Megarule as an optional method for collecting new data at a cleanup
site under 40 CFR 761.61. The regulations do not preclude a person from
using a characterization sampling procedure designed to reduce the
deleterious effects that soil heterogeneity has on environmental data
prior to soil excavation.
    EPA finds that no changes are necessary based on public comments,
as addressed above. Therefore, EPA is finalizing the definition of
``as-found concentration'' as proposed.
Background on This Issue
    In the 1998 PCB Megarule, EPA allowed for a variance from the anti-
dilution provision for certain PCB remediation waste.\43\ Such
remediation waste is managed for disposal based on the concentration of
the PCBs found in the affected media at the time the waste is
discovered as opposed to the concentration of PCBs in the material that
was originally spilled, released, or otherwise disposed of at the site.
TSCA does not allow further iterative stages of successive dilution
such as by intentionally or fortuitously excavating soils affected by a
release from a regulated source into stockpiles with subsequent
characterization for disposal testing. The Agency clarified this
position by developing specific questions and answers related to as-
found concentrations in EPA's PCB Q&A Manual available on the EPA PCB
website at https://www.epa.gov/pcbs/polychlorinated-biphenyl-pcb-question-and-answer-manual-and-response-comment-documents. ``As-found
concentration'' is used in the PCB regulations particularly in
reference to PCB remediation waste. See Sec. Sec.  761.50(b) and
761.61.
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    \43\ 63 FR 35384, 35388; June 29, 1998.
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9. Clarify Sec.  761.61(a) Cleanups Must Comply With All Applicable
Requirements
Provisions in the Final Rule
    EPA is finalizing the changes to Sec.  761.61(a)(3)(ii) as
proposed. EPA is removing the phrase ``assume that it is complete and
acceptable'' from Sec.  761.61(a)(3)(ii) and adding text to that
provision clarifying that the subsequent cleanup and disposal must
comply with all applicable requirements in Sec.  761.61(a)(4) through
(9). See Sec.  761.61(a)(3)(ii). EPA is not making any other changes to
Sec.  761.61(a)(3)(ii). EPA is finalizing the changes to Sec.
761.61(a)(3)(ii) to ensure the notification that responsible parties
submit under Sec.  761.61(a) complies with all requirements of Sec.
761.61(a)(3)(i) and the subsequent cleanup and disposal complies with
all applicable requirements in Sec.  761.61(a)(4) through (9). The
person submitting the notification is responsible for verifying its
completeness and accuracy.
    The changes to 761.61(a)(3)(ii) do not impact the responsible
party's ability to proceed with the cleanup if the Agency does not
respond within 30 days. However, if upon review of the notification,
EPA determines that the notification does not contain all information
required by

Sec.  761.61(a)(3)(i), sufficient to ensure compliance with Sec.
761.61(a)(4) through (a)(9) at the site, the Agency may require the
submission of additional information. Furthermore, regardless of the
content of the notification, the cleanup and disposal must meet all
requirements of Sec.  761.61(a)(4) through (9). If the responsible
party has reason to believe their implementation of Sec.  761.61(a) may
not satisfy the regulatory requirements, it would be in their best
interest, from a compliance assurance perspective, to contact the
appropriate EPA Regional PCB Coordinator before the end of the 30-day
period, or at least before commencing the cleanup and disposal
activities. EPA also encourages responsible parties to contact the
appropriate EPA Regional PCB Coordinator to discuss the notification
and cleanup plan before submitting it to EPA. See the EPA PCB website
for a list of the EPA Regional PCB Coordinators at www.epa.gov/pcbs/program-contacts. In addition, PCB cleanup guidance (e.g., PCB Facility
Approval Streamlining Toolbox) is available on the EPA PCB website at
https://www.epa.gov/pcbs.
Discussion of the Public Comments
    EPA proposed to remove the phrase ``assume that it is complete and
acceptable'' from 761.61(a)(3)(ii) and to add language clarifying that
the subsequent cleanup and disposal must comply with all applicable
requirements in Sec.  761.61(a)(4) through (9). Two commenters
supported the proposed clarification that responsible parties must
ensure that notifications submitted to EPA under Sec.  761.61(a) and
the subsequent cleanup and disposal of PCB remediation waste under
Sec.  761.61(a) comply with all applicable requirements. Several
commenters opposed the proposed deletion of the phrase ``assume that it
is complete and acceptable'' from Sec.  761.61(a)(3)(ii). Commenters
proposed that EPA extend the 30-day timeframe for EPA to respond to a
notification to 60 days, expressed concerns with EPA identifying issues
after the responsible party begins the cleanup, and voiced concerns
with delayed cleanup implementation and increased cleanup costs. The
30-day timeframe for EPA to respond to a notification is intended to
prevent compromising the expeditious nature of Sec.  761.61(a) self-
implementing cleanups. The responsible party has the option to contact
EPA before submitting the notification to ensure they are preparing a
notification that meets all the requirements of Sec.  761.61(a). In
addition, the responsible party may contact EPA during the 30-day
period to go over the submitted notification with EPA. If EPA needs
additional information, EPA expects to request it within those 30 days.
    EPA finds that no changes are necessary based on public comments,
as addressed above. Therefore, EPA is finalizing changes to Sec.
761.61(a)(3)(ii) as proposed.
10. Harmonize PCB Concentration Language Regarding Cap Material
    The Agency is finalizing the proposal to correct a PCB remediation
waste cap requirement to provide consistency with the rest of the PCB
regulations. EPA received one public comment in support of this
provision.
    Previously, Sec.  761.61(a)(7) required that ``a cap shall not be
contaminated at a level >=1 ppm PCB per Aroclor\TM\ (or equivalent) or
per congener.'' EPA is deleting ``per Aroclor\TM\ (or equivalent) or
per congener'' to make this requirement consistent with the rest of the
PCB regulations. A PCB congener is a single PCB molecular structure,
with (a) chlorine atom(s) attached to the benzene rings in different
configurations. Aroclors are mixtures of these PCB congeners that were
manufactured between 1929 and 1979. There are 209 congeners and sixteen
known Aroclors.44 45
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    \44\ https://www.epa.gov/pcbs/table-polychlorinated-biphenyl-pcb-congeners.
    \45\ https://www.epa.gov/pcbs/table-aroclors.
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    The rest of the PCB regulations only specify requirements or
restrictions based on PCB concentrations, rather than PCB congener
concentrations or PCB Aroclor concentrations. The PCB regulations at
Sec.  761.1(b)(2) state ``Unless otherwise provided, PCBs are
quantified based on the formulation of PCBs present in the material
analyzed,'' which means that when PCBs are present as Aroclors (e.g.,
in PCB transformer oil), they may be measured and reported as Aroclors.
When PCBs are present as congeners that do not match an Aroclor pattern
(e.g., in weathered environmental samples), they should be measured as
congeners and reported as a sum of those congeners. Furthermore, there
is no technical or risk-based reason why PCB remediation waste cap
requirements should differ from other sections of the PCB regulations.
As a result, the new language simply requires that ``a cap shall not be
contaminated at a level >=1 ppm PCBs.'' This change is consistent with
how PCB concentrations are described in the rest of the TSCA PCB
regulations. See Sec.  761.61(a)(7).
11. Clarify Applicability of Deed Restrictions
    The Agency is finalizing the proposed clarifications to the
requirements for deed restrictions associated with PCB remediation
waste being left on-site under a self-implementing cleanup and disposal
activity under Sec.  761.61(a). EPA received one public comment in
support of this provision.
    The self-implementing cleanup and disposal option for PCB
remediation waste provides for varying cleanup levels based on the
occupancy level and the presence of a fence or cap. When cleanup levels
are based upon low occupancy of the cleanup area or the existence of a
fence or cap (either in high or low occupancy areas), deed restrictions
are required. See Sec.  761.61(a)(8). EPA's 2005 PCB Site
Revitalization Guidance confirms that Sec.  761.61(a)(8) requires a
deed restriction for all cleanups requiring caps or fences, and all
cleanups based on low-occupancy uses.\46\ However, portions of the
regulatory text previously suggested that the deed restriction must
reference low-occupancy status and the existence of a cap or fence in
every case, even though some sites with low occupancy cleanups will not
have caps or fences and some sites with caps or fences will not be low-
occupancy. To remedy any potential for confusion, EPA is finalizing
several minor edits to Sec.  761.61(a)(8) to clarify that deed
restrictions apply to any area with a cap, a fence, or a low occupancy
designation.
---------------------------------------------------------------------------

    \46\ Polychlorinated Biphenyl (PCB) Site Revitalization Guidance
Under the Toxic Substances Control Act (TSCA). November 2005. Page
13. https://www.epa.gov/sites/production/files/2015-08/documents/pcb-guid3-06.pdf.
---------------------------------------------------------------------------

    In addition, EPA is clarifying in Sec.  761.61(a)(8)(i)(A) that the
deed restriction should designate the portion of a property that is
subject to the deed restriction, when applicable. The deed restriction
should reference the location of the cap, fence, or low occupancy
portion in a format that makes sense for the site, for example,
latitude/longitude coordinates, street address, or annotated areal
image. EPA intends for the December 2012 Institutional Controls
document to provide guidance on how to effectively plan, implement,
maintain, and enforce deed restrictions required under Sec.
761.61(a)(8).\47\
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    \47\ Institutional Controls: A Guide to Planning, Implementing,
Maintaining, and Enforcing Institutional Controls at Contaminated
Sites. December 2012. https://www.epa.gov/sites/production/files/documents/final_pime_guidance_december_2012.pdf.

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12. Include Alternate Extraction and Analysis Under Sec.  761.61(c)--
PCB Remediation Waste
    The Agency is finalizing its proposal to clarify that, under a
Sec.  761.61(c) risk-based approval, a responsible party can be
permitted to perform extraction or analysis of PCB remediation waste in
a manner other than prescribed in Sec.  761.61(a) or (b), including in
lieu of a Subpart Q comparison study. Prior to this change, EPA's
practice has been to allow responsible parties to request the use of a
different extraction or analysis method for PCB remediation waste under
Sec.  761.61(c), as they are considered part of sampling requirements.
This change clarifies that responsible parties have this option, by
adding extraction and analysis to the list of modifiable requirements
under a Sec.  761.61(c) risk-based approval. EPA received two public
comments in support of this provision.
13. Include Alternate Extraction and Analysis Under Sec.  761.62(c)--
PCB Bulk Product Waste
    The Agency is finalizing its proposal to clarify that, under a
Sec.  761.62(c) risk-based approval, a responsible party can be
permitted to perform extraction or analysis of PCB bulk product waste
in a manner other than prescribed in Sec.  761.62(a) or (b). Prior to
this change, EPA's practice has been to allow responsible parties to
request the use of a different extraction or analysis method for PCB
bulk product waste under Sec.  761.62(c), as they are considered part
of sampling requirements. This change clarifies that responsible
parties have this option, by adding extraction and analysis to the list
of modifiable requirements under a Sec.  761.62(c) risk-based approval.
EPA received no public comments on this provision.
14. Include Alternate Extraction and Analysis Under Sec.  761.79(h)--
Decontaminated Material
    The Agency is clarifying that, under a Sec.  761.79(h) approval, a
responsible party can be permitted to perform extraction or analysis of
decontaminated material in a manner other than prescribed in Sec.
761.79(f). Prior to this change, EPA's practice has been to allow
responsible parties to request to modify or replace the use of an
extraction or analysis method for decontaminated material under Sec.
761.79(h), as they are considered part of sampling procedure. This
change clarifies that responsible parties have this option, by adding
extraction and analysis to the list of modifiable requirements under a
Sec.  761.79(h) approval. EPA received no public comments on this
provision.
15. Clarify Sampling Procedure for Non-Porous Surfaces
    The Agency is finalizing its proposal to correct an inconsistency
with respect to non-porous surfaces in the site characterization
requirements for self-implementing cleanups of PCB remediation waste
under Sec.  761.61(a). The site characterization requirements in Sec.
761.61(a)(2) provide that site characterization may be conducted using
procedures included in 40 CFR part 761, subpart N. The method found in
Subpart N for sampling non-porous surfaces specifies that the sampling
area shall be divided into ``square portions approximately 2 meters on
each side'' and to ``[f]ollow the procedures in Sec.  761.302(a).'' See
Sec.  761.267(a). However, Sec.  761.302(a), which is the section of
the PCB regulations pertaining to post-cleanup sampling of non-porous
surfaces, specifies dividing the surface into 1-meter square portions
instead of 2-meter square portions. EPA is amending Sec.  761.267 by
adding the following italicized language to this provision, ``Follow
the procedures in Sec.  761.302(a), with the exception of the sampling
grid size,'' to correct the inconsistency. This change reflects the way
in which EPA has already been addressing the inconsistency. EPA
received two public comments in support of this provision.
16. Add Unit to Concentration in Sec.  761.1(b)(3)
    The Agency is finalizing its proposal to modify text in Sec.
761.1(b)(3) to read ``PCB concentrations of >10 [micro]g/100 cm\2\.''
Previously, Sec.  761.1(b)(3) listed a concentration with only partial
units of reference, ``PCB concentrations of >10/100 cm\2\,'' which was
meaningless as written. It is clear from context that the text should
have read ``PCB concentrations of >10 [micro]g/100 cm\2\,'' which is
how surface concentrations otherwise appear throughout the PCB
regulations, including, for example in Sec.  761.79(b). EPA received
one public comment in support of this revision. EPA also proposed to
harmonize the ``greater/less than'' and ``greater/less than or equal
to'' symbols in this section but is not finalizing that change, as
doing so might create some inconsistency with the definitions section
of the PCB regulations.
17. Update References to ASTM Methods
    The regulations at Sec.  761.19 incorporate by reference several
ASTM test method standards that have since been updated. EPA is adding
three updated methods, removing a withdrawn method, updating a method
which was withdrawn and replaced with a newer method, and updating
references to two methods which are currently unavailable on ASTM's
website. These ASTM standards reflect the current consensus of ASTM
members. EPA is making the following changes:
    ASTM D93-09, Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester, was approved by ASTM in 2009 and added to the
PCB regulations in 2012 at Sec. Sec.  761.71(b)(2)(vi) and
761.75(b)(8)(iii).\48\ EPA is adding as an alternative ASTM D8175-18,
Test Method for Finite Flash Point Determination of Liquid Wastes by
Pensky-Martens Closed Cup Tester.
---------------------------------------------------------------------------

