EPA ICR No. 1446.11; OMB Control No. 2070-0112

APPENDIX B

Polychlorinated Biphenyls (PCBs)

Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

40 CFR 761
Title 40: Protection of Environment

PART 761—POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 

PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

Subpart A—General

§ 761.1 Applicability.

(a) This part establishes prohibitions of, and requirements for, the manufacture, processing, 

distribution in commerce, use, disposal, storage, and marking of PCBs and PCB Items.

(b)(1) This part applies to all persons who manufacture, process, distribute in commerce, use, or 

dispose of PCBs or PCB Items. Substances that are regulated by this part include, but are not 

limited to: dielectric fluids; solvents; oils; waste oils; heat transfer fluids; hydraulic fluids; paints 

or coatings; sludges; slurries; sediments; dredge spoils; soils; materials containing PCBs as a 

result of spills; and other chemical substances or combinations of substances, including 

impurities and byproducts and any byproduct, intermediate, or impurity manufactured at any 

point in a process.

(2) Unless otherwise noted, PCB concentrations shall be determined on a weight-per-weight 

basis (e.g., milligrams per kilogram), or for liquids, on a weight-per-volume basis (e.g., 

milligrams per liter) if the density of the liquid is also reported. Unless otherwise provided, PCBs 

are quantified based on the formulation of PCBs present in the material analyzed. For example, 

measure AroclorTM 1242 PCBs based on a comparison with AroclorTM 1242 standards. 

Measure individual congener PCBs based on a comparison with individual PCB congener 

standards.

(3) Most provisions in this part apply only if PCBs are present in concentrations above a 

specified level. Provisions that apply to PCBs at concentrations of < 50 ppm apply also to 

contaminated surfaces at PCB concentrations of  10 g/100 cm 2. Provisions that apply to 

PCBs at concentrations of  50 to < 500 ppm apply also to contaminated surfaces at PCB 

concentrations of > 10/100 cm 2 to < 100 g/100 cm 2. Provisions that apply to PCBs at 

concentrations of 500 ppm apply also to contaminated surfaces at PCB concentrations of  100 

g/100 cm 2.

(4) PCBs can be found in liquid, non-liquid and multi-phasic (combinations of liquid and nonliquid) forms. A person should use the following criteria to determine PCB concentrations to 

determine which provisions of this part apply to such PCBs.

(i) Any person determining PCB concentrations for non-liquid PCBs must do so on a dry weight 

basis.

(ii) Any person determining PCB concentrations for liquid PCBs must do so on a wet weight 

basis. Liquid PCBs containing more than 0.5 percent by weight non-dissolved material shall be 

analyzed as multi-phasic non-liquid/liquid mixtures.
(iii) Any person determining the PCB concentration of samples containing PCBs and nondissolved non-liquid materials 0.5 percent, must separate the non-dissolved materials into nonliquid PCBs and liquid PCBs. For multi-phasic non-liquid/liquid or liquid/liquid mixtures, the 

phases shall be separated before chemical analysis. Following phase separation, the PCB 

concentration in each non-liquid phase shall be determined on a dry weight basis and the PCB 

concentration in each liquid phase shall be determined separately on a wet weight basis.

(iv) Any person disposing of multi-phasic non-liquid/liquid or liquid/liquid mixtures must use 

the PCB disposal requirements that apply to the individual phase with the highest PCB 

concentration except where otherwise noted. Alternatively, phases may be separated and 

disposed of using the PCB disposal requirements that apply to each separated, single-phase 

material.

(5) No person may avoid any provision specifying a PCB concentration by diluting the PCBs, 

unless otherwise specifically provided.

(6) Unless otherwise specified, references to weights or volumes of PCBs in this part apply to the 

total weight or total volume of the material (oil, soil, debris, etc.) that contains regulated 

concentrations of PCBs, not the calculated weight or volume of only the PCB molecules 

contained in the material.

(c) Definitions of the terms used in these regulations are in subpart A. The basic requirements 

applicable to disposal and marking of PCBs and PCB Items are set forth in subpart D—Disposal 

of PCBs and PCB Items and in subpart C—Marking of PCBs and PCB Items. Prohibitions 

applicable to PCB activities are set forth in subpart B—Manufacture, Processing, Distribution in 

Commerce, and Use of PCBs and PCB Items. Subpart B also includes authorizations from the 

prohibitions. Subparts C and D set forth the specific requirements for disposal and marking of 

PCBs and PCB Items.

(d) Section 15 of the Toxic Substances Control Act (TSCA) states that failure to comply with 

these regulations is unlawful. Section 16 imposes liability for civil penalties upon any person 

who violates these regulations, and the Administrator can establish appropriate remedies for any

violations subject to any limitations included in section 16 of TSCA. Section 16 also subjects a 

person to criminal prosecution for a violation which is knowing or willful. In addition, section 17 

authorizes Federal district courts to enjoin activities prohibited by these regulations, compel the 

taking of actions required by these regulations, and issue orders to seize PCBs and PCB Items 

manufactured, processed or distributed in violation of these regulations.

(e) These regulations do not preempt other more stringent Federal statutes and regulations.

(f) Unless and until superseded by any new more stringent regulations issued under EPA 

authorities, or any permits or any pretreatment requirements issued by EPA, a state or local 

government that affect release of PCBs to any particular medium:

(1) Persons who inadvertently manufacture or import PCBs generated as unintentional impurities 
in excluded manufacturing processes, as defined in §761.3, are exempt from the requirements of 

subpart B of this part, provided that such persons comply with subpart J of this part, as 

applicable.

(2) Persons who process, distribute in commerce, or use products containing PCBs generated in 

excluded manufacturing processes defined in §761.3 are exempt from the requirements of 

subpart B provided that such persons comply with subpart J of this part, as applicable.

(3) Persons who process, distribute in commerce, or use products containing recycled PCBs 

defined in §761.3, are exempt from the requirements of subpart B of this part, provided that such 

persons comply with subpart J of this part, as applicable.

(4) Except as provided in §761.20 (d) and (e), persons who process, distribute in commerce, or 

use products containing excluded PCB products as defined in §761.3, are exempt from the 

requirements of subpart B of this part.

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

[44 FR 31542, May 31, 1979, as amended at 49 FR 28189, July 10, 1984; 53 FR 24220, June 27, 

1988; 63 FR 35436, June 29, 1998; 64 FR 33759, June 24, 1999]

§ 761.2 PCB concentration assumptions for use.

(a)(1) Any person may assume that transformers with < 3 pounds (1.36 kilograms (kgs)) of fluid, 

circuit breakers, reclosers, oil-filled cable, and rectifiers whose PCB concentration is not 

established contain PCBs at < 50 ppm.

(2) Any person must assume that mineral oil-filled electrical equipment that was manufactured 

before July 2, 1979, and whose PCB concentration is not established is PCB-Contaminated 

Electrical Equipment (i.e., contains 50 ppm PCB, but < 500 ppm PCB). All pole-top and padmounted distribution transformers manufactured before July 2, 1979, must be assumed to be 

mineral-oil filled. Any person may assume that electrical equipment manufactured after July 2, 

1979, is non-PCB (i.e., < 50 ppm PCBs). If the date of manufacture of mineral oil-filled 

electrical equipment is unknown, any person must assume it to be PCB-Contaminated.

(3) Any person must assume that a transformer manufactured prior to July 2, 1979, that contains 

1.36 kg (3 pounds) or more of fluid other than mineral oil and whose PCB concentration is not 

established, is a PCB Transformer (i.e.,  500 ppm). If the date of manufacture and the type of 

dielectric fluid are unknown, any person must assume the transformer to be a PCB Transformer.

(4) Any person must assume that a capacitor manufactured prior to July 2, 1979, whose PCB 

concentration is not established contains 500 ppm PCBs. Any person may assume that a 

capacitor manufactured after July 2, 1979, is non-PCB (i.e., < 50 ppm PCBs). If the date of 

manufacture is unknown, any person must assume the capacitor contains 500 ppm PCBs. Any

person may assume that a capacitor marked at the time of manufacture with the statement “No 

PCBs” in accordance with §761.40(g) is non-PCB.
(b) PCB concentration may be established by:

(1) Testing the equipment; or

(2)(i) A permanent label, mark, or other documentation from the manufacturer of the equipment 

indicating its PCB concentration at the time of manufacture; and

(ii) Service records or other documentation indicating the PCB concentration of all fluids used in 

servicing the equipment since it was first manufactured.

[63 FR 35436, June 29, 1998, as amended at 64 FR 33759, June 24, 1999]

§ 761.3 Definitions.

For the purpose of this part:

Administrator means the Administrator of the Environmental Protection Agency, or any 

employee of the Agency to whom the Administrator may either herein or by order delegate his 

authority to carry out his functions, or any person who shall by operation of law be authorized to 

carry out such functions.

Agency means the United States Environmental Protection Agency.

Air compressor system means air compressors, piping, receiver tanks, volume tanks and bottles, 

dryers, airlines, and related appurtenances.

Annual document log means the detailed information maintained at the facility on the PCB waste 

handling at the facility.

Annual report means the written document submitted each year by each disposer and commercial 

storer of PCB waste to the appropriate EPA Regional Administrator. The annual report is a brief 

summary of the information included in the annual document log.

ASTM means American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken, PA 19428–2959.

Byproduct means a chemical substance produced without separate commercial intent during the 

manufacturing or processing of another chemical substance(s) or mixture(s).

Capacitor means a device for accumulating and holding a charge of electricity and consisting of 

conducting surfaces separated by a dielectric. Types of capacitors are as follows:

(1) Small capacitor means a capacitor which contains less than 1.36 kg (3 lbs.) of dielectric fluid. 

The following assumptions may be used if the actual weight of the dielectric fluid is unknown. A 

capacitor whose total volume is less than 1,639 cubic centimeters (100 cubic inches) may be 
considered to contain less than 1.36 kgs (3 lbs.) of dielectric fluid and a capacitor whose total 

volume is more than 3,278 cubic centimeters (200 cubic inches) must be considered to contain 

more than 1.36 kg (3 lbs.) of dielectric fluid. A capacitor whose volume is between 1,639 and 

3,278 cubic centimeters may be considered to contain less then 1.36 kg (3 lbs.) of dielectric fluid 

if the total weight of the capacitor is less than 4.08 kg (9 lbs.).

(2) Large high voltage capacitor means a capacitor which contains 1.36 kg (3 lbs.) or more of 

dielectric fluid and which operates at 2,000 volts (a.c. or d.c.) or above.

(3) Large low voltage capacitor means a capacitor which contains 1.36 kg (3 lbs.) or more of 

dielectric fluid and which operates below 2,000 volts (a.c. or d.c.).

CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act 

(42 U.S.C. 9601-9657).

Certification means a written statement regarding a specific fact or representation that contains 

the following language:

Under civil and criminal penalties of law for the making or submission of false or fraudulent 

statements or representations (18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that the information 

contained in or accompanying this document is true, accurate, and complete. As to the identified 

section(s) of this document for which I cannot personally verify truth and accuracy, I certify as 

the company official having supervisory responsibility for the persons who, acting under my 

direct instructions, made the verification that this information is true, accurate, and complete.

Chemical substance, (1) except as provided in paragraph (2) of this definition, means any organic 

or inorganic substance of a particular molecular identity, including: Any combination of such 

substances occurring in whole or part as a result of a chemical reaction or occurring in nature, 

and any element or uncombined radical.

(2) Such term does not include: Any mixture; any pesticide (as defined in the Federal Insecticide, 

Fungicide, and Rodenticide Act) when manufactured, processed, or distributed in commerce for 

use as a pesticide; tobacco or any tobacco product; any source material, special nuclear material, 

or byproduct material (as such terms are defined in the Atomic Energy Act of 1954 and 

regulations issued under such Act); any article the sale of which is subject to the tax imposed by

section 4181 of the Internal Revenue Code of 1954 (determined without regard to any 

exemptions from such tax provided by section 4182 or section 4221 or any provisions of such 

Code); and any food, food additive, drug, cosmetic, or device (as such terms are defined in 

section 201 of the Federal Food, Drug, and Cosmetic Act) when manufactured, processed, or 

distributed in commerce for use as a food, food additive, drug, cosmetic, or device.

Chemical waste landfill means a landfill at which protection against risk of injury to health or the 

environment from migration of PCBs to land, water, or the atmosphere is provided from PCBs 

and PCB Items deposited therein by locating, engineering, and operating the landfill as specified 

in §761.75.

Cleanup site means the areal extent of contamination and all suitable areas in very close 
proximity to the contamination necessary for implementation of a cleanup of PCB remediation 

waste, regardless of whether the site was intended for management of waste.

Commerce means trade, traffic, transportation, or other commerce:

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

(2) Which affects trade, traffic, transportation, or commerce described in paragraph (1) of this 

definition.

Commercial storer of PCB waste means the owner or operator of each facility that is subject to 

the PCB storage unit standards of §761.65(b)(1) or (c)(7) or meets the alternate storage criteria of 

§761.65(b)(2), and who engages in storage activities involving either PCB waste generated by 

others or that was removed while servicing the equipment owned by others and brokered for 

disposal. The receipt of a fee or any other form of compensation for storage services is not 

necessary to qualify as a commercial storer of PCB waste. A generator who only stores its own 

waste is subject to the storage requirements of §761.65, but is not required to obtain approval as 

a commercial storer. If a facility's storage of PCB waste generated by others at no time exceeds a 

total of 500 gallons of liquid and/or non-liquid material containing PCBs at regulated levels, the 

owner or operator is a commercial storer but is not required to seek EPA approval as a 

commercial storer of PCB waste. Storage of one company's PCB waste by a related company is 

not considered commercial storage. A “related company” includes, but is not limited to: a parent 

company and its subsidiaries; sibling companies owned by the same parent company; companies 

owned by a common holding company; members of electric cooperatives; entities within the 

same Executive agency as defined at 5 U.S.C. 105; and a company having a joint ownership 

interest in a facility from which PCB waste is generated (such as a jointly owned electric power 

generating station) where the PCB waste is stored by one of the co-owners of the facility. A 

“related company” does not include another voluntary member of the same trade association. 

Change in ownership or title of a generator's facility, where the generator is storing PCB waste, 

does not make the new owner of the facility a commercial storer of PCB waste.

Designated facility means the off-site disposer or commercial storer of PCB waste designated on 

the manifest as the facility that will receive a manifested shipment of PCB waste.

Disposal means intentionally or accidentally to discard, throw away, or otherwise complete or 

terminate the useful life of PCBs and PCB Items. Disposal includes spills, leaks, and other 

uncontrolled discharges of PCBs as well as actions related to containing, transporting, 

destroying, degrading, decontaminating, or confining PCBs and PCB Items.

Disposer of PCB waste, as the term is used in subparts J and K of this part, means any person 

who owns or operates a facility approved by EPA for the disposal of PCB waste which is 

regulated for disposal under the requirements of subpart D of this part.

Distribute in commerce and Distribution in Commerce when used to describe an action taken 

with respect to a chemical substance, mixture, or article containing a substance or mixture means 

to sell, or the sale of, the substance, mixture, or article in commerce; to introduce or deliver for 
introduction into commerce, or the introduction or delivery for introduction into commerce of the 

substance, mixture, or article; or to hold or the holding of, the substance, mixture, or article after 

its introduction into commerce.

DOT means the United States Department of Transportation.

Dry weight means the weight of the sample, excluding the weight of the water in the sample. 

Prior to chemical analysis the water may be removed by any reproducible method that is 

applicable to measuring PCBs in the sample matrix at the concentration of concern, such as air 

drying at ambient temperature, filtration, decantation, heating at low temperature followed by

cooling in the presence of a desiccant, or other processes or combinations of processes which 

would remove water but not remove PCBs from the sample. Analytical procedures which 

calculate the dry weight concentration by adjusting for moisture content may also be used.

EPA identification number means the 12-digit number assigned to a facility by EPA upon 

notification of PCB waste activity under §761.205.

Excluded manufacturing process means a manufacturing process in which quantities of PCBs, as 

determined in accordance with the definition of inadvertently generated PCBs, calculated as 

defined, and from which releases to products, air, and water meet the requirements of paragraphs 

(1) through (5) of this definition, or the importation of products containing PCBs as unintentional 

impurities, which products meet the requirements of paragraphs (1) and (2) of this definition.

(1) The concentration of inadvertently generated PCBs in products leaving any manufacturing 

site or imported into the United States must have an annual average of less than 25 ppm, with a 

50 ppm maximum.

(2) The concentration of inadvertently generated PCBs in the components of detergent bars 

leaving the manufacturing site or imported into the United States must be less than 5 ppm.

(3) The release of inadvertently generated PCBs at the point at which emissions are vented to 

ambient air must be less than 10 ppm.

(4) The amount of inadvertently generated PCBs added to water discharged from a 

manufacturing site must be less than 100 micrograms per resolvable gas chromatographic peak 

per liter of water discharged.

(5) Disposal of any other process wastes above concentrations of 50 ppm PCB must be in 

accordance with subpart D of this part.

Excluded PCB products means PCB materials which appear at concentrations less than 50 ppm, 

including but not limited to:

(1) Non-Aroclor inadvertently generated PCBs as a byproduct or impurity resulting from a 

chemical manufacturing process.

(2) Products contaminated with Aroclor or other PCB materials from historic PCB uses 
(investment casting waxes are one example).

(3) Recycled fluids and/or equipment contaminated during use involving the products described 

in paragraphs (1) and (2) of this definition (heat transfer and hydraulic fluids and equipment and 

other electrical equipment components and fluids are examples).

(4) Used oils, provided that in the cases of paragraphs (1) through (4) of this definition:

(i) The products or source of the products containing < 50 ppm concentration PCBs were legally 

manufactured, processed, distributed in commerce, or used before October 1, 1984.

(ii) The products or source of the products containing < 50 ppm concentrations PCBs were 

legally manufactured, processed, distributed in commerce, or used, i.e., pursuant to authority

granted by EPA regulation, by exemption petition, by settlement agreement, or pursuant to other 

Agency-approved programs;

(iii) The resulting PCB concentration (i.e. below 50 ppm) is not a result of dilution, or leaks and 

spills of PCBs in concentrations over 50 ppm.

Facility means all contiguous land, and structures, other appurtenances, and improvements on the 

land, used for the treatment, storage, or disposal of PCB waste. A facility may consist of one or 

more treatment, storage, or disposal units.

Fluorescent light ballast means a device that electrically controls fluorescent light fixtures and 

that includes a capacitor containing 0.1 kg or less of dielectric.

Generator of PCB waste means any person whose act or process produces PCBs that are 

regulated for disposal under subpart D of this part, or whose act first causes PCBs or PCB Items 

to become subject to the disposal requirements of subpart D of this part, or who has physical 

control over the PCBs when a decision is made that the use of the PCBs has been terminated and 

therefore is subject to the disposal requirements of subpart D of this part. Unless another 

provision of this part specifically requires a site-specific meaning, “generator of PCB waste” 

includes all of the sites of PCB waste generation owned or operated by the person who generates 

PCB waste.

High occupancy area means any area where PCB remediation waste has been disposed of on-site 

and where occupancy for any individual not wearing dermal and respiratory protection for a 

calendar year is: 840 hours or more (an average of 16.8 hours or more per week) for non-porous 

surfaces and 335 hours or more (an average of 6.7 hours or more per week) for bulk PCB 

remediation waste. Examples could include a residence, school, day care center, sleeping 

quarters, a single or multiple occupancy 40 hours per week work station, a school class room, a 

cafeteria in an industrial facility, a control room, and a work station at an assembly line.

Importer means any person defined as an “importer” at §720.3(l) of this chapter who imports 

PCBs or PCB Items and is under the jurisdiction of the United States.

Impurity means a chemical substance which is unintentionally present with another chemical 
substance.

In or Near Commercial Buildings means within the interior of, on the roof of, attached to the 

exterior wall of, in the parking area serving, or within 30 meters of a non-industrial nonsubstation building. Commercial buildings are typically accessible to both members of the 

general public and employees, and include: (1) Public assembly properties, (2) educational 

properties, (3) institutional properties, (4) residential properties, (5) stores, (6) office buildings, 

and (7) transportation centers (e.g., airport terminal buildings, subway stations, bus stations, or 

train stations).

Incinerator means an engineered device using controlled flame combustion to thermally degrade 

PCBs and PCB Items. Examples of devices used for incineration include rotary kilns, liquid 

injection incinerators, cement kilns, and high temperature boilers.

Industrial building means a building directly used in manufacturing or technically productive 

enterprises. Industrial buildings are not generally or typically accessible to other than workers. 

Industrial buildings include buildings used directly in the production of power, the manufacture 

of products, the mining of raw materials, and the storage of textiles, petroleum products, wood 

and paper products, chemicals, plastics, and metals.

Laboratory means a facility that analyzes samples for PCBs and is unaffiliated with any entity 

whose activities involve PCBs.

Leak or leaking means any instance in which a PCB Article, PCB Container, or PCB Equipment 

has any PCBs on any portion of its external surface.

Liquid PCBs means a homogenous flowable material containing PCBs and no more than 0.5 

percent by weight non-dissolved material.

Low occupancy area means any area where PCB remediation waste has been disposed of on-site 

and where occupancy for any individual not wearing dermal and respiratory protection for a 

calendar year is: less than 840 hours (an average of 16.8 hours per week) for non-porous surfaces 

and less than 335 hours (an average of 6.7 hours per week) for bulk PCB remediation waste. 

Examples could include an electrical substation or a location in an industrial facility where a 

worker spends small amounts of time per week (such as an unoccupied area outside a building, 

an electrical equipment vault, or in the non-office space in a warehouse where occupancy is 

transitory).

Manifest means the shipping document EPA form 8700–22 and any continuation sheet attached 

to EPA form 8700–22, originated and signed by the generator of PCB waste in accordance with 

the instructions included with the form and subpart K of this part.

Manned Control Center means an electrical power distribution control room where the operating 

conditions of a PCB Transformer are continuously monitored during the normal hours of 

operation (of the facility), and, where the duty engineers, electricians, or other trained personnel 

have the capability to deenergize a PCB Transformer completely within 1 minute of the receipt 
of a signal indicating abnormal operating conditions such as an overtemperature condition or 

overpressure condition in a PCB Transformer.

Manufacture means to produce, manufacture, or import into the customs territory of the United 

States.

Manufacturing process means all of a series of unit operations operating at a site, resulting in the 

production of a product.

Mark means the descriptive name, instructions, cautions, or other information applied to PCBs 

and PCB Items, or other objects subject to these regulations.

Marked means the marking of PCB Items and PCB storage areas and transport vehicles by

means of applying a legible mark by painting, fixation of an adhesive label, or by any other 

method that meets the requirements of these regulations.

Market/Marketers means the processing or distributing in commerce, or the person who 

processes or distributes in commerce, used oil fuels to burners or other marketers, and may

include the generator of the fuel if it markets the fuel directly to the burner.

Mineral Oil PCB Transformer means any transformer originally designed to contain mineral oil 

as the dielectric fluid and which has been tested and found to contain 500 ppm or greater PCBs.

Mixture means any combination of two or more chemical substances if the combination does not 

occur in nature and is not, in whole or in part, the result of a chemical reaction; except that such 

term does include any combination which occurs, in whole or in part, as a result of a chemical 

reaction if none of the chemical substances comprising the combination is a new chemical 

substance and if the combination could have been manufactured for commercial purposes 

without a chemical reaction at the time the chemical substances comprising the combination 

were combined.

Municipal solid wastes means garbage, refuse, sludges, wastes, and other discarded materials 

resulting from residential and non-industrial operations and activities, such as household 

activities, office functions, and commercial housekeeping wastes.

Natural gas pipeline system means natural gas gathering facilities, natural gas pipe, natural gas 

compressors, natural gas storage facilities, and natural gas pipeline appurtenances (including 

instrumentation and vessels directly in contact with transported natural gas such as valves, 

regulators, drips, filter separators, etc., but not including air compressors).

Non-liquid PCBs means materials containing PCBs that by visual inspection do not flow at room 

temperature (25 ̊C or 77 ̊F) or from which no liquid passes when a 100 g or 100 ml representative 

sample is placed in a mesh number 60 ± 5 percent paint filter and allowed to drain at room 

temperature for 5 minutes.

Non-PCB Transformer means any transformer that contains less than 50 ppm PCB; except that 
any transformer that has been converted from a PCB Transformer or a PCB-Contaminated 

Transformer cannot be classified as a non-PCB Transformer until reclassification has occurred, 

in accordance with the requirements of §761.30(a)(2)(v).

Non-porous surface means a smooth, unpainted solid surface that limits penetration of liquid 

containing PCBs beyond the immediate surface. Examples are: smooth uncorroded metal; natural 

gas pipe with a thin porous coating originally applied to inhibit corrosion; smooth glass; smooth 

glazed ceramics; impermeable polished building stone such as marble or granite; and high 

density plastics, such as polycarbonates and melamines, that do not absorb organic solvents.

NTIS means the National Technical Information Service, U.S. Department of Commerce, 5285 

Port Royal Rd., Springfield, VA 22161.

On site means within the boundaries of a contiguous property unit.

Open burning means the combustion of any PCB regulated for disposal, in a manner not 

approved or otherwise allowed under subpart D of this part, and without any of the following:

(1) Control of combustion air to maintain adequate temperature for efficient combustion.

(2) Containment of the combustion reaction in an enclosed device to provide sufficient residence 

time and mixing for complete combustion.

(3) Control of emission of the gaseous combustion products.

PCB and PCBs means any chemical substance that is limited to the biphenyl molecule that has 

been chlorinated to varying degrees or any combination of substances which contains such 

substance. Refer to §761.1(b) for applicable concentrations of PCBs. PCB and PCBs as 

contained in PCB items are defined in §761.3. For any purposes under this part, inadvertently

generated non-Aroclor PCBs are defined as the total PCBs calculated following division of the 

quantity of monochlorinated biphenyls by 50 and dichlorinated biphenyls by 5.

PCB Article means any manufactured article, other than a PCB Container, that contains PCBs 

and whose surface(s) has been in direct contact with PCBs. “PCB Article” includes capacitors, 

transformers, electric motors, pumps, pipes and any other manufactured item (1) which is formed 

to a specific shape or design during manufacture, (2) which has end use function(s) dependent in 

whole or in part upon its shape or design during end use, and (3) which has either no change of 

chemical composition during its end use or only those changes of composition which have no 

commercial purpose separate from that of the PCB Article.

PCB Article Container means any package, can, bottle, bag, barrel, drum, tank, or other device 

used to contain PCB Articles or PCB Equipment, and whose surface(s) has not been in direct 

contact with PCBs.

PCB bulk product waste means waste derived from manufactured products containing PCBs in a 

non-liquid state, at any concentration where the concentration at the time of designation for 
disposal was 50 ppm PCBs. PCB bulk product waste does not include PCBs or PCB Items 

regulated for disposal under §761.60(a) through (c), §761.61, §761.63, or §761.64. PCB bulk 

product waste includes, but is not limited to:

(1) Non-liquid bulk wastes or debris from the demolition of buildings and other man-made 

structures manufactured, coated, or serviced with PCBs. PCB bulk product waste does not 

include debris from the demolition of buildings or other man-made structures that is 

contaminated by spills from regulated PCBs which have not been disposed of, decontaminated, 

or otherwise cleaned up in accordance with subpart D of this part.

(2) PCB-containing wastes from the shredding of automobiles, household appliances, or 

industrial appliances.

(3) Plastics (such as plastic insulation from wire or cable; radio, television and computer casings;

vehicle parts; or furniture laminates); preformed or molded rubber parts and components; applied 

dried paints, varnishes, waxes or other similar coatings or sealants; caulking; adhesives; paper; 

Galbestos; sound deadening or other types of insulation; and felt or fabric products such as 

gaskets.

(4) Fluorescent light ballasts containing PCBs in the potting material.

PCB Capacitor means any capacitor that contains 500 ppm PCB. Concentration assumptions 

applicable to capacitors appear under §761.2.

PCB Container means any package, can, bottle, bag, barrel, drum, tank, or other device that 

contains PCBs or PCB Articles and whose surface(s) has been in direct contact with PCBs.

PCB-Contaminated means a non-liquid material containing PCBs at concentrations 50 ppm but 

< 500 ppm; a liquid material containing PCBs at concentrations 50 ppm but < 500 ppm or 

where insufficient liquid material is available for analysis, a non-porous surface having a surface 

concentration >10 g/100 cm 2 but < 100 g/100 cm 2, measured by a standard wipe test as 

defined in §761.123.

PCB-Contaminated Electrical Equipment means any electrical equipment including, but not 

limited to, transformers (including those used in railway locomotives and self-propelled cars), 

capacitors, circuit breakers, reclosers, voltage regulators, switches (including sectionalizers and 

motor starters), electromagnets, and cable, that contains PCBs at concentrations of  50 ppm and 

< 500 ppm in the contaminating fluid. In the absence of liquids, electrical equipment is PCBContaminated if it has PCBs at > 10 g/100 cm 2 and < 100 g/100 cm 2 as measured by a 

standard wipe test (as defined in §761.123) of a non-porous surface.

PCB Equipment means any manufactured item, other than a PCB Container or a PCB Article 

Container, which contains a PCB Article or other PCB Equipment, and includes microwave 

ovens, electronic equipment, and fluorescent light ballasts and fixtures.

PCB field screening test means a portable analytical device or kit which measures PCBs. PCB 
field screening tests usually report less than or greater than a specific numerical PCB 

concentration. These tests normally build in a safety factor which increases the probability of a 

false positive report and decreases the probability of a false negative report. PCB field screening 

tests do not usually provide: an identity record generated by an instrument; a quantitative 

comparison record from calibration standards; any identification of PCBs; and/or any indication 

or identification of interferences with the measurement of the PCBs. PCB field screening test 

technologies include, but are not limited to, total chlorine colorimetric tests, total chlorine x-ray

fluorescence tests, total chlorine microcoulometric tests, and rapid immunoassay tests.

PCB household waste means PCB waste that is generated by residents on the premises of a 

temporary or permanent residence for individuals (including individually owned or rented units 

of a multi-unit construction), and that is composed primarily of materials found in wastes 

generated by consumers in their homes. PCB household waste includes unwanted or discarded 

non-commercial vehicles (prior to shredding), household items, and appliances or appliance parts 

and wastes generated on the premises of a residence for individuals as a result of routine 

household maintenance by or on behalf of the resident. Bulk or commingled liquid PCB wastes 

at concentrations of 50 ppm, demolition and renovation wastes, and industrial or heavy duty 

equipment with PCBs are not household wastes.

PCB Item means any PCB Article, PCB Article Container, PCB Container, PCB Equipment, or 

anything that deliberately or unintentionally contains or has as a part of it any PCB or PCBs.

PCB/radioactive waste means PCBs regulated for disposal under subpart D of this part that also 

contain source, special nuclear, or byproduct material subject to regulation under the Atomic 

Energy Act of 1954, as amended, or naturally-occurring or accelerator-produced radioactive 

material.

PCB remediation waste means waste containing PCBs as a result of a spill, release, or other 

unauthorized disposal, at the following concentrations: Materials disposed of prior to April 18, 

1978, that are currently at concentrations 50 ppm PCBs, regardless of the concentration of the 

original spill; materials which are currently at any volume or concentration where the original 

source was 500 ppm PCBs beginning on April 18, 1978, or 50 ppm PCBs beginning on July 2, 

1979; and materials which are currently at any concentration if the PCBs are spilled or released 

from a source not authorized for use under this part. PCB remediation waste means soil, rags, 

and other debris generated as a result of any PCB spill cleanup, including, but not limited to:

(1) Environmental media containing PCBs, such as soil and gravel; dredged materials, such as 

sediments, settled sediment fines, and aqueous decantate from sediment.

(2) Sewage sludge containing < 50 ppm PCBs and not in use according to §761.20(a)(4); PCB 

sewage sludge; commercial or industrial sludge contaminated as the result of a spill of PCBs 

including sludges located in or removed from any pollution control device; aqueous decantate 

from an industrial sludge.

(3) Buildings and other man-made structures (such as concrete floors, wood floors, or walls 

contaminated from a leaking PCB or PCB-Contaminated Transformer), porous surfaces, and 
non-porous surfaces.

PCB sewage sludge means sewage sludge as defined in 40 CFR 503.9(w) which contains 50 

ppm PCBs, as measured on a dry weight basis.

PCB Transformer means any transformer that contains 500 ppm PCBs. For PCB concentration 

assumptions applicable to transformers containing 1.36 kilograms (3 lbs.) or more of fluid other 

than mineral oil, see §761.2. For provisions permitting reclassification of electrical equipment, 

including PCB Transformers, containing 500 ppm PCBs to PCB-Contaminated Electrical 

Equipment, see §761.30(a) and (h).

PCB waste(s) means those PCBs and PCB Items that are subject to the disposal requirements of 

subpart D of this part.

Performance-based organic decontamination fluid (PODF) means kerosene, diesel fuel, terpene 

hydrocarbons, and terpene hydrocarbon/alcohol mixtures.

Person means any natural or judicial person including any individual, corporation, partnership, or 

association; any State or political subdivision thereof; any interstate body; and any department, 

agency, or instrumentality of the Federal Government.

Porous surface means any surface that allows PCBs to penetrate or pass into itself including, but 

not limited to, paint or coating on metal; corroded metal; fibrous glass or glass wool; unglazed 

ceramics; ceramics with a porous glaze; porous building stone such as sandstone, travertine, 

limestone, or coral rock; low-density plastics such as styrofoam and low-density polyethylene; 

coated (varnished or painted) or uncoated wood; concrete or cement; plaster; plasterboard; 

wallboard; rubber; fiberboard; chipboard; asphalt; or tar paper. For purposes of cleaning and 

disposing of PCB remediation waste, porous surfaces have different requirements than nonporous surfaces.

Posing an exposure risk to food or feed means being in any location where human food or animal 

feed products could be exposed to PCBs released from a PCB Item. A PCB Item poses an 

exposure risk to food or feed if PCBs released in any way from the PCB Item have a potential 

pathway to human food or animal feed. EPA considers human food or animal feed to include 

items regulated by the U.S. Department of Agriculture or the Food and Drug Administration as 

human food or animal feed; this includes direct additives. Food or feed is excluded from this 

definition if it is used or stored in private homes.

Process means the preparation of a chemical substance or mixture, after its manufacture, for 

distribution in commerce:

(1) In the same form or physical state as, or in a different form or physical state from, that in 

which it was received by the person so preparing such substance or mixture, or

(2) As part of an article containing the chemical substance or mixture.
Qualified incinerator means one of the following:

(1) An incinerator approved under the provisions of §761.70. Any level of PCB concentration 

can be destroyed in an incinerator approved under §761.70.

(2) A high efficiency boiler which complies with the criteria of §761.71(a)(1), and for which the 

operator has given written notice to the appropriate EPA Regional Administrator in accordance 

with the notification requirements for the burning of mineral oil dielectric fluid under 

§761.71(a)(2).

(3) An incinerator approved under section 3005(c) of the Resource Conservation and Recovery

Act (42 U.S.C. 6925(c)) (RCRA).

(4) Industrial furnaces and boilers which are identified in 40 CFR 260.10 and 40 CFR 279.61 

(a)(1) and (2) when operating at their normal operating temperatures (this prohibits feeding 

fluids, above the level of detection, during either startup or shutdown operations).

Quantifiable Level/Level of Detection means 2 micrograms per gram from any resolvable gas 

chromatographic peak, i.e. 2 ppm.

RCRA means the Resource Conservation and Recovery Act (40 U.S.C. 6901 et seq.).

Recycled PCBs means those PCBs which appear in the processing of paper products or asphalt 

roofing materials from PCB-contaminated raw materials. Processes which recycle PCBs must 

meet the following requirements:

(1) There are no detectable concentrations of PCBs in asphalt roofing material products leaving 

the processing site.

(2) The concentration of PCBs in paper products leaving any manufacturing site processing 

paper products, or in paper products imported into the United States, must have an annual 

average of less than 25 ppm with a 50 ppm maximum.

(3) The release of PCBs at the point at which emissions are vented to ambient air must be less 

than 10 ppm.

(4) The amount of Aroclor PCBs added to water discharged from an asphalt roofing processing 

site must at all times be less than 3 micrograms per liter (g/L) for total Aroclors (roughly 3 

parts per billion (3 ppb)). Water discharges from the processing of paper products must at all 

times be less than 3 micrograms per liter (g/L) for total Aroclors (roughly 3 ppb), or comply 

with the equivalent mass-based limitation.

(5) Disposal of any other process wastes at concentrations of 50 ppm or greater must be in

accordance with subpart D of this part.

Research and development (R&D) for PCB disposal means demonstrations for commercial PCB 
disposal approvals, pre-demonstration tests, tests of major modifications to previously approved 

PCB disposal technologies, treatability studies for PCB disposal technologies which have not 

been approved, development of new disposal technologies, and research on chemical 

transformation processes including, but not limited to, biodegradation.

Retrofill means to remove PCB or PCB-contaminated dielectric fluid and to replace it with either 

PCB, PCB-contaminated, or non-PCB dielectric fluid.

Rupture of a PCB Transformer means a violent or non-violent break in the integrity of a PCB 

Transformer caused by an overtemperature and/or overpressure condition that results in the 

release of PCBs.

Sale for purposes other than resale means sale of PCBs for purposes of disposal and for purposes 

of use, except where use involves sale for distribution in commerce. PCB Equipment which is 

first leased for purposes of use any time before July 1, 1979, will be considered sold for purposes 

other than resale.

Sewage sludge means sewage sludge as defined in §503.9(w) of this chapter that contains < 50 

ppm (on a dry weight basis) PCBs.

Small quantities for research and development means any quantity of PCBs (1) that is originally 

packaged in one or more hermetically sealed containers of a volume of no more than five (5.0) 

milliliters, and (2) that is used only for purposes of scientific experimentation or analysis, or 

chemical research on, or analysis of, PCBs, but not for research or analysis for the development 

of a PCB product.

Soil washing means the extraction of PCBs from soil using a solvent, recovering the solvent 

from the soil, separating the PCBs from the recovered solvent for disposal, and then disposal or 

reuse of the solvent.

Standard wipe sample means a sample collected for chemical extraction and analysis using the 

standard wipe test as defined in §761.123. Except as designated elsewhere in part 761, the 

minimum surface area to be sampled shall be 100 cm 2.

Storage for disposal means temporary storage of PCBs that have been designated for disposal.

SW–846 means the document having the title “SW-846, Test Methods for Evaluating Solid 

Waste,” which is available from either the National Technical Information Service (NTIS, U.S. 

Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, telephone: (703) 487-

4650 or the U.S. Government Printing Office (U.S. GPO, 710 North Capitol St., NW., 

Washington, DC 20401, telephone: (202) 783-3238.

Totally enclosed manner means any manner that will ensure no exposure of human beings or the 

environment to any concentration of PCBs.

Transfer facility means any transportation-related facility including loading docks, parking areas, 
and other similar areas where shipments of PCB waste are held during the normal course of 

transportation. Transport vehicles are not transfer facilities under this definition, unless they are 

used for the storage of PCB waste, rather than for actual transport activities. Storage areas for 

PCB waste at transfer facilities are subject to the storage facility standards of §761.65, but such 

storage areas are exempt from the approval requirements of §761.65(d) and the recordkeeping 

requirements of §761.180, unless the same PCB waste is stored there for a period of more than 

10 consecutive days between destinations.

Transporter of PCB waste means, for the purposes of subpart K of this part, any person engaged 

in the transportation of regulated PCB waste by air, rail, highway, or water for purposes other 

than consolidation by a generator.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any 

mode. Each cargo-carrying body (e.g., trailer, railroad freight car) is a separate transport vehicle.

Treatability Study means a study in which PCB waste is subjected to a treatment process to 

determine:

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

(2) What pretreatment (if any) is required;

(3) The optimal process conditions needed to achieve the desired treatment;

(4) The efficiency of a treatment process for the specific type of waste (i.e., soil, sludge, liquid, 

etc.); or,

(5) The characteristics and volumes of residuals from a particular treatment process. A 

“treatability study” is not a mechanism to commercially treat or dispose of PCB waste. 

Treatment is a form of disposal under this part.

TSCA means the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).

TSCA PCB Coordinated Approval means the process used to recognize other Federal or State 

waste management documents governing the storage, cleanup, treatment, and disposal of PCB 

wastes. It is the mechanism under TSCA for accomplishing review, coordination, and approval 

of PCB waste management activities which are conducted outside of the TSCA PCB approval 

process, but require approval under the TSCA PCB regulations at 40 CFR part 761.

Unit means a particular building, structure, or cell used to manage PCB waste (including, but not 

limited to, a building used for PCB waste storage, a landfill, an industrial boiler, or an 

incinerator).

U.S. GPO means the U.S. Government Printing Office, 710 North Capitol St., NW., Washington, 

DC 20401.
Waste Oil means used products primarily derived from petroleum, which include, but are not 

limited to, fuel oils, motor oils, gear oils, cutting oils, transmission fluids, hydraulic fluids, and 

dielectric fluids.

