UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

--- PCB Q & A MANUAL ---

An EPA TSCA assistance document designed to provide the regulated

community with Agency interpretations to frequently posed

questions.*

Prepared by:

 OPERATIONS BRANCH

CHEMICAL MANAGEMENT DIVISION

OFFICE OF POLLUTION PREVENTION AND TOXICS

1994 EDITION

* This publication is an informal document, and persons are

directed to the PCB final rules at Title 40 of the Code of

Federal Regulations part 761 (40 CFR part 761) except where

otherwise noted for specific legal requirements. This document

provides information on the regulatory requirements for

polychlorinated biphenyls that have been reflected in final

regulations published through December 31, 1990. Any past

versions of this document either final or in draft form are now

obsolete.
--FOREWORD--

The PCB Q & A Manual has been prepared to assist the user in

answering frequently asked questions on the PCB regulations. It

is a quick source of information that will be updated as new

rules and policies become final. The looseleaf style and

pagination within chapters will facilitate updating as needed. 

Each time a new chapter is added, a new table of contents and a

new alphabetical list of chapters will also be generated. All

persons to whom EPA has sent the PCB Q & A Manual will

automatically receive updates with instructions to add and/or

replace pages already in the binder. Please complete the

following Update Request Form and mail this entire page to:

Environmental Assistance Division (7408), Environmental

Protection Agency, 401 M St. S.W., Washington, DC 20460, or call

the TSCA Assistance Information Service at 202-554-1404 to

receive the PCB Q & A Manual Updates and Revisions.

- PCB Q & A MANUAL -

Update Request Form

FACILITY: 

STREET ADDRESS: 

CITY: STATE: ZIP: 

ATTENTION: 
TABLE OF CONTENTS

Introduction...................................................i

History of the PCB Regulations...............................iii

PCBs in the Workplace.........................................ix

Regional PCB Branch Offices..................................xiv

CHAPTER:

 I. Transformers

 A. NonRailroad

 B. Railroad

 II. Capacitors

 A. Large

 B. Small

 III. Heat Transfer and Hydraulic Systems

 IV. Natural Gas Pipelines

 V. Electromagnets, Switches, and Voltage Regulators

 VI. Circuit Breakers, Reclosers, and Cable

 VII. Research and Development

 VIII. Microscopic Mounting Medium, Immersion Oils, Optical

 Liquids

 IX. Carbonless Copy Paper

 X. Excluded PCB Products

 XI. Recycled PCBs and Excluded Manufacturing Processes

 XII. PCB Storage Requirements

 XIII. PCB Disposal Requirements

 XIV. PCB Spill Cleanup Policy

 XV. Recordkeeping and Reporting

 XVI. PCB Testing Procedures

 XVII. Import and Export

 XVIII. PCB Transformer Fire Related Requirements

 XIX. PCB Notification and Manifesting Rule
Appendix I - Code of Federal Regulations

Appendix II - Commercially Permitted PCB Disposal Companies

ALPHABETICAL LIST OF CHAPTERS

CHAPTER:

Appendices

 II. Capacitors

A. Large

B. Small

 IX. Carbonless Copy Paper

 VI. Circuit Breakers, Reclosers, and Cable

 V. Electromagnets, Switches, and Voltage Regulators

 X. Excluded PCB Products

 III. Heat Transfer and Hydraulic Systems

 XVII. Import and Export

 VIII. Microscopic Mounting Medium, Immersion Oils, Optical

 Liquids

 IV. Natural Gas Pipelines

 XIII. PCB Disposal Requirements

 XIX. PCB Notification and Manifesting Rule

 XIV. PCB Spill Cleanup Policy

 XII. PCB Storage Requirements

 XVI. PCB Testing Procedures

 XVIII. PCB Transformer Fire Related Requirements

 XV. Recordkeeping and Reporting

 XI. Recycled PCBs and Excluded Manufacturing Processes

 VII. Research and Development

 I. Transformers
 A. NonRailroad

 B. Railroad
i

- INTRODUCTION -

The term PCB is an acronym for polychlorinated biphenyl. PCBs

are produced by attaching one or more chlorine atoms to a

biphenyl molecule. As one of the most stable organic compounds

known, their properties made them useful as dielectric fluid in

various types of electrical equipment and heat transfer systems.

Monsanto Corporation was the principal manufacturer of PCBs for

use as a fire-resistant or nonflammable insulating fluid in

electrical and heat transfer equipment. In 1977, Monsanto

voluntarily ceased production of PCBs because of widespread

environmental concerns about the chemical.

PCBs were sold under the trade name "Aroclor." However,

companies that used PCBs in the manufacture of transformers and

capacitors, and for other uses, often used other trade names. 

Common trade names for PCBs include the following:

COMMON TRADE NAMES

Aroclor Chlorinol Fenclor Nonflammable Liquid

Arochlor B Chlorphen Hyvol Phenoclor

ALC Clophen Inclor Pydraul

Apirolio Clorinol Inerteen Pyralene

Asbestol Diaclor Keneclor Pyranol

ASK DK Kenneclor Pyroclor

Askarel* Dykanol Magvar Saf-T-Kuhl

Adkarel EEC-18 MCS 1489 Santotherm

Capacitor 21 Elemex No-Flamol Santovac 1 and 2

Chlorextol Eucarel Nepolin 

*Askarel is also the generic term used for nonflammable

insulating liquid in transformers and capacitors.

"Askarel" PCBs are chemical mixtures containing many different

PCB congeners. They have a heavy, liquid, oil-like consistency,

and weigh 10 to 15 pounds per gallon. They are very stable,

exhibit low water solubility, low vapor pressure, low

flammability, high heat capacity, low electrical conductivity,

and have a favorable dielectric constant for use in electrical

equipment.

When PCBs were manufactured as dielectric fluid for transformers,

they were often mixed with certain organic solvents such as
ii

chlorinated benzenes. Therefore, the dielectric fluids present

in the electrical transformers containing PCBs are usually not

pure PCB. The presence of these other chemicals influences the

physical/chemical properties of the Askarel fluid.

PCBs are also produced as byproducts and process impurities in

certain chemical manufacturing processes. They may vary from a

single isomer to a variety of congeners and display different

physical and chemical properties, depending on the number of

isomers and the degree of chlorination (the number of chlorine

atoms attached to the biphenyl molecule). PCBs with fewer

chlorine atoms are, in general, less persistent, more water

soluble, and more flammable than PCBs with more chlorine atoms.

HEALTH EFFECTS

PCBs are toxic and persistent. Available laboratory animal

studies indicate an oncogenic potential whose degree varies with

exposure. Epidemiological data are not now adequate to confirm

or negate oncogenic potential in humans. Further epidemiological

research is needed to correlate human and animal data. However,

EPA finds no evidence to suggest that the animal data would not

predict an oncogenic potential in humans.

PCBs can enter the body through the lungs, gastrointestinal

tract, and skin. They circulate throughout the body and are

stored in the body's fatty tissue. EPA finds that PCB exposure

may cause negative reproductive effects and developmental

toxicity in humans. Available data show that some PCBs have the

ability to alter reproductive processes in mammals, sometimes

even at doses that do not cause other signs of toxicity. Animal

data and limited available data on humans suggest that prenatal

exposure to PCBs can result in various degrees of developmental

effects. Postnatal effects have been demonstrated on immature

animals, following exposure to PCBs prenatally and via breast

milk.

In some cases, chloracne may occur in humans exposed to PCBs. 

Severe cases of chloracne are painful and disfiguring, and may be

persistent. Although the effects of chloracne are reversible,

EPA considers these effects to be significant. For more

information on the health effects of PCBs, The Response to

Comments on the Health Effects of PCBs submitted by the Chemical

Manufacturers Association and the Edison Electric Institute is

available from the TSCA Assistance Information Service at 202-

554-1404.

In addition to the toxic effects related to exposure to PCBs
iii

alone, EPA is very concerned about the toxicity of the chemicals

produced when PCBs are involved in fire-related incidents. These

chemicals include polychlorinated dibenzofurans (PCDFs) and

polychlorinated dibenzo-p-dioxins (PCDDs), both of which are

believed to be much more toxic than PCBs themselves. Toxicological effects of these chemicals include embryotoxicity,

teratogenicity, reproductive effects, and oncogenicity. Other

compounds of toxicological significance may also be produced and

released from fires involving PCB equipment. For further

information on the health effects of dioxins, The Ambient Water

Quality Criteria For 2,3,7,8-Tetrachlorodibenzo-p-dioxin is

available from the TSCA Assistance Information Service at 202-

554-1404.

ENVIRONMENTAL EFFECTS

Certain PCB congeners are among the most stable chemicals known

and decompose very slowly once they are released into the

environment. They remain in the environment and are taken up and

stored in the fatty tissue of organisms. EPA has concluded that

PCBs can be concentrated in freshwater and marine organisms. 

Available data show that PCBs affect the productivity of

phytoplankton and the composition of phytoplankton communities. 

PCBs also cause deleterious effects on environmentally important

freshwater invertebrates and impair reproductive success in birds

and mammals.

PCBs are toxic to fish at very low exposure levels and can

adversely affect their survival rate and reproductive success. 

The literature shows that various sublethal physiological effects

on bone development and reproductive organs are attributed to

exposure to PCBs. Phytoplankton are the primary food source

directly or indirectly of all sea organisms. Also, phytoplankton

are a major source of oxygen in the atmosphere. The transfer of

PCBs up the food chain from phytoplankton to invertebrates, fish,

and mammals can result in human exposure through consumption of

PCB-containing food sources. 

- HISTORY OF THE PCB REGULATIONS -

In recognition of the risks associated with PCBs and their

widespread distribution throughout the environment, in 1976, the

United States Congress enacted the Toxic Substances Control Act

(TSCA), which banned with limited exceptions the manufacture,
iv

processing, distribution in commerce, and use of PCBs other than

in a "totally enclosed manner". Section 6(e) of TSCA also

required EPA to promulgate regulations for the proper disposal of

PCBs and develop clear and adequate warnings and instructions

with respect to their processing, distribution in commerce, use

and disposal. Section 16 of TSCA provides for penalties up to

$25,000 a day per violation of section 6(e) of the Agency's PCB

regulations.

PCB marking and disposal regulations were published in the

Federal Register on February 17, 1978 (43 FR 7150). The PCB "Ban

Rule" (Federal Register May 31, 1979) included provisions banning

the manufacture, processing, distribution in commerce, and use of

PCBs which became effective on July 2, 1979 (44 FR 31514).

The May 31, 1979 Rule:

Designated all intact, nonleaking capacitors,

electromagnets and transformers, other than railroad

transformers, as "totally enclosed," which allowed

their use without restrictions or conditions;

Established a 50 ppm PCB regulatory cutoff for

manufacturing, processing, distribution in commerce,

and use; and

Authorized the use of PCBs under specific conditions

and time constraints for 11 activities. These

activities were:

Servicing transformers (other than railroad

transformers),

Use in and servicing of railroad transformers,

Use in and servicing of mining equipment,

Use in heat transfer systems,

Use in hydraulic systems,

Use in carbonless copy paper,

Use in pigments,

Use in and servicing of electromagnets,

Use in natural gas pipelines,

Use in small quantities for research and

development, and 

Use as a mounting medium in microscopy.

The Environmental Defense Fund (EDF) challenged several

provisions of the May 1979 rule, and in October of 1980, the U.S.

Court of Appeals for the District of Columbia ruled that there

was insufficient evidence in the record to support several

provisions of the May 1979 rule. Specifically, the Court struck
v

down the classification of transformers, capacitors, and

electromagnets as "totally enclosed," and the regulatory cutoff

at 50 ppm for the manufacture, processing, distribution in

commerce, and use of PCBs. The 11 use authorizations contained

in the May 1979 rule remained in effect. EPA, EDF, and certain

industry representatives filed a joint motion seeking a stay of

the Court's mandate until further rulemaking could be completed. 

The Court granted the stay. 

On August 25, 1982, EPA issued a final rule governing the use and

servicing of electrical equipment containing PCBs (47 FR 37342). 

This final rule was issued as a result of the Court's decision to

strike down the May 1979 rule's classification of transformers,

capacitors, and electromagnets as "totally enclosed." In the

August 25, 1982 rule, EPA authorized the use of electrical

equipment containing PCBs with certain conditions and

restrictions intended to minimize human and environmental

exposures to PCBs.

On October 21, 1982, EPA issued part one of a two-part rule to

address the 50 ppm regulatory cutoff (47 FR 46980). This final

rule addressed closed and controlled waste manufacturing

processes. EPA submitted a plan to the Court on November 1,

1982, that requested a further extension of the stay of mandate

for the 50 ppm cutoff and presented plans for the completion of

the rulemaking on this issue. (The October 21, 1982 rule was

superseded later by the "Uncontrolled PCB's Rule" issued on July

10, 1984.)