    \48\ 77 FR 2463, Jan. 18, 2012.
---------------------------------------------------------------------------

    ASTM D3278-89, Standard Test Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus, was approved by ASTM in 1989 and added
to the PCB regulations in 1992 at Sec.  761.75(b)(8)(iii).\49\ EPA is
replacing the updated version, ASTM D3278-96 (Reapproved 2011),
Standard Test Methods for Flash Point of Liquids by Small Scale Closed-
Cup Apparatus, and adding ASTM D8174-18, Test Method for Finite Flash
Point Determination of Liquid Wastes by Small Scale Closed Cup Tester.
---------------------------------------------------------------------------

    \49\ 57 FR 13323, Apr. 16, 1992.
---------------------------------------------------------------------------

    EPA is removing ASTM D2784-89, Standard Test Method for Sulfur in
Liquified Petroleum Gases (Oxy-hydrogen Burner or Lamp) from Sec.
761.19 and Sec.  761.71(a)(2)(vi). This test method was withdrawn in
June 2016 because it is archaic and not used in the industry.\50\
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    \50\ https://compass.astm.org/Standards/WITHDRAWN/D2784.htm.
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    EPA is removing ASTM D3178-84, Standard Test Methods for Carbon and
Hydrogen in the Analysis Sample of Coke and Coal, replacing it with
D5373-16, Standard Test Methods for Determination of Carbon, Hydrogen
and Nitrogen in Analysis Samples of Coal and Carbon in Analysis Samples
of Coal and Coke, in Sec. Sec.  761.19 and 761.71(b)(2)(vi). ASTM
D3178-84 was replaced in June 2007 because there was no reproducibility
statement for D3178.\51\
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    \51\ https://compass.astm.org/Standards/WITHDRAWN/D3178.htm.
---------------------------------------------------------------------------

    EPA is replacing ASTM D482-87, Standard Test Method for Ash from
Petroleum Products, with ASTM D482-13, Standard Test Method for Ash
from Petroleum Products, in Sec.  761.71(a)(2)(vi). EPA is also
replacing

ASTM D3278-89, Standard Test Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus, with ASTM D3278-96(R2011), Standard
Test Methods for Flash Point of Liquids by Small Scale Closed-Cup
Apparatus, in Sec.  761.75(b)(8)(iii) (see above). ASTM began building
its electronic library of standards in the 1990s, so the 1987 version
of ASTM D482 and the 1989 version of ASTM D3278 are no longer available
from the ASTM website. Therefore, the Agency is updating ASTM D482-87
and ASTM D3278-89 to list the most recent versions of the methods.
    EPA has found that most of the entities that would have to comply
with these standards are already familiar with them, since it would be
difficult to be in the business of testing for PCBs without being
familiar with these industry consensus standards. The standards are all
readily available electronically or in print and are relatively
inexpensive. See Sec.  761.19. EPA received one public comment in
support of this provision.
18. Require a Wipe Sample Under Sec.  761.30(i)(4)
    Section 761.30(i)(4), which governs characterization of PCB
contamination in natural gas pipe or natural gas pipeline systems,
previously read, in part, ``if no liquids are present, they must use
standard wipe samples in accordance with Subpart M of this part.'' This
language might be read to mean that all natural gas pipe or natural gas
pipeline systems must be characterized using standard wipe samples if
no liquids are present. However, this text was meant to convey that if
any person chooses to characterize natural gas pipe or natural gas
pipeline systems that do not contain liquids, then they must do so
using wipe samples.\52\ Therefore, EPA is finalizing its proposal to
replace the text with: ``if no liquids are present and they decide, in
their discretion, to characterize PCB contamination, the person must
use standard wipe samples in accordance with Subpart M of this part.''
See Sec.  761.30(i)(4). EPA received three public comments in support
of this provision.
---------------------------------------------------------------------------

    \52\ See PCB Q&A Manual. June 2014. Pg. 23 (``Under the use
authorization provisions at Sec.  761.30(i), if a pipeline system
once contained liquids at 50 ppm or greater but is now relatively
dry (i.e., there are no liquids available to test at existing
condensate collection points), then the owner/operator of the
pipeline system has no further sampling and analysis to do until
such time as liquids appear. EPA did not intend to require wipe
sampling for characterizing natural gas pipeline systems in use. . .
.''). https://www.epa.gov/sites/production/files/2015-08/documents/qacombined.pdf.
---------------------------------------------------------------------------

19. High Efficiency Boilers Approval Application Requirements
    EPA is finalizing its proposal to correct an editorial error in
Sec.  761.71. This section describes the required operating parameters
for high efficiency boilers that dispose of PCB waste. The requirements
for high efficiency boilers are divided into two sections, a section
for burning PCB-contaminated mineral oil dielectric fluid at Sec.
761.71(a) and a section for burning any other PCB-contaminated fluids
at Sec.  761.71(b). Mineral oil dielectric fluid is an insulating fluid
used in electrical equipment such as transformers. Other PCB-
contaminated fluids might include used oil, contaminated water, and
hydraulic fluid. Section 761.71(b) regulates high efficiency boilers
that burn PCB liquids other than mineral oil dielectric fluid, so EPA
is amending Sec.  761.71(b)(2)(iv) to correct an error by replacing the
phrase ``mineral oil dielectric fluid'' with ``PCB liquids.'' See Sec.
761.71(b)(2)(iv). EPA received one public comment in support of this
provision.
20. Mailing Address for Annual Reports
    The owner or operator of any PCB disposal facility or commercial
storage facility submits an annual report to the EPA Regional
Administrator for the region in which the facility is located, pursuant
to Sec.  761.180(b)(3). EPA is finalizing its proposal to change the
recipient of the annual reports from the Regional Administrator to the
Director of the Office of Resource Conservation and Recovery, which is
the office in EPA Headquarters that manages the PCB cleanup and
disposal program. An analogous change is also being made in Sec.  761.3
under the definition of annual report. This change will reduce the
administrative burden on the Agency of compiling the data in the annual
reports, which is used to inform Agency actions. The address for
submission will be displayed prominently on the mandatory form. See
Sec. Sec.  761.3 and 761.180(b)(3). EPA received one public comment in
support of this provision.
21. Update Address for Submission of EPA Form 7710-53
    EPA is finalizing its proposal to remove the address for submission
of EPA form 7710-53, ``Notification of PCB Activity,'' from the
regulations. This change will allow EPA to more easily update the
mailing address in the future without undertaking a regulatory change.
The mailing address will continue to appear on the form itself and can
be updated through the Information Collection Request (ICR) process.
This change will expedite future address changes and thus streamline
the distribution of mail and reduce the processing time for these
forms. See Sec. Sec.  761.205(a)(3) and 761.205(d). EPA received one
public comment in support of this provision.
22. Add Field for Facility Email Address and EPA PCB Email Address to
EPA Form 7710-53
    EPA is finalizing its proposal to require that an email address
must be submitted on the EPA form 7710-53, ``Notification of PCB
Activity.'' Additionally, EPA is adding the EPA PCB email address
([email protected]) to the notification form to facilitate any questions
from members of the public. These changes will improve communication
and reduce the processing time for these forms. Any Notification of PCB
Activity form submitted prior to the effective date of this rulemaking
will not be required to be resubmitted, unless the facility would like
to add or update information (including the email address). See
Sec. Sec.  761.205(a)(3) and 761.205(d).
    EPA received one public comment in support of this provision and
one public comment which questioned if EPA form 7710-53 will need to be
resubmitted to provide an email address. The form will not be required
to be resubmitted to provide an email address, and only needs to be
resubmitted if something changes at the site. While not mandating
resubmission, the Agency does encourage sites to resubmit the form to
supply an email address.
23. Sample Site Selection Instructions for Pipelines
    Subpart M provides a number of steps that must be followed when
selecting the locations for sampling to characterize natural gas
pipeline. EPA found that, due to rounding errors, the instructions for
a length of pipe greater than seven segments but shorter than three
miles in length were incorrect. EPA is finalizing its proposal to
modify the instructions and the example given in Sec.
761.247(b)(2)(ii)(B) to clarify where each sample must be taken along
pipes of this length. This change is a technical correction and does
not influence the number of samples taken or the burden on the owner or
operator of the pipe. See Sec.  761.247(b)(2)(ii)(B). EPA received one
public comment in support of this provision.
24. Remove Reference to Method 3500B
    SW-846 is organized such that several similar methods are grouped
together in

a series. The 3500 series contains extraction procedures used for the
preparation of samples for analysis of organic parameters. These
techniques include Liquid-Liquid Extraction, Solid-Phase Extraction,
Soxhlet Extraction, and Supercritical Fluid Extraction, among others.
Method 3500B (recently updated to Method 3500C) is not a detailed
method where step-by-step instructions are discussed.53 54
Rather, Method 3500B simply provides general guidance for all the
methods within its series (i.e., the 3500 series), including the
extraction methods being added as part of this rulemaking. Also, Method
3500B or 3500C is already referenced in every 3500 series method EPA is
adding to the PCB regulations. Therefore, EPA feels that it is
unnecessary to reference Method 3500B in the PCB regulations directly
and is removing the reference from the PCB regulations. The removal of
Method 3500B from the regulations does not influence any of the 3500
series methods currently in or being added to the PCB regulations. The
PCB regulatory sections affected are Sec. Sec.
761.61(a)(5)(i)(B)(2)(iv), 761.253, 761.272, 761.292, 761.358, and
761.395. EPA received one public comment in support of this provision.
---------------------------------------------------------------------------

    \53\ U.S. EPA, Method 3500B Organic Extraction and Sample
Preparation. Office of Land and Emergency Management, Office of
Resource Conservation and Recovery, Materials Recovery and Waste
Management Division (5303P). Washington, DC December 1996.
    \54\ U.S. EPA, Method 3500C Organic Extraction and Sample
Preparation. Office of Land and Emergency Management, Office of
Resource Conservation and Recovery, Materials Recovery and Waste
Management Division (5303P). Washington, DC February 2007.
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25. Correct References to SW-846
    The official title of the EPA publication known as SW-846 was
updated from ``Test Methods for Evaluating Solid Waste'' to ``Test
Methods for Evaluating Solid Waste: Physical/Chemical Methods.'' There
are several references to this publication throughout the PCB
regulations. EPA is finalizing its proposal to update the definition of
SW-846 in Sec.  761.3 with the current official title and to refer to
it as ``SW-846'' throughout the PCB regulations, for readability. See
Sec. Sec.  761.3, 761.60(g)(1)(iii), 761.61(a)(5)(i)(B)(2)(iv),
761.253(a), 761.272, 761.292, 761.358, 761.395(b)(1). EPA received one
public comment in support of this provision.
26. Correct References to EPA's PCB Website
    Throughout the PCB regulations, there are several references to
EPA's PCB website. In 2015, as part of a redesign, the URL for the EPA
PCB web page changed from https://www.epa.gov/pcb to https://www.epa.gov/pcbs. EPA is finalizing its proposal to update those
references throughout the PCB regulations. See Sec. Sec.  761.130(e),
761.205(a)(3), 761.243(a), 761.386(e). EPA received one public comment
in support of this provision, and one comment that suggested removing
weblinks completely from the PCB regulations to avoid the need for
future updates. EPA finds, however, that periodic maintenance of web
links in the regulations is outweighed by the benefits of providing a
direct link in the PCB regulations to applicable information for the
regulated community.
27. Change ``He'' to ``They''
    The PCB regulations previously referred to generic individuals such
as the Regional Administrator or facility owners as ``he,'' ``his,''
``he/she,'' or ``he or she.'' EPA is finalizing its proposal to replace
all such references with the gender neutral ``they'' and ``their.'' See
Sec. Sec.  761.3, 761.20(e)(3)(ii)(B), 761.20(e)(4)(i),
761.20(e)(4)(ii), 761.50(b)(3)(i)(A), 761.60(b)(2)(v)(C),
761.61(a)(8)(i)(B), 761.65(g), 761.65(h), 761.70(d)(4)(i),
761.75(c)(3)(i), 761.75(c)(4), 761.77(a)(1)(ii)(B), 761.77(a)(2),
761.77(b), 761.120(b)(2), 761.125(c)(3)(iii), 761.125(c)(4)(iv),
761.180(b)(4), 761.207(c), 761.212(a), 761.213(a)(4), 761.213(b),
761.214(a), 761.216(a), 761.217(a)(2)(ii). EPA received one public
comment in support of this provision.
28. Change ``On Site'' to ``On-Site''
    The term ``on site'' is included in the definitions at Sec.  761.3,
but the PCB regulations previously used the term ``on-site''
throughout. EPA is finalizing its proposal to modify Sec.  761.3 to
read ``on-site'' to improve the readability of the PCB regulations. See
Sec.  761.3. EPA received no public comments on this provision.
29. Correct Reference to Methods for Standard Wipe Test Samples
    Section 761.314 ``Chemical analysis of standard wipe test samples''
previously instructed the reader to ``perform the chemical analysis of
standard wipe test samples in accordance with Sec.  761.272.'' While
Sec.  761.272 does contain the allowable methods for wipe test samples,
it also lists several other methods that would not be appropriate for
wipe test samples. This reference has been corrected to Sec.  761.253,
which is specific to wipe samples. EPA received one public comment in
support of this provision.
30. Incorporation by Reference
    The Agency is incorporating by reference SW-846 Test Methods 3541,
3545A, 3546, 3510C, 3520C, 3535A, 3550C, and 8082A into 40 CFR part 761
under Sec. Sec.  761.60, 761.61, 761.253, 761.272, 761.292, 761.358,
and 761.395. Finally, the Agency is incorporating by reference ASTM
standards D482-13, D3278-96(R2011), D4059-00, D5373-16, D8174-18, and
D8175-18 into 40 CFR part 761 under Sec. Sec.  761.60, 761.71, and
761.75. (See section II.B of this preamble for summaries of the IBR
material.)
    The following standards appear in the amendatory text of this
document and have already been approved for the locations in which they
appear: ASTM D93-09, D129-64(R1968), D240-87, D524-88, D808-87, D923-
86, D923-89, D1266-87, D1796-83, D2158-89, D2709-88, and E258-67.
    The SW-846 Test Methods being incorporated by reference are
published in the test methods compendium known as, ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846, Third Edition, available at https://www.epa.gov/hw-sw846. ASTM
materials may be obtained from ASTM International, 100 Barr Harbor Dr.,
P.O. Box C700, West Conshohocken, PA 19428-2959, or by calling (877)
909-ASTM, or at www.astm.org. EPA methods being incorporated by
reference are also included in the docket. EPA received one public
comment in support of this provision.