Wet weight means reporting chemical analysis results by including either the weight, or the 

volume and density, of all liquids.

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

[49 FR 25239, June 20, 1984, as amended at 49 FR 28189, July 10, 1984; 49 FR 29066, July 18, 

1984; 49 FR 44638, Nov. 8, 1984; 50 FR 29199, July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 

FR 24220, June 27, 1988; 53 FR 27327, July 19, 1988; 54 FR 52745, Dec. 21, 1989; 55 FR 

26205, June 27, 1990; 58 FR 32061, June 8, 1993; 61 FR 11106, Mar. 18, 1996; 63 FR 35437, 

June 29, 1998; 64 FR 33759, June 24, 1999]
§ 761.19 References.

(a) [Reserved]

(b) Incorporation by reference. The following material is incorporated by reference, and is 

available for inspection at the Office of the Federal Register, 800 North Capitol St., NW., Suite 

700, Washington, DC. These incorporations by reference were approved by the Director of the 

Office of the Federal Register. These materials are incorporated as they exist on the date of 

approval and a notice of any change in these materials will be published in the Federal Register. 

Copies of the incorporated material are available for inspection at the TSCA Nonconfidential 

Information Center (7407), Rm. B607, Northeast Mall, Office of Pollution Prevention and 

Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Copies of 

the incorporated material may be obtained from the American Society for Testing and Materials 

(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959.

------------------------------------------------------------------------

 References CFR Citation

------------------------------------------------------------------------

ASTM D 93 - 90 Standard Test Methods for § 761.71(b)(2)(vi);

Flash Point by Pensky-Martens Closed § 761.75(b)(8)(iii)

Tester.

ASTM D 129-64 (Reapproved 1978) Standard § 761.71(b)(2)(vi)

Test Method for Sulfur in Petroleum

Products (General Bomb Method).

ASTM D 240-87 Standard Test Method for § 761.71(b)(2)(vi)

Heat of Combustion of Liquid

Hydrocarbon Fuel by Bomb Calorimeter.

ASTM D 482-87 Standard Test Method for § 761.71(b)(2)(vi)

Ash from Petroleum Products.

ASTM D 524-88 Standard Test Method for § 761.71(b)(2)(vi)

Ramsbottom Carbon Residue of Petroleum

Products.

ASTM D 808-87 Standard Test Method for § 761.71(b)(2)(vi)

Chlorine in New and Used Petroleum

Products (Bomb Method).

ASTM D 923-86 Standard Test Method for § 761.60(g)(1)(ii);

Sampling Electrical Insulating Liquids. (g)(2)(ii)

ASTM D 923-89 Standard Methods of § 761.60(g)(1)(ii);

Sampling Electrical Insulating Liquids. (g)(2)(ii)

ASTM D 1266-87 Standard Test Method for § 761.71(b)(2)(vi)

Sulfur in Petroleum Products (Lamp

Method).

ASTM D 1796-83 (Reapproved 1990) § 761.71(b)(2)(vi)

Standard Test Method for Water and

Sediment in Fuel Oils by the Centrifuge
Method (Laboratory Procedure).

ASTM D 2158-89 Standard Test Method for § 761.71(b)(2)(vi)

Residues in Liquified Petroleum (LP)

Gases.

ASTM D 2709-88 Standard Test Method for § 761.71(b)(2)(vi)

Water and Sediment in Distillate Fuels

by Centrifuge.

ASTM D 2784-89 Standard Test Method for § 761.71(b)(2)(vi)

Sulfur in Liquified Petroleum Gases

(Oxy-hydrogen Burner or Lamp).

ASTM D 3178-84 Standard Test Methods for § 761.71(b)(2)(vi)

Carbon and Hydrogen in the Analysis

Sample of Coke and Coal.

ASTM D 3278-89 Standard Test Methods for § 761.75(b)(8)(iii)

Flash Point of Liquids by Setaflash

Closed-Cup Apparatus.

ASTM E 258-67 (Reapproved 1987) Standard § 761.71(b)(2)(vi)

Test Method for Total Nitrogen

Inorganic Material by Modified KJELDAHL

Method.

------------------------------------------------------------------------

[47 FR 22098, May 21, 1982, as amended at 49 FR 29067, July 18, 1984; 49 FR 36648, Sept. 19,

1984; 53 FR 10391, Mar. 31, 1988; 53 FR 12524, Apr. 15, 1988; 53 FR 21641, June 9, 1988; 57 

FR 13323, Apr. 16, 1992; 59 FR 33697, June 30, 1994; 60 FR 34465, July 3, 1995; 63 FR 

35439, June 29, 1998; 64 FR 33759, June 24, 1999]

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

Items

§ 761.20 Prohibitions and exceptions.

Except as authorized in §761.30, the activities listed in paragraphs (a) and (d) of this section are 

prohibited pursuant to section 6(e)(2) of TSCA. The requirements set forth in paragraph (c) of 

this section and subpart F of this part concerning export and import of PCBs and PCB Items for 

disposal are established pursuant to section 6(e)(1) of TSCA. Subject to any exemptions granted 

pursuant to section 6(e)(3)(B) of TSCA, the activities listed in paragraphs (b) and (c) of this 

section are prohibited pursuant to section (6)(e)(3)(A) of TSCA. In addition, the Administrator 

hereby finds, under the authority of section 12(a)(2) of TSCA, that the manufacture, processing, 

and distribution in commerce of PCBs at concentrations of 50 ppm or greater and PCB Items 

with PCB concentrations of 50 ppm or greater present an unreasonable risk of injury to health 

within the United States. This finding is based upon the well-documented human health and 

environmental hazard of PCB exposure, the high probability of human and environmental 

exposure to PCBs and PCB Items from manufacturing, processing, or distribution activities; the 

potential hazard of PCB exposure posed by the transportation of PCBs or PCB Items within the 
United States; and the evidence that contamination of the environment by PCBs is spread far 

beyond the areas where they are used. In addition, the Administrator hereby finds, for purposes 

of section 6(e)(2)(C) of TSCA, that any exposure of human beings or the environment to PCBs, 

as measured or detected by any scientifically acceptable analytical method, may be significant, 

depending on such factors as the quantity of PCBs involved in the exposure, the likelihood of 

exposure to humans and the environment, and the effect of exposure. For purposes of 

determining which PCB Items are totally enclosed, pursuant to section 6(e)(2)(C) of TSCA, 

since exposure to such Items may be significant, the Administrator further finds that a totally

enclosed manner is a manner which results in no exposure to humans or the environment to 

PCBs. The following activities are considered totally enclosed: distribution in commerce of 

intact, nonleaking electrical equipment such as transformers (including transformers used in 

railway locomotives and self-propelled cars), capacitors, electromagnets, voltage regulators, 

switches (including sectionalizers and motor starters), circuit breakers, reclosers, and cable that 

contain PCBs at any concentration and processing and distribution in commerce of PCB 

Equipment containing an intact, nonleaking PCB Capacitor. See paragraph (c)(1) of this section 

for provisions allowing the distribution in commerce of PCBs and PCB Items.

(a) No persons may use any PCB, or any PCB Item regardless of concentration, in any manner 

other than in a totally enclosed manner within the United States unless authorized under §761.30, 

except that:

(1) An authorization is not required to use those PCBs or PCB Items which consist of excluded 

PCB products as defined in §761.3.

(2) An authorization is not required to use those PCBs or PCB Items resulting from an excluded 

manufacturing process or recycled PCBs as defined in §761.3, provided all applicable conditions 

of §761.1(f) are met.

(3) An authorization is not required to use those PCB Items which contain or whose surfaces 

have been in contact with excluded PCB products as defined in §761.3.

(4) An authorization is not required to use sewage sludge where the uses are regulated at parts 

257, 258, and 503 of this chapter. No person may blend or otherwise dilute PCBs regulated for 

disposal, including PCB sewage sludge and sewage sludge not used pursuant to parts 257, 258, 

and 503 of this chapter, for purposes of use or to avoid disposal requirements under this part. 

Except as explicitly provided in subpart D of this part, no person may dispose of regulated PCB 

wastes including, but not limited to, PCB remediation waste, PCB bulk product waste, PCBs, 

and PCB industrial sludges, into treatment works, as defined in §503.9(aa) of this chapter.

(b) No person may manufacture PCBs for use within the United States or manufacture PCBs for 

export from the United States without an exemption, except that: an exemption is not required 

for PCBs manufactured in an excluded manufacturing process as defined in §761.3, provided all 

applicable conditions of §761.1(f) are met.

(c) No persons may process or distribute in commerce any PCB, or any PCB Item regardless of 

concentration, for use within the United States or for export from the United States without an 
exemption, except that an exemption is not required to process or distribute in commerce PCBs 

or PCB Items resulting from an excluded manufacturing process as defined in §761.3, or to 

process or distribute in commerce recycled PCBs as defined in §761.3, or to process or distribute 

in commerce excluded PCB products as defined in §761.3, provided that all applicable 

conditions of §761.1(f) are met. In addition, the activities described in paragraphs (c) (1) through 

(5) of this section may also be conducted without an exemption, under the conditions specified 

therein.

(1) PCBs at concentrations of 50 ppm or greater, or PCB Items with PCB concentrations of 50 

ppm or greater, sold before July 1, 1979 for purposes other than resale may be distributed in 

commerce only in a totally enclosed manner after that date.

(2) Any person may process and distribute in commerce for disposal PCBs at concentrations of 

50 ppm, or PCB Items with PCB concentrations of 50 ppm, if they comply with the applicable 

provisions of this part.

(i) Processing activities which are primarily associated with and facilitate storage or 

transportation for disposal do not require a TSCA PCB storage or disposal approval.

(ii) Processing activities which are primarily associated with and facilitate treatment, as defined 

in §260.10 of this chapter, or disposal require a TSCA PCB disposal approval unless they are 

part of an existing approval, are part of a self-implementing activity under §761.61(a) or §761.79 

(b) or (c), or are otherwise specifically allowed under subpart D of this part.

(iii) With the exception of provisions in §761.60 (a)(2) and (a)(3), in order to meet the intent of 

§761.1(b), processing, diluting, or otherwise blending of waste prior to being introduced into a 

disposal unit for purposes of meeting a PCB concentration limit shall be done in accordance with 

a TSCA PCB disposal approval or comply with the requirements of §761.79.

(iv) Where the rate of delivering liquids or non-liquids into a PCB disposal unit is an operating 

parameter, this rate shall be a condition of the TSCA PCB disposal approval for the unit when an 

approval is required.

(3) PCBs and PCB Items may be exported for disposal in accordance with the requirements of 

subpart F of this part.

(4) PCBs, at concentrations of less than 50 ppm, or PCB Items, with concentrations of less than 

50 ppm, may be processed and distributed in commerce for purposes of disposal.

(5) Decontaminated materials. Any person may distribute in commerce equipment, structures, or 

other liquid or non-liquid materials that were contaminated with PCBs 50 ppm, including those 

not otherwise authorized for distribution in commerce under this part, provided that one of the 

following applies:

(i) The materials were decontaminated in accordance with a TSCA PCB disposal approval issued 

under subpart D of this part, with §761.79, or with applicable EPA PCB spill cleanup policies in 

effect at the time of the decontamination.
(ii) If not previously decontaminated, the materials now meet an applicable decontamination 

standard in §761.79(b).

(d) The use of waste oil that contains any detectable concentration of PCB as a sealant, coating, 

or dust control agent is prohibited. Prohibited uses include, but are not limited to, road oiling, 

general dust control, use as a pesticide or herbicide carrier, and use as a rust preventative on 

pipes.

(e) In addition to any applicable requirements under 40 CFR part 279, subparts G and H, 

marketers and burners of used oil who market (process or distribute in commerce) for energy

recovery, used oil containing any quantifiable level of PCBs are subject to the following 

requirements:

(1) Restrictions on marketing. Used oil containing any quantifiable level of PCBs (2 ppm) may

be marketed only to:

(i) Qualified incinerators as defined in 40 CFR 761.3.

(ii) Marketers who market off-specification used oil for energy recovery only to other marketers 

who have notified EPA of their used oil management activities, and who have an EPA 

identification number where an identification number is required by 40 CFR 279.73. This would 

include persons who market off-specification used oil who are subject to the requirements at 40 

CFR part 279 and the notification requirements of 40 CFR 279.73.

(iii) Burners identified in 40 CFR 279.61(a)(1) and (2). Only burners in the automotive industry

may burn used oil generated from automotive sources in used oil-fired space heaters provided the 

provisions of 40 CFR 279.23 are met. The Regional Administrator may grant a variance for a 

boiler that does not meet the 40 CFR 279.61(a)(1) and (2) criteria after considering the criteria 

listed in 40 CFR 260.32 (a) through (f). The applicant must address the relevant criteria 

contained in 40 CFR 260.32 (a) through (f) in an application to the Regional Administrator.

(2) Testing of used oil fuel. Used oil to be burned for energy recovery is presumed to contain 

quantifiable levels (2 ppm) of PCB unless the marketer obtains analyses (testing) or other 

information that the used oil fuel does not contain quantifiable levels of PCBs.

(i) The person who first claims that a used oil fuel does not contain quantifiable level (2 ppm) 

PCB must obtain analyses or other information to support that claim.

(ii) Testing to determine the PCB concentration in used oil may be conducted on individual 

samples, or in accordance with the testing procedures described in §761.60(g)(2). However, for 

purposes of this part, if any PCBs at a concentration of 50 ppm or greater have been added to the 

container or equipment, then the total container contents must be considered as having a PCB 

concentration of 50 ppm or greater for purposes of complying with the disposal requirements of 

this part.
(iii) Other information documenting that the used oil fuel does not contain quantifiable levels (2 

ppm) of PCBs may consist of either personal, special knowledge of the source and composition 

of the used oil, or a certification from the person generating the used oil claiming that the oil 

contains no detectable PCBs.

(3) Restrictions on burning. (i) Used oil containing any quantifiable levels of PCB may be 

burned for energy recovery only in the combustion facilities identified in paragraph (e)(1) of this 

section when such facilities are operating at normal operating temperatures (this prohibits 

feeding these fuels during either startup or shutdown operations). Owners and operators of such 

facilities are “burners” of used oil fuels.

(ii) Before a burner accepts from a marketer the first shipment of used oil fuel containing 

detectable PCBs (2 ppm), the burner must provide the marketer a one-time written and signed 

notice certifying that:

(A) The burner has complied with any notification requirements applicable to “qualified 

incinerators” (§761.3) or to “burners” regulated under 40 CFR part 279, subpart G.

(B) The burner will burn the used oil only in a combustion facility identified in paragraph (e)(1) 

of this section and identify the class of burner he qualifies.

(4) Recordkeeping requirements. The following recordkeeping requirements are in addition to 

the recordkeeping requirements for marketers found in 40 CFR 279.72(b), 279.74(a), (b) and (c), 

and 279.75, and for burners found in 40 CFR 279.65 and 279.66.

(i) Marketers. Marketers who first claim that the used oil fuel contains no detectable PCBs must 

include among the records required by 40 CFR 279.72(b) and 279.74(b) and (c), copies of the 

analysis or other information documenting his claim, and he must include among the records 

required by 40 CFR 279.74(a) and (c) and 279.75, a copy of each certification notice received or 

prepared relating to transactions involving PCB-containing used oil.

(ii) Burners. Burners must include among the records required by 40 CFR 279.65 and 279.66, a 

copy of each certification notice required by paragraph (e)(3)(ii) of this section that he sends to a 

marketer.

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

[44 FR 31542, May 31, 1979. Redesignated at 47 FR 19527, May 6, 1982, and amended at 49 

FR 25241, June 20, 1984; 49 FR 28190, July 10, 1984; 49 FR 44638, Nov. 8, 1984; 53 FR 

12524, Apr. 15, 1988; 53 FR 24220, June 27, 1988; 58 FR 15435, Mar. 23, 1993; 58 FR 34205, 

June 23, 1993; 60 FR 34465, July 3, 1995; 61 FR 11106, Mar. 18, 1996; 63 FR 35439, June 29, 

1998; 64 FR 33760, June 24, 1999]

§ 761.30 Authorizations.

The following non-totally enclosed PCB activities are authorized pursuant to section 6(e)(2)(B) 
of TSCA:

(a) Use in and servicing of transformers (other than railroad transformers). PCBs at any 

concentration may be used in transformers (other than in railroad locomotives and self-propelled 

railroad cars) and may be used for purposes of servicing including rebuilding these transformers 

for the remainder of their useful lives, subject to the following conditions:

(1) Use conditions. (i) As of October 1, 1985, the use and storage for reuse of PCB Transformers 

that pose an exposure risk to food or feed is prohibited.

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

(secondary voltages equal to or greater than 480 volts, including 480/277 volt systems) in or near 

commercial buildings is prohibited. Network PCB Transformers with higher secondary voltages 

which are removed from service in accordance with this requirement must either be reclassified 

to PCB Contaminated or non PCB status, placed into storage for disposal, or disposed.

(iii) Except as otherwise provided, as of October 1, 1985, the installation of PCB Transformers, 

which have been placed into storage for reuse or which have been removed from another 

location, in or near commercial buildings is prohibited.

(A) Retrofilled mineral oil PCB Transformers may be installed for reclassification purposes 

indefinitely after October 1, 1990.

(B) Once a retrofilled transformer has been installed for reclassification purposes, it must be 

tested 3 months after installation to ascertain the concentration of PCBs. If the PCB 

concentration is below 50 ppm, the transformer can be reclassified as a non-PCB Transformer. If 

the PCB concentration is between 50 and 500 ppm, the transformer can be reclassified as a PCBContaminated transformer. If the PCB concentration remains at 500 ppm or greater, the entire 

process must either be repeated until the transformer has been reclassified to a non-PCB or PCBContaminated transformer in accordance with paragraph (a)(2)(v) of this section or the 

transformer must be removed from service.

(iv) As of October 1, 1990, all higher secondary voltage radial PCB Transformers, in use in or 

near commercial buildings, and lower secondary voltage network PCB Transformers not located 

in sidewalk vaults in or near commercial buildings (network transformers with secondary

voltages below 480 volts) that have not been removed from service as provided in paragraph 

(a)(1)(iv)(B) of this section, must be equipped with electrical protection to avoid transformer 

ruptures caused by high current faults. As of February 25, 1991, all lower secondary voltage 

radial PCB Transformers, in use in or near commercial buildings, must be equipped with 

electrical protection to avoid transformer ruptures caused by high current faults.

(A) Current-limiting fuses or other equivalent technology must be used to detect sustained high 

current faults and provide for the complete deenergization of the transformer (within several 

hundredths of a second in the case of higher secondary voltage radial PCB Transformers and 

within tenths of a second in the case of lower secondary voltage network PCB Transformers), 

before transformer rupture occurs. Lower secondary voltage radial PCB Transformers must be 
equipped with electrical protection as provided in paragraph (a)(1)(iv)(E) of this section. The 

installation, setting, and maintenance of current-limiting fuses or other equivalent technology to 

avoid PCB Transformer ruptures from sustained high current faults must be completed in 

accordance with good engineering practices.

(B) All lower secondary voltage network PCB Transformers not located in sidewalk vaults 

(network transformers with secondary voltages below 480 volts), in use in or near commercial 

buildings, which have not been protected as specified in paragraph (a)(1)(iv)(A) of this section 

by October 1, 1990, must be removed from service by October 1, 1993.

(C) As of October 1, 1990, owners of lower secondary voltage network PCB Transformers, in 

use in or near commercial buildings which have not been protected as specified in paragraph 

(a)(1)(iv)(A) of this section and which are not located in sidewalk vaults, must register in writing 

those transformers with the EPA Regional Administrator in the appropriate region. The 

information required to be provided in writing to the Regional Administrator includes:

(1) The specific location of the PCB Transformer(s).

(2) The address(es) of the building(s) and the physical location of the PCB Transformer(s) on the 

building site(s).

(3) The identification number(s) of the PCB Transformer(s).

(D) As of October 1, 1993, all lower secondary voltage network PCB Transformers located in 

sidewalk vaults (network transformers with secondary voltages below 480 volts) in use near 

commercial buildings must be removed from service.

(E) As of February 25, 1991, all lower secondary voltage radial PCB Transformers must be 

equipped with electrical protection, such as current-limiting fuses or other equivalent technology, 

to detect sustained high current faults and provide for the complete deenergization of the 

transformer or complete deenergization of the faulted phase of the transformer within several 

hundredths of a second. The installation, setting, and maintenance of current-limiting fuses or 

other equivalent technology to avoid PCB Transformer ruptures from sustained high current 

faults must be completed in accordance with good engineering practices.

(v) As of October 1, 1990, all radial PCB Transformers with higher secondary voltages (480 

volts and above, including 480/277 volt systems) in use in or near commercial buildings must, in 

addition to the requirements of paragraph (a)(1)(iv)(A) of this section, be equipped with 

protection to avoid transformer ruptures caused by sustained low current faults.

(A) Pressure and temperature sensors (or other equivalent technology which has been 

demonstrated to be effective in early detection of sustained low current faults) must be used in 

these transformers to detect sustained low current faults.

(B) Disconnect equipment must be provided to insure complete deenergization of the transformer 

in the event of a sensed abnormal condition (e.g., an overpressure or overtemperature condition 
in the transformer), caused by a sustained low current fault. The disconnect equipment must be 

configured to operate automatically within 30 seconds to 1 minute of the receipt of a signal 

indicating an abnormal condition from a sustained low current fault, or can be configured to 

allow for manual deenergization from a manned on-site control center upon the receipt of an 

audio or visual signal indicating an abnormal condition caused by a sustained low current fault. 

Manual deenergization from a manned on-site control center must occur within 1 minute of the 

receipt of the audio or visual signal indicating an abnormal condition caused by a sustained low 

current fault. If automatic operation is selected and a circuit breaker is utilized for disconnection, 

it must also have the capability to be manually opened if necessary.

(C) The enhanced electrical protective system required for the detection of sustained low current 

faults and the complete and rapid deenergization of transformers must be properly installed, 

maintained, and set sensitive enough (in accordance with good engineering practices) to detect 

sustained low current faults and allow for rapid and total deenergization prior to PCB 

Transformer rupture (either violent or non violent rupture) and release of PCBs.

(vi)(A) No later than December 28, 1998 all owners of PCB Transformers, including those in 

storage for reuse, must register their transformers with the Environmental Protection Agency, 

National Program Chemicals Division, Office of Pollution Prevention and Toxics (7404), 1200 

Pennsylvania Ave., NW., Washington, DC 20460. This registration requirement is subject to the 

limitations in paragraph (a)(1) of this section.

(1) A transformer owner who assumes a transformer is a PCB-Contaminated transformer, and 

discovers after December 28, 1998 that it is a PCB-Transformer, must register the newlyidentified PCB Transformer, in writing, with the Environmental Protection Agency no later than 

30 days after it is identified as such. This requirement does not apply to transformer owners who 

have previously registered with the EPA PCB Transformers located at the same address as the 

transformer that they assumed to be PCB-Contaminated and later determined to be a PCB 

Transformer.

(2) A person who takes possession of a PCB Transformer after December 28, 1998 is not 

required to register or re-register the transformer with the EPA.

(B) Any person submitting a registration under this section must include:

(1) Company name and address.

(2) Contact name and telephone number.

(3) Address where these transformers are located. For mobile sources such as ships, provide the 

name of the ship.

(4) Number of PCB Transformers and the total weight in kilograms of PCBs contained in the 

transformers.

(5) Whether any transformers at this location contain flammable dielectric fluid (optional).
(6) Signature of the owner, operator, or other authorized representative certifying the accuracy of 

the information submitted.

(C) A transformer owner must retain a record of each PCB Transformer's registration (e.g., a 

copy of the registration and the return receipt signed by EPA) with the inspection and 

maintenance records required for each PCB Transformer under paragraph (a)(1)(xii)(I) of this 

section.

(D) A transformer owner must comply with all requirements of paragraph (a)(1)(vi)(A) of this 

section to continue the PCB-Transformer's authorization for use, or storage for reuse, pursuant to 

this section and TSCA section 6(e)(2)(B).

(vii) As of December 1, 1985, PCB Transformers in use in or near commercial buildings must be 

registered with building owners. For PCB Transformers located in commercial buildings, PCB 

Transformer owners must register the transformers with the building owner of record. For PCB 

Transformers located near commercial buildings, PCB Transformer owners must register the 

transformers with all owners of buildings located within 30 meters of the PCB Transformer(s). 

Information required to be provided to building owners by PCB Transformer owners includes 

but is not limited to:

(A) The specific location of the PCB Transformer(s).

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

or silicone oil).

(C) The type of transformer installation (e.g., 208/120 volt network, 208/120 volt radial, 208 volt 

radial, 480 volt network, 480/277 volt network, 480 volt radial, 480/277 volt radial).

(viii) As of December 1, 1985, combustible materials, including, but not limited to paints, 

solvents, plastics, paper, and sawn wood must not be stored within a PCB Transformer enclosure 

(i.e., in a transformer vault or in a partitioned area housing a transformer); within 5 meters of a 

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

(ix) A visual inspection of each PCB Transformer (as defined in the definition of “PCB 

Transformer” under §761.3) in use or stored for reuse shall be performed at least once every 3 

months. These inspections may take place any time during the 3-month periods: January-March, 

April-June, July-September, and October-December as long as there is a minimum of 30 days 

between inspections. The visual inspection must include investigation for any leak of dielectric 

fluid on or around the transformer. The extent of the visual inspections will depend on the 

physical constraints of each transformer installation and should not require an electrical 

shutdown of the transformer being inspected.

(x) If a PCB Transformer is found to have a leak which results in any quantity of PCBs running 

off or about to run off the external surface of the transformer, then the transformer must be 

repaired or replaced to eliminate the source of the leak. In all cases any leaking material must be 
cleaned up and properly disposed of according to disposal requirements of subpart D of this part. 

Cleanup of the released PCBs must be initiated as soon as possible, but in no case later than 48 

hours of its discovery. Until appropriate action is completed, any active leak of PCBs must be 

contained to prevent exposure of humans or the environment and inspected daily to verify

containment of the leak. Trenches, dikes, buckets, and pans are examples of proper containment 

measures.

(xi) If a PCB Transformer is involved in a fire-related incident, the owner of the transformer 

must immediately report the incident to the National Response Center (toll-free 1–800–424–

8802; in Washington, DC 202–426–2675). A fire-related incident is defined as any incident 

involving a PCB Transformer which involves the generation of sufficient heat and/or pressure 

(by any source) to result in the violent or non-violent rupture of a PCB Transformer and the 

release of PCBs. Information must be provided regarding the type of PCB Transformer 

installation involved in the fire-related incident (e.g., high or low secondary voltage network 

transformer, high or low secondary voltage simple radial system, expanded radial system, 

primary selective system, primary loop system, or secondary selective system or other systems) 

and the readily ascertainable cause of the fire-related incident (e.g., high current fault in the 

primary or secondary or low current fault in secondary). The owner of the PCB Transformer 

must also take measures as soon as practically and safely possible to contain and control any 

potential releases of PCBs and incomplete combustion products into water. These measures 

include, but are not limited to:

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

(B) The containment of water runoff.

(C) The control and treatment (prior to release) of any water used in subsequent cleanup 

operations.

(xii) Records of inspection and maintenance history shall be maintained at least 3 years after 

disposing of the transformer and shall be made available for inspection, upon request by EPA. 

Such records shall contain the following information for each PCB Transformer:

(A) Its location.

(B) The date of each visual inspection and the date that leak was discovered, if different from the 

inspection date.

(C) The person performing the inspection.

(D) The location of any leak(s).

(E) An estimate of the amount of dielectric fluid released from any leak.

(F) The date of any cleanup, containment, repair, or replacement.
(G) A description of any cleanup, containment, or repair performed.

(H) The results of any containment and daily inspection required for uncorrected active leaks.

(I) Record of the registration of PCB Transformer(s).

(J) Records of transfer of ownership in compliance with §761.180(a)(2)(ix).

(xiii) A reduced visual inspection frequency of at least once every 12 months applies to PCB 

Transformers that utilize either of the following risk reduction measures. These inspections may

take place any time during the calendar year as long as there is a minimum of 180 days between 

inspections.

(A) A PCB Transformer which has impervious, undrained, secondary containment capacity of at 

least 100 percent of the total dielectric fluid volume of all transformers so contained or

(B) A PCB Transformer which has been tested and found to contain less than 60,000 ppm PCBs 

(after 3 months of in service use if the transformer has been serviced for purposes of reducing the 

PCB concentration).

(xiv) An increased visual inspection frequency of at least once every week applies to any PCB 

Transformer in use or stored for reuse which poses an exposure risk to food or feed. The user of 

a PCB Transformer posing an exposure risk to food is responsible for the inspection, 

recordkeeping, and maintenance requirements under this section until the user notifies the owner 

that the transformer may pose an exposure risk to food or feed. Following such notification, it is 

the owner's ultimate responsibility to determine whether the PCB Transformer poses an exposure 

risk to food or feed.

(xv) In the event a mineral oil transformer, assumed to contain less than 500 ppm of PCBs as 

provided in §761.2, is tested and found to be contaminated at 500 ppm or greater PCBs, it will be 

subject to all the requirements of this Part 761. In addition, efforts must be initiated immediately

to bring the transformer into compliance in accordance with the following schedule:

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

(B) Mark the PCB transformer within 7 days after discovery.

(C) Mark the vault door, machinery room door, fence, hallway or other means of access to the 

PCB Transformer within 7 days after discovery.

(D) Register the PCB Transformer in writing with the building owner within 30 days of 

discovery.

(E) Install electrical protective equipment on a radial PCB Transformer and a non-sidewalk 

vault, lower secondary voltage network PCB Transformer in or near a commercial building 

within 18 months of discovery or by October 1, 1990, whichever is later.
(F) Remove a non-sidewalk vault, lower secondary voltage network PCB Transformer in or near 

a commercial building, if electrical protective equipment is not installed, within 18 months of 

discovery or by October 1, 1993, whichever is later.

(G) Remove a lower secondary voltage network PCB Transformer located in a sidewalk vault in 

or near a commercial building, within 18 months of discovery or by October 1, 1993, whichever 

is later.

(H) Retrofill and reclassify a radial PCB Transformer or a lower or higher secondary voltage 

network PCB Transformer, located in other than a sidewalk vault in or near a commercial 

building, within 18 months or by October 1, 1990, whichever is later. This is an option in lieu of 

installing electrical protective equipment on a radial or lower secondary voltage network PCB 

Transformer located in other than a sidewalk vault or of removing a higher secondary voltage 

network PCB Transformer or a lower secondary voltage network PCB Transformer, located in a 

sidewalk vault, from service.

(I) Retrofill and reclassify a lower secondary voltage network PCB Transformer, located in a 

sidewalk vault, in or near a commercial building within 18 months or by October 1, 1993, 

whichever is later. This is an option in lieu of installing electrical protective equipment or 

removing the transformer from service.

(J) Retrofill and reclassify a higher secondary voltage network PCB Transformer, located in a 

sidewalk vault, in or near a commercial building within 18 months or by October 1, 1990, 

whichever is later. This is an option in lieu of other requirements.

(2) Servicing conditions. (i) Transformers classified as PCB-Contaminated Electrical Equipment 

(as defined in the definition of “PCB-Contaminated Electrical Equipment” under §761.3) may be 

serviced (including rebuilding) only with dielectric fluid containing less than 500 ppm PCB.

(ii) Any servicing (including rebuilding) of PCB Transformers (as defined in the definition of 

“PCB Transformer” under §761.3) that requires the removal of the transformer coil from the 

transformer casing is prohibited. PCB Transformers may be serviced (including topping off) with 

dielectric fluid at any PCB concentration.

(iii) PCBs removed during any servicing activity must be captured and either reused as dielectric 

fluid or disposed of in accordance with the requirements of §761.60. PCBs from PCB 

Transformers must not be mixed with or added to dielectric fluid from PCB-Contaminated 

Electrical Equipment.

(iv) Regardless of its PCB concentration, dielectric fluids containing less than 500 ppm PCB that 

are mixed with fluids that contain 500 ppm or greater PCB must not be used as dielectric fluid in 

any electrical equipment. The entire mixture of dielectric fluid must be considered to be greater 

than 500 ppm PCB and must be disposed of in an incinerator that meets the requirements in 

§761.70.

(v) You may reclassify a PCB Transformer that has been tested and determined to have a 
concentration of 500 ppm PCBs to a PCB-Contaminated transformer (50 but < 500 ppm) or to 

a non-PCB transformer (< 50 ppm), and you may reclassify a PCB-Contaminated transformer 

that has been tested and determined to have a concentration of 50 ppm but < 500 ppm to a nonPCB transformer, as follows:

(A) Remove the free-flowing PCB dielectric fluid from the transformer. Flushing is not required. 

Either test the fluid or assume it contains 1,000 ppm PCBs. Retrofill the transformer with fluid 

containing known PCB levels according to the following table. Determine the transformer's 

reclassified status according to the following table (if following this process does not result in the 

reclassified status you desire, you may repeat the process):

----------------------------------------------------------------------------------------------------------------

 and you retrofill and test results

 If test results show the PCB the transformer show the PCB then the

 concentration (ppm) in the with dielectric and you . . . concentration 

transformer's

transformer prior to retrofill fluid containing . (ppm) after reclassified

 is . . . . . retrofill is . . . status is. . .

----------------------------------------------------------------------------------------------------------------

>=1,000 (or untested) < 50 ppm PCBs operate the >=50 but < 500 PCBcontaminated

 transformer

electrically

under loaded

 conditions for at

 least 90-

continuous days

after retrofill,

then test the

fluid for PCBs

 -------------------------------------------------------------------------------

 < 50 ppm PCBs operate the <50 non-PCB

 transformer

 electrically

 under loaded

conditions for at

least 90-

 continuous days

 after retrofill,

then test the

 fluid for PCBs

----------------------------------------------------------------------------------------------------------------

>=500 but <1,000 <50 ppm PCBs test the fluid for >=50 but <500 PCBcontaminated

 PCBs at least 90
 days after

retrofill

 -------------------------------------------------------------------------------

 <50 ppm PCBs test the fluid for <50 non-PCB

 PCBs at least 90

 days after

 retrofill

----------------------------------------------------------------------------------------------------------------

>=50 but <500 >=2 but <50 ppm test the fluid for <50 non-PCB

 PCBs PCBs at least 90

 days after

retrofill

 -------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------

(B) If you discover that the PCB concentration of the fluid in a reclassified transformer has 

changed, causing the reclassified status to change, the transformer is regulated based on the 

actual concentration of the fluid. For example, a transformer that was reclassified to non-PCB 

status is regulated as a PCB-Contaminated transformer if you discover that the concentration of 

the fluid has increased to 50 but <500 ppm PCBs. If you discover that the PCB concentration of 

the fluid has risen to 500 ppm, the transformer is regulated as a PCB Transformer. Follow 

paragraphs (a)(1)(xv)(A) through (J) of this section to come into compliance with the regulations 

applicable to PCB Transformers. You also have the option of repeating the reclassification 

process.

(C) The Director, National Program Chemicals Division, may, without further rulemaking, grant 

approval on a case-by-case basis for the use of alternative methods to reclassify transformers. 

You may request an approval by writing to the Director, National Program Chemicals Division 

(7404), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460. Describe the equipment you plan to reclassify, the alternative reclassification method you 

plan to use, and test data or other evidence on the effectiveness of the method.

(D) You must keep records of the reclassification required by §761.180(g).

(vi) Any dielectric fluid containing 50 ppm or greater PCB used for servicing transformers must 

be stored in accordance with the storage for disposal requirements of §761.65.

(vii) Processing and distribution in commerce of PCBs for purposes of servicing transformers is 

permitted only for persons who are granted an exemption under TSCA 6(e)(3)(B).

(b) Use in and servicing of railroad transformers. PCBs may be used in transformers in railroad 

locomotives or railroad self-propelled cars (“railroad transformers”) and may be processed and 

distributed in commerce for purposes of servicing these transformers in a manner other than a 

totally enclosed manner subject to the following conditions:
(1) Use restrictions. After July 1, 1986, use of railroad transformers that contain dielectric fluids 

with a PCB concentration >1,000 ppm is prohibited.

(2) Servicing restrictions. (i) If the coil is removed from the casing of a railroad transformer (e.g., 

the transformer is rebuilt), after January 1, 1982, the railroad transformer may not be refilled 

with dielectric fluid containing a PCB concentration greater than 50 ppm;

(ii) After January 1, 1984, railroad transformers may only be serviced with dielectric fluid 

containing less than 1000 ppm PCB, except as provided in paragraph (b)(2)(i) of this section;

(iii) Dielectric fluid may be filtered through activated carbon or otherwise industrially processed 

for the purpose of reducing the PCB concentration in the fluid;

(iv) Any PCB dielectric fluid that is used to service PCB railroad transformers must be stored in 

accordance with the storage for disposal requirements of §761.65;

(v) After July 1, 1979, processing and distribution in commerce of PCBs for purposes of 

servicing railroad transformers is permitted only for persons who are granted an exemption under 

TSCA section 6(e)(3)(B).

(vi) A PCB Transformer may be converted to a PCB-Contaminated Transformer or to a non-PCB 

Transformer by draining, refilling, and/or otherwise servicing the railroad transformer. In order 

to reclassify, the railroad transformer's dielectric fluid must contain less than 500 ppm (for 

conversion to PCB-Contaminated Transformer) or less than 50 ppm PCB (for conversion to a 

non-PCB Transformer) after a minimum of three months of inservice use subsequent to the last 

servicing conducted for the purpose of reducing the PCB concentration in the transformer.

(c) Use in mining equipment. After January 1, 1982, PCBs may be used in mining equipment 

only at a concentration level of <50 ppm.

(d) Use in heat transfer systems. After July 1, 1984, PCBs may be used in heat transfer systems 

only at a concentration level of < 50 ppm. Heat transfer systems that were in operation after July

1, 1984, with a concentration level of <50 ppm PCBs may be serviced to maintain a 

concentration level of <50 ppm PCBs. Heat transfer systems may only be serviced with fluids 

containing <50 ppm PCBs.

(e) Use in hydraulic systems. After July 1, 1984, PCBs may be used in hydraulic systems only at 

a concentration level of <50 ppm. Hydraulic systems that were in operation after July 1, 1984, 

with a concentration level of <50 ppm PCBs may be serviced to maintain a concentration level of 

<50 ppm PCBs. Hydraulic systems may only be serviced with fluids containing <50 ppm PCBs.

(f) Use in carbonless copy paper. Carbonless copy paper containing PCBs may be used in a 

manner other than a totally enclosed manner indefinitely.

(g) [Reserved]
(h) Use in and servicing of electromagnets, switches and voltage regulators. PCBs at any

concentration may be used in electromagnets, switches (including sectionalizers and motor 

starters), and voltage regulators and may be used for purposes of servicing this equipment 

(including rebuilding) for the remainder of their useful lives, subject to the following conditions:

(1) Use conditions. (i) After October 1, 1985, the use and storage for reuse of any electromagnet 

which poses an exposure risk to food or feed is prohibited if the electromagnet contains greater 

than 500 ppm PCBs.

(ii) Use and storage for reuse of voltage regulators which contain 1.36 kilograms (3 lbs) or more 

of dielectric fluid with a PCB concentration of 500 ppm are subject to the following provisions:

(A) The owner of the voltage regulator must mark its location in accordance with §761.40.

(B) If a voltage regulator is involved in a fire-related incident, the owner must immediately

report the incident to the National Response Center (Toll-free: 1–800–424–8802; in Washington, 

DC: 202–426–2675). A fire-related incident is defined as any incident that involves the 

generation of sufficient heat and/or pressure, by any source, to result in the violent or non-violent 

rupture of the voltage regulator and the release of PCBs.

(C) The owner of the voltage regulator must inspect it in accordance with the requirements of 

paragraphs (a)(1)(ix), (a)(1)(xiii), and (a)(1)(xiv) of this section that apply to PCB Transformers.

(D) The owner of the voltage regulator must comply with the recordkeeping and reporting 

requirements at §761.180.

(iii) The owner of a voltage regulator that assumes it contains <500 ppm PCBs as provided in 

§761.2, and discovers by testing that it is contaminated at 500 ppm PCBs, must comply with 

paragraph (h)(1)(ii)(A) of this section 7 days after the discovery, and paragraphs (h)(1)(ii)(B), 

(h)(1)(ii)(C), and (h)(1)(ii)(D) of this section immediately upon discovery.

(2) Servicing conditions. (i) Servicing (including rebuilding) any electromagnet, switch, or 

voltage regulator with a PCB concentration of 500 ppm or greater which requires the removal 

and rework of the internal components is prohibited.

(ii) Electromagnets, switches, and voltage regulators classified as PCB-Contaminated Electrical 

Equipment (as defined in the definition of “PCB-Contaminated Electrical Equipment” under 

§761.3) may be serviced (including rebuilding) only with dielectric fluid containing less than 500 

ppm PCB.

