[ OMB Control No. 2070 00112; ICR 1446.08; Appendix B, part 2 of 2]

§ 761.70 Incineration.

This section applies to facilities used to incinerate PCBs required to be incinerated by this part.

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

( 1) Combustion criteria shall be either of the following:

( i) Maintenance of the introduced liquids for a 2 second dwell time at 1200 ° C ( ± 100 ° C) and 3 percent excess oxygen in the stack gas; or ( ii) Maintenance of the introduced liquids for a 1 1/ 2 second dwell time at 1600 ° C( ± 100 ° C) and 2 percent excess oxygen in the stack gas.

( 2) Combustion efficiency shall be at least 99.9 percent computed as follows: Combustion efficiency = [ Cco2/( Cco2 + Cco)] 100 where Cco2= Concentration of carbon dioxide. Cco= Concentration of carbon monoxide.

( 3) The rate and quantity of PCBs which are fed to the combustion system shall be measured and recorded at regular intervals of no longer than 15 minutes.

( 4) The temperatures of the incineration process shall be continuously measured and recorded. The combustion temperature of the incineration process shall be based on either direct ( pyrometer) or indirect ( wall thermocouple pyrometer correlation) temperature readings.

( 5) The flow of PCBs to the incinerator shall stop automatically whenever the combustion temperature drops below the temperatures specified in paragraph ( a)( 1) of this section.

( 6) Monitoring of stack emission products shall be conducted:

( i) When an incinerator is first used for the disposal of PCBs under the provisions of this regulation; ( ii) When an incinerator is first used for the disposal of PCBs after the incinerator has been modified in a manner which may affect the characteristics of the stack emission products; and ( iii) At a minimum such monitoring shall be conducted for the following parameters:

( a) O2; ( b) CO; ( c) CO2; ( d) Oxides of Nitrogen ( NOX); ( e) Hydrochloric Acid ( HCl); ( f) Total Chlorinated Organic Content ( RCl); ( g) PCBs; and ( h) Total Particulate Matter.

( 7) At a minimum monitoring and recording of combustion products and incineration operations shall be conducted for the following parameters whenever the incinerator is incinerating PCBs:

( i) O2; ( ii) CO; and ( iii) CO2. The monitoring for O2 and CO shall be continuous. The monitoring for CO2 shall be periodic, at a frequency specified by the Regional Administrator or Director, National Programs Chemical Division.

( 8) The flow of PCBs to the incinerator shall stop automatically when any one or more of the following conditions occur, unless a contingency plan is submitted by the incinerator owner or operator and approved by the Regional Administrator or Director, National Programs Chemical Division. The contingency plan indicates what alternative measures the incinerator owner or operator would take if any of the following conditions occur:

( i) Failure of monitoring operations specified in paragraph ( a)( 7) of this section;

( ii) Failure of the PCB rate and quantity measuring and recording equipment specified in paragraph ( a)( 3) of this section; or ( iii) Excess oxygen falls below the percentage specified in paragraph ( a)( 1) of this section.

( 9) Water scrubbers shall be used for HCl control during PCB incineration and shall meet any performance requirements specified by the appropriate EPA Regional Administrator or the Director, National Programs Chemical Division. Scrubber effluent shall be monitored and shall comply with applicable effluent or pretreatment standards, and any other State and Federal laws and regulations. An alternate method of HCl control may be used if the alternate method has been approved by the Regional Administrator or the Director, National Programs Chemical Division. ( The HCl neutralizing capability of cement kilns is considered to be an alternate method.)

( b) Nonliquid PCBs. An incinerator used for incinerating nonliquid PCBs, PCB Articles, PCB Equipment, or PCB Containers shall be approved by the appropriate EPA Regional Administrator or the Director, National Programs Chemical Division pursuant to paragraph ( d) of this section. Requests for approval of incinerators to be used in more than one region must be submitted to the Director, National Programs Chemical Division except for research and development involving less than 500 pounds of PCB material ( see § 761.60( i)( 2)). Requests for approval of incinerators to be used in only one region must be submitted to the appropriate Regional Administrator. The incinerator shall meet all of the requirements specified in paragraphs ( b)( 1) and ( 2) of this section unless a waiver from these requirements is obtained pursuant to paragraph ( d)( 5) of this section. In addition, the incinerator shall meet any other requirements that may be prescribed pursuant to paragraph ( d)( 4) of this section.

( 1) The mass air emissions from the incinerator shall be no greater than 0.001g PCB/ kg of the PCB introduced into the incinerator.

( 2) The incinerator shall comply with the provisions of paragraphs ( a)( 2), ( 3), ( 4), ( 6), ( 7), ( 8)( i) and ( ii), and ( 9) of this section.

( c) Maintenance of data and records. All data and records required by this section shall be maintained in accordance with § 761.180, Records and monitoring.

( d) Approval of incinerators. Prior to the incineration of PCBs and PCB Items the owner or operator of an incinerator shall receive the written approval of the Agency Regional Administrator for the region in which the incinerator is located, or the Director, National Programs Chemical Division. Approval from the Director, National Programs Chemical Division may be effective in all ten EPA regions. Such approval shall be obtained in the following manner:

( 1) Application. The owner or operator shall submit to the Regional Administrator or the Director, National Programs Chemical Division an application which contains:

( i) The location of the incinerator;

( ii) A detailed description of the incinerator including general site plans and design drawings of the incinerator;

( iii) Engineering reports or other information on the anticipated performance of the incinerator;

( iv) Sampling and monitoring equipment and facilities available;

( v) Waste volumes expected to be incinerated;

( vi) Any local, State, or Federal permits or approvals; and ( vii) Schedules and plans for complying with the approval requirements of this regulation.

( 2) Trial burn. ( i) Following receipt of the application described in paragraph ( d)( 1) of this section, the Regional Administrator or the Director, National Programs Chemical Division shall determine if a trial burn is required and notify the person who submitted the report whether a trial burn of PCBs and PCB Items must be conducted. The Regional Administrator or the Director, National Programs Chemical Division may require the submission of any other information that the Regional Administrator or the Director, National Programs Chemical Division finds to be reasonably necessary to determine the need for a trial burn. Such other information shall be restricted to the types of information required in paragraphs ( d)( 1)( i) through ( vii) of this section. ( ii) If the Regional Administrator or the Director, National Programs Chemical Division determines that a trial burn must be held, the person who submitted the report described in paragraph ( d)( 1) of this section shall submit to the Regional Administrator or the Director, National Programs Chemical Division a detailed plan for conducting and monitoring the trial burn. At a minimum, the plan must include:

( A) Date trial burn is to be conducted;

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

( C) Parameters to be monitored and location of sampling points;

( D) Sampling frequency and methods and schedules for sample analyses; and ( E) Name, address, and qualifications of persons who will review analytical results and other pertinent data, and who will perform a technical evaluation of the effectiveness of the trial burn.

( iii) Following receipt of the plan described in paragraph ( d)( 2)( ii) of this section, the Regional Administrator or the Director, National Programs Chemical Division will approve the plan, require additions or modifications to the plan, or disapprove the plan. If the plan is disapproved, the Regional Administrator or the Director, National Programs Chemical Division will notify the person who submitted the plan of such disapproval, together with the reasons why it is disapproved. That person may thereafter submit a new plan in accordance with paragraph ( d)( 2)( ii) of this section. If the plan is approved ( with any additions or modifications which the Regional Administrator or the Director, National Programs Chemical Division may prescribe), the Regional Administrator or the Director, National Programs Chemical Division will notify the person who submitted the plan of the approval. Thereafter, the trial burn shall take place at a date and time to be agreed upon between the Regional Administrator or the Director, National Programs Chemical Division and the person who submitted the plan.

( 3) Other information. In addition to the information contained in the report and plan described in paragraphs ( d)( 1) and ( 2) of this section, the Regional Administrator or the Assistant Administrator for Prevention, Pesticides and Toxic Substances may require the owner or operator to submit any other information that the Regional Administrator or the Assistant Administrator for Prevention, Pesticides and Toxic Substances finds to be reasonably necessary to determine whether an incinerator shall be approved. Note:

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

( 4) Contents of approval. ( i) Except as provided in paragraph ( d)( 5) of this section, the Regional Administrator or the Director, National Programs Chemical Division may not approve an incinerator for the disposal of PCBs and PCB Items unless he finds that the incinerator meets all of the requirements of paragraphs ( a) and/ or ( b) of this section.

( ii) In addition to the requirements of paragraphs ( a) and/ or ( b) of this section, the Regional Administrator or the Director, National Programs Chemical Division may include in an approval any other requirements that the Regional Administrator or the Director, National Programs Chemical Division finds are necessary to ensure that operation of the incinerator does not present an unreasonable risk of injury to health or the environment from PCBs. Such requirements may include a fixed period of time for which the approval is valid.

( 5) Waivers. An owner or operator of the incinerator may submit evidence to the Regional Administrator or the Director, National Programs Chemical Division that operation of the incinerator will not present an unreasonable risk of injury to health or the enviroment from PCBs, when one or more of the requirements of paragraphs ( a) and/ or ( b) of this section are not met. On the basis of such evidence and any other available information, the Regional Administrator or the Director, National Programs Chemical Division may in his/ her discretion find that any requirement of paragraphs ( a) and ( b) of this section is not necessary to protect against such a risk, and may waive the requirements in any approval for that incinerator. Any finding and waiver under this paragraph must be stated in writing and included as part of the approval.

( 6) Persons approved. An approval will designate the persons who own and who are authorized to operate the incinerator, and will apply only to such persons, except as provided in paragraph ( d)( 8) of this section.

( 7) Final approval. Approval of an incinerator will be in writing and signed by the Regional Administrator or the Director, National Programs Chemical Division. The approval will state all requirements applicable to the approved incinerator.

( 8) Transfer of property. Any person who owns or operates an approved incinerator must notify EPA at least 30 days before transferring ownership in the incinerator or the property it stands upon, or transferring the right to operate the incinerator. The transferor must also submit to EPA, at least 30 days before such transfer, a notarized affidavit signed by the transferee which states that the transferee will abide by the transferor's EPA incinerator approval. Within 30 days of receiving such notification and affidavit, EPA will issue an amended approval substituting the transferee's name for the transferor's name, or EPA may require the transferee to apply for a new incinerator approval. In the latter case, the transferee must abide by the transferor's EPA approval until EPA issues the new approval to the transferee.

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

[ 44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982, and amended at 48 FR 13185, Mar. 30, 1983; 49 FR 28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988; 58 FR 15809, Mar. 24, 1993; 63 FR 35439, June 29, 1998] § 761.71 High efficiency boilers.

( a) To burn mineral oil dielectric fluid containing a PCB concentration of

50 ppm , but < 500 ppm:

( 1) The boiler shall comply with the following criteria:

( i) The boiler is rated at a minimum of 50 million BTU hours.

( ii) If the boiler uses natural gas or oil as the primary fuel, the carbon monoxide concentration in the stack is

50 ppm and the excess oxygen is at least 3 percent when PCBs are being burned.

( iii) If the boiler uses coal as the primary fuel, the carbon monoxide concentration in the stack is  100 ppm and the excess oxygen is at least 3 percent when PCBs are being burned.

( iv) The mineral oil dielectric fluid does not comprise more than 10 percent ( on a volume basis) of the total fuel feed rate.

( v) The mineral oil dielectric fluid is not fed into the boiler unless the boiler is operating at its normal operating temperature ( this prohibits feeding these fluids during either start up or shut down operations).

( vi) The owner or operator of the boiler:

( A) Continuously monitors and records the carbon monoxide concentration and excess oxygen percentage in the stack gas while burning mineral oil dielectric fluid; or ( B) If the boiler will burn < 30,000 gallons of mineral oil dielectric fluid per year, measures and records the carbon monoxide concentration and excess oxygen percentage in the stack gas at regular intervals of no longer than 60 minutes while burning mineral oil dielectric fluid.

( vii) The primary fuel feed rates, mineral oil dielectric fluid feed rates, and total quantities of both primary fuel and mineral oil dielectric fluid fed to the boiler are measured and recorded at regular intervals of no longer than 15 minutes while burning mineral oil dielectric fluid.

( viii) The carbon monoxide concentration and the excess oxygen percentage are checked at least once every hour that mineral oil dielectric fluid is burned. If either measurement falls below the levels specified in this section, the flow of mineral oil dielectric fluid to the boiler shall be stopped immediately.