IV. Economic Impacts of the Final Rulemaking

    One focus of the final rule is expanding the allowable PCB
extraction methods, which impacts testing laboratories (NAICS code
541380) that currently perform PCB extractions under TSCA. Based on
method-specific certifications and communication with laboratory
personnel, EPA estimates that approximately 19 laboratories are
impacted by the rule. Further, EPA estimates that these 19 laboratories
perform approximately 65,000 relevant extractions each year. Some
laboratories may experience a one-time cost of purchasing equipment
used to perform one of the extraction methods. However, the decreases
in solvent and labor hours required to perform the extraction methods
are expected to result in net annual cost savings of approximately $4.7
million, annualized at a discount rate of seven percent. The cost
savings at a discount rate of three percent is $6.6 million.

    The revisions to Sec.  761.61(b) may impact any facility performing
a PCB site remediation under Sec.  761.61(b). No data are available on
the exact number of Sec.  761.61(b) remediations performed annually,
but EPA estimates that there will be between 430 and 460 relevant
remediations per year, based on an analysis of 2018 and 2019 hazardous
waste manifests. Certain aspects of this provision increase burden on
the regulated community through certain requirements (e.g.,
recordkeeping, notification, sampling). However, EPA is also allowing
for disposal of relevant waste at RCRA Subtitle C landfills under Sec.
761.61(b), in addition to the existing disposal options (e.g., TSCA
landfills, TSCA incinerators), which will decrease transportation and
disposal costs related to non-hazardous, non-liquid PCB remediation
waste for the regulated community. Overall, the revisions to Sec.
761.61(b) are expected to result in net annual cost savings between
$9.8 million and $11.5 million, annualized at a discount rate of seven
percent and three percent, respectively.
    Disallowing PCB bulk product waste to be used as roadbed material
has the potential to create a slight increase in costs for the
regulated community. Facilities that would have used PCB bulk product
waste on-site as roadbed material under asphalt now have to pay to
transport the waste to a municipal solid waste landfill and pay the
associated tipping fee for disposal. EPA believes that the practice of
using PCB bulk product waste as roadbed is exceedingly rare. However,
in an effort to incorporate all potential impacts of the final rule,
the Economic Assessment modeled a single party using PCB bulk product
waste as roadbed per year. EPA estimates that the cost increase for the
regulated community will be between $740 and $6,630 per year.
    EPA anticipates that the added flexibilities for emergency
situations will result in cost savings for the regulated community. EPA
estimates that there will be between 12 and 60 emergencies each year
where the regulated community may use the flexibilities. A lack of data
prevents an overall quantitative estimate of the cost savings from this
provision. However, impacted parties are expected to save money and
time by avoiding delays associated with searches for the source of the
spill during an emergency situation where the search is likely to be
time-consuming and unsuccessful, and by being able to manage waste
under the less burdensome procedures of Sec.  761.125(b), rather than
Sec.  761.125(c). The regulated community is also expected to see a
decrease in sampling and testing expenditures.
    The change to harmonize the general disposal requirements for PCB
remediation waste is in line with current EPA policy, guidance and
practice. Therefore, EPA estimates that this change will not have any
economic impact.
    The Economic Assessment for the final rule is constrained by the
lack of relevant data, largely because the final rule makes changes to
provisions that are self-implementing and/or require no EPA
notification. EPA has quantified costs and cost savings when possible.
When quantification has not been possible, EPA has analyzed the costs
and cost savings qualitatively. The Economic Assessment associated with
the final rule can be referenced for a greater level of detail related
to the costs and benefits of the revisions.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review under Executive
Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563
(76 FR 3821, January 21, 2011). Any changes made in response to OMB
recommendations have been documented in the docket. The Economic
Assessment is available in the docket and is summarized in Section I.D
What are the projected economic impacts of this action? of the
preamble.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this final rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA, 44 U.S.C. 3501 et seq. The Information Collection
Request (ICR) document that the EPA prepared has been assigned EPA ICR
number 2688.02 (2050-NEW). You can find a copy of the ICR in the docket
for this rule, and it is briefly summarized here.
    Respondents/affected entities: The information collection
requirements of the final rule affect facilities that will read the
final rule, responsible parties using Sec.  761.61(b)(1) performance-
based cleanup, responsible parties using Sec.  761.66 waivers in
emergency situations, commercial storers and disposers submitting
annual reports, and entities submitting Notification of PCB Activity
forms.
    Respondent's obligation to respond: The recordkeeping and
notification requirements are required for parties performing relevant
activities (e.g., using Sec.  761.66 waivers in emergency situations).
These requirements are described in detail in the ICR Supporting
Statement.
    Estimated number of respondents: 1,085.
    Frequency of response: On occasion/as necessary.
    Total estimated burden: 8,276 hours.
    Total estimated cost: $1,051,643.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under RFA, 5 U.S.C.
601 et seq. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves burden or has
no net burden on the small entities subject to the rule. These changes
would reduce the impacts on all small entities subject to the rule, so
there are no significant impacts to any small entities. We have
therefore concluded that this action will relieve regulatory burden for
all directly regulated small entities. Details of this analysis are
presented in the Economic Assessment, which is in the public docket for
this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. EPA estimates that
the final rule would result in net annual cost savings of between $14.4
and $16.2 million, assuming a seven percent discount rate ($16.3 to
$18.1 at a three percent discount rate). As a result, EPA expects that
the rule would not result in annual expenditures exceeding $100 million
annually and therefore would not be subject to requirements of section
202 of UMRA as listed above.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and

responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because the
action is not expected to result in any adverse environmental or human
health impacts on Tribal entities. In addition, the action is expected
to result in a cost savings and is not expected to result in any
adverse financial impacts on Tribal entities. Thus, Executive Order
13175 does not apply to this rule. Consistent with the EPA Policy on
Consultation and Coordination with Indian Tribes, the EPA prepared a
Tribal consultation and coordination plan and sent a letter to the
tribes on July 13, 2021, inviting consultation. EPA did not receive any
comments from tribes.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR. 19885,
April 23, 1997) because it is not an economically significant
regulatory action as defined by Executive Order 12866. In addition,
because the rule would not increase risk related to exposure to
hazardous materials, the Agency does not believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' under Executive
Order 13211, ``Actions Concerning Regulations that Affect Energy
Supply, Distribution, or Use'' (May 18, 2001) because it is not likely
to have a significant adverse effect on the supply, distribution or use
of energy. The proposed rule would not directly regulate energy
production or consumption and is expected to result in net cost
savings.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. In this rulemaking, the
EPA incorporates voluntary consensus standards (VCSs) developed by both
ASTM and the Agency into the rulemaking, consistent with the National
Technology Transfer and Advancement Act (NTTAA). These VCSs support PCB
cleanups as well sampling activities including the extraction and
analysis of PCBs. For more details on the technical standards that EPA
is using in this rulemaking, please see Section III.G.--Incorporation
by Reference.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or indigenous
peoples) and low-income populations.
    The EPA believes that the human health or environmental conditions
that exist prior to this action result in or have the potential to
result in disproportionate and adverse human health or environmental
effects on people of color, low-income populations and/or indigenous
peoples. Examples of these potential disproportionate effects include
PCB contamination occuring more frequently in these communities, as
well as disproportionate effects from emergency situations and climate
change.
    The EPA believes that this action is likely to reduce existing
disproportionate and adverse effects on people of color, low-income
populations and/or indigenous peoples. Generally, the final rule will
modernize the PCB regulations, making it easier and more affordable to
clean up contaminated sites, while continuing to ensure that the
requirements remain protective of health and the environment.
Underserved, disadvantaged, and overburdened communities are expected
to benefit from quicker, more cost-effective, compliant cleanups under
the final rule. For example, adding explicit cleanup provisions under
Sec.  761.61(b), including the requirements to notify EPA and follow
specific sampling protocols, will provide additional assurance that
sites are properly remediated and enhance compliance and enforcement.
Furthermore, the increased flexibility for emergency situations
provided under Sec.  761.66 will allow the Agency to work
collaboratively with responsible parties to more quickly respond to
releases of PCBs caused by natural disasters and other emergency
situations, which can disproportionately impact such communities.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 761

    Environmental protection, Hazardous substances, Incorporation by
reference, Labeling, Polychlorinated biphenyls (PCBs), Reporting and
recordkeeping requirements.

Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations, part 761 is amended as follows:

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

0
1. The authority citation for part 761 continues to read as follows:

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

Subpart A--General

0
2. Amend Sec.  761.1 by revising paragraph (b)(3) to read as follows:

Sec.  761.1  Applicability.

* * * * *
    (b) * * *
    (3) Most provisions in this part apply only if PCBs are present in
concentrations above a specified level. Provisions that apply to PCBs
at concentrations of <50 ppm apply also to contaminated surfaces at PCB
concentrations of <=10 [mu]g/100 cm\2\. Provisions that apply to PCBs
at concentrations of >=50 to <500 ppm apply also to contaminated
surfaces at PCB concentrations of >10 [mu]g/100 cm\2\ to <100 [mu]g/100
cm\2\. Provisions that apply to PCBs at concentrations of >=500 ppm
apply also to contaminated surfaces at PCB concentrations of >=100
[mu]g/100 cm\2\.
* * * * *

0
3. Amend Sec.  761.3 by:
0
a. Revising definitions for ``Administrator'' and ``Annual report'';
0
b. Adding in alphabetical order the definition for ``As-found
concentration'';
0
c. Revising the definition for ``ASTM'';
0
d. Adding in alphabetical order definitions for ``CWA'', ``Director,
Office

of Resource Conservation and Recovery'', and ``Emergency situation'';
0
e. Revising definitions for ``Non-porous surface'' and ``NTIS'';
0
f. Removing the definition for ``On site'' and adding in its place the
definition for ``On-site''; and
0
g. Revising definition for ``SW-846''.
    The revisions and additions read as follows:

Sec.  761.3  Definitions.