(iii) PCBs removed during any servicing activity must be captured and either reused as dielectric 

fluid or disposed of in accordance with the requirements of §761.60. PCBs from electromagnets 

switches, and voltage regulators with a PCB concentration of at least 500 ppm must not be mixed 

with or added to dielectric fluid from PCB-Contaminated Electrical Equipment.

(iv) Regardless of its PCB concentration, dielectric fluids containing less than 500 ppm PCB that 
are mixed with fluids that contain 500 ppm or greater PCB must not be used as dielectric fluid in 

any electrical equipment. The entire mixture of dielectric fluid must be considered to be greater 

than 500 ppm PCB and must be disposed of in an incinerator that meets the requirements of 

§761.70.

(v) You may reclassify an electromagnet, switch, or voltage regulator that has been tested and 

determined to have a concentration of 500 ppm PCBs to PCB-Contaminated status (50 but 

<500 ppm) or to non-PCB status (<50 ppm), and you may reclassify a PCB-Contaminated 

electromagnet, switch, or voltage regulator that has been tested and determined to have a 

concentration of 50 ppm but <500 ppm to a non-PCB status, as follows:

(A) Remove the free-flowing PCB dielectric fluid from the electromagnet, switch, or voltage 

regulator. Flushing is not required. Either test the fluid or assume it contains 1,000 ppm PCBs. 

Retrofill the electromagnet, switch, or voltage regulator with fluid containing known PCB levels 

according to the following table. Determine the electromagnet, switch, or voltage regulator's 

reclassified status according to the following table (if following this process does not result in the 

reclassified status you desire, you may repeat the process):

----------------------------------------------------------------------------------------------------------------

 then the

 If test results show the PCB and you retrofill and test results electromagnet,

 concentration (ppm) in the the equipment with show the PCB switch, or 

voltage

equipment prior to retrofill is dielectric fluid and you . . . concentration regulator's

 . . . containing . . . (ppm) after reclassified

 retrofill is . . . status is . . .

----------------------------------------------------------------------------------------------------------------

>=1,000 (or untested) <50 ppm PCBs operate the >=50 but <500 PCBcontaminated

 equipment

 electrically

under loaded

conditions for at

 least 90-

 continuous days

after retrofill,

then test the

 fluid for PCBs

 -------------------------------------------------------------------------------

 <50 ppm PCBs operate the <50 non-PCB

 equipment

electrically

under loaded

 conditions for at

 least 90-

continuous days
 after retrofill,

 then test the

 fluid for PCBs

----------------------------------------------------------------------------------------------------------------

>=500 but <1,000 <50 ppm PCBs test the fluid for >=50 but <500 PCBcontaminated

 PCBs at least 90

days after

 retrofill

 -------------------------------------------------------------------------------

 <50 ppm PCBs test the fluid for <50 non-PCB

 PCBs at least 90

 days after

retrofill

----------------------------------------------------------------------------------------------------------------

>=50 but <500 >=2 but <50 ppm test the fluid for <50 non-PCB

 PCBs PCBs at least 90

 days after

 retrofill

 -------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------

(B) If you discover that the PCB concentration of the fluid in a reclassified electromagnet, 

switch, or voltage regulator has changed, causing the reclassified status to change, the 

electromagnet, switch, or voltage regulator is regulated based on the actual concentration of the 

fluid. For example, an electromagnet, switch, or voltage regulator that was reclassified to nonPCB status is regulated as a PCB-Contaminated electromagnet, switch, or voltage regulator if 

you discover that the concentration of the fluid has increased to 50 but <500 ppm PCBs. If you 

discover that the PCB concentration of the fluid in a voltage regulator has risen to 500 ppm, 

follow paragraph (h)(1)(iii) of this section to come into compliance with the regulations 

applicable to voltage regulators containing 500 ppm PCBs. You also have the option of 

repeating the reclassification process.

(C) The Director, National Program Chemicals Division may, without further rulemaking, grant 

approval on a case-by-case basis for the use of alternative methods to reclassify electromagnets, 

switches or voltage regulators. You may request an approval by writing to the Director, National 

Program Chemicals Division (7404), Environmental Protection Agency,1200 Pennsylvania Ave., 

NW., Washington, DC 20460. Describe the equipment you plan to reclassify, the alternative 

reclassification method you plan to use, and test data or other evidence on the effectiveness of 

the method.

(D) You must keep records of the reclassification required by §761.180(g).

(vi) Any dielectric fluid containing 50 ppm or greater PCB used for servicing electromagnets, 
switches, or voltage regulators must be stored in accordance with the storage for disposal 

requirements of §761.65.

(vii) Processing and distribution in commerce of PCBs for purposes of servicing electromagnets, 

switches or voltage regulators is permitted only for persons who are granted an exemption under 

TSCA 6(e)(3)(B).

(i) Use and reuse of PCBs in natural gas pipeline systems; use and reuse of PCB-Contaminated 

natural gas pipe and appurtenances. (1)(i) PCBs are authorized for use in natural gas pipeline 

systems at concentrations <50 ppm.

(ii) PCBs are authorized for use, at concentrations 50 ppm, in natural gas pipeline systems not 

owned or operated by a seller or distributor of natural gas.

(iii)(A) PCBs are authorized for use, at concentrations 50 ppm, in natural gas pipeline systems 

owned or operated by a seller or distributor of natural gas, if the owner or operator:

(1) Submits to EPA, upon request, a written description of the general nature and location of 

PCBs 50 ppm in their natural gas pipeline system. Each written description shall be submitted 

to the EPA Regional Administrator having jurisdiction over the segment or component of the 

system (or the Director, National Program Chemicals Division, Office of Prevention, Pesticides, 

and Toxic Substances, if the system is contaminated in more than one region).

(2) Within 120 days after discovery of PCBs 50 ppm in natural gas pipeline systems, or by 

December 28, 1998, whichever is later, characterizes the extent of PCB contamination by

collecting and analyzing samples to identify the upstream and downstream end points of the 

segment or component where PCBs 50 ppm were discovered.

(3) Within 120 days of characterization of the extent of PCB contamination, or by December 28, 

1998, whichever is later, samples and analyzes all potential sources of introduction of PCBs into 

the natural gas pipeline system for PCBs 50 ppm. Potential sources include natural gas

compressors, natural gas scrubbers, natural gas filters, and interconnects where natural gas is 

received upstream from the most downstream sampling point where PCBs 50 ppm were 

detected; potential sources exclude valves, drips, or other small liquid condensate collection 

points.

(4) Within 1 year of characterization of the extent of PCB contamination, reduces all 

demonstrated sources of PCBs 50 ppm to <50 ppm, or removes such sources from the natural 

gas pipeline system; or implements other engineering measures or methods to reduce PCB levels 

to <50 ppm and to prevent further introduction of PCBs 50 ppm into the natural gas pipeline 

system (e.g., pigging, decontamination, in-line filtration).

(5) Repeats sampling and analysis at least annually where PCBs are 50 ppm, until sampling 

results indicate the natural gas pipeline segment or component is <50 ppm PCB in two 

successive samples with a minimum interval between samples of 180 days.

(6) Marks aboveground sources of PCB liquids in natural gas pipeline systems with the ML
Mark in accordance with §761.45(a), where such sources have been demonstrated through 

historical data or recent sampling to contain PCBs 50 ppm.

(B) Owners or operators of natural gas pipeline systems which do not include potential sources 

of PCB contamination as described in paragraph (i)(1)(iii)(A)(3) of this section containing 50 

ppm PCB are not subject to paragraphs (i)(1)(iii)(A)(2), (i)(1)(iii)(A)(3), (i)(1)(iii)(A)(4), or 

(i)(1)(iii)(A)(6) of this section. Owners or operators of these systems, however, must comply

with the other provisions of this section (e.g., sampling of any collected PCB liquids and 

recordkeeping).

(C) The owner or operator of a natural gas pipeline system must document in writing all data 

collected and actions taken, or not taken, pursuant to the authorization in paragraph (i)(1)(iii)(A) 

of this section. They must maintain the information for 3 years after the PCB concentration in the 

component or segment is reduced to <50 ppm, and make it available to EPA upon request.

(D) The Director, National Program Chemicals Division, after consulting with the appropriate 

EPA Region(s) may, based on a finding of no unreasonable risk, modify in writing the 

requirements of paragraph (i)(1)(iii)(A) of this section, including extending any compliance date, 

approving alternative formats for documentation, waiving one or more requirements for a 

segment or component, requiring sampling and analysis, and requiring implementation of 

engineering measures to reduce PCB concentrations. EPA will make such modifications based 

on the natural gas pipeline system size, configuration, and current operating conditions; nature, 

extent or source of contamination; proximity of contamination to end-users; or previous 

sampling, monitoring, remedial actions or documentation of activities taken regarding 

compliance with this authorization or other applicable Federal, State, or local laws and 

regulations. The Director, National Program Chemicals Division, may defer the authority 

described in this paragraph, upon request, to the appropriate EPA Region.

(E) The owner or operator of a natural gas pipeline system may use historical data to fulfill the 

requirements of paragraphs (i)(1)(iii)(A)(1), (i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of this section. 

They may use documented historical actions taken to reduce PCB concentrations in known 

sources; decontaminate components or segments of natural gas pipeline systems; or otherwise to 

reduce PCB levels to fulfill the requirements of paragraph (i)(1)(iii)(A)(4) of this section.

(2) Any person may reuse PCB-Contaminated natural gas pipe and appurtenances in a natural 

gas pipeline system, provided all free-flowing liquids have been removed.

(3) Any person may use PCB-Contaminated natural gas pipe, drained of all free-flowing liquids, 

in the transport of liquids (e.g., bulk hydrocarbons, chemicals, petroleum products, or coal 

slurry), as casing to provide secondary containment or protection (e.g., protection for electrical 

cable), as industrial structural material (e.g., fence posts, sign posts, or bridge supports), as 

temporary flume at construction sites, as equipment skids, as culverts under transportation 

systems in intermittent flow situations, for sewage service with written consent of the Publicly

Owned Treatment Works (POTW), for steam service, as irrigation systems (<20 inch diameter) 

of less than 200 miles in length, and in a totally enclosed compressed air system.

(4) Any person characterizing PCB contamination in natural gas pipe or natural gas pipeline 
systems must do so by analyzing organic liquids collected at existing condensate collection 

points in the pipe or pipeline system. The level of PCB contamination found at a collection point 

is assumed to extend to the next collection point downstream. Any person characterizing multiphasic liquids must do so in accordance with §761.1(b)(4); if no liquids are present, they must 

use standard wipe samples in accordance with subpart M of this part.

(5)(i) Any person disposing of liquids containing PCBs 50 ppm removed, spilled, or otherwise 

released from a natural gas pipeline system must do so in accordance with §761.61(a)(5)(iv) 

based on the PCB concentration at the time of removal from the system. Any person disposing of 

materials contaminated by spills or other releases of PCBs 50 ppm from a natural gas pipeline 

systems, must do so in accordance with §§761.61 or 761.79, as applicable.

(ii) Any person who markets or burns for energy recovery liquids containing PCBs at 

concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline system must do 

so in accordance with the provisions pertaining to used oil at §761.20(e). No other use of liquid 

containing PCBs at concentrations above the quantifiable level/level of detection removed from a 

natural gas pipeline system is authorized.

(j) Research and development. For purposes of this section, authorized research and development 

(R&D) activities include, but are not limited to: the chemical analysis of PCBs, including 

analyses to determine PCB concentration; determinations of the physical properties of PCBs; 

studies of environmental transport processes; studies of biochemical transport processes; studies 

of effects of PCBs on the environment; and studies of the health effects of PCBs, including direct 

toxicity and toxicity of metabolic products of PCBs. Authorized R&D activities do not include 

research, development, or analysis for the development of any PCB product. Any person 

conducting R&D activities under this section is also responsible for determining and complying 

with all other applicable Federal, State, and local laws and regulations. Although the use of PCBs 

and PCBs in analytical reference samples derived from waste material is authorized in 

conjunction with PCB-disposal related activities, R&D for PCB disposal (as defined under 

§761.3) is addressed in §761.60(j). PCBs and PCBs in analytical reference samples derived from 

waste materials are authorized for use, in a manner other than a totally enclosed manner, 

provided that:

(1) They obtain the PCBs and PCBs in analytical reference samples derived from waste materials 

from sources authorized under §761.80 to manufacture, process, and distribute PCBs in 

commerce and the PCBs are packaged in compliance with the Hazardous Materials Regulations 

at 49 CFR parts 171 through 180.

(2) They store all PCB wastes resulting from R&D activities (e.g., spent laboratory samples, 

residuals, contaminated media such as clothing, etc.) in compliance with §761.65(b) and dispose 

of all PCB wastes in compliance with §761.64.

(3) [Reserved]

(4) No person may manufacture, process, or distribute in commerce PCBs for research and 

development unless they have been granted an exemption to do so under TSCA section 
6(e)(3)(B).

(k) Use in scientific instruments. PCBs may be used indefinitely in scientific instruments, for 

example, in oscillatory flow birefringence and viscoelasticity instruments for the study of the 

physical properties of polymers, as microscopy mounting fluids, as microscopy immersion oil, 

and as optical liquids in a manner other than a totally enclosed manner. No person may

manufacture, process, or distribute in commerce PCBs for use in scientific instruments unless 

they have been granted an exemption to do so under TSCA section 6(e)(3)(B).

(l) Use in capacitors. PCBs at any concentration may be used in capacitors, subject to the 

following conditions:

(1) Use conditions. (i) After October 1, 1988, the use and storage for reuse of PCB Large High 

Voltage Capacitors and PCB Large Low Voltage Capacitors which pose an exposure risk to food 

or feed is prohibited.

(ii) After October 1, 1988, the use of PCB Large High Voltage Capacitors and PCB Large Low 

Voltage Capacitors is prohibited unless the capacitor is used within a restricted-access electrical 

substation or in a contained and restricted-access indoor installation. A restricted-access 

electrical substation is an outdoor, fenced or walled-in facility that restricts public access and is 

used in the transmission or distribution of electric power. A contained and restricted-access 

indoor installation does not have public access and has an adequate roof, walls, and floor to 

contain any release of PCBs within the indoor location.

(2) [Reserved]

(m) Use in and servicing of circuit breakers, reclosers and cable. PCBs at any concentration may

be used in circuit breakers, reclosers, and cable and may be used for purposes of servicing this 

electrical equipment (including rebuilding) for the remainder of their useful lives, subject to the 

following conditions:

(1) Servicing conditions. (i) Circuit breakers, reclosers, and cable may be serviced (including 

rebuilding) only with dielectric fluid containing less than 50 ppm PCB.

(ii) Any circuit breaker, recloser or cable found to contain at least 50 ppm PCBs may be serviced 

only in accordance with the conditions contained in 40 CFR 761.30(h)(2).

(2) [Reserved]

(n)–(o) [Reserved]

(p) Continued use of porous surfaces contaminated with PCBs regulated for disposal by spills of 

liquid PCBs. (1) Any person may use porous surfaces contaminated by spills of liquid PCBs at 

concentrations >10 g/100 cm 2 for the remainder of the useful life of the surfaces and 

subsurface material if the following conditions are met:
(i) The source of PCB contamination is removed or contained to prevent further release to porous 

surfaces.

(ii) If the porous surface is accessible to superficial surface cleaning:

(A) The double wash rinse procedure in subpart S of this part is conducted on the surface to 

remove surface PCBs.

(B) The treated surface is allowed to dry for 24 hours.

(iii) After accessible surfaces have been cleaned according to paragraph (p)(1)(ii) of this section 

and for all surfaces inaccessible to cleanup:

(A) The surface is completely covered to prevent release of PCBs with:

(1) Two solvent resistant and water repellent coatings of contrasting colors to allow for a visual 

indication of wear through or loss of outer coating integrity; or

(2) A solid barrier fastened to the surface and covering the contaminated area or all accessible 

parts of the contaminated area. Examples of inaccessible areas are underneath a floor-mounted 

electrical transformer and in an impassible space between an electrical transformer and a vault 

wall.

(B) The surface is marked with the ML Mark in a location easily visible to individuals present in 

the area; the ML Mark shall be placed over the encapsulated area or the barrier to the 

encapsulated area.

(C) ML Marks shall be replaced when worn or illegible.

(2) Removal of a porous surface contaminated with PCBs from its location or current use is 

prohibited except for removal for disposal in accordance with §§761.61 or 761.79 for surfaces 

contaminated by spills, or §761.62 for manufactured porous surfaces.

(q) [Reserved]

(r) Use in and servicing of rectifiers. Any person may use PCBs at any concentration in rectifiers 

for the remainder of the PCBs’ useful life, and may use PCBs <50 ppm in servicing (including 

rebuilding) rectifiers.

(s) Use of PCBs in air compressor systems. (1) Any person may use PCBs in air compressor 

systems at concentrations <50 ppm.

(2) Any person may use PCBs in air compressor systems (or components thereof) at 

concentrations 50 ppm provided that:

(i) All free-flowing liquids containing PCBs 50 ppm are removed from the air compressor 
crankcase and the crankcase is refilled with non-PCB liquid.

(ii) Other air compressor system components contaminated with PCBs 50 ppm, are 

decontaminated in accordance with §761.79 or disposed of in accordance with subpart D of this 

part.

(iii) Air compressor piping with a nominal inside diameter of <2 inches is decontaminated by 

continuous flushing for 4 hours, at no <300 gallons per hour (§761.79 contains solvent 

requirements).

(3) The requirements in paragraph (s)(2) of this section must be completed by August 30, 1999 

or within 1 year of the date of discovery of PCBs at 50 ppm in the air compressor system, 

whichever is later. The EPA Regional Administrator for the EPA Region in which an air 

compressor system is located may, at his/her discretion and in writing, extend this timeframe.

(t) Use of PCBs in other gas or liquid transmission systems. (1) PCBs are authorized for use in 

intact and non-leaking gas or liquid transmission systems at concentrations <50 ppm PCBs.

(2) PCBs are authorized for use at concentrations 50 ppm in intact and non-leaking gas or liquid 

transmission systems not owned or operated by a seller or distributor of the gas or liquid 

transmitted in the system.

(3) Any person may use PCBs at concentrations 50 ppm in intact and non-leaking gas or liquid 

transmission systems, with the written approval of the Director, National Program Chemicals 

Division, subject to the requirements applicable to natural gas pipeline systems at paragraphs 

(i)(1)(iii)(A), (i)(1)(iii)(C) through (i)(1)(iii)(E), and (i)(2) through (i)(5) of this section.

(u) Use of decontaminated materials. (1) Any person may use equipment, structures, other nonliquid or liquid materials that were contaminated with PCBs during manufacture, use, servicing, 

or because of spills from, or proximity to, PCBs 50 ppm, including those not otherwise 

authorized for use under this part, provided:

(i) The materials were decontaminated in accordance with:

(A) A TSCA PCB disposal approval issued under subpart D of this part;

(B) Section 761.79; or

(C) Applicable EPA PCB spill cleanup policies (e.g., TSCA, RCRA, CERCLA, EPA regional) in 

effect at the time of the decontamination; or

(ii) If not previously decontaminated, the materials now meet an applicable decontamination 

standard in §761.79(b).

(2) No person shall use or reuse materials decontaminated in accordance with paragraph (u)(1)(i) 

of this section or meeting an applicable decontamination standard in paragraph (u)(1)(ii) of this 
section, in direct contact with food, feed, or drinking water unless otherwise allowed under this 

section or this part.

(3) Any person may use water containing PCBs at concentrations 0.5g/L PCBs without 

restriction.

(4) Any person may use water containing PCBs at concentrations <200 g/L (i.e., < 200 ppb 

PCBs) for non-contact use in a closed system where there are no releases (e.g., as a non-contact 

cooling water).

(Sec. 6, Pub. L. 94–469, 90 Stat. 2020, 2025 (15 U.S.C. 2605)

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

§ 761.35 Storage for reuse.

(a) The owner or operator of a PCB Article may store it for reuse in an area which is not 

designed, constructed, and operated in compliance with §761.65(b), for no more than 5 years 

after the date the Article was originally removed from use (e.g., disconnected electrical 

equipment) or 5 years after August 28, 1998, whichever is later, if the owner or operator 

complies with the following conditions:

(1) Follows all use requirements at §761.30 and marking requirements at subpart C of this part 

that are applicable to the PCB Article.

(2) Maintains records starting at the time the PCB Article is removed from use or August 28, 

1998. The records must indicate:

(i) The date the PCB Article was removed from use or August 28, 1998, if the removal date is 

not known.

(ii) The projected location and the future use of the PCB Article.

(iii) If applicable, the date the PCB Article is scheduled for repair or servicing.

(b) The owner or operator of a PCB Article may store it for reuse in an area that does not comply

with §761.65(b) for a period longer than 5 years, provided that the owner or operator has 

received written approval from the EPA Regional Administrator for the Region in which the 

PCB Article is stored. An owner or operator of a PCB Article seeking approval to extend the 5–

year period must submit a request for extension to the EPA Regional Administrator at least 6 

months before the 5-year storage for reuse period expires and must include an item-by-item 

justification for the desired extension. The EPA Regional Administrator may include any

conditions to such approval deemed necessary to protect health or the environment. The owner 

or operator of the PCB Article being stored for reuse must comply with the other applicable 

provisions of this part, including the record retention requirements at §761.180(a).
(c) Any person may store a PCB Article for reuse indefinitely in:

(1) A unit in compliance with §761.65(b).

(2) A unit permitted under section 3004 of RCRA to manage hazardous wastes in containers.

(3) A unit permitted by a State authorized under section 3006 of RCRA to manage hazardous 

waste.

[63 FR 35443, June 29, 1998]

Subpart C—Marking of PCBs and PCB Items

§ 761.40 Marking requirements.

(a) Each of the following items in existence on or after July 1, 1978 shall be marked as illustrated 

in Figure 1 in §761.45(a): The mark illustrated in Figure 1 is referred to as ML throughout this 

subpart.

(1) PCB Containers;

(2) PCB Transformers at the time of manufacture, at the time of distribution in commerce if not 

already marked, and at the time of removal from use if not already marked. [Marking of PCBContaminated Electrical Equipment is not required];

(3) PCB Large High Voltage Capacitors at the time of manufacture, at the time of distribution in 

commerce if not already marked, and at the time of removal from use if not already marked;

(4) Equipment containing a PCB Transformer or a PCB Large High Voltage Capacitor at the 

time of manufacture, at the time of distribution in commerce if not already marked, and at the 

time of removal of the equipment from use if not already marked;

(5) PCB Large Low Voltage Capacitors at the time of removal from use (see also paragraph (k) 

of this section).

(6) Electric motors using PCB coolants (See also paragraph (e) of this section).

(7) Hydraulic systems using PCB hydraulic fluid (See also paragraph (e) of this section);

(8) Heat transfer systems (other than PCB Transformers) using PCBs (See also paragraph (e) of 

this section);

(9) PCB Article Containers containing articles or equipment that must be marked under 

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

(10) Each storage area used to store PCBs and PCB Items for disposal.
(b) As of October 1, 1978, each transport vehicle loaded with PCB Containers that contain more 

than 45 kg (99.4 lbs.) of liquid PCBs at concentrations of 50 ppm or with one or more PCB 

Transformers shall be marked on each end and each side with the ML mark as described in 

§761.45(a).

(c) As of January 1, 1979, the following PCB Articles shall be marked with mark ML as 

described in §761.45(a):

(1) All PCB Transformers not marked under paragraph (a) of this section [marking of PCBContaminated Electrical Equipment is not required];

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

(i) Will be marked individually with mark ML, or

(ii) If one or more PCB Large High Voltage Capacitors are installed in a protected location such 

as on a power pole, or structure, or behind a fence; the pole, structure, or fence shall be marked 

with mark ML, and a record or procedure identifying the PCB Capacitors shall be maintained by

the owner or operator at the protected location.

(d) As of January 1, 1979, all PCB Equipment containing a PCB Small Capacitor shall be 

marked at the time of manufacture with the statement, “This equipment contains PCB 

Capacitor(s)”. The mark shall be of the same size as the mark ML.

(e) As of October 1, 1979, applicable PCB Items in paragraphs (a)(1), (a)(6), (a)(7), and (a)(8) of 

this section containing PCBs in concentrations of 50 to 500 ppm shall be marked with the ML 

mark as described in §761.45(a).

(f) Where mark ML is specified but the PCB Article or PCB Equipment is too small to 

accomodate the smallest permissible size of mark ML, mark MS as described in §761.45(b), may

be used instead of mark ML.

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

circuits, and each fluorescent light ballast manufactured (“manufactured”, for purposes of this 

sentence, means built) between July 1, 1978 and July 1, 1998 that do not contain PCBs shall be 

marked by the manufacturer at the time of manufacture with the statement, “No PCBs”. The 

mark shall be of similar durability and readability as other marking that indicate electrical 

information, part numbers, or the manufacturer's name. For purposes of this paragraph marking 

requirement only is applicable to items built domestically or abroad after June 30, 1978.

(h) All marks required by this subpart must be placed in a position on the exterior of the PCB 

Items, storage units, or transport vehicles so that the marks can be easily read by any persons 

inspecting or servicing the marked PCB Items, storage units, or transport vehicles.

(i) Any chemical substance or mixture that is manufactured after the effective date of this rule 
and that contains less than 500 ppm PCB (0.05% on a dry weight basis), including PCB that is a 

byproduct or impurity, must be marked in accordance with any requirements contained in the 

exemption granted by EPA to permit such manufacture and is not subject to any other 

requirement in this subpart unless so specified in the exemption. This paragraph applies only to 

containers of chemical substances or mixtures. PCB articles and equipment into which the 

chemical substances or mixtures are processed, are subject to the marking requirements 

contained elsewhere in this subpart.

(j) PCB Transformer locations shall be marked as follows:

(1) Except as provided in paragraph (j)(2) of this section, as of December 1, 1985, the vault door, 

machinery room door, fence, hallway, or means of access, other than grates and manhole covers, 

to a PCB Transformer must be marked with the mark ML as required by paragraph (a) of this 

section.

(2) A mark other than the ML mark may be used provided all of the following conditions are 

met:

(i) The program using such an alternative mark was initiated prior to August 15, 1985, and can 

be substantiated with documentation.

(ii) Prior to August 15, 1985, coordination between the transformer owner and the primary fire 

department occurred, and the primary fire department knows, accepts, and recognizes what the 

alternative mark means, and that this can be substantiated with documentation.

(iii) The EPA Regional Administrator in the appropriate region is informed in writing of the use 

of the alternative mark by October 3, 1988 and is provided with documentation that the program 

began before August 15, 1985, and documentation that demonstrates that prior to that date the 

primary fire department knew, accepted and recognized the meaning of the mark, and included 

this information in firefighting training.

(iv) The Regional Administrator will either approve or disapprove in writing the use of an 

alternative mark within 30 days of receipt of the documentation of a program.

(3) Any mark placed in accordance with the requirements of this section must be placed in the 

locations described in paragraph (j)(1) of this section and in a manner that can be easily read by

emergency response personnel fighting a fire involving this equipment.

(k) As of April 26, 1999 the following PCB Items shall be marked with the ML mark as 

described in §761.45(a):

(1) All PCB Large Low Voltage Capacitors not marked under paragraph (a) of this section shall 

be marked individually, or if one or more PCB Large Low Voltage Capacitors are installed in a 

protected location such as on a power pole, or structure, or behind a fence, then the owner or 

operator shall mark the pole, structure, or fence with the ML mark, and maintain a record or 

procedure identifying the PCB Capacitors at the protected location. PCB Large Low Voltage 
Capacitors in inaccessible locations inside equipment need not be marked individually, provided 

the owner or operator marks the equipment in accordance with paragraph (k)(2) of this section, 

and marks the individual capacitors at the time of removal from use in accordance with 

paragraph (a) of this section.

(2) All equipment not marked under paragraph (a) of this section containing a PCB Transformer 

or a PCB Large High or Low Voltage Capacitor.

(l)(1) All voltage regulators which contain 1.36 kilograms (3 lbs.) or more of dielectric fluid with 

a PCB concentration of 500 ppm must be marked individually with the ML mark as described 

in §761.45(a).

(2) Locations of voltage regulators which contain 1.36 kilograms (3 lbs.) or more of dielectric 

fluid with a PCB concentration of 500 ppm shall be marked as follows: The vault door, 

machinery room door, fence, hallway, or means of access, other than grates or manhole covers, 

must be marked with the ML mark as described in §761.45(a).

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

FR 37359, Aug. 25, 1982; 50 FR 29201, July 17, 1985; 50 FR 32176, Aug. 9, 1985; 53 FR 

12524, Apr. 15, 1988; 53 FR 27329, July 19, 1988; 63 FR 35443, June 29, 1998; 64 FR 33760, 

June 24, 1999]

§ 761.45 Marking formats.

The following formats shall be used for marking:

(a) Large PCB Mark—ML. Mark ML shall be as shown in Figure 1, letters and striping on a 

white or yellow background and shall be sufficiently durable to equal or exceed the life 

(including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The size 

of the mark shall be at least 15.25 cm (6 inches) on each side. If the PCB Article or PCB 

Equipment is too small to accommodate this size, the mark may be reduced in size 

proportionately down to a minimum of 5 cm (2 inches) on each side.

(b) Small PCB Mark—Ms. Mark Ms shall be as shown in Figure 2, letters and striping on a 

white or yellow background, and shall be sufficiently durable to equal or exceed the life 

(including storage for disposal) of the PCB Article, PCB Equipment, or PCB Container. The 

mark shall be a rectangle 2.5 by 5 cm (1 inch by 2 inches). If the PCB Article or PCB Equipment 

is too small to accommodate this size, the mark may be reduced in size proportionately down to a 

minimum of 1 by 2 cm (.4 by .8 inches).

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

Subpart D—Storage and Disposal

§ 761.50 Applicability.

(a) General PCB disposal requirements. Any person storing or disposing of PCB waste must do 
so in accordance with subpart D of this part. The following prohibitions and conditions apply to 

all PCB waste storage and disposal:

(1) No person may open burn PCBs. Combustion of PCBs approved under §761.60 (a) or (e), or 

otherwise allowed under part 761, is not open burning.

(2) No person may process liquid PCBs into non-liquid forms to circumvent the high temperature 

incineration requirements of §761.60(a).

(3) No person may discharge water containing PCBs to a treatment works (as defined §503.9(aa) 

of this chapter) or to navigable waters unless the PCB concentration is <3 g/L (approximately 3 

ppb), or unless the discharge is in accordance with a PCB discharge limit included in a permit 

issued under section 307(b) or 402 of the Clean Water Act.

(4) Spills and other uncontrolled discharges of PCBs at concentrations of 50 ppm constitute the 

disposal of PCBs.

(5) Any person land disposing of non-liquid PCBs may avoid otherwise-applicable sampling 

requirements by presuming that the PCBs disposed of are 500 ppm (or 100 g/100 cm2 if no 

free-flowing liquids are present).

(6) Any person storing or disposing of PCBs is also responsible for determining and complying 

with all other applicable Federal, State, and local laws and regulations.

(b) PCB waste. (1) PCB liquids. Any person removing PCB liquids from use (i.e., not PCB 

remediation waste) must dispose of them in accordance with §761.60(a), or decontaminate them 

in accordance with §761.79.

(2) PCB Items. Any person removing from use a PCB Item containing an intact and non-leaking 

PCB Article must dispose of it in accordance with §761.60(b), or decontaminate it in accordance 

with §761.79. PCB Items where the PCB Articles are no longer intact and non-leaking are 

regulated for disposal as PCB bulk product waste under §761.62(a) or (c).

(i) Fluorescent light ballasts containing PCBs only in an intact and non-leaking PCB Small 

Capacitor are regulated for disposal under §761.60(b)(2)(ii).

(ii) Fluorescent light ballasts containing PCBs in the potting material are regulated for disposal 

as PCB bulk product waste under §761.62.

(3) PCB remediation waste. PCB remediation waste, including PCB sewage sludge, is regulated 

for cleanup and disposal in accordance with §761.61.

(i) Any person responsible for PCB waste at as-found concentrations 50 ppm that was either 

placed in a land disposal facility, spilled, or otherwise released into the environment prior to 

April 18, 1978, regardless of the concentration of the spill or release; or placed in a land disposal 

facility, spilled, or otherwise released into the environment on or after April 18, 1978, but prior 
to July 2, 1979, where the concentration of the spill or release was 50 ppm but < 500 ppm, must 

dispose of the waste as follows:

(A) Sites containing these wastes are presumed not to present an unreasonable risk of injury to 

health or the environment from exposure to PCBs at the site. However, the EPA Regional 

Administrator may inform the owner or operator of the site that there is reason to believe that 

spills, leaks, or other uncontrolled releases or discharges, such as leaching, from the site 

constitute ongoing disposal that may present an unreasonable risk of injury to health or the 

environment from exposure to PCBs at the site, and may require the owner or operator to 

generate data necessary to characterize the risk. If after reviewing any such data, the EPA 

Regional Administrator makes a finding, that an unreasonable risk exists, then he or she may 

direct the owner or operator of the site to dispose of the PCB remediation waste in accordance 

with §761.61 such that an unreasonable risk of injury no longer exists.

(B) Unless directed by the EPA Regional Administrator to dispose of PCB waste in accordance 

with paragraph (b)(3)(i)(A) of this section, any person responsible for PCB waste at as-found 

concentrations 50 ppm that was either placed in a land disposal facility, spilled, or otherwise 

released into the environment prior to April 18, 1978, regardless of the concentration of the spill 

or release; or placed in a land disposal facility, spilled, or otherwise released into the 

environment on or after April 18, 1978, but prior to July 2, 1979, where the concentration of the 

spill or release was 50 ppm but < 500 ppm, who unilaterally decides to dispose of that waste 

(for example, to obtain insurance or to sell the property), is not required to clean up in 

accordance with §761.61. Disposal of the PCB remediation waste must comply with §761.61. 

However, cleanup of those wastes that is not in complete compliance with §761.61 will not 

afford the responsible party with relief from the applicable PCB regulations for that waste.

(ii) Any person responsible for PCB waste at as-found concentrations 50 ppm that was either 

placed in a land disposal facility, spilled, or otherwise released into the environment on or after 

April 18, 1978, but prior to July 2, 1979, where the concentration of the spill or release was 500 

ppm; or placed in a land disposal facility, spilled, or otherwise released into the environment on 

or after July 2, 1979, where the concentration of the spill or release was 50 ppm, must dispose 

of it in accordance with either of the following:

(A) In accordance with the PCB Spill Cleanup Policy (Policy) at subpart G of this part, for those 

PCB remediation wastes that meet the criteria of the Policy. Consult the Policy for a description 

of the spills it covers and its notification and timing requirements.

(B) In accordance with §761.61. Complete compliance with §761.61 does not create a 

presumption against enforcement action for penalties for any unauthorized PCB disposal.

(iii) The owner or operator of a site containing PCB remediation waste has the burden of proving 

the date that the waste was placed in a land disposal facility, spilled, or otherwise released into 

the environment, and the concentration of the original spill.

(4) PCB bulk product waste—(i) General. Any person disposing of PCB bulk product waste 

must do so in accordance with §761.62. PCB bulk product waste, as that term is defined in 

§761.3, is waste that was 50 ppm when originally removed from service, even if its current 
PCB concentration is <50 ppm. PCB bulk product waste is regulated for disposal based on the 

risk from the waste once disposed of. For waste which is land disposed, the waste is regulated 

based on how readily the waste is released from disposal to the environment, in particular by 

leaching out from the land disposal unit.

(ii) Metal surfaces in contact with PCBs. Any person disposing of metal surfaces in contact with 

PCBs (e.g., painted metal) may use thermal decontamination procedures in accordance with 

§761.79(c)(6) (see §761.62(a)(6)).

(5) PCB household waste. Any person storing or disposing of PCB household waste, as that term 

is defined in §761.3, must do so in accordance with §761.63.

(6) PCB research and development waste. Any person disposing of PCB wastes generated during 

and as a result of research and development for use under §761.30(j), or for disposal under 

§761.60(j), must do so in accordance with §761.64.

(7) PCB/Radioactive waste. (i) Any person storing PCB/radioactive waste 50 ppm PCBs must 

do so taking into account both its PCB concentration and its radioactive properties, except as 

provided in §761.65(a)(1), (b)(1)(ii), and (c)(6)(i).

(ii) Any person disposing of PCB/radioactive waste must do so taking into account both its PCB 

concentration and its radioactive properties. If, taking into account only the properties of the 

PCBs in the waste (and not the radioactive properties of the waste), the waste meets the 

requirements for disposal in a facility permitted, licensed, or registered by a State as a municipal 

or non-municipal non-hazardous waste landfill (e.g., PCB bulk product waste under 

§761.62(b)(1)), then the person may dispose of the PCB/radioactive waste, without regard to the 

PCB component of the waste, on the basis of its radioactive properties in accordance with all 

applicable requirements for the radioactive component of the waste.

(8) Porous surfaces. In most cases a person must dispose of porous surfaces as materials where 

PCBs have penetrated far beneath the surface, rather than a simple surface contamination. Any

person disposing of porous surfaces on which PCBs have been spilled and meeting the definition 

of PCB remediation waste at §761.3 must do so in accordance with §761.61. Any person 

disposing of porous surfaces which are part of manufactured non-liquid products containing 

PCBs and meeting the definition of PCB bulk product waste at §761.3 must do so in accordance 

with §761.62. Any person may decontaminate concrete surfaces upon which PCBs have been 

spilled in accordance with §761.79(b)(4), if the decontamination procedure is commenced within 

72 hours of the initial spill of PCBs to the concrete or portion thereof being decontaminated. Any 

person may decontaminate porous non-liquid PCBs in contact with non-porous surfaces, such as 

underground metal fuel tanks coated with fire retardant resin or pitch, for purposes of

unrestricted use or disposal in a smelter in accordance with §761.79(b)(3).

(c) Storage for disposal. Any person who holds PCB waste must store it in accordance with 

§761.65.

(d) Performance specifications for disposal technologies—(1) Incinerators. Any person using an 
incinerator to dispose of PCBs must use an incinerator that meets the criteria set forth in §761.70.

(2) High efficiency boilers. Any person using a high efficiency boiler to dispose of PCBs must 

use a boiler that meets the criteria set forth in §761.71.

(3) Scrap metal recovery ovens and smelters. Any person using scrap metal recovery ovens and 

smelters to dispose of PCBs must use a device that meets the criteria set forth in §761.72.

(4) Chemical waste landfills. Any person using a chemical waste landfill to dispose of PCBs 

must use a chemical waste landfill that meets the criteria set forth in §761.75.

(e) TSCA PCB Coordinated Approval. Any person seeking a TSCA PCB Coordinated Approval 

must follow the procedures set forth in §761.77.

[63 FR 35444, June 29, 1998, as amended at 64 FR 33760, June 24, 1999]

§ 761.60 Disposal requirements.

(a) PCB liquids. PCB liquids at concentrations 50 ppm must be disposed of in an incinerator 

which complies with §761.70, except that PCB liquids at concentrations 50 ppm and <500 ppm 

may be disposed of as follows:

(1) For mineral oil dielectric fluid, in a high efficiency boiler according to §761.71(a).

(2) For liquids other than mineral oil dielectric fluid, in a high efficiency boiler according to 

§761.71(b).

(3) For liquids from incidental sources, such as precipitation, condensation, leachate or load 

separation and are associated with PCB Articles or non-liquid PCB wastes, in a chemical waste 

landfill which complies with §761.75 if:

(i) [Reserved]

(ii) Information is provided to or obtained by the owner or operator of the chemical waste landfill 

that shows that the liquids do not exceed 500 ppm PCB and are not an ignitable waste as 

described in §761.75(b)(8)(iii).

(b) PCB Articles. This paragraph does not authorize disposal that is otherwise prohibited in 

§761.20 or elsewhere in this part.

(1) Transformers. (i) PCB Transformers shall be disposed of in accordance with either of the 

following:

(A) In an incinerator that complies with §761.70; or

(B) In a chemical waste landfill approved under §761.75; provided that all free-flowing liquid is 

removed from the transformer, the transformer is filled with a solvent, the transformer is allowed 
to stand for at least 18 continuous hours, and then the solvent is thoroughly removed. Any person 

disposing of PCB liquids that are removed from the transformer (including the dielectric fluid 

and all solvents used as a flush), shall do so in an incinerator that complies with §761.70 of this 

part, or shall decontaminate them in accordance with §761.79. Solvents may include kerosene, 

xylene, toluene, and other solvents in which PCBs are readily soluble. Any person disposing of 

these PCB liquids must ensure that the solvent flushing procedure is conducted in accordance 

with applicable safety and health standards as required by Federal or State regulations.

(ii) [Reserved]

(2) PCB Capacitors. (i) The disposal of any capacitor shall comply with all requirements of this 

subpart unless it is known from label or nameplate information, manufacturer's literature 

(including documented communications with the manufacturer), or chemical analysis that the 

capacitor does not contain PCBs.