( 2) Thirty days before any person burns mineral oil dielectric fluid in the boiler, the person gives written notice to the EPA Regional Administrator for the EPA Region in which the boiler is located and that the notice contains the following information:

( i) The name and address of the owner or operator of the boiler and the address of the boiler. ( ii) The boiler rating in units of BTU/ hour.

( iii) The carbon monoxide concentration and the excess oxygen percentage in the stack of the boiler when it is operated in a manner similar to the manner in which it will be operated when mineral oil dielectric fluid is burned.

( iv) The type of equipment, apparatus, and procedures to be used to control the feed of mineral oil dielectric fluid to the boiler and to monitor and record the carbon monoxide concentration and excess oxygen percentage in the stack.

( 3) When burning mineral oil dielectric fluid, the boiler must operate at a level of output no less than the output at which the measurements required under paragraph ( a)( 2)( iii) of this section were taken.

( 4) Any person burning mineral oil dielectric fluid in a boiler obtains the following information and retains the information for 5 years at the boiler location:

( i) The data required to be collected under paragraphs ( a)( 1)( vi) and ( vii) of this section.

( ii) The quantity of mineral oil dielectric fluid burned in the boiler each month.

( b) To burn liquids, other than mineral oil dielectric fluid, containing a PCB concentration of

50 ppm , but < 500 ppm:

( 1) The boiler shall comply with the following criteria:

( i) The boiler is rated at a minimum of 50 million BTU/ hour.

( ii) If the boiler uses natural gas or oil as the primary fuel, the carbon monoxide concentration in the stack is

50 ppm and the excess oxygen is at least 3 percent when PCBs are being burned.

( iii) If the boiler uses coal as the primary fuel, the carbon monoxide concentration in the stack is  100 ppm and the excess oxygen is at least 3 percent when PCBs are being burned.

( iv) The waste does not comprise more than 10 percent ( on a volume basis) of the total fuel feed rate.

( v) The waste is not fed into the boiler unless the boiler is operating at its normal operating temperature ( this prohibits feeding these fluids during either start up or shut down operations).

( vi) The owner or operator of the boiler must:

( A) Continuously monitor and record the carbon monoxide concentration and excess oxygen percentage in the stack gas while burning waste fluid; or ( B) If the boiler will burn < 30,000 gallons of waste fluid per year, measure and record the carbon monoxide concentration and excess oxygen percentage in the stack gas at regular intervals of no longer than 60 minutes while burning waste fluid.

( vii) The primary fuel feed rate, waste fluid feed rate, and total quantities of both primary fuel and waste fluid fed to the boiler must be measured and recorded at regular intervals of no longer than 15 minutes while burning waste fluid.

( viii) The carbon monoxide concentration and the excess oxygen percentage must be checked at least once every hour that the waste is burned. If either measurement falls below the levels specified in either ( a)( 1)( ii) or ( a)( 1)( iii) of this section, the flow of waste to the boiler shall be stopped immediately.

( 2) Prior to any person burning these liquids in the boiler, approval must be obtained from the EPA Regional Administrator for the EPA Region in which the boiler is located and any persons seeking such approval must submit to the EPA Regional Administrator a request containing at least the following information:

( i) The name and address of the owner or operator of the boiler and the address of the boiler.

( ii) The boiler rating in units of BTU/ hour.

( iii) The carbon monoxide concentration and the excess oxygen percentage in the stack of the boiler when it is operated in a manner similar to the manner in which it will be operated when low concentration PCB liquid is burned.

( iv) The type of equipment, apparatus, and procedures to be used to control the feed of mineral oil dielectric fluid to the boiler and to monitor and record the carbon monoxide concentration and excess oxygen percentage in the stack.

( v) The type of waste to be burned ( e. g., hydraulic fluid, contaminated fuel oil, heat transfer fluid, etc.).

( vi) The concentration of PCBs and of any other chlorinated hydrocarbon in the waste and the results of analyses using the American Society of Testing and Materials ( ASTM) methods as follows: Carbon and hydrogen content using ASTM D 3178 84, nitrogen content using ASTM E 258 67 ( Reapproved 1987), sulfur content using ASTM D 2784 89, ASTM D 1266 87, or ASTM D 129 64, chlorine content using ASTM D 808 87, water and sediment content using either ASTM D 2709 88 or ASTM D 1796 83 ( Reapproved 1990), ash content using ASTM D 482 87, calorific value using ASTM D 240 87, carbon residue using either ASTM D 2158 89 or ASTM D 524 88, and flash point using ASTM D 93 90.

( vii) The quantity of wastes estimated to be burned in a 30   day period.

( viii) An explanation of the procedures to be followed to ensure that burning the waste will not adversely affect the operation of the boiler such that combustion efficiency will decrease.

( 3) On the basis of the information in paragraph ( b)( 2) of this section and any other available information, the Regional Administrator may, at his/ her discretion, find that the alternate disposal method will not present an unreasonable risk of injury to health or the environment and approve the use of the boiler.

( 4) When burning PCB wastes, the boiler must operate at a level of output no less than the output at which the measurements required under paragraph ( b)( 2)( iii) of this section were taken.

( 5) Any person burning liquids in boilers approved as provided in paragraph ( b)( 3) of this section, must obtain the following information and retain the information for 5 years at the boiler location:

( i) The data required to be collected in paragraphs ( b)( 1)( vi) and ( b)( 1)( vii) of this section.

( ii) The quantity of low concentration PCB liquid burned in the boiler each month.

( iii) The analysis of the waste required by paragraph ( b)( 2)( vi) of this section taken once a month for each month during which low concentration PCB liquid is burned in the boiler.

[ 63 FR 35454, June 29, 1998]

§ 761.72 Scrap metal recovery ovens and smelters.

Any person may dispose of residual PCBs associated with PCB Contaminated articles regulated for disposal under § 761.60( b), metal surfaces in PCB remediation waste regulated under § 761.61, or metal surfaces in PCB bulk product waste regulated under § § 761.62( a)( 6) and 761.79( c)( 6), from which all free flowing liquids have been removed:

( a) In a scrap metal recovery oven:

( 1) The oven shall have at least two enclosed ( i. e., negative draft, no fugitive emissions) interconnected chambers.

( 2) The equipment with all free flowing liquid removed shall first be placed in the primary chamber at room temperature.

( 3) The primary chamber shall operate at a temperature between 537 ° C and 650 ° C for a minimum of 2 1/ 2 hours and reach a minimum temperature of 650 ° C ( 1,202 ° F) once during each heating cycle or batch treatment of unheated, liquid free equipment.

( 4) Heated gases from the primary chamber must feed directly into the secondary chamber ( i. e., afterburner) which must operate at a minimum temperature of 1,200 ° C ( 2,192 ° F) with at least a 3 percent excess oxygen and a retention time of 2.0 seconds with a minimum combustion efficiency of 99.9 percent according to the definition in § 761.70( a)( 2). ( 5) Heating of the primary chamber shall not commence until the secondary chamber has reached a temperature of 1,200 ± 100 ° C ( 2,192 ° ± 180 ° F).

( 6) Continuous emissions monitors and recorders for carbon dioxide, carbon monoxide, and excess oxygen in the secondary chamber and continuous temperature recorders in the primary and secondary chambers shall be installed and operated while the primary and secondary chambers are in operation to assure that the two chambers are within the operating parameters in paragraphs ( a)( 3) through ( a)( 5) of this section.

( 7) Emissions from the secondary chamber must be vented through an exhaust gas stack in accordance with either:

( i) State or local air regulations or permits, or ( ii) The standards in paragraph ( a)( 8) of this section.

( 8) Exhaust gas stack emissions shall be for: particulates < 0.015 grains/ dry standard cubic foot, sulfur dioxide < 35 parts per million by volume ( ppmv), nitrogen oxide < 150 ppmv, carbon monoxide < 35 ppmv, and hydrogen chloride < 35 ppmv.

( 9) A measurement of the temperature in the secondary chamber at the time the primary chamber starts heating must be taken, recorded and retained at the facility for 3 years from the date each charge is introduced into the primary chamber.

( b) By smelting:

( 1) The operating temperature of the hearth must be at least 1,000 ° C at the time it is charged with any PCB Contaminated non porous surface.

( 2) Each charge containing a PCB Contaminated item must be added into molten metal or a hearth at

1,000 ° C.

( 3) Successive charges may not be introduced into the hearth in less than 15   minute intervals.

( 4) The smelter must operate in compliance with any applicable emissions standards in part 60 of this chapter.

( 5) The smelter must have an operational device which accurately measures directly or indirectly, the temperature in the hearth.

( 6) Take, record and retain at the disposal facility for 3 years from the date each charge is introduced, a reading of the temperature in the hearth at the time it is charged with a non porous surface item.

( c)( 1) Scrap metal recovery ovens and smelters must either have a final permit under RCRA ( part 266, subpart H of this chapter and § 270.66 of this chapter) or be operating under a valid State air emissions permit which includes a standard for PCBs.

( 2) Scrap metal recovery ovens and smelters disposing of PCBs must provide notification as disposers of PCBs, are not required to submit annual reports, and shall otherwise comply with all applicable provisions of subparts J and K of this part, as well as other applicable Federal, State, and local laws and regulations.

( 3) In lieu of the requirements in paragraph ( c)( 1) of this section, upon written request by the owner or operator of a scrap metal recovery oven or smelter, the EPA Regional Administrator, for the Region where the oven or smelter is located, may make a finding in writing, based on a site specific risk assessment, that the oven or smelter does not pose an unreasonable risk of injury to health or the environment because it is operating in compliance with the parameters and conditions listed in paragraph ( a) or ( b) of this section even though the oven or smelter does not have a RCRA or State air permit as required by paragraph ( c)( 1) of this section. The written request shall include a site specific risk assessment.

( d) PCB liquids, other liquid waste qualifying as waste oils which may be used as provided for at § 761.20( e), or PCB remediation waste, other than PCB Contaminated articles, may not be disposed of in a scrap metal recovery oven or smelter unless approved or otherwise allowed under subpart D of this part.

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

§ 761.75 Chemical waste landfills.

This section applies to facilities used to dispose of PCBs in accordance with the part.

( a) General. A chemical waste landfill used for the disposal of PCBs and PCB Items shall be approved by the Agency Regional Administrator pursuant to paragraph ( c) of this section. The landfill shall meet all of the requirements specified in paragraph ( b) of this section, unless a waiver from these requirements is obtained pursuant to paragraph ( c)( 4) of this section. In addition, the landfill shall meet any other requirements that may be prescribed pursuant to paragraph ( c)( 3) of this section.

( b) Technical requirements. Requirements for chemical waste landfills used for the disposal of PCBs and PCB Items are as follows:

( 1) Soils. The landfill site shall be located in thick, relatively impermeable formations such as large area clay pans. Where this is not possible, the soil shall have a high clay and silt content with the following parameters:

( i) In place soil thickness, 4 feet or compacted soil liner thickness, 3 feet;

( ii) Permeability ( cm/ sec), equal to or less than 1 × 10 7; ( iii) Percent soil passing No. 200 Sieve, > 30;

( iv) Liquid Limit, > 30; and ( v) Plasticity Index > 15.

( 2) Synthetic membrane liners. Synthetic membrane liners shall be used when, in the judgment of the Regional Administrator, the hydrologic or geologic conditions at the landfill require such a liner in order to provide at least a permeability equivalent to the soils in paragraph ( b)( 1) of this section. Whenever a synthetic liner is used at a landfill site, special precautions shall be taken to insure that its integrity is maintained and that it is chemically compatible with PCBs. Adequate soil underlining and soil cover shall be provided to prevent excessive stress on the liner and to prevent rupture of the liner. The liner must have a minimum thickness of 30 mils.

( 3) Hydrologic conditions. The bottom of the landfill shall be above the historical high groundwater table as provided below. Floodplains, shorelands, and groundwater recharge areas shall be avoided. There shall be no hydraulic connection between the site and standing or flowing surface water. The site shall have monitoring wells and leachate collection. The bottom of the landfill liner system or natural in place soil barrier shall be at least fifty feet from the historical high water table.

( 4) Flood protection. ( i) If the landfill site is below the 100 year floodwater elevation, the operator shall provide surface water diversion dikes around the perimeter of the landfill site with a minimum height equal to two feet above the 100 year floodwater elevation.