* * * * *
    Administrator means the Administrator of the Environmental
Protection Agency, or any employee of the Agency to whom the
Administrator may either herein or by order delegate their authority to
carry out their functions, or any person who shall by operation of law
be authorized to carry out such functions.
* * * * *
    Annual report means the completed EPA Form 6200-025 submitted each
year by each disposer and commercial storer of PCB waste to the
Director, Office of Resource Conservation and Recovery. The annual
report is a brief summary of the information included in the annual
document log.
* * * * *
    As-found concentration means the concentration measured in samples
collected in-situ (i.e., prior to being moved or disturbed for cleanup
and/or disposal) from environmental media or material, unless otherwise
specifically provided. For example, media must not be disturbed, nor
may they be diluted (e.g., excavated, placed on a pile, and sampled
after such placement), before characterization sampling is conducted.
Sampling media in piles and existing accumulations would be considered
``as-found'' if the media were already in piles when the site was first
visited by the responsible party, such as during the redevelopment of
abandoned properties with historic PCB contamination. The as-found
concentration is distinct from the source concentration, which is the
concentration of the PCBs in the material that was originally spilled,
released, or otherwise disposed of at the site.
    ASTM means ASTM International, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
* * * * *
    CWA means Clean Water Act, also known as the Federal Water
Pollution Control Act (33 U.S.C. 12-51 et seq.).
* * * * *
    Director, Office of Resource Conservation and Recovery means the
Director of the Office of Resource Conservation and Recovery of the
Office of Land and Emergency Management of the United States
Environmental Protection Agency. Submissions to the Director shall be
sent to 1200 Pennsylvania Ave. NW, MC5303T, Washington, DC 20460 or
through an electronic method of submission, as applicable.
* * * * *
    Emergency situation means adverse conditions caused by manmade or
natural incidents that threaten lives, property, or public health and
safety; require prompt responsive action from the local, State, Tribal,
territorial, or Federal government; and result in or are reasonably
expected to result in: (1) A declaration by either the President of the
United States or Governor of the affected State of a natural disaster
or emergency; or, (2) an incident funded under FEMA via a Stafford Act
disaster declaration or emergency declaration. Examples of emergency
situations may include civil emergencies or adverse natural conditions,
such as hurricanes, earthquakes, or tornados.
* * * * *
    Non-porous surface means a smooth, unpainted solid surface that
limits penetration of liquid containing PCBs beyond the immediate
surface. Examples are: smooth uncorroded metal; natural gas pipe with a
thin porous coating originally applied to inhibit corrosion; smooth
glass; smooth glazed ceramics; impermeable polished building stone such
as marble or granite; and medium- and high-density plastics, such as
polycarbonates and melamines, that do not absorb solvents.
    NTIS means the National Technical Information Service, 5301 Shawnee
Road, Alexandria, VA 22312, telephone:<PHONE_NUMBER>.
    On-site means within the boundaries of a contiguous property unit.
* * * * *
    SW-846 means the document having the title ``SW-846, Test Methods
for Evaluating Solid Waste: Physical/Chemical Methods,'' also known as
the SW-846 Compendium, which is available online at https://www.epa.gov/hw-sw846.
* * * * *

0
4. Section 761.19 is revised to read as follows:

Sec.  761.19  Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the Environmental Protection
Agency (EPA) and at the National Archives and Records Administration
(NARA). Contact EPA at EPA Docket Center (EPA/DC), Rm. 3334, EPA West
Bldg., 1301 Constitution Ave. NW, Washington, DC 20460-0001; (202) 566-
0270; www.epa.gov/dockets. For information on the availability of this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the following sources:
    (a) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959; (877) 909-ASTM www.astm.org.
    (1) ASTM D93-09, Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester, approved December 15, 2009; IBR approved for
Sec. Sec.  761.71; 761.75.
    (2) ASTM D129-64 (Reapproved 1968), Standard Test Method for Sulfur
in Petroleum Products (General Bomb Method), approved 1968; IBR
approved for Sec.  761.71.
    (3) ASTM D240-87, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuel by Bomb Calorimeter, approved March 27, 1987;
IBR approved for Sec.  761.71.
    (4) ASTM D482-13, Standard Test Method for Ash from Petroleum
Products, approved June 15, 2013; IBR approved for Sec.  761.71.
    (5) ASTM D524-88, Standard Test Method for Ramsbottom Carbon
Residue of Petroleum Products, approved 1988; IBR approved for Sec.
761.71.
    (6) ASTM D808-87, Standard Test Method for Chlorine in New and Used
Petroleum Products (Bomb Method), approved 1987; IBR approved for Sec.
761.71.
    (7) ASTM D923-86, Standard Test Method for Sampling Electrical
Insulating Liquids, Approved 1986, IBR approved for Sec.  761.60.
    (8) ASTM D923-89, Standard Methods of Sampling Electrical
Insulating Liquids, approved 1989; IBR approved for Sec.  761.60.
    (9) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum
Products (Lamp Method), approved 1987; IBR approved for Sec.  761.71.
    (10) ASTM D1796-83 (Reapproved 1990), Standard Test Method for
Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory
Procedure), approved 1990; IBR approved for Sec.  761.71.
    (11) ASTM D2158-89, Standard Test Method for Residues in Liquified
Petroleum (LP) Gases, approved 1989; IBR approved for Sec.  761.71.
    (12) ASTM D2709-88, Standard Test Method for Water and Sediment in

Distillate Fuels by Centrifuge, approved 1988; IBR approved for Sec.
761.71.
    (13) ASTM D3278-96 (Reapproved 2011), Standard Test Methods for
Flash Point of Liquids by Small Scale Closed-Cup Apparatus, approved
June 1, 2011; IBR approved for Sec.  761.75.
    (14) ASTM D4059-00, Standard Test Method for Analysis of
Polychlorinated Biphenyls in Insulating Liquids by Gas Chromatography,
approved October 10, 2000; IBR approved for Sec.  761.60.
    (15) ASTM D5373-16, Standard Test Methods for Determination of
Carbon, Hydrogen and Nitrogen in Analysis Samples of Coal and Carbon in
Analysis Samples of Coal and Coke, approved September 1, 2016; IBR
approved for Sec.  761.71.
    (16) ASTM D8174-18, Test Method for Finite Flash Point
Determination of Liquid Wastes by Small Scale Closed Cup Tester,
approved March 15, 2018; IBR approved for Sec. Sec.  761.71; 761.75.
    (17) ASTM D8175-18, Test Method for Finite Flash Point
Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester,
approved March 15, 2018; IBR approved for Sec. Sec.  761.71; 761.75.
    (18) ASTM E258-67 (Reapproved 1987), Standard Test Method for Total
Nitrogen Inorganic Material by Modified KJELDAHL Method approved 1987;
IBR approved for Sec.  761.71.
    (b) EPA, Office of Resource Conservation and Recovery, 1200
Pennsylvania Ave. NW (5304T), Washington, DC 20460; www.epa.gov/hw-sw846.
    (1) SW-846 Method 3510C, Separatory Funnel Liquid-Liquid
Extraction, Revision 3, Approved December 1996; IBR approved for
Sec. Sec.  761.61, 761.272, and 761.292.
    (2) SW-846 Method 3520C, Continuous Liquid-Liquid Extraction,
Revision 3, Approved December 1996; IBR approved for Sec. Sec.  761.61,
761.272, and 761.292.
    (3) SW-846 Method 3535A, Solid-Phase Extraction (SPE), Revision 1,
Approved February 2007; IBR approved for Sec. Sec.  761.61, 761.272,
and 761.292.
    (4) SW-846 Method 3540C, Soxhlet Extraction, Revision 3, Approved
December 1996; IBR approved for Sec. Sec.  761.61, 761.253, 761.272,
761.292, 761.358, and 761.395.
    (5) SW-846 Method 3541, Automated Soxhlet Extraction, Approved
September 1994; IBR approved for Sec. Sec.  761.61, 761.253, 761.272,
761.292, 761.358, and 761.395.
    (6) SW-846 Method 3545A, Pressurized Fluid Extraction (PFE),
Revision 1, Approved February 2007; IBR approved for Sec. Sec.  761.61,
761.253, 761.272, 761.292, 761.358, and 761.395.
    (7) SW-846 Method 3546, Microwave Extraction, Approved February
2007; IBR approved for Sec. Sec.  761.61, 761.253, 761.272, 761.292,
761.358, and 761.395.
    (8) SW-846 Method 3550C, Ultrasonic Soxhlet Extraction, Revision 3,
Approved February 2007; IBR approved for Sec. Sec.  761.253, and
761.395.
    (9) SW-846 Method 8082A, Polychlorinated Biphenyls (PCBs) By Gas
Chromatography, Revision 1, Approved February 2007; IBR approved for
Sec. Sec.  761.60, 761.61, 761.253, 761.272, 761.292, 761.358, and
761.395.

    Note 1 to paragraph (b):  Hard copies of these materials may be
obtained from the National Technical Information Service, 5301
Shawnee Road, Alexandria, VA 22312, or by calling<PHONE_NUMBER> or
(703) 605-6000.

Subpart B--Manufacturing, Processing, Distribution in Commerce, and
Use of PCBs and PCB Items

0
5. Amend Sec.  761.20 by revising paragraphs (e)(3)(ii)(B), (e)(4)(i),
and (ii) to read as follows:

Sec.  761.20  Prohibitions and exceptions.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (B) The burner will burn the used oil only in a combustion facility
identified in paragraph (e)(1) of this section and identify the class
of burner they qualify under.
    (4) * * *
    (i) Marketers. Marketers who first claim that the used oil fuel
contains no detectable PCBs must include among the records required by
40 CFR 279.72(b) and 279.74(b) and (c), copies of the analysis or other
information documenting their claim, and they must include among the
records required by 40 CFR 279.74(a) and (c) and 279.75, a copy of each
certification notice received or prepared relating to transactions
involving PCB-containing used oil.
    (ii) Burners. Burners must include among the records required by 40
CFR 279.65 and 279.66, a copy of each certification notice required by
paragraph (e)(3)(ii) of this section that they send to a marketer.
* * * * *

0
6. Amend Sec.  761.30 by revising paragraph (i)(4) to read as follows:

Sec.  761.30  Authorizations.

* * * * *
    (i) * * *
    (4) Any person characterizing PCB contamination in natural gas pipe
or natural gas pipeline systems must do so by analyzing organic liquids
collected at existing condensate collection points in the pipe or
pipeline system. The level of PCB contamination found at a collection
point is assumed to extend to the next collection point downstream. Any
person characterizing multi-phasic liquids must do so in accordance
with Sec.  761.1(b)(4); if no liquids are present and they choose, in
their discretion, to characterize PCB contamination, the person must
use standard wipe samples in accordance with subpart M of this part.
* * * * *

Subpart D--Storage and Disposal

0
7. Amend Sec.  761.50 by revising paragraphs (b)(3)(i)(A) and
(b)(3)(ii) introductory text to read as follows:

Sec.  761.50  Applicability.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (A) Sites containing these wastes are presumed not to present an
unreasonable risk of injury to health or the environment from exposure
to PCBs at the site. However, the EPA Regional Administrator may inform
the owner or operator of the site that there is reason to believe that
spills, leaks, or other uncontrolled releases or discharges, such as
leaching, from the site constitute ongoing disposal that may present an
unreasonable risk of injury to health or the environment from exposure
to PCBs at the site, and may require the owner or operator to generate
data necessary to characterize the risk. If after reviewing any such
data, the EPA Regional Administrator makes a finding, that an
unreasonable risk exists, then they may direct the owner or operator of
the site to dispose of the PCB remediation waste in accordance with
Sec.  761.61 such that an unreasonable risk of injury no longer exists.
* * * * *
    (ii) Any person responsible for PCB waste that was either placed in
a land disposal facility, spilled, or otherwise released into the
environment on or after April 18, 1978, but prior to July 2, 1979,
where the concentration of the spill or release was >=500 ppm; or
placed in a land disposal facility, spilled, or otherwise released into
the environment on or after July 2, 1979, where the concentration of
the spill or release was >=50 ppm, must dispose of it in accordance
with either of the following:
* * * * *

0
8. Amend Sec.  761.60 by revising paragraphs (b)(2)(v)(C), (g)(1)(iii),
and (g)(2)(ii) to read as follows:

Sec.  761.60  Disposal requirements.