In addition to issuing rules as a result of the Court decision in

October 1980, EPA also promulgated an amendment to the Use

Authorization for Railroad Transformers which originally appeared

in the May 1979 rule. On January 3, 1983, EPA published a final

rule amending and extending the use authorization for PCB

railroad transformers (48 FR 124).

On March 30, 1983, EPA promulgated a procedural change in the

approval process for mobile and non-unique disposal facilities

(48 FR 13181). The authority for granting or denying approval of

these facilities was transferred from the regions to EPA

headquarters.

On July 10, 1984, several rulings were made final. One rule

addressed individual and class petitions for exemption from the

prohibition against the manufacture, processing, and distribution

in commerce of PCBs (49 FR 28154). The use of small quantities

of PCBs for use in research and development was authorized

indefinitely. 
vi

On July 10, 1984, EPA also issued an amendment to the October 21,

1982 rule (49 FR 28172). This "Uncontrolled PCB's Rule"

completed part two of EPA's earlier 1982 rulemaking regulatory

cutoff for PCBs, which was overturned in the 1980 Court decision. 

This rule excluded additional processes from regulation based

upon EPA's determination that these processes do not present an

unreasonable risk of injury to human health or to the

environment. Among other things, the rule permitted the

manufacturing, processing, distribution in commerce, and use of

inadvertently generated PCBs and recycled PCBs under limited

circumstances. This amendment replaced the terms "Closed

Manufacturing Process" and "Controlled Waste Manufacturing

Process" with "Excluded Manufacturing Process." PCBs with

concentrations below 50 ppm, under certain conditions and

restrictions, were authorized for use in hydraulic and heat

transfer fluid and in the compressors and liquid of natural gas

pipeline systems.

On November 8, 1984, a final rule was issued that revised the

definition of "Totally Enclosed Manner" (49 FR 44634). It

changed from "any manner that will ensure that any exposure of

human beings or the environment to any concentration of PCBs will

be insignificant, that is, not measurable or detectable by any

scientifically acceptable method" to "any manner that will ensure

no exposure of human beings or the environment to any

concentration of PCBs."

The "PCB Transformer Fires Rule" was published on July 17, 1985

(50 FR 29170). This final rule amended portions of the August

25, 1982 electrical equipment rule by placing additional

restrictions and conditions on the use of PCB Transformers

(electrical transformers containing 500 ppm or greater PCBs). 

This rule prohibited the use of higher secondary voltage (480

volts and above) network PCB Transformers in or near commercial

buildings after October 1, 1990. By October 1, 1990, it required

the installation of enhanced electrical protection on lower

secondary voltage network PCB Transformers and radial PCB

Transformers in use in or near commercial buildings. It

prohibited further installation of PCB Transformers in or near

commercial buildings after October 1, 1985 and required the

registration by December 1, 1985 of all PCB Transformers with

fire response personnel and building owners. Further, the ruling

required, by December 1, 1985, the marking of the exterior of all

PCB Transformer locations and the removal of all stored

combustibles located near PCB Transformers.

This rule also required owners of PCB Transformers involved in

fire-related incidents to immediately notify the National

Response Center and to take measures as soon as possible to
vii

contain any potential releases of PCBs or incomplete combustion

products to water.

A clarification of the July 17, 1985 rule was published on

December 31, 1986 (51 FR 47241). It addressed the following

areas of the regulation:

the PCB Transformer registration requirement,

the requirement for the removal of stored combustibles,

the requirement to notify the National Response Center

of fire-related incidents, 

the definition of commercial building,

the status of mineral oil transformers found to have

over 500 ppm PCBs, 

the ban on the installation of PCB Transformers in or

near commercial buildings,

the requirement for labelling of exterior access to PCB

Transformer locations.

The PCB Spill Cleanup Policy was published on April 2, 1987 (52

FR 10688). The Policy establishes methods of cleanup and cleanup

levels of spills containing PCBs at concentrations of 50 ppm or

greater. EPA uses the Policy standards to determine the adequacy

of cleanup for penalty purposes. It specifies cleanup of PCBs to

different levels depending on the spill location, the potential

for exposure to residual PCBs remaining after the cleanup, the

concentration of the PCBs initially spilled and the nature and

size of the population potentially at risk of exposure. The

Policy imposes the most stringent requirements on areas where

there is the greatest potential for human exposure to spilled

PCBs; less stringent requirements where the type and degree of

contact present lower potential exposure; and even less stringent

requirements where there is little potential for any direct human

exposure.

While the Policy applies to the majority of spill situations, it

does provide for exceptional situations that may require

additional cleanup or less stringent standards at the discretion

of the EPA regional office.

On June 27, 1988, EPA published final amendments to the

"Uncontrolled PCBs Rule" (Federal Register July 10, 1984) which

excluded additional materials containing less than 50 ppm PCBs

from regulation (53 FR 24206). The amendments did the following: 

1) eliminated the requirement that maintenance workers wear

VitonR elastomer gloves when servicing heat transfer and

hydraulic systems; 2) allowed the use of and distribution in
viii

commerce of certain equipment and materials that have been

adequately decontaminated in accordance with the applicable PCB

spill cleanup policies in effect at the time of the cleanup;

3) maintained the 3 parts per billion (ppb) water discharge limit

from paper processing mills or allowed an equivalent mass-based

limitation for water discharges to be met; 4) prohibited the

burning for fuel of oil containing 2 to 49 ppm PCBs in

nonindustrial boilers and furnaces; and 5) excluded from the ban

on processing, distribution in commerce, and use certain products

containing less than 50 ppm PCBs. Remaining prohibitions on PCBs

less than 50 ppm are as a dust control agent, sealant, coating,

inert ingredient in pesticides or herbicides, road oiling agent,

use as a rust preventative, and use as a fuel in nonindustrial

boilers and furnaces. Readers should consult with their State

Department of Environmental Quality or equivalent to determine if

there are any additional regulations the State may have for PCBs

less than 50 ppm. A document titled "Summary of State PCB

Management Programs" is available through the TSCA Assistance

Information Service (202-554-1404).

On July 19, 1988, EPA published amendments (53 FR 27322) to the

"PCB Transformer Fires Rule" (Federal Register July 17, 1985). 

The amendments include: 1) modifying the enhanced electrical

protection provision for nonsidewalk lower secondary voltage

network PCB Transformers; 2) prohibiting the use, as of October

1, 1993, of all lower secondary voltage network PCB Transformers

located in sidewalk vaults; 3) allowing the installation of PCB

Transformers in or near a commercial building only for

reclassification or emergency purposes; 4) allowing the use under

certain limited conditions of an alternate label (other than ML)

on the exterior of PCB Transformer locations; and 5) setting up a

schedule of compliance for mineral oil transformers thought to be

PCB contaminated (i.e., 50-499 ppm) and later determined to be a

PCB Transformer (i.e., 500 ppm).

The 1985 PCB Transformer Fires Rule regulated the use of

transformers in an attempt to reduce fire-related risks posed by

the use of these transformers. After publication of the August

21, 1987 proposed amendment to the PCB Transformer Fires Rule,

EPA received comments indicating that complete deenergization of

the transformer would not be necessary to prevent transformer

rupture. The comment stated that deenergization of the faulted

phase (partial deenergization) would be sufficient to prevent

transformer rupture. After further review, EPA determined that

partial deenergization may be acceptable electrical protection

for low voltage radial PCB transformers under some circumstances.

By final rule dated November 26, 1990 (55 FR 49043) EPA amended

the regulations concerning enhanced electrical protection
ix

requirements for low voltage radial transformers containing PCBs

and extended the deadline for compliance for these types of

transformers to February 25, 1991. This rule did not alter any

other enhanced electrical protection requirements. It provided

that partial deenergization, i.e., deenergizing only the faulted

phase(s) in a low voltage radial transformer, may, in some

circumstances, be equivalent to total deenergization of such

transformers in the event of a high current fault. This rule

states that partial deenergization will be equivalent to total

deenergization only if the transformer configuration and

associated safety factors demonstrate that partial deenergization

is consistent with EPA's goals of avoiding fault related

failures, tank rupture, and fires in PCB Transformers. Owners

and operators of low voltage radial transformers in or near

commercial buildings who wish to utilize partial deenergization

are required to install this type of electrical protection using

good engineering practices.

There had been increasing concern on the part of Congressional

oversight committees about certain aspects of EPA's disposal

program for polychlorinated biphenyl (PCB) wastes. In

particular, the most frequently cited concerns were: (1) the

lack of an effective tracking system that would track PCB wastes

in a "cradle-to-grave" fashion; and (2) the lack of sufficient

oversight of the activities and qualifications of the PCB waste

brokers and other intermediate storers who may store the PCB

wastes owned by others.

The PCB Notification and Manifesting rule published on December

21, 1989 (54 FR 52716) adds to the TSCA disposal regulations a

PCB waste tracking system based on the RCRA model for the

tracking of hazardous wastes. At the heart of the tracking

system are the requirements that PCB waste handlers (disposers,

commercial storers, transporters, and generators with PCB storage

areas) notify EPA of their PCB waste activities, and use the RCRA

Uniform Manifest in connection with their shipments of regulated

PCB wastes.

Second, this rule adds to the existing PCB storage facility

standards a requirement that certain commercial storers of PCB

wastes obtain written approvals from the EPA Regional

Administrators. The issuance of these commercial storer

approvals is conditioned on an evaluation of the applicant's

qualifications to engage in the business of PCB waste storage,

and the submission of closure plans and proof of financial

responsibility for proper closure of PCB storage areas.

In addition, the rule includes additional recordkeeping and

reporting requirements that will complete the PCB waste tracking
x

function, as well as facilitate EPA's enforcement of the PCB

disposal regulations.

On November 2, 1990 (55 FR 46470) EPA proposed a rule which

addresses the method by which permits issued under 40 CFR Part

761 are to be revoked or suspended. The criteria and procedures

for suspensions and revocations, proposed in the PCB Permit

Revocation Rule, will apply to those approvals required by the

1989 Notification and Manifesting rule, as well as to the

disposal approvals which are currently required by the

regulations. At the time of publication of this document, the

Permit Revocation rule had not been published in final form. 

- PCBs IN THE WORKPLACE -

There are Occupational Safety and Health Administration (OSHA)

regulations governing PCBs in the workplace. OSHA has in place

two 8-hour time-weighted averages (TWAs) for chlorodiphenyl. For

chlorodiphenyl containing 42 percent chlorine, the TWA is 1.0

mg/m3 of workplace air. For chlorodiphenyl containing 54 percent

chlorine, the TWA is 0.5 mg/m3 of workplace air. An employee's

exposure to PCBs in any 8-hour workshift of a 40-hour week cannot

exceed these concentrations. Further, employers are required to

ensure a safe workplace under OSHA regulations. If specific

standards are not applicable, this general requirement for a safe

workplace would apply.

The National Institute for Occupational Safety and Health (NIOSH)

recommends a more stringent air standard for worker exposure of

1.0 μg/m3.

EPA's rules do not directly regulate workers, but the rules do

restrict or prohibit certain PCB activities and reduce the amount

of PCBs in the workplace. Therefore, as a result of EPA's PCB

rules the number of workers exposed to PCBs has been dramatically

reduced. EPA rules prohibit PCB Transformer rebuilding (except

for railroad transformers) that involves removal of the

transformer's coil. Prohibitions have terminated activities that

could result in the major long-term occupational exposure to high

concentrations of PCBs. However, worker exposure can still occur

as a result of PCB spills and authorized servicing operations for

PCB Transformers.
xi

PROTECTIVE CLOTHING

The type of protective clothing that should be worn when working

with PCBs depends on the individual circumstances. Protective

clothing and equipment for workers is intended to prevent skin

and eye contact and to control respiratory exposure.

In any operation where workers may come into contact with PCBs,

protective clothing impervious to PCBs should be worn. Gloves,

boots, overshoes, and bib-type aprons that cover boot tops should

be provided, when necessary.

Nonporous gloves and boots and heavy overalls can usually protect

the skin. For major spill cleanup activities, a full suit of

nonporous clothing may be appropriate. Also, nonporous aprons

can be effective in reducing contamination of worker clothing. 

The following tables rate comparable materials used to protect

against dermal exposure to PCBs.
xii

COMPARATIVE TABLES ON MATERIALS USED

TO PROTECT AGAINST DERMAL EXPOSURE TO PCBs

 *Table 1. Recommendations for Protection Against Aroclor

 1254 Undiluted and Paraffin Oil

 

Highly Recommended Recommended Not Recommended

Viton Teflonb,c Surgical rubber

Viton SF Polyvinyl alcohol Polyethylene

Vitrile Nitrileb

 Neoprene

 Saranexb

 Butylb

 *Table 2. Recommendations for Protection Against Aroclor

 1254 in Trichlorobenzene: 58 percent Arochlor

 1254a

 

Highly Recommended Recommended Not Recommended

 

Vitrol Teflon Saranex

Viton SF Nitrile Butyl

 Polyvinyl alcohol Neoprene

 Vitrile Polyethylene

 Surgical rubber

 

a. "Highly Recommended" materials showed no breakthrough

in 24 hours. Breakthrough time was 8 to 24 hours for

the "Recommended" category. Breakthrough time was less

than 8 hours for the "Not Recommended" category. These

recommendations assume comparable thickness, thus are

based on normalized breakthrough times.

b. Investigators noticed what appeared to be defects in

both Butyl and Saranex-laminated tyvek and nitrile; in

one Teflon thumb, penetration appeared to occur through

a seam.

c. Teflon is not highly recommended because when it is

flexed, as it would be when worn, permeation sometimes

takes place due to physical defects which flexing
xiii

produces.