( ii) If the landfill site is above the 100 year floodwater elevation, the operators shall provide diversion structures capable of diverting all of the surface water runoff from a 24 hour, 25 year storm.

( 5) Topography. The landfill site shall be located in an area of low to moderate relief to minimize erosion and to help prevent landslides or slumping.

( 6) Monitoring systems   ( i) Water sampling. ( A) For all sites receiving PCBs, the ground and surface water from the disposal site area shall be sampled prior to commencing operations under an approval provided in paragraph ( c) of this section for use as baseline data.

( B) Any surface watercourse designated by the Regional Administrator using the authority provided in paragraph ( c)( 3)( ii) of this section shall be sampled at least monthly when the landfill is being used for disposal operations.

( C) Any surface watercourse designated by the Regional Administrator using the authority provided in paragraph ( c)( 3)( ii) of this section shall be sampled for a time period specified by the Regional Administrator on a frequency of no less than once every six months after final closure of the disposal area. ( ii) Groundwater monitor wells. ( A) If underlying earth materials are homogenous, impermeable, and uniformly sloping in one direction, only three sampling points shall be necessary. These three points shall be equally spaced on a line through the center of the disposal area and extending from the area of highest water table elevation to the area of the lowest water table elevation on the property.

( B) All monitor wells shall be cased and the annular space between the monitor zone ( zone of saturation) and the surface shall be completely backfilled with Portland cement or an equivalent material and plugged with Portland cement to effectively prevent percolation of surface water into the well bore. The well opening at the surface shall have a removable cap to provide access and to prevent entrance of rainfall or stormwater runoff. The well shall be pumped to remove the volume of liquid initially contained in the well before obtaining a sample for analysis. The discharge shall be treated to meet applicable State or Federal discharge standards or recycled to the chemical waste landfill.

( iii) Water analysis. As a minimum, all samples shall be analyzed for the following parameters, and all data and records of the sampling and analysis shall be maintained as required in § 761.180( d)( 1). Sampling methods and analytical procedures for these parameters shall comply with those specified in 40 CFR part 136 as amended in 41 FR 52779 on December 1, 1976.

( A) PCBs.

( B) pH.

( C) Specific conductance.

( D) Chlorinated organics.

( 7) Leachate collection. A leachate collection monitoring system shall be installed above the chemical waste landfill. Leachate collection systems shall be monitored monthly for quantity and physicochemical characteristics of leachate produced. The leachate should be either treated to acceptable limits for discharge in accordance with a State or Federal permit or disposed of by another State or Federally approved method. Water analysis shall be conducted as provided in paragraph ( b)( 6)( iii) of this section. Acceptable leachate monitoring/ collection systems shall be any of the following designs, unless a waiver is obtained pursuant to paragraph ( c)( 4) of this section.

( i) Simple leachate collection. This system consists of a gravity flow drainfield installed above the waste disposal unit liner. This design is recommended for use when semi solid or leachable solid wastes are placed in a lined pit excavated into a relatively thick, unsaturated, homogenous layer of low permeability soil.

( ii) Compound leachate collection. This system consists of a gravity flow drainfield installed above the waste disposal unit liner and above a secondary installed liner. This design is recommended for use when semi liquid or leachable solid wastes are placed in a lined pit excavated into relatively permeable soil.

( iii) Suction lysimeters. This system consists of a network of porous ceramic cups connected by hoses/ tubing to a vacuum pump. The porous ceramic cups or suction lysimeters are installed along the sides and under the bottom of the waste disposal unit liner. This type of system works best when installed in a relatively permeable unsaturated soil immediately adjacent to the bottom and/ or sides of the disposal facility.

( 8) Chemical waste landfill operations. ( i) PCBs and PCB Items shall be placed in a landfill in a manner that will prevent damage to containers or articles. Other wastes placed in the landfill that are not chemically compatible with PCBs and PCB Items including organic solvents shall be segregated from the PCBs throughout the waste handling and disposal process.

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

( iii) Ignitable wastes shall not be disposed of in chemical waste landfills. Liquid ignitable wastes are wastes that have a flash point less than 60 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 D 93   90, or the Setaflash Closed Tester using the protocol specified in ASTM Standard D   3278   89.

( iv) Records shall be maintained for all PCB disposal operations and shall include information on the PCB concentration in liquid wastes and the three dimensional burial coordinates for PCBs and PCB Items. Additional records shall be developed and maintained as required in § 761.180.

( 9) Supporting facilities. ( i) A six foot woven mesh fence, wall, or similar device shall be placed around the site to prevent unauthorized persons and animals from entering. ( ii) Roads shall be maintained to and within the site which are adequate to support the operation and maintenance of the site without causing safety or nuisance problems or hazardous conditions.

( iii) The site shall be operated and maintained in a manner to prevent safety problems or hazardous conditions resulting from spilled liquids and windblown materials.

( c) Approval of chemical waste landfills. Prior to the disposal of any PCBs and PCB Items in a chemical waste landfill, the owner or operator of the landfill shall receive written approval of the Agency Regional Administrator for the Region in which the landfill is located. The approval shall be obtained in the following manner:

( 1) Initial report. The owner or operator shall submit to the Regional Administrator an initial report which contains:

( i) The location of the landfill;

( ii) A detailed description of the landfill including general site plans and design drawings;

( iii) An engineering report describing the manner is which the landfill complies with the requirements for chemical waste landfills specified in paragraph ( b) of this section;

( iv) Sampling and monitoring equipment and facilities available;

( v) Expected waste volumes of PCBs;

( vi) General description of waste materials other than PCBs that are expected to be disposed of in the landfill;

( vii) Landfill operations plan as required in paragraph ( b) of this section;

( viii) Any local, State, or Federal permits or approvals; and ( ix) Any schedules or plans for complying with the approval requirements of these regulations.

( 2) Other information. In addition to the information contained in the report described in paragraph ( c)( 1) of this section, the Regional Administrator may require the owner or operator to submit any other information that the Regional Administrator finds to be reasonably necessary to determine whether a chemical waste landfill should be approved. Such other information shall be restricted to the types of information required in paragraphs ( c)( 1) ( i) through ( ix) of this section.

( 3) Contents of approval. ( i) Except as provided in paragraph ( c)( 4) of this section the Regional Administrator may not approve a chemical waste landfill for the disposal of PCBs and PCB Items, unless he finds that the landfill meets all of the requirements of paragraph ( b) of this section.

( ii) In addition to the requirements of paragraph ( b) of this section, the Regional Administrator may include in an approval any other requirements or provisions that the Regional Administrator finds are necessary to ensure that operation of the chemical waste landfill does not present an unreasonable risk of injury to health or the environment from PCBs. Such provisions may include a fixed period of time for which the approval is valid.

The approval may also include a stipulation that the operator of the chemical waste landfill report to the Regional Administrator any instance when PCBs are detectable during monitoring activities conducted pursuant to paragraph ( b)( 6) of this section.

( 4) Waivers. An owner or operator of a chemical waste landfill may submit evidence to the Regional Administrator that operation of the landfill will not present an unreasonable risk of injury to health or the environment from PCBs when one or more of the requirements of paragraph ( b) of this section are not met. On the basis of such evidence and any other available information, the Regional Administrator may in his discretion find that one or more of the requirements of paragraph ( b) of this section is not necessary to protect against such a risk and may waive the requirements in any approval for that landfill. Any finding and waiver under this paragraph will be stated in writing and included as part of the approval.

( 5) Persons approved. Any approval will designate the persons who own and who are authorized to operate the chemical waste landfill, and will apply only to such persons, except as provided by paragraph ( c)( 7) of this section.

( 6) Final approval. Approval of a chemical waste landfill will be in writing and will be signed by the Regional Administrator. The approval will state all requirements applicable to the approved landfill.

( 7) Transfer of property. Any person who owns or operates an approved chemical waste landfill must notify EPA at least 30 days before transferring ownership in the property or transferring the right to conduct the chemical waste landfill operation. The transferor must also submit to EPA, at least 30 days before such transfer, a notarized affidavit signed by the transferee which states that the transferee will abide by the transferor's EPA chemical waste landfill approval. Within 30 days of receiving such notification and affidavit, EPA will issue an amended approval substituting the transferee's name for the transferor's name, or EPA may require the transferee to apply for a new chemical waste landfill approval. In the latter case, the transferee must abide by the transferor's EPA approval until EPA issues the new approval to the transferee.

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

[ 44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982, and amended at 48 FR 5730, Feb. 8, 1983; 49 FR 28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 FR 13323, Apr. 16, 1992; 63 FR 35456, June 29, 1998] § 761.77 Coordinated approval.

( a) General requirements. Notwithstanding any other provision of this part, the EPA Regional Administrator for the Region in which a PCB disposal or PCB commercial storage facility described in paragraphs ( b) and ( c) of this section is located may issue a TSCA PCB Coordinated Approval to the persons described in those paragraphs if the conditions listed in this section are met. A TSCA PCB Coordinated Approval will designate the persons who own and who are authorized to operate the facilities described in paragraphs ( b) and ( c) of this section and will apply only to such persons. All requirements, conditions, and limitations of any other permit or waste management document cited or described in paragraphs ( b) and ( c) of this section, as the technical or legal basis on which the TSCA PCB Coordinated Approval is issued, are conditions of the TSCA PCB Coordinated Approval.

( 1) Persons seeking a TSCA PCB Coordinated Approval shall submit a request for approval by certified mail, to the EPA Regional Administrator for the Region in which the activity will take place. Persons seeking a TSCA PCB Coordinated Approval for a new PCB activity shall submit the request for approval at the same time they seek a permit, approval, or other action for a PCB waste management activity under any other Federal or State authority.

( i) The request for a TSCA PCB Coordinated Approval shall include a copy of the letter from EPA announcing or confirming the EPA identification number issued to the facility for conducting PCB activities; the name, organization, and telephone number of the person who is the contact point for the non TSCA Federal or State waste management authority; a copy of the relevant permit or waste management document specified in paragraphs ( b) and ( c) of this section, including all requirements, conditions, and limitations, if the EPA Regional Administrator does not have a copy of the document, or a description of the waste management activities to be conducted if a permit or other relevant waste management document has not been issued; and a certification that the person who owns or operates the facility is aware of and will adhere to the TSCA PCB reporting and recordkeeping requirements at subparts J and K of this part.

( ii) The EPA Regional Administrator shall review the request for completeness, for compliance with the requirements of paragraphs ( b) and ( c) of this section, and to ensure that the PCB activity for which approval is requested will not present an unreasonable risk of injury to health or the environment. The EPA Regional Administrator shall either:

( A) Issue a written notice of deficiency explaining why the request for approval is deficient. If appropriate, the EPA Regional Administrator may either:

( 1) Request additional information to cure the deficiency.

( 2) Deny the request for a TSCA PCB Coordinated Approval.

( B) Issue a letter granting or denying the TSCA PCB Coordinated Approval. If the EPA Regional Administrator grants the TSCA PCB Coordinated Approval, he or she may acknowledge the non TSCA approval meets the regulatory requirements under TSCA as written, or require additional conditions the EPA Regional Administrator has determined are necessary to prevent unreasonable risk of injury to health or the environment.

( C) If the EPA Regional Administrator denies a request for a Coordinated Approval under paragraphs ( a)( 1)( ii)( A) or ( a)( 1)( ii)( B) of this section, the person who requested the TSCA PCB Coordinated Approval may submit an application for a TSCA Disposal Approval.

( 2) The EPA Regional Administrator may issue a notice of deficiency, revoke the TSCA PCB Coordinated Approval, require the person to whom the TSCA PCB Coordinated Approval was issued to submit an application for a TSCA PCB approval, or bring an enforcement action under TSCA if he or she determines that:

( i) Conditions of the approval relating to PCB waste management activities are not met.

( ii) The PCB waste management process is being operated in a manner which may result in an unreasonable risk of injury to health or the environment.

( iii) The non TSCA approval expires, is revoked, is suspended, or otherwise ceases to be in full effect.

( 3) Any person with a TSCA PCB Coordinated Approval must notify the EPA Regional Administrator in writing within 5 calendar days of changes relating to PCB waste requirements in the non TSCA waste management document which serves as the basis for a TSCA PCB Coordinated Approval. Changes in the ownership of a commercial storage facility which holds a TSCA PCB Coordinated Approval shall be handled pursuant to § 761.65( j).

