/or (b) of this sec-tion, the Regional Administrator orthe Director, Chemical ManagementDivision may include in an approvalany other requirements that the Re-gional Administrator or the Director,Chemical Management Division findsare necessary to ensure that operationof the incinerator does not present anunreasonable risk of injury to healthor the environment from PCBs. Suchrequirements may include a fixed pe-riod of time for which the approval isvalid.

(5) Waivers. An owner or operator ofthe incinerator may submit evidence tothe Regional Administrator or the Di-rector, Chemical Management Divisionthat operation of the incinerator willnot present an unreasonable risk of in-jury to health or the enviroment fromPCBs, when one or more of the require-ments of paragraphs (a) and/or (b) ofthis section are not met. On the basisof such evidence and any other avail-able information, the Regional Admin-istrator or the Director, ChemicalManagement Division may in his/herdiscretion find that any requirement ofparagraphs (a) and (b) of this section isnot necessary to protect against such arisk, and may waive the requirementsin any approval for that incinerator.

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Any finding and waiver under thisparagraph must be stated in writingand included as part of the approval.

(6) Persons approved. An approval willdesignate the persons who own and whoare authorized to operate the inciner-ator, and will apply only to such per-sons, except as provided in paragraph(d)(8) of this section.

(7) Final approval. Approval of an in-cinerator will be in writing and signedby the Regional Administrator or theDirector, Chemical Management Divi-sion. The approval will state all re-quirements applicable to the approvedincinerator.

(8) Transfer of property. Any personwho owns or operates an approved in-cinerator must notify EPA at least 30days before transferring ownership inthe incinerator or the property itstands upon, or transferring the rightto operate the incinerator. The trans-feror must also submit to EPA, at least30 days before such transfer, a nota-rized affidavit signed by the transfereewhich states that the transferee willabide by the transferor’s EPA inciner-ator approval. Within 30 days of receiv-ing such notification and affidavit,EPA will issue an amended approvalsubstituting the transferee’s name forthe transferor’s name, or EPA may re-quire the transferee to apply for a newincinerator approval. In the lattercase, the transferee must abide by thetransferor’s EPA approval until EPAissues the new approval to the trans-feree.

(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.2605)[44 FR 31542, May 31, 1979. Redesignated at 47FR 19527, May 6, 1982, and amended at 48 FR13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984;53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24,1993]

§ 761.75 Chemical waste landfills.This section applies to facilities used

to dispose of PCBs in accordance withthe part.

(a) General. A chemical waste landfillused for the disposal of PCBs and PCBItems shall be approved by the AgencyRegional Administrator pursuant toparagraph (c) of this section. The land-fill shall meet all of the requirementsspecified in paragraph (b) of this sec-tion, unless a waiver from these re-

quirements is obtained pursuant toparagraph (c)(4) of this section. In addi-tion, the landfill shall meet any otherrequirements that may be prescribedpursuant to paragraph (c)(3) of this sec-tion.

(b) Technical requirements. Require-ments for chemical waste landfills usedfor the disposal of PCBs and PCB Itemsare as follows:

(1) Soils. The landfill site shall be lo-cated in thick, relatively impermeableformations such as large-area claypans. Where this is not possible, thesoil shall have a high clay and silt con-tent with the following parameters:

(i) In-place soil thickness, 4 feet orcompacted soil liner thickness, 3 feet;

(ii) Permeability (cm/sec), equal to orless than 1×10¥7;

(iii) Percent soil passing No. 200Sieve, >30;

(iv) Liquid Limit, >30; and(v) Plasticity Index >15.(2) Synthetic membrane liners. Syn-

thetic membrane liners shall be usedwhen, in the judgment of the RegionalAdministrator, the hydrologic or geo-logic conditions at the landfill requiresuch a liner in order to provide at leasta permeability equivalent to the soilsin paragraph (b)(1) of this section.Whenever a synthetic liner is used at alandfill site, special precautions shallbe taken to insure that its integrity ismaintained and that it is chemicallycompatible with PCBs. Adequate soilunderlining and soil cover shall be pro-vided to prevent excessive stress on theliner and to prevent rupture of theliner. The liner must have a minimumthickness of 30 mils.

(3) Hydrologic conditions. The bottomof the landfill shall be above the histor-ical high groundwater table as providedbelow. Floodplains, shorelands, andgroundwater recharge areas shall beavoided. There shall be no hydraulicconnection between the site and stand-ing or flowing surface water. The siteshall have monitoring wells and leach-ate collection. The bottom of the land-fill liner system or natural in-placesoil barrier shall be at least fifty feetfrom the historical high water table.

(4) Flood protection. (i) If the landfillsite is below the 100-year floodwaterelevation, the operator shall providesurface water diversion dikes around

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40 CFR Ch. I (7–1–97 Edition)§ 761.75

the perimeter of the landfill site with aminimum height equal to two feetabove the 100-year floodwater ele-vation.

(ii) If the landfill site is above the100-year floodwater elevation, the oper-ators shall provide diversion structurescapable of diverting all of the surfacewater runoff from a 24-hour, 25-yearstorm.

(5) Topography. The landfill site shallbe located in an area of low to mod-erate relief to minimize erosion and tohelp prevent landslides or slumping.

(6) Monitoring systems—(i) Water sam-pling. (A) For all sites receiving PCBs,the ground and surface water from thedisposal site area shall be sampledprior to commencing operations underan approval provided in paragraph (c)of this section for use as baseline data.

(B) Any surface watercourse des-ignated by the Regional Administratorusing the authority provided in para-graph (c)(3)(ii) of this section shall besampled at least monthly when thelandfill is being used for disposal oper-ations.

(C) Any surface watercourse des-ignated by the Regional Administratorusing the authority provided in para-graph (c)(3)(ii) of this section shall besampled for a time period specified bythe Regional Administrator on a fre-quency of no less than once every sixmonths after final closure of the dis-posal area.

(ii) Groundwater monitor wells. (A) Ifunderlying earth materials are homog-enous, impermeable, and uniformlysloping in one direction, only threesampling points shall be necessary.These three points shall be equallyspaced on a line through the center ofthe disposal area and extending fromthe area of highest water table ele-vation to the area of the lowest watertable elevation on the property.

(B) All monitor wells shall be casedand the annular space between themonitor zone (zone of saturation) andthe surface shall be completelybackfilled with Portland cement or anequivalent material and plugged withPortland cement to effectively preventpercolation of surface water into thewell bore. The well opening at the sur-face shall have a removable cap to pro-vide access and to prevent entrance of

rainfall or stormwater runoff. The wellshall be pumped to remove the volumeof liquid initially contained in the wellbefore obtaining a sample for analysis.The discharge shall be treated to meetapplicable State or Federal dischargestandards or recycled to the chemicalwaste landfill.

(iii) Water analysis. As a minimum,all samples shall be analyzed for thefollowing parameters, and all data andrecords of the sampling and analysisshall be maintained as required in§ 761.180(d)(1). Sampling methods andanalytical procedures for these param-eters shall comply with those specifiedin 40 CFR part 136 as amended in 41 FR52779 on December 1, 1976.

(A) PCBs.(B) pH.(C) Specific conductance.(D) Chlorinated organics.(7) Leachate collection. A leachate col-

lection monitoring system shall be in-stalled above the chemical waste land-fill. Leachate collection systems shallbe monitored monthly for quantity andphysicochemical characteristics ofleachate produced. The leachate shouldbe either treated to acceptable limitsfor discharge in accordance with aState or Federal permit or disposed ofby another State or Federally approvedmethod. Water analysis shall be con-ducted as provided in paragraph(b)(6)(iii) of this section. Acceptableleachate monitoring/collection systemsshall be any of the following designs,unless a waiver is obtained pursuant toparagraph (c)(4) of this section.

(i) Simple leachate collection. This sys-tem consists of a gravity flowdrainfield installed above the wastedisposal facility liner. This design isrecommended for use when semi-solidor leachable solid wastes are placed ina lined pit excavated into a relativelythick, unsaturated, homogenous layerof low permeability soil.

(ii) Compound leachate collection. Thissystem consists of a gravity flowdrainfield installed above the wastedisposal facility liner and above a sec-ondary installed liner. This design isrecommended for use when semi-liquidor leachable solid wastes are placed ina lined pit excavated into relativelypermeable soil.

539


(iii) Suction lysimeters. This systemconsists of a network of porous ceramiccups connected by hoses/tubing to avacuum pump. The porous ceramiccups or suction lysimeters are installedalong the sides and under the bottomof the waste disposal facility liner.This type of system works best wheninstalled in a relatively permeable un-saturated soil immediately adjacent tothe bottom and/or sides of the disposalfacility.

(8) Chemical waste landfill operations.(i) PCBs and PCB Items shall be placedin a landfill in a manner that will pre-vent damage to containers or articles.Other wastes placed in the landfill thatare not chemically compatible withPCBs and PCB Items including organicsolvents shall be segregated from thePCBs throughout the waste handlingand disposal process.

(ii) An operation plan shall be devel-oped and submitted to the RegionalAdministrator for approval as requiredin paragraph (c) of this section. Thisplan shall include detailed expla-nations of the procedures to be used forrecordkeeping, surface water handlingprocedures, excavation and backfilling,waste segregation burial coordinates,vehicle and equipment movement, useof roadways, leachate collection sys-tems, sampling and monitoring proce-dures, monitoring wells, environmentalemergency contingency plans, and se-curity measures to protect againstvandalism and unauthorized wasteplacements. EPA guidelines entitled‘‘Thermal Processing and Land Dis-posal of Solid Waste’’ (39 FR 29337, Aug.14, 1974) are a useful reference in prepa-ration of this plan. If the facility is tobe used to dispose of liquid wastes con-taining between 50 ppm and 500 ppmPCB, the operations plan must includeprocedures to determine that liquidPCBs to be disposed of at the landfilldo not exceed 500 ppm PCB and meas-ures to prevent the migration of PCBsfrom the landfill. Bulk liquids not ex-ceeding 500 ppm PCBs may be disposedof provided such waste is pretreatedand/or stabilized (e.g., chemicallyfixed, evaporated, mixed with dry inertabsorbant) to reduce its liquid contentor increase its solid content so that anon-flowing consistency is achieved toeliminate the presence of free liquids

prior to final disposal in a landfill. PCBContainer of liquid PCBs with a con-centration between 50 and 500 ppm PCBmay be disposed of if each container issurrounded by an amount of inertsorbant material capable of absorbingall of the liquid contents of the con-tainer.

(iii) Ignitable wastes shall not be dis-posed of in chemical waste landfills.Liquid ignitable wastes are wastes thathave a flash point less than 60 degreesC (140 degrees F) as determined by thefollowing method or an equivalentmethod: Flash point of liquids shall bedetermined by a Pensky-MartensClosed Cup Tester, using the protocolspecified in ASTM D 93–90, or theSetaflash Closed Tester using the pro-tocol specified in ASTM Standard D–3278–89.

(iv) Records shall be maintained forall PCB disposal operations and shallinclude information on the PCB con-centration in liquid wastes and thethree dimensional burial coordinatesfor PCBs and PCB Items. Additionalrecords shall be developed and main-tained as required in § 761.180.

(9) Supporting facilities. (i) A six footwoven mesh fence, wall, or similar de-vice shall be placed around the site toprevent unauthorized persons and ani-mals from entering.

(ii) Roads shall be maintained to andwithin the site which are adequate tosupport the operation and maintenanceof the site without causing safety ornuisance problems or hazardous condi-tions.

(iii) The site shall be operated andmaintained in a manner to preventsafety problems or hazardous condi-tions resulting from spilled liquids andwindblown materials.

(c) Approval of chemical waste landfills.Prior to the disposal of any PCBs andPCB Items in a chemical waste landfill,the owner or operator of the landfillshall receive written approval of theAgency Regional Administrator for theRegion in which the landfill is located.The approval shall be obtained in thefollowing manner:

(1) Initial report. The owner or opera-tor shall submit to the Regional Ad-ministrator an initial report whichcontains:

(i) The location of the landfill;

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40 CFR Ch. I (7–1–97 Edition)§ 761.75

(ii) A detailed description of thelandfill including general site plansand design drawings;

(iii) An engineering report describingthe manner is which the landfill com-plies with the requirements for chemi-cal waste landfills specified in para-graph (b) of this section;

(iv) Sampling and monitoring equip-ment and facilities available;

(v) Expected waste volumes of PCBs;(vi) General description of waste ma-

terials other than PCBs that are ex-pected to be disposed of in the landfill;

(vii) Landfill operations plan as re-quired in paragraph (b) of this section;

(viii) Any local, State, or Federalpermits or approvals; and

(ix) Any schedules or plans for com-plying with the approval requirementsof these regulations.

(2) Other information. In addition tothe information contained in the re-port described in paragraph (c)(1) ofthis section, the Regional Adminis-trator may require the owner or opera-tor to submit any other informationthat the Regional Administrator findsto be reasonably necessary to deter-mine whether a chemical waste landfillshould be approved. Such other infor-mation shall be restricted to the typesof information required in paragraphs(c)(1) (i) through (ix) of this section.

(3) Contents of approval. (i) Except asprovided in paragraph (c)(4) of this sec-tion the Regional Administrator maynot approve a chemical waste landfillfor the disposal of PCBs and PCBItems, unless he finds that the landfillmeets all of the requirements of para-graph (b) of this section.

(ii) In addition to the requirements ofparagraph (b) of this section, the Re-gional Administrator may include inan approval any other requirements orprovisions that the Regional Adminis-trator finds are necessary to ensurethat operation of the chemical wastelandfill does not present an unreason-able risk of injury to health or the en-vironment from PCBs. Such provisionsmay include a fixed period of time forwhich the approval is valid.

The approval may also include a stipu-lation that the operator of the chemi-cal waste landfill report to the Re-gional Administrator any instancewhen PCBs are detectable during mon-

itoring activities conducted pursuantto paragraph (b)(6) of this section.

(4) Waivers. An owner or operator of achemical waste landfill may submitevidence to the Regional Adminis-trator that operation of the landfillwill not present an unreasonable riskof injury to health or the environmentfrom PCBs when one or more of the re-quirements of paragraph (b) of this sec-tion are not met. On the basis of suchevidence and any other available infor-mation, the Regional Administratormay in his discretion find that one ormore of the requirements of paragraph(b) of this section is not necessary toprotect against such a risk and maywaive the requirements in any ap-proval for that landfill. Any findingand waiver under this paragraph willbe stated in writing and included aspart of the approval.

(5) Persons approved. Any approvalwill designate the persons who own andwho are authorized to operate thechemical waste landfill, and will applyonly to such persons, except as pro-vided by paragraph (c)(7) of this sec-tion.

(6) Final approval. Approval of achemical waste landfill will be in writ-ing and will be signed by the RegionalAdministrator. The approval will stateall requirements applicable to the ap-proved landfill.

(7) Transfer of property. Any personwho owns or operates an approvedchemical waste landfill must notifyEPA at least 30 days before transfer-ring ownership in the property ortransferring the right to conduct thechemical waste landfill operation. Thetransferor must also submit to EPA, atleast 30 days before such transfer, a no-tarized affidavit signed by the trans-feree which states that the transfereewill abide by the transferor’s EPAchemical waste landfill approval. With-in 30 days of receiving such notifica-tion and affidavit, EPA will issue anamended approval substituting thetransferee’s name for the transferor’sname, or EPA may require the trans-feree to apply for a new chemical wastelandfill approval. In the latter case, the

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transferee must abide by the transfer-or’s EPA approval until EPA issues thenew 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 47FR 19527, May 6, 1982, and amended at 48 FR5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53FR 12524, Apr. 15, 1988; 53 FR 21641, June 9,1988; 57 FR 13323, Apr. 16, 1992]

§ 761.79 Decontamination.