* * * * *
    (b) * * *
    (2) * * *
    (v) * * *
    (C) There is other good cause shown. As part of this evaluation,
the Assistant Administrator will consider the impact of their action on
the incentives to construct or expand PCB incinerators.
* * * * *
    (g) * * *
    (1) * * *
    (iii) Unless otherwise specified in this part, any person
conducting the chemical analysis of PCBs shall do so using gas
chromatography. Any gas chromatographic method that is appropriate for
the material being analyzed may be used, including EPA Method 608.3,
``Organochlorine Pesticides and PCBs'' (see 40 CFR part 136, Appendix
A), or SW-846 Method 8082A (incorporated by reference in Sec.  761.19);
and ASTM D4059-00 (incorporated by reference, see Sec.  761.19).
    (2) * * *
    (ii) For purposes of complying with the marking and disposal
requirements, representative samples may be taken from either the
common containers or the individual electrical equipment to determine
the PCB concentration. Except, that if any PCBs at a concentration of
500 ppm or greater have been added to the container or equipment then
the total container contents must be considered as having a PCB
concentration of 500 ppm or greater for purposes of complying with the
disposal requirements of this subpart. For purposes of this paragraph,
representative samples of mineral oil dielectric fluid are either
samples taken in accordance with ASTM D923-86 or ASTM D923-89 (both
incorporated by reference, see Sec.  761.19) or samples taken from a
container that has been thoroughly mixed in a manner such that any PCBs
in the container are uniformly distributed throughout the liquid in the
container.
* * * * *

0
9. Amend Sec.  761.61 by revising paragraphs (a)(3)(ii),
(a)(5)(i)(B)(2)(iv), (a)(7), (a)(8) introductory text, (a)(8)(i)(A) and
(B), (a)(8)(ii) introductory text, (b), (c) paragraph heading, and
(c)(1) to read as follows:

Sec.  761.61  PCB remediation waste.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Within 30 calendar days of receiving the notification, the EPA
Regional Administrator will respond in writing approving of the self-
implementing cleanup, disapproving of the self-implementing cleanup, or
requiring additional information. If the EPA Regional Administrator
does not respond within 30 calendar days of receiving the notice, the
person submitting the notification may proceed with the cleanup
according to the information the person provided to the EPA Regional
Administrator. If, upon review of the notification, the EPA Regional
Administrator determines that the notification does not contain all of
the information required by paragraph (a)(3)(i) of this section,
sufficient to ensure compliance with paragraphs (a)(4) through (9) of
this section at the site, they may require the submission of additional
information. The cleanup and disposal must comply with all applicable
requirements of paragraphs (a)(4) through (9) of this section. Once
cleanup is underway, the person conducting the cleanup must provide any
proposed changes from the notification to the EPA Regional
Administrator in writing no less than 14 calendar days prior to the
proposed implementation of the change. The EPA Regional Administrator
will determine in their discretion whether to accept the change and
will respond to the change notification verbally within 7 calendar days
and in writing within 14 calendar days of receiving it. If the EPA
Regional Administrator does not respond verbally within 7 calendar days
and in writing within 14 calendar days of receiving the change notice,
the person who submitted it may proceed with the cleanup according to
the information in the change notice provided to the EPA Regional
Administrator, subject to the submission of additional information if
the Regional Administrator determines it is needed to address the
elements of paragraph (a)(3)(i), of this section and in compliance with
all applicable requirements of paragraphs (a)(4) through (9) of this
section and other applicable requirements of this part.
* * * * *
    (5) * * *
    (i) * * *
    (B) * * *
    (2) * * *
    (iv) The generator must provide written notice, including the
quantity to be shipped and highest concentration of PCBs at least 15
days before the first shipment of bulk PCB remediation waste from each
cleanup site by the generator, to each off-site facility where the
waste is destined for an area not subject to a TSCA PCB Disposal
Approval. The generator must select applicable method(s) from the
following list to extract PCBs and determine the PCB concentration from
individual and composite samples of PCB remediation waste: SW-846
Method 3510C, SW-846 Method 3520C, SW-846 Method 3535A, SW-846 Method
3540C, SW-846 Method 3541, SW-846 Method 3545A, SW-846 Method 3546, or
SW-846 Method 8082A (all incorporated by reference, see Sec.  761.19).
Modifications to the methods listed in this paragraph or alternative
methods not listed may be used if validated under Subpart Q of this
part or authorized in a Sec.  761.61(c) approval.
* * * * *
    (7) Cap requirements. A cap means, when referring to on-site
cleanup and disposal of PCB remediation waste, a uniform placement of
concrete, asphalt, or similar material of minimum thickness spread over
the area where remediation waste was removed or left in place in order
to prevent or minimize human exposure, infiltration of water, and
erosion. Any person designing and constructing a cap must do so in
accordance with Sec.  264.310(a) of this chapter, and ensure that it
complies with the permeability, sieve, liquid limit, and plasticity
index parameters in Sec. Sec.  761.75(b)(1)(ii) through (v). A cap of
compacted soil shall have a minimum thickness of 25 cm (10 inches). A
concrete or asphalt cap shall have a minimum thickness of 15 cm (6
inches). A cap must be of sufficient strength to maintain its
effectiveness and integrity during the use of the cap surface which is
exposed to the environment. A cap shall not be contaminated at a level
>=1 ppm PCB. Repairs shall begin within 72 hours of discovery for any
breaches which would impair the integrity of the cap.
    (8) Deed restrictions for caps, fences and low occupancy areas.
When a cleanup activity conducted under this section includes the use
of a fence or a cap, the owner of the site must maintain the fence or
cap, in perpetuity. In addition, whenever a fence, a cap, or the
procedures and requirements for a low occupancy area, is used, the
owner of the site must meet the following conditions:
    (i) * * *
    (A) Record, in accordance with State law, a notation on the deed to
the property, or on some other instrument which is normally examined
during a title search, that will in perpetuity notify any potential
purchaser of the property:
    (1) That the land, or the specific portion thereof identified in
the instrument when only a portion is subject to the instrument, has
been used

for PCB remediation waste disposal and, when applicable, that the area
is restricted to use as a low occupancy area as defined in Sec.  761.3;
    (2) Of the existence of the fence or cap and the requirement to
maintain the fence or cap, when applicable; and
    (3) The applicable cleanup levels left at the site, including
inside any fence, under any cap, and/or in a low occupancy area.
    (B) Submit a certification, signed by the owner, that they have
recorded the notation specified in paragraph (a)(8)(i)(A) of this
section to the EPA Regional Administrator.
    (ii) The owner of a site being cleaned up under this section may
remove a fence, cap, or low occupancy designation after conducting
additional cleanup activities and achieving cleanup levels, specified
in paragraph (a)(4) of this section, which do not require a fence, cap,
or low occupancy designation. The owner may remove the notice on the
deed no earlier than 30 days after achieving the cleanup levels
specified in this section which do not require a fence, cap, or low
occupancy designation.
* * * * *
    (b) Performance-based cleanup and disposal. Any person may clean up
and dispose of PCB remediation waste at a site in full compliance with
the performance-based cleanup provisions of paragraph (b)(1) of this
section and disposal provisions of paragraph (b)(2) of this section.

Alternatively, any person may dispose of PCB remediation waste in
accordance with paragraph (b)(2) of this section, but such disposal
does not relieve them of cleanup and disposal obligations for any PCBs
that remain on-site if the provisions of paragraph (b)(1) of this
section are not complied with.
    (1) Performance-based cleanup of PCB remediation waste--(i)
Applicability. (A) The performance-based cleanup option may not be used
to clean up:
    (1) Surface or ground waters.
    (2) Sediments in marine and freshwater ecosystems.
    (3) Sewers or sewage treatment systems.
    (4) Any private or public drinking water sources or distribution
systems.
    (5) Grazing or agricultural lands.
    (6) Vegetable gardens.
    (7) Sites where the cleanup site, as defined in Sec.  761.3, is
adjacent to, contains, or is proposed to be redeveloped to contain:
residential dwellings, hospitals, schools, nursing homes, playgrounds,
parks, day care centers, endangered species habitats, estuaries,
wetlands, national parks, national wildlife refuges, commercial
fisheries, sport fisheries, or surface waters.
    (8) Sites where the PCB contamination is in the 100-year
floodplain.
    (B) The performance-based cleanup provisions shall not be binding
upon cleanups conducted under other authorities, including but not
limited to, actions conducted under section 104 or section 106 of
CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
    (ii) Cleanup level. All on-site PCB remediation waste above the
following cleanup levels must be disposed of or decontaminated in
accordance with paragraph (2).
    (A) The cleanup level for bulk PCB remediation waste and porous
surfaces is <=1 ppm PCBs.
    (B) The cleanup levels for liquids are the concentrations specified
in Sec. Sec.  761.79(b)(1) and (b)(2).
    (C) The cleanup levels for non-porous surfaces are the
concentrations specified in Sec.  761.79(b)(3).
    (iii) Verification sampling. Verification sampling for bulk PCB
remediation waste and porous surfaces must be conducted in accordance
with Subpart O. Verification sampling for non-porous surfaces must be
conducted in accordance with Subpart P. Verification sampling for
liquid PCB remediation waste must be conducted in accordance with Sec.
761.269. When analysis of each sample results in a measurement of PCBs
less than or equal to the levels specified in paragraph (ii) of this
section, on-site performance-based cleanup is complete.
    (iv) Recordkeeping. Recordkeeping is required in accordance with
Sec.  761.125(c)(5).
    (v) Cleanup Completion Notification. Within 30 days of sending the
final shipment of waste offsite for disposal from a site cleaned up
under this paragraph, the person in charge of the cleanup or the owner
of the property where the PCB remediation waste was located shall
notify, in writing, the EPA Regional Administrator, the Director of the
State or Tribal environmental protection agency, and the Director of
the county or local environmental protection agency where the cleanup
was conducted. EPA may require additional on-site cleanup upon finding
that the cleanup level(s) in (b)(1)(ii) of this section have not been
met. Upon review of the cleanup completion notification, EPA may
request that the responsible party submit additional information
related to the records required under (b)(1)(iv) of this section to
clarify that the cleanup has been completed in accordance with the
requirements of this section. The notification shall include:
    (A) Site identification information, including the site address and
the name, phone number, and email address of the site contact;
    (B) Disposal facility and shipment information, including the
disposal facility's name and address, the manifest tracking number(s),
and the quantity of waste shipped;
    (C) A summary of all applicable components of the records in Sec.
761.125(c)(5); and
    (D) A certification using the language in Sec.  761.3.
    (2) Performance-based disposal. (i) Any person disposing of liquid
PCB remediation waste under this subsection shall do so according to
Sec. Sec.  761.60(a) or (e) or decontaminate it in accordance with
Sec.  761.79.
    (ii) Any person disposing of non-liquid PCB remediation waste under
this subsection shall do so by one of the following methods:
    (A) Dispose of it in a high temperature incinerator approved under
Sec.  761.70(b), an alternate disposal method approved under Sec.
761.60(e), a chemical waste landfill approved under Sec.  761.75, a
facility with a coordinated approval issued under Sec.  761.77, or a
hazardous waste landfill permitted by EPA under section 3005 of RCRA,
or by a State or territory authorized under section 3006 of RCRA.
    (B) Decontaminate it in accordance with Sec.  761.79.
    (iii) Any person may manage or dispose of material containing <50
ppm PCBs that has been dredged or excavated from waters of the United
States:
    (A) In accordance with a permit that has been issued under section
404 of the Clean Water Act, or the equivalent of such a permit as
provided for in regulations of the U.S. Army Corps of Engineers at 33
CFR part 320.
    (B) In accordance with a permit issued by the U.S. Army Corps of
Engineers under section 103 of the Marine Protection, Research, and
Sanctuaries Act, or the equivalent of such a permit as provided for in
regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
    (c) Risk-based cleanup and disposal approval. (1) Any person
wishing to sample, extract, analyze, cleanup, or dispose of PCB
remediation waste in a manner other than prescribed in paragraphs (a)
or (b) of this section, or store PCB remediation waste in a manner
other than prescribed in Sec.  761.65, must apply in writing to the
Regional Administrator in the Region

where the sampling, extraction, analysis, cleanup, disposal, or storage
site is located, for sampling, extraction, analysis, cleanup, disposal,
or storage occurring in a single EPA Region; or to the Director, Office
of Resource Conservation and Recovery, for sampling, extraction,
analysis, cleanup, disposal, or storage occurring in more than one EPA
Region. Each application must include information described in the
notification required by paragraph (a)(3) of this section. EPA may
request other information that it believes necessary to evaluate the
application. No person may conduct cleanup activities under this
paragraph prior to obtaining written approval by EPA.
* * * * *

0
10. Amend Sec.  761.62 by revising paragraphs (c)(1) and (d) to read as
follows:

Sec.  761.62  Disposal of PCB bulk product waste.

* * * * *
    (c) * * *
    (1) Any person wishing to sample, extract, analyze, or dispose of
PCB bulk product waste in a manner other than prescribed in paragraphs
(a) or (b) of this section, or store PCB bulk product waste in a manner
other than prescribed in Sec.  761.65, must apply in writing to the
Regional Administrator in the Region where the sampling, extraction,
analysis, disposal, or storage site is located, for sampling,
extraction, analysis, disposal, or storage occurring in a single EPA
Region; or to the Director, Office of Resource Conservation and
Recovery, for sampling, extraction, analysis, disposal, or storage
occurring in more than one EPA Region. Each application must contain
information indicating that, based on technical, environmental, or
waste-specific characteristics or considerations, the proposed
sampling, extraction, analysis, disposal, or storage methods or
locations will not pose an unreasonable risk of injury to health or the
environment. EPA may request other information that it believes
necessary to evaluate the application. No person may conduct sampling,
extraction, analysis, disposal, or storage activities under this
paragraph prior to obtaining written approval by EPA.
* * * * *
    (d) Disposal as daily landfill cover. Bulk product waste described
in paragraph (b)(1) of this section may be disposed of as daily
landfill cover, as long as the daily cover remains in the landfill and
is not released or dispersed by wind or other action.

0
11. Amend Sec.  761.65 by revising paragraphs (c)(9)(i) and (iii), (g)
introductory text, (g)(1) introductory text, (g)(1)(iv), (g)(2),
(g)(3)(i), (g)(4)(i), (g)(5), (6), (7) and (h) to read as follows:

Sec.  761.65  Storage for disposal.