( b) Any person who owns or operates a facility that he or she intends to use to landfill PCB wastes; incinerate PCB wastes; dispose of PCB wastes using an alternative disposal method that is equivalent to disposal in an incinerator approved under § 761.70 or a high efficiency boiler operating in compliance with § 761.71; or stores PCB wastes may apply for a TSCA PCB Coordinated Approval. The EPA Regional Administrator may approve the request if the EPA Regional Administrator determines that the activity will not pose an unreasonable risk of injury to health or the environment and the person:

( 1)( i) Has a waste management permit or other decision or enforcement document which exercises control over PCB wastes, issued by EPA or an authorized State Director for a State program that has been approved by EPA and is no less stringent in protection of health or the environment than the applicable TSCA requirements found in this part; or ( ii) Has a PCB waste management permit or other decision or enforcement document issued by a State Director pursuant to a State PCB waste management program no less stringent in protection of health or the environment than the applicable TSCA requirements found in this part; or ( iii) Is subject to a waste management permit or other decision or enforcement document which is applicable to the disposal of PCBs and which was issued through the promulgation of a regulation published in Title 40 of the Code of Federal Regulations.

( 2) Complies with the terms and conditions of the permit or other decision or enforcement document described in paragraph ( b)( 1) of this section.

( 3) Unless otherwise waived or modified in writing by the EPA Regional Administrator, complies with § 761.75( b); § 761.70( a)( 1) through ( a)( 9), ( b)( 1) and ( b)( 2), and ( c); or the PCB storage requirements at § § 761.65( a), ( c), and ( d)( 2), as appropriate.

( 4) Complies with the reporting and recordkeeping requirements in subparts J and K of this part.

( c) A person conducting research and development ( R& D) into PCB disposal methods ( regardless of PCB concentration), or conducting PCB remediation activities may apply for a TSCA PCB Coordinated Approval. The EPA Regional Administrator may approve the request if the EPA Regional Administrator determines that the activity will not pose an unreasonable risk of injury to health or the environment and the person:

( 1)( i) Has a permit or other decision and enforcement document issued or otherwise agreed to by EPA, or permit or other decision and enforcement document issued by an authorized State Director for a State program that has been approved by EPA, which exercises control over the management of PCB wastes, and that person is in compliance with all terms and conditions of that document; or ( ii) Has a permit, which exercises control over the management of PCB wastes, issued by a State Director pursuant to a State PCB disposal program no less stringent than the requirements in this part.

( 2) Complies with the terms and conditions of that permit or other decision and enforcement document.

( 3) Complies with the reporting and recordkeeping requirements in subparts J and K of this part.

[ 63 FR 35456, June 29, 1998]

§ 761.79 Decontamination standards and procedures.

( a) Applicability. This section establishes decontamination standards and procedures for removing PCBs, which are regulated for disposal, from water, organic liquids, non porous surfaces ( including scrap metal from disassembled electrical equipment), concrete, and non porous surfaces covered with a porous surface, such as paint or coating on metal.

( 1) Decontamination in accordance with this section does not require a disposal approval under subpart D of this part.

( 2) Materials from which PCBs have been removed by decontamination in accordance with this section may be distributed in commerce in accordance with § 761.20( c)( 5).

( 3) Materials from which PCBs have been removed by decontamination in accordance with this section may be used or reused in accordance with § 761.30( u).

( 4) Materials from which PCBs have been removed by decontamination in accordance with this section, not including decontamination waste and residuals under paragraph ( g) of this section, are unregulated for disposal under subpart D of this part.

( 5) Any person decontaminating porous surfaces other than concrete under paragraph ( b)( 4) of this section and non porous surfaces covered with a porous surface, such as paint or coating on metal, under paragraph ( b)( 3) or ( c)( 6) of this section must obtain an alternative decontamination approval in accordance with paragraph ( h) of this section.

( 6) Any person engaging in decontamination under this section is responsible for determining and complying with all other applicable Federal, State, and local laws and regulations.

( b) Decontamination standards. Chopping ( including wire chopping), distilling, filtering, oil/ water separation, spraying, soaking, wiping, stripping of insulation, scraping, scarification or the use of abrasives or solvents may be used to remove or separate PCBs, to the following standards, from liquids, concrete, or non porous surfaces.

( 1) The decontamination standard for water containing PCBs is:

( i) Less than 200  g/ L ( i. e., < 200 ppb PCBs) for non contact use in a closed system where there are no releases;

( ii) For water discharged to a treatment works ( as defined in § 503.9( aa) of this chapter) or to navigable waters, < 3  g/ L ( approximately < 3 ppb) or a PCB discharge limit included in a permit issued under section 307( b) or 402 of the Clean Water Act; or ( iii) Less than or equal to 0.5  g/ L ( i. e., approximately  0.5 ppb PCBs) for unrestricted use.

( 2) The decontamination standard for organic liquids and non aqueous inorganic liquids containing PCBs is < 2 milligrams per kilogram ( i. e., < 2 ppm PCBs).

( 3) The decontamination standard for non porous surfaces in contact with liquid and non liquid PCBs is:

( i) For unrestricted use:

( A) For non porous surfaces previously in contact with liquid PCBs at any concentration, where no free flowing liquids are currently present,  10 micrograms PCBs per 100 square centimeters (  10  g/ 100 cm2) as measured by a standard wipe test ( § 761.123) at locations selected in accordance with subpart P of this part. ( B) For non porous surfaces in contact with non liquid PCBs ( including non porous surfaces covered with a porous surface, such as paint or coating on metal), cleaning to Visual Standard No. 2, Near White Blast Cleaned Surface Finish, of the National Association of Corrosion Engineers ( NACE). A person shall verify compliance with standard No. 2 by visually inspecting all cleaned areas.

( ii) For disposal in a smelter operating in accordance with § 761.72( b):

( A) For non porous surfaces previously in contact with liquid PCBs at any concentration, where no free flowing liquids are currently present, < 100  g/ 100 cm2 as measured by a standard wipe test ( § 761.123) at locations selected in accordance with subpart P of this part.

( B) For non porous surfaces in contact with non liquid PCBs ( including non porous surfaces covered with a porous surface, such as paint or coating on metal), cleaning to Visual Standard No. 3, Commercial Blast Cleaned Surface Finish, of the National Association of Corrosion Engineers ( NACE). A person shall verify compliance with standard No. 3 by visually inspecting all cleaned areas.

( 4) The decontamination standard for concrete is  10  g/ 100 cm2 as measured by a standard wipe test ( § 761.123) if the decontamination procedure is commenced within 72 hours of the initial spill of PCBs to the concrete or portion thereof being decontaminated.

( c) Self implementing decontamination procedures. The following self implementing decontamination procedures are available as an alternative to the measurement based decontamination methods specified in paragraph ( b) of this section. Any person performing self implementing decontamination must comply with one of the following procedures.

( 1) Any person decontaminating a PCB Container must do so by flushing the internal surfaces of the container three times with a solvent containing < 50 ppm PCBs. Each rinse shall use a volume of the flushing solvent equal to approximately 10 percent of the PCB Container capacity.

( 2) Any person decontaminating movable equipment contaminated by PCBs, tools, and sampling equipment may do so by:

( i) Swabbing surfaces that have contacted PCBs with a solvent;

( ii) A double wash/ rinse as defined in subpart S of this part; or ( iii) Another applicable decontamination procedure in this section.

( 3) Any person decontaminating a non porous surface in contact with free flowing mineral oil dielectric fluid ( MODEF) at levels  10,000 ppm PCBs must do so as follows:

( i) Drain the free flowing MODEF and allow the residual surfaces to drain for an additional 15 hours. ( ii) Dispose of drained MODEF according to paragraph ( g) of this section.

( iii) Soak the surfaces to be decontaminated in a sufficient amount of clean ( containing < 2 ppm PCBs) performance based organic decontamination fluid ( PODF) such that there is a minimum of 800 ml of PODF for each 100 cm2 of contaminated or potentially contaminated surface for at least 15 hours at

20 ° C.

( iv) Approved PODFs include:

( A) Kerosene.

( B) Diesel fuel.

( C) Terpene hydrocarbons.

( D) Mixtures of terpene hydrocarbons and terpene alcohols.

( v) Drain the PODF from the surfaces.

( vi) Dispose of the drained PODF in accordance with paragraph ( g) of this section.

( 4) Any person decontaminating a non porous surface in contact with free flowing MODEF containing > 10,000 ppm PCB in MODEF or askarel PCB ( up to 70 percent PCB in a mixture of trichlorobenzenes and tetrachlorobenzenes) must do so as follows:

( i) Drain the free flowing MODEF or askarel and allow the residual surfaces to drain for an additional 15 hours.

( ii) Dispose of drained MODEF or askarel according to paragraph ( g) of this section.

( iii) Soak the surfaces to be decontaminated in a sufficient amount of clean PODF ( containing < 2 ppm PCBs) such that there is a minimum of 800 ml of PODF for each 100 cm2 of contaminated or potentially contaminated surface for at least 15 hours at

20 ° C.

( iv) Approved PODFs include:

( A) Kerosene.

( B) Diesel fuel.

( C) Terpene hydrocarbons.

( D) Mixtures of terpene hydrocarbons and terpene alcohols.

( v) Drain the PODF from the surfaces. ( vi) Dispose of the drained PODF in accordance with paragraph ( g) of this section.

( vii) Resoak the surfaces to be decontaminated, pursuant to paragraph ( c)( 3)( iii) of this section, in a sufficient amount of clean PODF ( containing < 2 ppm PCBs) such that there is a minimum of 800 ml of PODF for each 100 cm2 of surface for at least 15 hours at

20 ° C.

( viii) Drain the PODF from the surfaces.

( ix) Dispose of the drained PODF in accordance with paragraph ( g) of this section.

( 5) Any person decontaminating piping and air lines in an air compressor system must do so as follows:

( i) Before decontamination proceeds, disconnect or bypass the air compressors and air dryers from the piping and air lines and decontaminate the air compressors and air dryers separately in accordance with paragraphs ( b), ( c)( 1) through ( c)( 4), or ( c)( 6) of this section. Dispose of filter media and desiccant in the air dyers based on their existing PCB concentration.

( ii) Test the connecting line and appurtenances of the system to assure that there is no leakage. Test by introducing air into the closed system at from 90 to 100 pounds per square inch ( psi). Only if there is a pressure drop of < 5 psi in 30 minutes may decontamination take place.

( iii) When there is no leakage, fill the piping and air lines with clean ( containing < 2 ppm PCBs) solvent. Solvents include PODF, aqueous potassium hydroxide at a pH between 9 and 12, or water containing 5 percent sodium hydroxide by weight.

( iv) Circulate the solvent to achieve turbulent flow through the piping and air lines in the air compressor system until the total volume of solvent circulated equals 10 times the total volume of the particular article being decontaminated, then drain the solvent. Calculate the total volume of solvent circulated by multiplying the pump rate by the time of pumping. Turbulent flow means a Reynolds number range from 20,000 to 43,000. Refill the system with clean solvent and repeat the circulation and drain process.

( 6) Any person using thermal processes to decontaminate metal surfaces in contact with PCBs, as required by § 761.62( a)( 6), must use one of the following options:

( i) Surfaces in contact with liquid and non liquid PCBs at concentrations < 500 ppm may be decontaminated in a scrap metal recovery oven or smelter for purposes of disposal in accordance with § 761.72.

( ii) Surfaces in contact with liquid or non liquid PCBs at concentrations < 500 ppm may be smelted in a smelter operating in accordance with § 761.72( b), but must first be decontaminated in accordance with § 761.72( a) or to a surface concentration of < 100  g/ 100 cm2.

( d) Decontamination solvents. ( 1) Unless otherwise provided in paragraphs ( c)( 3) through ( c)( 5) of this section, the solubility of PCBs in any solvent used for purposes of decontamination under this section must be 5 percent or more by weight.

( 2) The solvent may be reused for decontamination so long as its PCB concentration is < 50 ppm.

( 3) Solvent shall be disposed of under paragraph ( g) of this section.

( 4) Other than as allowed in paragraphs ( c)( 3) and ( c)( 4) of this section, solvents may be tested and validated for performance based decontamination of non porous surfaces contaminated with MODEF or other PCB liquids, in accordance with the self implementing procedures found in subpart T of this part. Specific conditions for the performance based testing from this validation are determined in the validation study.