(ii) Any person may dispose of PCB Small Capacitors as municipal solid waste, unless that 

person is subject to the requirements of paragraph (b)(2)(iv) of this section.

(iii) Any PCB Large High or Low Voltage Capacitor which contains 500 ppm or greater PCBs, 

owned by any person, shall be disposed of in accordance with either of the following:

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

(B) Until March 1, 1981, disposal in a chemical waste landfill that complies with §761.75.

(iv) Any person who manufactures or at any time manufactured PCB Capacitors or PCB 

Equipment, and acquired the PCB Capacitor in the course of such manufacturing, shall place the 

PCB Small Capacitors in a container meeting the DOT packaging requirements at 49 CFR parts 

171 through 180 and dispose of them in accordance with either of the following:

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

(B) Until March 1, 1981, disposal in a chemical waste landfill which complies with §761.75.

(v) Notwithstanding the restrictions imposed by paragraph (b)(2)(iii)(B) or (b)(2)(iv)(B) of this

section, PCB capacitors may be disposed of in PCB chemical waste landfills that comply with 

§761.75 subsequent to March 1, 1981, if the Assistant Administrator for Prevention, Pesticides 

and Toxic Substances publishes a notice in the Federal Register declaring that those landfills are 

available for such disposal and explaining the reasons for the extension or reopening. An 

extension or reopening for disposal of PCB capacitors that is granted under this subsection shall 

be subject to such terms and conditions as the Assistant Administrator may prescribe and shall be 

in effect for such period as the Assistant Administrator may prescribe. The Assistant 

Administrator may permit disposal of PCB capacitors in EPA approved chemical waste landfills 

after March 1, 1981, if in his opinion,

(A) Adequate incineration capability for PCB capacitors is not available, or
(B) The incineration of PCB capacitors will significantly interfere with the incineration of liquid 

PCBs, or

(C) There is other good cause shown.

As part of this evaluation, the Assistant Administrator will consider the impact of his action on 

the incentives to construct or expand PCB incinerators.

(vi) Any person disposing of large PCB capacitors or small PCB capacitors described in 

paragraph (b)(2)(iv) of this section in a chemical waste landfill approved under §761.75, shall 

first place them in a container meeting the DOT packaging requirements at 49 CFR parts 171 

through 180. In all cases, the person must fill the interstitial space in the container with sufficient 

absorbent material (such as soil) to absorb any liquid PCBs remaining in the capacitors.

(3) PCB hydraulic machines. (i) Any person disposing of PCB hydraulic machines containing 

PCBs at concentrations of 50 ppm, such as die casting machines, shall do so by one of the 

following methods:

(A) In accordance with §761.79.

(B) In a facility which is permitted, licensed, or registered by a State to manage municipal solid 

waste subject to part 258 of this chapter or non-municipal non-hazardous waste subject to 

§§257.5 through 257.30 of this chapter, as applicable (excluding thermal treatment units).

(C) In a scrap metal recovery oven or smelter operating in compliance with §761.72.

(D) In a disposal facility approved under this part.

(ii) All free-flowing liquid must be removed from each machine and the liquid must be disposed 

of in accordance with the provisions of paragraph (a) of this section. If the PCB liquid contains 

1,000 ppm PCB, then the hydraulic machine must be decontaminated in accordance with 

§761.79 or flushed prior to disposal with a solvent listed at paragraph (b)(1)(i)(B) of this section 

which contains <50 ppm PCB. The solvent must be disposed of in accordance with paragraph (a) 

of this section or §761.79.

(4) PCB-Contaminated Electrical Equipment. Any person disposing of PCB-Contaminated 

Electrical Equipment, except capacitors, shall do so in accordance with paragraph (b)(6)(ii)(A) of 

this section. Any person disposing of Large Capacitors that contain  50 ppm but < 500 ppm 

PCBs shall do so in a disposal facility approved under this part.

(5) Natural gas pipeline systems containing PCBs. The owner or operator of natural gas pipeline 

systems containing  50 ppm PCBs, when no longer in use, shall dispose of the system either by 

abandonment in place of the pipe under paragraph (b)(5)(i) of this section or removal with 

subsequent action under paragraph (b)(5)(ii) of this section. Any person determining the PCB 

concentrations in natural gas pipeline systems shall do so in accordance with paragraph 
(b)(5)(iii) of this section.

(i) Abandonment. Natural gas pipe containing  50 ppm PCBs may be abandoned in place under 

one or more of the following provisions:

(A) Natural gas pipe having a nominal inside diameter of 4 inches, and containing PCBs at any 

concentration but no free-flowing liquids, may be abandoned in the place it was used to transport 

natural gas if each end is sealed closed and the pipe is either:

(1) Included in a public service notification program, such as a “one-call” system under 49 CFR 

192.614(a) and (b).

(2) Filled to 50 percent or more of the volume of the pipe with grout (such as a hardening slurry

consisting of cement, bentonite, or clay) or high density polyurethane foam.

(B) PCB-Contaminated natural gas pipe of any diameter, where the PCB concentration was 

determined after the last transmission of gas through the pipe or at the time of abandonment, that 

contains no free-flowing liquids may be abandoned in the place it was used to transport natural 

gas if each end is sealed closed.

(C) Natural gas pipe of any diameter which contains PCBs at any concentration but no freeflowing liquids, may be abandoned in the place it was used to transport natural gas, if each end is 

sealed closed, and either:

(1) The interior surface is decontaminated with one or more washes of a solvent in accordance 

with the use and disposal requirements of §761.79(d). This decontamination process must result 

in a recovery of 95 percent of the solvent volume introduced into the system, and the PCB 

concentration of the recovered wash must be <50 ppm (see §761.79(a)(1) for requirements on 

use and disposal of decontaminating fluids).

(2) The pipe is filled to 50 percent or more of the volume of the pipe with grout (such as a 

hardening slurry-like cement, bentonite, or clay) or high density polyurethane foam (except that 

only cement shall be used as grout under rivers or streams) and each end is sealed closed.

(D) Natural gas pipe of any diameter which contains PCBs at any concentration may be 

abandoned in place after decontamination in accordance with §761.79(c)(3), (c)(4) or (h) or a 

PCB disposal approval issued under §761.60(e) or §761.61(c).

(ii) Removal with subsequent action. Natural gas pipeline systems may be disposed of under one 

of the following provisions:

(A) The following classifications of natural gas pipe containing no free-flowing liquids may be 

disposed of in a facility permitted, licensed, or registered by a State to manage municipal solid 

waste subject to part 258 of this chapter or non-municipal non-hazardous waste subject to 

§§257.5 through 257.30 of this chapter, as applicable (excluding thermal treatment units); a scrap 

metal recovery oven or smelter operating in compliance with the requirements of §761.72; or a 
disposal facility approved under this part:

(1) PCB-Contaminated natural gas pipe of any diameter where the PCB concentration was 

determined after the last transmission of gas through the pipe or during removal from the 

location it was used to transport natural gas.

(2) Natural gas pipe containing PCBs at any concentration and having a nominal inside diameter 

4 inches.

(B) Any component of a natural gas pipeline system may be disposed of under one of the 

following provisions:

(1) In an incinerator operating in compliance with §761.70.

(2) In a chemical waste landfill operating in compliance with §761.75, provided that all freeflowing liquid PCBs have been thoroughly drained.

(3) As a PCB remediation waste in compliance with §761.61.

(4) In accordance with §761.79.

(iii) Characterization of natural gas pipeline systems by PCB concentration in condensate. (A) 

Any person disposing of a natural gas pipeline system under paragraphs (b)(5)(i)(B) or 

(b)(5)(ii)(A)(1) of this section must characterize it for PCB contamination by analyzing organic 

liquids collected at existing condensate collection points in the natural gas pipeline system. The 

level of PCB contamination found at a collection point is assumed to extend to the next 

collection point downstream. If no organic liquids are present, drain free-flowing liquids and 

collect standard wipe samples according to subpart M of this part. Collect condensate within 72 

hours of the final transmission of natural gas through the part of the system to be abandoned or

removed. Collect wipe samples after the last transmission of gas through the pipe or during 

removal from the location it was used to transport natural gas.

(B) PCB concentration of the organic phase of multi-phasic liquids shall be determined in 

accordance with §761.1(b)(4).

(iv) Disposal of pipeline liquids. (A) Any person disposing of liquids containing PCBs  50 ppm 

removed, spilled, or otherwise released from a natural gas pipeline system must do so in 

accordance with §761.61(a)(5)(iv) based on the PCB concentration at the time of removal from 

the system. Any person disposing of material contaminated by spills or other releases of PCBs 

50 ppm from a natural gas pipeline system, must do so in accordance with §761.61 or §761.79, 

as applicable.

(B) Any person who markets or burns for energy recovery liquid containing PCBs at 

concentrations <50 ppm PCBs at the time of removal from a natural gas pipeline system must do 

so in accordance with the provisions pertaining to used oil at §761.20(e). No other use of liquid 

containing PCBs at concentrations above the quantifiable level/level of detection removed from a 
natural gas pipeline system is authorized.

(6) Other PCB Articles. (i) PCB articles with concentrations at 500 ppm or greater must be 

disposed of:

(A) In an incinerator that complies with §761.70; or

(B) In a chemical waste landfill that complies with §761.75, provided that all free-flowing liquid 

PCBs have been thoroughly drained from any articles before the articles are placed in the 

chemical waste landfill and that the drained liquids are disposed of in an incinerator that 

complies with §761.70.

(ii)(A) Except as specifically provided in paragraphs (b)(1) through (b)(5) of this section, any

person disposing of a PCB-Contaminated Article must do so by removing all free-flowing liquid 

from the article, disposing of the liquid in accordance with paragraph (a) of this section, and 

disposing of the PCB-Contaminated Article with no free-flowing liquid by one of the following 

methods:

(1) In accordance with §761.79.

(2) In a facility permitted, licensed, or registered by a State to manage municipal solid waste 

subject to part 258 of this chapter or non-municipal non-hazardous waste subject to §§257.5 

through 257.30 of this chapter, as applicable (excluding thermal treatment units).

(3) In a scrap metal recovery oven or smelter operating in compliance with §761.72.

(4) In a disposal facility approved under this part.

(B) Storage for disposal of PCB-Contaminated Articles from which all free-flowing liquids have 

been removed is not regulated under subpart D of this part.

(C) Requirements in subparts J and K of this part do not apply to PCB-Contaminated Articles 

from which all free-flowing liquids have been removed.

(iii) Fluorescent light ballasts containing PCBs in their potting material must be disposed of in a 

TSCA-approved disposal facility, as bulk product waste under §761.62, as household waste 

under §761.63 (where applicable), or in accordance with the decontamination provisions of 

§761.79.

(7) Storage of PCB Articles. Except for a PCB Article described in paragraph (b)(2)(ii) of this 

section and hydraulic machines that comply with the municipal solid waste disposal provisions 

described in paragraph (b)(3) of this section, any PCB Article, with PCB concentrations at 50 

ppm or greater, shall be stored in accordance with §761.65 prior to disposal.

(8) Persons disposing of PCB Articles must wear or use protective clothing or equipment to 

protect against dermal contact with or inhalation of PCBs or materials containing PCBs.
(c) PCB Containers. (1) Unless decontaminated in compliance with §761.79 or as provided in 

paragraph (c)(2) of this section, a PCB container with PCB concentrations at 500 ppm or greater 

shall be disposed of:

(i) In an incinerator which complies with §761.70, or

(ii) In a chemical waste landfill that complies with §761.75; provided that if there are PCBs in a 

liquid state, the PCB Container shall first be drained and the PCB liquid disposed of in 

accordance with paragraph (a) of this section.

(2) Any PCB Container used to contain only PCBs at a concentration less than 500 ppm shall be 

disposed of as municipal solid wastes; provided that if the PCBs are in a liquid state, the PCB 

Container shall first be drained and the PCB liquid shall be disposed of in accordance with 

paragraph (a) of this section.

(3) Prior to disposal, a PCB container with PCB concentrations at 50 ppm or greater shall be 

stored in a unit which complies with §761.65.

(d) [Reserved]

(e) Any person who is required to incinerate any PCBs and PCB Items under this subpart and 

who can demonstrate that an alternative method of destroying PCBs and PCB Items exists and 

that this alternative method can achieve a level of performance equivalent to an incinerator 

approved under §761.70 or a high efficiency boiler operating in compliance with §761.71, must 

submit a written request to either the EPA Regional Administrator or the Director, National 

Program Chemicals Division, for a waiver from the incineration requirements of §761.70 or 

§761.71. Requests for approval of alternate methods that will be operated in more than one 

Region must be submitted to the Director, National Program Chemicals Division except for 

research and development activities involving less than 500 pounds of PCB material (see 

paragraph (i)(2) of this section). Requests for approval of alternate methods that will be operated 

in only one Region must be submitted to the appropriate EPA Regional Administrator. The 

applicant must show that his or her method of destroying PCBs will not present an unreasonable 

risk of injury to health or the environment. On the basis of such information and any available 

information, the EPA Regional Administrator or the Director, National Program Chemicals 

Division may, in his or her discretion, approve the use of the alternate method if he or she finds 

that the alternate disposal method provides PCB destruction equivalent to disposal in a §761.70 

incinerator or a §761.71 high efficiency boiler and will not present an unreasonable risk of injury

to health or the environment. Any approval must be stated in writing and may include such 

conditions and provisions as the EPA Regional Administrator or Director, National Program 

Chemicals Division deems appropriate. The person to whom such waiver is issued must comply

with all limitations contained in such determination. No person may use the alternate method of 

destroying PCBs or PCB Items prior to obtaining permission from the appropriate EPA official.

(f)(1) Each operator of a chemical waste landfill, incinerator, or alternative to incineration 

approved under paragraph (e) of this section shall give the following written notices to the state 
and local governments within whose jurisdiction the disposal facility is located:

(i) Notice at least thirty (30) days before a facility is first used for disposal of PCBs required by 

these regulations; and

(ii) At the request of any state or local government, annual notice of the quantities and general 

description of PCBs disposed of during the year. This annual notice shall be given no more than 

thirty (30) days after the end of the year covered.

(iii) The Regional Administrator may reduce the notice period required by paragraph (f)(1)(i) of 

this section from thirty days to a period of no less than five days in order to expedite interim 

approval of the chemical waste landfill located in Sedgwick County, Kansas.

(2) [Reserved]

(g) Testing procedures. (1) Owners or users of mineral oil dielectric fluid electrical equipment 

may use the following procedures to determine the concentration of PCBs in the dielectric fluid:

(i) Dielectric fluid removed from mineral oil dielectric fluid electrical equipment may be 

collected in a common container, provided that no other chemical substances or mixtures are 

added to the container. This common container option does not permit dilution of the collected 

oil. Mineral oil that is assumed or known to contain at least 50 ppm PCBs must not be mixed 

with mineral oil that is known or assumed to contain less than 50 ppm PCBs to reduce the 

concentration of PCBs in the common container. If dielectric fluid from untested, oil-filled 

circuit breakers, reclosers, or cable is collected in a common container with dielectric fluid from 

other oil-filled electrical equipment, the entire contents of the container must be treated as PCBs 

at a concentration of at least 50 ppm, unless all of the fluid from the other oil-filled electrical 

equipment has been tested and shown to contain less than 50 ppm PCBs.

(ii) For purposes of complying with the marking and disposal requirements, representative 

samples may be taken from either the common containers or the individual electrical equipment 

to determine the PCB concentration, except that if any PCBs at a concentration of 500 ppm or 

greater have been added to the container or equipment then the total container contents must be 

considered as having a PCB concentration of 500 ppm or greater for purposes of complying with 

the disposal requirements of this subpart. For purposes of this subparagraph, representative 

samples of mineral oil dielectric fluid are either samples taken in accordance with ASTM D 923–

86 or ASTM D 923–89 or samples taken from a container that has been thoroughly mixed in a 

manner such that any PCBs in the container are uniformly distributed throughout the liquid in the 

container.

(iii) Unless otherwise specified in this part, any person conducting the chemical analysis of PCBs 

shall do so using gas chromatography. Any gas chromatographic method that is appropriate for 

the material being analyzed may be used, including EPA Method 608, “Organochlorine 

Pesticides and PCBs” at 40 CFR part 136, Appendix A;” EPA Method 8082, “Polychlorinated 

Biphenyls (PCBs) by Capillary Column Gas Chromatography” of SW-846, “OSW Test Methods 

for Evaluating Solid Waste,” which is available from NTIS; and ASTM Standard D-4059, 
“Standard Test Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas 

Chromatography,” which is available from ASTM.

(2) Owners or users of waste oil may use the following procedures to determine the PCB 

concentration of waste oil:

(i) Waste oil from more than one source may be collected in a common container, provided that 

no other chemical substances or mixtures, such as non-waste oils, are added to the container.

(ii) For purposes of complying with the marking and disposal requirements, representative 

samples may be taken from either the common containers or the individual electrical equipment 

to determine the PCB concentration. Except, That if any PCBs at a concentration of 500 ppm or 

greater have been added to the container or equipment then the total container contents must be 

considered as having a PCB concentration of 500 ppm or greater for purposes of complying with 

the disposal requirements of this subpart. For purposes of this paragraph, representative samples 

of mineral oil dielectric fluid are either samples taken in accordance with ASTM D 923–86 or 

ASTM D 923–89 or samples taken from a container that has been thoroughly mixed in a manner 

such that any PCBs in the container are uniformly distributed throughout the liquid in the 

container.

(iii) Unless otherwise specified in this part, any person conducting the chemical analysis of PCBs 

shall do so using gas chromatography. Any gas chromatographic method that is appropriate for 

the material being analyzed may be used, including those indicated in paragraph (g)(1)(iii) of this 

section.

(h) Requirements for export and import of PCBs and PCB Items for disposal are found in 

Subpart F of this part.

(i) Approval authority for disposal methods. (1) The officials (the Director, National Programs 

Chemical Division and the Regional Administrators) designated in §§761.60(e) and 761.70 (a) 

and (b) to receive requests for approval of PCB disposal activities are the primary approval 

authorities for these activities. Notwithstanding, the Director, National Programs Chemical 

Division may, at his/her discretion, assign the authority to review and approve any aspect of a 

disposal system to the Office of Prevention, Pesticides and Toxic Substances or to a Regional 

Administrator.

(2) Except for activity authorized under paragraph (j) of this section, research and development 

(R&D) for PCB disposal using a total of <500 pounds of PCB material (regardless of PCB 

concentration) will be reviewed and approved by the EPA Regional Administrator for the Region 

where the R&D will be conducted, and R&D for PCB disposal using 500 pounds or more of 

PCB material (regardless of PCB concentration) will be reviewed and approved by the Director, 

National Program Chemicals Division.

(j) Self-implementing requirements for research and development (R&D) for PCB disposal.

(1) Any person may conduct R&D for PCB disposal without prior written approval from EPA if 
they meet the following conditions:

(i) File a notification and obtain an EPA identification number pursuant to subpart K of this part.

(ii) Notify in writing the EPA Regional Administrator, the State environmental protection 

agency, and local environmental protection agency, having jurisdiction where the R&D for PCB 

disposal activity will occur at least 30 days prior to the commencement of any R&D for PCB 

disposal activity conducted under this section. Each written notification shall include the EPA 

identification number of the site where the R&D for PCB disposal activities will be conducted, 

the quantity of PCBs to be treated, the type of R&D technology to be used, the general physical 

and chemical properties of material being treated, and an estimate of the duration of the PCB 

activity. The EPA Regional Administrator, the State environmental protection agency, and the 

local environmental protection agency may waive notification in writing prior to commencement 

of the research.

(iii) The amount of material containing PCBs treated annually by the facility during R&D for 

PCB disposal activities does not exceed 500 gallons or 70 cubic feet of liquid or non-liquid PCBs 

and does not exceed a maximum concentration of 10,000 ppm PCBs.

(iv) No more than 1 kilogram total of pure PCBs per year is disposed of in all R&D for PCB 

disposal activities at a facility.

(v) Each R&D for PCB disposal activity under this section lasts no more than 1 calendar year.

(vi) Store all PCB wastes (treated and untreated PCB materials, testing samples, spent laboratory

samples, residuals, untreated samples, contaminated media or instrumentation, clothing, etc.) in 

compliance with §761.65(b) and dispose of them according to the undiluted PCB concentration 

prior to treatment. However, PCB materials not treated in the R&D for PCB disposal activity

may be returned either to the physical location where the samples were collected or a location 

where other regulated PCBs from the physical location where the samples were collected are 

being stored for disposal.

(vii) Use manifests pursuant to subpart K of this part for all R&D PCB wastes being transported 

from the R&D facility to an approved PCB storage or disposal facility. However, §§761.207 

through 761.218 do not apply if the residuals or treated samples are returned either to the 

physical location where the samples were collected or a location where other regulated PCBs 

from the physical location where the samples were collected are being stored for disposal.

(viii) Package and ship all PCB wastes pursuant to DOT requirements under 49 CFR parts 171 

through 180.

(ix) Comply with the recordkeeping requirements of §761.180.

(2) Do not exceed material limitations set out in paragraphs (j)(1) (iii) and (iv) of this section and 

the time limitation set out in paragraph (j)(1)(v) of this section without prior written approval 

from EPA. Requests for approval to exceed the material limitations for PCBs in R&D for PCB 
disposal activities as specified in this section must be submitted in writing to the EPA Regional 

Administrator for the Region in which the facility conducting R&D for PCB disposal activities is 

located. Each request shall specify the quantity or concentration requested or additional time 

needed for disposal and include a justification for each increase. For extensions to the duration of 

the R&D for PCB disposal activity, the request shall also include a report on the 

accomplishments and progress of the previously authorized R&D for PCB disposal activity for 

which the extension is sought. The EPA Regional Administrator may grant a waiver in writing 

for an increase in the volume of PCB material, the maximum concentration of PCBs, the total 

amount of pure PCBs, or the duration of the R&D activity. Approvals will state all requirements 

applicable to the R&D for PCB disposal activity.

(3) The EPA Regional Administrator for the Region in which an R&D for PCB disposal activity

is conducted may determine, at any time, that an R&D PCB disposal approval is required under 

paragraphs (e) and (i)(2) of this section or §761.70(d) to ensure that any R&D for PCB disposal 

activity does not present an unreasonable risk of injury to health or the environment.

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

[44 FR 31542, May 31, 1979]

§ 761.61 PCB remediation waste.

This section provides cleanup and disposal options for PCB remediation waste. Any person 

cleaning up and disposing of PCBs managed under this section shall do so based on the 

concentration at which the PCBs are found. This section does not prohibit any person from 

implementing temporary emergency measures to prevent, treat, or contain further releases or 

mitigate migration to the environment of PCBs or PCB remediation waste.

(a) Self-implementing on-site cleanup and disposal of PCB remediation waste. EPA designed the 

self-implementing procedure for a general, moderately-sized site where there should be low 

residual environmental impact from remedial activities. The procedure may be less practical for 

larger or environmentally diverse sites. For these other sites, the self-implementing procedure 

still applies, but an EPA Regional Administrator may authorize more practical procedures 

through paragraph (c) of this section. Any person may conduct self-implementing cleanup and 

disposal of PCB remediation waste in accordance with the following requirements without prior 

written approval from EPA.

(1) Applicability. (i) The self-implementing procedures may not be used to clean up:

(A) Surface or ground waters.

(B) Sediments in marine and freshwater ecosystems.

(C) Sewers or sewage treatment systems.

(D) Any private or public drinking water sources or distribution systems.
(E) Grazing lands.

(F) Vegetable gardens.

(ii) The self-implementing cleanup provisions shall not be binding upon cleanups conducted 

under other authorities, including but not limited to, actions conducted under section 104 or 

section 106 of CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.

(2) Site characterization. Any person conducting self-implementing cleanup of PCB remediation 

waste must characterize the site adequately to be able to provide the information required by

paragraph (a)(3) of this section. Subpart N of this part provides a method for collecting new site 

characterization data or for assessing the sufficiency of existing site characterization data.

(3) Notification and certification. (i) At least 30 days prior to the date that the cleanup of a site 

begins, the person in charge of the cleanup or the owner of the property where the PCB 

remediation waste is located shall notify, in writing, the EPA Regional Administrator, the 

Director of the State or Tribal environmental protection agency, and the Director of the county or 

local environmental protection agency where the cleanup will be conducted. The notice shall 

include:

(A) The nature of the contamination, including kinds of materials contaminated.

(B) A summary of the procedures used to sample contaminated and adjacent areas and a table or 

cleanup site map showing PCB concentrations measured in all pre-cleanup characterization 

samples. The summary must include sample collection and analysis dates. The EPA Regional 

Administrator may require more detailed information including, but not limited to, additional 

characterization sampling or all sample identification numbers from all previous characterization 

activities at the cleanup site.

(C) The location and extent of the identified contaminated area, including topographic maps with 

sample collection sites cross referenced to the sample identification numbers in the data 

summary from paragraph (a)(3)(i)(B) of this section.

(D) A cleanup plan for the site, including schedule, disposal technology, and approach. This plan 

should contain options and contingencies to be used if unanticipated higher concentrations or 

wider distributions of PCB remediation waste are found or other obstacles force changes in the 

cleanup approach.

(E) A written certification, signed by the owner of the property where the cleanup site is located 

and the party conducting the cleanup, that all sampling plans, sample collection procedures, 

sample preparation procedures, extraction procedures, and instrumental/chemical analysis 

procedures used to assess or characterize the PCB contamination at the cleanup site, are on file at 

the location designated in the certificate, and are available for EPA inspection. Persons using 

alternate methods for chemical extraction and chemical analysis for site characterization must 

include in the certificate a statement that such a method will be used and that a comparison study 

which meets or exceeds the requirements of subpart Q of this part, and for which records are on 
file, has been completed prior to verification sampling.

(ii) Within 30 calendar days of receiving the notification, the EPA Regional Administrator will 

respond in writing approving of the self-implementing cleanup, disapproving of the selfimplementing cleanup, or requiring additional information. If the EPA Regional Administrator 

does not respond within 30 calendar days of receiving the notice, the person submitting the 

notification may assume that it is complete and acceptable and proceed with the cleanup 

according to the information the person provided to the EPA Regional Administrator. Once 

cleanup is underway, the person conducting the cleanup must provide any proposed changes 

from the notification to the EPA Regional Administrator in writing no less than 14 calendar days 

prior to the proposed implementation of the change. The EPA Regional Administrator will 

determine in his or her discretion whether to accept the change, and will respond to the change 

notification verbally within 7 calendar days and in writing within 14 calendar days of receiving 

it. If the EPA Regional Administrator does not respond verbally within 7 calendar days and in 

writing within 14 calendar days of receiving the change notice, the person who submitted it may

deem it complete and acceptable and proceed with the cleanup according to the information in 

the change notice provided to the EPA Regional Administrator.

(iii) Any person conducting a cleanup activity may obtain a waiver of the 30-day notification 

requirement, if they receive a separate waiver, in writing, from each of the agencies they are 

required to notify under this section. The person must retain the original written waiver as 

required in paragraph (a)(9) of this section.

(4) Cleanup levels. For purposes of cleaning, decontaminating, or removing PCB remediation 

waste under this section, there are four general waste categories: bulk PCB remediation waste, 

non-porous surfaces, porous surfaces, and liquids. Cleanup levels are based on the kind of 

material and the potential exposure to PCBs left after cleanup is completed.

(i) Bulk PCB remediation waste. Bulk PCB remediation waste includes, but is not limited to, the 

following non-liquid PCB remediation waste: soil, sediments, dredged materials, muds, PCB 

sewage sludge, and industrial sludge.

(A) High occupancy areas. The cleanup level for bulk PCB remediation waste in high occupancy

areas is 1 ppm without further conditions. High occupancy areas where bulk PCB remediation 

waste remains at concentrations >1 ppm and 10 ppm shall be covered with a cap meeting the 

requirements of paragraphs (a)(7) and (a)(8) of this section.

(B) Low occupancy areas. (1) The cleanup level for bulk PCB remediation waste in low 

occupancy areas is 25 ppm unless otherwise specified in this paragraph.

(2) Bulk PCB remediation wastes may remain at a cleanup site at concentrations >25 ppm and 

50 ppm if the site is secured by a fence and marked with a sign including the ML mark.

(3) Bulk PCB remediation wastes may remain at a cleanup site at concentrations >25 ppm and 

100 ppm if the site is covered with a cap meeting the requirements of paragraphs (a)(7) and 

(a)(8) of this section.
(ii) Non-porous surfaces. In high occupancy areas, the surface PCB cleanup standard is  10 

g/100 cm2 of surface area. In low occupancy areas, the surface cleanup standard is <100 

g/100 cm2 of surface area. Select sampling locations in accordance with subpart P of this part 

or a sampling plan approved under paragraph (c) of this section.

(iii) Porous surfaces. In both high and low occupancy areas, any person disposing of porous 

surfaces must do so based on the levels in paragraph (a)(4)(i) of this section. Porous surfaces 

may be cleaned up for use in accordance with §761.79(b)(4) or §761.30(p).

(iv) Liquids. In both high and low occupancy areas, cleanup levels are the concentrations 

specified in §761.79(b)(1) and (b)(2).

(v) Change in the land use for a cleanup site. Where there is an actual or proposed change in use 

of an area cleaned up to the levels of a low occupancy area, and the exposure of people or animal 

life in or at that area could reasonably be expected to increase, resulting in a change in status 

from a low occupancy area to a high occupancy area, the owner of the area shall clean up the 

area in accordance with the high occupancy area cleanup levels in paragraphs (a)(4)(i) through 

(a)(4)(iv) of this section.

(vi) The EPA Regional Administrator, as part of his or her response to a notification submitted in 

accordance with §761.61(a)(3) of this part, may require cleanup of the site, or portions of it, to 

more stringent cleanup levels than are otherwise required in this section, based on the proximity

to areas such as residential dwellings, hospitals, schools, nursing homes, playgrounds, parks, day

care centers, endangered species habitats, estuaries, wetlands, national parks, national wildlife 

refuges, commercial fisheries, and sport fisheries.

(5) Site cleanup. In addition to the options set out in this paragraph, PCB disposal technologies 

approved under §§761.60 and 761.70 are acceptable for on-site self-implementing PCB 

remediation waste disposal within the confines of the operating conditions of the respective 

approvals.

(i) Bulk PCB remediation waste. Any person cleaning up bulk PCB remediation waste shall do 

so to the levels in paragraph (a)(4)(i) of this section.

(A) Any person cleaning up bulk PCB remediation waste on-site using a soil washing process 

may do so without EPA approval, subject to all of the following:

(1) A non-chlorinated solvent is used.

(2) The process occurs at ambient temperature.

(3) The process is not exothermic.

(4) The process uses no external heat.
(5) The process has secondary containment to prevent any solvent from being released to the 

underlying or surrounding soils or surface waters.

(6) Solvent disposal, recovery, and/or reuse is in accordance with relevant provisions of 

approvals issued according to paragraphs (b)(1) or (c) of this section or applicable paragraphs of 

§761.79.

(B) Bulk PCB remediation waste may be sent off-site for decontamination or disposal in 

accordance with this paragraph, provided the waste is either dewatered on-site or transported offsite in containers meeting the requirements of the DOT Hazardous Materials Regulations (HMR) 

at 49 CFR parts 171 through 180.

(1) Removed water shall be disposed of according to paragraph (b)(1) of this section.

(2) Any person disposing off-site of dewatered bulk PCB remediation waste shall do so as 

follows:

(i) Unless sampled and analyzed for disposal according to the procedures set out in §§761.283, 

761.286, and 761.292, the bulk PCB remediation waste shall be assumed to contain  50 ppm 

PCBs.

(ii) Bulk PCB remediation wastes with a PCB concentration of <50 ppm shall be disposed of in 

accordance with paragraph (a)(5)(v)(A) of this section.

(iii) Bulk PCB remediation wastes with a PCB concentration  50 ppm shall be disposed of in a 

hazardous waste landfill permitted by EPA under section 3004 of RCRA, or by a State 

authorized under section 3006 of RCRA, or a PCB disposal facility approved under this part.

(iv) The generator must provide written notice, including the quantity to be shipped and highest 

concentration of PCBs (using extraction EPA Method 3500B/3540C or Method 3500B/3550B 

followed by chemical analysis using EPA Method 8082 in SW-846 or methods validated under 

subpart Q of this part) at least 15 days before the first shipment of bulk PCB remediation waste 

from each cleanup site by the generator, to each off-site facility where the waste is destined for 

an area not subject to a TSCA PCB Disposal Approval.

(3) Any person may decontaminate bulk PCB remediation waste in accordance with §761.79 and 

return the waste to the cleanup site for disposal as long as the cleanup standards of paragraph 

(a)(4) of this section are met.

(ii) Non-porous surfaces. PCB remediation waste non-porous surfaces shall be cleaned on-site or 

off-site for disposal on-site, disposal off-site, or use, as follows:

(A) For on-site disposal, non-porous surfaces shall be cleaned on-site or off-site to the levels in 

paragraph (a)(4)(ii) of this section using:

(1) Procedures approved under §761.79.
(2) Technologies approved under §761.60(e).

(3) Procedures or technologies approved under paragraph (c) of this section.

(B) For off-site disposal, non-porous surfaces:

(1) Having surface concentrations <100 g/100 cm2 shall be disposed of in accordance with 

paragraph (a)(5)(i)(B)(2)(ii) of this section. Metal surfaces may be thermally decontaminated in 

accordance with §761.79(c)(6)(i).

(2) Having surface concentrations 100 g/100 cm2 shall be disposed of in accordance with 

paragraph (a)(5)(i)(B)(2)(iii) of this section. Metal surfaces may be thermally decontaminated in 

accordance with §761.79(c)(6)(ii).

(C) For use, non-porous surfaces shall be decontaminated on-site or off-site to the standards 

specified in §761.79(b)(3) or in accordance with §761.79(c).

(iii) Porous surfaces. Porous surfaces shall be disposed on-site or off-site as bulk PCB 

remediation waste according to paragraph (a)(5)(i) of this section or decontaminated for use 

according to §761.79(b)(4), as applicable.

(iv) Liquids. Any person disposing of liquid PCB remediation waste shall either:

(A) Decontaminate the waste to the levels specified in §761.79(b)(1) or (b)(2).

(B) Dispose of the waste in accordance with paragraph (b) of this section or an approval issued 

under paragraph (c) of this section.

(v) Cleanup wastes. Any person generating the following wastes during and from the cleanup of 

PCB remediation waste shall dispose of or reuse them using one of the following methods:

(A) Non-liquid cleaning materials and personal protective equipment waste at any concentration, 

including non-porous surfaces and other non-liquid materials such as rags, gloves, booties, other 

disposable personal protective equipment, and similar materials resulting from cleanup activities 

shall be either decontaminated in accordance with §761.79(b) or (c), or disposed of in one of the 

following facilities, without regard to the requirements of subparts J and K of this part:

(1) A facility permitted, licensed, or registered by a State to manage municipal solid waste 

subject to part 258 of this chapter.

(2) A facility permitted, licensed, or registered by a State to manage non-municipal nonhazardous waste subject to §§257.5 through 257.30 of this chapter, as applicable.

(3) A hazardous waste landfill permitted by EPA under section 3004 of RCRA, or by a State 

authorized under section 3006 of RCRA.
(4) A PCB disposal facility approved under this part.

(B) Cleaning solvents, abrasives, and equipment may be reused after decontamination in 

accordance with §761.79.

(6) Cleanup verification—(i) Sampling and analysis. Any person collecting and analyzing 

samples to verify the cleanup and on-site disposal of bulk PCB remediation wastes and porous 

surfaces must do so in accordance with subpart O of this part. Any person collecting and 

analyzing samples from non-porous surfaces must do so in accordance with subpart P of this 

part. Any person collecting and analyzing samples from liquids must do so in accordance with 

§761.269. Any person conducting interim sampling during PCB remediation waste cleanup to 

determine when to sample to verify that cleanup is complete, may use PCB field screening tests.

(ii) Verification. (A) Where sample analysis results in a measurement of PCBs less than or equal 

to the levels specified in paragraph (a)(4) of this section, self-implementing cleanup is complete.

(B) Where sample analysis results in a measurement of PCBs greater than the levels specified in 

paragraph (a)(4) of this section, self-implementing cleanup of the sampled PCB remediation 

waste is not complete. The owner or operator of the site must either dispose of the sampled PCB 

remediation waste, or reclean the waste represented by the sample and reinitiate sampling and 

analysis in accordance with paragraph (a)(6)(i) of this section.

(7) Cap requirements. A cap means, when referring to on-site cleanup and disposal of PCB 

remediation waste, a uniform placement of concrete, asphalt, or similar material of minimum 

thickness spread over the area where remediation waste was removed or left in place in order to 

prevent or minimize human exposure, infiltration of water, and erosion. Any person designing 

and constructing a cap must do so in accordance with §264.310(a) of this chapter, and ensure that 

it complies with the permeability, sieve, liquid limit, and plasticity index parameters in 

§761.75(b)(1)(ii) through (b)(1)(v). A cap of compacted soil shall have a minimum thickness of 

25 cm (10 inches). A concrete or asphalt cap shall have a minimum thickness of 15 cm (6 

inches). A cap must be of sufficient strength to maintain its effectiveness and integrity during the 

use of the cap surface which is exposed to the environment. A cap shall not be contaminated at a 

level 1 ppm PCB per AroclorTM (or equivalent) or per congener. Repairs shall begin within 72 

hours of discovery for any breaches which would impair the integrity of the cap.

(8) Deed restrictions for caps, fences and low occupancy areas. When a cleanup activity

conducted under this section includes the use of a fence or a cap, the owner of the site must 

maintain the fence or cap, in perpetuity. In addition, whenever a cap, or the procedures and 

requirements for a low occupancy area, is used, the owner of the site must meet the following 

conditions:

(i) Within 60 days of completion of a cleanup activity under this section, the owner of the 

property shall:

(A) Record, in accordance with State law, a notation on the deed to the property, or on some 

other instrument which is normally examined during a title search, that will in perpetuity notify
any potential purchaser of the property:

(1) That the land has been used for PCB remediation waste disposal and is restricted to use as a 

low occupancy area as defined in §761.3.

(2) Of the existence of the fence or cap and the requirement to maintain the fence or cap.

(3) The applicable cleanup levels left at the site, inside the fence, and/or under the cap.

(B) Submit a certification, signed by the owner, that he/she has recorded the notation specified in 

paragraph (a)(8)(i)(A) of this section to the EPA Regional Administrator.

(ii) The owner of a site being cleaned up under this section may remove a fence or cap after 

conducting additional cleanup activities and achieving cleanup levels, specified in paragraph 

(a)(4) of this section, which do not require a cap or fence. The owner may remove the notice on 

the deed no earlier than 30 days after achieving the cleanup levels specified in this section which 

do not require a fence or cap.

(9) Recordkeeping. For paragraphs (a)(3), (a)(4), and (a)(5) of this section, recordkeeping is 

required in accordance with §761.125(c)(5).

(b) Performance-based disposal. (1) Any person disposing of liquid PCB remediation waste shall 

do so according to §761.60(a) or (e), or decontaminate it in accordance with §761.79.

(2) Any person disposing of non-liquid PCB remediation waste shall do so by one of the 

following methods:

(i) Dispose of it in a high temperature incinerator approved under §761.70(b), an alternate 

disposal method approved under §761.60(e), a chemical waste landfill approved under §761.75, 

or in a facility with a coordinated approval issued under §761.77.

(ii) Decontaminate it in accordance with §761.79.

(3) Any person may manage or dispose of material containing <50 ppm PCBs that has been 

dredged or excavated from waters of the United States:

(i) In accordance with a permit that has been issued under section 404 of the Clean Water Act, or 

the equivalent of such a permit as provided for in regulations of the U.S. Army Corps of 

Engineers at 33 CFR part 320.

(ii) In accordance with a permit issued by the U.S. Army Corps of Engineers under section 103 

of the Marine Protection, Research, and Sanctuaries Act, or the equivalent of such a permit as 

provided for in regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.

(c) Risk-based disposal approval. (1) Any person wishing to sample, cleanup, or dispose of PCB 

remediation waste in a manner other than prescribed in paragraphs (a) or (b) of this section, or 
store PCB remediation waste in a manner other than prescribed in §761.65, must apply in writing 

to the EPA Regional Administrator in the Region where the sampling, cleanup, disposal or 

storage site is located, for sampling, cleanup, disposal or storage occurring in a single EPA 

Region; or to the Director of the National Program Chemicals Division, for sampling, cleanup, 

disposal or storage occurring in more than one EPA Region. Each application must contain 

information described in the notification required by §761.61(a)(3). EPA may request other 

information that it believes necessary to evaluate the application. No person may conduct 

cleanup activities under this paragraph prior to obtaining written approval by EPA.

(2) EPA will issue a written decision on each application for a risk-based method for PCB 

remediation wastes. EPA will approve such an application if it finds that the method will not 

pose an unreasonable risk of injury to health or the environment.

[63 FR 35448, June 29, 1998, as amended at 64 FR 33761, June 24, 1999]

§ 761.62 Disposal of PCB bulk product waste.