(a) Any PCB Container to be decon-taminated shall be decontaminated byflushing the internal surfaces of thecontainer three times with a solventcontaining less than 50 ppm PCB. Thesolubility of PCBs in the solvent mustbe five percent or more by weight.Each rinse shall use a volume of thenormal diluent equal to approximatelyten (10) percent of the PCB Containercapacity. The solvent may be reusedfor decontamination until it contains50 ppm PCB. The solvent shall then bedisposed of as a PCB in accordancewith § 761.60(a). Non-liquid PCBs result-ing from the decontamination proce-dures shall be disposed of in accordancewith the provisions of § 761.60(a)(4).

(b) Movable equipment used in stor-age areas shall be decontaminated byswabbing surfaces that have contactedPCBs with a solvent meeting the cri-teria of paragraph (a) of this section.

NOTE: Precautionary measures should betaken to ensure that the solvent meets safe-ty and health standards as required by appli-cable Federal regulations.

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

Subpart E—Exemptions

§ 761.80 Manufacturing, processingand distribution in commerce ex-emptions.

(a) The Administrator grants the fol-lowing petitioner(s) an exemption for 1year to process and distribute in com-merce PCBs for use as a mounting me-dium in microscopy:

(1) McCrone Accessories Components,Division of Walter C. McCrone Associ-ates, Inc., 2820 South Michigan Avenue,Chicago, IL. 60616.

(2) [Reserved]

(b) The Administrator grants the fol-lowing petitioner(s) an exemption for 1year to process and distribute in com-merce PCBs for use as a mounting me-dium in microscopy, an immersion oilin low fluorescence microscopy and anoptical liquid:

(1) R.P. Cargille Laboratories, Inc., 55Commerce Road, Cedar Grove, N.J.07009.

(2) [Reserved](c) The Administrator grants the fol-

lowing petitioner(s) an exemption for 1year to export PCBs for use in smallquantities for research and develop-ment:

(1) Accu-Standard, New Haven, CT.06503.

(2) ManTech, Research TrianglePark, NC 27709.

(d) The Administrator grants the fol-lowing petitioner(s) an exemption for 1year to import (manufacture) into theUnited States, small quantities of ex-isting PCB fluids from electrical equip-ment for analysis:

(1) Unison Transformer Services,Inc., Tarrytown, N.Y. 10591, providedeach of the following conditions aremet:

(i) The samples must be shipped in 5.0ml or less, hermetically sealed vials.

(ii) The exemption is limited to nomore than 250 total samples per year.

(iii) Unison makes quarterly inspec-tions of its laboratories to ensure thatproper safety procedures are being fol-lowed.

(iv) Unison annually notifies and de-scribes to EPA its attempts to havesamples analyzed abroad.

(2) [Reserved](e) [Reserved](f) The Administrator grants the fol-

lowing petitioner(s) an exemption for 1year to manufacture PCBs for use insmall quantities for research and de-velopment:

(1) California Bionuclear Corp., SunValley, CA 91352 (ME–13).

(2) Foxboro Co., North Haven, CT06473 (ME–6).

(3) ULTRA-Scientific, Inc.,Hope, RI02831 (ME–99.1).

(4) Midwest Research Institute, Kan-sas City, MO 64110 (ME–70.1).

(5) Pathfinder Laboratories, St.Louis, MO 63146 (A division of Sigma

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Aldridge Corporation, St. Louis, MO,63178 (ME–76).

(6) Radian Corp., Austin, TX 78766(ME–81.2).

(7) Wellington Sciences USA, CollegeStation, TX 77840 (ME–104.1).

(8) Accu-Standard, 25 Science Park,New Haven, CT. 06503.

(g) The Administrator grants a classexemption to all processors and dis-tributors of PCBs in small quantitiesfor research and development providedthat the following conditions are met:

(1) All processors and distributorsmust maintain records of their PCB ac-tivities for a period of 5 years.

(2) Any person or company which ex-pects to process or distribute in com-merce 100 grams (.22 lb) or more PCBsin 1 year must report to EPA identify-ing the sites of PCB activities and thequantity of PCBs to be processed ordistributed in commerce.

(h) The Administrator grants the fol-lowing petitioners an exemption for 1year to process and distribute in com-merce PCBs for analytical referencesamples derived from actual waste ma-terials:

(1) R.T. Corporation, Laramie, WY82070.

(2) [Reserved](i)–(l) [Reserved](m) The Administrator grants the

following petitioner(s) an exemptionfor 1 year to process and export smallquantities of PCBs for research and de-velopment:

(1) Chem Service, Inc., West Chester,PA 19380 (PDE–41).

(2) Foxboro Co., North Haven, CT06473 (ME–6).

(3) PolyScience Corp., Niles, IL 60648(PDE–178).

(4) ULTRA-Scientific, Inc., Hope, RI02831 (PDE–282.1).

(5) Supelco, Inc., Bellefonte, PA16823–0048 (PDE–41.2).

(6) Radian Corp., Austin, TX 78766(PDE–182.1).

(7) Restek Corporation, Bellefonte,PA

(n) The 1–year exemption granted topetitioners in paragraphs (a) through(c)(1), (d), (f), and (m)(1) through (m)(6)of this section shall be renewed auto-matically as long as there is no in-crease in the amount of PCBs to beprocessed and distributed, imported

(manufactured), or exported, nor anychange in the manner of processing anddistributing, importing (manufactur-ing), or exporting of PCBs. If there issuch a change, a new exemption peti-tion must be submitted to EPA and itwill be addressed through an exemptionrulemaking. In such a case, the activi-ties granted under the existing exemp-tion may continue until the new peti-tion is addressed by rulemaking, butmust conform to the terms of the exist-ing exemption approved by EPA. The 1–year exemption granted to petitionersin paragraphs (c)(2), (h) and (m)(7) ofthis section may be extended pursuantto 40 CFR 750.11(e) or 750.31(e).

(o) The 1–year class exemption grant-ed to all processors and distributors ofPCBs in small quantities for researchand development in paragraph (g) ofthis section shall be renewed automati-cally unless information is submittedaffecting EPA’s conclusion that theclass exemption, or the activities ofany individual or company included inthe exemption, will not pose an unrea-sonable risk of injury to health or theenvironment. EPA will evaluate the in-formation, issue a proposed rule forpublic comment, and issue a final ruleaffecting the class exemption or indi-viduals or companies included in theclass exemption. Until EPA issues afinal rule, individuals and companiesincluded in the class exemption will beallowed to continue processing and dis-tributing PCBs in small quantities forresearch and development.

[55 FR 38999, Sept. 24, 1990, as amended at 59FR 16998, Apr. 11, 1994]

Subpart F—TransboundaryShipments of PCBs for Disposal

SOURCE: 61 FR 11107, Mar. 18, 1996, unlessotherwise noted.

§ 761.91 Applicability.

This subpart establishes require-ments under section 6 of TSCA applica-ble to the transboundary shipments ofPCBs and PCB Items into and out ofthe United States for disposal. Nothingin this subpart is intended to obviateor otherwise alter obligations applica-ble to imported or exported PCBs and

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PCB Items under foreign laws, inter-national agreements or arrangements,other United States statutes and regu-lations, other sections of TSCA (e.g.,sections 13 and 14), or laws of the var-ious States of the United States. Noprovision of this section shall be con-strued to affect or limit the applicabil-ity of any requirement applicable totransporters of PCB waste under regu-lations issued by the U.S. Departmentof Transportation (DOT) and set forthat 49 CFR parts 171-180.

§ 761.93 Import for disposal.(a) General provisions. (1) No person

may import PCBs or PCB Items for dis-posal without an exemption, exceptthat:

(i) PCBs and PCB Items at concentra-tions less than 50 ppm may be importedfor disposal.

(ii) PCBs and PCB Items at con-centrations of 50 ppm or greater maybe imported from United States terri-tories or possessions outside the cus-toms territory of the United Statesinto the customs territory of the Unit-ed States for disposal.

(iii) PCBs and PCB Items at con-centrations of 50 ppm or greater, otherthan those described in paragraph(a)(1)(ii), may be imported for disposalpursuant to paragraph (b) of this sec-tion.

(iv) PCBs and PCB Items at con-centrations of 50 ppm or greater maybe imported for analysis and disposalpursuant to paragraph (c) of this sec-tion.

(v) PCBs and PCB Items at con-centrations of 50 ppm or greater maybe imported for evaluation of disposaltechnologies for PCB waste pursuant toparagraph (d) of this section.

(2) For purposes of paragraph (a)(1) ofthis section, PCBs and PCB Items ofunknown concentrations shall be treat-ed as if they contain 50 ppm or greater.

(3) All imports of PCBs and PCBItems at any concentration under para-graph (a)(1) of this section must be incompliance with all internationalagreements or arrangements that theUnited States has entered into applica-ble to PCB waste imports. The UnitedStates retains the authority to dis-allow any PCB waste import not incompliance with these agreements or

arrangements, or other internationalobligations of the United States.

(b) PCBs and PCB Items. PCBs andPCB Items at concentrations of 50 ppmor greater may be imported for disposalunder paragraph (a)(1)(iii) of this sec-tion only by a person who is an ap-proved commercial storer or disposerunder subpart D of this part, and onlyif a PCB waste import notice is submit-ted to EPA pursuant to this paragraph.

(1) PCB waste import notice. (i) PCBwaste import notices under this para-graph must be submitted to EPA inwriting. The complete PCB waste im-port notice must be received by EPA atthe mailing address or delivery addressset forth in this paragraph at least 45days prior to the date on which the ini-tial shipment enters the United States.Each notice shall be clearly marked‘‘PCB Waste Import Notice’’ and shallbe sent by certified mail to: Attn: PCBWaste Import Notice, Office of Enforce-ment and Compliance Assurance, Officeof Compliance (2222A), U.S. Environ-mental Protection Agency, 401 M St.,SW., Washington, DC 20460. Alter-nately, notices may be delivered bycourier to the same office at the ArielRios Building, room 5124, 1200 Penn-sylvania Ave., NW., Washington, DC20004.

(ii) Each PCB waste import noticemay cover an individual shipment or aseries of shipments extending over aperiod up to 12 months beginning withthe date on which the initial shipmententers the United States. A new noticemust be received by EPA every 12months if import for disposal will con-tinue. A new notice must also be re-ceived by EPA at any time that importwill deviate from the terms describedin the prior notice, at least 45 days be-fore the activity constituting the devi-ation begins. Such notices should indi-cate that the notice is a revision, andindicate what information haschanged.

(iii) Each PCB waste import noticeshall contain the following informa-tion:

(A) Company name, name of a con-tact person, address, telephone num-ber, facsimile (FAX) number, and EPAidentification number of the importerof PCB waste.

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(B) Company name, name of contactperson, address (including country),telephone number, and facsimile (FAX)number of the foreign generator, coun-tries of transit (if any), port of entry inthe United States, and method oftransportation.

(C) Types of PCBs and PCB Items tobe imported (e.g., transformers, capaci-tors, oil, soil), PCB concentrations ofeach type of PCB or PCB Items, num-ber and frequency of shipments, maxi-mum shipment size, and maximumtotal quantity to be imported duringthe designated import period.

(D) Projected dates of shipments, andperiod of time intended for import ac-tivities addressed by the notice (not toexceed 12 months).

(E) Name, contact name, address,telephone number, facsimile (FAX)number, and EPA Identification Num-ber of each TSCA-approved commercialstorage and disposal facility where thePCB waste will be stored and disposedof.

(F) Written certification from eachTSCA-approved commercial storage ordisposal facility identified in para-graph (b)(1)(iii)(E) of this section, in-cluding the importer, indicating thateach facility has agreed to accept theshipments of PCBs or PCB Items; hasapproval to store or dispose of PCBwaste under subpart D of this part; hassufficient storage capacity availablefor imported PCB waste; and untilMarch 18, 1999, will not exceed the 70%capacity limit imposed on importedPCB waste under paragraph (b)(2)(i) ofthis paragraph.

(G) Written certification from theimporter, stating: ‘‘I certify that I ama TSCA-approved commercial storer(disposer) of PCB waste, and that I ac-cept complete financial liability forthe transportation, storage, and dis-posal of all PCBs and PCB Items im-ported into the United States underthis notice.’’

(H) Written certification pursuant to§ 761.185(e), signed by the importer iden-tified in paragraph (b)(1)(iii)(A) of thissection, indicating that the informa-tion in the notice is complete and accu-rate.

(iv) Some of the information requiredto be submitted in a PCB waste importnotice may also be required to be sub-

mitted to EPA pursuant to certaininternational agreements. With the ex-ception of information required byparagraphs (b)(1)(iii) (F), (G), and (H) ofthis section, importers may elect to in-clude information in the PCB wasteimport notice using the same form sub-mitted under the international agree-ment provided the form contains theinformation required by paragraphs(b)(1)(iii) (A)-(E) of this section. Underall circumstances, the specific certifi-cations required by paragraphs(b)(1)(iii) (F), (G), and (H) of this sec-tion must be included in each PCBwaste import notice.

(v) Notwithstanding the submissionof a PCB waste import notice pursuantto this subpart, EPA reserves the rightto refuse entry into the United Statesof individual shipments of PCBs or PCBItems that do not comply with applica-ble Federal laws and regulations. EPAalso reserves the right to bring an en-forcement action against an importerwhose past import of PCBs or PCBItems does not comply with applicableFederal laws or regulations.

(vi) Submission of a PCB waste im-port notice under paragraph (b)(1)(i) ofthis section does not replace or satisfyother import notice or consent require-ments of applicable internationalagreements or arrangements, of theResource Conservation and RecoveryAct (RCRA), of other Federal statutes,or of TSCA section 13 (see 40 CFR707.20).

(vii) Confidential business informa-tion. (A) EPA believes that the infor-mation requested in PCB waste importnotices generally will not be entitledto be treated as confidential businessinformation (CBI) pursuant to section14 of TSCA. However, a person submit-ting a PCB waste import notice mayclaim as CBI information the personbelieves to be entitled to confidentialtreatment under TSCA section 14 andpart 2 of this chapter. If no claim ismade at the time the notice is submit-ted, the information in the notice shallbe available to the public without fur-ther notice to the submitter. If CBIclaims are made, such claims shall bemade by marking the specific informa-tion in the notice that is claimed CBI.In addition each claim should be ac-companied, at the time the claim is

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made, by a written justification sub-stantiating each item of the claim pur-suant to 40 CFR 2.204(e). In accordancewith the procedures set forth in TSCAand part 2 of this chapter, EPA willroutinely request such substantiationfrom the importer if it does not accom-pany the claim of confidentiality.

(B) Any claim of confidentiality shallaccompany the PCB waste import no-tice at the time it is submitted to EPA.The importer shall submit two copiesof each PCB waste import notice if aclaim of confidentiality is made.