( e) Limitation of exposure and control of releases. ( 1) Any person conducting decontamination activities under this section shall take necessary measures to protect against direct release of PCBs to the environment from the decontamination area.

( 2) Persons participating in decontamination activities shall wear or use protective clothing or equipment to protect against dermal contact or inhalation of PCBs or materials containing PCBs.

( f) Sampling and recordkeeping. ( 1) Confirmatory sampling is required under paragraph ( b) of this section. For liquids described in paragraphs ( b)( 1) and ( b)( 2) of this section, sample in accordance with § § 761.269 and 761.272. For non porous surfaces and concrete described in paragraphs ( b)( 3) and ( b)( 4) of this section, sample in accordance with subpart P of this part. A written record of such sampling must be established and maintained for 3 years from the date of any decontamination under this section. The record must show sampling locations and analytical results and must be retained at the site of the decontamination or a copy of the record must be made available to EPA in a timely manner, if requested. In addition, recordkeeping is required in accordance with § 761.180( a) for all wastes generated by a decontamination process and regulated for disposal under this subpart.

( 2) Confirmatory sampling is not required for self implementing decontamination procedures under paragraph ( c) of this section. Any person using these procedures must retain a written record documenting compliance with the procedures for 3 years after completion of the decontamination procedures ( e. g., video recordings, photographs).

( g) Decontamination waste and residues. Decontamination waste and residues shall be disposed of at their existing PCB concentration unless otherwise specified.

( 1) Distillation bottoms or residues and filter media are regulated for disposal as PCB remediation waste.

( 2) PCBs physically separated from regulated waste during decontamination ( such as by chopping, shredding, scraping, abrading or oil/ water separation, as opposed to solvent rinsing and soaking), other than wastes described in paragraph ( g)( 1) of this section, are regulated for disposal at their original concentration.

( 3) Hydrocarbon solvent used or reused for decontamination under this section that contains < 50 ppm PCB must be burned and marketed in accordance with the requirements for used oil in § 761.20( e), disposed of in accordance with § 761.60( a) or ( e), or decontaminated pursuant to this section.

( 4) Chlorinated solvent at any PCB concentration used for decontamination under this section shall be disposed of in an incinerator operating in compliance with § 761.70, or decontaminated pursuant to this section.

( 5) Solvents

50 ppm other than those described in paragraphs ( g)( 3) and ( g)( 4) of this section shall be disposed of in accordance with § 761.60( a) or decontaminated pursuant to this section.

( 6) Non liquid cleaning materials and personal protective equipment waste at any concentration, including non porous surfaces and other non liquid materials such as rags, gloves, booties, other disposable personal protective equipment, and similar materials resulting from decontamination shall be disposed of in accordance with § 761.61( a)( 5)( v).

( h) Alternative decontamination or sampling approval. ( 1) Any person wishing to decontaminate material described in paragraph ( a) of this section in a manner other than prescribed in paragraph ( b) of this section must apply in writing to the EPA Regional Administrator in the Region where the activity would take place, for decontamination activity occurring in a single EPA Region; or the Director of the National Program Chemicals Division, for decontamination activity occurring in more than one EPA Region. Each application must describe the material to be decontaminated and the proposed decontamination method, and must demonstrate that the proposed method is capable of decontaminating the material to the applicable level set out in paragraphs ( b)( 1) through ( b)( 4) of this section.

( 2) Any person wishing to decontaminate material described in paragraph ( a) of this section using a self implementing procedure other than prescribed in paragraph ( c) of this section must apply in writing to the EPA Regional Administrator in the Region where the activity would take place, for decontamination activity occurring in a single EPA Region; or the Director of the National Program Chemicals Division, for decontamination activity occurring in more than one EPA Region. Each application must describe the material to be decontaminated and the proposed self implementing decontamination method and must include a proposed validation study to confirm performance of the method.

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

( 4) EPA may request additional information that it believes necessary to evaluate the application.

( 5) EPA will issue a written decision on each application for risk based decontamination or sampling. No person may conduct decontamination or sampling under this paragraph prior to obtaining written approval from EPA. EPA will approve an application if it finds that the proposed decontamination or sampling method will not pose an unreasonable risk of injury to health or the environment.

[ 63 FR 35457, June 29, 1998, as amended at 64 FR 33761, June 24, 1999]

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

( a) The Administrator grants the following petitioner( s) an exemption for 1 year to process and distribute in commerce PCBs for use as a mounting medium in microscopy:

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

( 2) [ Reserved]

( b) The Administrator grants the following petitioner( s) an exemption for 1 year to process and distribute in commerce PCBs for use as a mounting medium in microscopy, an immersion oil in low fluorescence microscopy and an optical liquid:

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

( 2) [ Reserved]

( c) The Administrator grants the following petitioner( s) an exemption for 1 year to export PCBs for use in small quantities for research and development:

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

( 2) ManTech, Research Triangle Park, NC 27709.

( d) The Administrator grants the following petitioner( s) an exemption for 1 year to import ( manufacture) into the United States, small quantities of existing PCB fluids from electrical equipment for analysis:

( 1) Unison Transformer Services, Inc., Tarrytown, N. Y. 10591, provided each of the following conditions are met:

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

( ii) The exemption is limited to no more than 250 total samples per year.

( iii) Unison makes quarterly inspections of its laboratories to ensure that proper safety procedures are being followed.

( iv) Unison annually notifies and describes to EPA its attempts to have samples analyzed abroad.

( 2) [ Reserved]

( e) The Administrator grants a class exemption to all research and development ( R& D) facilities for a period of 1 year to manufacture or import PCBs for use solely in the manufacturer or importer's own research for the development of PCB disposal technologies. Each person that wishes to be part of the exemption must meet the following conditions:

( 1) A petition for an exemption from the PCB prohibition on manufacturing PCBs must be received by EPA 60 days prior to engaging in these activities.

( 2) Requests for renewal must be filed pursuant to § 750.11 of this chapter. EPA will deem any properly filed request for the renewal of the exemption by any member of the class as a renewal request for the entire class.

( 3) The quantity of the PCBs manufactured annually must not exceed 500 grams by total weight of pure PCBs. Any person who wishes to manufacture or import more than 500 grams of PCBs in 1 year must receive written approval from the Director, National Program Chemicals Division to exceed the limitations established by this provision. The Director, National Program Chemicals Division may grant approval without further rulemaking. Any increase granted will be in writing and will extend only for a maximum of the time remaining in a specific exemption year.

( 4) The owner or operator of the facility must notify the EPA Regional Administrator in writing 30 days prior to the commencement of R& D activities that include the manufacture or import of PCBs under the exemption, unless the facility has obtained a PCB R& D approval from EPA pursuant to § 761.60( e), § 761.60( i)( 2), § 761.70( a), or § 761.70( b) and the approval contains a provision allowing the manufacture of PCBs.

( 5) Records are maintained of their PCB activities for a period of 3 years after ceasing operations. The records must include the sources and the annual amounts of PCBs received if imported and the type and annual amount of PCBs that were manufactured.

( 6) All PCBs and materials containing PCBs, regardless of concentration, remaining from the disposal related studies must be disposed of according to § 761.60( j)( 1)( vi), or decontaminated pursuant to § 761.79, based on the original PCB concentration. ( f) The Administrator grants the following petitioner( s) an exemption for 1 year to manufacture PCBs for use in small quantities for research and development:

( 1) California Bionuclear Corp., Sun Valley, CA 91352 ( ME   13).

( 2) Foxboro Co., North Haven, CT 06473 ( ME   6).

( 3) ULTRA Scientific, Inc., Hope, RI 02831 ( ME   99.1).

( 4) Midwest Research Institute, Kansas City, MO 64110 ( ME   70.1).

( 5) Pathfinder Laboratories, St. Louis, MO 63146 ( A division of Sigma Aldridge Corporation, St. Louis, MO, 63178 ( ME   76).

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

( 7) Wellington Sciences USA, College Station, TX 77840 ( ME   104.1).

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

( g) The Administrator grants a class exemption to all processors and distributors of PCBs in small quantities for research and development provided that the following conditions are met:

( 1) All processors and distributors must maintain records of their PCB activities for a period of 5 years.

( 2) Any person or company which expects to process or distribute in commerce 100 grams (. 22 lb) or more PCBs in 1 year must report to EPA identifying the sites of PCB activities and the quantity of PCBs to be processed or distributed in commerce.

( h) The Administrator grants the following petitioners an exemption for 1 year to process and distribute in commerce PCBs for analytical reference samples derived from actual waste materials:

( 1) R. T. Corporation, Laramie, WY 82070.

( 2) [ Reserved]

( i) The Administrator grants a class exemption to all persons who manufacture, import, process, distribute in commerce, or export PCBs, or analytical reference samples derived from PCB waste material, provided the PCBs are manufactured, imported, processed, distributed in commerce, or exported solely for the purpose of R& D and the following conditions are met:

( 1) Notification in the form of a petition for an exemption from the PCB prohibitions on manufacture, import, processing, distribution in commerce, or export is received by EPA 60 days prior to engaging in these activities. ( 2) Requests for renewal are filed pursuant to § § 750.11 and 750.31 of this chapter. EPA will deem any properly filed request for the renewal of the exemption by any member of the class as a renewal request for the entire class.

( 3) The PCBs are packaged in one or more hermetically sealed containers of a volume of no more than 5.0 ml each. Analytical reference samples derived from PCB waste material may be packaged in a container larger than 5.0 ml when packaged pursuant to applicable DOT performance standards.

( 4) The quantity of PCBs manufactured, imported, processed, distributed in commerce, or exported annually must not exceed 500 grams by total weight of pure PCBs. Any person who expects to manufacture, import, process, distribute in commerce, or export more than 500 grams of PCBs in 1 year or to exceed the 5.0 ml packaging requirement must obtain a written approval from the Director, National Program Chemicals Division and must identify the sites of PCB activities and the quantity of PCBs to be manufactured, imported, processed, distributed in commerce, or exported. Each request must include a justification. The Director, National Program Chemicals Division, may grant approval without further rulemaking. Any increase granted will be in writing and will extend only for a maximum of the time remaining in a specific exemption year.

( 5) All treated and untreated PCB regulated material and material coming into contact with regulated material must be stored and disposed of according to subpart D of this part, or decontaminated pursuant to § 761.79.

( 6) All PCB materials must be distributed in DOT authorized packaging.

( 7) Records are maintained of their PCB activities for a period of 3 years after ceasing operations. The records must include the sources and the annual amounts of PCBs received if imported, the annual amount of PCBs that were manufactured, the annual amount of PCBs that were processed and/ or distributed in commerce ( to include export), and the persons to whom the PCBs were shipped.

( j) The Administrator grants the following petitions to import PCBs and PCB items for disposal pursuant to this part:

( 1) United States Defense Logistics Agency's January 19, 2001, petition for an exemption for 1 year to import PCBs and PCB Items stored on Wake Island and identified in its petition for disposal. This exemption shall expire on April 17, 2004.

( 2) United States Defense Logistics Agency's April 16, 2001, petition for an exemption for 1 year to import PCBs and PCB Items stored or in use in Japan and identified in its petition, as amended, for disposal. This exemption shall expire on April 17, 2004.

( k)   ( l) [ Reserved] ( m) The Administrator grants the following petitioner( s) an exemption for 1 year to process and export small quantities of PCBs for research and development:

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

( 2) Foxboro Co., North Haven, CT 06473 ( ME   6).

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

( 4) ULTRA Scientific, Inc., Hope, RI 02831 ( PDE   282.1).

( 5) Supelco, Inc., Bellefonte, PA 16823   0048 ( PDE   41.2).

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

( 7) Restek Corporation, Bellefonte, PA ( n) The 1   year exemption granted to petitioners in paragraphs ( a) through ( c)( 1), ( d), ( f), and ( m)( 1) through ( m)( 6) of this section shall be renewed automatically as long as there is no increase in the amount of PCBs to be processed and distributed, imported ( manufactured), or exported, nor any change in the manner of processing and distributing, importing ( manufacturing), or exporting of PCBs. If there is such a change, a new exemption petition must be submitted to EPA and it will be addressed through an exemption rulemaking. In such a case, the activities granted under the existing exemption may continue until the new petition is addressed by rulemaking, but must conform to the terms of the existing exemption approved by EPA. The 1   year exemption granted to petitioners in paragraphs ( c)( 2), ( h) and ( m)( 7) of this section may be extended pursuant to 40 CFR 750.11( e) or 750.31( e).