PCB bulk product waste shall be disposed of in accordance with paragraph (a), (b), or (c) of this 

section. Under some of these provisions, it may not be necessary to determine the PCB 

concentration or leaching characteristics of the PCB bulk product waste. When it is necessary to 

analyze the waste to make either of these determinations, use the applicable procedures in 

subpart R of this part to sample the waste for analysis, unless EPA approves another sampling 

plan under paragraph (c) of this section.

(a) Performance-based disposal. Any person disposing of PCB bulk product waste may do so as 

follows:

(1) In an incinerator approved under §761.70.

(2) In a chemical waste landfill approved under §761.75.

(3) In a hazardous waste landfill permitted by EPA under section 3004 of RCRA, or by a State 

authorized under section 3006 of RCRA.

(4) Under an alternate disposal approval under §761.60(e).

(5) In accordance with the decontamination provisions of §761.79.

(6) For metal surfaces in contact with PCBs, in accordance with the thermal decontamination 

provisions of §761.79(c)(6).

(7) In accordance with a TSCA PCB Coordinated Approval issued under §761.77.

(b) Disposal in solid waste landfills. (1) Any person may dispose of the following PCB bulk 

product waste in a facility permitted, licensed, or registered by a State as a municipal or nonmunicipal non-hazardous waste landfill:
(i) Plastics (such as plastic insulation from wire or cable; radio, television and computer casings; 

vehicle parts; or furniture laminates); preformed or molded rubber parts and components; applied 

dried paints, varnishes, waxes or other similar coatings or sealants; caulking; Galbestos; nonliquid building demolition debris; or non-liquid PCB bulk product waste from the shredding of 

automobiles or household appliances from which PCB small capacitors have been removed 

(shredder fluff).

(ii) Other PCB bulk product waste, sampled in accordance with the protocols set out in subpart R 

of this part, that leaches PCBs at <10 g/L of water measured using a procedure used to simulate 

leachate generation.

(2) Any person may dispose of PCB bulk product waste other than those materials meeting the 

conditions of paragraph (b)(1) of this section, (e.g., paper or felt gaskets contaminated by liquid 

PCBs in a facility that is permitted, licensed, or registered by a State to manage municipal solid 

waste subject to part 258 of this chapter or non-municipal non-hazardous waste subject to 

§§257.5 through 257.30 of this chapter, as applicable, if:

(i) The PCB bulk product waste is segregated from organic liquids disposed of in the landfill 

unit.

(ii) Leachate is collected from the landfill unit and monitored for PCBs.

(3) Any release of PCBs (including but not limited to leachate) from the landfill unit shall be 

cleaned up in accordance with §761.61.

(4)(i) Any person disposing off-site of PCB bulk product waste regulated under paragraph (b)(1) 

of this section at a waste management facility not having a commercial PCB storage or disposal 

approval must provide written notice to the facility a minimum of 15 days in advance of the first 

shipment from the same disposal waste stream. The notice shall state that the PCB bulk product 

waste may include components containing PCBs at  50 ppm based on analysis of the waste in 

the shipment or application of a general knowledge of the waste stream (or similar material) 

which is known to contain PCBs at those levels, and that the PCB bulk product waste is known 

or presumed to leach <10 g/L PCBs.

(ii) Any person disposing off-site of PCB bulk product waste regulated under paragraph (b)(2) of 

this section at a waste management facility not having a commercial PCB storage or disposal 

approval must provide written notice to the facility a minimum of 15 days in advance of the first 

shipment from the same disposal waste stream and with each shipment thereafter. The notice 

shall state that the PCB bulk product waste may include components containing PCBs at  50 

ppm based on analysis of the waste in the shipment or application of a general knowledge of the 

waste stream (or similar material) which is known to contain PCBs at those levels, and that the 

PCB bulk product waste is known or presumed to leach 10 g/L PCBs.

(5) Any person disposing of PCB bulk product waste must maintain a written record of all 

sampling and analysis of PCBs or notifications made under this paragraph for 3 years from the 
date of the waste's generation. The records must be made available to EPA upon request.

(6) Requirements in subparts C, J, and K of this part do not apply to waste disposed of under 

paragraph (b) of this section.

(c) Risk-based disposal approval. (1) Any person wishing to sample or dispose of PCB bulk 

product waste in a manner other than prescribed in paragraphs (a) or (b) of this section, or store 

PCB bulk product waste in a manner other than prescribed in §761.65, must apply in writing to: 

the EPA Regional Administrator in the Region where the sampling, disposal, or storage site is 

located, for sampling, disposal, or storage occurring in a single EPA Region; or the Director of 

the National Program Chemicals Division, for sampling, disposal, or storage occurring in more 

than one EPA Region. Each application must contain information indicating that, based on 

technical, environmental, or waste-specific characteristics or considerations, the proposed 

sampling, disposal, or storage methods or locations will not pose an unreasonable risk of injury

to health or the environment. EPA may request other information that it believes necessary to 

evaluate the application. No person may conduct sampling, disposal, or storage activities under 

this paragraph prior to obtaining written approval by EPA.

(2) EPA will issue a written decision on each application for a risk-based sampling, disposal, or 

storage method for PCB bulk product wastes. EPA will approve such an application if it finds 

that the method will not pose an unreasonable risk of injury to health or the environment.

(d) Disposal as daily landfill cover or roadbed. Bulk product waste described in paragraph (b)(1) 

of this section may be disposed of:

(1) As daily landfill cover as long as the daily cover remains in the landfill and is not released or 

dispersed by wind or other action; or

(2) Under asphalt as part of a road bed.

[63 FR 35451, June 29, 1998, as amended at 64 FR 33761, June 24, 1999]

§ 761.63 PCB household waste storage and disposal.

PCB household waste, as defined at §761.3, managed in a facility permitted, licensed, or 

registered by a State to manage municipal or industrial solid waste, or in a facility with an 

approval to dispose of PCB bulk product waste under §761.62(c), is not subject to any other 

requirements of part 761 of this chapter. PCB household waste stored in a unit regulated for 

storage of PCB waste must not be commingled with PCB waste.

[63 FR 35452, June 29, 1998]

§ 761.64 Disposal of wastes generated as a result of research and development activities 

authorized under §761.30(j) and chemical analysis of PCBs.

This section provides disposal requirements for wastes generated during and as a result of 
research and development authorized under §761.30(j). This section also provides disposal 

requirements for wastes generated during the chemical analysis of samples containing PCBs 

under part 761, including §§761.30, 761.60, 761.61, 761.62, and 761.79. For determining the 

presence of PCBs in samples, chemical analysis includes: sample preparation, sample extraction, 

extract cleanup, extract concentration, addition of PCB standards, and instrumental analysis.

(a) Portions of samples of a size designated in a chemical extraction and analysis method for 

PCBs and extracted for purposes of determining the presence of PCBs or concentration of PCBs 

are unregulated for PCB disposal under this part.

(b) All other wastes generated during these activities are regulated for disposal based on their 

concentration at the time of disposal as follows:

(1) Liquid wastes, including rinse solvents, must be disposed of according to §761.61(a)(5)(iv).

(2) Non-liquid wastes must be disposed of in the same manner as non-liquid cleaning materials 

and personal protective equipment waste according to §761.61(a)(5)(v)(A).

[63 FR 35452, June 29, 1998]

§ 761.65 Storage for disposal.

This section applies to the storage for disposal of PCBs at concentrations of 50 ppm or greater 

and PCB Items with PCB concentrations of 50 ppm or greater.

(a)(1) Storage limitations. Any PCB waste shall be disposed of as required by subpart D of this 

part within 1-year from the date it was determined to be PCB waste and the decision was made to 

dispose of it. This date is the date of removal from service for disposal and the point at which the 

1-year time frame for disposal begins. PCB/radioactive waste removed from service for disposal 

is exempt from the 1-year time limit provided that the provisions at paragraphs (a)(2)(ii) and 

(a)(2)(iii) of this section are followed and the waste is managed in accordance with all other 

applicable Federal, State, and local laws and regulations for the management of radioactive 

material.

(2) One-year extension. Any person storing PCB waste that is subject to the 1-year time limit for 

storage and disposal in paragraph (a)(1) of this section may provide written notification to the 

EPA Regional Administrator for the Region in which the PCB waste is stored that their 

continuing attempts to dispose of or secure disposal for their waste within the 1-year time limit 

have been unsuccessful. Upon receipt of the notice by the EPA Regional Administrator, the time 

for disposal is automatically extended for 1 additional year (2 years total) if the following 

conditions are met:

(i) The notification is received by the EPA Regional Administrator at least 30 days before the 

initial 1-year time limit expires and the notice identifies the storer, the types, volumes, and 

locations of the waste and the reasons for failure to meet the initial 1-year time limit.

(ii) A written record documenting all continuing attempts to secure disposal is maintained until 
the waste is disposed of.

(iii) The written record required by paragraph (a)(2)(ii) of this section is available for inspection 

or submission if requested by EPA.

(iv) Continuing attempts to secure disposal were initiated within 270 days after the time the 

waste was first subject to the 1-year time limit requirement, as specified in paragraph (a)(1) of 

this section. Failure to initiate and continue attempts to secure disposal throughout the total time 

the waste is in storage shall automatically disqualify the notifier from receiving an automatic 

extension under this section.

(3) Additional extensions. Upon written request, the EPA Regional Administrator for the Region 

in which the wastes are stored or the Director, National Program Chemicals Division, may grant 

additional extensions beyond the 1-year extension authorized in paragraph (a)(2) of this section. 

At the time of the request, the requestor must supply specific justification for the additional 

extension and indicate what measures the requestor is taking to secure disposal of the waste or 

indicate why disposal could not be conducted during the period of the prior extension. The EPA 

Regional Administrator or the Director, National Program Chemicals Division may require, as a 

condition to granting any extension under this section, specific actions including, but not limited 

to, marking, inspection, recordkeeping, or financial assurance to ensure that the waste does not 

pose an unreasonable risk of injury to health or the environment.

(4) Storage at an approved facility. Increased time for storage may be granted as a condition of 

any TSCA PCB storage or disposal approval, by the EPA Regional Administrator for the Region 

in which the PCBs or PCB Items are to be stored or disposed of, or by the Director, National 

Program Chemicals Division, if EPA determines that there is a demonstrated need or justification 

for additional time, that the owner or operator of the facility is pursuing relevant treatment or 

disposal options, and that no unreasonable risk of injury to health or the environment will result 

from the increased storage time. In making this determination, EPA will consider such factors as 

absence of any approved treatment technology and insufficient time to complete the treatment or 

destruction process. EPA may require as a condition of the approval that the owner or operator 

submit periodic progress reports.

(b) Except as provided in paragraphs (b)(2), (c)(1), (c)(7), (c)(9), and (c)(10) of this section, after 

July 1, 1978, owners or operators of any facilities used for the storage of PCBs and PCB Items 

designated for disposal shall comply with the following storage unit requirements:

(1) The facilities shall meet the following criteria:

(i) Adequate roof and walls to prevent rain water from reaching the stored PCBs and PCB Items;

(ii) An adequate floor that has continuous curbing with a minimum 6 inch high curb. The floor 

and curbing must provide a containment volume equal to at least two times the internal volume 

of the largest PCB Article or PCB Container or 25 percent of the total internal volume of all PCB 

Articles or PCB Containers stored there, whichever is greater. PCB/radioactive wastes are not 

required to be stored in an area with a minimum 6 inch high curbing. However, the floor and 
curbing must still provide a containment volume equal to at least two times the internal volume 

of the largest PCB Container or 25 percent of the total internal volume of all PCB Containers 

stored there, whichever is greater.

(iii) No drain valves, floor drains, expansion joints, sewer lines, or other openings that would 

permit liquids to flow from the curbed area;

(iv) Floors and curbing constructed of Portland cement, concrete, or a continuous, smooth, nonporous surface as defined at §761.3, which prevents or minimizes penetration of PCBs.

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

(2) No person may store PCBs and PCB Items designated for disposal in a storage unit other than 

one approved pursuant to paragraph (d) of this section or meeting the design requirements of 

paragraph (b) of this section, unless the unit meets one of the following conditions:

(i) Is permitted by EPA under section 3004 of RCRA to manage hazardous waste in containers, 

and spills of PCBs are cleaned up in accordance with subpart G of this part.

(ii) Qualifies for interim status under section 3005 of RCRA to manage hazardous waste in 

containers, meets the requirements for containment at §264.175 of this chapter, and spills of 

PCBs are cleaned up in accordance with subpart G of this part.

(iii) Is permitted by a State authorized under section 3006 of RCRA to manage hazardous waste 

in containers, and spills of PCBs are cleaned up in accordance with subpart G of this part.

(iv) Is approved or otherwise regulated pursuant to a State PCB waste management program no 

less stringent in protection of health or the environment than the applicable TSCA requirements 

found in this part.

(v) Is subject to a TSCA Coordinated Approval, which includes provisions for storage of PCBs, 

issued pursuant to §761.77.

(vi) Has a TSCA PCB waste management approval, which includes provisions for storage, 

issued pursuant to §761.61(c) or §761.62(c).

(c)(1) The following PCB Items may be stored temporarily in an area that does not comply with 

the requirements of paragraph (b) of this section for up to thirty days from the date of their 

removal from service, provided that a notation is attached to the PCB Item or a PCB Container 

(containing the item) indicating the date the item was removed from service:

(i) Non-leaking PCB Articles and PCB Equipment;

(ii) Leaking PCB Articles and PCB Equipment if the PCB Items are placed in a non-leaking PCB 

Container that contains sufficient sorbent materials to absorb any liquid PCBs remaining in the 

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

(iv) PCB containers containing liquid PCBs at concentrations of  50 ppm , provided a Spill 

Prevention, Control and Countermeasure Plan has been prepared for the temporary storage area 

in accordance with part 112 of this chapter and the liquid PCB waste is in packaging authorized 

in the DOT Hazardous Materials Regulations at 49 CFR parts 171 through 180 or stationary bulk 

storage tanks (including rolling stock such as, but not limited to, tanker trucks, as specified by 

DOT).

(2) Non-leaking and structurally undamaged PCB Large High Voltage Capacitors and PCBContaminated Electrical Equipment that have not been drained of free flowing dielectric fluid 

may be stored on pallets next to a storage facility that meets the requirements of paragraph (b) of 

this section. PCB-Contaminated Electrical Equipment that has been drained of free flowing 

dielectric fluid is not subject to the storage provisions of §761.65. Storage under this 

subparagraph will be permitted only when the storage facility has immediately available unfilled 

storage space equal to 10 percent of the volume of capacitors and equipment stored outside the

facility. The capacitors and equipment temporarily stored outside the facility shall be checked for 

leaks weekly.

(3) Any storage area subject to the requirements of paragraph (b) or paragraph (c)(1) of this 

section shall be marked as required in subpart C §761.40(a)(10).

(4) No item of movable equipment that is used for handling PCBs and PCB Items in the storage 

units and that comes in direct contact with PCBs shall be removed from the storage unit area 

unless it has been decontaminated as specified in §761.79.

(5) All PCB Items in storage shall be checked for leaks at least once every 30 days. Any leaking 

PCB Items and their contents shall be transferred immediately to properly marked non-leaking 

containers. Any spilled or leaked materials shall be immediately cleaned up and the materials 

and residues containing PCBs shall be disposed of in accordance with §761.61. Records of 

inspections, maintenance, cleanup and disposal must be maintained in accordance with 

§761.180(a) and (b).

(6) Except as provided in paragraphs (c)(6)(i) and (c)(6)(ii) of this section, any container used for 

the storage of liquid or non-liquid PCB waste shall be in accordance with the requirements set 

forth in the DOT Hazardous Materials Regulations (HMR) at 49 CFR parts 171 through 180. 

PCB waste not subject to the HMR (i.e., PCB wastes at concentrations of <20 ppm or <1 pound 

of PCBs regardless of concentration) must be packaged in accordance with Packaging Group III, 

unless other hazards associated with the PCB waste cause it to require packaging in accordance 

with Packaging Groups I or II. For purposes of describing PCB waste not subject to DOT's HMR 

on a manifest, one may use the term “Non-DOT Regulated PCBs.”

(i) Containers other than those meeting HMR performance standards may be used for storage of 

PCB/radioactive waste provided the following requirements are met:
(A) Containers used for storage of liquid PCB/radioactive wastes must be non-leaking.

(B) Containers used for storage of non-liquid PCB/ radioactive wastes must be designed to 

prevent the buildup of liquids if such containers are stored in an area meeting the containment 

requirements of paragraph (b)(1)(ii) of this section, as well as all other applicable State or 

Federal regulations or requirements for control of radioactive materials.

(C) Containers used to store both liquid and non-liquid PCB/radioactive wastes must meet all 

regulations and requirements pertaining to nuclear criticality safety. Acceptable container 

materials currently include polyethylene and stainless steel provided that the container material is 

chemically compatible with the wastes being stored. Other containers may be used to store both 

liquid and non-liquid PCB/radioactive wastes if the users are able to demonstrate, to the 

appropriate Regional Administrator and other appropriate regulatory authorities (i.e., Nuclear 

Regulatory Commission, Department of Energy or the Department of Transportation), that the 

use of such containers is protective of health and the environment as well as public health and 

safety.

(ii) The following DOT specification containers that conform to the requirements of 49 CFR, 

chapter I, subchapter C in effect on September 30, 1991, may be used for storage and 

transportation activities that are not subject to DOT regulation, and may be used on a transitional 

basis as permitted at 49 CFR 171.14. For liquid PCBs: Specification 5 container without 

removable head, Specification 5B container without removable head, Specification 6D overpack 

with Specification 2S or 2SL polyethylene containers, or Specification 17E container. For nonliquid PCBs: Specification 5 container, Specification 5B container, or Specification 17C 

container.

(7) Stationary storage containers for liquid PCBs can be larger than the containers specified in 

paragraph (c)(6) of this section provided that:

(i) The containers are designed, constructed, and operated in compliance with Occupational 

Safety and Health Standards, 29 CFR 1910.106, Flammable and combustible liquids. Before 

using these containers for storing PCBs, the design of the containers must be reviewed to 

determine the effect on the structural safety of the containers that will result from placing liquids 

with the specific gravity of PCBs into the containers (see 29 CFR 1910.106(b)(1)(i)(f)).

(ii) The owners or operators of any facility using containers described in paragraph (c)(7)(i) of 

this section, shall prepare and implement a Spill Prevention Control and Countermeasure (SPCC) 

Plan as described in part 112 of this title. In complying with 40 CFR part 112, the owner or 

operator shall read “oil(s)” as “PCB(s)” whenever it appears. The exemptions for storage 

capacity, 40 CFR 112.1(d)(2), and the amendment of SPCC plans by the Regional Administrator, 

40 CFR 112.4, shall not apply unless some fraction of the liquids stored in the container are oils 

as defined by section 311 of the Clean Water Act.

(8) PCB Items shall be dated on the item when they are removed from service for disposal. The 

storage shall be managed so that the PCB Items can be located by this date. Storage containers 

provided in paragraph (c)(7) of this section, shall have a record that includes for each batch of 
PCBs the quantity of the batch and date the batch was added to the container. The record shall 

also include the date, quantity, and disposition of any batch of PCBs removed from the container.

(9) Bulk PCB remediation waste or PCB bulk product waste may be stored at the clean-up site or 

site of generation for 180 days subject to the following conditions:

(i) The waste is placed in a pile designed and operated to control dispersal of the waste by wind, 

where necessary, by means other than wetting.

(ii) The waste must not generate leachate through decomposition or other reactions.

(iii) The storage site must have:

(A) A liner that is designed, constructed, and installed to prevent any migration of wastes off or 

through the liner into the adjacent subsurface soil, ground water or surface water at any time 

during the active life (including the closure period) of the storage site. The liner may be 

constructed of materials that may allow waste to migrate into the liner. The liner must be:

(1) Constructed of materials that have appropriate chemical properties and sufficient strength and 

thickness to prevent failure due to pressure gradients (including static head and external 

hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, 

climatic conditions, the stress of installation, and the stress of daily operation.

(2) Placed upon a foundation or base capable of providing support to the liner and resistance to 

pressure gradients above and below the liner to prevent failure of the liner due to settlement, 

compression, or uplift.

(3) Installed to cover all surrounding earth likely to be in contact with the waste.

(B) A cover that meets the requirements of paragraph (c)(9)(iii)(A) of this section, is installed to 

cover all of the stored waste likely to be contacted with precipitation, and is secured so as not to 

be functionally disabled by winds expected under normal seasonal meteorological conditions at 

the storage site.

(C) A run-on control system designed, constructed, operated, and maintained such that:

(1) It prevents flow onto the stored waste during peak discharge from at least a 25-year storm.

(2) It collects and controls at least the water volume resulting from a 24-hour, 25-year storm. 

Collection and holding facilities (e.g., tanks or basins) must be emptied or otherwise managed 

expeditiously after storms to maintain design capacity of the system.

(iv) The provisions of this paragraph may be modified under §761.61(c).

(10) Owners or operators of storage facilities shall establish and maintain records as provided in 

§761.180.
(d) Approval of commercial storers of PCB waste. (1) All commercial storers of PCB waste shall 

have interim approval to operate commercial facilities for the storage of PCB waste until August 

2, 1990. Commercial storers of PCB waste are prohibited from storing any PCB waste at their 

facilities after August 2, 1990 unless they have submitted by August 2, 1990 a complete 

application for a final storage approval under paragraph (d)(2) of this section. The period of 

interim approval shall continue until the Regional Administrator (or the Director of the Chemical 

Management Division (Director, National Programs Chemical Division) in cases involving 

commercial storage ancillary to a facility approved for disposal by the Director, National 

Programs Chemical Division) makes a final decision on the storage application at which time 

such interim approval shall terminate.

(2) The Regional Administrator for the region in which the storage facility is located (or the 

Director, National Programs Chemical Division, if the commercial storage area is ancillary to a 

facility approved for disposal by the Director, National Programs Chemical Division) shall grant 

written, final approval to engage in the commercial storage of PCB waste upon a determination 

by the Regional Administrator or the Director, National Programs Chemical Division, that the 

criteria in paragraph (d)(2)(i) through (d)(2)(vii) of this section have been met by the applicant:

(i) The applicant, its principals, and its key employees responsible for the establishment or 

operation of the commercial storage facility are qualified to engage in the business of 

commercial storage of PCB waste.

(ii) The facility possesses the capacity to handle the quantity of PCB waste which the owner or 

operator of the facility has estimated will be the maximum quantity of PCB waste that will be 

handled at any one time at the facility.

(iii) The owner or operator of the unit has certified compliance with the storage facility standards 

in paragraphs (b) and (c)(7) of this section.

(iv) The owner or operator has developed a written closure plan for the facility that is deemed 

acceptable by the Regional Administrator (or the Director, National Programs Chemical 

Division, if the commercial storage is ancillary to a disposal facility permitted by the Director, 

National Programs Chemical Division) under the closure plan standards of paragraph (e) of this 

section.

(v) The owner or operator has included in the application for final approval a demonstration of 

financial responsibility for closure that meets the financial responsibility standards of paragraph 

(g) of this section.

(vi) The operation of the storage facility will not pose an unreasonable risk of injury to health or 

the environment.

(vii) The environmental compliance history of the applicant, its principals, and its key employees 

may be deemed to constitute a sufficient basis for denial of approval whenever in the judgment 

of the Regional Administrator (or Director, National Programs Chemical Division) that history
of environmental civil violations or criminal convictions evidences a pattern or practice of 

noncompliance that demonstrates the applicant's unwillingness or inability to achieve and 

maintain compliance with the regulations.

(3) Applicants for storage approvals shall submit a written application that includes any relevant 

information bearing upon the qualifications of the facility's principals and key employees to 

engage in the business of commercial storage of PCB wastes. This information shall include, but 

is not limited to:

(i) The identification of the owner and the operator of the facility, including all general partners 

of a partnership, any limited partner of a partnership, any stockholder of a corporation or any 

participant in any other type of business organization or entity who owns or controls, directly or 

indirectly, more than 5 percent of each partnership, corporation, or other business organization 

and all officials of the facility who have direct management responsibility for the facility.

(ii) The identification of the person responsible for the overall operations of the facility (i.e., a 

plant manager, superintendent, or a person of similar responsibility) and the supervisory

employees who are or will be responsible for the operation of the facility.

(iii) Information concerning the technical qualifications and experience of the persons 

responsible for the overall operation of the facility and the employees responsible for handling 

PCB waste or other wastes.

(iv) Information concerning any past State or Federal environmental violations involving the 

same business or another business with which the principals or supervisory employees were 

affiliated directly that occurred within 5 years preceding the date of submission and which relate 

directly to violations that resulted in either a civil penalty (irrespective of whether the matter was 

disposed of by an adjudication or by a without prejudice settlement) or judgment of conviction 

whether entered after trial or a plea, either of guilt or nolo contendere or civil injunctive relief 

and involved storage, disposal, transport, or other waste handling activities.

(v) A list of all companies currently owned or operated in the past by the principals or key 

employees identified in paragraphs (d)(3)(i) and (d)(3)(ii) of this section that are or were directly 

or indirectly involved with waste handling activities.

(vi) The owner's or operator's estimate of maximum PCB waste quantity to be handled at the 

facility.

(vii) A written statement certifying compliance with paragraph (b) or (c) of this section and 

containing a certification as defined in §761.3.

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

(ix) The current closure cost estimate for the facility, as described in paragraph (f) of this section.

(x) A demonstration of financial responsibility to close the facility, as described in paragraph (g) 
of this section.

(4) The written approval issued by the Regional Administrator (or the Director, National 

Programs Chemical Division, if the commercial storage area is ancillary to a disposal facility 

approved by the Director, National Programs Chemical Division) shall include, but not be 

limited to, the following:

(i) The determination that the applicant has satisfied the requirements set forth in paragraph 

(d)(2) of this section, and a brief statement setting forth the basis for the determination.

(ii) Incorporation of the closure plan submitted by the facility owner or operator and approved by

the Regional Administrator (or the Director, National Programs Chemical Division, if the 

commercial storage area is ancillary to a disposal facility approved by the Director, National 

Programs Chemical Division).

(iii) A condition imposing a maximum PCB storage capacity which the facility shall not exceed 

during its PCB waste storage operations. The maximum storage capacity imposed under this 

condition shall not be greater than the estimated maximum inventory of PCB waste included in 

the owner's or operator's application for final approval.

(iv) Such other conditions as deemed necessary by the Regional Administrator (or the Director, 

National Programs Chemical Division, if the commercial storage area is ancillary to a disposal 

facility approved by the Director, National Programs Chemical Division) to ensure that the 

operations of the PCB storage facility will not pose an unreasonable risk of injury to health or the 

environment.

(5) Storage areas at transfer facilities are exempt from the requirement to obtain approval as a 

commercial storer of PCB waste under this paragraph, unless the same PCB waste is stored at 

these facilities for a period of time greater than 10 consecutive days between destinations.

(6) Storage areas at RCRA-permitted facilities may be exempt from the separate TSCA storage 

approval requirements in this paragraph (d) upon a showing to the Regional Administrator's 

satisfaction that the facility's existing RCRA closure plan is substantially equivalent to this rule's 

closure plan standards, and that such facility's closure cost estimate and financial assurance 

demonstration account for maximum PCB waste inventories, and the requirements of paragraph 

(d)(3)(i) through (d)(3)(v) and (d)(3)(vii) of this section are met. A pay-in period of longer than 3 

years after approval of the storage facility pursuant to this rule, will be acceptable to EPA if that 

pay-in period has already been established for a valid RCRA facility or previously approved 

TSCA facility.

(7) Storage areas ancillary to TSCA-approved disposal facilities may be exempt from a separate 

facility approval provided all of the following conditions are met:

(i) The current disposal approval contains an expiration date.

(ii) The current disposal approval's closure and financial responsibility conditions specifically
extend to storage areas ancillary to disposal.

(iii) The current disposal approval's closure and financial responsibility conditions provide for 

annual adjustments for inflation, and for modification when changes in operation would affect 

closure costs.

(iv) The current disposal approval contains conditions on closure and financial responsibility that 

are at least as stringent as those in paragraphs (e) and (g) of this section. However, the provision 

for a 3-year closure trust pay-in period, as specified in paragraph (g)(1)(i) of this section, would 

be waived in a case in which an approved TSCA facility or RCRA facility that covers PCB 

storage has a longer pay-in period for the trust.

(v) The current disposal approval satisfies the requirements of paragraph (d)(3)(i) through 

(d)(3)(v) of this section.

(8) The approval of any existing TSCA-approved disposal facility ancillary to a commercial 

storage facility that is deficient in any of the conditions of paragraph (d)(7)(i) through (d)(7)(v) 

of this section shall be called in by the Regional Administrator or the Director, National 

Programs Chemical Division, if it was the Director, National Programs Chemical Division who 

issued it. The approval shall be modified to meet the requirements of paragraph (d)(7) of this 

section within 180 days of the effective date of this final rule, or a separate application for 

approval of the storage facility may be submitted to the Regional Administrator or the Director, 

National Programs Chemical Division, in the cases where the Director, National Programs 

Chemical Division issued the approval.

(e) Closure. (1) A commercial storer of PCB waste shall have a written closure plan that 

identifies the steps that the owner or operator of the facility shall take to close the PCB waste 

storage facility in a manner that eliminates the potential for post-closure releases of PCBs which 

may present an unreasonable risk to human health or the environment. An acceptable closure 

plan must include, at a minimum, all of the following:

(i) A description of how the PCB storage areas of the facility will be closed in a manner that 

eliminates the potential for post-closure releases of PCBs into the environment.

(ii) An identification of the maximum extent of storage operations that will be open during the 

active life of the facility, including an identification of the extent of PCB storage operations at 

the facility relative to other wastes that will be handled at the facility.

(iii) An estimate of the maximum inventory of PCB wastes that could be handled at one time at 

the facility over its active life, and a detailed description of the methods or arrangements to be 

used during closure for removing, transporting, storing, or disposing of the facility's inventory of 

PCB waste, including an identification of any off-site facilities that will be used.

(iv) A detailed description of the steps needed to remove or decontaminate PCB waste residues 

and contaminated containment system components, equipment, structures, and soils during 

closure in accordance with the levels specified in the PCB Spills Cleanup Policy in subpart G of 
this part, including a description of the methods for sampling and testing of surrounding soils, 

and the criteria for determining the extent of removal or decontamination.

(v) A detailed description of other activities necessary during the closure period to ensure that 

any post-closure releases of PCBs will not present unreasonable risks to human health or the 

environment. This includes activities such as ground-water monitoring, run-on and run-off 

control, and facility security.

(vi) A schedule for closure of each area of the facility where PCB waste is stored or handled, 

including the total time required to close each area of PCB waste storage or handling, and the 

time required for any intervening closure activities.

(vii) An estimate of the expected year of closure of the PCB waste storage areas, if a trust fund is 

opted for as the financial mechanism.

(2) A written closure plan determined to be acceptable by the Regional Administrator (or the 

Director, National Programs Chemical Division, if the commercial storage area is ancillary to a 

disposal facility approved by the Director, National Programs Chemical Division) under this 

section shall become a condition of any approval granted under paragraph (d) of this section.

(3) A separate and new closure plan need not be submitted in cases where a facility is currently 

covered by a TSCA approval or a RCRA permit, upon a showing to the satisfaction of the 

Regional Administrator (or the Director, National Programs Chemical Division, if the 

commercial storage area is ancillary to a disposal facility approved by the Director, National 

Programs Chemical Division) that the existing closure plan is substantially equivalent to closure 

plans required under paragraphs (d) through (g) of this section, and that the plan adequately

accounts for PCB waste inventories.

(4) The commercial storer of PCB waste shall submit a written request to the Regional 

Administrator (or the Director, National Programs Chemical Division, if he approved the closure 

plan) for a modification to its storage approval to amend its closure plan, whenever:

(i) Changes in ownership, operating plans, or facility design affect the existing closure plan.

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

(iii) In conducting closure activities, unexpected events require a modification of the approved 

closure plan.

(5) The Regional Administrator or the Director, National Programs Chemical Division, if he 

approved the closure plan, may modify the existing closure plan under the conditions described 

in paragraph (e)(4) of this section.

(6) Commercial storers of PCB waste shall comply with the following closure schedule:

(i) The commercial storer shall notify in writing the Regional Administrator or the Director, 
National Programs Chemical Division if he approved the closure plan, at least 60 days prior to 

the date on which final closure of its PCB storage facility is expected to begin.

(ii) The date when a commercial storer of PCB waste “expects to begin closure” shall be no later 

than 30 days after the date on which the storage facility received its final quantities of PCB 

waste. For good cause shown, the Regional Administrator or the Director, National Programs 

Chemical Division if he approved the closure plan, may extend the date for commencement of 

closure for an additional 30-day period.

(iii) Within 90 days after receiving the final quantity of PCB waste for storage, a commercial 

storer of PCB waste shall remove all PCB waste in storage at the facility from the facility in 

accordance with the approved closure plan. For good cause shown, the Regional Administrator 

or the Director, National Programs Chemical Division if he approved the closure plan, may

approve a reasonable extension to the period for removal of the PCB waste.

(iv) A commercial storer of PCB waste shall complete closure activities in accordance with the 

approved closure plan and within 180 days after receiving the final quantity of PCB waste for 

storage at the facility. For good cause shown, the Regional Administrator or Director, National 

Programs Chemical Division if he approved the closure plan, may approve a reasonable 

extension to the closure period.

(7) During the closure period, all contaminated system component equipment, structures, and 

soils shall be disposed of in accordance with the disposal requirements of subpart D of this part, 

or, if applicable, decontaminated in accordance with the levels specified in the PCB Spills 

Cleanup Policy at subpart G of this part. When PCB waste is removed from the storage facility

during closure, the owner or operator becomes a generator of PCB waste subject to the generator 

requirements of subpart J of this part.

(8) Within 60 days of completion of closure of each facility for the storage of PCB waste, the 

commercial storer of PCB waste shall submit to the Regional Administrator (or Director, 

National Programs Chemical Division if he approved the closure plan), by registered mail, a 

certification that the PCB storage facility has been closed in accordance with the approved 

closure plan. The certification shall be signed by the owner or operator and by an independent 

registered professional engineer.

(f) Closure cost estimate. (1) A commercial storer of PCB wastes shall have a detailed estimate, 

in current dollars, of the cost of closing the facility in accordance with its approved closure plan. 

The closure cost estimate shall be in writing, be certified by the person preparing it (using the 

certification defined in §761.3) and comply with all of the following criteria:

(i) The closure cost estimate shall equal the cost of final closure at the point in the PCB storage 

facility's active life when the extent and manner of PCB storage operations would make closure 

the most expensive, as indicated by the facility's closure plan.

(ii) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third 

party to close the facility, and the third party shall not be either a corporate parent or subsidiary 

of the owner or operator, or member in joint ownership of the facility.
(iii) The owner or operator shall include in the estimate the current market costs for off-site 

commercial disposal of the facility's maximum estimated inventory of PCB wastes, except that 

on-site disposal costs may be used if on-site disposal capacity will exist at the facility at all times 

over the life of the PCB storage facility.

(iv) The closure cost estimate may not incorporate any salvage value that may be realized with 

the sale of wastes, facility structures or equipment, land, or other assets associated with the 

facility at the time of closure.

(2) During the active life of the PCB storage facility, the commercial storer of PCB waste shall 

adjust annually for inflation the closure cost estimate within 60 days prior to the anniversary date 

of the establishment of the financial instruments used to demonstrate financial responsibility for 

closure, except that owners or operators who use the financial test or corporate guarantee shall 

adjust their closure cost estimates for inflation within 30 days after the close of the storer's fiscal 

year. The adjustment may be made by recalculating the maximum costs of closure in current 

dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for 

Gross National Product published by the U.S. Department of Commerce in its Survey of Current 

Business. The Implicit Price Deflator for Gross National Product is included in a monthly

publication titled Economic Indicators, which is available from the Superintendent of 

Documents, Government Printing Office, Washington, DC 20402. The inflation factor used in 

the latter method is the result of dividing the latest published annual Deflator by the Deflator for 

the previous year. The adjustment to the closure cost estimate is then made by multiplying the 

most recent closure cost estimate by the latest inflation factor.

(3) Where the Regional Administrator (or the Director, National Programs Chemical Division, if 

he approved the closure plan) approves a modification to the facility's closure plan, and that 

modification increases the cost of closure, the owner or operator shall revise the closure cost 

estimate no later than 30 days after the modification is approved. Any such revision shall also be 

adjusted for inflation in accordance with paragraph (f)(2) of this section.

(4) The owner or operator of the facility shall keep at the facility during its operating life the 

most recent closure cost estimate, including any adjustments resulting from inflation or from 

modifications to the closure plan.

(g) Financial assurance for closure. A commercial storer of PCB waste shall establish financial 

assurance for closure of each PCB storage facility that he owns or operates. In establishing 

financial assurance for closure, the commercial storer of PCB waste may choose from the 

following financial assurance mechanisms or any combination of mechanisms:

(1) The “closure trust fund,” as specified in §264.143(a) of this chapter, except for paragraph

(a)(3) of §264.143. For purposes of this paragraph, the following provisions also apply:

(i) Payments into the trust fund shall be made annually by the owner or operator over the 

remaining operating life of the facility as estimated in the closure plan, or over 3 years, 

whichever period is shorter. This period of time is hereafter referred to as the “pay-in period.” 
For an existing facility, the first payment must be made within 30 calendar days after EPA has 

notified the facility of its conditional approval. Interim approval to operate is canceled and the 

application is denied if EPA does not receive verification that the payment was made in that 30-

day period.

(ii) For a new facility, the first payment into the closure trust fund shall be made before EPA 

grants final approval of the application and before the facility may accept the initial shipment of 

PCB waste for commercial storage. A receipt from the trustee shall be submitted by the owner or 

operator to the Regional Administrator (or the Director, National Programs Chemical Division, if 

the commercial storage area is ancillary to a disposal facility approved by the Director CMD) 

before this initial delivery of PCB waste. The first payment shall be at least equal to the current 

closure cost estimate, divided by the number of years in the pay-in period, except as provided in 

paragraph (g)(7) of this section for multiple mechanisms. Subsequent payments shall be made no 

later than 30 days after each anniversary date of the first payment. The amount of each 

subsequent payment shall be determined by subtracting the current value of the trust fund from 

the current closure cost estimate, and dividing this difference by the number of years remaining 

in the pay-in period.

(iii) If an owner or operator of a facility existing on the effective date of this paragraph 

establishes a trust fund to meet the financial assurance requirements of this paragraph, and the 

value of the trust fund is less than the current closure cost estimate when a final approval is 

granted for the facility, the amount of the current closure cost estimate still to be paid into the 

trust fund shall be paid in over the pay-in period as defined in paragraph (g)(1)(i) of this section. 

Payments shall continue to be made no later than 30 days after each anniversary date of the first 

payment made into the trust fund. The amount of each payment shall be determined by

subtracting the current value of the trust fund from the current closure cost estimate, and dividing 

this difference by the number of years remaining in the pay-in period.

(iv) The submission of a trust agreement with the wording specified in §264.151(a)(1) of this 

chapter, including any reference to hazardous waste management facilities, shall be deemed to be 

in compliance with the requirement to submit a trust agreement under this subpart.

(2) The “surety bond guaranteeing payment into a closure trust fund,” as specified in 

§264.143(b) of this chapter, including the use of the surety bond instrument specified at 

§264.151(b) of this chapter and the standby trust specified at §264.143(b)(3) of this chapter. The 

use of the surety bonds, surety bond instruments, and standby trust agreements specified in 

§§264.143(b) and 264.151(b) of this chapter shall be deemed to be in compliance with this 

subpart.

(3)(i) The “surety bond guaranteeing performance of closure,” as specified at §264.143(c) of this 

chapter, except for paragraph (c)(5) of §264.143 of this chapter. The submission and use of the 

surety bond instrument specified at §264.151(c) of this chapter and the standby trust specified at 

§264.143(c)(3) of this chapter shall be deemed to be in compliance with the requirements under 

this subpart relating to the use of surety bonds and standby trust funds.

(ii) For the purposes of this paragraph, and under the terms of the bond, the surety shall become 
liable on the bond obligation when the owner or operator fails to perform as guaranteed by the 

bond. Liability is established by a final administrative determination pursuant to section 16 of 

TSCA that the owner or operator has failed to perform final closure in accordance with the 

closure plan and other approval or regulatory requirements when required to do so.

(4)(i) The “closure letter of credit” specified in §264.143(d) of this chapter, except for paragraph 

(d)(8). The submission and use of the irrevocable letter of credit instrument specified in 

§264.151(d) of this chapter and the standby trust specified in §264.143(d)(3) of this chapter shall 

be deemed to be in compliance with the requirements of this subpart relating to the use of letters 

of credit and standby trust funds.