(1) One copy of the notice shall con-tain all information required in para-graph (b)(1)(iii) of this section. In thiscopy of the notice, the submitter mustclearly highlight or mark the specificitems claimed as confidential on eachpage, and identify each item with thelabel ‘‘TSCA Confidential Business In-formation.’’ This notice shall be doublewrapped, and the inside envelopemarked ‘‘PCB Waste Import Notice—CBI Claimed.’’ The outside envelopeshall be addressed to: TSCA DocumentProcessing Center (7407), Office of Pol-lution Prevention and Toxics, U.S. En-vironmental Protection Agency, 401 MSt., SW., Washington, DC 20460. Sub-stantiation of CBI claims should besealed inside the inner envelope andsubmitted with this copy.

(2) The other copy shall contain allinformation required in paragraph(b)(1)(iii) of this section, except that allinformation claimed as confidential inthe first copy must be deleted. Thiscopy must be sent to the address indi-cated in (b)(1)(i) of this section.

(3) If the importer claims any infor-mation in the PCB waste import noticeas CBI, the PCB waste import notice isnot considered complete for purposes ofthis paragraph until both copies andthe written substantiation are receivedby EPA.

(2) Storage and disposal. Imports ofPCBs and PCB Items under paragraph(a)(1)(iii) of this section are subject tothe following conditions, in addition toall other applicable provisions of thispart.

(i) No facility that stores or disposesof imported PCB waste shall store atany time a combined quantity of im-ported PCB waste from all sources inexcess of 70% of the facility’s approved

maximum PCB storage capacity, pur-suant to § 761.65(d)(4)(iii). This limit onthe acceptance of imported PCB wasteshall expire on March 18, 1999.

(ii) All PCBs and PCB Items importedfor disposal under paragraph (a)(1)(iii)of this section are PCB wastes subjectto 40 CFR part 761, subpart D and:

(A) Shall be stored and disposed of infacilities which have approval undersubpart D of this part to store or dis-pose of the type of PCB waste being im-ported.

(B) Shall be marked in accordancewith subpart C of this part, andpackaged and stored in accordancewith subpart D of this part.

(C) For purposes of compliance withthe 1 year storage for disposal limitunder § 761.65(a), the date of removalfrom service for disposal for importedPCB waste shall be whichever of thefollowing dates occurs first:

(1) The date the PCB waste enters thecontiguous 48 States.

(2) The date the PCB waste entersany State, if the PCB waste will be dis-posed of in that State.

(3) The date the PCB waste enters aState outside the contiguous 48 States,if the PCB waste is stored in that Statefor a period of more than 10 consecu-tive days.

(3) Recordkeeping and manifesting. (i)Importers, storers, and disposers of im-ported PCBs and PCB Items underparagraph (a)(1)(iii) of this sectionshall meet the requirements of subpartJ of this part, with the following modi-fications:

(A) An importer who is not the ini-tial commercial storer or disposer ofthe imported PCB waste is consideredto be the generator for purposes ofmaintaining annual records under§ 761.180(a); the annual document logmaintained under § 761.180(a)(2) mustclearly distinguish between importedand domestically generated waste.

(B) Disposers and commercial storersof PCB waste must clearly distinguishbetween imported and domesticallygenerated waste in the annual docu-ment log maintained under§ 761.180(b)(2), and in the annual reportsubmitted to EPA under § 761.180(b)(3).

(ii) Importers, storers, and disposersof PCBs and PCB Items under para-graph (a)(1)(iii) of this section shall

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meet the requirements of subpart K ofthis part, with the following modifica-tions:

(A) Imported PCB waste shall bemanifested, even in cases where theimporter does not relinquish control ofthe shipment.

(B) Imported PCB waste shall bemanifested separately from domesticPCB waste.

(C) In place of the generator’s name,address and EPA identification numberon the manifest, the name and addressof the foreign generator and the im-porter’s name, address and EPA identi-fication number shall be used.

(D) In place of the generator’s signa-ture on the manifest certificationstatement, the importer shall sign anddate the certification and obtain thesignature of the initial transporter.

(E) The importer shall comply withall other requirements of subpart K ofthis part which apply to the generator.

(F) The date of removal from servicefor disposal shall be determined ac-cording to paragraph (b)(2)(ii)(C) of thissection.

(c) PCB analytical samples. PCBs andPCB Items at concentrations of 50 ppmor greater may be imported into theUnited States by a laboratory, com-mercial storer or disposer of PCB wasteunder paragraph (a)(1)(iv) of this sec-tion, without prior notification, forpurposes of chemical analysis to deter-mine the physical and chemical prop-erties of the PCBs and PCB Items, pro-vided:

(1) Quantities of PCBs and PCB Itemsimported by an individual facility shallnot exceed 200 kilograms annually fornon-liquids, and 25 liters annually forliquids; individual samples cannot ex-ceed 5 kilograms for non-liquids or 25milliliters for liquids.

(2) Unused and residual PCB wasteremaining after analytical use is com-pleted shall be marked, stored, mani-fested, and disposed of in accordancewith subparts C, D, and K of this part.

(3) PCB waste is handled by labora-tories in compliance with § 761.65(i).

(4) A TSCA PCB commercial storageapproval is required for each labora-tory, unless a total volume of no morethan 500 gallons (1.89 cubic meters) ofPCB waste is in storage at any onetime.

(d) Treatability studies. PCBs and PCBItems at concentrations of 50 ppm orgreater may be imported into the Unit-ed States under paragraph (a)(1)(v) ofthis section, without prior notification,for purposes of evaluating the effec-tiveness of a disposal technology, pro-vided:

(1) The importer receiving the PCBwaste is an approved disposer of PCBwaste under 40 CFR part 761, subpart D.

(2) The quantity of PCB waste im-ported annually to a disposal facilitydoes not exceed a total volume of 500gallons.

(3) The imported PCB waste does notexceed a concentration of 10,000 ppmPCBs, and no more than 1 kilogramtotal of pure PCBs is imported annu-ally.

(4) PCB waste imported under thisparagraph must be marked, stored, andmanifested in accordance with subpartsC and K of this part, and must complywith paragraphs (b)(2)(ii) and (b)(3) ofthis section.

(5) PCB waste imported under thisparagraph, including residues from anytreatability study, must be disposed ofin accordance with the terms and con-ditions of the TSCA disposal approvalfor the facility performing the treat-ability study.

§ 761.97 Export for disposal.(a) General provisions. No person

may export PCBs or PCB Items for dis-posal without an exemption, exceptthat:

(1) PCBs and PCB Items at con-centrations less than 50 ppm may beexported for disposal.

(2) [Reserved](b) [Reserved]

Subpart G—PCB Spill CleanupPolicy

SOURCE: 52 FR 10705, Apr. 2, 1987, unlessotherwise noted.

§ 761.120 Scope.(a) General. This policy establishes

criteria EPA will use to determine theadequacy of the cleanup of spills re-sulting from the release of materialscontaining PCBs at concentrations of50 ppm or greater. The policy applies tospills which occur after May 4, 1987.

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(1) Existing spills (spills which oc-curred prior to May 4, 1987, are ex-cluded from the scope of this policy fortwo reasons:

(i) For old spills which have alreadybeen discovered, this policy is not in-tended to require additional cleanupwhere a party has already cleaned aspill in accordance with requirementsimposed by EPA through its regionaloffices, nor is this policy intended tointerfere with ongoing litigation of en-forcement actions which bring intoissue PCB spills cleanup.

(ii) EPA recognizes that old spillswhich are discovered after the effectivedate of this policy will require site-by-site evaluation because of the likeli-hood that the site involves more perva-sive PCB contamination than freshspills and because old spills are gen-erally more difficult to clean up thanfresh spills (particularly on porous sur-faces such as concrete). Therefore,spills which occurred before the effec-tive date of this policy are to be decon-taminated to requirements establishedat the discretion of EPA, usuallythrough its regional offices.

(2) EPA expects most PCB spills sub-ject to the TSCA PCB regulations toconform to the typical spill situationsconsidered in developing this policy.This policy does, however, excludefrom application of the final numericalcleanup standards certain spill situa-tions from its scope: Spills directlyinto surface waters, drinking water,sewers, grazing lands, and vegetablegardens. These types of spills are sub-ject to final cleanup standards to be es-tablished at the discretion of the re-gional office. These spills are, however,subject to the immediate notificationrequirements and measures to mini-mize further environmental contami-nation.

(3) For all other spills, EPA generallyexpects the decontamination standardsof this policy to apply. Occasionally,some small percentage of spills coveredby this policy may warrant more strin-gent cleanup requirements because ofadditional routes of exposure or signifi-cantly greater exposures than those as-sumed in developing the final cleanupstandards of this policy. While the EPAregional offices have the authority torequire additional cleanup in these cir-

cumstances, the Regional Adminis-trator must first make a finding basedon the specific facts of a spill that ad-ditional cleanup must occur to preventunreasonable risk. In addition, before afinal decision is made to require addi-tional cleanup, the Regional Adminis-trator must notify the Director, Officeof Pollution Prevention and Toxics atHeadquarters of his/her finding and thebasis for the finding.

(4) There may also be exceptionalspill situations that requires less strin-gent cleanup or a different approach tocleanup because of factors associatedwith the particular spill. These factorsmay mitigate expected exposures andrisks or make cleanup to these require-ments impracticable.

(b) Spills that may require more strin-gent cleanup levels. For spills within thescope of this policy, EPA generally re-tains, under § 761.135, the authority torequire additional cleanup upon findingthat, despite good faith efforts by theresponsible party, the numerical de-contamination levels in the policyhave not been met. In addition, EPAforesees the possibility of exceptionalspill situations in which site-specificrisk factors may warrant additionalcleanup to more stringent numericaldecontamination levels than are re-quired by the policy. In these situa-tions, the Regional Administrator hasthe authority to require cleanup to lev-els lower than those included in thispolicy upon finding that further clean-up must occur to prevent unreasonablerisk. The Regional Administrator willconsult with the Director, Office ofPollution Prevention and Toxics, priorto making such a finding.

(1) For example, site-specific charac-teristics, such as short depth to groundwater, type of soil, or the presence of ashallow well, may pose exceptionallyhigh potential for ground water con-tamination by PCBs remaining aftercleanup to the standards specified inthis policy. Spills that pose such a highdegree of potential for ground watercontamination have not been excludedfrom the policy under paragraph (d) ofthis section because the presence ofsuch potential may not be readily ap-parent. EPA feels that automaticallyexcluding such spills from the scope ofthe policy could result in the delay of

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cleanup—a particularly undesirableoutcome if potential ground water con-tamination is, in fact, a significantconcern.

(2) In those situations, the RegionalAdministrator may require cleanup inaddition to that required under § 761.125(b) and (c). However, the Regional Ad-ministrator must first make a finding,based on the specific facts of a spill,that additional cleanup is necessary toprevent unreasonable risk. In addition,before making a final decision on addi-tional cleanup, the Regional Adminis-trator must notify the Director of theOffice of Pollution Prevention andToxics of his finding and the basis forthe finding.

(c) Flexibility to allow less stringent oralternative requirements. EPA retainsthe flexibility to allow less stringent oralternative decontamination measuresbased upon site-specific considerations.EPA will exercise this flexibility if theresponsible party demonstrates thatcleanup to the numerical decontamina-tion levels is clearly unwarranted be-cause of risk-mitigating factors, thatcompliance with the procedural re-quirements or numerical standards inthe policy is impracticable at a par-ticular site, or that site-specific char-acteristics make the costs of cleanupprohibitive. The Regional Adminis-trator will notify the Director of OPPTof any decision and the basis for the de-cision to allow less stringent cleanup.The purpose of this notification is toenable the Director of OPPT to ensureconsistency of spill cleanup standardsunder special circumstances across theregions.

(d) Excluded spills. (1) Although thespill situations in paragraphs (d)(2) (i)through (vi) of this section are ex-cluded from the automatic applicationof final decontamination standardsunder § 761.125 (b) and (c), the generalrequirements under § 761.125(a) do applyto these spills. In addition, all of theseexcluded situations require prac-ticable, immediate actions to containthe area of contamination. While thesesituations may not always requiremore stringent cleanup measures, theAgency is excluding these scenarios be-cause they will always involve signifi-cant factors that may not be ade-quately addressed by cleanup standards

based upon typical spill characteris-tics.

(2) For the spill situations in para-graphs (d)(2)(i) through (vi) of this sec-tion, the responsible party shall decon-taminate the spill in accordance withsite-specific requirements establishedby the EPA regional offices.

(i) Spills that result in the directcontamination of surface waters (sur-face waters include, but are not limitedto, ‘‘waters of the United States’’ asdefined in part 122 of this chapter,ponds, lagoons, wetlands, and storagereservoirs).

(ii) Spills that result in the directcontamination of sewers or sewagetreatment systems.

(iii) Spills that result in the directcontamination of any private or publicdrinking water sources or distributionsystems.

(iv) Spills which migrate to and con-taminate surface waters, sewers, ordrinking water supplies before cleanuphas been completed in accordance withthis policy.

(v) Spills that contaminate animalgrazing lands.

(vi) Spills that contaminate vegeta-ble gradens.

(e) Relationship of policy to other stat-utes. (1) This policy does not affectcleanup standards or requirements forthe reporting of spills imposed, or to beimposed, under other Federal statutoryauthorities, including but not limitedto, the Clean Water Act (CWA), the Re-source Conservation and Recovery Act(RCRA), and the Comprehensive Envi-ronmental Response Compensation andLiability Act of 1980 (CERCLA) asamended by the Superfund Amend-ments and Reauthorization Act(SARA). Where more than one require-ment applies, the stricter standardmust be met.

(2) The Agency recognizes that theexistence of this policy will inevitablyresult in attempts to apply the stand-ards to situations within the scope ofother statutory authorities. However,other statutes require the Agency toconsider different or alternative fac-tors in determining appropriate correc-tive actions. In addition, the types andmagnitudes of exposures associatedwith sites requiring corrective action

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under other statutes often involve im-portant differences from those ex-pected of the typical, electrical equip-ment-type spills considered in develop-ing this policy. Thus, cleanups underother statutes, such as RCRA correc-tive actions or remedial and responseactions under SARA may result in dif-ferent outcomes.

§ 761.123 Definitions.

For purposes of this policy, certainwords and phrases are used to denotespecific materials, procedures, or cir-cumstances. The following definitionsare provided for purposes of clarity andare not to be taken as exhaustive listsof situations and materials covered bythe policy.

Double wash/rinse means a minimumrequirement to cleanse solid surfaces(both impervious and nonimpervious)two times with an appropriate solventor other material in which PCBs are atleast 5 percent soluble (by weight). Avolume of PCB-free fluid sufficient tocover the contaminated surface com-pletely must be used in each wash/rinse. The wash/rinse requirement doesnot mean the mere spreading of solventor other fluid over the surface, nor doesthe requirement mean a once-over wipewith a soaked cloth. Precautions mustbe taken to contain any runoff result-ing from the cleansing and to disposeproperly of wastes generated duringthe cleansing.

High-concentration PCBs means PCBsthat contain 500 ppm or greater PCBs,or those materials which EPA requiresto be assumed to contain 500 ppm orgreater PCBs in the absence of testing.

High-contact industrial surface meansa surface in an industrial setting whichis repeatedly touched, often for rel-atively long periods of time. Mannedmachinery and control panels are ex-amples of high-contact industrial sur-faces. High-contact industrial surfacesare generally of impervious solid mate-rial. Examples of low-contact indus-trial surfaces include ceilings, walls,floors, roofs, roadways and sidewalksin the industrial area, utility poles, un-manned machinery, concrete pads be-neath electrical equipment, curbing,exterior structural building compo-nents, indoor vaults, and pipes.