*From the EPA/OTS TSCA Public Files; Versar, Inc. OPTS 62017

PCBs Controlled Wastes Communication N 23 File.

*BREAKTHROUGH TIMES FOR VARIOUS PROTECTIVE GARMENT

MATERIALS EXPOSED TO PCBs

 

TYPE OF MATERIAL THICKNESS (mils) TIME (min)

Homogeneous, nonbonded

Butyl rubber 22 2.5

Neoprene rubber latex 23 0.5

Nitrile rubber latex 8 1.0

Nitrile rubber milled 12 0.8

Polyethylene, medium density 2 0.6

Poly(vinyl alcohol), 

 unsupported 15 0.3

Surgical rubber latex 8 #

Teflon, crumpled 2 #

Teflon, noncrumpled 2 60.0

Viton elastomer 10 0.3

Coated, bonded**

Butyl-coated nylon*** 15 3

Polyethylene-coated

 Tyvek 5

 Tyvek toward H2O

 Polyethylene toward H2O

Polyethylene-coated nylon 4 0.5

Poly(vinyl chloride)-coated 

 nylon 10 0.5

 

* From the EPA/OTS TSCA Public Files; Versar Inc. OPTS 

 62017 PCB Controlled Wastes File. Weeks and

McLeod 1980.

** These are also referred to as composite or multilayered

 materials.

*** Mil C-12189
xiv

# Testing was not performed.
xv

EYE PROTECTION/RESPIRATORY EXPOSURE CONTROL

Eye protection (chemical safety goggles, face shields with

goggles or safety glasses with side shields) should be worn

during any operation in which PCBs are present. If liquid

or solid PCBs contact the eyes, they should be irrigated

immediately with large quantities of water and then a

physician or other responsible medical personnel should

examine them.

Respiratory exposure control (whether individual protection

or workplace control) is most relevant for long-term

production operations or major spills, when concentrations

of airborne PCBs may exceed the recommended occupational

exposure limit. PCB Transformer spills can pose respiratory

problems when solvents, such as trichlorobenzene, are mixed

with PCBs. Small spills, such as capacitor failures, seldom

pose respiratory problems, but protection should be provided

for incidents in confined areas. The following chart

outlines the National Institute for Occupational Safety and

Health (NIOSH) recommendations for respiratory protection

from PCBs. EPA also recommends the use of dust masks

(surgical type) for use during soil cleanup.

*Respirator Selection Guide

 

 Respiratory Type Approved 

Concentration of PCBs Under Provisions of 30 CFR 11

 

 

Greater than 1.0 cubic m (1) Self-contained breathing

or Emergency (entry into apparatus with full

areas of unknown facepiece operated in

concentration) pressure-demand or 

 other positive 

 pressure mode.

 (2) Combination Type C 

 supplied air respirator

 with full facepiece

 operated in pressure- 

 demand or other positive 

 pressure mode and an 

 auxiliary selfcontained breathing

apparatus operated

in pressure demand or

other positive pressure 
xvi

mode.

 

*Source: NIOSH Recommendation USDHEW 1977

REGIONAL PCB BRANCH OFFICES

USEPA Region I (ME, NH, VT, MA, RI, CT)

Pesticides and Toxic

Substances Branch (ATC)

John F. Kennedy Federal Bldg.

Boston, MA 02203

(617-565-3257)

USEPA Region II (NY, NJ, PR, VI)

Pesticides and Toxic 

Substances Branch (MS-105)

2890 Woodbridge Ave.

Edison, NJ 08837

(908-906-6817)

USEPA Region III (PA, DE, MD, VA, WV, DC)

Toxics and Pesticides Branch

841 Chestnut Bldg.

Philadelphia, PA 19107

(215-597-7668)

USEPA Region IV (KY, TN, NC, SC, GA, AL, MS, FL)

Pesticides and Toxic

Substances Branch

345 Courtland St. N.E.

Atlanta, GA 30365

(404-347-1033)

USEPA Region V (OH, IN, IL, MN, WI, MI)
xvii

Pesticides and Toxic

Substances Branch (SP-14J)

77 West Jackson Blvd.

Chicago, IL 60604

(312-886-7061)

USEPA Region VI (AR, LA, OK, TX, NM)

Pesticides and Toxic 

Substances Branch (6T-PT)

1445 Ross Avenue

Suite 1200

Dallas, TX 75202-2733

(214-655-7290)

USEPA Region VII (IA, KS, MO, NE)

Toxics and Pesticides Branch (TOPE)

726 Minnesota Avenue

Kansas City, KS 66101

(913-551-7394)

USEPA Region VIII (ND, SD, MT, WY, UT, CO)

Pesticides and Toxic

Substances Branch

One Denver Place

Suite 500

999 18th Street

Denver, CO 80202-2466

(303-293-1686)

USEPA Region IX (CA, NV, AZ, HI, Guam)

Pesticides and Toxic

Substances Branch (A-4-4)

75 Hawthorne St.

San Francisco, CA 94105

(415-744-1094)

USEPA Region X (WA, OR, ID, AK)
xviii

Pesticides and Toxic

Substances Branch (AT-083)

1200 6th Avenue

Seattle, WA 98101

(206-553-7369)
CHAPTER I

PART A

TRANSFORMERS

(NONRAILROAD)

Manufacturing (page I-3)

Processing (page I-4)

Distribution in Commerce (Sale of Transformers) (page I-4)

Exemptions to Manufacture, Process, and Distribute

 PCBs in Commerce (page I-6)

Marking/Labeling (page I-6)

Phaseout Requirements (page I-7)

Use Conditions (page I-10)

(1) PCB Transformer Emergency Installations (page I-10)

(2) PCB Transformer Reclassification Installations 

(page I-11)

(3) Electrical Protection Requirements (page I-12)

(4) Registration Requirements (page I-13)

(5) Combustible Materials (page I-15)

(6) Inspections (page I-16)

(7) Leaking PCB Transformers (page I-17)

(8) Fire-Related Incidents (page I-17)

(9) Discovery of a Mineral Oil PCB Transformer (page I-18)

Servicing and Reclassification Conditions (page I-20)

Storage for Reuse (page I-22)

Storage for Disposal (page I-22)

Disposal (page I-23)

Recordkeeping (page I-25)

Spills (page I-26)
I-1

PART A

- TRANSFORMERS -

Transformers are used to raise and lower voltage. As

voltage is transmitted from a generating facility through

transmission and distribution systems, it may be raised or

lowered a number of times depending on the technical

configuration of the system and the varying voltage

requirements of the customer.

A large transformer may be several times the size of an

automobile and contain hundreds or even thousands of gallons

of oil or other dielectric fluid. Such transformers are

typically located in generating facilities or substations. 

However, the vast majority of transformers are considerably

smaller.

Between the extremely large transformers used to transmit

power and the extremely small overhead transformers used to

bring power into homes, there are numerous transformers of

assorted size and voltage ratings used to adjust voltage to

the requirements of all types of commercial and industrial

customers. Prior to EPA's regulations of PCBs, when these

transformers were located indoors, fire codes often

encouraged the use of PCBs as an insulating fluid.

Today, for purposes of regulation, EPA classifies

transformers into three basic categories - "PCB," "PCBContaminated," and "Non-PCB." A "PCB Transformer" is one

which contains 500 parts per million (ppm) or greater PCBs. 

A "PCB-Contaminated Transformer" is one which contains 50-

499 ppm PCBs. And finally, a "Non-PCB Transformer" contains

less than 50 ppm PCBs.

EPA also categorizes transformers by their type, location,

and secondary voltage. As these various categories of

transformers are regulated to different degrees, it is

important to know the type of transformer in question.

Q1: Do transformers have to be tested to determine their PCB

concentration? If not, how can I determine the equipment's

classification?

A1: The regulations do not require that these types of equipment

be tested to determine the PCB concentration in their fluid. 

However, in the absence of a test, certain assumptions must

be made about the equipment. For example, if the nameplate
I-2

indicates that the equipment contains PCB dielectric fluid

(see table of trade names on p.i), or, if there is any

reason to believe that the equipment at one time contained

PCB dielectric fluid, or, if there is no nameplate on the

equipment or other information to indicate the type of

dielectric fluid, then the equipment must be assumed to be a

PCB Transformer (500 ppm or greater). Transformers which

are known to contain mineral oil dielectric fluid and whose

PCB concentration is unknown, must be assumed to be PCBContaminated Electrical Equipment (50-499 ppm) and must be

treated as such. However, if the PCB concentration has ever

been known or if a person has reason to know the

concentration equalled or exceeded 500 ppm PCBs, the

transformer must be treated as a PCB Transformer. These

"assumption rules" effectively apply to all regulatory

requirements relating to the equipment including: use and

servicing, leaks and spills, sale for reuse, storage for

disposal, and disposal.

Q2: Can screening tests, such as Clor-n-OilTM, be used to

determine the PCB concentration of a transformer? If so,

can "Certified Non-PCB" labels be used to classify

transformers based upon a screen test?

A2: Currently, the regulations do not require that any

particular testing method be utilized when determining the

PCB concentration in transformers. However, because EPA

does not recognize the results of such field concentration

screening tests for purposes of classifying transformers,

transformer owners should prudently scrutinize PCB testing

options, as there are significant differences in the

integrity and accuracy of various testing methods. It

should be noted that, in most situations, EPA will utilize

laboratory gas-chromatography (GC) testing to determine PCB

concentrations during facility inspections. EPA recommends

that owners of electrical equipment choose testing methods,

and practice sampling procedures, which are analytically

accurate, reproducible, assure quality control, and are

certifiable.

The use of non-PCB labels is unregulated by EPA. That is to

say, there are no prohibitions or requirements to place nonPCB labels on transformers. However, if non-PCB labels are

used to indicate the classification of equipment, then

owners should be able to provide documentation such as test

results or manufacturer's letters along with historic

service records which will substantiate the non-PCB

classification. A criminal action could be pursued for

someone intentionally using non-PCB labels on known or
I-3

assumed PCB Items.

Q3: Can I batch test oil samples from several transformers and

classify each unit based upon one test result?

A3: The only place in the regulations where "batch testing" is

allowed is under testing procedures for disposal of PCBs

[761.60(g)]. It is only owners or users of mineral oil

dielectric fluid electrical equipment who may take advantage

of the batch testing provision. However, batch testing to

classify equipment for continued use of PCBs is also

allowable provided that known or assumed dilution does not

take place. That is, mineral oil that is assumed or known to

contain 50 ppm or greater 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 batch. 

While there is no requirement to individually test mineral

oil transformers, if test results of the drained carcass(es)

show a concentration of greater than 500 ppm PCBs,

that/those transformer(s) tested as a batch must be treated

as a PCB (>500 ppm) and the batch tested oil must be treated

as containing greater than 500 ppm PCBs for purposes of

disposal.

Q4: Many pole-mounted distribution transformers have no

information on their nameplate indicating that they do, in

fact, contain mineral oil dielectric fluid. Without this

nameplate information, am I required to assume that these

units are "PCB" classification (500 ppm or greater)?

A4: The regulations allow "oil-filled" electrical equipment

whose PCB concentration is unknown to be assumed less than

500 ppm (PCB-Contaminated, 50-499 ppm). EPA has received

numerous comments from the electric utility industry and

others indicating that significant numbers of pole-mounted

utility distribution transformers have no nameplate

information stating the type of "oil" in the unit. In the

absence of this direct indication, the owner may still make

the assumption of "PCB-Contaminated" if the purchase record,

or manufacturer's literature or other specific

documentation, identifies the transformer as oil-filled, or

if manufacturer's nameplate codes correlate with oil-filled

status. However, in the absence of direct nameplate

information or secondary documentation, any such transformer

must be considered as "PCB" unless tested and proved

otherwise.

MANUFACTURING
I-4

The manufacture of PCBs, regardless of concentration, for

any use including transformers is prohibited without an EPA

exemption [TSCA section 6(e) and 761.20(b)].

Q5: Most of the transformers our facility purchases today

indicate "Non-PCB" on the equipment's nameplate. Does this

mean that companies can still manufacture transformers with

15, 20, or even 30 ppm PCBs in the oil?

A5: No. The manufacture of transformers containing any PCBs 2

ppm or greater is prohibited.