(ii) For the purposes of this paragraph, the Regional Administrator (or the Director, National 

Programs Chemical Division, if the commercial storage area is ancillary to a disposal facility

approved by the Director, National Programs Chemical Division) may draw on the letter of 

credit following a final administrative determination pursuant to section 16 of TSCA that the 

owner or operator has failed to perform final closure in accordance with the closure plan and 

other approval or regulatory requirements when required to do so.

(5) “Closure insurance,” as specified in §264.143(e) of this chapter, utilizing the certificate of 

insurance for closure specified at §264.151(e) of this chapter. The use of closure insurance as 

specified in §264.143(e) of this chapter and the submission and use of the certificate of insurance 

specified in §264.151(e) of this chapter shall be deemed to be in compliance with the 

requirements of this subpart relating to the use of closure insurance.

(6) The “financial test and corporate guarantee for closure,” as described in §264.143(f) of this 

chapter, including a letter signed by the owner's or operator's chief financial officer as specified 

at §264.151(f) of this chapter and, if applicable, the written corporate guarantee specified at 

§264.151(h) of this chapter. The use of the financial test and corporate guarantee specified in 

§264.143(f) of this chapter, the submission and use of the letter specified in §264.151(f) of this 

chapter, and the submission and use of the written corporate guarantee specified at §264.151(h) 

of this chapter shall be deemed to be in compliance with the requirements of this subpart relating 

to the use of financial tests and corporate guarantees.

(7) The corporate guarantee as specified in §264.143(f)(10) of this chapter.

(8) The use of multiple financial mechanisms, as specified in §264.143(g) of this chapter is 

permitted.

(9) A modification to a facility storing PCB waste that increases the maximum storage capacity 

indicated in the permit requires that a new financial assurance mechanism be established or an 

existing one be amended. When such a modification occurs, the Director of the Federal or State 

issuing authority must be notified in writing no later than 30 days from the completion of the 

modification. The new or revised financial assurance mechanism must be established and 

activated no later than 30 days after the Director of the Federal or State issuing authority is 

notified of the completion of the modification, but prior to the use of the modified portion of the 

facility.
(h) Release of owner or operator. Within 60 days after receiving certifications from the owner or 

operator and an independent registered professional engineer that final closure has been 

completed in accordance with the approved closure plan, the Regional Administrator or the 

Director, National Programs Chemical Division, if he approved the closure plan, will notify the 

owner or operator in writing that the owner or operator is no longer required by this section to 

maintain financial assurance for final closure of the facility, unless the Regional Administrator or 

the Director, National Programs Chemical Division, if he approved the closure plan, has reason 

to believe that final closure has not been completed in accordance with the approved closure 

plan. The Regional Administrator or the Director, National Programs Chemical Division, if he 

approved the closure plan, shall provide the owner or operator with a detailed written statement 

stating the reasons why he believed closure was not conducted in accordance with the approved 

closure plan.

(i) Laboratories and samples. (1) A laboratory is conditionally exempt from the notification and 

approval requirements for a commercial storer under §761.65 (d) through (h) when it stores 

samples held for disposal in a facility that complies with the standards in §761.65 (b)(1)(i) 

through (b)(1)(iv).

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

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

(ii) The sample is being transported back to the sample collector after testing.

(iii) The sample is being stored by the sample collector before transport to a laboratory for 

testing.

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

(v) The sample is being stored in a laboratory after testing but before it is returned to the sample 

collector.

(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose 

(for example, until conclusion of a court case or enforcement action where further testing of the 

sample may be necessary).

(3) In order to qualify for the exemption in paragraph (i)(2)(i) and (i)(2)(ii) of this section, a 

sample collector shipping samples to a laboratory and a laboratory returning samples to a sample 

collector must:

(i) Comply with applicable U.S. Department of Transportation (DOT) or U.S. Postal Service 

(USPS) shipping requirements, found respectively in 49 CFR 173.345 and U.S. Postal 

Regulations 652.2 and 652.3.

(ii) Assure that the following information accompanies the sample:
(A) The sample collector's name, mailing address, and telephone number.

(B) The laboratory's name, mailing address, and telephone number.

(C) The quantity of the sample.

(D) The date of shipment.

(E) A description of the sample.

(iii) Package the sample so that it does not leak, spill, or vaporize from its packaging.

(4) When the concentration of the PCB sample has been determined, and its use is terminated, 

the sample must be properly disposed. A laboratory must either manifest the PCB waste to a 

disposer or commercial storer, as required under §761.208, retain a copy of each manifest, as 

required under §761.209, and follow up on exception reporting, as required under §761.215 (a) 

and (b), or return the sample to the sample collector who must then properly dispose of the 

sample. If the laboratory returns the sample to the sample collector, the laboratory must comply

with the shipping requirements set forth in paragraph (i)(3)(i) through (i)(3)(iii) of this section.

(j) Changes in ownership or operational control of a commercial storage facility. The date of 

transfer of interim status or final approval shall be the date the EPA Regional Administrator (or 

Director, National Program Chemicals Division) provides written approval of the transfer. EPA 

will provide a final written decision within 90 days of receipt of the complete new or amended 

application. The Agency will approve the transfer if the following conditions are met:

(1) The transferee has established financial assurance for closure pursuant to paragraph (g) of 

this section using a mechanism effective as of the date of final approval so that there will be no 

lapse in financial assurance for the transferred facility.

(2) The transferor or transferee has resolved any deficiencies (e.g., technical operations, closure 

plans, cost estimates, etc.) the Agency has identified in the transferor's application.

(k) States and the Federal Government. States and the Federal Government are exempt from the 

requirements of paragraphs (f) and (g) of this section.

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

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

FR 37359, Aug. 8, 1982; 49 FR 28191, July 10, 1984; 53 FR 12524, Apr. 15, 1988; 54 FR 

52746, Dec. 21, 1989; 55 FR 695, Jan. 8, 1990; 55 FR 26205, June 27, 1990; 58 FR 15809, Mar. 

24, 1993; 58 FR 34205, June 23, 1993; 58 FR 59374, Nov. 9, 1993; 63 FR 35439, 35452, June 

29, 1998]

§ 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 D482-87, 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 nonporous 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 selfimplementing 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 riskmitigating 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 lowconcentration spills involving 1 lb or more PCBs by weight and of all spills of materials other 

than low-concentration materials shall be considered complete if all of the immediate 

requirements, cleanup standards, sampling, and recordkeeping requirements of paragraphs (c) (1) 

through (5) of this section are met.

(1) Immediate requirements. The four actions in paragraphs (c)(1) (i) through (iv) of this section 

must be taken as quickly as possible and within no more than 24 hours (or within 48 hours for 

PCB Transformers) after the responsible party was notified or became aware of the spill, except 

that actions described in paragraphs (c)(1) (ii) through (iv) of this section can be delayed beyond 

24 hours if circumstances (e.g., civil emergency, hurricane, tornado, or other similar adverse 

weather conditions, lack of access due to physical impossibility, or emergency operating 

conditions) so require for the duration of the adverse conditions. The occurrence of a spill on a 
weekend or overtime costs are not acceptable reasons to delay response. Owners of spilled PCBs 

who have delayed cleanup because of these types of circumstances must keep records 

documenting the fact that circumstances precluded rapid response.

(i) The responsible party shall notify the EPA regional office and the NRC as required by 

§761.125(a)(1) or by other applicable statutes.

(ii) The responsible party shall effectively cordon off or otherwise delineate and restrict an area 

encompassing any visible traces plus a 3-foot buffer and place clearly visible signs advising 

persons to avoid the area to minimize the spread of contamination as well as the potential for 

human exposure.

(iii) The responsible party shall record and document the area of visible contamination, noting 

the extent of the visible trace areas and the center of the visible trace area. If there are no visible 

traces, the responsible party shall record this fact and contact the regional office of the EPA for 

guidance in completing statistical sampling of 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.

(vii) For any PCBs or PCB item received from or shipped to another facility owned or operated 

by the same generator, the information required under paragraph (a)(2)(ii)(A) through 

(a)(2)(ii)(D) of this section.

(viii) A record of each telephone call, or other means of verification agreed upon by both parties, 

made to each designated commercial storer or designated disposer to confirm receipt of PCB 

waste transported by an independent transporter, as required by §761.208.

(ix) Whenever a PCB Item, excluding small capacitors, with a concentration of  50 ppm is 

distributed in commerce for reuse pursuant to §761.20(c)(1), the name, address, and telephone 

number of the person to whom the item was transferred, date of transfer, and the serial number of 

the item or the internal identification number, if a serial number is not available, must be 

recorded in the annual document log. The serial number or internal identification number shall 

be permanently marked on the equipment.

(3) [Reserved]

(4) For purposes of this paragraph, PCB Voltage Regulators shall be recorded as PCB 

Transformers.

(b) Disposers and commercial storers of PCB waste. Beginning February 5, 1990, each owner or 

operator of a facility (including high efficiency boiler operations) used for the commercial 

storage or disposal of PCBs and PCB Items shall maintain annual records on the disposition of 

all PCBs and PCB items at the facility and prepare and maintain a written annual document log 

that includes the information required by paragraphs (b)(2) of this section for PCBs and PCB 

Items that were handled as PCB waste at the facility. The written annual document log shall be 

prepared by July 1 for the previous calendar year (January through December). The written 

annual document log shall be maintained at each facility for at least 3 years after the facility is no 

longer used for the storage or disposal of PCBs and PCB Items except that, in the case of 

chemical waste landfills, the annual document log shall be maintained at least 20 years after the 

chemical waste landfill is no longer used for the disposal of PCBs and PCB Items. The annual 

records shall be maintained for the same period. The annual records and written annual 

document log shall be available at the facility for inspection by authorized representatives of the 

EPA. All records and annual documents required to be prepared and maintained by this section 
prior to February 5, 1990 shall continue to be maintained at the facility for the same time as the 

annual records and the annual document log. The annual document for 1989 shall cover the 

period from January 1, 1989 to February 5, 1990. From the written annual document log the 

owner or operator of a facility must prepare the annual report containing the information required 

by paragraphs (b)(3)(i) through (b)(3)(vi) of this section for PCBs and PCB Items that were 

handled as PCB waste at the facility during the previous calendar year (January through 

December). The annual report must be submitted by July 15 of each year for the preceding 

calendar year. If the facility ceases commercial PCB storage or disposal operations, the owner or 

operator of the facility shall provide at least 60 days advance written notice to the Regional 

Administrator for the region in which the facility is located of the date the facility intends to 

begin closure. d

(1) The annual records shall include the following:

(i) All signed manifests generated or received at the facility during the calendar year.

(ii) All Certificates of Disposal that have been generated or received by the facility during the 

calendar year.

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

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

(i) The name, address, and EPA identification number of the storage or disposal facility covered 

by the annual document log and the calendar year covered by the annual document log.

(ii) For each manifest generated or received by the facility during the calendar year, the unique 

manifest number and the name and address of the facility that generated the manifest and the 

following information:

(A) For bulk PCB waste (e.g., in a tanker or truck), its weight in kilograms, the first date PCB 

waste placed in the tanker or truck was removed from service for disposal, the date it was 

received at the facility, the date it was placed in transport for off-site disposal (if applicable), and 

the date of disposal, (if known ).

(B) The serial number or other means of identifying each PCB Article, not in a PCB Container or 

PCB Article Container, the weight in kilograms of the PCB waste in the PCB Article, the date it 

was removed from service for disposal, the date it was received at the facility, the date it was 

placed in transport for off-site disposal (if applicable), and the date of disposal (if known).

(C) The unique number assigned by the generator identifying each PCB Container, a description 

of the contents of each PCB Container, such as liquid, soil, cleanup debris, etc., including the 

total weight of the PCB waste in kilograms in each PCB Container, the first date PCB waste 

placed in each PCB Container was removed from service for disposal, the date it was received at 

the facility, the date each PCB Container was placed in transport for off-site storage or disposal 

(as applicable), and the date the PCB Container was disposed of (if known).
(D) The unique number assigned by the generator identifying each PCB Article Container, a 

description of the contents of each PCB Article Container, such as pipes, capacitors, electric 

motors, pumps, etc., including the total weight in kilograms of the PCB waste in each PCB 

Article Container, the first date a PCB Article placed in each PCB Article Container was 

removed from service for disposal, the date it was received at the facility, the date each PCB 

Article Container was placed in transport for off-site storage or disposal (as applicable), and the 

date the PCB Article Container was disposed of (if known).

(E) Disposers of PCB waste shall include the confirmed date of disposal for items in paragraphs 

(b)(2)(ii)(A) through (b)(2)(ii)(D) of this section.

(iii) For any PCB waste disposed at a facility that generated the PCB waste or any PCB waste 

that was not manifested to the facility, the information required under paragraph (b)(2)(ii)(A) 

through (b)(2)(ii)(E) of this section.

(3) The owner or operator of a PCB disposal facility (including an owner or operator who 

disposes of his/her own waste and does not receive or generate manifests) or a commercial 

storage facility shall submit an annual report, which briefly summarizes the records and annual 

document log required to be maintained and prepared under paragraphs (b)(1) and (b)(2) of this 

section to the EPA Regional Administrator of the Region in which the facility is located by July

15 of each year, beginning with July 15, 1991. The first annual report submitted on July 15, 

1991, shall be for the period starting February 5, 1990, and ending December 31, 1990. The 

annual report shall contain no confidential business information. The annual report shall consist 

of the information listed in paragraphs (b)(3)(i) through (b)(3)(vi) of this section.

(i) The name, address, and EPA identification number of the facility covered by the annual report 

for the calendar year.

(ii) A list of the numbers of all signed manifests of PCB waste initiated or received by the facility

during that year.

(iii) The total weight in kilograms of bulk PCB waste, PCB waste in PCB Transformers, PCB 

waste in PCB Large High or Low Voltage Capacitors, PCB waste in PCB Article Containers, 

and PCB waste in PCB Containers in storage at the facility at the beginning of the calendar year, 

received or generated at the facility, transferred to another facility, or disposed of at the facility 

during the calendar year. The information must be provided for each of these categories, as 

appropriate.

(iv) The total number of PCB Transformers, the total number of PCB Large High or Low 

Voltage Capacitors, the total number of PCB Article Containers, and the total number of PCB 

Containers in storage at the facility at the beginning of the calendar year, received or generated at 

the facility, transferred to another facility, or disposed of at the facility during the calendar year. 

The information must be provided for each of these categories, as appropriate.

(v) The total weight in kilograms of each of the following PCB categories: bulk PCB waste, PCB 
waste in PCB Transformers, PCB waste in PCB Large High or Low Voltage Capacitors, PCB 

waste in PCB Article Containers, and PCB waste in PCB Containers remaining in storage for 

disposal at the facility at the end of the calendar year.

(vi) The total number of PCB Transformers, the total number of PCB Large High or Low 

Voltage Capacitors, the total number of PCB Article Containers, and the total number of PCB 

Containers remaining in storage for disposal at the facility at the end of the calendar year.

(vii) The requirement to submit annual reports to the Regional Administrator continues until the 

submission of the annual report for the calendar year during which the facility ceases PCB 

storage or disposal operations. Storage operations have not ceased until all PCB waste, including 

any PCB waste generated during closure, has been removed from the facility.

(4) Whenever a commercial storer of PCB waste accepts PCBs or PCB Items at his storage 

facility and transfers the PCB waste off-site to another facility for storage or disposal, the 

commercial storer of PCB waste shall initiate a manifest under subpart K of this part for the 

transfer of PCBs or PCB Items to the next storage or disposal facility.

Note:

Any requirements for weights in kilograms of PCBs may be calculated values if the internal 

volume of PCBs in containers and transformers is known and included in the reports, together 

with any assumptions on the density of the PCBs contained in the containers or tranformers. If 

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

(5) For purposes of this paragraph, PCB Voltage Regulators shall be recorded and reported as 

PCB Transformers.

(c) Incineration facilities. Each owner or operator of a PCB incinerator facility shall collect and 

maintain for a period of 5 years from the date of collection the following information, in addition 

to the information required in paragraph (b) of this section:

(1) When PCBs are being incinerated, the following continuous and short-interval data:

(i) Rate and quantity of PCBs fed to the combustion system as required in §761.70(a)(3);

(ii) Temperature of the combustion process as required in §761.70(a)(4); and

(iii) Stack emission product to include O2, CO, and CO2 as required in §761.70(a)(7).

(2) When PCBs are being incinerated, data and records on the monitoring of stack emissions as 

required in §761.70(a)(6).

(3) Total weight in kilograms of any solid residues generated by the incineration of PCBs and 

PCB Items during the calendar year, the total weight in kilograms of any solid residues disposed 

of by the facility in chemical waste landfills, and the total weight in kilograms of any solid 

residues remaining on the facility site.
(4) When PCBs and PCB Items are being incinerated, additional periodic data shall be collected 

and maintained as specified by the Regional Administrator pursuant to §761.70(d)(4).

(5) Upon any suspension of the operation of any incinerator pursuant to §761.70(a)(8), the owner 

or operator of such an incinerator shall prepare a document. The document shall, at a minimum, 

include the date and time of the suspension and an explanation of the circumstances causing the 

suspension of operation. The document shall be sent to the appropriate Regional Administrator 

within 30 days of any such suspension.

(d) Chemical waste landfill facilities. Each owner or operator of a PCB chemical waste landfill 

facility shall collect and maintain until at least 20 years after the chemical waste landfill is no 

longer used for the disposal of PCBs the following information in addition to the information 

required in paragraph (b) of this section:

(1) Any water analysis obtained in compliance with §761.75(b)(6)(iii); and

(2) Any operations records including burial coordinates of wastes obtained in compliance with 

§761.75(b)(8)(ii).

(e) High efficiency boiler facilities. Each owner or operator of a high efficiency boiler used for 

the disposal of liquids between 50 and 500 ppm PCB shall collect and maintain for a period of 5 

years the following information, in addition to the information required in paragraph (b) of this 

section:

(1) For each month PCBs are burned in the boiler the carbon monoxide and excess oxygen data 

required in §761.71(a)(1)(viii) and §761.71(b)(1)(viii);

(2) The quantity of PCBs burned each month as required in §761.71(a)(1)(vii) and 

§761.71(b)(1)(vii); and

(3) For each month PCBs (other than mineral oil dielectric fluid) are burned, chemical analysis 

data of the waste as required in §761.71(b)(2)(vi).

(f) Retention of special records by storage and disposal facilities. In addition to the information 

required to be maintained under paragraphs (b), (c), (d) and (e) of this section, each owner or 

operator of a PCB storage or disposal facility (including high efficiency boiler operations) shall 

collect and maintain for the time period specified in paragraph (b) of this section the following 

data:

(1) All documents, correspondence, and data that have been provided to the owner or operator of 

the facility by any State or local government agency and that pertain to the storage or disposal of 

PCBs and PCB Items at the facility.

(2) All documents, correspondence, and data that have been provided by the owner or operator of 

the facility to any State or local government agency and that pertain to the storage or disposal of 

PCBs and PCB Items at the facility.
(3) Any applications and related correspondence sent by the owner or operator of the facility to 

any local, State, or Federal authorities in regard to waste water discharge permits, solid waste 

permits, building permits, or other permits or authorizations such as those required by 

§§761.70(d) and 761.75(c).

(g) Reclassification records. If you reclassify electrical equipment using the procedures in 

§761.30(a)(2)(v) or §761.30(h)(2)(v), you must keep records showing that you followed the 

required reclassification procedures. Where these procedures require testing, the records must 

include copies of pre- and post-reclassification PCB concentration measurements from a 

laboratory using quality control and quality assurance procedures. You must make these records 

available promptly to EPA or to any party possessing the equipment through sale, loan, lease, or 

for servicing. You must retain the records for at least 3 years after you sell or dispose of the 

equipment.

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

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

redesignated at 47 FR 37360, Aug. 25, 1982; 49 FR 28191, July 10, 1984; 53 FR 12524, Apr. 15, 

1988; 54 FR 52750, Dec. 21, 1989; 55 FR 26205, June 27, 1990; 58 FR 34205, June 23, 1993; 

63 FR 35461, June 29, 1998; 66 FR 17619, Apr. 2, 2001]

§ 761.185 Certification program and retention of records by importers and persons generating 

PCBs in excluded manufacturing processes.

(a) In addition to meeting the basic requirements of §761.1(f) and the definition of excluded 

manufacturing processes at §761.3, manufacturers with processes inadvertently generating PCBs 

and importers of products containing inadvertently generated PCBs must report to EPA any 

excluded manufacturing process or imports for which the concentration of PCBs in products 

leaving the manufacturing site or imported is greater than 2 micrograms per gram (2 g/g, 

roughly 2 ppm) for any resolvable gas chromatographic peak. Such reports must be filed by

October 1, 1984 or, if no processes or imports require reports at the time, within 90 days of 

having processes or imports for which such reports are required.

(b) Manufacturers required to report by paragraph (a) of this section must transmit a letter 

notifying EPA of the number, the type, and the location of excluded manufacturing processes in 

which PCBs are generated when the PCB level in products leaving any manufacturing site is 

greater than 2 g/g for any resolvable gas chromatographic peak. Importers required to report by 

paragraph (a) of this section must transmit a letter notifying EPA of the concentration of PCBs in 

imported products when the PCB concentration of products being imported is greater than 2 

g/g for any resolvable gas chromatographic peak. Persons must also certify the following:

(1) Their compliance with all applicable requirements of §761.1(f), including any applicable 

requirements for air and water releases and process waste disposal.

(2) Whether determinations of compliance are based on actual monitoring of PCB levels or on 
theoretical assessments.

(3) That such determinations of compliance are being maintained.

(4) If the determination of compliance is based on a theoretical assessment, the letter must also 

notify EPA of the estimated PCB concentration levels generated and released.

(c) Any person who reports pursuant to paragraph (a) of this section:

(1) Must have performed either a theoretical analysis or actual monitoring of PCB 

concentrations.

(2) Must maintain for a period of three years after ceasing process operations or importation, or 

for seven years, whichever is shorter, records containing the following information:

(i) Theoretical analysis. Manufacturers records must include: the reaction or reactions believed to 

be generating PCBs; the levels of PCBs generated; and the levels of PCBs released. Importers 

records must include: the reaction or reactions believed to be generating PCBs and the levels of 

PCBs generated; the basis for all estimations of PCB concentrations; and the name and 

qualifications of the person or persons performing the theoretical analysis; or

(ii) Actual monitoring. (A) The method of analysis.

(B) The results of the analysis, including data from the Quality Assurance Plan.

(C) Description of the sample matrix.

(D) The name of the analyst or analysts.

(E) The date and time of the analysis.

(F) Numbers for the lots from which the samples are taken.

(d) The certification required by paragraph (b) of this section must be signed by a responsible 

corporate officer. This certification must be maintained by each facility or importer for a period 

of three years after ceasing process operation or importation, or for seven years, whichever is 

shorter, and must be made available to EPA upon request. For the purpose of this section, a 

responsible corporate officer means:

(1) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar policy or decision-making functions 

for the corporation.

(2) The manager of one or more manufacturing, production, or operating facilities employing 

more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in 

second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the 
manager in accordance with corporate procedures.

(e) Any person signing a document under paragraph (d) of this section shall also make the 

following certification:

I certify under penalty of law that this document and all attachments were prepared under my 

direction or supervision in accordance with a system designed to assure that qualified personnel 

properly gather and evaluate information. Based on my inquiry of the person or persons directly

responsible for gathering information, the information is, to the best of my knowledge and belief, 

true, accurate, and complete. I am aware that there are significant penalties for falsifying 

information, including the possibility of fines and imprisonment for knowing violations.

Dated: Signature:

(f) This report must be submitted to the Document Control Office (7407), Office of Pollution 

Prevention and Toxics, U.S. Environmental Protection Agency, Room G–099, 1200 

Pennsylvania Ave., NW., Washington, DC 20460, ATTN: PCB Notification. This report must be 

submitted by October 1, 1984 or within 90 days of starting up processes or commencing 

importation of PCBs.

(g) This certification process must be repeated whenever process conditions are significantly 

modified to make the previous certification no longer valid.

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

[49 FR 28191, July 10, 1984; 49 FR 33019, Aug. 20, 1984, as amended at 53 FR 12524, Apr. 15, 

1988; 58 FR 34205, June 23, 1993; 59 FR 33697, June 30, 1994; 60 FR 34465, July 3, 1995]

§ 761.187 Reporting importers and by persons generating PCBs in excluded manufacturing 

processes.

In addition to meeting the basic requirements of §761.1(f) and the definition of excluded 

manufacturing process at §761.3, PCB-generating manufacturing processes or importers of PCBcontaining products shall be considered “excluded manufacturing processes” only when the 

following conditions are met:

(a) Data are reported to the EPA by the owner/operator or importer concerning the total quantity

of PCBs in product from excluded manufacturing processes leaving any manufacturing site in 

any calendar year when such quantity exceeds 0.0025 percent of that site's rated capacity for 

such manufacturing processes as of October 1, 1984; or the total quantity of PCBs imported in 

any calendar year when such quantity exceeds 0.0025 percent of the average total quantity of 

such product containing PCBs imported by such importer during the years 1978, 1979, 1980, 

1981 and 1982.

(b) Data are reported to the EPA by the owner/operator concerning the total quantity of 

inadvertently generated PCBs released to the air from excluded manufacturing processes at any 

manufacturing site in any calendar year when such quantity exceeds 10 pounds.
(c) Data are reported to the EPA by the owner/operator concerning the total quantity of 

inadvertently generated PCBs released to water from excluded manufacturing processes from 

any manufacturing site in any calendar year when such quantity exceeds 10 pounds.

(d) These reports must be submitted to the Document Control Office (7407), Office of Pollution 

Prevention and Toxics, U.S. Environmental Protection Agency, Room G–099, 1200 

Pennsylvania Ave., NW., Washington, DC 20460, ATTN: PCB Notification.

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

[49 FR 28192, July 10, 1984, as amended at 53 FR 12524, Apr. 15, 1988; 58 FR 34205, June 23, 

1993; 59 FR 33697, June 30, 1994; 60 FR 34465, July 3, 1995]

§ 761.193 Maintenance of monitoring records by persons who import, manufacture, process, 

distribute in commerce, or use chemicals containing inadvertently generated PCBs.

(a) Persons who import, manufacture, process, distribute in commerce, or use chemicals 

containing PCBs present as a result of inadvertent generation or recycling who perform any 

actual monitoring of PCB concentrations must maintain records of any such monitoring for a 

period of three years after a process ceases operation or importing ceases, or for seven years, 

whichever is shorter.

(b) Monitoring records maintained pursuant to paragraph (a) of this section must contain:

(1) The method of analysis.

(2) The results of the analysis, including data from the Quality Assurance Plan.

(3) Description of the sample matrix.

(4) The name of the analyst or analysts.

(5) The date and time of the analysis.

(6) Numbers for the lots from which the samples are taken.

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

[49 FR 28193, July 10, 1984, as amended at 58 FR 34205, June 23, 1993]

Subpart K—PCB Waste Disposal Records and Reports

Source: 54 FR 52752, Dec. 21, 1989, unless otherwise noted.

§ 761.202 EPA identification numbers.
(a) General. Any generator, commercial storer, transporter, or disposer of PCB waste who is 

required to have an EPA identification number under this subpart must notify EPA of his/her 

PCB waste handling activities, using the notification procedures and form described in §761.205. 

EPA will confirm the EPA identification number of facilities already assigned one, and will 

assign an EPA identification number to facilities that do not have one.

(b) Prohibitions. After June 4, 1990:

(1) A generator of PCB waste shall not:

(i) Process, store, dispose of, transport, or offer for transportation PCB waste without having 

received an EPA identification number from the Agency. A generator of PCB waste who is 

exempted from notification under §761.205(c)(1) or who notifies EPA in a timely manner under 

§761.205(c)(2)(i), but has not yet received a unique identification number, shall be regarded as 

having received from EPA the identification number “40 CFR PART 761.”

(ii) Offer the PCB waste to transporters, disposers, or commercial storers of PCB waste who 

have not received an EPA identification number.

(2) A transporter of PCB waste shall not:

(i) Transport PCB waste without having received an EPA identification number from EPA.

(ii) Deliver PCB waste to transporters, disposers, or commercial storers of PCB waste that have 

not received an EPA identification number.

(3) A commercial storer of PCB waste shall not accept any PCB waste for storage without 

having received an EPA identification number from EPA.

(4) A disposer of PCB waste shall not accept any PCB waste for disposal without having 

received an EPA identification number from EPA. A disposer of PCB waste who owns more 

than one disposal facility or mobile treatment unit shall not accept waste unless the disposer has 

received an EPA identification number for each facility or mobile unit.

(c) PCB waste handled prior to effective date of this subpart. Generators (other than generators 

exempt from notification under §761.205(c)(1)), commercial storers, transporters, and disposers 

of PCB waste who are required to have EPA identification numbers under this subpart, and who 

were engaged in PCB waste handling activities on or prior to February 5, 1990, are not subject to 

the prohibitions of paragraph (b) of this section if they have applied for an EPA identification 

number in accordance with the applicable notification procedures of §761.205. Such persons 

shall use the EPA identification number “40 CFR PART 761,” or a number assigned to the 

persons by EPA or a State under RCRA, until EPA issues to such persons a specific 

identification number under §761.205(a), (b), or (c).

(d) PCB waste first handled after effective date of this subpart. Generators (other than generators 
exempt from notification under §761.205(c)(1)), commercial storers, transporters, and disposers 

of PCB waste who are required to have EPA identification numbers under this subpart, and who 

first engage in PCB waste activities after February 5, 1990, are subject to the prohibitions in 

paragraph (b) of this section.

§ 761.205 Notification of PCB waste activity (EPA Form 7710–53).

(a)(1) All commercial storers, transporters, and disposers of PCB waste who were engaged in 

PCB waste handling activities on or prior to February 5, 1990 shall notify EPA of their PCB 

waste activities by filing EPA Form 7710–53 with EPA by no later than April 4, 1990. Upon 

receiving the notification form, EPA will assign an EPA identification number to each entity that 

notifies.

(2) All generators (other than generators exempt from notification under paragraph (c)(1) of this 

section), commercial storers, transporters, and disposers of PCB waste who first engage in PCB 

waste handling activities after February 5, 1990, shall notify EPA of their PCB waste activities 

by filing EPA Form 7710–53 with EPA prior to engaging in PCB waste handling activities.

(3) Any person required to notify EPA under this section shall file with EPA Form 7710–53. 

Copies of EPA Form 7710–53 are available from the Operation Branch (7404), Office of 

Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St. SW., 

Washington, DC 20460. Descriptive information and instructions for filling in the form are 

included in paragraphs (a)(4) (i) through (vii) of this section.

(4) All of the following information shall be provided to EPA on Form 7710–53:

(i) The name of the facility, and the name of the owner or operator of the facility.

(ii) EPA identification number, if any, previously issued to the facility.

(iii) The facility's mailing address.

(iv) The location of the facility.

(v) The facility's installation contact and telephone number.

(vi) The type of PCB waste activity engaged in at the facility.

(vii) Signature of the signer of the certification statement, typed or printed name and official title 

of signer, and date signed.

(viii) EPA has determined that the information in paragraphs (a)(4)(i) through (a)(4)(vii) of this 

section shall not be treated as confidential business information. This information will be 

disclosed to the public without further notice to the submitter unless the submitter provides a 

written justification (submitted with the notification form) which demonstrates extraordinary

reasons why the information should be entitled to confidential treatment.
(b) Generators (other than those generators exempt from notification under paragraph (c)(1) of 

this section), commercial storers, transporters, and disposers of PCB waste who have previously

notified EPA or a State of hazardous waste activities under RCRA shall notify EPA of their PCB 

waste activities under this part by filing EPA Form 7710–53 with EPA by no later than April 4, 

1990. The notification shall include the EPA identification number previously issued by EPA or 

the State and upon receipt of the notification, EPA shall verify and authorize the use of the 

previously issued identification number for PCB waste activities.

(c)(1) Generators of PCB waste need not notify EPA and receive unique EPA identification 

numbers under this section, unless their PCB waste activities are described in paragraph (c)(2) of 

this section. Generators exempted from notifying EPA under this paragraph shall use the generic 

identification number “40 CFR PART 761” on the manifests, records, and reports which they

shall prepare under this subpart, unless such generators elect to use a unique EPA identification 

number previously assigned to them under RCRA by EPA or a State.

(2) Generators of PCB waste who use, own, service, or process PCBs or PCB Items shall notify

EPA of their PCB waste activities only if they own or operate PCB storage facilities subject to 

the storage requirements of §761.65 (b) or (c)(7). Such generators shall notify EPA in the 

following manner:

(i) Generators storing PCB waste subject to the storage requirements of §761.65 (b) or (c)(7) 

shall notify EPA by filing EPA Form 7710–53 with EPA by no later than April 4, 1990.

(ii) Generators who desire to commence storage of PCB waste after February 5, 1990 shall notify

EPA and receive an EPA identification number before they may commence storage of PCBs at 

their facilities established under §761.65 (b) or (c)(7).

(iii) A separate notification shall be submitted to EPA for each PCB storage facility owned or 

operated by generators of PCB waste. Upon receiving these notifications, EPA will assign 

generators unique EPA identification numbers for each storage facility notifying EPA under this 

section.

(d) Persons required to notify under this section shall file EPA Form 7710–53 with EPA by

mailing the form to the following address: Chief, Operation Branch (7404), Office of Pollution 

Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460.

(e) The requirements under this section to notify EPA and obtain EPA identification numbers 

shall in no case excuse compliance by any person subject to the 1-year limit on storage prior to 

disposal under §761.65(a).

(f) When a facility has previously notified EPA of its PCB waste handling activities using EPA 

Form 7710-53 and those activities change, the facility must resubmit EPA Form 7710-53 to 

reflect those changes no later than 30 days from when a change is made. Examples of when a 

PCB waste handler must renotify the Agency include, but are not limited to the following: the 
company changes location of the facility; or the company had notified solely as engaging in a 

certain type of PCB waste handling activity and now wishes to engage in another PCB waste 

activity (e.g., previously only commercially stored PCB waste and now wishes to transport PCB 

waste).

[54 FR 52752, Dec. 21, 1989, as amended at 58 FR 15809, Mar. 24, 1993; 58 FR 34205, June 

23, 1993; 59 FR 33697, June 30, 1994; 63 FR 35461, June 29, 1998]

§ 761.207 The manifest—general requirements.

(a) A generator who relinquishes control over PCB wastes by transporting, or offering for 

transport by his own vehicle or by a vehicle owned by another person, PCB waste for 

commercial off-site storage or off-site disposal shall prepare a manifest on EPA Form 8700–22, 

and if necessary, a continuation sheet. The generator shall specify:

(1) For each bulk load of PCBs, the identity of the PCB waste, the earliest date of removal from 

service for disposal, and the weight in kilograms of the PCB waste.

(2) For each PCB Article Container or PCB Container, the unique identifying number, type of 

PCB waste (e.g., soil, debris, small capacitors), earliest date of removal from service for 

disposal, and weight in kilograms of the PCB waste contained.

(3) For each PCB Article not in a PCB Container or PCB Article Container, the serial number if 

available, or other identification if there is no serial number, the date of removal from service for 

disposal, and weight in kilograms of the PCB waste in each PCB Article.

(b) EPA does not maintain supplies of printed copies of Form 8700–22 for public use, although 

printed copies of the manifest may be available from State offices. Camera-ready copies of the 

form are available for printing purposes from State offices, EPA Regional Offices, and EPA 

Headquarters.

(c) If the State to which the shipment is manifested (i.e., consignment State) supplies the 

manifest and requires its use, then the generator must use that manifest.

(d) If the consignment State does not supply the manifest, but the State in which the generator is 

located (i.e., generator State) supplies the manifest and requires its use, then the generator must 

use that State's manifest.

(e) If both the consignment State and the generator State supply manifests and require their use, 

the generator must use the consignment State's manifest.

(f) If neither the generator State nor the consignment State supplies the manifest, the generator 

may obtain the manifest from any source.

(g) A generator shall designate on the manifest one off-site commercial storage or disposal 

facility approved under this part for the commercial storage or disposal of the PCBs and PCB 

Items described on the manifest.
(h) If the transporter is unable to deliver the PCB waste to the designated disposer or commercial 

storer, the transporter must contact the generator of the PCB waste for instructions. The 

generator shall either designate another approved disposer or commercial storer, or instruct the 

transporter to return the PCB waste back to the generator.

(i) The manifest which accompanies the PCB waste shall consist of at a minimum the number of 

copies required to provide the generator, the initial transporter, each subsequent transporter, and 

the owner or operator of the designated commercial storage or disposal facility with one legible 

copy each for their records, and one additional copy to be returned to the generator by the owner 

or operator of the first designated commercial storage or disposal facility.

(j) The requirements of this section apply only to PCB wastes as defined in §761.3. This includes 

PCB wastes with PCB concentrations below 50 ppm where the PCB concentration below 50 ppm 

was the result of dilution; these PCB wastes are required under §761.1(b) to be managed as if 

they contained PCB concentrations of 50 ppm and above. An example of such a PCB waste is 

spill cleanup material containing <50 ppm PCBs when the spill involved material containing 

PCBs at a concentration of  50 ppm . However, there is no manifest requirement for material 

currently below 50 ppm which derives from pre-April 18, 1978, spills of any concentration, preJuly 2, 1979, spills of < 500 ppm PCBs, or materials decontaminated in accordance with 

§761.79.

[54 FR 52752, Dec. 21, 1989, as amended at 63 FR 35461, June 29, 1998]

§ 761.208 Use of the manifest.

(a)(1) The generator of PCB waste shall:

(i) Sign the manifest certification by hand.

(ii) Obtain the handwritten signature of the initial transporter and date of acceptance on the 

manifest.

(iii) Retain one copy among its records in accordance with §761.209(a).

(iv) Give to the transporter the remaining copies of the manifest that will accompany the 

shipment of PCB waste.

(2) For bulk shipments of PCB waste within the United States transported solely by water, the 

generator shall send three copies of the manifest dated and signed in accordance with this section 

directly to the owner or operator of the designated commercial storage or disposal facility. 

Copies of the manifest are not required for each transporter.

(3) For rail shipments of PCB waste within the United States which originate at the site of 

generation, the generator shall send at least three copies of the manifest dated and signed in 

accordance with this section to:
(i) The next non-rail transporter, if any.

(ii) The designated commercial storage or disposal facility if transported solely by rail.

(4) When a generator has employed an independent transporter to transport the PCB waste to a 

commercial storer or disposer, the generator shall confirm by telephone, or by other means of 

confirmation agreed to by both parties, that the commercial storer or disposer actually received 

the manifested waste. The generator shall confirm receipt of the waste by close of business the 

day after he receives the manifest hand-signed by the commercial storer or disposer, in 

accordance with paragraph (c)(1)(iv) of this section. If the generator has not received the handsigned manifest within 35 days after the independent transporter accepted the PCB waste, the 

generator shall telephone, or communicate with by some other agreed-upon means, the disposer 

or commercial storer to determine whether the PCB waste has actually been received. If the PCB 

waste has not been received, the generator shall contact the independent transporter to determine 

the disposition of the PCB waste. If the generator has not received a hand-signed manifest from 

an EPA-approved facility within 10 days from the date of the telephone call or other agreed upon 

means of communication, to the independent transporter, the generator shall submit an exception 

report to the EPA Regional Administrator for the Region in which the generator is located, as 

specified in §761.215. The generator shall retain a written record of all telephone or other 

confirmations to be included in the annual document log, in accordance with §761.180.

(b)(1) A transporter shall not accept PCB waste from a generator unless it is accompanied by a 

manifest signed by the generator in accordance with paragraph (a)(1) of this section, except that 

a manifest is not required if any one of the following conditions exists:

(i) The shipment of PCB waste consists solely of PCB wastes with PCB concentrations below 50 

ppm, unless the PCB concentration below 50 ppm was the result of dilution, in which case 

§761.1(b) requires that the waste be managed as if it contained PCBs at the concentration prior to 

dilution.

(ii) The PCB waste is accepted by the transporter for transport only to a storage or disposal 

facility owned or operated by the generator of the PCB waste.

(2) Before transporting the PCB waste, the transporter shall sign and date the manifest 

acknowledging acceptance of the PCB waste from the generator. The transporter shall return a 

signed copy to the generator before leaving the generator's facility.

(3) The transporter shall ensure that the manifest accompanies the PCB waste.

(4) A transporter who delivers PCB waste to another transporter, or to the designated commercial 

storer or disposer of PCB waste, shall:

(i) Obtain the date of delivery and the handwritten signature of the subsequent transporter of 

PCB waste, or of the owner or operator of the designated commercial storage or disposal facility

on the manifest.
(ii) Retain one copy of the manifest in accordance with §761.209(b).

(iii) Give the remaining copies of the manifest to the accepting transporter of PCB waste, or to 

the designated commercial storage or disposal facility.

(5) The requirements of paragraphs (b) (3) and (4) of this section shall not apply to transporters 

of bulk shipments by water if all of the following conditions are met:

(i) The PCB waste is delivered by water (bulk shipment) to the designated commercial storage or 

disposal facility.