High-contact residential/commercial sur-face means a surface in a residential/commercial area which is repeatedlytouched, often for relatively long peri-ods of time. Doors, wall areas below 6feet in height, uncovered flooring,windowsills, fencing, bannisters, stairs,automobiles, and children’s play areassuch as outdoor patios and sidewalksare examples of high-contact residen-tial/commercial surfaces. Examples oflow-contact residential/commercialsurfaces include interior ceilings, inte-rior wall areas above 6 feet in height,roofs, asphalt roadways, concrete road-ways, wooden utility poles, unmannedmachinery, concrete pads beneath elec-trical equipment, curbing, exteriorstructural building components (e.g.,aluminum/vinyl siding, cinder block,asphalt tiles), and pipes.

Impervious solid surfaces means solidsurfaces which are nonporous and thusunlikely to absorb spilled PCBs withinthe short period of time required forcleanup of spills under this policy. Im-pervious solid surfaces include, but arenot limited to, metals, glass, alu-minum siding, and enameled or lami-nated surfaces.

Low-concentration PCBs means PCBsthat are tested and found to containless than 500 ppm PCBs, or those PCB-containing materials which EPA re-quires to be assumed to be at con-centrations below 500 ppm (i.e.,untested mineral oil dielectric fluid).

Nonimpervious solid surfaces meanssolid surfaces which are porous and aremore likely to absorb spilled PCBsprior to completion of the cleanup re-quirements prescribed in this policy.Nonimpervious solid surfaces include,but are not limited to, wood, concrete,asphalt, and plasterboard.

Nonrestricted access areas means anyarea other than restricted access, out-door electrical substations, and otherrestricted access locations, as definedin this section. In addition to residen-tial/commercial areas, these areas in-clude unrestricted access rural areas(areas of low density development andpopulation where access is uncon-trolled by either man-made barriers ornaturally occurring barriers, such asrough terrain, mountains, or cliffs).

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40 CFR Ch. I (7–1–97 Edition)§ 761.123

Other restricted access (nonsubstation)locations means areas other than elec-trical substations that are at least 0.1kilometer (km) from a residential/com-mercial area and limited by man-madebarriers (e.g., fences and walls) to sub-stantially limited by naturally occur-ring barriers such as mountains, cliffs,or rough terrain. These areas generallyinclude industrial facilities and ex-tremely remote rural locations. (Areaswhere access is restricted but are lessthan 0.1 km from a residential/commer-cial area are considered to be residen-tial/commercial areas.)

Outdoor electrical substations meansoutdoor, fenced-off, and restricted ac-cess areas used in the transmissionand/or distribution of electrical powerOutdoor electrical substations restrictpublic access by being fenced or walledoff as defined under § 761.30(l)(1)(ii). Forpurposes of this TSCA policy, outdoorelectrical substations are defined asbeing located at least 0.1 km from aresidential/commercial area. Outdoorfenced-off and restricted access areasused in the transmission and/or dis-tribution of electrical power which arelocated less than 0.1. km from a resi-dential/commercial area are consideredto be residential/commercial areas.

PCBs means polychlorinated biphen-yls as defined under § 761.3. As specifiedunder § 761.1(b), no requirements maybe avoided through dilution of the PCBconcentration.

Requirements and standards means:(1) ‘‘Requirements’’ as used in this

policy refers to both the procedural re-sponses and numerical decontamina-tion levels set forth in this policy asconstituting adequate cleanup of PCBs.

(2) ‘‘Standards’’ refers to the numeri-cal decontamination levels set forth inthis policy.

Residential/commercial areas meansthose areas where people live or reside,or where people work in other thanmanufacturing or farming industries.Residential areas include housing andthe property on which housing is lo-cated, as well as playgrounds, road-ways, sidewalks, parks, and other simi-lar areas within a residential commu-nity. Commercial areas are typicallyaccessible to both members of the gen-eral public and employees and includepublic assembly properties, institu-

tional properties, stores, office build-ings, and transportation centers.

Responsible party means the owner ofthe PCB equipment, facility, or othersource of PCBs or his/her designatedagent (e.g., a facility manager or fore-man).

Soil means all vegetation, soils andother ground media, including but notlimited to, sand, grass, gravel, and oys-ter shells. It does not include concreteand asphalt.

Spill means both intentional and un-intentional spills, leaks, and other un-controlled discharges where the releaseresults in any quantity of PCBs run-ning off or about to run off the exter-nal surface of the equipment or otherPCB source, as well as the contamina-tion resulting from those releases. Thispolicy applies to spills of 50 ppm orgreater PCBs. The concentration ofPCBs spilled is determined by the PCBconcentration in the material spilledas opposed to the concentration ofPCBs in the material onto which thePCBs were spilled. Where a spill ofuntested mineral oil occurs, the oil ispresumed to contain greater than 50ppm, but less than 500 ppm PCBs and issubject to the relevant requirements ofthis policy.

Spill area means the area of soil onwhich visible traces of the spill can beobserved plus a buffer zone of 1 foot be-yond the visible traces. Any surface orobject (e.g., concrete sidewalk or auto-mobile) within the visible traces areaor on which visible traces of the spilledmaterial are observed is included inthe spill area. This area represents theminimum area assumed to be contami-nated by PCBs in the absence ofprecleanup sampling data and is thusthe minimum area which must becleaned.

Spill boundaries means the actualarea of contamination as determinedby postcleanup verification samplingor by precleanup sampling to deter-mine actual spill boundaries. EPA canrequire additional cleanup when nec-essary to decontaminate all areas with-in the spill boundaries to the levels re-quired in this policy (e.g., additionalcleanup will be required if postcleanupsampling indicates that the area decon-taminated by the responsible party,such as the spill area as defined in this

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section, did not encompass the actualboundaries of PCB contamination).

Standard wipe test means, for spills ofhigh-concentration PCBs on solid sur-faces, a cleanup to numerical surfacestandards and sampling by a standardwipe test to verify that the numericalstandards have been met. This defini-tion constitutes the minimum require-ments for an appropriate wipe testingprotocol. A standard-size template (10centimeters (cm) x 10 cm) will be usedto delineate the area of cleanup; thewiping medium will be a gauze pad orglass wool of known size which hasbeen saturated with hexane. It is im-portant that the wipe be performedvery quickly after the hexane is ex-posed to air. EPA strongly recommendsthat the gauze (or glass wool) be pre-pared with hexane in the laboratoryand that the wiping medium be storedin sealed glass vials until it is used forthe wipe test. Further, EPA requiresthe collection and testing of fieldblanks and replicates.

[52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19,1987]

§ 761.125 Requirements for PCB spillcleanup.

(a) General. Unless expressly limited,the reporting, disposal, and precleanupsampling requirements in paragraphs(a) (1) through (3) of this section applyto all spills of PCBs at concentrationsof 50 ppm or greater which are subjectto decontamination requirementsunder TSCA, including those spills list-ed under § 761.120(b) which are excludedfrom the cleanup standards at para-graphs (b) and (c) of this section.

(1) Reporting requirements. The report-ing in paragraphs (a)(1) (i) through (iv)of this section is required in additionto applicable reporting requirementsunder the Clean Water Act (CWA) orthe Comprehensive Environmental Re-sponse Compensation and Liability Actof 1980 (CERCLA). For example, underthe National Contingency Plan allspills involving 10 pounds or more byweight of PCBs must currently be re-ported to the National Response Center(1–800–424–8802). The requirements inparagraphs (a)(1) (i) through (iv) of thissection are designed to be consistentwith existing reporting requirementsto the extent possible so as to mini-

mize reporting burdens on governmentsas well as the regulated community.

(i) Where a spill directly contami-nates surface water, sewers, or drink-ing water supplies, as discussed under§ 761.120(d), the responsible party shallnotify the appropriate EPA regional of-fice (the Office of Prevention, Pes-ticides and Toxic Substances Branch)and obtain guidance for appropriatecleanup measures in the shortest pos-sible time after discovery, but in nocase later than 24 hours after discov-ery.

(ii) Where a spill directly contami-nates grazing lands or vegetable gar-dens, as discussed under § 761.120(d), theresponsible party shall notify the ap-propriate EPA regional office (the Of-fice of Prevention, Pesticides andToxic Substances Branch) and proceedwith the immediate requirements spec-ified under paragraph (b) or (c) of thissection, depending on the source of thespill, in the shortest possible time afterdiscovery, but in no case later than 24hours after discovery.

(iii) Where a spill exceeds 10 poundsof PCBs by weight and is not addressedin paragraph (a)(1) (i) or (ii) of this sec-tion, the responsible party will notifythe appropriate EPA regional office(Pesticides and Toxic SubstancesBranch) and proceed to decontaminatethe spill area in accordance with thisTSCA policy in the shortest possibletime after discovery, but in no caselater than 24 hours after discovery.

(iv) Spills of 10 pounds or less, whichare not addressed in paragraph (a)(1) (i)or (ii) of this section, must be cleanedup in accordance with this policy (inorder to avoid EPA enforcement liabil-ity), but notification of EPA is not re-quired.

(2) Disposal of cleanup debris and mate-rials. All concentrated soils, solvents,rags, and other materials resultingfrom the cleanup of PCBs under thispolicy shall be properly stored, labeled,and disposed of in accordance with theprovisions of § 761.60.

(3) Determination of spill boundaries inthe absence of visible traces. For spillswhere there are insufficient visibletraces yet there is evidence of a leak orspill, the boundaries of the spill are tobe determined by using a statisticallybased sampling scheme.

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40 CFR Ch. I (7–1–97 Edition)§ 761.125

(b) Requirements for cleanup of low-concentration spills which involve lessthan 1 pound of PCBs by weight (lessthan 270 gallons of untested mineral oil)—(1) Decontamination requirements. Spillsof less than 270 gallons of untestedmineral oil, low-concentration PCBs,as defined under § 761.123, which involveless than 1 pound of PCBs by weight(e.g., less than 270 gallons of untestedmineral oil containing less than 500ppm PCBs) shall be cleaned in the fol-lowing manner:

(i) Solid surfaces must be doublewashed/rinsed (as defined under§ 761.123); except that all indoor, resi-dential surfaces other than vault areasmust be cleaned to 10 micrograms per100 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 1lateral foot around the visible traces)must be excavated, and the ground berestored to its original configurationby 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 becompleted within 48 hours after the re-sponsible party was notified or becameaware of the spill.

(2) Effect of emergency or adverseweather. Completion of cleanup may bedelayed beyond 48 hours in case of cir-cumstances including but not limitedto, civil emergency, adverse weatherconditions, lack of access to the site,and emergency operating conditions.The occurrence of a spill on a weekendor overtime costs are not acceptablereasons to delay response. Completionof cleanup may be delayed only for theduration of the adverse conditions. Ifthe adverse weather conditions, ortime lapse due to other emergency, hasleft insufficient visible traces, the re-sponsible party must use a statisticallybased sampling scheme to determinethe spill boundaries as required underparagraph (a)(3) of this section.

(3) Records and certification. At thecompletion of cleanup, the responsibleparty shall document the cleanup withrecords and certification of decon-tamination. The records and certifi-cation must be maintained for a periodof 5 years. The records and certifi-cation shall consist of the following:

(i) Identification of the source of thespill (e.g., type of equipment).

(ii) Estimated or actual date andtime of the spill occurrence.

(iii) The date and time cleanup wascompleted or terminated (if cleanupwas delayed by emergency or adverseweather: the nature and duration ofthe delay).

(iv) A brief description of the spill lo-cation.

(v) Precleanup sampling data used toestablish the spill boundaries if re-quired because of insufficient visibletraces, and a brief description of thesampling methodology used to estab-lish the spill boundaries.

(vi) A brief description of the solidsurfaces cleaned and of the doublewash/rinse method used.

(vii) Approximate depth of soil exca-vation and the amount of soil removed.

(viii) A certification statementsigned by the responsible party statingthat the cleanup requirements havebeen met and that the information con-tained in the record is true to the bestof his/her knowledge.

(ix) While not required for compli-ance with this policy, the following in-formation would be useful if main-tained in the records:

(A) Additional pre- or post-cleanupsampling.

(B) The estimated cost of the cleanupby man-hours, dollars, or both.

(c) Requirements for cleanup of high-concentration spills and low-concentra-tion spills involving 1 pound or morePCBs by weight (270 gallons or more ofuntested mineral oil). Cleanup of low-concentration spills involving 1 lb ormore PCBs by weight and of all spillsof materials other than low-concentra-tion materials shall be considered com-plete if all of the immediate require-ments, cleanup standards, sampling,and recordkeeping requirements ofparagraphs (c) (1) through (5) of thissection are met.

(1) Immediate requirements. The fouractions in paragraphs (c)(1) (i) through(iv) of this section must be taken asquickly as possible and within no morethan 24 hours (or within 48 hours forPCB Transformers) after the respon-sible party was notified or becameaware of the spill, except that actionsdescribed in paragraphs (c)(1) (ii)

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through (iv) of this section can be de-layed beyond 24 hours if circumstances(e.g., civil emergency, hurricane, tor-nado, or other similar adverse weatherconditions, lack of access due to phys-ical impossibility, or emergency oper-ating conditions) so require for the du-ration of the adverse conditions. Theoccurrence of a spill on a weekend orovertime costs are not acceptable rea-sons to delay response. Owners ofspilled PCBs who have delayed cleanupbecause of these types of circumstancesmust keep records documenting thefact that circumstances precludedrapid response.

(i) The responsible party shall notifythe EPA regional office and the NRC asrequired by § 761.125(a)(1) or by otherapplicable statutes.

(ii) The responsible party shall effec-tively cordon off or otherwise delineateand restrict an area encompassing anyvisible traces plus a 3-foot buffer andplace clearly visible signs advising per-sons to avoid the area to minimize thespread of contamination as well as thepotential for human exposure.

(iii) The responsible party shallrecord and document the area of visiblecontamination, noting the extent ofthe visible trace areas and the centerof the visible trace area. If there are novisible traces, the responsible partyshall record this fact and contact theregional office of the EPA for guidancein completing statistical sampling ofthe spill area to establish spill bound-aries.

(iv) The responsible party shall initi-ate cleanup of all visible traces of thefluid on hard surfaces and initiate re-moval of all visible traces of the spillon soil and other media, such as gravel,sand, oyster shells, etc.

(v) If there has been a delay in reach-ing the site and there are insufficientvisible traces of PCBs remaining at thespill site, the responsible party mustestimate (based on the amount of ma-terial missing from the equipment orcontainer) the area of the spill and im-mediately cordon off the area of sus-pect contamination. The responsibleparty must then utilize a statisticallybased sampling scheme to identify theboundaries of the spill area as soon aspracticable.

(vi) Although this policy requirescertain immediate actions, as de-scribed in paragraphs (c)(1)(i) through(iv) of this section, EPA is not placinga time limit on completion of thecleanup effort since the time requiredfor completion will vary from case tocase. However, EPA expects that de-contamination will be achievedpromptly in all cases and will considerpromptness of completion in determin-ing whether the responsible party madegood faith efforts to clean up in accord-ance with this policy.