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in

transformers is prohibited without an EPA exemption

[761.20(c)]. However, PCBs at concentrations less than 50

ppm may be processed for use in transformers (under specific

conditions) in accordance with the definition of "Excluded

PCB Products" [see 761.3 for specific examples]. Also, PCBs

at any concentration may be processed (i.e., prepared and/or

packaged for distribution in commerce) for purposes of

disposal in accordance with the requirements of 761.60

[761.20(c)(2)].

DISTRIBUTION IN COMMERCE (Sale of Transformers)

The distribution in commerce of PCBs, 50 ppm or greater, for

use in transformers is prohibited without an EPA exemption

[761.20(c)]. However, PCBs at concentrations less than 50

ppm may be distributed in commerce for use in transformers

(under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3]. Also, PCBs

at any concentration may be distributed in commerce for

purposes of disposal in accordance with the requirements of

761.60 [761.20(c)(2)]. Disposal, in this context, means the

termination of the useful life of the PCB or PCBContaminated Transformer.

The distribution in commerce (sale) of transformers which

contain PCBs in concentrations of 50 ppm or greater (known

or assumed) for purposes of reuse is allowed provided:

the transformer was originally sold for use before

July 1, 1979;

the transformer is intact and nonleaking at the

time of sale; and
I-5

no PCBs are introduced into the transformer.

Q6: Does this mean that I can sell a PCB or PCB-Contaminated

Transformer?

A6: Yes. If the transformer was originally sold for use before

July 1, 1979, and is now being sold for reuse (i.e.,

continued use). Also, the transformer must be totally

enclosed, intact and nonleaking. EPA recommends that the

buyer be advised that he is purchasing a PCB or PCBContaminated Transformer.

Q7: What does intact and nonleaking mean?

A7: Intact and nonleaking means that the transformer is

structurally sound with all fluid intact and there are no

PCBs on the external surface of the transformer.

Q8: Can I sell drained PCB-Contaminated Transformer carcasses

(known or assumed 50-499 ppm) to a rebuilder for reuse as

parts in repair and remanufacturing activities?

A8: No. Selling drained 50-499 ppm carcasses for reuse is an

unauthorized distribution in commerce of PCBs and is

prohibited without an EPA exemption. On the other hand,

non-PCB carcasses (less than 50 ppm) can be sold for reuse

(under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3].

Q9: Can I sell drained PCB-Contaminated Transformer carcasses

(known or assumed 50-499 ppm) to a scrap or salvage dealer

for metals recovery?

A9: Yes. The sale of drained 50-499 ppm carcasses for scrapping

or salvaging is generally considered distribution in

commerce for purposes of disposal and is allowed with

certain limitations. To qualify as disposal, the scrapping

practice must be one which will "...terminate the useful

life of PCBs or PCB Items" [761.3]; or, in other words, will

destroy any residual PCBs found in the drained carcasses. 

Salvaging aimed at reclamation of the metals found in the

case and coil generally constitutes disposal, because any

residual PCBs are destroyed by the high temperatures

employed in the smelting process. However, where salvaging

merely consists of disassembling the drained equipment to

obtain parts for reuse in other equipment, the useful life

of the equipment has not been fully terminated and thus is
I-6

not considered disposal. In sum, the scrapping/salvaging of

50-499 ppm drained equipment is unregulated to the extent

that: (1) the carcass has been drained of all free-flowing

liquid, (2) scrapping practices do not result in leaks,

spills, or other uncontrolled discharges of PCBs, and (3)

any PCB-contaminated components are not reintroduced into

commerce.

Q10: Can I export drained PCB-Contaminated Transformers for

recovery of metal?

A10: No. PCB-Contaminated Transformers may not be exported for

recovery of metal since this is considered disposal unless

they have been reclassified to non-PCB status, i.e., to <50

ppm. Section 761.20(c) permits distribution in commerce for

purposes of disposal, although this exception refers to

domestic disposal only. PCB-Contaminated Transformers may

be reclassified to the non-PCB status and then exported for

purposes of disposal if the transformer meets the definition

of "Excluded PCB Products". (See Chapter X for further

explanation of this definition.) The process of

reclassification is discussed below under "Servicing and

Reclassification Conditions."

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCBs may be granted only by rulemaking on a caseby-case basis. The EPA Administrator may set terms and

conditions for an exemption and may grant an exemption for

not more than one year. EPA interim procedural rules for

processing and distribution in commerce exemptions describe

the required content of processing and distribution in

commerce exemptions petitions and the procedures EPA follows

in rulemaking on exemption petitions. Those rules were

published in the Federal Register of May 31, 1979 (44 FR

31558) and are codified at 40 CFR 750.30 through 750.41.

MARKING/LABELING

All PCB Transformers must be marked in accordance with EPA

marking and labeling requirements [761.40]. All

marks/labels must comply with EPA marking formats which

specify size, color, and design [761.45].

All PCB Transformers (500 ppm or greater) must be

marked individually with the mark ML (PCB label)
I-7

[761.40(a)(2) and (c)(1)].

The marking of PCB-Contaminated Transformers (50-

499 ppm) is not required [761.40(a)(2)]. If an

owner chooses to mark a PCB-Contaminated

Transformer, it is recommended that the PCB mark

ML not be used.

Transport vehicles loaded with one or more PCB

Transformers (500 ppm or greater) must be marked

on each end and each side with the mark ML (PCB

label) [761.40(b)].

All marks/labels must be placed in a position on

the exterior of the transformer so that the mark

can be easily seen by persons inspecting the

transformer [761.40(h)].

PCB Transformer locations must also be marked/labeled in

accordance with 761.40(j).

As of December 1, 1985, the vault door, machinery

room door, fence (including a chain-linked fence),

hallway, or other means of access (other than

grates and manhole covers) to a PCB Transformer

must be marked with the mark ML (PCB label)

[761.40(j)(1)].

A mark other than the mark ML may be used to identify a PCB

Transformer in certain circumstances/locations, provided all

of the following conditions are met:

The program using such an alternative mark was

initiated prior to August 15, 1985, and can be

substantiated with documentation

[761.40(j)(2)(i)].

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 [761.40(j)(2)(ii)].

The EPA Regional Administrator in the appropriate

region was informed in writing of the use of the

alternative mark by October 3, 1988 and was

provided with documentation that the program began
I-8

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 the firefighting training [761.40(j)(2)(iii)].

The Regional Administrator approved in writing the

use of an alternative mark within 30 days of

receipt of the documentation of a program

[761.40(j)(2)(iv)].

PHASEOUT REQUIREMENTS

After October 1, 1985, the use and storage for

reuse of PCB Transformers (500 ppm or greater)

that pose an exposure risk to food or feed is

prohibited [761.30(a)(1)]. It is the owner's

responsibility to determine whether a PCB

Transformer poses an exposure risk to food or

feed.

After October 1, 1985, the installation of PCB

Transformers in or near commercial buildings is

prohibited. However, as of September 1, 1988, PCB

Transformers may be installed in or near

commercial buildings in an "Emergency Situation"

or "For Purposes of Reclassification" in 

accordance with 761.30(a)(1)(iii)(B) and (C) and

(D).

In or near a commercial building means inside, on,

or within 30 meters of a nonindustrial, nonsubstation building. Commercial buildings are

accessible to the public as well as employees. 

Examples include schools, hospitals, office

buildings, stores, apartment buildings, churches,

and transportation terminals and stations.

Emergency installations, in or near a commercial

building, was permitted until October 1, 1990. 

However, the use of any PCB Transformer installed

on such an emergency basis is permitted only for

one year from the date of installation or until

October 1, 1990, whichever is earlier

[761.30(a)(1)(iii)(B)(2)].

Also, installation of a retrofilled PCB

Transformer, in or near a commercial building, was
I-9

permitted for reclassification purposes until

October 1, 1990. However, the use of a

retrofilled PCB Transformer installed for

reclassification purposes is limited to 18 months

after installation or until October 1, 1990,

whichever is earlier [761.30(a)(1)(iii)(C)(2)(i)]. 

(Note: Retrofilled mineral oil PCB Transformers

may be installed in or near a commercial building

for reclassification purposes indefinitely after

October 1, 1990.)

Also, as of October 1, 1990, the use of network

PCB Transformers with higher secondary voltages

(480 volts or greater, including 480/277 volt

systems) in or near commercial buildings is

prohibited. In addition, network PCB Transformers

with higher secondary voltages which are removed

from service in accordance with this requirement

must either be retrofilled and reclassified or

placed into storage for disposal or disposed of

[761.30(a)(1)(ii)].

Lower secondary voltage (below 480 volts) network

PCB Transformers (not located in sidewalk vaults)

may be used in or near commercial buildings beyond

October 1, 1990 provided: (1) they are equipped

with electrical protection as specified under

761.30(a)(1)(iv)(A) by October 1, 1990 (see

Electrical Protection Requirements); or (2) in

lieu of electrical protection, the transformers

must be registered in writing with the appropriate

EPA Regional Administrator by October 1, 1990. 

(See Registration Requirements on page I-14.) 

Subsequently, those PCB Transformers which the

owner chooses to "register" versus equip with

electrical protection must be removed from service

by October 1, 1993 [761.30(a)(1)(iv)(B)].

As of October 1, 1990, all higher secondary 

voltage radial PCB Transformers, in use in or near

commercial buildings, that have not been removed 

from service, must be equipped with electrical 

protection to avoid transformer ruptures caused by

high current faults [761.30(a)(1(iv)].

As of February 25, 1991 all lower secondary 

voltage radial PCB Transformers, located in or 

near commercial buildings, that have not been 

removed from service, must be equipped with 
I-10

electrical protection to detect sustained high 

current faults and provide for the complete 

deenergization of the transformer or the faulted 

phase of the transformer [761.30(a)(1)(iv)(E)].

Finally, as of October 1, 1993, all lower

secondary voltage (below 480 volts) network PCB

Transformers located in sidewalk vaults in or near

commercial buildings must be removed from service

[761.30(a)(1)(iv)(D)].

Q11: Should a person consider catastrophic failure, such as

ruptures, explosions, or fire when trying to determine

whether a PCB Transformer poses an exposure risk to food or

feed?

A11: One must consider the location of a specific PCB Transformer

in relation to food or feed products, and all other

available information. If there is a reasonable possibility

of contact between PCBs and food or feed, the transformer

must be considered a risk. In evaluating the exposure risk,

it is useful to consider a hypothetical situation in which

PCBs are discharged in any way from the transformer, such as

through a rupture or a leak. The question to be asked is

whether contact between food or feed and PCBs is reasonably

possible. PCB Items that are located adjacent to or above

food or feed products pose an exposure risk, unless there is

secondary containment or another physical structure that

prevents discharges from contaminating the food or feed. 

For purposes of determining if a transformer poses exposure

risks to food or feed, it is not necessary to consider rare

events. The standard to be applied is a reasonable

possibility of contamination of food or feed by PCBs.

Q12: The phaseout requirements indicate that certain types of PCB

Transformers must be removed from service by a specific

date. Can a PCB Transformer be retrofilled and reclassified

to meet this phaseout requirement?

A12: Yes. A PCB Transformer that has been retrofilled and

reclassified to PCB-contaminated or non-PCB status in

accordance with the PCB regulations meets the requirement

for phaseout of a PCB Transformer. However, for practical

purposes, PCB Transformer owners must allow sufficient time

for proper reclassification to reach at least the PCBcontaminated status by the phaseout date.
I-11

USE CONDITIONS

PCB and PCB-Contaminated Transformers (other than in

railroad locomotives and self-propelled railroad cars) may

be used for the remainder of their useful lives subject to

the following conditions:

1) PCB Transformer EMERGENCY INSTALLATIONS: Installation of

a PCB Transformer in or near a commercial building was

permitted when done in accordance with the definition of

"Emergency Situation" [761.3] including:

Those who install PCB Transformers in or near a

commercial building in an emergency situation must

maintain documentation to support the reason for

the emergency installation. This documentation

must be completed within 30 days after

installation of the PCB Transformer and maintained

at the owner's facility [761.30(a)(1)(iii)(B)(1). 

The documentation must include: the type of

transformer that requires replacement, the type of

transformer that must be used for replacement, the

date of the transformer failure, the date of

subsequent replacement, the type of transformer

installed as a replacement, and a statement

describing actions taken to locate a non-PCB or

PCB-Contaminated Transformer replacement

[761.30(a)(1)(iii)(B)(1)(i) through (vi)].

Such emergency installation was permitted until

October 1, 1990, and the use of any PCB

Transformer installed on such an emergency basis

is permitted for 1 year from the date of 

installation or until October 1, 1990, whichever 

was earlier [761.30(a)(1)(iii)(B)(2)].

PCB Transformers installed for emergency purposes

may be subsequently reclassified; however, the

transformer must be effectively reclassified to a

non-PCB or PCB-contaminated status within 1 year

after installation or by October 1, 1990,

whichever was earlier because the transformer was

initially installed in an emergency situation

[761.30(a)(1)(iii)(B)(3)].