(ii) A shipping paper containing all the information required on the manifest (excluding EPA 

identification number, generator certification, and signatures) accompanies the PCB waste.

(iii) The transporter delivering the PCB waste obtains the date of delivery and handwritten 

signature of the owner or operator of the designated commercial storage or disposal facility on 

either the manifest or the shipping paper.

(iv) The person delivering the PCB waste to the initial water (bulk shipment) transporter obtains 

the date of delivery and signature of the water (bulk shipment) transporter on the manifest and 

forwards it to the designated facility.

(v) A copy of the shipping paper or manifest is retained by each water (bulk shipment) 

transporter in accordance with §761.209(b).

(6) For shipments involving rail transportation, the requirements of paragraphs (b)(3) and (b)(4) 

of this section shall not apply. Instead, the requirements described at §263.20(f) of this chapter 

for the rail transportation of hazardous waste apply to such shipments. The rail transporter shall 

retain one copy of the manifest or rail shipping paper in accordance with §761.209(b).

(7) The transporter shall deliver the entire quantity of PCB waste accepted from a generator or 

transporter to either of the following destinations:

(i) The designated commercial storage or disposal facility listed on the manifest.

(ii) The next designated transporter of PCB waste.

(8) If the PCB waste cannot be delivered in accordance with paragraph (b)(7) of this section, the 

transporter shall contact the generator for further directions and shall revise the manifest and/or 

return the PCB waste according to the generator's instructions.

(9) No provision of this section shall be construed to affect or limit the applicability of any 

requirement applicable to transporters of PCB waste under regulations issued by the Department 

of Transportation (DOT) and set forth at 49 CFR part 171.

(c)(1) If a commercial storage or disposal facility receives an off-site shipment of PCB waste 
accompanied by a manifest, the owner or operator, or his agent, shall:

(i) Sign and date each copy of the manifest to certify that the PCB waste covered by the manifest 

was received.

(ii) Note any significant discrepancies in the manifest (as defined in §761.210(a)(1)) on each 

copy of the manifest.

(iii) Immediately give the transporter at least one copy of the signed manifest.

(iv) Within 30 days after the delivery, send a copy of the manifest to the generator.

(v) Retain a copy of each manifest among the facility's records in accordance with §761.209(d).

(2) If a commercial storage or disposal facility receives PCB waste from a rail or water (bulk 

shipment) transporter accompanied by a shipping paper containing all the information required 

on the manifest except the EPA identification numbers, generator's certification, and signatures, 

the owner or operator, or his agent, shall:

(i) Sign and date each copy of the manifest or shipping paper to certify that the PCB waste 

covered by the manifest or shipping paper was received.

(ii) Note any significant discrepancies in the manifest or shipping paper on each copy of the 

manifest or shipping paper.

(iii) Immediately give the rail or water transporter at least one copy of the manifest or shipping 

paper, if applicable.

(iv) Within 30 days after the delivery, send a copy of the signed and dated manifest to the 

generator; however, if the manifest has not been received within 30 days after delivery, the 

owner or operator shall send a copy of the shipping paper signed and dated to the generator.

(v) Retain at the commercial storage or disposal facility a copy of the manifest and shipping 

paper, if signed in lieu of the manifest, in accordance with §761.209(d).

(3) Whenever an off-site shipment of PCB waste is initiated from a commercial storage or 

disposal facility, the owner or operator of the commercial storage or disposal facility shall 

comply with the manifest requirements that apply to generators of PCB waste.

§ 761.209 Retention of manifest records.

(a) A generator of PCB waste shall keep a copy of each manifest signed in accordance with 

§761.208(a)(1) until the generator receives a signed copy from the designated commercial 

storage or disposal facility which received the PCB waste. The copy signed by the commercial 

storer or disposer shall be retained for at least 3 years from the date the PCB waste was accepted 

by the initial transporter. A generator subject to annual document requirements under §761.180 
shall retain copies of each manifest for the period required by §761.180(a).

(b)(1) A transporter of PCB waste shall keep a copy of the manifest signed by the generator, 

transporter, and the next designated transporter, if applicable, or the owner or operator of the 

designated commercial storage or disposal facility. This copy shall be retained for a period of at 

least 3 years from the date the PCB waste was accepted by the initial transporter.

(2) For shipments of PCB waste delivered to the designated commercial storage or disposal 

facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of 

the shipping paper described in §761.208(b)(5)(ii) for a period of at least 3 years from the date 

the PCB waste was accepted by the initial transporter.

(3) For shipments of PCB waste by rail within the United States:

(i) The initial rail transporter shall keep a copy of the manifest and the shipping paper required to 

accompany the PCB waste for a period of at least 3 years from the date the PCB waste was 

accepted by the initial transporter.

(ii) The final rail transporter shall keep a copy of the signed manifest, or the required shipping 

paper if signed by the designated facility in lieu of the manifest, for a period of at least 3 years 

from the date the PCB waste was accepted by the initial transporter.

(c) The owner or operator of a PCB commercial storage or disposal facility that receives off-site 

shipments of PCB waste shall retain at the facility for at least 3 years a copy of each manifest or 

shipping paper that the owner or operator signs in accordance with §761.208 (c)(1) or (c)(3).

(d) The periods of record retention required by this section shall be extended automatically 

during the course of any outstanding enforcement action regarding the regulated activity.

[54 FR 52752, Dec. 21, 1989, as amended at 58 FR 34205, June 23, 1993]

§ 761.210 Manifest discrepancies.

(a) Manifest discrepancies are differences between the quantity or type of PCB waste designated 

on the manifest or shipping paper and the quantity or type of PCB waste actually delivered to 

and received by a designated facility.

(1) Significant discrepancies in quantity are:

(i) Variations greater than 10 percent in weight of PCB waste in containers.

(ii) Any variation in piece count, such as a discrepancy of one PCB Transformer or PCB 

Container or PCB Article Container in a truckload.

(2) Significant discrepancies in type of PCB waste are obvious differences which may be 

discovered by inspection or waste analysis, such as the substitution of solids for liquids or the 

substitution of high concentration PCBs (above 500 ppm) with lower concentration materials.
(b) Upon discovering a significant discrepancy, the owner or operator of the designated 

commercial storage or disposal facility shall attempt to reconcile the discrepancy with the waste 

generator or transporter. If the discrepancy is not resolved within 15 days after receiving the PCB 

waste, such owner or operator shall immediately submit to the Regional Administrator for the 

Region in which the designated facility is located a letter describing the discrepancy and attempts 

to reconcile it, and a copy of the manifest or shipping paper at issue.

[54 FR 52752, Dec. 21, 1989, as amended at 58 FR 34205, June 23, 1993]

§ 761.211 Unmanifested waste report.

(a) After April 4, 1990, if a PCB commercial storage or disposal facility receives any shipment 

of PCB waste from an off-site source without an accompanying manifest or shipping paper 

(where required in place of a manifest), and any part of the shipment consists of any PCB waste 

regulated for disposal, then the owner or operator of the commercial storage or disposal facility

shall attempt to contact the generator, using information supplied by the transporter, to obtain a 

manifest or to return the PCB waste.

(b) If the owner or operator of the commercial storage or disposal facility cannot contact the 

generator of the PCB waste, he shall notify the Regional Administrator of the EPA region in 

which his facility is located of the unmanifested PCB waste so that the Regional Administrator 

can determine whether further actions are required before the owner or operator may store or 

dispose of the unmanifested PCB waste.

(c) Within 15 days after receiving the unmanifested PCB waste, the owner or operator shall 

prepare and submit a report to the Regional Administrator for the Region in which the 

commercial storage or disposal facility is located and to the Regional Administrator for the 

Region in which the PCB waste originated, if known. The report may be submitted on EPA Form 

8700–13B, or by a written letter designated “Unmanifested Waste Report.” The report shall 

include the following information:

(1) The EPA identification number, name, and address of the PCB commercial storage or 

disposal facility.

(2) The date the commercial storage or disposal facility received the unmanifested PCB waste.

(3) The EPA identification number, name, and address of the generator and transporter, if 

available.

(4) A description of the type and quantity of the unmanifested PCB waste received at the facility.

(5) A brief explanation of why the waste was unmanifested, if known.

(6) The disposition made of the unmanifested waste by the commercial storage or disposal 

facility, including:
(i) If the waste was stored or disposed by that facility, was the generator identified and was a 

manifest subsequently supplied.

(ii) If the waste was sent back to the generator, why and when.

[54 FR 52752, Dec. 21, 1989, as amended at 58 FR 34205, June 23, 1993]

§ 761.215 Exception reporting.

(a) A generator of PCB waste, who does not receive a copy of the manifest with the handwritten 

signature of the owner or operator of the designated PCB commercial storage or disposal facility

within 35 days of the date the waste was accepted by the initial transporter, shall immediately

contact the transporter and/or the owner or operator of the designated facility to determine the 

status of the PCB waste.

(b) A generator of PCB waste subject to the manifesting requirements shall submit an Exception 

Report to the EPA Regional Administrator for the Region in which the generator is located if the 

generator has not received a copy of the manifest with the hand written signature of the owner or 

operator of the designated facility within 45 days of the date the waste was accepted by the initial 

transporter. The exception report shall be submitted to EPA no later than 45 days from the date 

on which the generator should have received the manifest. The Exception Report shall include 

the following:

(1) A legible copy of the manifest for which the generator does not have confirmation of 

delivery.

(2) A cover letter signed by the generator or his authorized representative explaining the efforts 

taken to locate the PCB waste and the results of those efforts.

(c) A disposer of PCB waste shall submit a One-year Exception Report to the EPA Regional 

Administrator for the Region in which the disposal facility is located no later than 45 days from 

the end of the 1-year storage for disposal date when the following occurs:

(1) The disposal facility receives PCBs or PCB Items on a date more than 9 months from the date 

the PCBs or PCB Items were removed from service for disposal, as indicated on the manifest or 

continuation sheet; and

(2) Because of contractual commitments or other factors affecting the facility's disposal capacity, 

the disposer of PCB waste could not dispose of the affected PCBs or PCB Items within 1 year of 

the date of removal from service for disposal.

(d) A generator or commercial storer of PCB waste who manifests PCBs or PCB Items to a 

disposer of PCB waste shall submit a One-year Exception Report to the EPA Regional 

Administrator for the Region in which the generator or commercial storer is located no later than 

45 days from the date the following occurs:
(1) The generator or commercial storer transferred the PCBs or PCB Items to the disposer of 

PCB waste on a date within 9 months from the date of removal from service for disposal of the 

affected PCBs or PCB Items, as indicated on the manifest or continuation sheet; and

(2) The generator or commercial storer either has not received within 13 months from the date of 

removal from service for disposal a Certificate of Disposal confirming the disposal of the 

affected PCBs or PCB Items, or the generator or commercial storer receives a Certificate of 

Disposal confirming disposal of the affected PCBs or PCB Items on a date more than 1 year after 

the date of removal from service.

(e) The One-year Exception Report shall include:

(1) A legible copy of any manifest or other written communication relevant to the transfer and 

disposal of the affected PCBs or PCB Items.

(2) A cover letter signed by the submitter or an authorized representative explaining:

(i) The date(s) when the PCBs or PCB Items were removed from service for disposal.

(ii) The date(s) when the PCBs or PCB Items were received by the submitter of the report, if 

applicable.

(iii) The date(s) when the affected PCBs or PCB Items were transferred to a designated disposal 

facility.

(iv) The identity of the transporters, commercial storers, or disposers known to be involved with 

the transaction.

(v) The reason, if known, for the delay in bringing about the disposal of the affected PCBs or 

PCB Items within 1 year from the date of removal from service for disposal.

(f) PCB/radioactive waste that is exempt from the 1-year storage for disposal time limit pursuant 

to §761.65(a)(1) is also exempt from the exception reporting requirements of paragraphs (c), (d), 

and (e) of this section.

[54 FR 52752, Dec. 21, 1989, as amended at 55 FR 26205, June 27, 1990; 58 FR 34205, June 23, 

1993; 63 FR 35461, June 29, 1998]

§ 761.218 Certificate of disposal.

(a) For each shipment of manifested PCB waste that the owner or operator of a disposal facility

accepts by signing the manifest, the owner or operator of the disposal facility shall prepare a 

Certificate of Disposal for the PCBs and PCB Items disposed of at the facility, which shall 

include:

(1) The identity of the disposal facility, by name, address, and EPA identification number.
(2) The identity of the PCB waste affected by the Certificate of Disposal including reference to 

the manifest number for the shipment.

(3) A statement certifying the fact of disposal of the identified PCB waste, including the date(s) 

of disposal, and identifying the disposal process used.

(4) A certification as defined in §761.3.

(b) The owner or operator of the disposal facility shall send the Certificate of Disposal to the 

generator identified on the manifest which accompanied the shipment of PCB waste within 30 

days of the date that disposal of each item of PCB waste identified on the manifest was 

completed unless the generator and the disposer contractually agree to another time frame.

(c) The disposal facility shall keep a copy of each Certificate of Disposal among the records that 

it retains under §761.180(b).

(d)(1) Generators of PCB waste shall keep a copy of each Certificate of Disposal that they

receive from disposers of PCB waste among the records they retain under §761.180(a).

(2) Commercial storers of PCB waste shall keep a copy of each Certificate of Disposal that they

receive from disposers of PCB waste among the records they retain under §761.180(b).

[54 FR 52752, Dec. 21, 1984, as amended at 63 FR 35462, June 29, 1998]

Subpart L [Reserved]

Subpart M—Determining a PCB Concentration for Purposes of Abandonment or Disposal of 

Natural Gas Pipeline: Selecting Sample Sites, Collecting Surface Samples, and Analyzing 

Standard PCB Wipe Samples

Source: 63 FR 35462, June 29, 1998, unless otherwise noted.

§ 761.240 Scope and definitions.

(a) Use these procedures to select surface sampling sites for natural gas pipe to determine its 

PCB surface concentration for abandonment-in-place or removal and disposal off-site in 

accordance with §761.60(b)(5).

(b) “Pipe segment” means a length of natural gas pipe that has been removed from the pipeline 

system to be disposed of or reused, and that is usually approximately 12.2 meters (40 feet) or 

shorter in length. Pipe segments are usually linear.

(c) “Pipeline section” means a length of natural gas pipe that has been cut or otherwise separated 

from the active pipeline, usually for purposes of abandonment, and that is usually longer than 

12.2 meters in length. Pipeline sections may be branched.
§ 761.243 Standard wipe sample method and size.

(a) Collect a surface sample from a natural gas pipe segment or pipeline section using a standard 

wipe test as defined in §761.123. Detailed guidance for the entire wipe sampling process appears 

in the document entitled “Wipe Sampling and Double Wash/Rinse Cleanup as Recommended by 

the Environmental Protection Agency PCB Spill Cleanup Policy,” dated June 23, 1987 and 

revised on April 18, 1991. This document is available from the TSCA Assistance Information 

Service, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460.

(b) Collect a surface sample from a minimum surface area of 100 cm2 at each sampling site 

selected. The EPA Regional Administrator may approve, in writing, requests to collect a sample 

from smaller surface areas, when <100 cm2 of surface eligible for sampling is present; e.g., 

when sampling a small diameter pipe, a small valve, or a small regulator. When smaller surfaces 

are sampled, convert the measurement to the equivalent measurement for 100 cm2 for purposes 

of comparison to standards based on 100 cm2.

§ 761.247 Sample site selection for pipe segment removal.

(a) General. (1) Select the pipe segments to be sampled by following the directions in paragraph 

(b) of this section.

(2) Locate the proper position along the length of the pipe segment that you have selected for 

sampling, by following the directions in paragraph (c) of this section.

(3) Select the proper sampling position around the circumference of the pipe segment that you 

have selected for sampling, by following the directions in paragraph (d) of this section.

(4) Prior to removing pipe from the ground or lifting the pipe from its location during former 

operations, mark the top side of the pipe.

(5) Do not sample if there are free-flowing liquids in the pipe segment. Free-flowing liquids must 

be removed prior to sampling.

(b) Selecting pipe segments to sample. Select the pipe segment(s) that you will sample from a 

length of pipe or group of pipe segments, as follows:

(1) Do not sample a pipe segment that is longer than 12.2 meters (40 feet). If a segment is longer 

than 12.2 meters in length, cut the segment so that all resulting segments are 12.2 meters or less 

in length.

(2) Determine which pipe segments to sample as follows:

(i) When a length of pipe having seven or fewer segments is removed for purposes of disposal, 

sample each pipe segment.

(ii) When removing a length of pipe having multiple contiguous segments less than 3 miles in 
total length, take samples from a total of seven segments.

(A) Sample the first and last segments removed.

(B) Select the five additional segments according to one of the two following procedures:

(1) Assign all segments a unique sequential number. Then select five numbers using a random 

number table or random number generator. If the random number generator or random number 

table produces either the first pipe segment, the last pipe segment, or any previously selected 

segment, select another random number until there are seven different numbers, each 

corresponding to a different pipe segment.

(2) Divide the total number of segments by six. Round the resulting quotient off to the nearest 

whole number. The resulting number is the interval between the segments you will sample. For 

example, cut a 2.9 mile length of pipeline into 383 segments of approximately 40 feet each. 

Sample the first (number 1) and last (number 383) segments. To determine which additional five 

segments to sample, divide the total number of segments, 383, by 6. Round up the resulting 

number in this example, 63.8, to the next whole number, 64. Add 64 to the number of each 

preceding pipe segment five separate times to select five additional pipe segments for sampling. 

In this example, the first pipe segment has the number 1, add 64 to 1 to select segment 65. Next, 

add 64 to 65 to select segment 129. Continue in this fashion to select all seven segments: 1, 65, 

129, 193, 257, 321, and 383.

(iii) When removing a length of pipe having multiple contiguous segments more than 3 miles in 

total length for purposes of disposal, take samples of each segment that is 1/2 mile distant from 

the segment previously sampled. Sample a minimum of seven segments.

(c) Selecting the sampling position—length. Select the sampling position along the length of the 

pipe segment, as follows:

(1) Take samples at the end upstream of the former gas flow of each segment removed.

(2) If the pipe segment is cut with a torch or other high temperature heat source, take the sample 

at least 15 cm (6 inches) inside the cut end of the pipe segment.

(3) If the pipe segment is cut with a saw or other mechanical device, take the sample at least 2 

cm (1 inch) inside the end of the pipe segment.

(4) If the sample site location selected in the procedure at paragraph (c)(2) or (c)(3) of this 

section is a porous surface (for example, there is significant corrosion so that the wipe material 

will be shredded), then move the sample site further inside the pipe segment (away from the end 

of the pipe or pipe segment) until there is no such porous surface. For purposes of this subpart, 

natural gas pipe with a thin porous corrosion preventive coating is a non-porous surface.

(5) If there is not a non-porous surface accessible by paragraphs (c)(2) and (c)(3) of this section, 

use one of the following three options:
(i) Sample the downstream end of the pipe segment using the same sample site location 

procedure as for the upstream end.

(ii) Select another pipe segment using the random selection procedure described in paragraph (b) 

of this section.

(iii) If there is no other pipe segment in the population to be sampled and both ends of a pipe 

segment have porous surfaces at all possible sample collection sites, then assume that the pipe 

segment contains  50 ppm PCB but <500 ppm PCB.

(d) Selecting the sample position—circumference. Based on the mark on the top of the pipe 

segment made prior to removing pipe from the ground or lifting the pipe from its location during 

former operations, sample the inside center of the bottom of the pipe being sampled. Make sure 

the sample is centered on the bottom of the pipe segment; that is, sample an equal area on both 

sides of the middle of the bottom of the pipe segment for the entire length of the sample.

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

§ 761.250 Sample site selection for pipeline section abandonment.

This procedure is for the sample site selection for a pipeline section to be abandoned, in 

accordance with §761.60(b)(5)(i)(B).

(a) General. (1) Select sample collection sites in the pipeline section(s) by following the 

directions in paragraph (b) of this section.

(2) Select the proper sampling position along the pipe by following the directions in §761.247 (c) 

and (d).

(3) Assure, by visual inspection, the absence of free-flowing liquids in the pipe by affirming no 

liquids at all liquid collection points and all ends of the pipeline section to be abandoned.

(b) Selection sample collection sites. At a minimum, sample all ends of all pipeline sections to be 

abandoned in place.

(1) If the pipeline section to be abandoned is between the pressure side of one compressor station 

and the suction side of the next compressor station downstream of the former gas flow, at a 

minimum, sample all ends of the abandoned pipe.

(2) If the pipeline section to be abandoned is longer than the distance between the pressure side 

of one compressor station and the suction side of the next compressor station downstream of the 

former gas flow, divide the pipeline section, for purposes of sampling, into smaller pipeline 

sections no longer than the distance from the pressure side of one compressor station to the 

suction side of the next compressor station downstream of the former gas flow. Consider each of 

the smaller sections to be a separate abandonment and sample each one, at a minimum, at all 
ends.

(3) Use the following procedure to locate representative sample collection sites in pipeline 

sections at points other than the suction and pressure side of compressor stations, or the ends of 

the pipeline section to be abandoned.

(i) First, assign a unique identifying sequential number to each kilometer or fraction of a 

kilometer length of pipe within the entire pipeline section.

(ii) Use a random number table or a random number generator to select each representative 

sample collection site from a complete list of the sequential identification numbers.

(iii) Samples may be collected by removing any covering soil, cutting the pipe to gain access to 

the sampling location, and collecting the surface sample with the pipe in place, rather than 

completely removing the pipeline sections to collect the surface sample.

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

§ 761.253 Chemical analysis.

(a) Extract PCBs from the standard wipe sample collection medium and clean-up the extracted 

PCBs in accordance with either Method 3500B/3540C or Method 3500B/3550B from EPA's 

SW-846, Test Methods for Evaluating Solid Waste, or a method validated under subpart Q of 

this part. Use Method 8082 from SW-846, or a method validated under subpart Q of this part, to 

analyze these extracts for PCBs.

(b) Report all PCB sample concentrations in g/100 cm2 (16 square inches) of surface sampled. 

If sampling an area smaller than 100 cm2, report converted sample concentrations in accordance 

with §761.243(b).

§ 761.257 Determining the regulatory status of sampled pipe.

(a) For purposes of removal for disposal of a pipe segment that has been sampled, the sample 

results for that segment determines its PCB surface concentration. Determine the PCB surface 

concentration of a segment which was not sampled as follows:

(1) If the unsampled pipe segment is between two pipe segments which have been sampled, 

assume that the unsampled segment has the same PCB surface concentration as the nearest 

sampled pipe segment.

(2) If an unsampled pipe segment is equidistant between two pipe segments which have been 

sampled, assume the PCB surface concentration of the unsampled segment to be the arithmetic 

mean of the PCB surface concentrations measured in the two equidistant, sampled, pipe 

segments.

(b) For purposes of abandonment of a pipeline section, assume that the PCB surface 

concentration for an entire pipeline section is the arithmetic mean of the PCB surface 
concentrations measured at the ends of the pipeline section. If additional representative samples 

were taken in a pipeline section, assume that the PCB surface concentration for the entire 

pipeline section is the arithmetic mean of the concentrations measured in all representative 

samples taken.

(c) For purposes of removal for disposal under §761.60(b)(5)(ii)(A)(1) or abandonment under 

§761.60(b)(5)(i)(B), if the surface PCB concentration of a pipe segment, determined by direct 

measurement or in accordance with paragraph (a) of this section, or of a pipeline section as 

determined in accordance with paragraph (b) of this section, is >10 g/100 cm2, but <100 

g/100 cm2, then that segment or section is PCB-Contaminated.

Subpart N—Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance 

with §761.61(a)(2)

Source: 63 FR 35464, June 29, 1998, unless otherwise noted.

§ 761.260 Applicability.

This subpart provides a method for collecting new data for characterizing a PCB remediation 

waste cleanup site or for assessing the sufficiency of existing site characterization data, as 

required by §761.61(a)(2).

§ 761.265 Sampling bulk PCB remediation waste and porous surfaces.

(a) Use a grid interval of 3 meters and the procedures in §§761.283 and 761.286 to sample bulk 

PCB remediation waste that is not in a container and porous surfaces.

(b) Use the following procedures to sample bulk PCB remediation waste that is in a single 

container.

(1) Use a core sampler to collect a minimum of one core sample for the entire depth of the waste 

at the center of the container. Collect a minimum of 50 cm3 of waste for analysis.

(2) If more than one core sample is taken, thoroughly mix all samples into a composite sample. 

Take a subsample of a minimum of 50 cm3 from the mixed composite for analysis.

(c) Use the following procedures to sample bulk PCB remediation waste that is in more than one 

container.

(1) Segregate the containers by type (for example, a 55-gallon drum and a roll-off container are 

types of containers).

(2) For fewer than three containers of the same type, sample all containers.

(3) For more than three containers of the same type, list the containers and assign each container 

an unique sequential number. Use a random number generator or table to select a minimum of 10 
percent of the containers from the list, or select three containers, whichever is the larger.

(4) Sample the selected container(s) according to paragraph (b) of this section.

§ 761.267 Sampling non-porous surfaces.

(a) Sample large, nearly flat, non-porous surfaces by dividing the surface into roughly square 

portions approximately 2 meters on each side. Follow the procedures in §761.302(a).

(b) It is not necessary to sample small or irregularly shaped surfaces.

§ 761.269 Sampling liquid PCB remediation waste.

(a) If the liquid is single phase, collect and analyze one sample. There are no required procedures 

for collecting a sample.

(b) If the liquid is multi-phasic, separate the phases, and collect and analyze a sample from each 

liquid phase. There are no required procedures for collecting a sample from each single phase 

liquid.

(c) If the liquid has a non-liquid phase which is >0.5 percent by total weight of the waste, 

separate the non-liquid phase from the liquid phase and sample it separately as a non-liquid in 

accordance with §761.265.

§ 761.272 Chemical extraction and analysis of samples.

Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-846, Test Methods 

for Evaluating Solid Waste, or a method validated under subpart Q of this part, for chemical 

extraction of PCBs from individual and composite samples of PCB remediation waste. Use 

Method 8082 from SW-846, or a method validated under subpart Q of this part, to analyze these 

extracts for PCBs.

§ 761.274 Reporting PCB concentrations in samples.

(a) Report all sample concentrations for non-liquid PCBs on a dry weight basis as micrograms of 

PCBs per gram of sample (ppm by weight). Report surface sampling results as g/100 cm2. 

Divide 100 cm2 by the surface area and multiply this quotient by the total number of micrograms 

of PCBs on the surface to obtain the equivalent measurement of micrograms per 100 cm2.

(b) Report all sample concentrations for liquid PCBs on a wet weight basis as micrograms of 

PCBs per gram of sample (ppm by weight).

Subpart O—Sampling to Verify Completion of Self-Implementing Cleanup and On-Site 

Disposal of Bulk PCB Remediation Waste and Porous Surfaces in Accordance with 

§761.61(a)(6)
Source: 63 FR 35465, June 29, 1998, unless otherwise noted.

§ 761.280 Application and scope.

Follow the procedures in this subpart when sampling to verify completion of the cleanup for selfimplementing, on-site disposal of bulk PCB remediation waste and porous surfaces consistent 

with the levels of §761.61(a)(4)(i) and (iii). The objective of this subpart is not to search for new 

contamination. Confirmation of compliance with the cleanup levels in §761.61(a)(4) is only 

verifiable for the area sampled in accordance with this subpart. Do not make conclusions or 

extrapolations about PCB concentrations outside of the area which has been cleaned up and 

verified based on the results of this verification sampling.

§ 761.283 Determination of the number of samples to collect and sample collection locations.

This section addresses how to determine the number of samples to collect and sample collection 

locations for bulk PCB remediation waste and porous surfaces destined to remain at a cleanup 

site after cleanup.

(a) Minimum number of samples. (1) At each separate cleanup site at a PCB remediation waste 

location, take a minimum of three samples for each type of bulk PCB remediation waste or 

porous surface at the cleanup site, regardless of the amount of each type of waste that is present. 

There is no upper limit to the number of samples required or allowed.

(2) This is an example of how to calculate the minimum number of required samples at a PCB 

remediation waste location. There are three distinct cleanup sites at this example location: a 

loading dock, a transformer storage lot, and a disposal pit. The minimum number of samples to 

take appears in parentheses after each type of waste for each cleanup site. The PCB remediation 

wastes present at the loading dock are concrete (three samples) and clay soil (three samples). The 

non-liquid PCB remediation wastes present at the transformer storage lot are oily soil (three 

samples), clay soil (three samples) and gravel (three samples). The PCB remediation wastes 

present at the disposal pit are sandy soil (three samples), clay soil (three samples), oily soil (three 

samples), industrial sludge (three samples), and gravel (three samples).

(b) Selection of sample locations—general. (1)(i) Use a square-based grid system to overlay the 

entire area to be sampled. Orient the grid axes on a magnetic north-south line centered in the area 

and an east-west axis perpendicular to the magnetic north-south axis also centered in the area.

(ii) If the site is recleaned based on the results of cleanup verification conducted in accordance 

with §761.61(a)(6), follow the procedures in paragraph (b) of this section for locating sampling 

points after the recleaning, but reorient the grid axes established in paragraph (b)(1)(i) of this 

section by moving the origin one meter in the direction of magnetic north and one meter in the 

direction east of magnetic north.

(2) Mark out a series of sampling points 1.5 meters apart oriented to the grid axes. The sampling 

points shall proceed in every direction to the extent sufficient to result in a two-dimensional grid 

completely overlaying the sampling area.
(3) Collect a sample at each point if the grid falls in the cleanup area. Analyze all samples either 

individually or according to the compositing schemes provided in the procedures at §761.289. So 

long as every sample collected at a grid point is analyzed as either an individual sample or as part 

of a composite sample, there are no other restrictions on how many samples are analyzed.

(c) Selection of sample locations—small cleanup sites. When a cleanup site is sufficiently small 

or irregularly shaped that a square grid with a grid interval of 1.5 meters will not result in a 

minimum of three sampling points for each type of bulk PCB remediation waste or porous 

surface at the cleanup site, there are two options.

(1) Use a smaller square grid interval and the procedures in paragraph (b) of this section.

(2) Use the following coordinate-based random sampling scheme. If the site is recleaned based 

on the results of cleanup verification conducted in accordance with §761.61(a)(6), follow the 

procedures in this section for locating sampling points after the recleaning, but select three new 

pairs of sampling coordinates.

(i) Beginning in the southwest corner (lower left when facing magnetic north) of the area to be 

sampled, measure in centimeters (or inches) the maximum magnetic north-south dimension of 

the area to be sampled. Next, beginning in the southwest corner, measure in centimeters (or 

inches) the maximum magnetic east-west dimension of the area to be sampled. Designate the 

north-south and east-west dimensions (describing the west and south boundaries, respectively, of 

the area to be sampled), as the reference axes of a square-based grid system.

(ii) Use a random number table or random number generator to select a pair of coordinates that 

will locate the sample within the area to be sampled. The first coordinate in the pair is the 

measurement on the north-south axis. The second coordinate in the pair is the measurement on 

the east-west axis. Collect the sample at the intersection of an east-west line drawn through the 

measured spot on the north-south axis, and a north-south line drawn through the measured spot 

on the east-west axis. If the cleanup site is irregularly shaped and this intersection falls outside 

the cleanup site, select a new pair of sampling coordinates. Continue to select pairs of sampling 

coordinates until three are selected for each type of bulk PCB remediation waste or porous 

surface at the cleanup site.

(d) Area of inference. Analytical results for an individual sample point apply to the sample point 

and to an area of inference extending to four imaginary lines parallel to the grid axes and one 

half grid interval distant from the sample point in four different directions. The area of inference 

forms a square around the sample point. The sides of the square are parallel to the grid axes and 

one grid interval in length. The sample point is in the center of the square area of inference. The 

area of inference from a composite sample is the total of the areas of the individual samples 

included in the composite.

§ 761.286 Sample size and procedure for collecting a sample.

At each selected sampling location for bulk PCB remediation waste or porous surfaces, collect at 
least 20 milliliters of waste, or a portion of sufficient weight for the chemical analyst to measure 

the concentration of PCBs and still have sufficient analytical detection sensitivity to reproducibly 

measure PCBs at the levels designated in §761.61(a)(4). Use a core sampler having a diameter 

2 cm and 3 cm. Collect waste to a maximum depth of 7.5 cms.

§ 761.289 Compositing samples.

Compositing is a method of combining several samples of a specific type of bulk PCB 

remediation waste or porous surface from nearby locations for a single chemical analysis. There 

are two procedures for compositing bulk PCB remediation waste samples. These procedures are 

based on the method for selecting sampling site locations in §761.283(b) and (c). The single 

chemical analysis of a composite sample results in an averaging of the concentrations of its 

component samples. The area of inference of a composite is determined by the area of inference 

of each of its component samples as described in §761.283(d). Compositing is not mandatory.

However, if compositing is used, it must be performed in accordance with the following 

procedures.

(a) Compositing in the field or in a laboratory. Compositing may occur either in the field or in a 

laboratory. Prepare composite samples using equal volumes of each constituent or component 

sample. Composited samples must be from the same type of bulk PCB remediation waste or 

porous surface (see the example at §761.283(a)(2)). Mix composite samples thoroughly. From 

each well-mixed composite sample, take a portion of sufficient weight for the chemical analyst 

to measure the concentration of PCBs and still have sufficient analytical detection sensitivity to 

reproducibly measure PCBs at the levels designated in §761.61(a)(4).

(b)(1) Compositing from samples collected at grid points in accordance with §761.283(b). There 

are two kinds of composite sampling procedures depending on the original source of 

contamination of the site.

(i) The first procedure is for sites with multiple point sources of contamination (such as an old 

electrical equipment storage area, a scrap yard, or repair shop) or for unknown sources of 

contamination. Under this compositing scheme, composite a maximum of nine samples for each 

type of bulk PCB remediation waste or porous surface at the cleanup site. The maximum 

dimensions of the area enclosing a nine grid point composite is two grid intervals bounded by 

three collinear grid points (3.0 meters or approximately 10 feet long). Take all samples in the 

composite at the same depth. Assure that composite sample areas and individually analyzed 

samples completely overlay the cleanup site.

(ii) The second procedure is for a single point source of contamination, such as discharge into a 

large containment area (e.g., pit, waste lagoon, or evaporation pond), or a leak onto soil from a 

single drum or tank. Single point source contamination may be from a one-time or continuous 

contamination. Composites come from two stages: an initial compositing area centered in the 

area to be sampled, and subsequent compositing areas forming concentric square zones around 

the initial compositing area. The center of the initial compositing area and each of the subsequent 

compositing areas is the origin of the grid axes.
(A) Definition of the initial compositing area. The initial compositing area is based on a square 

that contains nine grid points, is centered on the grid origin, and has sides two grid intervals long. 

The initial compositing area has the same center as this square and sides one half a grid interval 

more distant from the center than the square. The initial compositing area has sides three grid 

intervals long.

(B) Definition of subsequent compositing areas. Subsequent composite sampling areas are in 

concentric square zones one grid interval wide around the initial compositing area and around 

each successive subsequent compositing area. The inner boundary of the first subsequent 

compositing area is the outer boundary of the initial compositing area. The outer boundary of the 

first subsequent compositing area is centered on the grid origin, has sides one grid interval more 

distant from the grid origin than the inner boundary, and is two grid intervals longer on a side 

than the inner boundary. The inner boundary of each further subsequent compositing area is the

outer boundary of the previous subsequent compositing area. The outer boundary of each further 

subsequent compositing area is centered on the grid origin, has sides one grid interval more 

distant from the grid origin than the inner boundary, and is two grid intervals longer on a side 

than the inner boundary.

(C) Taking composite samples from the initial and subsequent compositing areas. (1) Select 

composite sampling areas from the initial compositing area and subsequent compositing areas 

such that all grid points in the initial compositing area and subsequent compositing areas are part 

of a composite or individual sample.

(2) A person may include in a single composite sample a maximum of all nine grid points in the 

initial compositing area. The maximum number of grid points in a composite sample taken from 

a subsequent compositing area is eight. These eight grid points must be adjacent to one another 

in the subsequent compositing area, but need not be collinear.

(2) Compositing from samples taken at grid points or pairs of coordinates in accordance with 

§761.283(c). Samples collected at small sites are based on selecting pairs of coordinates or using 

the sample site selection procedure for grid sampling with a smaller grid interval.

(i) Samples collected from a grid having a smaller grid interval. Use the procedure in paragraph 

(b)(1)(i) of this section to composite samples and determine the area of inference for composite 

samples.

(ii) Samples collected from pairs of coordinates. All three samples must be composited. The area 

of inference for the composite is the entire area sampled.

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

Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-846, Test Methods 

for Evaluating Solid Waste, or a method validated under subpart Q of this part, for chemical 

extraction of PCBs from individual and composite samples of PCB remediation waste. Use 

Method 8082 from SW-846, or a method validated under subpart Q of this part, to analyze these 

extracts for PCBs.
§ 761.295 Reporting and recordkeeping of the PCB concentrations in samples.

(a) Report all sample concentrations for bulk PCB remediation waste and porous surfaces on a 

dry weight basis and as micrograms of PCBs per gram of sample (ppm by weight).

(b) Record and keep on file for 3 years the PCB concentration for each sample or composite 

sample.

§ 761.298 Decisions based on PCB concentration measurements resulting from sampling.

(a) For grid samples which are chemically analyzed individually, the PCB concentration applies 

to the area of inference as described in §761.283(d).

(b) For grid samples analyzed as part of a composite sample, the PCB concentration applies to 

the area of inference of the composite sample as described in §761.283(d) (i.e., the area of 

inference is the total of the areas of the individual samples included in the composite).

(c) For coordinate pair samples analyzed as part of a composite sample, in accordance with 

§§761.283(c)(2) and 761.289(b)(2)(ii), the PCB concentration applies to the entire cleanup site.

Subpart P—Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-Site or 

Off-Site Disposal Under §761.61(a)(6) and Decontamination Under §761.79(b)(3)

Source: 63 FR 35467, June 29, 1998, unless otherwise noted.

§ 761.300 Applicability.

This subpart provides sample site selection procedures for large, nearly flat non-porous surfaces, 

and for small or irregularly shaped non-porous surfaces. This subpart also provides procedures 

for analyzing the samples and interpreting the results of the sampling. Any person verifying 

completion of self-implementing cleanup and on-site disposal of non-porous surfaces under 

§761.61(a)(6), or verifying that decontamination standards under §761.79(b)(3) are met, must 

use these procedures.

§ 761.302 Proportion of the total surface area to sample.

(a) Large nearly flat surfaces. Divide the entire surface into approximately 1 meter square 

portions and mark the portions so that they are clearly identified. Determine the sample location 

in each portion as directed in §761.304.

(1) For large nearly flat surfaces contaminated by a single source of PCBs with a uniform 

concentration, assign each 1 meter square surface a unique sequential number.

(i) For three or fewer 1 meter square areas, sample all of the areas.
(ii) For four or more 1 meter square areas, use a random number generator or table to select a 

minimum of 10 percent of the areas from the list, or to select three areas, whichever is more.

(2) For other large nearly flat surfaces, sample all of the one meter square areas.

(b) Small or irregularly shaped surfaces. For small surfaces having irregular contours, such as 

hand tools, natural gas pipeline valves, and most exterior surfaces of machine tools, sample the 

entire surface. Any person may select sampling locations for small, nearly flat surfaces in 

accordance with §761.308 with the exception that the maximum area in §761.308(a) is <1 meter 

square.

(c) Preparation of surfaces. Drain all free-flowing liquids from surfaces and brush off dust or 

loose grit.

§ 761.304 Determining sample location.

(a) For 1 square meter non-porous surface areas having the same size and shape, it is permissible 

to sample the same 10 cm by 10 cm location or position in each identical 1 square meter area. 

This location or position is determined in accordance with §761.306 or §761.308.

(b) If some 1 square meter surfaces for a larger non-porous surface area have different sizes and 

shapes, separately select the 10 cm by 10 cm sampling position for each different 1 square meter 

surface in accordance with §761.308.

(c) If non-porous surfaces have been cleaned and the cleaned surfaces do not meet the applicable 

standards or levels, surfaces may be recleaned and resampled. When resampling surfaces 

previously sampled to verify cleanup levels, use the sampling procedures in §§761.306 through 

761.316 to resample the surfaces. If any sample site selected coincides with a previous sampling 

site, restart the sample selection process until all resampling sites are different from any previous 

sampling sites.

§ 761.306 Sampling 1 meter square surfaces by random selection of halves.

(a) Divide each 1 meter square portion where it is necessary to collect a surface wipe test sample 

into two equal (or as nearly equal as possible) halves. For example, divide the area into top and 

bottom halves or left and right halves. Choose the top/bottom or left/right division that produces 

halves having as close to the shape of a circle as possible. For example, a square is closer to the 

shape of a circle than is a rectangle and a rectangle having a length to width ratio of 2:1 is closer 

to the shape of a circle than a rectangle having a length to width ratio of 3:1.