(2) Requirements for decontaminatingspills in outdoor electrical substations.Spills which occur in outdoor electricalsubstations, as defined under § 761.123,shall be decontaminated in accordancewith paragraphs (c)(2) (i) and (ii) of thissection. Conformance to the cleanupstandards under paragraphs (c)(2) (i)and (ii) of this section shall be verifiedby post-cleanup sampling as specifiedunder § 761.130. At such times as out-door electrical substations are con-verted to another use, the spill siteshall be cleaned up to the nonrestrictedaccess requirements under paragraph(c)(4) of this section.

(i) Contaminated solid surfaces (bothimpervious and non-impervious) shallbe cleaned to a PCB concentration of100 micrograms (µg)/100 square centi-meters (cm2) (as measured by standardwipe tests).

(ii) At the option of the responsibleparty, soil contaminated by the spillwill be cleaned either to 25 ppm PCBsby weight, or to 50 ppm PCBs by weightprovided that a label or notice is visi-bly placed in the area. Upon dem-onstration by the responsible partythat cleanup to 25 ppm or 50 ppm willjeopardize the integrity of the elec-trical equipment at the substation, theEPA regional office may establish analternative cleanup method or leveland place the responsible party on areasonably timely schedule for comple-tion of cleanup.

(3) Requirements for decontaminatingspills in other restricted access areas.Spills which occur in restricted accesslocations other than outdoor electricalsubstations, as defined under § 761.123,shall be decontaminated in accordancewith paragraphs (c)(3) (i) through (v) of

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40 CFR Ch. I (7–1–97 Edition)§ 761.125

this section. Conformance to the clean-up standards in paragraphs (c)(3) (i)through (v) of this section shall beverified by postcleanup sampling asspecified under § 761.130. At such timesas restricted access areas other thanoutdoor electrical substations are con-verted to another use, the spill siteshall be cleaned up to the nonrestrictedaccess area requirements of paragraph(c)(4) of this section.

(i) High-contact solid surfaces, as de-fined under § 761.163 shall be cleaned to10 µg/100 cm2 (as measured by standardwipe tests).

(ii) Low-contact, indoor, impervioussolid surfaces will be decontaminatedto 10 µg/100 cm2.

(iii) At the option of the responsibleparty, low-contact, indoor, nonimpervi-ous surfaces will be cleaned either to 10µg/100 cm2 or to 100 µg/100 cm2 and en-capsulated. The Regional Adminis-trator, however, retains the authorityto disallow the encapsulation optionfor a particular spill situation uponfinding that the uncertainties associ-ated with that option pose special con-cerns at that site. That is, the Re-gional Administrator would not permitencapsulation if he/she determined thatif the encapsulation failed the failurewould create an imminent hazard atthe site.

(iv) Low-contact, outdoor surfaces(both impervious and nonimpervious)shall be cleaned to 100 µg/100 cm2.

(v) Soil contaminated by the spillwill be cleaned to 25 ppm PCBs byweight.

(4) Requirements for decontaminatingspills in nonrestricted access areas. Spillswhich occur in nonrestricted access lo-cations, as defined under § 761.123, shallbe decontaminated in accordance withparagraphs (c)(4) (i) through (v) of thissection. Conformance to the cleanupstandards at paragraphs (c)(4) (i)through (v) of this section shall beverified by postcleanup sampling asspecified under § 761.130.

(i) Furnishings, toys, and other eas-ily replaceable household items shallbe disposed of in accordance with theprovisions of § 761.60 and replaced bythe responsible party.

(ii) Indoor solid surfaces and high-contact outdoor solid surfaces, definedas high contact residential/commercial

surfaces under § 761.123, shall be cleanedto 10 µg/100 cm2 (as measured by stand-ard wipe tests).

(iii) Indoor vault areas and low-con-tact, outdoor, impervious solid surfacesshall be decontaminated to 10 µg/100cm2.

(iv) At the option of the responsibleparty, low-contact, outdoor, nonimper-vious solid surfaces shall be eithercleaned to 10 µg/100 cm2 or cleaned to100 µg/100 cm2 and encapsulated. TheRegional Administrator, however, re-tains the authority to disallow the en-capsulation option for a particular spillsituation upon finding that the uncer-tainties associated with that optionpose special concerns at that site. Thatis, the Regional Administrator wouldnot permit encapsulation if he/she de-termined that if the encapsulationfailed the failure would create an im-minent hazard at the site.

(v) Soil contaminated by the spillwill be decontaminated to 10 ppm PCBsby weight provided that soil is exca-vated to a minimum depth of 10 inches.The excavated soil will be replacedwith clean soil, i.e., containing lessthan 1 ppm PCBs, and the spill site willbe restored (e.g., replacement of turf).

(5) Records. The responsible partyshall document the cleanup withrecords of decontamination. Therecords must be maintained for a pe-riod of 5 years. The records and certifi-cation shall consist of the following:

(i) Identification of the source of thespill, e.g., type of equipment.

(ii) Estimated or actual date andtime of the spill occurrence.

(iii) The date and time cleanup wascompleted or terminated (if cleanupwas delayed by emergency or adverseweather: the nature and duration ofthe delay).

(iv) A brief description of the spill lo-cation and the nature of the materialscontaminated. This information shouldinclude whether the spill occurred inan outdoor electrical substation, otherrestricted access location, or in a non-restricted access area.

(v) Precleanup sampling data used toestablish the spill boundaries if re-quired because of insufficient visibletraces and a brief description of thesampling methodology used to estab-lish the spill boundaries.

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(vi) A brief description of the solidsurfaces cleaned.

(vii) Approximate depth of soil exca-vation and the amount of soil removed.

(viii) Postcleanup verification sam-pling data and, if not otherwise appar-ent from the documentation, a brief de-scription of the sampling methodologyand analytical technique used.

(ix) While not required for compli-ance with this policy, information onthe estimated cost of cleanup (by man-hours, dollars, or both) would be usefulif maintained in the records.

[52 FR 10705, Apr. 2, 1987, as amended at 53FR 40884, Oct. 19, 1988]

§ 761.130 Sampling requirements.Postcleanup sampling is required to

verify the level of cleanup under§ 761.125(c) (2) through (4). The respon-sible party may use any statisticallyvalid, reproducible, sampling scheme(either random samples or grid sam-ples) provided that the requirements ofparagraphs (a) and (b) of this sectionare satisfied.

(a) The sampling area is the greaterof (1) an area equal to the area cleanedplus an additional 1-foot boundary, or(2) an area 20 percent larger than theoriginal area of contamination.

(b) The sampling scheme must ensure95 percent confidence against falsepositives.

(c) The number of samples must besufficient to ensure that areas of con-tamination of a radius of 2 feet or morewithin the sampling area will be de-tected, except that the minimum num-ber of samples is 3 and the maximumnumber of samples is 40.

(d) The sampling scheme must in-clude calculation for expected varia-bility due to analytical error.

(e) EPA recommends the use of asampling scheme developed by the Mid-west Research Institute (MRI) for usein EPA enforcement inspections: ‘‘Ver-ification of PCB Spill Cleanup by Sam-pling and Analysis.’’ Guidance for theuse of this sampling scheme is avail-able in the MRI report ‘‘Field Manualfor Grid Sampling of PCB Spill Sites toVerify Cleanup.’’ Both the MRI sam-pling scheme and the guidance docu-ment are available from the Director,Environmental Assistance Division(7408), Office of Pollution Prevention

and Toxics, U.S. Environmental Pro-tection Agency, Room E–543B, 401 MSt., SW., Washington, DC, 20460, Tele-phone: (202) 554–1404, TDD: (202) 544–0551. The major advantage of this sam-pling scheme is that it is designed tocharacterize the degree of contamina-tion within the entire sampling areawith a high degree of confidence whileusing fewer samples than any othergrid or random sampling scheme. Thissampling scheme also allows some sitesto be characterized on the basis of com-posite samples.

(f) EPA may, at its discretion, takesamples from any spill site. If EPA’ssampling indicates that the remainingconcentration level exceeds the re-quired level, EPA will require furthercleanup. For this purpose, the numeri-cal level of cleanup required for spillscleaned in accordance with § 761.125(b)is deemed to be the equivalent of nu-merical cleanup requirements requiredfor cleanups under § 761.125(c) (2)through (4). Using its best engineeringjudgment, EPA may sample a statis-tically valid random or grid samplingtechnique, or both. When using engi-neering judgment or random ‘‘grab’’samples, EPA will take into accountthat there are limits on the power of agrab sample to dispute statisticallybased sampling of the type required ofthe responsible party. EPA head-quarters will provide guidance to theEPA regions on the degree of certaintyassociated with various grab sample re-sults.

[52 FR 10705, Apr. 2, 1987, as amended at 60FR 34465, July 3, 1995]

§ 761.135 Effect of compliance withthis policy and enforcement.

(a) Although a spill of material con-taining 50 ppm or greater PCBs is con-sidered improper PCB disposal, thispolicy establishes requirements thatEPA considers to be adequate cleanupof the spilled PCBs. Cleanup in accord-ance with this policy means compli-ance with the procedural as well as thenumerical requirements of this policy.Compliance with this policy creates apresumption against both enforcementaction for penalties and the need forfurther cleanup under TSCA. TheAgency reserves the right, however, toinitiate appropriate action to compel

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40 CFR Ch. I (7–1–97 Edition)§ 761.180

cleanup where, upon review of therecords of cleanup or EPA samplingfollowing cleanup, EPA finds that thedecontamination levels in the policyhave not been achieved. The Agencyalso reserves the right to seek pen-alties where the Agency believes thatthe responsible party has not made agood faith effort to comply with allprovisions of this policy, such asprompt notification of EPA of a spill,recordkeeping, etc.

(b) EPA’s exercise of enforcementdiscretion does not preclude enforce-ment action under other provisions ofTSCA or any other Federal statute.This includes, even in cases where thenumerical decontamination levels setforth in this policy have been met, civilor criminal action for penalties whereEPA believes the spill to have been theresult of gross negligence or knowingviolation.

Subparts H–I [Reserved]

Subpart J—General Records andReports

§ 761.180 Records and monitoring.This section contains recordkeeping

and reporting requirements that applyto PCBs, PCB Items, and PCB storageand disposal facilities that are subjectto the requirements of the part.

(a) PCBs and PCB Items in service orprojected for disposal. Beginning Feb-ruary 5, 1990, each owner or operator ofa facility, other than a commercialstorer or a disposer of PCB waste,using or storing at any one time atleast 45 kilograms (99.4 pounds) ofPCBs contained in PCB Container(s), orone or more PCB Transformers, or 50 ormore PCB Large High or Low VoltageCapacitors shall develop and maintainat the facility, or a central facility pro-vided they are maintained at that fa-cility, all annual records and the writ-ten annual document log of the disposi-tion of PCBs and PCB Items. The writ-ten annual document log must be pre-pared for each facility by July 1 cover-ing the previous calendar year (Janu-ary through December). The annualdocument log shall be maintained forat least 3 years after the facility ceasesusing or storing PCBs and PCB Itemsin the quantities prescribed in this

paragraph. Annual records (manifestsand certificates of disposal) shall bemaintained for the same period. Theannual records and the annual docu-ment log shall be available for inspec-tion at the facility where they aremaintained by authorized representa-tives of EPA during normal businesshours, and each owner or operator of afacility subject to these requirementsshall know the location of theserecords. All records and annual docu-ments required to be prepared andmaintained by this section prior toFebruary 5, 1990 shall continue to bemaintained at the facility for the sametime as the annual records and the an-nual document log. The annual docu-ment required for 1989 shall cover theperiod from January 1, 1989 to Feb-ruary 5, 1990.

(1) The annual records shall includethe following:

(i) All signed manifests generated bythe facility during the calendar year.

(ii) All Certificates of Disposal thathave been received by the facility dur-ing the calendar year.

(2) The written annual document logshall include the following:

(i) The name, address, and EPA iden-tification number of the facility cov-ered by the annual document log andthe calendar year covered by the an-nual document log.

(ii) The unique manifest number ofevery manifest generated by the facil-ity during the calendar year, and fromeach manifest and for unmanifestedwaste that may be stored at the facil-ity, the following information:

(A) For bulk PCB waste (e.g., in atanker or truck), its weight in kilo-grams, the first date it was removedfrom service for disposal, the date itwas placed into transport for off-sitestorage or disposal, and the date of dis-posal, if known.

(B) The serial number (if available)or other means of identifying each PCBArticle (e.g., transformer or capacitor),the weight in kilograms of the PCBwaste in each transformer or capacitor,the date it was removed from servicefor disposal, the date it was placed intransport for off-site storage or dis-posal, and the date of disposal, ifknown.

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(C) A unique number identifying eachPCB Container, a description of thecontents of each PCB Container, suchas liquid, soil, cleanup debris, etc., in-cluding the total weight of the mate-rial in kilograms in each PCB Con-tainer, the first date material placed ineach PCB Container was removed fromservice for disposal, and the date eachPCB Container was placed in transportfor off-site storage or disposal, and thedate of disposal (if known).

(D) A unique number identifying eachPCB Article Container, a description ofthe contents of each PCB Article Con-tainer, such as pipes, capacitors, elec-tric motors, pumps, etc., including thetotal weight in kilograms of the con-tent of each PCB Article Container, thefirst date a PCB Article placed in eachPCB Article Container was removedfrom service for disposal, and the datethe PCB Article Container was placedin transport for off-site storage or dis-posal, and the date of disposal (ifknown.)

(iii) The total number by specifictype of PCB Articles and the totalweight in kilograms of PCBs in PCBArticles, the total number of PCB Arti-cle Containers and total weight in kilo-grams of the contents of PCB ArticleContainers, the total number of PCBContainers and the total weight inkilograms of the contents of PCB Con-tainers, and the total weight in kilo-grams of bulk PCB waste that wasplaced into storage for disposal or dis-posed during the calendar year.

(iv) The total number of PCB Trans-formers and total weight in kilogramsof PCBs contained in the transformersremaining in service at the end of thecalendar year.

(v) The total number of Large Highor Low Voltage PCB Capacitors re-maining in service at the end of thecalendar year.

(vi) The total weight in kilograms ofany PCBs and PCB Items in PCB Con-tainers, including the identification ofcontainer contents, remaining in serv-ice at the facility at the end of the cal-endar year.

(vii) For any PCBs or PCB item re-ceived from or shipped to another facil-ity owned or operated by the same gen-erator, the information required under

paragraph (a)(2)(ii)(A) through(a)(2)(ii)(D) of this section.

(viii) A record of each telephone call,or other means of verification agreedupon by both parties, made to each des-ignated commercial storer or des-ignated disposer to confirm receipt ofPCB waste transported by an independ-ent transporter, as required by § 761.208.