NOTE: Owners who installed PCB Transformers in

emergency situations between October 1, 1985 and

September 1, 1988 were required to notify the Regional

Administrator in writing by October 3, 1988 of such
I-12

installation. 

2) PCB Transformer RECLASSIFICATION INSTALLATIONS:

Installation of a retrofilled PCB Transformer in or near a

commercial building for reclassification purposes is

permitted when it is done in accordance with the following:

Those who install PCB Transformers in or near a

commercial building for reclassification purposes

must maintain on the owner's premises, completed

within 30 days of installation, the following

information: the date of installation, the type

of transformer installed, the PCB concentration

(if known) at the time of installation, and the

retrofill and reclassification schedule

[761.30(a)(1)(iii)(C)(1)].

The installation of retrofilled PCB Transformers in or near

commercial buildings for purposes of reclassification was

permitted only until October 1, 1990, with the following

exceptions:

The use of a retrofilled PCB Transformer (a PCB Transformer

that has been drained and refilled to lower its PCB

concentration) installed in or near a commercial building

for reclassification purposes was limited to 18 months after

installation or until October 1, 1990, whichever is earlier

[761.30(a)(1)(iii)(C)(2)(i)].

Retrofilled mineral oil PCB Transformers may be

installed in or near a commercial building for

reclassification purposes indefinitely after

October 1, 1990 [761.30(a)(1)(iii)(C)(2)(ii)]. (A

retrofilled mineral oil PCB Transformer is a

mineral oil transformer that was required to be

assumed to contain between 50 and 499 ppm PCBs,

but was tested and found to contain 500 or more

ppm, and which was subsequently drained and

refilled to lower its PCB concentration.)

Once a retrofilled transformer has been installed

in or near a commercial building 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
I-13

transformer can be reclassified as a PCBContaminated Transformer. If the PCB

concentration remains at 500 ppm or greater, the

entire process must be either repeated until the

transformer has been reclassified to a non-PCB or

PCB-Contaminated Transformer or the transformer

must be removed from service. The

reclassification process must be completed by

October 1, 1990 and adhere to the requirements of

761.30(a)(2)(v) or the transformer must be removed

from service [761.30(a)(1)(iii)(C)(2)(iii)].

NOTE: Owners who installed PCB Transformers in or near

a commercial building for reclassification purposes

between October 1, 1985 and September 1, 1988 were

required to notify the Regional Administrator in

writing by October 3, 1988 of such installation. 

3) ELECTRICAL PROTECTION REQUIREMENTS: 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 (below 480 volts) in or

near commercial buildings (not located in sidewalk vaults)

that have not been removed from service, 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 also be equipped with

electrical protection to avoid transformer ruptures caused

by high current faults [761.30(a)(1)(iv)]. The following

types of electrical protection devices are to be used:

Current-limiting fuses or other equivalent

technology must be used to detect sustained high

current faults and provide for 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. 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 [761.30(a)(1)(iv)(A)].

All lower secondary voltage network PCB

Transformers (below 480 volts) in or near
I-14

commercial buildings (not located in sidewalk

vaults) which have not been equipped with

electrical protection by October 1, 1990 (as

specified above) must either be removed from

service for disposal or reclassified in accordance

with 761.30(a)(2)(v) by October 1, 1993

[761.30(a)(1)(iv)(B)].

As of February 25, 1991 all lower secondary 

voltage radial PCB Transformers must be equipped 

with electrical protection, such as currentlimiting 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 such electrical protection must be 

completed in accordance with good engineering 

practices [761.30(a)(1)(iv)(E)].

As of October 1, 1990, all higher secondary

voltage radial PCB Transformers (480 volts and

above, including 480/277 volt systems), in use in

or near commercial buildings, were required to be

equipped with protection to avoid transformer

ruptures caused by sustained low current faults

[761.30(a)(1)(v)].

Q13: What is the difference between a network and a radial

transformer?

A13: Network transformers are hooked up in parallel systems so

that if one transformer fails another transformer will pick

up the load. A radial transformer is hooked up in a single

line method, and if that transformer fails, the load is not

picked up by another transformer.

Q14: Why did EPA require phaseout without the option of enhanced

electrical protection of network PCB Transformers in or near

commercial buildings with high secondary voltages while

requiring electrical protection on radial transformers?

A14: EPA determined that network PCB Transformers with higher

secondary voltages are particularly likely to be involved in

serious fire-related incidents (i.e., those that involve

smoke spread into buildings). Therefore, EPA has placed

more stringent regulatory measures and controls on these

transformers.
I-15

4) REGISTRATION REQUIREMENTS: As of December 1, 1985, all

PCB Transformers in use (including PCB Transformers in

storage for reuse) were required to be registered with fire

response personnel with primary jurisdiction (that is, the

fire department or fire brigade which would normally be

called upon for the initial response to a fire involving the

equipment) [761.30(a)(1)(vi)]. Information required to be

provided to fire response personnel includes:

The location of the PCB Transformer(s) including: 

the address(es) of the building(s) and the

physical location(s) of the PCB Transformer(s) on

the building site(s); and, for outdoor PCB

Transformers, the location of the outdoor

substation [761.30(a)(1)(vi)(A)].

The principal constituent of the dielectric fluid

in the transformer(s) (e.g., Askarel PCBs, mineral

oil, or silicone oil) [761.30(a)(1)(vi)(B)].

The name and telephone number of the person to

contact in the event of a fire involving the

equipment [761.30(a)(1)(vi)(C)].

Q15: Do PCB Transformers being stored for disposal have to be

registered with the Fire Department?

A15: No not under TSCA. The requirement to register transformers

with fire response personnel is specifically a "use

condition." PCB Transformers which have been removed from

service and are being stored for disposal do not require

registration. Those transformers in storage for reuse,

however, must be registered with fire response personnel.

As of December 1, 1985, PCB Transformers in use in or near

commercial buildings were required to be registered with

building owners. For PCB Transformers located in commercial

buildings, PCB Transformer owners were required to register

the transformers with the building owner of record. For PCB

Transformers located near commercial buildings, PCB

Transformer owners were required to register the

transformers with all owners of buildings located within 30

meters of the PCB Transformer(s) [761.30(a)(1)(vii)]. 

Information required to be provided to building owners by

PCB Transformer owners includes but is not limited to:

The specific location of the PCB Transformer(s) 

[761.30(a)(1)(vii)(A)].
I-16

The principal constituent of the dielectric fluid

in the transformer(s) (e.g., Askarel PCBs, mineral

oil, or silicone oil) [761.30(a)(1)(vii)(B)].

The type of transformer installation (e.g.,

208/120 volt network, 280/120 volt radial, 208

volt radial, 480 volt network, 480/277 volt

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

[761.30(a)(1)(vii)(C)].

As of October 1, 1990, owners of lower secondary voltage

network PCB Transformers in use in or near commercial

buildings but not located in sidewalk vaults, which have not

been equipped with electrical protection as specified under

761.30(a)(1)(iv)(A), must register in writing those

transformers with the EPA Regional Administrator in the

appropriate region [761.30(a)(1)(iv)(C)]. The information

required to be provided in writing to the Regional

Administrator includes:

The specific location of the PCB Transformer(s)

[761.30(a)(1)(iv)(C)(1)].

The address(es) of the building(s) and the

physical location of the PCB Transformer(s) on the

building site(s) [761.30(a)(1)(iv)(C)(2)].

The identification number(s) of the PCB

Transformer(s) [761.30(a)(1)(iv)(C)(3)].

This registration and disposal option is in lieu of

providing "electrical protection" as specified under

761.30(a)(1)(iv)(A). Consequently, these lower secondary

voltage network PCB Transformers must be removed from

service by October 1, 1993 [761.30(a)(1)(iv)(B)].

5) COMBUSTIBLE MATERIALS: As of December 1, 1985,

combustible materials include, but are 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 [761.30(a)(1)(viii)].

Q16: Does the 5-meter distance requirement apply vertically as

well as laterally?

A16: EPA does not require the removal of stored combustibles
I-17

within a 5-meter vertical distance provided that there is a

continuous permanent ceiling overhead and/or floor below. 

However, if the floor, for example, is made of metal grates,

an electrical fault could still ignite combustibles below,

and consequently the 5-meter distance in this situation

would apply.

Q17: Would items such as a wooden desk, wooden benches, and other

materials used in an office setting be considered stored

combustibles and have to be moved at least 5 meters from a

PCB Transformer?

A17: No. Since these materials are used on a day-to-day basis,

they would not be considered "stored combustibles" and

consequently are not required to be moved. Office equipment

stored as surplus would be considered stored combustibles.

Q18: If a PCB Transformer is surrounded by a chain-link fence, is

the transformer considered "enclosed" for purposes of the

stored combustibles requirement?

A18: No. A PCB Transformer surrounded by a chain-link fence is

not considered "enclosed" for the purpose of this

requirement, and therefore, combustible materials must not

be stored within 5 meters of the transformer. The reason

for this is that a chain-link fence would not provide a

barrier to prevent an electrical fault or a transformer fire

from potentially reaching nearby combustible materials. On

the other hand, a PCB Transformer surrounded by 2- to 3-hour

fire-resistant walls would be reasonably protected from

controllable or less severe fires.

Q19: Does the combustible materials requirement apply to a PCB

Transformer which has been placed into storage for disposal?

A19: No. The combustible materials requirement is specifically a

PCB Transformer "use condition." Combustible materials do

not have to be removed from close proximity to a PCB

Transformer which is being stored for disposal.

6) INSPECTIONS: A visual inspection of each PCB Transformer

(500 ppm or greater) 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 months: 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 or

dielectric fluid on or around the transformer. The extent
I-18

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 [761.30(a)(1)(ix)].

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

[761.30(a)(1)(xiii)]. PCB Transformers which may be

inspected annually versus quarterly include:

PCB Transformers which have impervious, undrained,

secondary containment capacity of at least 100

percent of the total dielectric fluid volume of

all transformers so contained

[761.30(a)(1)(xiii)(A)].

PCB Transformers which have 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) [761.30(a)(1)(xiii)(B)]. 

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 [761.30(a)(1)(xii)]. Such records shall

contain the following information for each PCB Transformer

[761.30(a)(1)(xii)(A) through (H)]:

Its location.

The date of each visual inspection and the date

that leak was discovered, if different from the

inspection date.

The person performing the inspection.

The location of any leak(s).

An estimate of the amount of dielectric fluid

released from any leak.

The date of any cleanup, containment, repair, or

replacement.

A description of any cleanup, containment, or
I-19

repair performed.

The results of any containment and daily

inspection required for uncorrected active leaks.

7) LEAKING PCB TRANSFORMERS: 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 761.60. 

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 [761.30(a)(1)(x)].

Cleanup should be done in accordance with the PCB Spill

Cleanup Policy. See Chapter XIV.

8) FIRE-RELATED INCIDENTS: 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,

D.C. 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 [761.30(a)(1)(xi)]. These 

measures include, but are not limited to:

The blocking of all floor drains in the vicinity

of the transformer [761.30(a)(1)(xi)(A)].
I-20

The containment of water runoff [761.30(a)(1)(xi)

(B)].

The control and treatment (prior to release) of

any water used in subsequent cleanup operations

[761.30(a)(1)(xi)(C)].

9) DISCOVERY OF A MINERAL OIL PCB TRANSFORMER: In the event

a mineral oil transformer, assumed to contain less than 500

ppm of PCBs as provided in 761.3, is tested and found to be

contaminated at 500 ppm or greater PCBs ("PCB Transformer"),

the unit is subject to all the requirements for PCB

Transformers in 40 CFR part 761 and efforts must be

initiated immediately to bring the transformer into

compliance in accordance with the following schedule

[761.30(a)(1)(xv)(A) through (J)]:

Report fire-related incidents, effective

immediately after discovery.

Mark/label the PCB Transformer within 7 days after

discovery.

Mark/label the vault door, machinery room door,

fence, hallway, or other means of access to the

PCB Transformer within 7 days after discovery.

Register the PCB Transformer in writing with fire

response personnel with primary jurisdiction and

with the commercial building owner, within 30 days

of discovery.

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. NOTE: This section of the regulation was

amended in the Federal Register of November 26,

1990 (55 FR 49043) to indicate the February 25,

1991 deadline for installing electrical protection

on lower secondary voltage radial PCB Transformers

as indicated at 761.30(a)(1)(iv)(E). 

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
I-21

later.

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.

Retrofill and reclassify a high secondary voltage

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 (lower

secondary voltage PCB Transformers by February 25,

1991 -- see NOTE above). 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.

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.

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.

SERVICING AND RECLASSIFICATION CONDITIONS

The processing of PCB and PCB-Contaminated Transformers is

limited to servicing activities. These servicing activities

include: draining and refilling, topping off, repairing,

and retrofilling for reclassification [761.30(a)(2)].