(b) Assign a unique identifier to each half and then select one of the halves for further sampling 

with a random number generator or other device (i.e., by flipping a coin).

(c) Continue selecting progressively smaller halves by dividing the previously selected half, in 

accordance with paragraphs (a) and (b) of this section, until the final selected half is larger than 

or equal to 100 cm2 and smaller than 200 cm2.
(d) Perform a standard PCB wipe test on the final selected halves from each 1 meter square 

portion.

(e) The following is an example of applying sampling by halves. Assume that the area to sample 

is a 1 meter square surface area (a square that has sides 1 meter long). Assign each half to one 

face of a coin. After flipping the coin, the half assigned to the face of the coin that is showing is 

the half selected.

(1) Selecting the first half:

(i) For a square shape the top/bottom halves have the same shape as the left/right halves when 

compared to a circle, i.e., regardless of which way the surface is divided, each half is 1 half 

meter wide by 1 meter long. Therefore, divide the area either top/bottom or left/right. For 

selecting the first half, this example will select from left/right halves.

(ii) A coin flip selects the left half. The dimensions of this selected surface area are 1 meter high 

and 1/2 meter wide.

(2) Selecting the second half:

(i) If the next selection of halves was left/right, the halves would be rectangles four times as long 

as they are wide ( 1/4 meter wide and 1 meter high). Halves selected from top/bottom would be 

square ( 1/2 meter on a side). Therefore, select the next halves top/bottom, because the shape of 

the top/bottom halves (square) is closer to the shape of a circle than the shape of the left/right 

halves (long narrow rectangles).

(ii) A coin flip selects the top half. The dimensions of this selected surface area are 1/2 meter 

high and 1/2 meter wide.

(3) Selecting the third half:

(i) Just as for the selection of the first half, which divided the original square area, both the 

left/right and the top/bottom halves have the same shape when compared to a circle (both are 

rectangles having the same dimensions). Therefore, choose either left/right or top/bottom halves. 

This example will select from left/right halves.

(ii) A coin flip selects the right half. The dimensions of this selected surface are 1/4 meter by 1/2 

meter.

(4) Selecting the fourth half:

(i) If the next selection of halves was left/right, the halves would be rectangles four times as long 

as they are wide ( 1/8 meter wide and 1/2 meter high. Halves selected from top/bottom would be 

square ( 1/4 meter on a side). Therefore, select the next halves top/bottom, because the shape of 

the top/bottom halves (square) are closer to the shape of a circle than the shape of the left/right 

halves (long narrow rectangles).
(ii) A coin flip selects the bottom half. The dimensions of this selected surface area are 1/4 meter 

high and 1/4 meter wide.

(5) Selecting the fifth half:

(i) Just as for the selection of the first and third halves, both the left/right and the top/bottom 

halves have the same shape when compared to a circle (both are rectangles having the same 

dimensions). Therefore, choose either left/right or top/bottom halves. This example will select 

from left/right halves.

(ii) A coin flip selects the right half. The dimensions of the selected surface are 1/8 meter by 1/4 

meter.

(6) Selecting the sixth half:

(i) If the next selection of halves was left/right, the halves would be rectangles four times as long 

as they are wide ( 1/16 meter wide and 1/4 meter high. Halves selected from top/bottom would 

be square ( 1/8 meter on a side). Therefore, select the next halves top/bottom, because the shape 

of the top/bottom halves (square) are closer to the shape of a circle than the shape of the left/right 

halves (long narrow rectangles).

(ii) A coin flip selects the top half. The dimensions of this selected surface are 1/8 meter high 

and 1/8 meter wide or 12.5 cm by 12.5 cm.

(7) Collect a standard wipe test sample in the sixth half. Since the dimensions of half of the sixth 

half would be 12.5 cm by 6.25 cm, the area (approximately 78 cm2) would be less than the 

required 100 cm2 minimum area for the standard wipe test. Therefore, no further sampling by 

halves is necessary. Take the standard wipe test samples of the entire selected sixth half.

§ 761.308 Sample selection by random number generation on any two-dimensional square grid.

(a) Divide the surface area of the non-porous surface into rectangular or square areas having a 

maximum area of 1 square meter and a minimum dimension of 10 centimeters.

(b) Measure the length and width, in centimeters, of each area created in paragraph (a) of this 

section. Round off the number of centimeters in the length and the width measurements to the 

nearest centimeter.

(c) For each 1 square meter area created in accordance with paragraph (a) of this section, select 

two random numbers: one each for the length and width borders measured in paragraph (b) of 

this section. An eligible random number can be from zero up to the total width, minus 10 

centimeters.

(d) Locate the 10 centimeter by 10 centimeter sample.
(1) Orient the 1 square meter surface area so that, when you are facing the area, the length is left 

to right and the width is top to bottom. The origin, or reference point for measuring selected 

random numbers of centimeters to the sampling area, is on the lower left corner when facing the 

surface.

(2) Mark the random number selected for the length distance, in centimeters, from the origin to 

the right (at the bottom of the area away from the origin).

(3) From the marked length distance on the bottom of the area, move perpendicularly up from 

the bottom of the area into the area for the distance randomly selected for the width.

(4) Use the point determined in paragraph (d)(3) of this section as the lower left corner of the 10 

centimeter by 10 centimeter sample.

§ 761.310 Collecting the sample.

Use the standard wipe test as defined in §761.123 to sample one 10 centimeter by 10 centimeter 

square (100 cm2) area to represent surface area PCB concentrations of each square meter or 

fraction of a square meter of a nearly flat, non-porous surface. For small surfaces, use the same 

procedure as for the standard wipe test, only sample the entire area, rather than 10 centimeter by 

10 centimeter squares.

§ 761.312 Compositing of samples.

For a surface originally contaminated by a single source of PCBs with a uniform concentration, it 

is permissible to composite surface wipe test samples and to use the composite measurement to 

represent the PCB concentration of the entire surface. Composite samples consist of more than 

one sample gauze extracted and chemically analyzed together resulting in a single measurement. 

The composite measurement represents an arithmetic mean of the composited samples.

(a) Compositing samples from surfaces to be used or reused. For small or irregularly shaped 

surfaces or large nearly flat surfaces, if the surfaces are contaminated by a single source of PCBs 

with a uniform concentration, composite a maximum of three adjacent samples.

(b) Compositing samples from surfaces to be disposed of off-site or on-site. (1) For small or 

irregularly shaped surfaces, composite a maximum of three adjacent samples.

(2) For large nearly flat surfaces, composite a maximum of 10 adjacent samples.

§ 761.314 Chemical analysis of standard wipe test samples.

Perform the chemical analysis of standard wipe test samples in accordance with §761.272. 

Report sample results in micrograms per 100 cm2.

§ 761.316 Interpreting PCB concentration measurements resulting from this sampling scheme.
(a) For an individual sample taken from an approximately 1 meter square portion of the entire 

surface area and not composited with other samples, the status of the portion is based on the 

surface concentration measured in that sample. If the sample surface concentration is not equal to 

or lower than the cleanup level, by inference the entire 1 meter area, and not just the immediate 

area where the sample was taken, is not equal to or lower than the cleanup level.

(b) For areas represented by the measurement results from compositing more than one 10 

centimeter by 10 centimeter sample, the measurement for the composite is the measurement for 

the entire area. For example, when there is a composite of 10 standard wipe test samples 

representing 9.5 square meters of surface area and the result of the analysis of the composite is 

20 g/100 cm2, then the entire 9.5 square meters has a PCB surface concentration of 20 g/100 

cm2, not just the area in the 10 cm by 10 cm sampled areas.

(c) For small surfaces having irregular contours, where the entire surface was sampled, measure 

the surface area. Divide 100 cm2 by the surface area and multiply this quotient by the total 

number of micrograms of PCBs on the surface to obtain the equivalent measurement of 

micrograms per 100 cm2.

Subpart Q—Self-Implementing Alternative Extraction and Chemical Analysis Procedures for 

Non-liquid PCB Remediation Waste Samples

Source: 63 FR 35468, June 29, 1998, unless otherwise noted.

§ 761.320 Applicability.

This subpart describes self-implementing comparison testing requirements for chemical 

extraction and chemical analysis methods used as an alternative to the methods required in 

§§761.272 or 761.292. Any person conducting comparison testing under this subpart must 

comply with the requirements of §761.80(i), including notification. Use alternative methods only 

after successful completion of these comparison testing requirements and after documentation of 

the results of the testing.

§ 761.323 Sample preparation.

(a) The comparison study requires analysis of a minimum of 10 samples weighing at least 300 

grams each. Samples of PCB remediation waste used in the comparison study must meet the 

following three requirements.

(1) The samples must either be taken from the PCB remediation waste at the cleanup site, or 

must be the same kind of material as that waste. For example, if the waste at the cleanup site is 

sandy soil, you must use the same kind of sandy soil in the comparison study. Do not use 

unrelated materials such as clay soil or dredged sediments in place of sandy soil.

(2) PCB remediation waste may contain interferences which confound or hamper sample 

extraction and chemical analysis. These interferences may be from chemicals or other attributes 

preexisting in the waste material, resulting from the PCB contamination source, or resulting from 
treatment to remove or destroy PCBs. Comparison study samples must also contain these 

interfering materials to demonstrate successful analysis in their presence. For example, a PCB 

remediation waste may have been co-disposed with chlorobenzene solvents or chlorinated 

pesticides. These chlorinated compounds would have to be present in the comparison study

compounds at the same levels found, or at the highest levels expected to be found, in the PCB 

remediation waste. As another example, for PCB remediation waste which had been solvent 

washed with liquid amines to remove PCBs, comparison study samples would have to contain 

concentrations of these amines at the same levels found, or at the highest levels expected to be 

found, in the PCB remediation waste.

(b) Prior to initiating the comparison study, confirm the following PCB concentrations in the 

comparison study samples using the methods specified in §761.292. All samples of non-liquid 

PCB remediation waste must have PCB concentrations between 0.1 and 150 ppm.

(1) A minimum of three comparison study samples must have PCB concentrations above the 

cleanup level specified for the site in §761.61(a)(4) and a minimum of three comparison study

samples must have PCB concentrations below the specified cleanup level.

(2) At least one comparison study sample must have a PCB concentration 90 percent and 100 

percent of the cleanup level.

(3) At least one comparison study sample must have a PCB concentration 100 percent and 110 

percent of the cleanup level.

(c) If the comparison study samples do not have the concentrations or concentration ranges 

required by paragraph (b) of this section, for purposes of use in this chemical extraction and 

chemical analysis comparison study, a person may adjust PCB concentrations by dilution. Any

excess material resulting from the preparation of these samples, which is not used as an 

analytical sample, is regulated as the PCB concentration in the component having the highest 

PCB concentration of the component materials in the sample.

§ 761.326 Conducting the comparison study.

Extract or analyze the comparison study samples using the alternative method. For an alternative 

extraction method or alternative analytical method to be comparable to the methods required in 

§761.292, all of the following conditions must be met.

(a) All samples having PCB concentrations greater than or equal to the level of concern, as 

measured by the methods required in §761.292, are found to be greater than or equal to the level 

of concern as measured by the alternative method (no false negatives).

(b) Only one sample which contains PCBs at a level less than the level of concern, as measured 

by the methods required in §761.292, is found to have a PCB concentration greater than the level 

of concern as measured by the alternative method (false positive); and all other samples which 

contain PCBs at levels less than the level of concern, as measured by the methods required in 

§761.292, are found by the alternative method to have PCBs less than the level of concern (there 
are no additional false positives).

Subpart R—Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste for Purposes of 

Characterization for PCB Disposal in Accordance With §761.62, and Sampling PCB 

Remediation Waste Destined for Off-Site Disposal, in Accordance With §761.61

Source: 63 FR 35469, June 29, 1998, unless otherwise noted.

§ 761.340 Applicability.

Use the procedures specified in this subpart to sample the following types of waste when it is 

necessary to analyze the waste to determine PCB concentration or leaching characteristics for 

storage or disposal.

(a) Existing accumulations of non-liquid, non-metal PCB bulk product waste.

(b) Non-liquid, non-metal PCB bulk product waste from processes that continuously generate 

new waste.

(c) Non-liquid PCB remediation waste from processes that continuously generate new waste, that 

will be sent off-site for disposal.

§ 761.345 Form of the waste to be sampled.

PCB bulk product waste and PCB remediation waste destined for off-site disposal must be in the 

form of either flattened or roughly conical piles. This subpart also contains a procedure for 

contemporaneous sampling of waste as it is being generated.

§ 761.346 Three levels of sampling.

To select a sample of the waste and prepare it for chemical extraction and analysis, there are 

three required levels of random sampling.

(a) First, select a single 19-liter (5 gallon) portion from a composite accumulated either 

contemporaneously with the generation of the waste or by sampling an existing pile of waste. 

Collection procedures for the first level of sampling from existing piles of waste are in §761.347. 

Collection procedures for the first level of sampling from a contemporaneous generation of 

waste are in §761.348. Compositing requirements and requirements for the subsampling of 

composite samples to result in a single 19-liter sample are in §761.350. Send the 19-liter sample 

to the laboratory for the second and third levels of sampling, including particle size reduction for 

leach testing and drying as required by §761.1(b)(4).

(b) Second, at the laboratory, select one quarter of the 19-liter sample. Procedures the laboratory

must use for this second level of sample selection appear in §761.353.

(c) Third, select a 100 gram subsample from the second level subsample. Procedures the 
laboratory must use for this third level of sample selection appear in §761.355.

§ 761.347 First level sampling—waste from existing piles.

(a) General. Sample piles that are either specifically configured for sampling (see paragraph (b) 

of this section) or that are of conical shape (see paragraph (c) of this section). If sampling from 

either of these shapes is not possible, conduct contemporaneous sampling, in accordance with the 

procedures in §761.348, or obtain the approval of the Regional Administrator for an alternate 

sampling plan in accordance with §761.62(c).

(b) Specifically configured piles. A specifically configured pile is a single flattened pile in the 

shape of a square or rectangle having no restrictions on length or width but restricted to 30 cm (1 

foot) in depth. A square shaped pile facilitates sampling site selection for the first level sample. 

Select eight 19-liter samples from the pile and composite them into one 19-liter sample as 

follows:

(1) Divide the pile into quarters.

(2) Divide each of the quarter sections into quarters (i.e., into sixteenths of the original pile).

(3) Select two sixteenths from each of the four quarters, according to one of the two following 

options:

(i) Randomly select the two sixteenths from one quarter and sample the sixteenths occupying the 

same positions in each of the other three quarters.

(ii) Randomly select two sixteenths from each of the four quarters (i.e., perform a random 

selection four different times).

(4) At this point the eight selected sixteenths undergo further division and sample selection. 

Divide each of the eight selected sixteenths into four equal parts. Using a random number 

generator or random number table, select one of the four equal parts from each of the eight equal 

areas. If each of the four equal parts has a volume >76 liters when projected downwards 30 cm, 

continue to divide each selected area into four equal parts, and select one of the parts, until each 

selected area has a volume of <76 liters but 19 liters. When projected to a depth of 30 cm, a 

square having a 25 cm side or a circle having a diameter of approximately 28.5 cm equals a 

volume of approximately 19 liters. The volume of 76 liters is equal to the volume enclosed by a 

square having a side of 50 cm (or other shape having an area of 250 cm2) projected to a depth of 

30 cm.

(5) Take one sample of approximately 19 unsorted liters of waste from each of the eight selected 

areas. Place each sample into a separate 19-liter container, allowing only sufficient space at the 

top of the container to secure the lid.

(6) Composite the eight 19-liter samples in accordance with §761.350.

(c) Conical-shaped piles. If it is necessary to sample a pile which is too large to be spread on the 
site to a uniform thickness of 1 foot or 30 cm, or if there are too many piles to spread out in the 

space available, use the following procedure to sample the piles. This procedure assumes that the 

shape of the piles is analogous to a cone; that is, having a circular base with PCB bulk product 

waste or PCB remediation waste destined for off-site disposal stacked up uniformly to a peak 

that is a point centered above the center of the circular base. Collect eight 19-liter samples as 

follows:

(1) Collecting samples from more than one pile. If the PCB bulk product waste or PCB 

remediation waste consists of more than one pile or container, assign each pile or container an 

integer number and then generate seven random integer numbers to select the piles from which 

you will collect samples. It is possible that this random selection procedure will result in 

selecting the same pile number more than once, even if seven or more piles are present. If so, 

sample the pile once and restart the sampling collection process to collect additional samples. Do 

not collect multiple samples from the same location in the pile.

(2) Collecting samples from a single pile. If only one pile or container is present, collect all eight 

samples from the same pile.

(3) Setting up the sample site selection system from a pile. Locate a sample in a pile by the use 

of three parameters: a particular radial direction, “r,” from the peak at the center of the pile to the 

outer edge at the base of the pile; a point, “s,” along that radial direction between the peak of the 

pile and the outer edge of the base of the pile; and a depth, “t”, beneath point “s.” The top of the 

sample material will be below depth t, at point s, on radius r. Use a rod, dowel, stake, or broom 

handle as a marker. Nail or otherwise fasten to the top of the marker two pieces of string or cord 

of sufficient length and strength to reach from the top of the marker at the top of the pile to the 

farthest peripheral edge at the bottom of the pile, when the marker is positioned at the top or 

apex of the pile. Pound or push the marker into the top center (apex) of the pile, downward 

toward the center of the base. Insert the marker for at least 30 cm or one foot until the marker is 

rigidly standing on its own, even when the cord is pulled tight to the bottom peripheral edge of 

the pile. Ensure that the marker protrudes from the top of the pile sufficiently to allow the strings 

to move easily around the pile when they are pulled tight. Select the three parameters and the 

sampling location as follows:

(i) Determine the radial component (r) of the location for each sample.

(A) Tie to a stake or otherwise fasten one of the strings at “b,” the bottom of the pile, as a 

reference point for finding r.

(B) Measure the circumference “c,” the distance around the bottom of the pile. Determine r from 

b in one of two ways:

(1) Multiply c by a randomly generated fraction or percentage of one.

(2) Select a random number between one and the total number of centimeters in c.

(C) Locate r by starting at b, the place where the fixed string meets the base of the pile, and 
travel clockwise around the edge of the pile at the base for the distance you selected in paragraph 

(c)(3)(i)(B) of this section.

(D) Fasten the second string at the selected distance. The second string marks the first parameter 

r.

(ii) Determine the second parameter s of the location for each sample.

(A) Measure the distance, l, along the string, positioned in paragraph (c)(3)(i)(D) of this section, 

from the top to the bottom of the pile at the selected radial distance r. Determine the distance s 

from l in one of two ways:

(1) Multiply l by a randomly generated fraction or percentage of one.

(2) Select a random number between one and the total number of centimeters in l.

(B) Mark, for example by placing a piece of tape on the string positioned according to paragraph 

(c)(3)(i)(D) of this section, the distance s, up from the bottom of the pile on the string at r.

(iii) Determine the third and final parameter t of the location for each sample.

(A) Mark and number 1 cm intervals from one end of a rigid device, for example a rod, dowel, 

stake, or broom handle, for measuring the distance from the top of the pile to the bottom at the 

point s selected in paragraph (c)(3)(ii)(B) of this section. The marked and numbered device shall 

be of sufficient strength to be forced down through the maximum depth of the pile and sufficient 

length to measure the depth of the waste in the pile at any point.

(B) Take the measuring device, constructed according to paragraph (c)(3)(iii)(A) of this section, 

and at position s, push the end of the device marked with zero straight down into the pile until it 

reaches the bottom of the pile or ground level. The vertical distance “v” is the number of 

centimeters from the surface of the pile at point s on the string to the bottom of the pile or ground 

level. Read the distance v on the measuring device at the surface of the pile. From the distance v, 

determine t, in one of two ways:

(1) Randomly generate a fraction of one and multiply the fraction times v.

(2) Select a random number between zero and the total number of centimeters of the vertical 

distance v.

(iv) Dig a hole straight down into the pile for t centimeters (inches) from the surface of the pile at 

s.

(v) At depth t, directly under the s mark on the string, outline the top of the sample container and 

collect (shovel) all waste under the outline in the following order of preference in paragraphs 

(c)(3)(v)(A) through (c)(3)(v)(C) of this section. It is possible that some of the eight sampling 

locations will not provide 19 liters of sample.
(A) For a depth of 30 cm.

(B) Until the container is full.

(C) Until the ground level is reached.

(d) Compositing the samples. Composite the eight 19-liter samples and subsample in accordance 

with §761.350. Send the subsample to a laboratory for further sampling as described in 

§§761.353 and 761.355 and for chemical extraction and analysis. If there is insufficient sample 

for a 19-liter sample from the composite sample composed of the eight iterations of sample site 

selection, according to the procedures in paragraphs (c)(3)(i) through (c)(3)(v) of this section, 

select additional sample sites, collect additional samples and composite the additional waste in 

the samples until a minimum of 19 liters is in the composite.

[63 FR 35469, June 29, 1998, as amended at 64 FR 33762, June 24, 1999]

§ 761.348 Contemporaneous sampling.

Contemporaneous sampling is possible when there is active generation of waste and it is possible 

to sample the waste stream as it is generated. Collect eight 19-liter samples as follows.

(a) Collect each sample by filling a 19-liter (5 gallon) container at a location where the PCB bulk 

product waste is released from the waste generator onto a pile or into a receptacle container 

before the waste reaches the pile or receptacle container.

(b) Determine a sample collection start time using a random number generator or a random 

number table to select a number between 1 and 60. Collect the first sample at the randomly 

selected time in minutes after start up of the waste output, or if the waste is currently being 

generated, after the random time is selected. For example, if the randomly selected time is 35, 

begin collection 35 minutes after the start up of waste generation. Similarly, if waste output is 

ongoing and the random start determination occurred at 8:35 a.m., collect the first sample at 9:10 

a.m. (35 minutes after the random start determination).

(c) Collect seven more samples, one every 60 minutes after the initial sample is collected. If the 

waste output process stops, stop the 60–minute interval time clock. When the process restarts, 

restart the 60–minute interval time clock and complete the incomplete 60–minute interval.

(d) Composite the eight 19-liter samples and subsample in accordance with §761.350.

§ 761.350 Subsampling from composite samples.

(a) Preparing the composite. Composite the samples (eight from a flattened pile; eight or more 

from a conical pile; eight from waste that is continuously generated) and select a 19-liter 

subsample for shipment to the chemical extraction and analysis laboratory for further 

subsampling. There are two options for the preparation of the composite:
(1) Option one. Place all of the contents of all 19-liter samples that you collected into a 209 liter 

(55 gallon) drum or similar sized, cylinder-shaped container. Completely close the container, and 

roll it 10 or more complete revolutions to mix the contents.

(2) Option two. Add the 19-liter samples one at a time to a 209 liter (55 gallon) drum. Between 

the addition of each 19-liter sample, stir the composite using a broom handle or similar long, 

narrow, sturdy rod that reaches the bottom of the container. Stir the mixture for a minimum of 10 

complete revolutions of the stirring instrument around the container at a distance approximately

half way between the outside and center of the container.

(b) Selecting a 19-liter subsample from the composite. Once the composite is mixed, pour the 

mixture of waste out on a plastic sheet and either divide it into 19-liter size piles or make one 

large pile.

(1) From 19-liter sized piles, use a random number generator or random number table to select 

one of the piles.

(2) From one large pile, flatten the pile to a depth of 30 cm and divide it into 4 quarters of equal 

size. Use a random number generator or random number table to select one quarter of the pile. 

Further divide the selected quarter pile into 19-liter portions and use a random number generator 

or random number table to select one 19-liter portion. A square having a 25 cm side or a circle 

having a diameter of approximately 28.5 cm when projected downwards 30 cm equals 

approximately 19 liters.

(c) Transferring the sample to the analytical laboratory. Place the selected 19-liter subsample in a 

container, approved for shipment of the sample, to the chemical extraction and analysis 

laboratory, for the next step in sample selection in accordance with §761.353.

§ 761.353 Second level of sample selection.

The second level of sample selection reduces the size of the 19-liter subsample that was collected 

according to either §761.347 or §761.348 and subsampled according to §761.350. The purpose 

of the sample size reduction is to limit the amount of time required to manually cut up larger 

particles of the waste to pass through a 9.5 millimeter (mm) screen.

(a) Selecting a portion of the subsample for particle size reduction. At the chemical extraction 

and analysis laboratory, pour the 19-liter subsample onto a plastic sheet or into a pan and divide 

the subsample into quarters. Use a random number generator or random number table to select 

one of these quarters.

(b) Reduction of the particle size by the use of a 9.5 mm screen. Collect the contents of the 

selected quarter of waste resulting from conducting the procedures in paragraph (a) of this

section and shake the waste in a 9.5 mm screen. Separate the waste material which passes 

through the screen from the waste material which does not pass through the screen. Manually cut 

or otherwise reduce the size of all parts of the waste portion which did not pass through the 9.5 
mm screen, such that each part of the waste shall pass through the 9.5 mm screen by shaking.

(c) Drying the reduced particle size waste. Dry all of the waste portion resulting from conducting 

the procedures in paragraph (b) of this section, from 10 to 15 hours in a drying oven at 100 ̊C. 

Allow the dried waste to cool to room temperature.

(d) Mixing the dried waste. Place all of the waste resulting from conducting the procedures in 

paragraph (c) of this section in a 19-liter pail or similarly sized, cylinder-shaped container. Mix 

the dried material according to one of the two following options:

(1) First mixing option. Completely close the container and roll the container a minimum of 10 

complete revolutions to mix the contents.

(2) Second mixing option. Use a sturdy stirring rod, such as a broom handle or other device that 

reaches the bottom of the container, to stir the waste for a minimum of 10 complete revolutions 

around the container at a distance approximately half way between the outside and the center of 

the container.

§ 761.355 Third level of sample selection.

The third level of sample selection further reduces the size of the subsample to 100 grams which 

is suitable for the chemical extraction and analysis procedure.

(a) Divide the subsample resulting from conducting the procedures in §761.353 of this part into 

100 gram portions.

(b) Use a random number generator or random number table to select one 100 gram size portion 

as a sample for a procedure used to simulate leachate generation.

(c) Dry the 100 gram sample, selected after conducting the procedure in paragraph (b) of this 

section, for 10 to 15 hours in a drying oven at 100 ̊C and cool it to the analytical laboratory room 

temperature before analysis using a procedure used to simulate leachate generation. This sample 

was dried previously in the larger quantity sample at the second level of sampling (§761.353(c)) 

and is dried a second time here (in the third level of sample selection). This dried and cooled 

sample must weigh at least 50 grams.

(d) If the dried and cooled sample weighs <50 grams, select additional 100 gram portions of 

sample one at a time by repeating the directions in paragraph (b) and (c) of this section, and add 

each additional 100 gram portion of sample to the first 100 gram portion until at least 50 grams 

of dried material is in the sample to be analyzed using a procedure used to simulate leachate 

generation.

§ 761.356 Conducting a leach test.

No method is specified as a procedure used to simulate leachate generation.
§ 761.357 Reporting the results of the procedure used to simulate leachate generation.

Report the results of the procedure used to simulate leachate generation as micrograms PCBs per 

liter of extract from a 100 gram sample of dry bulk product waste. Divide 100 grams by the 

grams in the sample and multiply this quotient by the number of micrograms PCBs per liter of 

extract to obtain the equivalent measurement from a 100 gram sample.

§ 761.358 Determining the PCB concentration of samples of waste.

Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-846, Test Methods 

for Evaluating Solid Waste, or a method validated under subpart Q of this part, for chemical 

extraction of PCBs from individual and composite samples of PCB bulk product waste. Use 

Method 8082 from SW-846, or a method validated under subpart Q of this part, to analyze these 

extracts for PCBs.

§ 761.359 Reporting the PCB concentrations in samples.

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

Subpart S—Double Wash/Rinse Method for Decontaminating Non-Porous Surfaces

Source: 63 FR 35472, June 29, 1998, unless otherwise noted.

§ 761.360 Background.

The double wash/rinse procedure is used to quickly and effectively remove PCBs on surfaces. It 

is important to select and use the proper cleanup equipment, to conduct the procedure correctly

so as not to redistribute PCBs, and to comply with disposal requirements for all cleanup 

materials.

§ 761.363 Applicability.

The double wash/rinse procedure includes two washing steps and two rinsing steps. The two 

washing and rinsing steps are slightly different depending on whether a contaminated surface 

was relatively clean before the spill (see §761.372), or whether the surface was coated or covered 

with dust, dirt, grime, grease or another absorbent material (see §761.375).

§ 761.366 Cleanup equipment.

(a) Use scrubbers and absorbent pads that are not dissolved by the solvents or cleaners used, and 

that do not shred, crumble, or leave visible fragments on the surface. Scrubbers and absorbent 

pads used to wash contaminated surfaces must not be reused. Scrubbers and absorbent pads for 

rinsing must not contain 2 ppm PCBs. Scrubbers and absorbent pads used in the second rinse of 

contaminated surfaces may be reused to wash contaminated surfaces.

(b) Capture and contain all solvents and cleaners for reuse, decontamination, or disposal. Clean 
organic solvents contain <2 ppm PCBs. Clean water contains <3 ppb PCBs.

§ 761.369 Pre-cleaning the surface.

If visible PCB-containing liquid is present on the surface to be cleaned, thoroughly wipe or mop 

the entire surface with absorbent paper or cloth until no liquid is visible on the surface.

§ 761.372 Specific requirements for relatively clean surfaces.

For surfaces that do not appear dusty or grimy before a spill, such as glass, automobile surfaces, 

newly-poured concrete, and desk tops, use the double wash/rinse procedures in this section.

(a) First wash. Cover the entire surface with organic solvent in which PCBs are soluble to at least 

5 percent by weight. Contain and collect any runoff solvent for disposal. Scrub rough surfaces 

with a scrub brush or disposable scrubbing pad and solvent such that each 900 cm2 (1 square 

foot) of the surface is always very wet for 1 minute. Wipe smooth surfaces with a solventsoaked, disposable absorbent pad such that each 900 cm2 (1 square foot) is wiped for 1 minute. 

Any surface <1 square foot shall also be wiped for 1 minute. Wipe, mop, and/or sorb the solvent 

onto absorbent material until no visible traces of the solvent remain.

(b) First rinse. Wet the surface with clean rinse solvent such that the entire surfaces is very wet 

for 1 minute. Drain and contain the solvent from the surface. Wipe the residual solvent off the 

drained surface using a clean, disposable absorbent pad until no liquid is visible on the surface.

(c) Second wash. Repeat the procedures in paragraph (a) of this section. The rinse solvent from 

the first rinse (paragraph (b) of this section) may be used.

(d) Second rinse. Repeat the procedures in paragraph (b) of this section.

§ 761.375 Specific requirements for surfaces coated or covered with dust, dirt, grime, grease, or 

another absorbent material.

(a) First wash. Cover the entire surface with concentrated or industrial strength detergent or nonionic surfactant solution. Contain and collect all cleaning solutions for proper disposal. Scrub 

rough surfaces with a scrub brush or scrubbing pad, adding cleaning solution such that the 

surface is always very wet, such that each 900 cm2 (1 square foot) is washed for 1 minute. Wipe 

smooth surfaces with a cleaning solution-soaked disposable absorbent pad such that each 900 

cm2 (1 square foot) is wiped for 1 minute. Wash any surface <1 square foot for 1 minute. Mop 

up or absorb the residual cleaner solution and suds with an clean, disposable, absorbent pad until 

the surface appears dry. This cleaning should remove any residual dirt, dust, grime, or other 

absorbent materials left on the surface during the first wash.

(b) First rinse. Rinse off the wash solution with 1 gallon of clean water per square foot and 

capture the rinse water. Mop up the wet surface with a clean, disposable, absorbent pad until the 

surface appears dry.
(c) Second wash. Follow the procedure in §761.372(a).

(d) Second rinse. Follow the procedure in §761.372(b).

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

(a) Decontamination. Decontaminate solvents and non-porous surfaces on equipment in 

accordance with the standards and procedures in §761.79(b) and (c).

(b) Reuse. A solvent may be reused so long as its PCB concentration is <50 ppm. 

Decontaminated equipment may be reused in accordance with §761.30(u). Store solvents and 

equipment for reuse in accordance with §761.35.

(c) Disposal. Dispose of all solvents, cleaners, and absorbent materials in accordance with 

§761.79(g). Dispose of equipment in accordance with §761.61(a)(5)(v)(A), or decontaminate in 

accordance with §761.79(b) or (c). Store for disposal equipment, solvents, cleaners, and 

absorbent materials in accordance with §761.65.

Subpart T—Comparison Study for Validating a New Performance-Based Decontamination 

Solvent Under §761.79(d)(4)

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

§ 761.380 Background.

This subpart provides self-implementing criteria for validating the conditions for use in 

performance-based decontamination of solvents other than those listed in §761.79(c)(3) and 

(c)(4). Any person may use this subpart for validating either a chemical formulation or a product 

with a trade name whether or not the constituents of the product are proprietary.

§ 761.383 Applicability.

Use the self-implementing decontamination procedure only on smooth, non-porous surfaces that 

were once in contact with liquid PCBs. Decontamination procedures under this subpart shall 

exactly parallel §761.79(c)(3) and (c)(4), except that the procedures described in 

§761.79(c)(3)(iii) and (c)(3)(iv) and (c)(4)(iii), (c)(4)(iv) and (c)(4)(vii) may be revised to 

contain parameters validated in accordance with this subpart.

§ 761.386 Required experimental conditions for the validation study and subsequent use during 

decontamination.

The following experimental conditions apply for any solvent:

(a) Temperature and pressure. Conduct the validation study and perform decontamination at 

room temperature (from 15 ̊C to 30 ̊C) and at atmospheric pressure.
(b) Agitation. Limit the movement in the solvent to the short-term movement from placing the 

contaminated surface into the soak solvent and from removing the surface from the soak solvent.

(c) Time of soak. Soak the surface for a minimum of 1 hour.

(d) Surface conditions for the validation study. Prior to beginning the validation study, ensure 

that there are no free-flowing liquids on surfaces and that surfaces are dry (i.e., there are no 

liquids visible without magnification). Also ensure that surfaces are virtually free from nonliquid residues, corrosion, and other defects which would prevent the solvent from freely

circulating over the surface.

(e) Confirmatory sampling for the validation study. Select surface sample locations using 

representative sampling or a census. Sample a minimum area of 100 cm2 on each individual 

surface in the validation study. Measure surface concentrations using the standard wipe test, as 

defined in §761.123, from which a standard wipe sample is generated for chemical analysis. 

Guidance for wipe sampling appears in the document entitled “Wipe Sampling and Double 

Wash/Rinse Cleanup as Recommended by the Environmental Protection Agency PCB Spill 

Cleanup Policy,” available from the TSCA Assistance Information Service, Environmental 

Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(f) Concentration of PCBs. The method validated may be used only to decontaminate surfaces 

containing PCBs at concentrations on which the validation study was performed and lower 

concentrations.

§ 761.389 Testing parameter requirements.

There are no restrictions on the variable testing parameters described in this section which may

be used in the validation study. The conditions demonstrated in the validation study for these 

variables shall become the required conditions for decontamination using the solvent being 

validated and shall replace the comparable conditions in §761.79(b)(3) through (b)(6). There are 

limited potential options for varying a single requirement in this section. If you change one of 

these variable requirements, change it only in the way listed in this section and do not change 

any other validated conditions. If you desire to change more than one of the requirements in this 

section, you must conduct a new study to validate the decontamination under the desired 

conditions.

(a) The study apparatus is not standardized. Critical components of the study are the PCB 

material (for example MODEF or some other spiking solution), the volume of the soaking 

solvent, and the area of the contaminated surface. The EPA study used beakers and shallow 

dishes as the experimental vessels to contain the surface and solvent during the soaking process. 

In order to minimize surface-to-volume ratios, it is convenient to utilize flat contaminated 

surfaces and shallow solvent containers. During the validation study, use the same ratio of 

contaminated surface area to soak solvent volume as would be used during actual 

decontamination. It is also permissible to use a smaller surface area to soaking solvent volume 

than used in the validation study, so long as all other required parameters are used as validated in 

the confirmation required in §761.386 (a) through (f), and paragraphs (a) through (c) of this 
section. Do not use a larger surface-area-to-solvent-volumes ratio or different kind of solvent 

based on the results of the validation study.

(b) Except for the minimum soak time of 1 hour (as required in §761.386(c)), the length of soak 

time is not otherwise restricted in the validation study. The soak time used in the validation 

study, however, is a use requirement for subsequent decontamination using the solvent being 

validated. It is permissible to use longer soak times for decontamination than the soak time used 

in the validation study, if all other parameters required in §761.386, and paragraphs (a) and (c) of 

this section are used.

(c) There is no restriction on the kind of material containing PCBs to use to create the surface 

contamination for the validation study. There is also no restriction on the level of starting PCB 

surface concentration. It is permissible to use lower concentrations of PCB than the 

concentration used in the validation study, if all other parameters required in §761.386 (a) 

through (f), and paragraphs (a) through (c) of this section are used.

§ 761.392 Preparing validation study samples.

(a)(1) To validate a procedure to decontaminate a surface contaminated with a spill from liquid 

of a known concentration, contaminate (spike) the surface to be used in the validation study as 

follows:

(i) Use a spiking solution made of PCBs mixed with a solvent to contaminate clean surfaces. 

Clean surfaces are surfaces having PCB surface concentrations <1 g/100 cm2 before 

intentionally contaminating the surface.

(ii) Prior to contaminating a surface for the validation study, mark the surface sampling area to 

assure that it is completely covered with the spiking solution.

(iii) Deliver the spiking solution onto the surface, covering all of the sampling area. Contain any 

liquids which spill or flow off the surface. Allow the spiking solution to drip drain off into a 

container and then evaporate the spiking solution off the contaminated surface prior to beginning 

the validation study. Contaminate a minimum of eight surfaces for a complete validation study.

(iv) As a quality control step, test at least one contaminated surface to determine the PCB 

concentration to verify that there are measurable surface levels of PCBs resulting from the 

contamination before soaking the surface in the decontamination solvent. The surface levels of 

PCBs on the contaminated surfaces must be 20 g/100 cm2.

(2) To validate a procedure to decontaminate a specified surface concentrations of PCBs as 

measured by a standard wipe sample, contaminate a minimum of 10 surfaces. Contaminate all 

the surfaces identically following the procedures in paragraph (a)(1) of this section and measure 

the PCB surface concentrations of at least three of the surfaces using a standard wipe test to 

establish a surface concentration to be included in the standard operating procedure. The surface 

levels of PCBs on the contaminated surfaces must be 20 g/100 cm2.
(b) [Reserved]

§ 761.395 A validation study.

(a) Decontaminate the following prepared sample surfaces using the selected testing parameters 

and experimental conditions. Take a standard wipe sample of the decontaminated surface.

(1) At least one uncontaminated surface. The surface levels of PCBs on the uncontaminated 

surface must be <1 g/100 cm2.

(2) At least seven contaminated surfaces.

(b)(1) Use SW-846, Test Methods for Evaluating Solid Waste methods for sample extraction and 

chemical analysis as follows: Use Method 3500B/3540C or Method 3500B/3550B for the 

extraction and cleanup of the extract and Method 8082 for the chemical analysis, or methods 

validated under subpart Q of this part.

(2) Report all validation study surface sample concentrations on the basis of micrograms of 

PCBs per 100 cm2 of surface sampled.

(c) Following completion of the validation study, measurements from the contaminated surfaces 

must have an arithmetic mean of 10 g/100 cm2. If the arithmetic mean is >10 g/100 cm2, 

then the validation study failed and the solvent may not be used for decontamination under 

§761.79(d)(4) according to the parameters tested.

§ 761.398 Reporting and recordkeeping.

(a) Submit validation study results to the Director, National Program Chemicals Division 

(NPCD), (7404), Office of Pollution Prevention and Toxics, 1200 Pennsylvania Ave., NW., 

Washington, DC, prior to the first use of a new solvent for alternate decontamination under 

§761.79(d)(4). The use of a new solvent is not TSCA Confidential Business Information (CBI). 

From time to time, the Director of NPCD will confirm the use of validated new decontamination 

solvents and publish the new solvents and validated decontamination procedures in the Federal 

Register.

(b) Any person may begin to use solvent validated in accordance with this subpart at the time 

results are submitted to EPA.

(c) Record all testing parameters and experimental conditions from the successful validation 

study into a standard operating procedure (SOP) for reference whenever the decontamination 

procedure is used. Include in the SOP the identity of the soaking solvent, the length of time of 

the soak, and the ratio of the soak solvent to contaminated surface area during the soaking 

process. Also include in the SOP the maximum concentration of PCBs in the spilled material and 

the identity of the spilled material, and/or the measured maximum surface concentration of the 

contaminated surface used in the validation study. Record and keep the results of the validation 

study as an appendix to the SOP. Include in this appendix, the solvent used to make the spiking 
solution, the PCB concentration of the spiking solution used to contaminate the surfaces in the 

validation study, and all of the validation study testing parameters and experimental conditions.