* * * * *
    (c) * * *
    (9) * * *
    (i) The waste is placed in a pile or non-leaking, covered container
designed and operated to control dispersal of the waste by wind, where
necessary, by means other than wetting.
* * * * *
    (iii) The storage site must have:
    (A) A liner or container that is designed, constructed, and
installed to prevent any migration of wastes off or through the liner
or container into the adjacent subsurface soil, ground water or surface
water at any time during the active life (including the closure period)
of the storage site. The liner or container may be constructed of
materials that may allow waste to migrate into the liner or container.
The liner or container must be:
    (1) Constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due
to pressure gradients (including static head and external hydrogeologic
forces), physical contact with the waste or leachate to which they are
exposed, climatic conditions, the stress of installation, and the
stress of daily operation.
    (2) Placed upon a foundation or base capable of providing support
to the liner or container and resistance to pressure gradients above
and below the liner or container to prevent failure of the liner or
container due to settlement, compression, or uplift.
    (3) In the case of liners, installed to cover all surrounding earth
likely to be in contact with the waste.
    (B) A cover that meets the requirements of paragraph (c)(9)(iii)(A)
of this section, is installed to cover all of the stored waste likely
to be in contact with precipitation, and is secured so as not to be
functionally disabled by winds expected under normal seasonal
meteorological conditions at the storage site.
* * * * *
    (g) Financial assurance for closure. A commercial storer of PCB
waste shall establish financial assurance for closure of each PCB
storage facility that they own or operate. In establishing financial
assurance for closure, the commercial storer of PCB waste may choose
from the following financial assurance mechanisms or any combination of
mechanisms:
    (1) The ``closure trust fund,'' as specified in Sec.  264.143(a) of
this chapter, except for paragraph (a)(3) of Sec.  264.143 and except
when the Regional Administrator specifies modifications for the
purposes of implementation under TSCA. For purposes of this paragraph,
the following provisions also apply:
* * * * *
    (iv) The submission of a trust agreement with the wording specified
in Sec.  264.151(a)(1) of this chapter, including any reference to
hazardous waste management facilities, shall be deemed to be in
compliance with the requirement to submit a trust agreement under this
subpart except when the Regional Administrator specifies modifications
for the purposes of implementation under TSCA.
    (2) The ``surety bond guaranteeing payment into a closure trust
fund,'' as specified in Sec.  264.143(b) of this chapter, including the
use of the surety bond instrument specified at Sec.  264.151(b) of this
chapter and the standby trust specified at Sec.  264.143(b)(3) of this
chapter except when the Regional Administrator specifies modifications
for the purposes of implementation under TSCA. The use of the surety
bonds, surety bond instruments, and standby trust agreements specified
in Sec. Sec.  264.143(b) and 264.151(b) of this chapter, with any
modifications specified by the Regional Administrator, shall be deemed
to be in compliance with this subpart.
    (3)(i) The ``surety bond guaranteeing performance of closure,'' as
specified at Sec.  264.143(c) of this chapter, except for Sec.
264.143(c)(5) of this chapter and except when the Regional
Administrator specifies modifications for the purposes of
implementation under TSCA. The submission and use of the surety bond
instrument specified at Sec.  264.151(c) of this chapter and the
standby trust specified at Sec.  264.143(c)(3) of this chapter, with
any modifications specified by the Regional Administrator, shall be
deemed to be in compliance with the requirements under this subpart
relating to the use of surety bonds and standby trust funds.
* * * * *
    (4)(i) The ``closure letter of credit'' specified in Sec.
264.143(d) of this chapter, except for paragraph (d)(8) and except when
the Regional Administrator specifies modifications for the purposes of
implementation under TSCA. The submission and use of the irrevocable
letter of credit instrument specified in Sec.  264.151(d) of this
chapter and the standby trust specified in Sec.  264.143(d)(3) of this
chapter, with any

modifications specified by the Regional Administrator, shall be deemed
to be in compliance with the requirements of this subpart relating to
the use of letters of credit and standby trust funds.
* * * * *
    (5) ``Closure insurance,'' as specified in Sec.  264.143(e) of this
chapter, utilizing the certificate of insurance for closure specified
at Sec.  264.151(e) of this chapter except when the Regional
Administrator specifies modifications for the purposes of
implementation under TSCA. The use of closure insurance as specified in
Sec.  264.143(e) of this chapter and the submission and use of the
certificate of insurance specified in Sec.  264.151(e) of this chapter,
with any modifications specified by the Regional Administrator, shall
be deemed to be in compliance with the requirements of this subpart
relating to the use of closure insurance.
    (6) The ``financial test and corporate guarantee for closure,'' as
described in Sec.  264.143(f) of this chapter except when the Regional
Administrator specifies modifications for the purposes of
implementation under TSCA, including a letter signed by the owner's or
operator's chief financial officer as specified at Sec.  264.151(f) of
this chapter and, if applicable, the written corporate guarantee
specified at Sec.  264.151(h) of this chapter. The use of the financial
test and corporate guarantee specified in Sec.  264.143(f) of this
chapter, the submission and use of the letter specified in Sec.
264.151(f) of this chapter, and the submission and use of the written
corporate guarantee specified at Sec.  264.151(h) of this chapter, with
any modifications specified by the Regional Administrator, shall be
deemed to be in compliance with the requirements of this subpart
relating to the use of financial tests and corporate guarantees.
    (7) The corporate guarantee as specified in Sec.  264.143(f)(10) of
this chapter except when the Regional Administrator specifies
modifications for the purposes of implementation under TSCA.
* * * * *
    (h) Release of owner or operator. Within 60 days after receiving
certifications from the owner or operator and an independent registered
professional engineer that final closure has been completed in
accordance with the approved closure plan, EPA will notify the owner or
operator in writing that the owner or operator is no longer required by
this section to maintain financial assurance for final closure of the
facility, unless EPA has reason to believe that final closure has not
been completed in accordance with the approved closure plan. EPA shall
provide the owner or operator with a detailed written statement stating
the reasons why EPA believed closure was not conducted in accordance
with the approved closure plan.
* * * * *

0
12. Add Sec.  761.66 to subpart D to read as follows:

Sec.  761.66  Emergency situations.

    This section establishes procedures that may be used for purposes
of the cleanup and/or disposal of PCB releases caused by an emergency
situation as defined in Sec.  761.3. This section allows the request of
a waiver of any of the requirements in Sec. Sec.  761.60, 761.61,
761.62, or 761.65. Any person conducting activities under these
emergency provisions is also responsible for determining and complying
with all other applicable Federal, State, and local laws and
regulations. This section does not prohibit any person from
implementing temporary emergency measures to prevent, treat, or contain
further releases or mitigate migration to the environment of PCBs or
PCB remediation waste.
    (a) Applicability. This section may only be applied to the cleanup
and/or disposal of PCB releases caused by an emergency situation as
defined in Sec.  761.3.
    (b) Waiver Request. Any person intending or planning to sample,
extract, analyze, clean up, store, and/or dispose of PCBs under this
section shall submit a waiver request to the Regional Administrator in
the EPA Region where the sampling, extraction, analysis, cleanup,
storage, and/or disposal would occur, in writing and/or by email no
later than seven (7) days after discovery of the release or
implementation of any temporary emergency measures, as applicable. The
requestor must also send a copy of the waiver request to the Director
of the State or Tribal environmental agency where the sampling,
extraction, analysis, cleanup, storage, and/or disposal would occur. If
the sampling, extraction, analysis, cleanup, storage, and/or disposal
activities in the waiver request would be conducted in more than one
Region, then the waiver request must be submitted, in its entirety, to
the Regional Administrators for all affected Regions.
    (1) This request shall include:
    (i) The contact information for the person requesting the waiver.
    (ii) Location(s) of the release(s).
    (iii) A description of the emergency situation, including
information about adverse conditions and the incident(s) that caused
them.
    (iv) The type(s) of material(s) that are contaminated and the
source of the release, if known.
    (v) The as-found PCB concentrations in the PCB waste, unless the
materials are being managed as if they contain >=500 ppm PCBs. If
actual PCB concentrations have not yet been determined, then estimated
concentrations may be provided in the request. Actual PCB
concentrations shall be determined before disposal activities commence,
unless the waste is being managed as if it contains >=500 ppm PCBs.
    (vi) The provisions of Sec. Sec.  761.60, 761.61, 761.62, or 761.65
that the person requests to waive or modify (or to use alternative
procedures for) and an explanation of why compliance with the existing
provisions would be impracticable as a result of the emergency
situation.
    (vii) The plan for how sampling, extraction, analysis, storage,
cleanup, and/or disposal of the PCB waste would be conducted if the
waiver were granted. The plan shall provide information to support how
the actions described in the plan do not pose an unreasonable risk of
injury to health or the environment. This plan shall be based on the
as-found PCB concentrations in the materials unless waste is being
managed as if it contains PCBs >=500 ppm.
    (viii) Whether or not the PCB waste is near, or likely to impact,
surface waters, ground waters, drinking water sources or distribution
systems, wells, sediments, sewers or sewage treatment systems, grazing
lands, vegetable gardens, residential dwellings, hospitals, schools,
nursing homes, playgrounds, parks, day care centers, endangered species
habitats, estuaries, wetlands, national parks, national wildlife
refuges, commercial fisheries, or sport fisheries and how those areas
and potential impacts will be addressed.
    (2) To make changes to submitted information described in paragraph
(b)(1) of this section, the requestor shall submit the new information
to the EPA Regional Administrator(s) in writing and/or by email.
Changes must also be sent to the Director of the State or Tribal
environmental agency or agencies where the request is applicable.
    (c) Approval of waiver requests. The EPA Regional Administrator may
approve the waiver request, request additional information, approve the
waiver request with specified changes or additional conditions, or deny
the waiver request, in writing, by telephone, or by email. An approval,
with or without changes or conditions, shall be based on the Regional
Administrator's

finding that compliance with the regulatory requirements from which a
waiver is sought is impracticable and that the action approved under
the waiver will not pose an unreasonable risk of injury to health or
the environment. At any point, EPA may impose additional sampling,
extraction, analysis, cleanup, storage, and/or disposal requirements,
or require the requestor to delay acting on their proposed plan, in
order to ensure the actions will not pose an unreasonable risk of
injury to health or the environment.
    (d) Steps after approval of waiver request. Sampling, extraction,
analysis, cleanup, storage, and disposal activities as described in the
waiver request may begin after the EPA Regional Administrator responds
with approval of the waiver request. All sampling, extraction,
analysis, cleanup, storage, and disposal activities shall be conducted
in compliance with the terms of the approval and all applicable
provisions of Sec. Sec.  761.60, 761.61, 761.62, and 761.65 not
expressly waived by the approval.
    (e) As-found concentration. Sampling, extraction, analysis,
cleanup, storage, and disposal activities conducted under this section
shall be based on the as-found concentration of the PCB waste unless
the materials are being managed as if they contain >=500 ppm PCBs.
    (f) Records, manifests, and certification. Recordkeeping and
certification are required in accordance with Sec.  761.125(c)(5). The
manifesting and reporting requirements in Subpart K apply to waste
disposed of under this section. However, if the person requesting a
waiver has not previously submitted a notification of PCB activity as
described in Sec.  761.205 and the requirements of Sec.  761.205
specify that such notification is required for the cleanup, storage,
and/or disposal activity, the requestor shall submit the notification
within ten (10) business days of their waiver request. The requestor
does not have to wait to obtain their EPA identification number before
initiating cleanup and/or disposal activities described in their
approved waiver request. While waiting for their identification number,
the requestor may use the generic identification ``40 CFR PART 761'' in
lieu of an EPA identification number on manifests for PCB waste. The
requestor may alternatively use an EPA identification number they
previously obtained from EPA under RCRA or a State or territory under
an authorized RCRA program, if they have one. Once the requestor
receives an EPA identification number, they shall use it on manifests
for PCB waste.

0
13. Amend Sec.  761.70 by revising paragraph (d)(4)(i) to read as
follows:

Sec.  761.70  Incineration.

* * * * *
    (d) * * *
    (4) * * *
    (i) Except as provided in paragraph (d)(5) of this section, the
Regional Administrator or the appropriate official at EPA Headquarters
may not approve an incinerator for the disposal of PCBs and PCB Items
unless they find that the incinerator meets all of the requirements of
paragraphs (a) and/or (b) of this section.
* * * * *

0
14. Amend Sec.  761.71 by revising paragraphs (b)(2)(iv) and (vi) to
read as follows:

Sec.  761.71  High efficiency boilers.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The type of equipment, apparatus, and procedures to be used to
control the feed of PCB liquids to the boiler and to monitor and record
the carbon monoxide concentration and excess oxygen percentage in the
stack.
* * * * *
    (vi) The concentration of PCBs and of any other chlorinated
hydrocarbon in the waste and the results of analyses using ASTM methods
as follows: Carbon and hydrogen content using ASTM D5373-16, nitrogen
content using ASTM E258-67 (Reapproved 1987) or ASTM D5373-16, sulfur
content using ASTM D1266-87, or ASTM D129-64 (Reapproved 1968),
chlorine content using ASTM D808-87, water and sediment content using
either ASTM D2709-88 or ASTM D1796-83 (Reapproved 1990), ash content
using ASTM D482-13, calorific value using ASTM D240-87, carbon residue
using either ASTM D2158-89 or ASTM D524-88, and flash point using ASTM
D93-09, ASTM D8174-18, or ASTM D8175-18 (all standards incorporated by
reference, see Sec.  761.19).
* * * * *

0
15. Amend Sec.  761.75 by revising paragraphs (b)(8)(iii) and (c)(3)(i)
and (c)(4) to read as follows:

Sec.  761.75  Chemical waste landfills.