( o) The 1   year class exemption granted to all processors and distributors of PCBs in small quantities for research and development in paragraph ( g) of this section shall be renewed automatically unless information is submitted affecting EPA's conclusion that the class exemption, or the activities of any individual or company included in the exemption, will not pose an unreasonable risk of injury to health or the environment. EPA will evaluate the information, issue a proposed rule for public comment, and issue a final rule affecting the class exemption or individuals or companies included in the class exemption. Until EPA issues a final rule, individuals and companies included in the class exemption will be allowed to continue processing and distributing PCBs in small quantities for research and development.

[ 55 FR 38999, Sept. 24, 1990, as amended at 59 FR 16998, Apr. 11, 1994; 63 FR 35460, June 29, 1998; 68 FR 4941, Jan. 31, 2003]

Effective Date Note: At 68 FR 4941, Jan. 31, 2003, § 761.80 was amended by adding paragraph ( j), effective Apr. 18, 2003 and shall expire on Apr. 17, 2004.

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

§ 761.91 Applicability.

This subpart establishes requirements under section 6 of TSCA applicable to the transboundary shipments of PCBs and PCB Items into and out of the United States for disposal. Nothing in this subpart is intended to obviate or otherwise alter obligations applicable to imported or exported PCBs and PCB Items under foreign laws, international agreements or arrangements, other United States statutes and regulations, other sections of TSCA ( e. g., sections 13 and 14), or laws of the various States of the United States. No provision of this section shall be construed to affect or limit the applicability of any requirement applicable to transporters of PCB waste under regulations issued by the U. S. Department of Transportation ( DOT) and set forth at 49 CFR parts 171 180.

§ 761.93 Import for disposal.

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

( b) [ Reserved]

[ 63 FR 35460, June 29, 1998]

§ 761.97 Export for disposal.

( a) General provisions. No person may export PCBs or PCB Items for disposal without an exemption, except that:

( 1) PCBs and PCB Items at concentrations < 50 ppm ( or < 10  g PCB/ 100 cm2 if no free flowing liquids are present) may be exported for disposal.

( 2) For the purposes of this section, PCBs and PCB Items of unknown concentrations shall be treated as if they contain

50 ppm .

( b) [ Reserved]

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

§ 761.99 Other transboundary shipments.

For purposes of this subpart, the following transboundary shipments are not considered exports or imports:

( a) PCB waste generated in the United States, transported outside the Customs Territory of the United States ( including any residuals resulting from cleanup of spills of such wastes in transit) through another country or its territorial waters, or through international waters, and returned to the United States for disposal.

( b) PCB waste in transit, including any residuals resulting from cleanup of spills during transit, through the United States ( e. g., from Mexico to Canada, from Canada to Mexico).

( c) PCB waste transported from any State to any other State for disposal, regardless of whether the waste enters or leaves the customs territory of the United States, provided that the PCB waste or the PCBs from which the waste was derived were present in the United States on January 1, 1979, and have remained within the United States since that date.

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

Subpart G   PCB Spill Cleanup Policy Source: 52 FR 10705, Apr. 2, 1987, unless otherwise noted.

§ 761.120 Scope.

( a) General. This policy establishes criteria EPA will use to determine the adequacy of the cleanup of spills resulting from the release of materials containing PCBs at concentrations of 50 ppm or greater. The policy applies to spills which occur after May 4, 1987.

( 1) Existing spills ( spills which occurred prior to May 4, 1987, are excluded from the scope of this policy for two reasons:

( i) For old spills which have already been discovered, this policy is not intended to require additional cleanup where a party has already cleaned a spill in accordance with requirements imposed by EPA through its regional offices, nor is this policy intended to interfere with ongoing litigation of enforcement actions which bring into issue PCB spills cleanup.

( ii) EPA recognizes that old spills which are discovered after the effective date of this policy will require site by site evaluation because of the likelihood that the site involves more pervasive PCB contamination than fresh spills and because old spills are generally more difficult to clean up than fresh spills ( particularly on porous surfaces such as concrete). Therefore, spills which occurred before the effective date of this policy are to be decontaminated to requirements established at the discretion of EPA, usually through its regional offices.

( 2) EPA expects most PCB spills subject to the TSCA PCB regulations to conform to the typical spill situations considered in developing this policy. This policy does, however, exclude from application of the final numerical cleanup standards certain spill situations from its scope: Spills directly into surface waters, drinking water, sewers, grazing lands, and vegetable gardens. These types of spills are subject to final cleanup standards to be established at the discretion of the regional office. These spills are, however, subject to the immediate notification requirements and measures to minimize further environmental contamination. ( 3) For all other spills, EPA generally expects the decontamination standards of this policy to apply. Occasionally, some small percentage of spills covered by this policy may warrant more stringent cleanup requirements because of additional routes of exposure or significantly greater exposures than those assumed in developing the final cleanup standards of this policy. While the EPA regional offices have the authority to require additional cleanup in these circumstances, the Regional Administrator must first make a finding based on the specific facts of a spill that additional cleanup must occur to prevent unreasonable risk. In addition, before a final decision is made to require additional cleanup, the Regional Administrator must notify the Director, Office of Pollution Prevention and Toxics at Headquarters of his/ her finding and the basis for the finding.

( 4) There may also be exceptional spill situations that requires less stringent cleanup or a different approach to cleanup because of factors associated with the particular spill. These factors may mitigate expected exposures and risks or make cleanup to these requirements impracticable.

( b) Spills that may require more stringent cleanup levels. For spills within the scope of this policy, EPA generally retains, under § 761.135, the authority to require additional cleanup upon finding that, despite good faith efforts by the responsible party, the numerical decontamination levels in the policy have not been met. In addition, EPA foresees the possibility of exceptional spill situations in which site specific risk factors may warrant additional cleanup to more stringent numerical decontamination levels than are required by the policy. In these situations, the Regional Administrator has the authority to require cleanup to levels lower than those included in this policy upon finding that further cleanup must occur to prevent unreasonable risk. The Regional Administrator will consult with the Director, Office of Pollution Prevention and Toxics, prior to making such a finding.

( 1) For example, site specific characteristics, such as short depth to ground water, type of soil, or the presence of a shallow well, may pose exceptionally high potential for ground water contamination by PCBs remaining after cleanup to the standards specified in this policy. Spills that pose such a high degree of potential for ground water contamination have not been excluded from the policy under paragraph ( d) of this section because the presence of such potential may not be readily apparent. EPA feels that automatically excluding such spills from the scope of the policy could result in the delay of cleanup   a particularly undesirable outcome if potential ground water contamination is, in fact, a significant concern.

( 2) In those situations, the Regional Administrator may require cleanup in addition to that required under § 761.125 ( b) and ( c). However, the Regional Administrator must first make a finding, based on the specific facts of a spill, that additional cleanup is necessary to prevent unreasonable risk. In addition, before making a final decision on additional cleanup, the Regional Administrator must notify the Director of the Office of Pollution Prevention and Toxics of his finding and the basis for the finding.

( c) Flexibility to allow less stringent or alternative requirements. EPA retains the flexibility to allow less stringent or alternative decontamination measures based upon site specific considerations. EPA will exercise this flexibility if the responsible party demonstrates that cleanup to the numerical decontamination levels is clearly unwarranted because of risk mitigating factors, that compliance with the procedural requirements or numerical standards in the policy is impracticable at a particular site, or that site specific characteristics make the costs of cleanup prohibitive. The Regional Administrator will notify the Director of OPPT of any decision and the basis for the decision to allow less stringent cleanup. The purpose of this notification is to enable the Director of OPPT to ensure consistency of spill cleanup standards under special circumstances across the regions.

( d) Excluded spills. ( 1) Although the spill situations in paragraphs ( d)( 2) ( i) through ( vi) of this section are excluded from the automatic application of final decontamination standards under § 761.125 ( b) and ( c), the general requirements under § 761.125( a) do apply to these spills. In addition, all of these excluded situations require practicable, immediate actions to contain the area of contamination. While these situations may not always require more stringent cleanup measures, the Agency is excluding these scenarios because they will always involve significant factors that may not be adequately addressed by cleanup standards based upon typical spill characteristics.

( 2) For the spill situations in paragraphs ( d)( 2)( i) through ( vi) of this section, the responsible party shall decontaminate the spill in accordance with site specific requirements established by the EPA regional offices.

( i) Spills that result in the direct contamination of surface waters ( surface waters include, but are not limited to, " waters of the United States" as defined in part 122 of this chapter, ponds, lagoons, wetlands, and storage reservoirs).

( ii) Spills that result in the direct contamination of sewers or sewage treatment systems.

( iii) Spills that result in the direct contamination of any private or public drinking water sources or distribution systems.

( iv) Spills which migrate to and contaminate surface waters, sewers, or drinking water supplies before cleanup has been completed in accordance with this policy.

( v) Spills that contaminate animal grazing lands.

( vi) Spills that contaminate vegetable gradens.

( e) Relationship of policy to other statutes. ( 1) This policy does not affect cleanup standards or requirements for the reporting of spills imposed, or to be imposed, under other Federal statutory authorities, including but not limited to, the Clean Water Act ( CWA), the Resource Conservation and Recovery Act ( RCRA), and the Comprehensive Environmental Response Compensation and Liability Act of 1980 ( CERCLA) as amended by the Superfund Amendments and Reauthorization Act ( SARA). Where more than one requirement applies, the stricter standard must be met.

( 2) The Agency recognizes that the existence of this policy will inevitably result in attempts to apply the standards to situations within the scope of other statutory authorities. However, other statutes require the Agency to consider different or alternative factors in determining appropriate corrective actions. In addition, the types and magnitudes of exposures associated with sites requiring corrective action under other statutes often involve important differences from those expected of the typical, electrical equipment type spills considered in developing this policy. Thus, cleanups under other statutes, such as RCRA corrective actions or remedial and response actions under SARA may result in different outcomes.

§ 761.123 Definitions.

For purposes of this policy, certain words and phrases are used to denote specific materials, procedures, or circumstances. The following definitions are provided for purposes of clarity and are not to be taken as exhaustive lists of situations and materials covered by the policy.

Double wash/ rinse means a minimum requirement to cleanse solid surfaces ( both impervious and nonimpervious) two times with an appropriate solvent or other material in which PCBs are at least 5 percent soluble ( by weight). A volume of PCB free fluid sufficient to cover the contaminated surface completely must be used in each wash/ rinse. The wash/ rinse requirement does not mean the mere spreading of solvent or other fluid over the surface, nor does the requirement mean a once over wipe with a soaked cloth. Precautions must be taken to contain any runoff resulting from the cleansing and to dispose properly of wastes generated during the cleansing.

High concentration PCBs means PCBs that contain 500 ppm or greater PCBs, or those materials which EPA requires to be assumed to contain 500 ppm or greater PCBs in the absence of testing.

High contact industrial surface means a surface in an industrial setting which is repeatedly touched, often for relatively long periods of time. Manned machinery and control panels are examples of high contact industrial surfaces. High contact industrial surfaces are generally of impervious solid material. Examples of low contact industrial surfaces include ceilings, walls, floors, roofs, roadways and sidewalks in the industrial area, utility poles, unmanned machinery, concrete pads beneath electrical equipment, curbing, exterior structural building components, indoor vaults, and pipes.

High contact residential/ commercial surface means a surface in a residential/ commercial area which is repeatedly touched, often for relatively long periods of time. Doors, wall areas below 6 feet in height, uncovered flooring, windowsills, fencing, bannisters, stairs, automobiles, and children's play areas such as outdoor patios and sidewalks are examples of high contact residential/ commercial surfaces. Examples of low contact residential/ commercial surfaces include interior ceilings, interior wall areas above 6 feet in height, roofs, asphalt roadways, concrete roadways, wooden utility poles, unmanned machinery, concrete pads beneath electrical equipment, curbing, exterior structural building components ( e. g., aluminum/ vinyl siding, cinder block, asphalt tiles), and pipes.