(b) Disposers and commercial storers ofPCB waste. Beginning February 5, 1990,each owner or operator of a facility (in-cluding high efficiency boiler oper-ations) used for the commercial stor-age or disposal of PCBs and PCB Itemsshall maintain annual records on thedisposition of all PCBs and PCB itemsat the facility and prepare and main-tain a written annual document logthat includes the information requiredby paragraphs (b)(2) of this section forPCBs and PCB Items that were handledas PCB waste at the facility. The writ-ten annual document log shall be pre-pared by July 1 for the previous cal-endar year (January through Decem-ber). The written annual document logshall be maintained at each facility forat least 3 years after the facility is nolonger used for the storage or disposalof PCBs and PCB Items except that, inthe case of chemical waste landfills,the annual document log shall be main-tained at least 20 years after the chem-ical waste landfill is no longer used forthe disposal of PCBs and PCB Items.The annual records shall be maintainedfor the same period. The annualrecords and written annual documentlog shall be available at the facility forinspection by authorized representa-tives of the EPA. All records and an-nual documents required to be preparedand maintained by this section prior toFebruary 5, 1990 shall continue to bemaintained at the facility for the sametime as the annual records and the an-nual document log. The annual docu-ment for 1989 shall cover the periodfrom January 1, 1989 to February 5,1990. From the written annual docu-ment log the owner or operator of a fa-cility must prepare the annual reportcontaining the information required byparagraphs (b)(3)(i) through (b)(3)(vi) ofthis section for PCBs and PCB Itemsthat were handled as PCB waste at thefacility during the previous calendaryear (January through December). The

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40 CFR Ch. I (7–1–97 Edition)§ 761.180

annual report must be submitted byJuly 15 of each year for the precedingcalendar year. If the facility ceasescommercial PCB storage or disposaloperations, the owner or operator ofthe facility shall provide at least 60days advance written notice to the Re-gional Administrator for the region inwhich the facility is located of the datethe facility intends to begin closure. d

(1) The annual records shall includethe following:

(i) All signed manifests generated orreceived at the facility during the cal-endar year.

(ii) All Certificates of Disposal thathave been generated or received by thefacility during the calendar year.

(2) The written annual document logshall include the following:

(i) The name, address, and EPA iden-tification number of the storage or dis-posal facility covered by the annualdocument log and the calendar yearcovered by the annual document log.

(ii) For each manifest generated orreceived by the facility during the cal-endar year, the unique manifest num-ber and the name and address of the fa-cility that generated the manifest andthe following information:

(A) For bulk PCB waste (e.g., in atanker or truck), its weight in kilo-grams, the first date PCB waste placedin the tanker or truck was removedfrom service for disposal, the date itwas received at the facility, the date itwas placed in transport for off-site dis-posal (if applicable), and the date ofdisposal, (if known ).

(B) The serial number or other meansof identifying each PCB Article, not ina PCB Container or PCB Article Con-tainer, the weight in kilograms of thePCB waste in the PCB Article, the dateit was removed from service for dis-posal, the date it was received at thefacility, the date it was placed intransport for off-site disposal (if appli-cable), and the date of disposal (ifknown).

(C) The unique number assigned bythe generator identifying each PCBContainer, a description of the con-tents of each PCB Container, such asliquid, soil, cleanup debris, etc., includ-ing the total weight of the PCB wastein kilograms in each PCB Container,the first date PCB waste placed in each

PCB Container was removed from serv-ice for disposal, the date it was re-ceived at the facility, the date eachPCB Container was placed in transportfor off-site storage or disposal (as ap-plicable), and the date the PCB Con-tainer was disposed of (if known).

(D) The unique number assigned bythe generator identifying each PCB Ar-ticle Container, a description of thecontents of each PCB Article Con-tainer, such as pipes, capacitors, elec-tric motors, pumps, etc., including thetotal weight in kilograms of the PCBwaste in each PCB Article Container,the first date a PCB Article placed ineach PCB Article Container was re-moved from service for disposal, thedate it was received at the facility, thedate each PCB Article Container wasplaced in transport for off-site storageor disposal (as applicable), and the datethe PCB Article Container was dis-posed of (if known).

(E) Disposers of PCB waste shall in-clude the confirmed date of disposal foritems in paragraphs (b)(2)(ii)(A)through (b)(2)(ii)(D) of this section.

(iii) For any PCB waste disposed at afacility that generated the PCB wasteor any PCB waste that was not mani-fested to the facility, the informationrequired under paragraph (b)(2)(ii)(A)through (b)(2)(ii)(E) of this section.

(3) The owner or operator of a PCBdisposal or commercial storage facilityshall submit an annual report, whichbriefly summarizes the records and an-nual document log required to be main-tained and prepared under paragraphs(b)(1) and (b)(2) of this section, to theRegional Administrator of the EPA re-gion in which the facility is located byJuly 15 of each year, beginning withJuly 15, 1991. The first annual reportsubmitted on July 15, 1991, shall be forthe period starting February 5, 1990 andending December 31, 1990. The annualreport shall contain no confidentialbusiness information. The annual re-port shall consist of the informationlisted in paragraphs (b)(3)(i) through(b)(3)(vi) of this section.

(i) The name, address, and EPA iden-tification number of the facility cov-ered by the annual report for the cal-endar year.

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(ii) A list of the numbers of all signedmanifests of PCB waste initiated or re-ceived by the facility during that year.

(iii) The total weight in kilograms ofbulk PCB waste, PCB waste in PCBTransformers, PCB waste in PCB LargeHigh or Low Voltage Capacitors, PCBwaste in PCB Article Containers, andPCB waste in PCB Containers in stor-age at the facility at the beginning ofthe calendar year, received or gen-erated at the facility, transferred toanother facility, or disposed of at thefacility during the calendar year. Theinformation must be provided for eachof these categories, as appropriate.

(iv) The total number of PCB Trans-formers, the total number of PCBLarge High or Low Voltage Capacitors,the total number of PCB Article Con-tainers, and the total number of PCBContainers in storage at the facility atthe beginning of the calendar year, re-ceived or generated at the facility,transferred to another facility, or dis-posed of at the facility during the cal-endar year. The information must beprovided for each of these categories,as appropriate.

(v) The total weight in kilograms ofeach of the following PCB categories:bulk PCB waste, PCB waste in PCBTransformers, PCB waste in PCB LargeHigh or Low Voltage Capacitors, PCBwaste in PCB Article Containers, andPCB waste in PCB Containers remain-ing in storage for disposal at the facil-ity at the end of the calendar year.

(vi) The total number of PCB Trans-formers, the total number of PCBLarge High or Low Voltage Capacitors,the total number of PCB Article Con-tainers, and the total number of PCBContainers remaining in storage fordisposal at the facility at the end ofthe calendar year.

(vii) The requirement to submit an-nual reports to the Regional Adminis-trator continues until the submissionof the annual report for the calendaryear during which the facility ceasesPCB storage or disposal operations.Storage operations have not ceaseduntil all PCB waste, including any PCBwaste generated during closure, hasbeen removed from the facility.

(4) Whenever a commercial storer ofPCB waste accepts PCBs or PCB Itemsat his storage facility and transfers the

PCB waste off-site to another facilityfor storage or disposal, the commercialstorer of PCB waste shall initiate amanifest under subpart K of this partfor the transfer of PCBs or PCB Itemsto the next storage or disposal facility.

NOTE: Any requirements for weights inkilograms of PCBs may be calculated valuesif the internal volume of PCBs in containersand transformers is known and included inthe reports, together with any assumptionson the density of the PCBs contained in thecontainers or tranformers. If the internalvolume of PCBs is not known, a best esti-mate may be used.

(c) Incineration facilities. Each owneror operator of a PCB incinerator facil-ity shall collect and maintain for a pe-riod of 5 years from the date of collec-tion the following information, in addi-tion to the information required inparagraph (b) of this section:

(1) When PCBs are being incinerated,the following continuous and short-in-terval data:

(i) Rate and quantity of PCBs fed tothe combustion system as required in§ 761.70(a)(3);

(ii) Temperature of the combustionprocess as required in § 761.70(a)(4); and

(iii) Stack emission product to in-clude O2, CO, and CO2 as required in§ 761.70(a)(7).

(2) When PCBs are being incinerated,data and records on the monitoring ofstack emissions as required in§ 761.70(a)(6).

(3) Total weight in kilograms of anysolid residues generated by the inciner-ation of PCBs and PCB Items duringthe calendar year, the total weight inkilograms of any solid residues dis-posed of by the facility in chemicalwaste landfills, and the total weight inkilograms of any solid residues remain-ing on the facility site.

(4) When PCBs and PCB Items arebeing incinerated, additional periodicdata shall be collected and maintainedas specified by the Regional Adminis-trator pursuant to § 761.70(d)(4).

(5) Upon any suspension of the oper-ation of any incinerator pursuant to§ 761.70(a)(8), the owner or operator ofsuch an incinerator shall prepare a doc-ument. The document shall, at a mini-mum, include the date and time of thesuspension and an explanation of thecircumstances causing the suspension

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40 CFR Ch. I (7–1–97 Edition)§ 761.185

of operation. The document shall besent to the appropriate Regional Ad-ministrator within 30 days of any suchsuspension.

(d) Chemical waste landfill facilities.Each owner or operator of a PCB chem-ical waste landfill facility shall collectand maintain until at least 20 yearsafter the chemical waste landfill is nolonger used for the disposal of PCBsthe following information in additionto the information required in para-graph (b) of this section:

(1) Any water analysis obtained incompliance with § 761.75(b)(6)(iii); and

(2) Any operations records includingburial coordinates of wastes obtainedin compliance with § 761.75(b)(8)(ii).

(e) High efficiency boiler facilities.Each owner or operator of a high effi-ciency boiler used for the disposal ofliquids between 50 and 500 ppm PCBshall collect and maintain for a periodof 5 years the following information, inaddition to the information required inparagraph (b) of this section:

(1) For each month PCBs are burnedin the boiler the carbon monoxide andexcess oxygen data required in§ 761.60(a)(2)(iii)(A)(8) and§ 761.60(a)(3)(iii)(A)(8);

(2) The quantity of PCBs burned eachmonth as required in§ 761.60(a)(2)(iii)(A)(7) and§ 761.60(a)(3)(iii)(A)(7); and

(3) For each month PCBs (other thanmineral oil dielectric fluid) are burned,chemical analysis data of the waste asrequired in § 761.60(a)(3) (iii)(B)(6).

(f) Retention of special records by stor-age and disposal facilities. In addition tothe information required to be main-tained under paragraphs (b), (c), (d) and(e) of this section, each owner or opera-tor of a PCB storage or disposal facil-ity (including high efficiency boiler op-erations) shall collect and maintain forthe time period specified in paragraph(b) of this section the following data:

(1) All documents, correspondence,and data that have been provided tothe owner or operator of the facility byany State or local government agencyand that pertain to the storage or dis-posal of PCBs and PCB Items at the fa-cility.

(2) All documents, correspondence,and data that have been provided bythe owner or operator of the facility to

any State or local government agencyand that pertain to the storage or dis-posal of PCBs and PCB Items at the fa-cility.

(3) Any applications and related cor-respondence sent by the owner or oper-ator of the facility to any local, State,or Federal authorities in regard towaste water discharge permits, solidwaste permits, building permits, orother permits or authorizations such asthose required by §§ 761.70(d) and761.75(c).(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.2605)[44 FR 31542, May 31, 1979. Redesignated at 47FR 19527, May 6, 1982, and further redesig-nated at 47 FR 37360, Aug. 25, 1982; 49 FR28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988;54 FR 52750, Dec. 21, 1989; 55 FR 26205, June27, 1990; 58 FR 34205, June 23, 1993]

§ 761.185 Certification program and re-tention of records by importers andpersons generating PCBs in ex-cluded manufacturing processes.

(a) In addition to meeting the basicrequirements of § 761.1(f) and the defini-tion of excluded manufacturing proc-esses at § 761.3, manufacturers withprocesses inadvertently generatingPCBs and importers of products con-taining inadvertently generated PCBsmust report to EPA any excluded man-ufacturing process or imports for whichthe concentration of PCBs in productsleaving the manufacturing site or im-ported is greater than 2 microgramsper gram (2 µg/g, roughly 2 ppm) forany resolvable gas chromatographicpeak. Such reports must be filed by Oc-tober 1, 1984 or, if no processes or im-ports require reports at the time, with-in 90 days of having processes or im-ports for which such reports are re-quired.

(b) Manufacturers required to reportby paragraph (a) of this section musttransmit a letter notifying EPA of thenumber, the type, and the location ofexcluded manufacturing processes inwhich PCBs are generated when thePCB level in products leaving any man-ufacturing site is greater than 2 µg/gfor any resolvable gas chromatographicpeak. Importers required to report byparagraph (a) of this section musttransmit a letter notifying EPA of theconcentration of PCBs in importedproducts when the PCB concentration

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of products being imported is greaterthan 2 µg/g for any resolvable gaschromatographic peak. Persons mustalso certify the following:

(1) Their compliance with all applica-ble requirements of § 761.1(f), includingany applicable requirements for air andwater releases and process waste dis-posal.

(2) Whether determinations of com-pliance are based on actual monitoringof PCB levels or on theoretical assess-ments.

(3) That such determinations of com-pliance are being maintained.

(4) If the determination of compli-ance is based on a theoretical assess-ment, the letter must also notify EPAof the estimated PCB concentrationlevels generated and released.

(c) Any person who reports pursuantto paragraph (a) of this section:

(1) Must have performed either a the-oretical analysis or actual monitoringof PCB concentrations.

(2) Must maintain for a period ofthree years after ceasing process oper-ations or importation, or for sevenyears, whichever is shorter, recordscontaining the following information:

(i) Theoretical analysis. Manufacturersrecords must include: the reaction orreactions believed to be generatingPCBs; the levels of PCBs generated;and the levels of PCBs released. Im-porters records must include: the reac-tion or reactions believed to be gener-ating PCBs and the levels of PCBs gen-erated; the basis for all estimations ofPCB concentrations; and the name andqualifications of the person or personsperforming the theoretical analysis; or

(ii) Actual monitoring. (A) The methodof analysis.

(B) The results of the analysis, in-cluding data from the Quality Assur-ance Plan.

(C) Description of the sample matrix.(D) The name of the analyst or ana-

lysts.(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 besigned by a responsible corporate offi-cer. This certification must be main-tained by each facility or importer for

a period of three years after ceasingprocess operation or importation, orfor seven years, whichever is shorter,and must be made available to EPAupon request. For the purpose of thissection, a responsible corporate officermeans:

(1) A president, secretary, treasurer,or vice-president of the corporation incharge of a principal business function,or any other person who performs simi-lar policy or decision-making functionsfor the corporation.

(2) The manager of one or more man-ufacturing, production, or operating fa-cilities employing more than 250 per-sons or having gross annual sales or ex-penditures exceeding $25,000,000 (in sec-ond quarter 1980 dollars), if authorityto sign documents has been assigned ordelegated to the manager in accord-ance with corporate procedures.

(e) Any person signing a documentunder paragraph (d) of this sectionshall also make the following certifi-cation:

I certify under penalty of law that thisdocument and all attachments were preparedunder my direction or supervision in accord-ance with a system designed to assure thatqualified personnel properly gather andevaluate information. Based on my inquiryof the person or persons directly responsiblefor gathering information, the informationis, to the best of my knowledge and belief,true, accurate, and complete. I am awarethat there are significant penalties for fal-sifying information, including the possibilityof fines and imprisonment for knowing viola-tions.

Dated: ————————————————————Signature: ——————————————————

(f) This report must be submitted tothe Document Control Office (7407), Of-fice of Pollution Prevention andToxics, U.S. Environmental ProtectionAgency, Room G–099, 401 M St., SW.,Washington, DC., 20460, ATTN: PCB No-tification. This report must be submit-ted by October 1, 1984 or within 90 daysof starting up processes or commencingimportation of PCBs.

(g) This certification process must berepeated whenever process conditions

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40 CFR Ch. I (7–1–97 Edition)§ 761.187

are significantly modified to make theprevious certification no longer valid.