* * * * *
    (b) * * *
    (8) * * *
    (iii) Ignitable wastes shall not be disposed of in chemical waste
landfills. Liquid ignitable wastes are wastes that have a flash point
less than 60 degrees C (140 degrees F) as determined by the following
method or an equivalent method: Flash point of liquids shall be
determined by a Pensky-Martens Closed Cup Tester, using the protocol
specified in ASTM D93-09 or ASTM D8175-18, a Small Scale Closed Cup
Tester, using the protocol specified in ASTM D3278-96 (Reapproved 2011)
or ASTM D8174-18, or the Setaflash Closed Tester using the protocol
specified in ASTM D3278-96 (Reapproved 2011) (all standards
incorporated by reference, see Sec.  761.19).
* * * * *
    (c) * * *
    (3) * * *
    (i) Except as provided in paragraph (c)(4) of this section, the
Regional Administrator may not approve a chemical waste landfill for
the disposal of PCBs and PCB Items, unless they find that the landfill
meets all of the requirements of paragraph (b) of this section.
* * * * *
    (4) Waivers. An owner or operator of a chemical waste landfill may
submit evidence to the Regional Administrator that operation of the
landfill will not present an unreasonable risk of injury to health or
the environment from PCBs when one or more of the requirements of
paragraph (b) of this section are not met. On the basis of such
evidence and any other available information, the Regional
Administrator may in their discretion find that one or more of the
requirements of paragraph (b) of this section is not necessary to
protect against such a risk and may waive the requirements in any
approval for that landfill. Any finding and waiver under this paragraph
will be stated in writing and included as part of the approval.
* * * * *

0
16. Amend Sec.  761.77 by revising paragraphs (a)(1)(ii)(B), (a)(2),
and (b) introductory text to read as follows:

Sec.  761.77  Coordinated approval.

    (a) * * *
    (1) * * *
    (ii) * * *
    (B) Issue a letter granting or denying the TSCA PCB Coordinated
Approval. If the EPA Regional Administrator grants the TSCA PCB
Coordinated Approval, they may acknowledge the non-TSCA approval meets
the regulatory requirements under TSCA as written, or require
additional conditions the EPA Regional Administrator has determined are
necessary to prevent unreasonable risk of injury to health or the
environment.
* * * * *
    (2) The EPA Regional Administrator may issue a notice of
deficiency, revoke

the TSCA PCB Coordinated Approval, require the person to whom the TSCA
PCB Coordinated Approval was issued to submit an application for a TSCA
PCB approval, or bring an enforcement action under TSCA if they
determine that:
* * * * *
    (b) Any person who owns or operates a facility that they intend to
use to landfill PCB wastes; incinerate PCB wastes; dispose of PCB
wastes using an alternative disposal method that is equivalent to
disposal in an incinerator approved under Sec.  761.70 or a high
efficiency boiler operating in compliance with Sec.  761.71; or store
PCB wastes may apply for a TSCA PCB Coordinated Approval. The EPA
Regional Administrator may approve the request if the EPA Regional
Administrator determines that the activity will not pose an
unreasonable risk of injury to health or the environment and the
person:
* * * * *

0
17. Amend Sec.  761.79 by revising paragraph (h)(3) to read as follows:

Sec.  761.79  Decontamination standards and procedures.

* * * * *
    (h) * * *
    (3) Any person wishing to sample, extract, or analyze
decontaminated material in a manner other than prescribed in paragraph
(f) of this section must apply in writing to the Regional Administrator
in the Region where the activity would take place, for decontamination
activity occurring in a single EPA Region; or to the Director, Office
of Resource Conservation and Recovery, for decontamination activity
occurring in more than one EPA Region. Each application must contain a
description of the material to be decontaminated, the nature and PCB
concentration of the contaminating material (if known), the
decontamination method, the proposed extraction, analysis, and/or
sampling procedure, and a justification for how the proposed
extraction, analysis, and/or sampling procedure is equivalent to or
more comprehensive than the extraction, analysis, and/or sampling
procedure required under paragraph (f) of this section.
* * * * *

Subpart G--PCB Spill Cleanup Policy

0
18. Amend Sec.  761.120 by revising paragraphs (b)(2) and (c) to read
as follows:

Sec.  761.120  Scope.

* * * * *
    (b) * * *
    (2) In those situations, the Regional Administrator may require
cleanup in addition to that required under Sec.  761.125(b) and (c).
However, the Regional Administrator must first make a finding, based on
the specific facts of a spill, that additional cleanup is necessary to
prevent unreasonable risk. In addition, before making a final decision
on additional cleanup, the Regional Administrator must notify the
Director, Office of Resource Conservation and Recovery of their finding
and the basis for the finding.
    (c) Flexibility to allow less stringent or alternative
requirements. (1) EPA retains the flexibility to allow less stringent
or alternative decontamination measures based upon site-specific
considerations. EPA will exercise this flexibility if the responsible
party demonstrates that cleanup to the numerical decontamination levels
is clearly unwarranted because of risk-mitigating factors, that
compliance with the procedural requirements or numerical standards in
the policy is impracticable at a particular site, or that site-specific
characteristics make the costs of cleanup prohibitive. The Regional
Administrator will notify the Director, Office of Resource Conservation
and Recovery of any decision and the basis for the decision to allow
less stringent cleanup. The purpose of this notification is to enable
the Director, Office of Resource Conservation and Recovery to ensure
consistency of spill cleanup standards under special circumstances
across the regions.
    (2) In emergency situations, as defined in Sec.  761.123, the
following provisions of this Policy are hereby modified as follows:
    (i) For actions taken directly in response to spills caused by
emergency situations, responsible parties may use the as-found
concentrations in the spill materials when determining whether to
manage the spill under Sec. Sec.  761.125(b) or (c) of this Policy when
it is not possible to readily determine the spill source concentration
at a site.
    (ii) For spills caused by emergency situations, the applicable
notifications in Sec.  761.125(a)(1) must be submitted as soon as
possible, but no later than 48 hours after the adverse conditions that
prevented communication have ended.
* * * * *

0
19. Amend Sec.  761.123, by:
0
a. Adding the definition in alphabetical order for ``Emergency
situation''; and
0
b. Revising the definitions for ``Other restricted access
(nonsubstation) locations'' and ``Spill''.
    The addition and revisions read as follows:

Sec.  761.123  Definitions.

* * * * *
    Emergency situation means adverse conditions caused by manmade or
natural incidents that threaten lives, property, or public health and
safety; require prompt responsive action from the local, State, Tribal,
territorial, or Federal government; and result in or are reasonably
expected to result in: (1) A declaration by either the President of the
United States or Governor of the affected State of a natural disaster
or emergency; or, (2) an incident funded under FEMA via a Stafford Act
disaster declaration or emergency declaration. Examples of emergency
situations may include civil emergencies or adverse natural conditions,
such as hurricanes, earthquakes, or tornados.
* * * * *
    Other restricted access (nonsubstation) locations means areas other
than electrical substations that are at least 0.1 kilometer (km) from a
residential/commercial area and limited by man-made barriers (e.g.,
fences and walls) or substantially limited by naturally occurring
barriers such as mountains, cliffs, or rough terrain. These areas
generally include industrial facilities and extremely remote rural
locations. (Areas where access is restricted but are less than 0.1 km
from a residential/commercial area are considered to be residential/
commercial areas.)
* * * * *
    Spill means both intentional and unintentional spills, leaks, and
other uncontrolled discharges where the release results in any quantity
of PCBs running off or about to run off the external surface of the
equipment or other PCB source, as well as the contamination resulting
from those releases. This policy applies to spills of 50 ppm or greater
PCBs. The concentration of PCBs spilled is determined by the PCB
concentration in the material spilled as opposed to the concentration
of PCBs in the material onto which the PCBs were spilled, except where
authorized in Sec.  761.120(c). Where a spill of untested mineral oil
occurs, the oil is presumed to contain greater than or equal to 50 ppm,
but less than 500 ppm PCBs and is subject to the relevant requirements
of this policy.
* * * * *

0
20. Amend Sec.  761.125 by revising paragraphs (a)(2), (c)(3)(iii), and
(c)(4)(iv) to read as follows:

Sec.  761.125  Requirements for PCB spill cleanup.

    (a) * * *
    (2) Disposal of cleanup debris and materials. All concentrated
soils, solvents, rags, and other materials resulting from the cleanup
of PCBs under this policy shall be properly stored, labeled, and
disposed of in accordance with the provisions of Subpart D of this
part, except that such materials shall not be disposed of in a
hazardous waste landfill permitted by EPA under section 3005 of RCRA or
by a State or territory authorized under section 3006 of RCRA pursuant
to Sec.  761.61(b)(2)(ii)(A).
* * * * *
    (c) * * *
    (3) * * *
    (iii) At the option of the responsible party, low-contact, indoor,
nonimpervious surfaces will be cleaned either to 10 [mu]g/100 cm\2\ or
to 100 [mu]g/100 cm\2\ and encapsulated. The Regional Administrator,
however, retains the authority to disallow the encapsulation option for
a particular spill situation upon finding that the uncertainties
associated with that option pose special concerns at that site. That
is, the Regional Administrator would not permit encapsulation if they
determine that if the encapsulation failed the failure would create an
imminent hazard at the site.
* * * * *
    (4) * * *
    (iv) At the option of the responsible party, low-contact, outdoor,
nonimpervious solid surfaces shall be either cleaned to 10 [mu]g/100
cm\2\ or cleaned to 100 [mu]g/100 cm\2\ and encapsulated. The Regional
Administrator, however, retains the authority to disallow the
encapsulation option for a particular spill situation upon finding that
the uncertainties associated with that option pose special concerns at
that site. That is, the Regional Administrator would not permit
encapsulation if they determine that if the encapsulation failed the
failure would create an imminent hazard at the site.
* * * * *

0
21. Amend Sec.  761.130 by revising paragraph (e) to read as follows:

Sec.  761.130  Sampling requirements.

* * * * *
    (e) EPA recommends the use of a sampling scheme developed by the
Midwest Research Institute (MRI) for use in enforcement inspections:
``Verification of PCB Spill Cleanup by Sampling and Analysis.''
Guidance for the use of this sampling scheme is available in the MRI
report ``Field Manual for Grid Sampling of PCB Spill Sites to Verify
Cleanup.'' Both the MRI sampling scheme and the guidance document are
available on EPA's PCB website at https://www.epa.gov/pcbs, or from the
Program Implementation and Information Division, Office of Resource
Conservation and Recovery (5303T), 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. The major advantage of this sampling scheme
is that it is designed to characterize the degree of contamination
within the entire sampling area with a high degree of confidence while
using fewer samples than any other grid or random sampling scheme. This
sampling scheme also allows some sites to be characterized on the basis
of composite samples.
* * * * *

Subpart J--General Records and Reports

0
22. Amend Sec.  761.180 by revising paragraphs (b)(3) introductory
text, removing and reserving paragraph (b)(3)(ii), revising paragraphs
(b)(3)(iii) and (v), and (b)(4).
    The revisions read as follows:

Sec.  761.180  Records and monitoring.

* * * * *
    (b) * * *
    (3) The owner or operator of a PCB disposal facility (including an
owner or operator who disposes of their own waste and does not receive
or generate manifests) or a commercial storage facility shall submit an
annual report using EPA Form 6200-025, which briefly summarizes the
records and annual document log required to be maintained and prepared
under paragraphs (b)(1) and (b)(2) of this section to the Director,
Office Resource Conservation and Recovery at the address listed on the
form, by July 15 of each year, beginning with July 15, 1991. The first
annual report submitted on July 15, 1991, shall be for the period
starting February 5, 1990, and ending December 31, 1990. The annual
report shall contain no confidential business information. The annual
report shall consist of the information listed in paragraphs (b)(3)(i)
through (vi) of this section.
* * * * *
    (iii) The total weight in kilograms of PCB waste in PCB Large High
or Low Voltage Capacitors, PCB waste in PCB Article Containers, PCB
waste in PCB Transformers, bulk PCB waste, PCB waste in PCB Containers,
and other PCB waste in storage at the facility at the beginning of the
calendar year, received or generated at the facility, transferred to
another facility, or disposed of at the facility during the calendar
year. The information must be provided for each of these categories, as
appropriate.
* * * * *
    (v) The total weight in kilograms of each of the following PCB
categories: PCB waste in PCB Large High or Low Voltage Capacitors, PCB
waste in PCB Article Containers, PCB waste in PCB Transformers, bulk
PCB waste, PCB waste in PCB Containers, and other PCB waste remaining
in storage for disposal at the facility at the end of the calendar year
* * * * *
    (4) Whenever a commercial storer of PCB waste accepts PCBs or PCB
Items at their storage facility and transfers the PCB waste off-site to
another facility for storage or disposal, the commercial storer of PCB
waste shall initiate a manifest under subpart K of this part for the
transfer of PCBs or PCB Items to the next storage or disposal facility.

    Note 1 to paragraph (b)(4):  Any requirements for weights in
kilograms of PCBs may be calculated values if the internal volume of
PCBs in containers and transformers is known and included in the
reports, together with any assumptions on the density of the PCBs
contained in the containers or transformers. If the internal volume
of PCBs is not known, a best estimate may be used.