Impervious solid surfaces means solid surfaces which are nonporous and thus unlikely to absorb spilled PCBs within the short period of time required for cleanup of spills under this policy. Impervious solid surfaces include, but are not limited to, metals, glass, aluminum siding, and enameled or laminated surfaces.

Low concentration PCBs means PCBs that are tested and found to contain less than 500 ppm PCBs, or those PCB containing materials which EPA requires to be assumed to be at concentrations below 500 ppm ( i. e., untested mineral oil dielectric fluid).

Nonimpervious solid surfaces means solid surfaces which are porous and are more likely to absorb spilled PCBs prior to completion of the cleanup requirements prescribed in this policy. Nonimpervious solid surfaces include, but are not limited to, wood, concrete, asphalt, and plasterboard.

Nonrestricted access areas means any area other than restricted access, outdoor electrical substations, and other restricted access locations, as defined in this section. In addition to residential/ commercial areas, these areas include unrestricted access rural areas ( areas of low density development and population where access is uncontrolled by either man made barriers or naturally occurring barriers, such as rough terrain, mountains, or cliffs).

Other restricted access ( nonsubstation) locations means areas other than electrical substations that are at least 0.1 kilometer ( km) from a residential/ commercial area and limited by man made barriers ( e. g., fences and walls) to substantially limited by naturally occurring barriers such as mountains, cliffs, or rough terrain. These areas generally include industrial facilities and extremely remote rural locations. ( Areas where access is restricted but are less than 0.1 km from a residential/ commercial area are considered to be residential/ commercial areas.)

Outdoor electrical substations means outdoor, fenced off, and restricted access areas used in the transmission and/ or distribution of electrical power Outdoor electrical substations restrict public access by being fenced or walled off as defined under § 761.30( l)( 1)( ii). For purposes of this TSCA policy, outdoor electrical substations are defined as being located at least 0.1 km from a residential/ commercial area. Outdoor fenced off and restricted access areas used in the transmission and/ or distribution of electrical power which are located less than 0.1. km from a residential/ commercial area are considered to be residential/ commercial areas.

PCBs means polychlorinated biphenyls as defined under § 761.3. As specified under § 761.1( b), no requirements may be avoided through dilution of the PCB concentration.

Requirements and standards means:

( 1) " Requirements" as used in this policy refers to both the procedural responses and numerical decontamination levels set forth in this policy as constituting adequate cleanup of PCBs.

( 2) " Standards" refers to the numerical decontamination levels set forth in this policy.

Residential/ commercial areas means those areas where people live or reside, or where people work in other than manufacturing or farming industries. Residential areas include housing and the property on which housing is located, as well as playgrounds, roadways, sidewalks, parks, and other similar areas within a residential community. Commercial areas are typically accessible to both members of the general public and employees and include public assembly properties, institutional properties, stores, office buildings, and transportation centers.

Responsible party means the owner of the PCB equipment, facility, or other source of PCBs or his/ her designated agent ( e. g., a facility manager or foreman).

Soil means all vegetation, soils and other ground media, including but not limited to, sand, grass, gravel, and oyster shells. It does not include concrete and asphalt.

Spill means both intentional and unintentional spills, leaks, and other uncontrolled discharges where the release results in any quantity of PCBs running off or about to run off the external surface of the equipment or other PCB source, as well as the contamination resulting from those releases. This policy applies to spills of 50 ppm or greater PCBs. The concentration of PCBs spilled is determined by the PCB concentration in the material spilled as opposed to the concentration of PCBs in the material onto which the PCBs were spilled. Where a spill of untested mineral oil occurs, the oil is presumed to contain greater than 50 ppm, but less than 500 ppm PCBs and is subject to the relevant requirements of this policy.

Spill area means the area of soil on which visible traces of the spill can be observed plus a buffer zone of 1 foot beyond the visible traces. Any surface or object ( e. g., concrete sidewalk or automobile) within the visible traces area or on which visible traces of the spilled material are observed is included in the spill area. This area represents the minimum area assumed to be contaminated by PCBs in the absence of precleanup sampling data and is thus the minimum area which must be cleaned.

Spill boundaries means the actual area of contamination as determined by postcleanup verification sampling or by precleanup sampling to determine actual spill boundaries. EPA can require additional cleanup when necessary to decontaminate all areas within the spill boundaries to the levels required in this policy ( e. g., additional cleanup will be required if postcleanup sampling indicates that the area decontaminated by the responsible party, such as the spill area as defined in this section, did not encompass the actual boundaries of PCB contamination).

Standard wipe test means, for spills of high concentration PCBs on solid surfaces, a cleanup to numerical surface standards and sampling by a standard wipe test to verify that the numerical standards have been met. This definition constitutes the minimum requirements for an appropriate wipe testing protocol. A standard size template ( 10 centimeters ( cm) x 10 cm) will be used to delineate the area of cleanup; the wiping medium will be a gauze pad or glass wool of known size which has been saturated with hexane. It is important that the wipe be performed very quickly after the hexane is exposed to air. EPA strongly recommends that the gauze ( or glass wool) be prepared with hexane in the laboratory and that the wiping medium be stored in sealed glass vials until it is used for the wipe test. Further, EPA requires the collection and testing of field blanks and replicates.

[ 52 FR 10705, Apr. 2, 1987; 52 FR 23397, June 19, 1987] § 761.125 Requirements for PCB spill cleanup.

( a) General. Unless expressly limited, the reporting, disposal, and precleanup sampling requirements in paragraphs ( a) ( 1) through ( 3) of this section apply to all spills of PCBs at concentrations of 50 ppm or greater which are subject to decontamination requirements under TSCA, including those spills listed under § 761.120( b) which are excluded from the cleanup standards at paragraphs ( b) and ( c) of this section.

( 1) Reporting requirements. The reporting in paragraphs ( a)( 1) ( i) through ( iv) of this section is required in addition to applicable reporting requirements under the Clean Water Act ( CWA) or the Comprehensive Environmental Response Compensation and Liability Act of 1980 ( CERCLA). For example, under the National Contingency Plan all spills involving 1 pound or more by weight of PCBs must currently be reported to the National Response Center ( 1 800 424 8802). The requirements in paragraphs ( a)( 1) ( i) through ( iv) of this section are designed to be consistent with existing reporting requirements to the extent possible so as to minimize reporting burdens on governments as well as the regulated community.

( i) Where a spill directly contaminates surface water, sewers, or drinking water supplies, as discussed under § 761.120( d), the responsible party shall notify the appropriate EPA regional office ( the Office of Prevention, Pesticides and Toxic Substances Branch) and obtain guidance for appropriate cleanup measures in the shortest possible time after discovery, but in no case later than 24 hours after discovery.

( ii) Where a spill directly contaminates grazing lands or vegetable gardens, as discussed under § 761.120( d), the responsible party shall notify the appropriate EPA regional office ( the Office of Prevention, Pesticides and Toxic Substances Branch) and proceed with the immediate requirements specified under paragraph ( b) or ( c) of this section, depending on the source of the spill, in the shortest possible time after discovery, but in no case later than 24 hours after discovery.

( iii) Where a spill exceeds 10 pounds of PCBs by weight and is not addressed in paragraph ( a)( 1) ( i) or ( ii) of this section, the responsible party will notify the appropriate EPA regional office ( Pesticides and Toxic Substances Branch) and proceed to decontaminate the spill area in accordance with this TSCA policy in the shortest possible time after discovery, but in no case later than 24 hours after discovery.

( iv) Spills of 10 pounds or less, which are not addressed in paragraph ( a)( 1) ( i) or ( ii) of this section, must be cleaned up in accordance with this policy ( in order to avoid EPA enforcement liability), but notification of EPA is not required.

( 2) Disposal of cleanup debris and materials. All concentrated soils, solvents, rags, and other materials resulting from the cleanup of PCBs under this policy shall be properly stored, labeled, and disposed of in accordance with the provisions of subpart D of this part.

( 3) Determination of spill boundaries in the absence of visible traces. For spills where there are insufficient visible traces yet there is evidence of a leak or spill, the boundaries of the spill are to be determined by using a statistically based sampling scheme.

( b) Requirements for cleanup of low concentration spills which involve less than 1 pound of PCBs by weight ( less than 270 gallons of untested mineral oil)   ( 1) Decontamination requirements. Spills of less than 270 gallons of untested mineral oil, low concentration PCBs, as defined under § 761.123, which involve less than 1 pound of PCBs by weight ( e. g., less than 270 gallons of untested mineral oil containing less than 500 ppm PCBs) shall be cleaned in the following manner:

( i) Solid surfaces must be double washed/ rinsed ( as defined under § 761.123); except that all indoor, residential surfaces other than vault areas must be cleaned to 10 micrograms per 100 square centimeters ( 10  g/ 100 cm2) by standard commercial wipe tests.

( ii) All soil within the spill area ( i. e., visible traces of soil and a buffer of 1 lateral foot around the visible traces) must be excavated, and the ground be restored to its original configuration by back filling with clean soil ( i. e., containing less than 1 ppm PCBs).

( iii) Requirements of paragraphs ( b)( 1) ( i) and ( ii) of this section must be completed within 48 hours after the responsible party was notified or became aware of the spill.

( 2) Effect of emergency or adverse weather. Completion of cleanup may be delayed beyond 48 hours in case of circumstances including but not limited to, civil emergency, adverse weather conditions, lack of access to the site, and emergency operating conditions. The occurrence of a spill on a weekend or overtime costs are not acceptable reasons to delay response. Completion of cleanup may be delayed only for the duration of the adverse conditions. If the adverse weather conditions, or time lapse due to other emergency, has left insufficient visible traces, the responsible party must use a statistically based sampling scheme to determine the spill boundaries as required under paragraph ( a)( 3) of this section.

( 3) Records and certification. At the completion of cleanup, the responsible party shall document the cleanup with records and certification of decontamination. The records and certification must be maintained for a period of 5 years. The records and certification shall consist of the following:

( i) Identification of the source of the spill ( e. g., type of equipment).

( ii) Estimated or actual date and time of the spill occurrence.

( iii) The date and time cleanup was completed or terminated ( if cleanup was delayed by emergency or adverse weather: the nature and duration of the delay).

( iv) A brief description of the spill location.

( v) Precleanup sampling data used to establish the spill boundaries if required because of insufficient visible traces, and a brief description of the sampling methodology used to establish the spill boundaries. ( vi) A brief description of the solid surfaces cleaned and of the double wash/ rinse method used.

( vii) Approximate depth of soil excavation and the amount of soil removed.

( viii) A certification statement signed by the responsible party stating that the cleanup requirements have been met and that the information contained in the record is true to the best of his/ her knowledge.

( ix) While not required for compliance with this policy, the following information would be useful if maintained in the records:

( A) Additional pre or post cleanup sampling.

( B) The estimated cost of the cleanup by man hours, dollars, or both.

( c) Requirements for cleanup of high concentration spills and low concentration spills involving 1 pound or more PCBs by weight ( 270 gallons or more of untested mineral oil). Cleanup of low concentration spills involving 1 lb or more PCBs by weight and of all spills of materials other than low concentration materials shall be considered complete if all of the immediate requirements, cleanup standards, sampling, and recordkeeping requirements of paragraphs ( c) ( 1) through ( 5) of this section are met.

( 1) Immediate requirements. The four actions in paragraphs ( c)( 1) ( i) through ( iv) of this section must be taken as quickly as possible and within no more than 24 hours ( or within 48 hours for PCB Transformers) after the responsible party was notified or became aware of the spill, except that actions described in paragraphs ( c)( 1) ( ii) through ( iv) of this section can be delayed beyond 24 hours if circumstances ( e. g., civil emergency, hurricane, tornado, or other similar adverse weather conditions, lack of access due to physical impossibility, or emergency operating conditions) so require for the duration of the adverse conditions. The occurrence of a spill on a weekend or overtime costs are not acceptable reasons to delay response. Owners of spilled PCBs who have delayed cleanup because of these types of circumstances must keep records documenting the fact that circumstances precluded rapid response.

( i) The responsible party shall notify the EPA regional office and the NRC as required by § 761.125( a)( 1) or by other applicable statutes.

( ii) The responsible party shall effectively cordon off or otherwise delineate and restrict an area encompassing any visible traces plus a 3 foot buffer and place clearly visible signs advising persons to avoid the area to minimize the spread of contamination as well as the potential for human exposure.