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

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

§ 761.187 Reporting importers and bypersons generating PCBs in ex-cluded manufacturing processes.

In addition to meeting the basic re-quirements of § 761.1(f) and the defini-tion of excluded manufacturing processat § 761.3, PCB-generating manufactur-ing processes or importers of PCB-con-taining products shall be considered‘‘excluded manufacturing processes’’only when the following conditions aremet:

(a) Data are reported to the EPA bythe owner/operator or importer con-cerning the total quantity of PCBs inproduct from excluded manufacturingprocesses leaving any manufacturingsite in any calendar year when suchquantity exceeds 0.0025 percent of thatsite’s rated capacity for such manufac-turing processes as of October 1, 1984;or the total quantity of PCBs importedin any calendar year when such quan-tity exceeds 0.0025 percent of the aver-age total quantity of such product con-taining PCBs imported by such im-porter during the years 1978, 1979, 1980,1981 and 1982.

(b) Data are reported to the EPA bythe owner/operator concerning thetotal quantity of inadvertently gen-erated PCBs released to the air fromexcluded manufacturing processes atany manufacturing site in any calendaryear when such quantity exceeds 10pounds.

(c) Data are reported to the EPA bythe owner/operator concerning thetotal quantity of inadvertently gen-erated PCBs released to water from ex-cluded manufacturing processes fromany manufacturing site in any calendaryear when such quantity exceeds 10pounds.

(d) These reports must be submittedto the Document Control Office (7407),Office of Pollution Prevention andToxics, U.S. Environmental ProtectionAgency, Room G–099, 401 M St., SW.,

Washington, DC., 20460, ATTN: PCB No-tification.(Sec. 6, Pub. L. 94–469, 90 Stat. 2020 (15 U.S.C.2605)[49 FR 28192, July 10, 1984, as amended at 53FR 12524, Apr. 15, 1988; 58 FR 34205, June 23,1993; 59 FR 33697, June 30, 1994; 60 FR 34465,July 3, 1995]

§ 761.193 Maintenance of monitoringrecords by persons who import,manufacture, process, distribute incommerce, or use chemicals con-taining inadvertently generatedPCBs.

(a) Persons who import, manufac-ture, process, distribute in commerce,or use chemicals containing PCBspresent as a result of inadvertent gen-eration or recycling who perform anyactual monitoring of PCB concentra-tions must maintain records of anysuch monitoring for a period of threeyears after a process ceases operationor importing ceases, or for seven years,whichever is shorter.

(b) Monitoring records maintainedpursuant to paragraph (a) of this sec-tion must contain:

(1) The method of analysis.(2) The results of the analysis, in-

cluding data from the Quality Assur-ance Plan.

(3) Description of the sample matrix.(4) The name of the analyst or ana-

lysts.(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 58FR 34205, June 23, 1993]

Subpart K—PCB Waste DisposalRecords and Reports

SOURCE: 54 FR 52752, Dec. 21, 1989, unlessotherwise noted.

§ 761.202 EPA identification numbers.(a) General. Any generator, commer-

cial storer, transporter, or disposer ofPCB waste who is required to have anEPA identification number under thissubpart must notify EPA of his/herPCB waste handling activities, usingthe notification procedures and formdescribed in § 761.205. EPA will confirm

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the EPA identification number of fa-cilities already assigned one, and willassign an EPA identification numberto 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, trans-

port, or offer for transportation PCBwaste without having received an EPAidentification number from the Agen-cy. A generator of PCB waste who isexempted from notification under§ 761.205(c)(1) or who notifies EPA in atimely manner under § 761.205(c)(2)(i),but has not yet received a unique iden-tification number, shall be regarded ashaving received from EPA the identi-fication number ‘‘40 CFR PART 761.’’

(ii) Offer the PCB waste to transport-ers, disposers, or commercial storers ofPCB waste who have not received anEPA identification number.

(2) A transporter of PCB waste shallnot:

(i) Transport PCB waste without hav-ing received an EPA identificationnumber from EPA.

(ii) Deliver PCB waste to transport-ers, disposers, or commercial storers ofPCB waste that have not received anEPA identification number.

(3) A commercial storer of PCB wasteshall not accept any PCB waste forstorage without having received anEPA identification number from EPA.

(4) A disposer of PCB waste shall notaccept any PCB waste for disposalwithout having received an EPA identi-fication number from EPA. A disposerof PCB waste who owns more than onedisposal facility or mobile treatmentunit shall not accept waste unless thedisposer has received an EPA identi-fication number for each facility ormobile unit.

(c) PCB waste handled prior to effectivedate of this subpart. Generators (otherthan generators exempt from notifica-tion under § 761.205(c)(1)), commercialstorers, transporters, and disposers ofPCB waste who are required to haveEPA identification numbers under thissubpart, and who were engaged in PCBwaste handling activities on or prior toFebruary 5, 1990, are not subject to theprohibitions of paragraph (b) of thissection if they have applied for an EPAidentification number in accordance

with the applicable notification proce-dures of § 761.205. Such persons shalluse the EPA identification number ‘‘40CFR PART 761,’’ or a number assignedto the persons by EPA or a State underRCRA, until EPA issues to such per-sons a specific identification numberunder § 761.205(a), (b), or (c).

(d) PCB waste first handled after effec-tive date of this subpart. Generators(other than generators exempt fromnotification under § 761.205(c)(1)), com-mercial storers, transporters, and dis-posers of PCB waste who are requiredto have EPA identification numbersunder this subpart, and who first en-gage in PCB waste activities after Feb-ruary 5, 1990, are subject to the prohibi-tions in paragraph (b) of this section.

§ 761.205 Notification of PCB waste ac-tivity (EPA Form 7710–53).

(a)(1) All commercial storers, trans-porters, and disposers of PCB wastewho were engaged in PCB waste han-dling activities on or prior to February5, 1990 shall notify EPA of their PCBwaste activities by filing EPA Form7710–53 with EPA by no later than April4, 1990. Upon receiving the notificationform, EPA will assign an EPA identi-fication number to each entity that no-tifies.

(2) All generators (other than genera-tors exempt from notification underparagraph (c)(1) of this section), com-mercial storers, transporters, and dis-posers of PCB waste who first engagein PCB waste handling activities afterFebruary 5, 1990, shall notify EPA oftheir PCB waste activities by filingEPA Form 7710–53 with EPA prior toengaging in PCB waste handling activi-ties.

(3) Any person required to notifyEPA under this section shall file withEPA Form 7710–53. Copies of EPA Form7710–53 are available from the Oper-ation Branch (7404), Office of PollutionPrevention and Toxics, EnvironmentalProtection Agency, 401 M St. SW,Washington, DC 20460. Descriptive in-formation and instructions for fillingin the form are included in paragraphs(a)(4) (i) through (vii) of this section.

(4) All of the following informationshall be provided to EPA on Form 7710–53:

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40 CFR Ch. I (7–1–97 Edition)§ 761.207

(i) The name of the facility, and thename of the owner or operator of thefacility.

(ii) EPA identification number, ifany, 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 print-ed name and official title of signer, anddate signed.

(viii) EPA has determined that theinformation in paragraphs (a)(4)(i)through (a)(4)(vii) of this section shallnot be treated as confidential businessinformation. This information will bedisclosed to the public without furthernotice to the submitter unless the sub-mitter provides a written justification(submitted with the notification form)which demonstrates extraordinary rea-sons why the information should be en-titled to confidential treatment.

(b) Generators (other than those gen-erators exempt from notification underparagraph (c)(1) of this section), com-mercial storers, transporters, and dis-posers of PCB waste who have pre-viously notified EPA or a State of haz-ardous waste activities under RCRAshall notify EPA of their PCB wasteactivities under this part by filing EPAForm 7710–53 with EPA by no laterthan April 4, 1990. The notificationshall include the EPA identificationnumber previously issued by EPA orthe State and upon receipt of the noti-fication, EPA shall verify and author-ize the use of the previously issuedidentification number for PCB wasteactivities.

(c)(1) Generators of PCB waste neednot notify EPA and receive uniqueEPA identification numbers under thissection, unless their PCB waste activi-ties are described in paragraph (c)(2) ofthis section. Generators exempted fromnotifying EPA under this paragraphshall use the generic identificationnumber ‘‘40 CFR PART 761’’ on themanifests, records, and reports whichthey shall prepare under this subpart,unless such generators elect to use aunique EPA identification number pre-

viously assigned to them under RCRAby EPA or a State.

(2) Generators of PCB waste who use,own, service, or process PCBs or PCBItems shall notify EPA of their PCBwaste activities only if they own or op-erate PCB storage facilities subject tothe storage requirements of § 761.65 (b)or (c)(7). Such generators shall notifyEPA in the following manner:

(i) Generators storing PCB waste sub-ject to the storage requirements of§ 761.65 (b) or (c)(7) shall notify EPA byfiling EPA Form 7710–53 with EPA byno later than April 4, 1990.

(ii) Generators who desire to com-mence storage of PCB waste after Feb-ruary 5, 1990 shall notify EPA and re-ceive an EPA identification number be-fore they may commence storage ofPCBs at their facilities establishedunder § 761.65 (b) or (c)(7).

(iii) A separate notification shall besubmitted to EPA for each PCB storagefacility owned or operated by genera-tors of PCB waste. Upon receivingthese notifications, EPA will assigngenerators unique EPA identificationnumbers for each storage facility noti-fying EPA under this section.

(d) Persons required to notify underthis section shall file EPA Form 7710–53with EPA by mailing the form to thefollowing address: Chief, OperationBranch (7404), Office of Pollution Pre-vention and Toxics, EnvironmentalProtection Agency, 401 M St., SW,Washington, DC 20460.

(e) The requirements under this sec-tion to notify EPA and obtain EPAidentification numbers shall in no caseexcuse compliance by any person sub-ject to the 1-year limit on storage priorto disposal under § 761.65(a).

[54 FR 52752, Dec. 21, 1989, as amended at 58FR 15809, Mar. 24, 1993; 58 FR 34205, June 23,1993; 59 FR 33697, June 30, 1994]

§ 761.207 The manifest—general re-quirements.

(a) A generator who relinquishes con-trol over PCB wastes by transporting,or offering for transport by his own ve-hicle or by a vehicle owned by anotherperson, PCB waste for commercial off-site storage or off-site disposal shallprepare a manifest on EPA Form 8700–22, and if necessary, a continuationsheet. The generator shall specify:

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(1) For each bulk load of PCBs, theidentity of the PCB waste, the earliestdate of removal from service for dis-posal, and the weight in kilograms ofthe PCB waste.

(2) For each PCB Article Container orPCB Container, the unique identifyingnumber, type of PCB waste (e.g., soil,debris, small capacitors), earliest dateof removal from service for disposal,and weight in kilograms of the PCBwaste contained.

(3) For each PCB Article not in aPCB Container or PCB Article Con-tainer, the serial number if available,or other identification if there is no se-rial number, the date of removal fromservice for disposal, and weight in kilo-grams of the PCB waste in each PCBArticle.

(b) EPA does not maintain supplies ofprinted copies of Form 8700–22 for pub-lic use, although printed copies of themanifest may be available from Stateoffices. Camera-ready copies of theform are available for printing pur-poses from State offices, EPA RegionalOffices, and EPA Headquarters.

(c) If the State to which the ship-ment is manifested (i.e., consignmentState) supplies the manifest and re-quires its use, then the generator mustuse that manifest.

(d) If the consignment State does notsupply the manifest, but the State inwhich the generator is located (i.e.,generator State) supplies the manifestand requires its use, then the generatormust use that State’s manifest.

(e) If both the consignment State andthe generator State supply manifestsand require their use, the generatormust use the consignment State’smanifest.

(f) If neither the generator State northe consignment State supplies themanifest, the generator may obtain themanifest from any source.

(g) A generator shall designate on themanifest one off-site commercial stor-age or disposal facility approved underthis part for the commercial storage ordisposal of the PCBs and PCB Items de-scribed on the manifest.

(h) If the transporter is unable to de-liver the PCB waste to the designateddisposer or commercial storer, thetransporter must contact the generatorof the PCB waste for instructions. The

generator shall either designate an-other approved disposer or commercialstorer, or instruct the transporter toreturn the PCB waste back to the gen-erator.

(i) The manifest which accompaniesthe PCB waste shall consist of at aminimum the number of copies re-quired to provide the generator, theinitial transporter, each subsequenttransporter, and the owner or operatorof the designated commercial storageor disposal facility with one legiblecopy each for their records, and one ad-ditional copy to be returned to the gen-erator by the owner or operator of thefirst designated commercial storage ordisposal facility.

(j) The requirements of this sectionapply only to PCB wastes as defined in§ 761.3. This includes PCB wastes withPCB concentrations below 50 ppmwhere the PCB concentration below 50ppm was the result of dilution; thesePCB wastes are required, under§ 761.1(b), to be managed as if they con-tained PCB concentrations greaterthan 50 ppm. An example of such a PCBwaste is spill cleanup material contain-ing less than 50 ppm PCBs when thespill involved material containinggreater than 50 ppm.

§ 761.208 Use of the manifest.

(a)(1) The generator of PCB wasteshall:

(i) Sign the manifest certification byhand.

(ii) Obtain the handwritten signatureof the initial transporter and date ofacceptance on the manifest.

(iii) Retain one copy among itsrecords in accordance with § 761.209(a).

(iv) Give to the transporter the re-maining copies of the manifest thatwill accompany the shipment of PCBwaste.

(2) For bulk shipments of PCB wastewithin the United States transportedsolely by water, the generator shallsend three copies of the manifest datedand signed in accordance with this sec-tion directly to the owner or operatorof the designated commercial storageor disposal facility. Copies of the mani-fest are not required for each trans-porter.

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(3) For rail shipments of PCB wastewithin the United States which origi-nate at the site of generation, the gen-erator shall send at least three copiesof the manifest dated and signed in ac-cordance with this section to:

(i) The next non-rail transporter, ifany.

(ii) The designated commercial stor-age or disposal facility if transportedsolely by rail.

(4) When a generator has employedan independent transporter to trans-port the PCB waste to a commercialstorer or disposer, the generator shallconfirm by telephone, or by othermeans of confirmation agreed to byboth parties, that the commercial stor-er or disposer actually received themanifested waste. The generator shallconfirm receipt of the waste by close ofbusiness the day after he receives themanifest hand-signed by the commer-cial storer or disposer, in accordancewith paragraph (c)(1)(iv) of this sec-tion. If the generator has not receivedthe hand-signed manifest within 35days after the independent transporteraccepted the PCB waste, the generatorshall telephone, or communicate withby some other agreed-upon means, thedisposer or commercial storer to deter-mine whether the PCB waste has actu-ally been received. If the PCB wastehas not been received, the generatorshall contact the independent trans-porter to determine the disposition ofthe PCB waste. If the generator has notreceived a hand-signed manifest froman EPA-approved facility within 10days from the date of the telephonecall or other agreed upon means ofcommunication, to the independenttransporter, the generator shall submitan exception report to the EPA Re-gional Administrator for the Region inwhich the generator is located, as spec-ified in § 761.215. The generator shall re-tain a written record of all telephoneor other confirmations to be includedin the annual document log, in accord-ance with § 761.180.