The processing and distribution in commerce of PCBs, 50 ppm

or greater, for purposes of servicing and repairing a
I-22

customer's equipment is prohibited without an EPA exemption

[761.30(a)(2)(vii)]. However, an exemption is not required

to service your own PCB or PCB-Contaminated Transformer with

the PCB or PCB-contaminated fluid you already own, in

accordance with the regulations. Also, you can service a

customer's transformers if you use non-PCB or PCB-free

fluid; and, you are allowed to refill a customer's

transformers with the same fluid that came out of the

transformers, regardless of PCB concentration.

The processing (servicing) of non-PCB Transformers with nonPCB fluids and/or components is allowed without restriction.

A PCB Transformer may be reclassified to a PCB-contaminated

or non-PCB Transformer by draining, refilling, and otherwise

servicing the unit. In order to be reclassified, the

transformer's dielectric fluid must contain less than 500

ppm PCB (for conversion to PCB-contaminated level) or less

than 50 ppm PCB (for conversion to non-PCB level) after a

minimum of 3 months of inservice use subsequent to the last

servicing conducted for the purposes of reducing the PCB

concentration in the transformer. Inservice means that the

transformer is used electrically under loaded conditions

that raise the temperature of the dielectric fluid to at

least 50 Centigrade. The Director of the Chemical

Management Division may grant, without further rulemaking,

approval for the use of alternative methods that simulate

the loaded conditions of inservice use [761.30(a)(2)(v)].

Q20: How long do I have to keep the transformer fluid at 50 C?

A20: The regulations do not give a specific amount of time for

keeping the temperature at 50 C, but the intent of the

regulation is to simulate the normal use of a transformer. 

For example, if during normal use, a transformer reaches

50 C on Tuesdays and Thursdays for an hour per day, that is

how long the transformer should be at 50 C to reclassify the

transformer. 

NOTE: EPA is has proposed alternative methods of 

reclassification for both PCB and PCB-Contaminated

Transformers in the Federal Register of November 18, 1993

(58 FR 60970).

The following conditions also apply to service activities:

Removing the coil from a PCB Transformer (500 ppm

or greater) is prohibited [761.30(a)(2)(ii)].
I-23

PCB-Contaminated Transformers may be serviced

(including rebuilding) only with dielectric fluid

containing less than 500 ppm PCB

[761.30(a)(2)(i)].

PCBs, 50 ppm or greater, removed during servicing

must be either reused as dielectric fluid or

disposed of in accordance with EPA requirements

[761.30(a)(2)(iii)].

PCBs from PCB Transformers must not be mixed with

or added to dielectric fluid from PCB-Contaminated

Transformers [761.30(a)(2)(iii)].

If dielectric fluid containing less than 500 ppm

PCBs is mixed with fluid containing 500 ppm or

greater PCBs, then the resulting mixture must not

be used as dielectric fluid in any electrical

equipment. The entire mixture must be considered

to be greater than 500 ppm PCBs and must be

disposed of in an incinerator that meets EPA

requirements [761.30(a)(2)(iv)].

Any dielectric fluid containing 50 ppm or greater

PCBs used for servicing transformers must be

stored in accordance with the storage for disposal

requirements [761.30(a)(2)(vi)].

STORAGE FOR REUSE

Transformers containing PCBs at any concentration may be

stored for reuse. While there are no time limitations on

this storage, transformers 50 ppm or greater (known or

assumed) which are stored for reuse should be in a condition

suitable for reuse. Equipment that is not suitable for

reuse will be considered improperly disposed of. Units that

are in storage for reuse are considered by EPA to be "inservice" for purposes of the regulations. Also, as of

October 1, 1985, the storage for reuse of PCB Transformers

(500 ppm or greater) that pose an exposure risk to food or

feed is prohibited [761.30(a)(1)(i)].

Q21: How long can I keep a "burned-out" or "nonfunctional"
I-24

transformer in storage for reuse if I plan on repairing it

and using it later?

A21: EPA does not require nonfunctional transformers (regardless

of PCB concentration) to be placed into "storage for

disposal" if you intend to repair and reuse the item. 

However, EPA may have grounds to enforce against lengthy

"storage for reuse" of equipment which is not reasonably

expected to be placed back into service. The owner should

be able to demonstrate good faith compliance with the intent

of the storage for disposal requirements and complete any

required servicing or repairs within a reasonable amount of

time. Any item that is damaged and cannot be repaired for

regulatory or technical reasons must be disposed of or

placed into storage for disposal. 

STORAGE FOR DISPOSAL

All PCB and PCB-Contaminated Transformers must be dated when

placed into storage for disposal [761.65(c)(8)] and must be

removed from storage and disposed of within one year

[761.65(a)].

The facility used to store PCB and PCB-Contaminated

Transformers must comply with the "storage for disposal"

requirements [761.65(b)(1)]. See the chapter titled "PCB

Storage Requirements" for specific requirements.

Non-leaking PCB and PCB-Contaminated Transformers may be

stored temporarily by the generator in an area that does not

comply with the requirements for a PCB storage facility for

up to 30 days from the date of their removal from service

for disposal, provided that a notation is attached to each

transformer indicating the dates the equipment was removed

from service [761.65(c)(1)(i)], and placed into storage for

disposal [761.65(c)(8)].

Leaking PCB and PCB-Contaminated Transformers which are

placed in PCB Containers that comply with DOT specifications

[761.65(c)(6)] with sufficient sorbent materials to absorb

any liquid PCBs, may also be temporarily stored by the

generator for up to 30 days provided that a notation is

attached to the container indicating the dates the

transformer was removed from service [761.65(c)(1)(ii)], and

placed into storage for disposal [761.65(c)(8)]. Each

container or drum used to store leaking PCB Items must be

marked in accordance with EPA marking and labeling

requirements [761.40(a)(1)].
I-25

Nonleaking and structurally undamaged PCB-Contaminated

Transformers, that have not been drained of free-flowing

dielectric fluid, may also be stored on pallets next to a

PCB storage facility which meets the requirements for

storage for disposal. This type of storage is permitted

only when the storage facility has immediately available

unfilled storage space equal to 10 percent of the volume of

the equipment stored outside the facility. The equipment

stored outside the facility must be inspected for leaks

weekly [761.65(c)(2)], and a notation must be attached to

each unit indicating the date the equipment was removed from

service [761.65(c)(1)] and placed into storage for disposal

[761.65(c)(8)].

Commercial storers now must seek approval to operate and

demonstrate financial responsibility for closure of the

facility under the new provisions of the Notification and

Manifesting Rule which was published in the Federal Register

on December 21, 1989. See Chapters XII and XIX for further

details on commercial storage facility approvals and other

aspects of the Notification and Manifesting Rule.

DISPOSAL

PCB Transformers (500 ppm or greater) must be disposed of as

follows:

In an incinerator that complies with 40 CFR

761.70.

In a chemical waste landfill which complies with

761.75 provided that: the transformer is first

drained of all free-flowing liquid, filled with

solvent, allowed to stand for at least 18 hours

and then drained thoroughly. PCB liquids that are

removed shall be disposed of by incineration under

761.60(a). Solvents may include kerosene, xylene,

toluene and other solvents in which PCBs are

readily soluble. Precautionary measures should be

taken, however, that the solvent flushing

procedure is conducted in accordance with

applicable safety and health standards as required

by Federal or State regulations

[761.60(b)(1)(i)(B)].

The PCB liquids that are removed, including the

flushing solvent, must be disposed of in an

incinerator that complies with 40 CFR 761.70, or

by an alternative EPA approved and permitted
I-26

disposal method in accordance with 761.60(e).

PCB-Contaminated Transformers (50-499 ppm PCBs) shall be

disposed of as follows:

By draining all free-flowing liquid from the

transformer and disposing of the liquid in an

incinerator that complies with 40 CFR 761.70; or,

in a chemical waste landfill that complies with

761.75, if information is provided to the owner or

operator of the chemical waste landfill that shows

that the waste does not exceed 500 ppm PCBs and is

not an ignitable waste as described in

761.75(b)(8)(iii); or, in an approved high

efficiency boiler that complies with

761.65(a)(2)(iii); or, by an alternative EPA 

approved and permitted disposal method that 

complies with 761.60(e) [(761.60(b)(4)].

The disposal of the drained contaminated equipment carcass

is not regulated [761.60(b)(5)(ii)]; however, drained PCBContaminated Transformer carcasses cannot be sold

(distributed in commerce) for use as parts and components in

repair or rebuilding activities. (See Distribution in

Commerce.)

Non-PCB Transformers (less than 50 ppm PCB) may be disposed

of with the following considerations:

There are no PCB disposal requirements for non-PCB

Transformers. However, certain reuse restrictions

apply to the less than 50 ppm PCB fluid. Waste

oil with any detectable concentration of PCBs

cannot be used as a sealant, coating, or dust

control agent [761.20(d)]; and also, can only be

burned for energy recovery in specific combustion

facilities described in 761.20(e)(1). See the

chapter on "Disposal" for a detailed discussion of

the disposal of non-PCB waste oils.

RECORDKEEPING

The Notification and Manifesting Rule (FR December 21, 1990)

adopts additional recordkeeping and reporting requirements
I-27

at 761.180(a) and (b) to complete the tracking system for

PCB wastes. The rule requires that the manifests themselves

be retained as records by waste handlers, and it requires

reporting to EPA in the event of irregularities in the

transport of regulated wastes. These reports depend largely

on information derived from particular manifests.

Three of the waste tracking reports are modeled after their

RCRA counterparts. The rule requires "Exception Reports" to

be filed with EPA whenever a generator has not received

verification of delivery of PCB waste within 45 days. Also,

a "Discrepancy Report" is required of storage or disposal

facilities in those cases where the waste actually delivered

to them does not correspond exactly with the types and

quantities described on the manifest. Third, an

"Unmanifested Waste Report" is required of disposers or

storers in those instances in which waste arrives at a

facility unaccompanied by a required manifest. All of these

reports may be thought of as "red flags" to EPA of possible

disposal violations. They provide the means for generators 

and disposers to "enforce" the day-to-day workings of the 

manifest system for EPA.

The rule adds one additional reporting requirement for which

there is no counterpart under RCRA. This requirement is the

"One-year Exception Report," intended to bolster EPA's

ability to enforce the requirement under TSCA regulations

that limits storage of PCBs prior to disposal to no more

than one year. Information on when items of PCB waste were

removed from service for disposal is included with the

manifests that accompany the waste from generation to

disposal. Disposers are required to certify the date of

disposal of PCB waste manifested to them, and in the event

more than one year has elapsed since the PCBs were removed

from service for disposal, a report must be filed with EPA.

Finally, the rule adds several amendments to the existing

PCB recordkeeping provisions that concern the Annual

Document requirements for the users, storers, and disposers

of PCBs. The most significant of these amendments is the

requirement that each disposer and commercial storer of PCB

waste submit by July 15 of each year an annual report, which

is a summary of the previous calendar year's PCB activity at

the facility. The report will be submitted to the

appropriate EPA Regional Administrator. See Chapter XV,

Recordkeeping and Reporting, for further details on the

recordkeeping requirements under the Notification and

Manifesting Rule.
I-28

Testing data, inventories, servicing and reclassification

records, spill reports, and disposal records should be

maintained for all PCB and PCB-Contaminated Transformers. 

Specific types and quantities of PCB's [761.180(a)] form the

basis of an Annual Document Log which must be prepared each

year and maintained for at least 3 years after the facility

ceases using or storing PCBs and PCB Items in quantities

prescribed in section 761.180(a). Annual Records (manifests

and certificates of disposal) shall be maintained for the

same period. The Annual Document for 1989 shall cover the

period from January 1, 1989 to February 5, 1990 (the

effective date of the final rule). See Chapter XV,

"Recordkeeping and Reporting" for a detailed discussion of

Annual Records.

SPILLS

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 a PCB or PCB-Contaminated

Transformer is considered improper disposal of PCBs. The

PCB Spill Cleanup Policy provides specific cleanup measures

which, if followed explicitly, create a presumption against 

enforcement for penalties or further cleanup. See the 

chapter on "PCB Spill Cleanup Policy" for specific measures.

PCB spills involving 1 lb. or more of pure PCBs (generally 1

pint of Askarel) must be reported to the National Response

Center at (800) 424-8802. Spills of 10 lbs. or more of pure

PCBs (generally a gallon) must be reported to the

appropriate regional EPA office. Failure to notify the NRC

under CERCLA can lead to civil penalties under Section 109

or, under Section 103, criminal fines and imprisonment. Any

spill should be reported when people or animals can come

into direct and uncontrolled contact with PCBs.

Measures must immediately be taken to control the spread of

the spill. Any threats to water should be given highest

priority. Water and other complicated spills should be

cleaned up by trained personnel to levels set by the

appropriate EPA Regional Administrator. Organizations that

frequently handle PCBs should develop spill contingency

plans and conduct training for dealing with spills.