( iii) The responsible party shall record and document the area of visible contamination, noting the extent of the visible trace areas and the center of the visible trace area. If there are no visible traces, the responsible party shall record this fact and contact the regional office of the EPA for guidance in completing statistical sampling of the spill area to establish spill boundaries. ( iv) The responsible party shall initiate cleanup of all visible traces of the fluid on hard surfaces and initiate removal of all visible traces of the spill on soil and other media, such as gravel, sand, oyster shells, etc.

( v) If there has been a delay in reaching the site and there are insufficient visible traces of PCBs remaining at the spill site, the responsible party must estimate ( based on the amount of material missing from the equipment or container) the area of the spill and immediately cordon off the area of suspect contamination. The responsible party must then utilize a statistically based sampling scheme to identify the boundaries of the spill area as soon as practicable.

( vi) Although this policy requires certain immediate actions, as described in paragraphs ( c)( 1)( i) through ( iv) of this section, EPA is not placing a time limit on completion of the cleanup effort since the time required for completion will vary from case to case. However, EPA expects that decontamination will be achieved promptly in all cases and will consider promptness of completion in determining whether the responsible party made good faith efforts to clean up in accordance with this policy.

( 2) Requirements for decontaminating spills in outdoor electrical substations. Spills which occur in outdoor electrical substations, as defined under § 761.123, shall be decontaminated in accordance with paragraphs ( c)( 2) ( i) and ( ii) of this section. Conformance to the cleanup standards under paragraphs ( c)( 2) ( i) and ( ii) of this section shall be verified by post cleanup sampling as specified under § 761.130. At such times as outdoor electrical substations are converted to another use, the spill site shall be cleaned up to the nonrestricted access requirements under paragraph ( c)( 4) of this section.

( i) Contaminated solid surfaces ( both impervious and non impervious) shall be cleaned to a PCB concentration of 100 micrograms (  g)/ 100 square centimeters ( cm 2) ( as measured by standard wipe tests).

( ii) At the option of the responsible party, soil contaminated by the spill will be cleaned either to 25 ppm PCBs by weight, or to 50 ppm PCBs by weight provided that a label or notice is visibly placed in the area. Upon demonstration by the responsible party that cleanup to 25 ppm or 50 ppm will jeopardize the integrity of the electrical equipment at the substation, the EPA regional office may establish an alternative cleanup method or level and place the responsible party on a reasonably timely schedule for completion of cleanup.

( 3) Requirements for decontaminating spills in other restricted access areas. Spills which occur in restricted access locations other than outdoor electrical substations, as defined under § 761.123, shall be decontaminated in accordance with paragraphs ( c)( 3) ( i) through ( v) of this section. Conformance to the cleanup standards in paragraphs ( c)( 3) ( i) through ( v) of this section shall be verified by postcleanup sampling as specified under § 761.130. At such times as restricted access areas other than outdoor electrical substations are converted to another use, the spill site shall be cleaned up to the nonrestricted access area requirements of paragraph ( c)( 4) of this section.

( i) High contact solid surfaces, as defined under § 761.163 shall be cleaned to 10  g/ 100 cm 2 ( as measured by standard wipe tests).

( ii) Low contact, indoor, impervious solid surfaces will be decontaminated to 10  g/ 100 cm 2.

( iii) At the option of the responsible party, low contact, indoor, nonimpervious surfaces will be cleaned either to 10  g/ 100 cm 2 or to 100  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 he/ she determined that if the encapsulation failed the failure would create an imminent hazard at the site.

( iv) Low contact, outdoor surfaces ( both impervious and nonimpervious) shall be cleaned to 100  g/ 100 cm 2.

( v) Soil contaminated by the spill will be cleaned to 25 ppm PCBs by weight.

( 4) Requirements for decontaminating spills in nonrestricted access areas. Spills which occur in nonrestricted access locations, as defined under § 761.123, shall be decontaminated in accordance with paragraphs ( c)( 4) ( i) through ( v) of this section. Conformance to the cleanup standards at paragraphs ( c)( 4) ( i) through ( v) of this section shall be verified by postcleanup sampling as specified under § 761.130.

( i) Furnishings, toys, and other easily replaceable household items shall be disposed of in accordance with the provisions of subpart D of this part and replaced by the responsible party.

( ii) Indoor solid surfaces and high contact outdoor solid surfaces, defined as high contact residential/ commercial surfaces under § 761.123, shall be cleaned to 10  g/ 100 cm 2 ( as measured by standard wipe tests).

( iii) Indoor vault areas and low contact, outdoor, impervious solid surfaces shall be decontaminated to 10  g/ 100 cm 2.

( iv) At the option of the responsible party, low contact, outdoor, nonimpervious solid surfaces shall be either cleaned to 10  g/ 100 cm 2 or cleaned to 100  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 he/ she determined that if the encapsulation failed the failure would create an imminent hazard at the site.

( v) Soil contaminated by the spill will be decontaminated to 10 ppm PCBs by weight provided that soil is excavated to a minimum depth of 10 inches. The excavated soil will be replaced with clean soil, i. e., containing less than 1 ppm PCBs, and the spill site will be restored ( e. g., replacement of turf). ( 5) Records. The responsible party shall document the cleanup with records of decontamination. The records must be maintained for a period of 5 years. The records and certification shall consist of the following:

( i) Identification of the source of the spill, e. g., type of equipment.

( ii) Estimated or actual date and time of the spill occurrence.

( iii) The date and time cleanup was completed or terminated ( if cleanup was delayed by emergency or adverse weather: the nature and duration of the delay).

( iv) A brief description of the spill location and the nature of the materials contaminated. This information should include whether the spill occurred in an outdoor electrical substation, other restricted access location, or in a nonrestricted access area.

( v) Precleanup sampling data used to establish the spill boundaries if required because of insufficient visible traces and a brief description of the sampling methodology used to establish the spill boundaries.

( vi) A brief description of the solid surfaces cleaned.

( vii) Approximate depth of soil excavation and the amount of soil removed.

( viii) Postcleanup verification sampling data and, if not otherwise apparent from the documentation, a brief description of the sampling methodology and analytical technique used.

( ix) While not required for compliance with this policy, information on the estimated cost of cleanup ( by man hours, dollars, or both) would be useful if maintained in the records.

[ 52 FR 10705, Apr. 2, 1987, as amended at 53 FR 40884, Oct. 19, 1988; 63 FR 35461, June 29, 1998]

§ 761.130 Sampling requirements.

Postcleanup sampling is required to verify the level of cleanup under § 761.125( c) ( 2) through ( 4). The responsible party may use any statistically valid, reproducible, sampling scheme ( either random samples or grid samples) provided that the requirements of paragraphs ( a) and ( b) of this section are satisfied.

( a) The sampling area is the greater of ( 1) an area equal to the area cleaned plus an additional 1 foot boundary, or ( 2) an area 20 percent larger than the original area of contamination.

( b) The sampling scheme must ensure 95 percent confidence against false positives.

( c) The number of samples must be sufficient to ensure that areas of contamination of a radius of 2 feet or more within the sampling area will be detected, except that the minimum number of samples is 3 and the maximum number of samples is 40.

( d) The sampling scheme must include calculation for expected variability due to analytical error.

( e) EPA recommends the use of a sampling scheme developed by the Midwest Research Institute ( MRI) for use in EPA 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 from the Director, Environmental Assistance Division ( 7408), Office of Pollution Prevention and Toxics, U. S. Environmental Protection Agency, Room E   543B, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Telephone: ( 202) 554   1404, TDD: ( 202) 544   0551. The major advantage of this sampling scheme is that it is designed to characterize the degree of contamination within the entire sampling area with a high degree of confidence while using fewer samples than any other grid or random sampling scheme. This sampling scheme also allows some sites to be characterized on the basis of composite samples.

( f) EPA may, at its discretion, take samples from any spill site. If EPA's sampling indicates that the remaining concentration level exceeds the required level, EPA will require further cleanup. For this purpose, the numerical level of cleanup required for spills cleaned in accordance with § 761.125( b) is deemed to be the equivalent of numerical cleanup requirements required for cleanups under § 761.125( c) ( 2) through ( 4). Using its best engineering judgment, EPA may sample a statistically valid random or grid sampling technique, or both. When using engineering judgment or random " grab" samples, EPA will take into account that there are limits on the power of a grab sample to dispute statistically based sampling of the type required of the responsible party. EPA headquarters will provide guidance to the EPA regions on the degree of certainty associated with various grab sample results.

[ 52 FR 10705, Apr. 2, 1987, as amended at 60 FR 34465, July 3, 1995]

§ 761.135 Effect of compliance with this policy and enforcement.

( a) Although a spill of material containing 50 ppm or greater PCBs is considered improper PCB disposal, this policy establishes requirements that EPA considers to be adequate cleanup of the spilled PCBs. Cleanup in accordance with this policy means compliance with the procedural as well as the numerical requirements of this policy. Compliance with this policy creates a presumption against both enforcement action for penalties and the need for further cleanup under TSCA. The Agency reserves the right, however, to initiate appropriate action to compel cleanup where, upon review of the records of cleanup or EPA sampling following cleanup, EPA finds that the decontamination levels in the policy have not been achieved. The Agency also reserves the right to seek penalties where the Agency believes that the responsible party has not made a good faith effort to comply with all provisions of this policy, such as prompt notification of EPA of a spill, recordkeeping, etc.

( b) EPA's exercise of enforcement discretion does not preclude enforcement action under other provisions of TSCA or any other Federal statute. This includes, even in cases where the numerical decontamination levels set forth in this policy have been met, civil or criminal action for penalties where EPA believes the spill to have been the result of gross negligence or knowing violation.

Subparts H   I [ Reserved]

Subpart J   General Records and Reports § 761.180 Records and monitoring.

This section contains recordkeeping and reporting requirements that apply to PCBs, PCB Items, and PCB storage and disposal facilities that are subject to the requirements of the part.

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

( 1) The annual records shall include the following:

( i) All signed manifests generated by the facility during the calendar year.

( ii) All Certificates of Disposal that have been received by the facility during the calendar year.

( iii) Records of inspections and cleanups performed in accordance with § 761.65( c)( 5).

( 2) The written annual document log shall include the following:

( i) The name, address, and EPA identification number of the facility covered by the annual document log and the calendar year covered by the annual document log. ( ii) The unique manifest number of every manifest generated by the facility during the calendar year, and from each manifest and for unmanifested waste that may be stored at the facility, the following information:

( A) For bulk PCB waste ( e. g., in a tanker or truck), its weight in kilograms, the first date it was removed from service for disposal, the date it was placed into transport for off site storage or disposal, and the date of disposal, if known.

( B) The serial number ( if available) or other means of identifying each PCB Article ( e. g., transformer or capacitor), the weight in kilograms of the PCB waste in each transformer or capacitor, the date it was removed from service for disposal, the date it was placed in transport for off site storage or disposal, and the date of disposal, if known.

( C) A unique number identifying each PCB Container, a description of the contents of each PCB Container, such as liquid, soil, cleanup debris, etc., including the total weight of the material in kilograms in each PCB Container, the first date material placed in each PCB Container was removed from service for disposal, and the date each PCB Container was placed in transport for off site storage or disposal, and the date of disposal ( if known).

( D) A unique number identifying each PCB Article Container, a description of the contents of each PCB Article Container, such as pipes, capacitors, electric motors, pumps, etc., including the total weight in kilograms of the content of each PCB Article Container, the first date a PCB Article placed in each PCB Article Container was removed from service for disposal, and the date the PCB Article Container was placed in transport for off site storage or disposal, and the date of disposal ( if known.)

( iii) The total number by specific type of PCB Articles and the total weight in kilograms of PCBs in PCB Articles, the total number of PCB Article Containers and total weight in kilograms of the contents of PCB Article Containers, the total number of PCB Containers and the total weight in kilograms of the contents of PCB Containers, and the total weight in kilograms of bulk PCB waste that was placed into storage for disposal or disposed during the calendar year.

( iv) The total number of PCB Transformers and total weight in kilograms of PCBs contained in the transformers remaining in service at the end of the calendar year.

( v) The total number of Large High or Low Voltage PCB Capacitors remaining in service at the end of the calendar year.

( vi) The total weight in kilograms of any PCBs and PCB Items in PCB Containers, including the identification of container contents, remaining in service at the facility at the end of the calendar year.