(b)(1) A transporter shall not acceptPCB waste from a generator unless it isaccompanied by a manifest signed bythe generator in accordance with para-graph (a)(1) of this section, except thata manifest is not required if any one ofthe following conditions exists:

(i) The shipment of PCB waste con-sists solely of PCB wastes with PCBconcentrations below 50 ppm, unlessthe PCB concentration below 50 ppmwas the result of dilution, in whichcase § 761.1(b) requires that the wastebe managed as if it contained PCBs atthe concentration prior to dilution.

(ii) The PCB waste is accepted by thetransporter for transport only to astorage or disposal facility owned oroperated by the generator of the PCBwaste.

(2) Before transporting the PCBwaste, the transporter shall sign anddate the manifest acknowledging ac-ceptance of the PCB waste from thegenerator. The transporter shall returna signed copy to the generator beforeleaving the generator’s facility.

(3) The transporter shall ensure thatthe manifest accompanies the PCBwaste.

(4) A transporter who delivers PCBwaste to another transporter, or to thedesignated commercial storer or dis-poser of PCB waste, shall:

(i) Obtain the date of delivery andthe handwritten signature of the subse-quent transporter of PCB waste, or ofthe owner or operator of the designatedcommercial storage or disposal facilityon the manifest.

(ii) Retain one copy of the manifestin accordance with § 761.209(b).

(iii) Give the remaining copies of themanifest to the accepting transporterof PCB waste, or to the designatedcommercial storage or disposal facil-ity.

(5) The requirements of paragraphs(b) (3) and (4) of this section shall notapply to transporters of bulk ship-ments by water if all of the followingconditions are met:

(i) The PCB waste is delivered bywater (bulk shipment) to the des-ignated commercial storage or disposalfacility.

(ii) A shipping paper containing allthe information required on the mani-fest (excluding EPA identificationnumber, generator certification, andsignatures) accompanies the PCBwaste.

(iii) The transporter delivering thePCB waste obtains the date of deliveryand handwritten signature of theowner or operator of the designated

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commercial storage or disposal facilityon either the manifest or the shippingpaper.

(iv) The person delivering the PCBwaste to the initial water (bulk ship-ment) transporter obtains the date ofdelivery and signature of the water(bulk shipment) transporter on themanifest and forwards it to the des-ignated facility.

(v) A copy of the shipping paper ormanifest is retained by each water(bulk shipment) transporter in accord-ance with § 761.209(b).

(6) For shipments involving railtransportation, the requirements ofparagraphs (b)(3) and (b)(4) of this sec-tion shall not apply. Instead, the re-quirements described at § 263.20(f) ofthis chapter for the rail transportationof hazardous waste apply to such ship-ments. The rail transporter shall re-tain one copy of the manifest or railshipping paper in accordance with§ 761.209(b).

(7) The transporter shall deliver theentire quantity of PCB waste acceptedfrom a generator or transporter to ei-ther of the following destinations:

(i) The designated commercial stor-age or disposal facility listed on themanifest.

(ii) The next designated transporterof PCB waste.

(8) If the PCB waste cannot be deliv-ered in accordance with paragraph(b)(7) of this section, the transportershall contact the generator for furtherdirections and shall revise the manifestand/or return the PCB waste accordingto the generator’s instructions.

(9) No provision of this section shallbe construed to affect or limit the ap-plicability of any requirement applica-ble to transporters of PCB waste underregulations issued by the Departmentof Transportation (DOT) and set forthat 49 CFR part 171.

(c)(1) If a commercial storage or dis-posal facility receives an off-site ship-ment of PCB waste accompanied by amanifest, the owner or operator, or hisagent, shall:

(i) Sign and date each copy of themanifest to certify that the PCB wastecovered by the manifest was received.

(ii) Note any significant discrep-ancies in the manifest (as defined in

§ 761.210(a)(1)) on each copy of the mani-fest.

(iii) Immediately give the trans-porter at least one copy of the signedmanifest.

(iv) Within 30 days after the delivery,send a copy of the manifest to the gen-erator.

(v) Retain a copy of each manifestamong the facility’s records in accord-ance with § 761.209(d).

(2) If a commercial storage or dis-posal facility receives PCB waste froma rail or water (bulk shipment) trans-porter accompanied by a shippingpaper containing all the informationrequired on the manifest except theEPA identification numbers, genera-tor’s certification, and signatures, theowner or operator, or his agent, shall:

(i) Sign and date each copy of themanifest or shipping paper to certifythat the PCB waste covered by themanifest or shipping paper was re-ceived.

(ii) Note any significant discrep-ancies in the manifest or shippingpaper on each copy of the manifest orshipping paper.

(iii) Immediately give the rail orwater transporter at least one copy ofthe manifest or shipping paper, if ap-plicable.

(iv) Within 30 days after the delivery,send a copy of the signed and datedmanifest to the generator; however, ifthe manifest has not been receivedwithin 30 days after delivery, the owneror operator shall send a copy of theshipping paper signed and dated to thegenerator.

(v) Retain at the commercial storageor disposal facility a copy of the mani-fest and shipping paper, if signed inlieu of the manifest, in accordancewith § 761.209(d).

(3) Whenever an off-site shipment ofPCB waste is initiated from a commer-cial storage or disposal facility, theowner or operator of the commercialstorage or disposal facility shall com-ply with the manifest requirementsthat apply to generators of PCB waste.

§ 761.209 Retention of manifestrecords.

(a) A generator of PCB waste shallkeep a copy of each manifest signed inaccordance with § 761.208(a)(1) until the

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generator receives a signed copy fromthe designated commercial storage ordisposal facility which received thePCB waste. The copy signed by thecommercial storer or disposer shall beretained for at least 3 years from thedate the PCB waste was accepted bythe initial transporter. A generatorsubject to annual document require-ments under § 761.180 shall retain copiesof each manifest for the period re-quired by § 761.180(a).

(b)(1) A transporter of PCB wasteshall keep a copy of the manifestsigned by the generator, transporter,and the next designated transporter, ifapplicable, or the owner or operator ofthe designated commercial storage ordisposal facility. This copy shall be re-tained for a period of at least 3 yearsfrom the date the PCB waste was ac-cepted by the initial transporter.

(2) For shipments of PCB waste deliv-ered to the designated commercialstorage or disposal facility by water(bulk shipment), each water (bulk ship-ment) transporter shall retain a copyof the shipping paper described in§ 761.208(b)(5)(ii) for a period of at least3 years from the date the PCB wastewas accepted by the initial transporter.

(3) For shipments of PCB waste byrail within the United States:

(i) The initial rail transporter shallkeep a copy of the manifest and theshipping paper required to accompanythe PCB waste for a period of at least3 years from the date the PCB wastewas accepted by the initial transporter.

(ii) The final rail transporter shallkeep a copy of the signed manifest, orthe required shipping paper if signed bythe designated facility in lieu of themanifest, for a period of at least 3years from the date the PCB waste wasaccepted by the initial transporter.

(c) The owner or operator of a PCBcommercial storage or disposal facilitythat receives off-site shipments of PCBwaste shall retain at the facility for atleast 3 years a copy of each manifest orshipping paper that the owner or opera-tor signs in accordance with § 761.208(c)(1) or (c)(3).

(d) The periods of record retention re-quired by this section shall be extendedautomatically during the course of any

outstanding enforcement action re-garding the regulated activity.

[54 FR 52752, Dec. 21, 1989, as amended at 58FR 34205, June 23, 1993]

§ 761.210 Manifest discrepancies.

(a) Manifest discrepancies are dif-ferences between the quantity or typeof PCB waste designated on the mani-fest or shipping paper and the quantityor type of PCB waste actually deliveredto and received by a designated facil-ity.

(1) Significant discrepancies in quan-tity are:

(i) Variations greater than 10 percentin weight of PCB waste in containers.

(ii) Any variation in piece count,such as a discrepancy of one PCBTransformer or PCB Container or PCBArticle Container in a truckload.

(2) Significant discrepancies in typeof PCB waste are obvious differenceswhich may be discovered by inspectionor waste analysis, such as the substi-tution of solids for liquids or the sub-stitution of high concentration PCBs(above 500 ppm) with lower concentra-tion materials.

(b) Upon discovering a significantdiscrepancy, the owner or operator ofthe designated commercial storage ordisposal facility shall attempt to rec-oncile the discrepancy with the wastegenerator or transporter. If the dis-crepancy is not resolved within 15 daysafter receiving the PCB waste, suchowner or operator shall immediatelysubmit to the Regional Administratorfor the Region in which the designatedfacility is located a letter describingthe discrepancy and attempts to rec-oncile it, and a copy of the manifest orshipping paper at issue.


§ 761.211 Unmanifested waste report.

(a) After April 4, 1990, if a PCB com-mercial storage or disposal facility re-ceives any shipment of PCB waste froman off-site source without an accom-panying manifest or shipping paper(where required in place of a manifest),and any part of the shipment consistsof any PCB waste regulated for dis-posal, then the owner or operator of

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the commercial storage or disposal fa-cility shall attempt to contact the gen-erator, using information supplied bythe transporter, to obtain a manifestor to return the PCB waste.

(b) If the owner or operator of thecommercial storage or disposal facilitycannot contact the generator of thePCB waste, he shall notify the Re-gional Administrator of the EPA re-gion in which his facility is located ofthe unmanifested PCB waste so thatthe Regional Administrator can deter-mine whether further actions are re-quired before the owner or operatormay store or dispose of theunmanifested PCB waste.

(c) Within 15 days after receiving theunmanifested PCB waste, the owner oroperator shall prepare and submit a re-port to the Regional Administrator forthe Region in which the commercialstorage or disposal facility is locatedand to the Regional Administrator forthe Region in which the PCB wasteoriginated, if known. The report maybe submitted on EPA Form 8700–13B, orby a written letter designated‘‘Unmanifested Waste Report.’’ The re-port shall include the following infor-mation:

(1) The EPA identification number,name, and address of the PCB commer-cial storage or disposal facility.

(2) The date the commercial storageor disposal facility received theunmanifested PCB waste.

(3) The EPA identification number,name, and address of the generator andtransporter, if available.

(4) A description of the type andquantity of the unmanifested PCBwaste received at the facility.

(5) A brief explanation of why thewaste was unmanifested, if known.

(6) The disposition made of theunmanifested waste by the commercialstorage or disposal facility, including:

(i) If the waste was stored or disposedby that facility, was the generatoridentified and was a manifest subse-quently supplied.

(ii) If the waste was sent back to thegenerator, why and when.


§ 761.215 Exception reporting.(a) A generator of PCB waste, who

does not receive a copy of the manifestwith the handwritten signature of theowner or operator of the designatedPCB commercial storage or disposal fa-cility within 35 days of the date thewaste was accepted by the initialtransporter, shall immediately contactthe transporter and/or the owner or op-erator of the designated facility to de-termine the status of the PCB waste.

(b) A generator of PCB waste shallsubmit an Exception Report to the Re-gional Administrator for the Region inwhich the generator is located if thegenerator has not received a copy ofthe manifest with the handwritten sig-nature of the owner or operator of thedesignated facility within 45 days ofthe date the waste was accepted by theinitial transporter. The Exception Re-port shall include the following:

(1) A legible copy of the manifest forwhich the generator does not have con-firmation of delivery.

(2) A cover letter signed by the gener-ator or his authorized representativeexplaining the efforts taken to locatethe PCB waste and the results of thoseefforts.

(c) A disposer of PCB waste shall sub-mit a One-year Exception Report tothe Regional Administrator for the Re-gion in which the disposal facility is lo-cated whenever the following occurs:

(1) The disposal facility receivesPCBs or PCB Items on a date morethan 9 months from the date the PCBsor PCB Items were removed from serv-ice for disposal, as indicated on themanifest or continuation sheet; and

(2) Because of contractual commit-ments or other factors affecting the fa-cility’s disposal capacity, the disposerof PCB waste could not dispose of theaffected PCBs or PCB Items within 1year of the date of removal from serv-ice for disposal.

(d) A generator or commercial storerof PCB waste who manifests PCBs orPCB Items to a disposer of PCB wasteshall submit a One-year Exception Re-port to the Regional Administrator forthe Region in which the generator orcommercial storer is located wheneverthe following occurs:

(1) The generator or commercial stor-er transferred the PCBs or PCB Items

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to the disposer of PCB waste on a datewithin 9 months from the date of re-moval from service for disposal of theaffected PCBs or PCB Items, as indi-cated on the manifest or continuationsheet; and

(2) The generator or commercial stor-er either has not received within 13months from the date of removal fromservice for disposal a Certificate of Dis-posal confirming the disposal of the af-fected PCBs or PCB Items, or the gen-erator or commercial storer receives aCertificate of Disposal confirming dis-posal of the affected PCBs or PCBItems on a date more than 1 year afterthe date of removal from service.

(e) The One-year Exception Reportshall include:

(1) A legible copy of any manifest orother written communication relevantto the transfer and disposal of the af-fected PCBs or PCB Items.

(2) A cover letter signed by the sub-mitter or an authorized representativeexplaining:

(i) The date(s) when the PCBs or PCBItems were removed from service fordisposal.

(ii) The date(s) when the PCBs orPCB Items were received by the sub-mitter of the report, if applicable.

(iii) The date(s) when the affectedPCBs or PCB Items were transferred toa designated disposal facility.

(iv) The identity of the transporters,commercial storers, or disposers knownto be involved with the transaction.

(v) The reason, if known, for thedelay in bringing about the disposal ofthe affected PCBs or PCB Items within1 year from the date of removal fromservice for disposal.

[54 FR 52752, Dec. 21, 1989, as amended at 55FR 26205, June 27, 1990; 58 FR 34205, June 23,1993]

§ 761.218 Certificate of disposal.(a) For each shipment of manifested

PCB waste that the owner or operatorof a disposal facility accepts by signingthe manifest, the owner or operator ofthe disposal facility shall prepare aCertificate of Disposal for the PCBsand PCB Items disposed of at the facil-ity, which shall include:

(1) The identity of the disposal facil-ity, by name, address, and EPA identi-fication number.

(2) The identity of the PCB waste af-fected by the Certificate of Disposal in-cluding reference to the manifest num-ber for the shipment.

(3) A statement certifying the fact ofdisposal of the identified PCB waste,including the date(s) of disposal, andidentifying the disposal process used.

(4) A certification as defined in§ 761.3.

(b) The Certificate of Disposal shallbe sent to the generator identified onthe manifest which accompanied theshipment of PCB waste within 30 daysof the date that disposal of the PCBwaste identified on the manifest wascompleted.

(c) The disposal facility shall keep acopy of each Certificate of Disposalamong the records that it retainsunder § 761.180(b).

(d)(1) Generators of PCB waste shallkeep a copy of each Certificate of Dis-posal that they receive from disposersof PCB waste among the records theyretain under § 761.180(a).

(2) Commercial storers of PCB wasteshall keep a copy of each Certificate ofDisposal that they receive from dispos-ers of PCB waste among the recordsthey retain under § 761.180(b).

PART 763—ASBESTOS

Subparts A–C [Reserved]

Subpart D [Reserved]

Subpart E—Asbestos-Containing Materialsin Schools

763.80 Scope and purpose.763.83 Definitions.763.84 General local education agency re-

sponsibilities.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.

Documents

Pt. 761 40 CFR Ch. I (7–1–97 Edition)§761.3 40 CFR Ch. I (7–1–97 Edition) person who shall by operation of law be authorized to carry out such functions. Agency means the