* * * * *

Subpart K--PCB Waste Disposal Records and Reports

0
23. Amend Sec.  761.205 by revising paragraphs (a)(3), (a)(4)(v), and
(d) to read as follows:

Sec.  761.205  Notification of PCB waste activity (EPA Form 7710-53).

    (a) * * *
    (3) Any person required to notify EPA under this section shall file
with EPA Form 7710-53. A copy of EPA Form 7710-53 is available on EPA's
website at https://www.epa.gov/pcbs, or from the Program Implementation
and Information Division, Office of Resource Conservation and Recovery
(5303T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001 ATTN: PCB Notification. Descriptive
information and instructions for filling in the form are included in
paragraphs (a)(4)(i) through (vii) of this section.
    (4) * * *
    (v) The facility's installation contact, telephone number, and
email address.
* * * * *
    (d) Persons required to notify under this section shall file EPA
Form 7710-

53 with EPA by mailing the form to the address listed on the form.
* * * * *

0
24. Amend Sec.  761.207 by revising paragraph (a), and paragraph (c)
and to read as follows:

Sec.  761.207  The manifest--general requirements.

    (a) A generator who transports, or offers for transport, PCB waste
for commercial off-site storage or off-site disposal, and a commercial
storage or disposal facility who offers for transport a rejected load
of PCB waste, must prepare a manifest on EPA Form 8700-22 and, if
necessary, a continuation sheet. The generator shall specify:
    (1) For each bulk load of PCBs, the identity of the PCB waste, the
earliest date of removal from service for disposal, and the weight in
kilograms of the PCB waste. (Item 14--Special Handling Instructions
box)
    (2) For each PCB transformer, the serial number if available, or
other identification if there is no serial number; the date of removal
from service for disposal; and weight in kilograms of the PCB waste in
each PCB transformer. (Item 14--Special Handling Instructions box)
    (3) For each PCB Large High or Low Voltage Capacitor, the serial
number if available, or other identification if there is no serial
number; the date of removal from service for disposal; and weight in
kilograms of the PCB waste in each PCB Large High or Low Voltage
Capacitor. (Item 14--Special Handling Instructions box)
    (4) For each PCB Article Container, the unique identifying number,
type of PCB waste (e.g., small capacitors), earliest date of removal
from service for disposal, and weight in kilograms of the PCB waste
contained therein. (Item 14--Special Handling Instructions box)
    (5) For each PCB Container, the unique identifying number, type of
PCB waste (e.g., soil, debris, small capacitors), earliest date of
removal from service for disposal, and weight in kilograms of the PCB
waste contained therein. (Item 14--Special Handling Instructions box)
    (6) For each Other item, the type of PCB waste (e.g., small
capacitors, circuit breakers, PCB-Contaminated transformers, pipeline),
earliest date of removal from service for disposal, and weight in
kilograms of the PCB waste.

    Note 1 to paragraph (a):  EPA Form 8700-22A is not required as
the PCB manifest continuation sheet. In practice, form 8700-22A does
not have adequate space to list required PCB-specific information
for several PCB articles. However, if form 8700-22A fits the needs
of the user community, the form is permissible.

    Note 2 to paragraph (a):  PCB waste handlers should use the EPA
Form 8700-22 instructions as a guide, but should defer to the Part
761 manifest regulations whenever there is any difference between
the Part 761 requirements and the instructions. The differences
should be minimal.

    Note 3 to paragraph (a):  PCBs are not regulated under RCRA,
thus do not have a RCRA waste code. EPA does not require boxes 13
and 31 on forms 8700-22 and 8700-22A (if used), respectively, to be
completed for shipments only containing PCB waste. However, some
States track PCB wastes as State-regulated hazardous wastes, and
assign State hazardous waste codes to these wastes. In such a case,
the user should follow the State instructions for completing the
waste code fields.

* * * * *
    (c) A generator may also designate on the manifest one alternate
facility which is approved to handle their PCB waste in the event an
emergency prevents delivery of the waste to the primary designated
facility.
* * * * *

0
25. Amend Sec.  761.212 by revising paragraph (a) introductory text to
read as follows:

Sec.  761.212  Transporter compliance with the manifest.

    (a) The transporter must deliver the entire quantity of PCB waste
which they have accepted from a generator or a transporter to:
* * * * *

0
26. Amend Sec.  761.213 by revising paragraphs (a)(2) introductory text
and (b) introductory text to read as follows:

Sec.  761.213  Use of manifest--Commercial storage and disposal
facility requirements.

    (a) * * *
    (2) If a commercial storage or disposal facility receives an off-
site shipment of PCB waste accompanied by a manifest, the owner or
operator, or their agent, shall:
* * * * *
    (b) If a commercial storage or disposal facility receives, from a
rail or water (bulk shipment) transporter, PCB waste which is
accompanied by a shipping paper containing all the information required
on the manifest (excluding the EPA identification numbers, generator's
certification, and signatures), the owner or operator, or their agent,
must:
* * * * *

0
27. Amend Sec.  761.214 by revising paragraph (a)(1) to read as
follows:

Sec.  761.214  Retention of manifest records.

    (a)(1) A generator must keep a copy of each manifest signed in
accordance with Sec.  761.210(a) for three years or until they receive
a signed copy from the designated facility which received the PCB
waste. This signed copy must be retained as a record for at least three
years from the date the waste was accepted by the initial transporter.
A generator subject to annual document requirements under Sec.  761.180
shall retain copies of each manifest for the period required by Sec.
761.180(a).
* * * * *

0
28. Amend Sec.  761.216 by revising paragraphs (a) introductory text
and (a)(6) to read as follows:

Sec.  761.216  Unmanifested waste report.

    (a) If a facility accepts for storage or disposal any PCB waste
from an offsite source without an accompanying manifest, or without an
accompanying shipping paper as described by Sec.  761.211(e), and the
owner or operator of the commercial storage or disposal facility cannot
contact the generator of the PCB waste, then they shall notify the
Regional Administrator of the EPA region in which their facility is
located of the unmanifested PCB waste so that the Regional
Administrator can determine whether further actions are required before
the owner or operator may store or dispose of the unmanifested PCB
waste, and additionally the owner or operator must prepare and submit a
letter to the Regional Administrator within 15 days after receiving the
waste. The unmanifested waste report must contain the following
information:
* * * * *
    (6) Signature of the owner or operator of the facility or their
authorized representative; and
* * * * *

0
29. Amend Sec.  761.217 by revising paragraph (a)(2)(ii) to read as
follows:

Sec.  761.217  Exception reporting.

    (a) * * *
    (2) * * *
    (ii) A cover letter signed by the generator or their authorized
representative explaining the efforts taken to locate the PCB waste and
the results of those efforts.
* * * * *

Subpart M--Determining a PCB Concentration for Purposes of
Abandonment or Disposal of Natural Gas Pipeline: Selecting Sample
Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe
Samples

0
30. Amend Sec.  761.243 by revising paragraph (a) to read as follows:

Sec.  761.243  Standard wipe sample method and size.

    (a) Collect a surface sample from a natural gas pipe segment or
pipeline section using a standard wipe test as defined in Sec.
761.123. Detailed guidance for the entire wipe sampling process appears
in the document entitled, ``Wipe Sampling and Double Wash/Rinse Cleanup
as Recommended by the Environmental Protection Agency PCB Spill Cleanup
Policy,'' dated June 23, 1987, and revised on April 18, 1991. This
document is available on EPA's website at https://www.epa.gov/pcbs, or
from the Program Implementation and Information Division, Office of
Resource Conservation and Recovery (5303T), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
* * * * *

0
31. Amend Sec.  761.247 by revising paragraph (b)(2)(ii)(B)(2) to read
as follows:

Sec.  761.247  Sample site selection for pipe segment removal.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (2) Divide the total number of segments, save one, by six. The
resulting number is the interval between the segments you will sample.
Do not round this interval. For example, cut a 2.9-mile length of pipe
into segments of no more than 40 feet by first, dividing 2.9 miles
(15,312 feet) by 40 feet per segment, resulting in 382.8 total
segments. Do not round this result. Subtract 1 from the total number of
segments and then divide the remaining number of segments, 381.8, by
six. The resulting number in this example is 63.6. Do not round. Add
63.6 to the first segment (number 1) to select segment 64.6. Next, add
63.6 to 64.6 to select segment 128.3. Continue in this fashion to
select all seven segments: 1, 64.6, 128.3, 191.9, 255.5, 319.2, and
382.8. Now round these numbers to the nearest whole number to determine
which segment to sample: 1, 65, 128, 192, 256, 319, and 383.
* * * * *

0
32. Amend Sec.  761.253 by revising paragraph (a) to read as follows:

Sec.  761.253  Chemical Analysis.

    (a) Select applicable method(s) from the following list to extract
PCBs and determine the PCB concentration from the standard wipe sample
collection medium: SW-846 Method 3540C, Method 3550C, Method 3541,
Method 3545A, Method 3546, or Method 8082A (all standards incorporated
by reference in Sec.  761.19). Modifications to the methods listed in
this paragraph or alternative methods not listed may be used if
validated under Subpart Q of this part or authorized in a Sec.
761.61(c) approval.
* * * * *

Subpart N--Cleanup Site Characterization Sampling for PCB
Remediation Waste in Accordance With Sec.  761.61(a)(2)

0
33. Amend Sec.  761.267 by revising paragraph (a) to read as follows:

Sec.  761.267  Sampling non-porous surfaces.

    (a) Sample large, nearly flat, non-porous surfaces by dividing the
surface into roughly square portions approximately 2 meters on each
side. Follow the procedures in Sec.  761.302(a) with the exception of
the sampling grid size.
* * * * *

0
34. Revise Sec.  761.272 to read as follows:

Sec.  761.272  Chemical extraction and analysis of samples.

    Select applicable method(s) from the following list to extract PCBs
and determine the PCB concentration from individual and composite
samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C,
Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, or
Method 8082A (all standards incorporated by reference in Sec.  761.19).
Modifications to the methods listed in this paragraph or alternative
methods not listed may be used if validated under Subpart Q of this
part or authorized in a Sec.  761.61(c) approval.

Subpart O--Sampling To Verify Completion of Self-Implementing
Cleanup and On-Site Disposal of Bulk PCB Remediation Waste and
Porous Surfaces in Accordance With Sec.  761.61(a)(6)

0
35. Revise Sec.  761.292 to read as follows:

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

    Select applicable method(s) from the following list to extract PCBs
and determine the PCB concentration from individual and composite
samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C,
Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, or
Method 8082A (all standards incorporated by reference in Sec.  761.19).
Modifications to the methods listed in this paragraph or alternative
methods not listed may be used if validated under Subpart Q of this
part or authorized in a Sec.  761.61(c) approval.

Subpart P--Sampling Non-Porous Surfaces for Measurement-Based Use,
Reuse, and On-Site or Off-Site Disposal Under Sec.  761.61(a)(6)
and Determination Under Sec.  761.79(b)(3)

0
36. Revise Sec.  761.314 to read as follows:

Sec.  761.314  Chemical analysis of standard wipe test samples.

    Perform the chemical analysis of standard wipe test samples in
accordance with Sec.  761.253. Report sample results in micrograms per
100 cm\2\.

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

0
38. Revise Sec.  761.358 to read as follows:

Sec.  761.358  Determining the PCB concentration of samples of waste.

    Select applicable method(s) from the following list to extract PCBs
and determine the PCB concentration from individual and composite
samples of PCB remediation waste or PCB bulk product waste: SW-846
Method 3540C, Method 3541, Method 3545A, Method 3546, or Method 8082A
(all standards incorporated by reference in Sec.  761.19).
Modifications to the methods listed in this paragraph or alternative
methods not listed may be used if validated under subpart Q of this
part or authorized in a Sec. Sec.  761.61(c) or 761.62(c) approval.

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

0
39. Amend Sec.  761.386 by revising paragraph (e) to read as follows:

Sec.  761.386  Required experimental conditions for the validation
study and subsequent use during decontamination.

* * * * *
    (e) Confirmatory sampling for the validation study. Select surface
sample locations using representative sampling or a census. Sample a
minimum area of 100 cm\2\ on each individual surface in the validation
study. Measure surface

concentrations using the standard wipe test, as defined in Sec.
761.123, from which a standard wipe sample is generated for chemical
analysis. Guidance for wipe sampling appears in the document entitled
``Wipe Sampling and Double Wash/Rinse Cleanup as Recommended by the
Environmental Protection Agency PCB Spill Cleanup Policy,'' available
on EPA's website at https://www.epa.gov/pcbs, or from the Program
Implementation and Information Division, Office of Resource
Conservation and Recovery (5303T), Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
* * * * *
0
40. Amend Sec.  761.395 by revising paragraph (b)(1) to read as
follows:

Sec.  761.395  A validation study.

* * * * *
    (b)(1) Select applicable method(s) from the following list to
extract PCBs and determine the PCB concentration from the standard wipe
sample collection medium: SW-846 Method 3540C, Method 3550C, Method
3541, Method 3545A, Method 3546, or Method 8082A (all standards
incorporated by reference in Sec.  761.19). Modifications to the
methods listed in this paragraph or alternative methods not listed may
be used if validated under subpart Q of this part.
* * * * *
[FR Doc. 2023-17708 Filed 8-28-23; 8:45 am]
BILLING CODE 6560-50-P