Once a spill is contained, cleanup measures can begin. EPA

requires cleanup of PCBs to different levels depending on

spill location, the potential for exposure to residual PCBs

remaining after cleanup, the concentration of PCBs initially
I-29

spilled, and the nature and size of the population

potentially at risk of exposure. While the PCB Spill

Cleanup Policy applies to the majority of situations,

exceptional circumstances may require additional cleanup at

the direction of the EPA regional office. A detailed

description of the specific reporting, cleanup,

recordkeeping, and post-cleanup sampling requirements is

found in the chapter on "PCB Spill Cleanup Policy."

Other minor weeping from PCB or PCB-Contaminated Transformer

bushings and seams, not covered by the spill policy, is

still considered improper disposal of PCBs and compels

responsible parties to take actions to rectify the exposure

of humans and the environment to PCBs.

Q22: Do records and/or spill reports have to be kept for all PCB

or PCB-Contaminated Transformers which rupture?

A22: The PCB Spill Cleanup Policy specifies certain recordkeeping

requirements when a PCB or PCB-Contaminated Transformer

ruptures or spills. See the chapter on "PCB Spill Cleanup

Policy" for specific spill recordkeeping requirements.
I-30

CHAPTER I

PART B

TRANSFORMERS

(RAILROAD)

Manufacturing (page I-29)

Processing (page I-29)

Distribution in Commerce (Sale of Railroad Transformers) 

(page I-29)

Exemptions to Manufacture, Process, and Distribute

 PCBs in Commerce (page I-31)

Marking/Labeling (page I-31)

Use and Performance Requirements (page I-32)

Servicing and Reclassification Conditions (page I-32)

Storage for Reuse (page I-33)

Storage for Disposal (page I-33)

Disposal (page I-33)

Spills (page I-32)
I-31

PART B

RAILROAD TRANSFORMERS

EPA defines railroad transformers (in the same manner as

nonrailroad transformers) in three basic categories --

"PCB," "PCB-contaminated," and "Non-PCB." Also, the

"assumption rules" discussed earlier in this chapter (see

page I-1) apply to untested railroad transformers. The

following conditions and restrictions apply to PCBs in

transformers in railroad locomotives or railroad selfpropelled cars (railroad transformers).

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in railroad transformers is prohibited without an EPA

exemption [TSCA section 6(e) and 761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in

railroad transformers is prohibited without an EPA exemption

[TSCA section 6(e) and 761.20(c)]. However, PCBs at

concentrations less than 50 ppm may be processed for use in

railroad transformers (under specific conditions) in

accordance with the definition of "Excluded PCB Products"

[761.3]. Also, PCBs at any concentration may be processed

(i.e., prepared and/or packaged for distribution in

commerce) for purposes of disposal [TSCA section 6(e) and

761.20(c)(2)].

DISTRIBUTION IN COMMERCE (Sale of Railroad Transformers)
I-32

The distribution in commerce of PCBs, 50 ppm or greater, for

use in railroad transformers is prohibited without an EPA

exemption [761.20(c)]. However, PCBs at concentrations less

than 50 ppm may be distributed in commerce for use in

railroad transformers (under specific conditions) in

accordance with the definition of "Excluded PCB Products"

[761.3]. Also, PCBs at any concentration may be distributed

in commerce for purposes of disposal in accordance with the

requirements of 761.60 [761.20(c)(2)]. Disposal, in this

context, means the termination of the 

useful life of the PCB or PCB-contaminated railroad

transformer.

The distribution in commerce (sale) of railroad transformers

which contain PCBs in concentrations of 50 ppm or greater

(known or assumed) for purposes of reuse is allowed only if:

the unit was originally sold for use before 

July 1, 1979;

the unit is intact and nonleaking at the time of

sale; and

no PCBs are introduced into the unit. 

Q24: Does this mean that I can sell a PCB or PCB-contaminated

railroad transformer?

A24: Yes. If the railroad transformer was originally sold for

use before July 1, 1979, and is now being sold for resale or

reuse (i.e., continued use). Also, the railroad transformer

must be intact and nonleaking. EPA recommends that the

buyer be advised that he is purchasing a PCB or PCBcontaminated unit.

Q25: What does intact and nonleaking mean?

A25: Intact and nonleaking means that the railroad transformer

has all fluid intact and there are no PCBs on the external

surface of the equipment.

Q26: Can I sell drained PCB-contaminated railroad transformers

(known or assumed 50-499 ppm) to a scrap or salvage dealer

for metals recovery?

A26: Yes. The sale of drained 50-499 ppm carcasses for scrapping

or salvaging is generally considered distribution in

commerce for purposes of disposal and is allowed with

certain limitations. To qualify as disposal, the scrapping
I-33

practice must be one which will "...terminate the useful

life of PCBs or PCB Items" [761.3]; or, in other words, will

destroy any residual PCBs found in the drained carcasses. 

Salvaging aimed at reclamation of the metals found in the

case and coil generally constitutes disposal, because any

residual PCBs are destroyed by the high temperatures

employed in the smelting process. However, where salvaging

consists of disassembling the drained equipment to obtain

parts for reuse in other equipment, the useful life of the

equipment has not been fully terminated and thus is not

considered disposal. In sum, the scrapping/salvaging of 50-

499 ppm drained equipment is unregulated to the extent that: 

(1) scrapping practices do not result in leaks, spills, or

other uncontrolled discharges of PCBs, and (2) any PCBcontaminated components are not reintroduced into commerce.

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCBs in railroad transformers may be granted only

by rulemaking on a case-by-case basis. The EPA

Administrator may set terms and conditions for an exemption

and may grant an exemption for not more than one year. EPA

interim procedural rules for processing and distribution in

commerce exemptions describe the required content of

processing and distribution in commerce exemptions petitions

and the procedures EPA follows in rulemaking on exemption

petitions. Those rules were published in the Federal

Register of May 31, 1979 (44 FR 31558) and are codified at

40 CFR 750.30 through 750.41.

MARKING/LABELING

All PCB railroad transformers (500 ppm or greater) must be

marked in accordance with EPA marking and labeling

requirements [761.40]. All marks/labels must comply with

EPA marking formats which specify size, color, and design

[761.45].

All PCB railroad transformers (500 ppm or greater)

must be marked individually with the Mark ML (PCB

label) [761.40(a)(2) and (c)(1)].
I-34

The marking of PCB-contaminated railroad

transformers (50-499 ppm) is not required

[761.40(c)(1)].

Transport vehicles loaded with one or more PCB

Transformers (500 ppm or greater) must be marked

on each end and each side with the mark ML (PCB

label) [761.40(b)].

All marks/labels must be placed in a position on

the exterior of the transformer and/or transport

vehicle so that the mark can be easily seen by

persons inspecting the transformer [761.40(h)].

PCB Transformer locations must also be marked/labeled in

accordance with 761.40(j).

As of December 1, 1985, the vault door, machinery

room door, fence, hallway, or other means of

access (other than grates and manhole covers) to a

PCB Transformer must be marked with the mark ML

(PCB label) [761.40(j(1)].

USE AND PERFORMANCE REQUIREMENTS

As of July 1, 1986, the use of railroad transformers

containing dielectric fluids with a PCB concentration

greater than 1,000 ppm was prohibited [761.30(b)(1)(vi)].

Q27: What should be done if a railroad organization discovers

that an inservice railroad transformer contains over 1,000

ppm PCBs today?

A27: The continued use of railroad transformers containing over

1,000 ppm PCBs was prohibited in 1986. Consequently, if a

railroad transformer were discovered today as containing

more than 1,000 ppm PCBs, the owner/operator of the

transformer would be out of compliance with the regulations. 

The Regional EPA Administrator should be contacted

immediately, and steps should be taken to bring the

equipment into compliance as soon as possible.

The concentration of PCBs in the dielectric fluid contained

in railroad transformers must be measured:

Immediately upon completion of any authorized

servicing of a railroad transformer conducted for

the purpose of reducing the PCB concentration in
I-35

the dielectric fluid in the transformer

[761.30(b)(1)(vii)(A)]; and, between 12 and 24

months after each servicing

[761.30(b)(1)(vii)(B)].

The data obtained as a result of the above

servicing shall be retained until January 1, 1991

[761.30(b)(1)(vii)(C)].

SERVICING AND RECLASSIFICATION CONDITIONS

The processing of PCB and PCB-contaminated railroad

transformers is limited to servicing activities. These

servicing activities include: draining and refilling,

topping off, repairing, and retrofilling for

reclassification [761.30(a)(2)].

Railroad transformers may be serviced only with

dielectric fluid containing less than 1,000 ppm

PCBs [761.30(b)(2)(iii)]; except, if the coil is

removed from the casing of a railroad transformer

(e.g., the transformer is rebuilt), the railroad

transformer may not be refilled with dielectric

fluid containing a PCB concentration greater than

50 ppm [761.30(b)(2)(i)].

Dielectric fluid may be filtered through activated

carbon or otherwise industrially processed for the

purpose of reducing the PCB concentration in the

fluid [761.30(b)(2)(iv)].

Any PCB dielectric fluid that is used to service

PCB railroad transformers (500 ppm or greater)

must be stored in accordance with the storage for

disposal requirements at 761.65 [761.30(b)(1)(v)].

A PCB railroad transformer may be converted to a PCBContaminated Transformer or to a non-PCB Transformer by

draining, refilling, and/or otherwise servicing the railroad

transformer. In order to be reclassified, the railroad

transformer's dielectric fluid must contain less than 500-

ppm PCBs for conversion to PCB contaminated status, or less

than 50 ppm PCBs for conversion to non-PCB status 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 [761.30(b)(2)(vii)].
I-36

STORAGE FOR REUSE

The storage for reuse conditions for PCB and PCBcontaminated railroad transformers are identical to the

storage for reuse conditions for nonrailroad transformers as

outlined earlier in this chapter. (See page I-22.)

STORAGE FOR DISPOSAL

The storage for disposal requirements for PCB and PCBcontaminated railroad transformers are identical to the

storage for disposal requirements for nonrailroad

transformers as outlined earlier in this chapter. (See page

I-22.)

DISPOSAL

The disposal requirements for PCB and PCB-contaminated

railroad transformers are identical to the disposal

requirements for nonrailroad transformers as outlined

earlier in this chapter. (See page I-23.)

SPILLS

Spills from railroad transformers are treated the same as 

spills from non-railroad transformers. Please see the 

earlier discussion of spills in this chapter (See page I26).
I-37

CHAPTER II

CAPACITORS

A. LARGE

 Manufacturing (page II-3)

 Processing (page II-3)

 Distribution in Commerce (Sale of Large PCB Capacitors) 

 (page II-3)

 Exemptions to Manufacture, Process, and Distribute PCBs in 

 Commerce (page II-4)

 Marking/Labeling (page II-4)

 Phaseout Requirements (page II-5)

 Use Conditions (page II-6)

 Servicing Conditions (page II-6)

 Capacitors That Pose an Exposure Risk to Food or Feed 

 (page II-6)

 Storage for Reuse (page II-7)

 Storage for Disposal (page II-7)

 Disposal (page II-8)

 Recordkeeping (page II-8)

 Spills (page II-9)
II-1

- CAPACITORS -

Capacitors are defined at 40 CFR 761.3 in two basic

categories--"small" and "large." A "small capacitor" is

defined as containing less than 1.36 kilograms (3 lbs.) of

dielectric fluid. A "large capacitor" is defined as

containing 1.36 kilograms (3 lbs.) or more 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 kilograms (3 lbs.) of

dielectric fluid.

A capacitor whose total volume is more than 3,278 cubic

centimeters (200 cubic inches) must be considered to

contain more than 1.36 kilograms (3 lbs.) of dielectric

fluid.

A capacitor whose total volume is between 1,639 and

3,278 cubic centimeters may be considered to contain

less than 1.36 kilograms (3 lbs.) of dielectric fluid

if the total weight of the capacitor is less than 4.08

kilograms (9 lbs.).

Q1: Our rural utility has discovered numerous small capacitors

in phase converters (commonly referred to as "add-a-phases")

which are utilized in various applications, specifically on

farm irrigation systems. In most cases, these add-a-phase

type units contain several small, independent capacitors

(less than 3 lbs. each) banded together within a single

housing compartment. Does EPA classify capacitors such as

these as small, individual capacitors, or must the combined

volume of the small capacitors be totaled and treated as one

large capacitor?

A1: Capacitors are classified according to the weight of fluid

in each individual unit, not by the total weight of a group. 
II-2

PART A

LARGE CAPACITORS

Large PCB Capacitors are used extensively by electric

utilities and other various industries. Large capacitors

are commonly used to improve the voltage and power factor of

electric power systems. Virtually all capacitors

manufactured prior to 1978 were filled with PCB dielectric

fluids generically known as "Askarels." (See the

"Introduction" chapter for a list of "Common Trade Names.") 

These "Askarel" dielectric fluids generally range from 75-

100 percent PCB concentration. After July 1, 1979, the

manufacture of capacitors using these PCB dielectric fluids

(Askarels) was prohibited.

Large PCB Capacitors are classified based upon voltage

ratings [761.3]. A large capacitor that is rated for

operation at 2,000 volts (A.C. or D.C.) or above is termed a

"large, high-voltage capacitor," while a large capacitor

that is rated for operation below 2,000 volts is termed a

"large, low-voltage capacitor." Most TSCA requirements for

large PCB Capacitors are identical for both with the

exception of certain marking/labeling requirements which

vary depending upon "high" or "low" voltage. Also, the use

of PCB-contaminated Capacitors has not been phased out.

After October 1, 1988, the use of large PCB Capacitors is

prohibited unless the capacitor is used within a restricted

access area [761.30(l)]. Large PCB Capacitors which are

located in certain "restricted-access" areas may be used for

the remainder of their useful life. There are basically two

types of "restricted-access" areas which are acceptable for

the continued use of large PCB Capacitors beyond October 1,

1988: (1) restricted-access electrical substations, and

(2) contained and restricted-access indoor installations.

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. Release of PCBs from capacitors in these substations
II-3

beyond the confines of the substations are extremely

limited. Outdoor, fenced or walled-in suburban locations

that perform R&D activities on large capacitors but do not

transmit or distribute electric power are still considered

to be restricted access areas.

A "contained and restricted-access indoor installation"

restricts public access and has an adequate roof, walls, and

floor to contain any release of PCBs within the indoor

location. Release of PCBs in these facilities also presents

very limited exposure potential.

The majority of large PCB Capacitors which are not in a

restricted-access location are primarily found on utility

poles throughout electric service areas. The exposure risks

associated with these capacitors vary due to their

widespread use. These capacitor installations are used in

residential neighborhoods, industrial areas, rural areas,

public areas (such as shopping centers, schools, etc.), and

near waterways. Because of their location, these PCB

Capacitors have a greater potential for exposing humans,

animals, and the environment during their use than do other

large PCB Capacitors; therefore, their use was prohibited as

of October 1, 1988 [761.30(l)].

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in large capacitors is prohibited without an EPA

exemption [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in large

capacitors is prohibited without an EPA exemption [761.20(c)

and (4)]. However, PCBs at any concentration may be

processed (i.e., prepared and/or packaged for distribution

in commerce) for purposes of disposal [761.20(c)(2)].

DISTRIBUTION IN COMMERCE (Sale of Large PCB Capacitors)

The distribution in commerce of PCBs, 50 ppm or greater, for

use in large capacitors is prohibited without an EPA

exemption [761.20(c)]. PCBs at any concentration may be
II-4

distributed in commerce for purposes of disposal

[761.20(c)(2)]. Disposal, in this context, means the

termination of the useful life of the PCB or PCBContaminated Capacitors. 

The distribution in commerce (sale) of large capacitors

which contain PCBs in concentrations of 50 ppm or greater

for purposes of reuse is allowed provided:

the capacitor was originally sold for use before

July 1, 1979;

the capacitor is intact and nonleaking at the time

of sale; and

no PCBs are introduced into the capacitor.

Q2: Does this mean that I can sell a PCB Capacitor?

A2: Yes, if the capacitor was originally sold for use before

July 1, 1979, and is now being sold for continued use. 

Also, the capacitor must be intact and nonleaking. EPA

recommends that the buyer be advised that he is purchasing a

PCB Capacitor. The capacitor must be marked in accordance

with 761.40.

Q3: What does intact and nonleaking mean?

A3: Intact and nonleaking means that the capacitor is

structurally sound with all fluid intact and there are no

PCBs on the external surface of the capacitor.

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCB Capacitors or PCB dielectric fluids for use in

PCB Capacitors may be granted only by rulemaking on a caseby-case basis. The EPA Administrator may set terms and

conditions for an exemption and may grant an exemption for

not more than one year. EPA interim procedural rules for

processing and distribution in commerce exemptions describe

the required content of processing and distribution in

commerce exemption petitions and the procedures EPA follows

in rulemaking on exemption petitions. Those rules were
II-5

published in the Federal Register of May 31, 1979 (44 FR

31558) and are codified at 40 CFR 750.30 through 750.41.

MARKING/LABELING

All large PCB Capacitors must be marked in accordance with

EPA marking and labeling requirements [761.40]. All

marks/labels must comply with EPA marking formats which

specify size, color, and design [761.45].

All PCB large, high-voltage capacitors which are

in service (including stored for reuse) must be

marked individually with the mark ML (PCB label).

All PCB large, high-voltage capacitors and

equipment containing a large high-voltage

capacitor must be marked individually with the

mark ML (PCB label) at the time of removal from

use if not already marked [761.40(a)(3) and (4)].

PCB large, low-voltage capacitors are not required

to be marked while in service, but must be marked

at the time of removal from use [761.40(a)(5)].

All marks/labels must be placed in a position on

the exterior of the capacitor so that the marks

can be easily seen by persons inspecting the

capacitor(s) [761.40(h)].

PHASEOUT REQUIREMENTS

After October 1, 1988, the use and storage for

reuse of PCB large, high- and low-voltage

capacitors which pose an exposure risk to food or

feed is prohibited [761.30(1)]. 

After October 1, 1988, the use of all PCB large,

high- and 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

contained and restricted-access indoor

installation must have adequate roof, walls, and

floor to contain any release of PCBs within the

indoor location [761.30(1)]. Examples are
II-6

manufacturing facilities and commercial building

vaults.

Q4: Can large PCB Capacitors be used for the remainder of their

useful life provided they are located in a restricted access

electrical substation?

A4: Yes. However, if the location of the PCB Capacitors within

the substation still poses an exposure risk to food or feed,

the continued use of these units was prohibited after

October 1, 1988.

Q5: Can large PCB Capacitors be used for the remainder of their

useful life if they are located in an electrical power

plant?

A5: Only if the power plant is a restricted access building and

has adequate roof, walls, and floors which would contain any

release of PCBs within the power plant.

USE CONDITIONS

Large PCB Capacitors may be used for the remainder of their

useful lives only in accordance with the phaseout

requirements of 761.30(l). Non-PCB Capacitors are

unregulated for use.

Inspections: No recorded maintenance inspections

are required for large PCB Capacitors. However,

ruptures, leaks, and other uncontrolled discharges

from PCB Capacitors are considered improper

disposal of PCBs, and should be cleaned up in

accordance with the PCB Spill Cleanup Policy. 

SERVICING CONDITIONS

Since there is no specific authorization for servicing lage

PCB Capacitors their servicing is prohibited without an EPA

exemption.
II-7

CAPACITORS THAT POSE AN EXPOSURE RISK TO FOOD OR FEED

The use and storage for reuse of large PCB Capacitors that

pose an exposure risk to food or feed became prohibited

after October 1, 1988 [761.30(l)(1)]. 

Q6: Should a person consider catastrophic failure, such as

ruptures, explosions, or fire when trying to determine

whether a large PCB Capacitor poses an exposure risk to food

or feed?

A6: One must consider the location of a specific PCB Capacitor

in relation to food or feed products, and all other

available information. If there is a reasonable possibility

of contact between PCBs and food or feed as a result of a

discharge, the capacitor must be considered a risk. In

evaluating the exposure risk, it is useful to consider a

hypothetical situation in which PCBs are discharged in any

way from the capacitor, such as through a rupture or a leak. 

The question to be asked is whether contact between food or

feed and PCBs is reasonably possible. PCB Capacitors that

are located adjacent to or above food or feed products pose

an exposure risk, unless there is secondary containment or

another physical structure that prevents PCB discharges from

contaminating the food or feed. The standard to be applied

is a reasonable possibility of contamination of food or feed

by PCBs.

STORAGE FOR REUSE

Large capacitors containing PCBs in any concentration may be

stored for reuse provided the storage does not pose an

exposure risk to food or feed. There are no time

limitations on this storage; however, the large PCB

Capacitors which are being stored for reuse must be in a

condition suitable for reuse, and the owner of the

capacitors should be able to demonstrate a reasonable need

to store spare capacitors. Large PCB Capacitors stored for

reuse must be stored in a restricted access electrical

substation or other restricted access indoor installation. 

Capacitors stored for reuse are considered by EPA to be "in

service" for purposes of the regulations. These capacitors

must be handled as in use capacitors and all requirements

including marking, recordkeeping, and disposal remain the

same.
II-8

STORAGE FOR DISPOSAL

All large PCB Capacitors must be dated when placed into

storage for disposal and must be removed from storage and

disposed of within one year [761.65(a)].

Q7: Does each large PCB Capacitor in storage for disposal have

to be dated, or would a storage log or list indicating these

dates be sufficient?

A7: Each PCB Article, including individual PCB Capacitors, must

be dated on the article when placed into storage for

disposal [761.65(c)(8)]. Consequently, the mere listing of

dates on a storage log or list is not sufficient.

The facility used to store large PCB Capacitors for disposal

must comply with the "storage for disposal" requirements

[761.65(b)(1)]. See Chapter XII on "PCB Storage

Requirements" for specific requirements.

Nonleaking large PCB Capacitors may be stored temporarily by

the generator in an area that does not comply with the

requirements for a PCB storage facility for up to 30 days

from the date of their removal from service for disposal,

provided that a notation is attached to each capacitor

indicating the date the capacitor was removed from service

[761.65(c)(1)(i)] and placed into storage for disposal

[761.65(c)(8)].

Leaking PCB Capacitors which are placed in PCB Containers

that comply with DOT specification [761.65(c)(6)] with

sufficient sorbent materials to absorb any liquid PCBs, may

also be temporarily stored by the generator for up to 30

days provided that a notation is attached to the container

indicating the date the capacitor was removed from service

[761.65(c)(1)(ii)] and placed into storage for disposal

[761.65(c)(8)]. Each container or drum used to store

leaking PCB Capacitors must be marked in accordance with EPA

marking and labeling requirements [761.40(a)(1)].

Nonleaking and structurally undamaged PCB large, highvoltage capacitors may also be stored for more than 30 days

on pallets next to a PCB storage facility which meets the

requirements for storage for disposal. This type of storage

is 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 stored outside the facility must
II-9

be inspected for leaks weekly [761.65(c)(2)], and a notation

must be attached to each capacitor indicating the date the

capacitor was removed from service [761.65(c)(1)] and placed

into storage for disposal [761.65(c)(8)]. If a weekly

visual inspection reveals a capacitor is leaking, having the

required available space within the storage area allows

immediate containment of the leak by moving the capacitor

into the storage area.

DISPOSAL

Large PCB Capacitors must be disposed of as follows:

In an incinerator that complies with 40 CFR

761.70.

By an alternative EPA approved and permitted

method in accordance with 761.60(e).

RECORDKEEPING

Owners or operators of facilities which use or store 50 or

more large PCB Capacitors shall develop and maintain records

on the disposition of the PCB Capacitors [761.180(a)]. 

These records shall consist of (1) the Annual Records and

(2) the Annual Document Log which must be prepared each year

by the facility and must be maintained for at least 3 years

after the facility ceases using or storing PCBs and PCB

Items in the prescibed quantities. See Chapter XV,

"Recordkeeping and Reporting" for a detailed discussion of

Annual Document Logs and Annual Records.

Q8: In my records, must I convert the weight of each PCB

Capacitor to kilograms?

A8: Yes, the weight of PCB Capacitors is required to be

converted to kilograms using the total weight of the PCB

Capacitor and its contents.

Q9: Do I have to keep written inspections for PCB Capacitors?

A9: Except for capacitors temporarilly stored outside a storage

facility, no recorded maintenance inspections are required

for PCB Capacitors. However, ruptures, leaks, and other

uncontrolled discharges from PCB Capacitors are considered

improper disposal of PCBs.
II-10

SPILLS

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 a large PCB Capacitor is

considered improper disposal of PCBs. The PCB Spill Cleanup

Policy provides specific cleanup measures which, if followed

explicitly, create a presumption against enforcement for

penalties or further cleanup under TSCA. See Chapter XIV on

"PCB Spill Cleanup Policy" for specific measures.

PCB Spills involving 1 lb. or more of PCBs (generally 1 pint

of Askarel) must be reported to the National Response Center

(NRC) at (800) 424-8802. Spills involving 10 lbs. or more

of PCBs (generally 1 gallon of Askarel) must also be

reported to the appropriate regional EPA office. Failure to

notify the NRC under CERCLA can lead to civil penalties

under Section 109 or, under Section 103, criminal fines and

imprisonment. Any spill should be reported when people or

animals can come into direct and uncontrolled contact with

PCBs.

Measures must immediately be taken to control the spread of

the spill. Any threats to water should be given highest

priority. Water and other complicated spills should be

cleaned up by trained personnel to levels set by the

appropriate EPA Regional Administrator. Organizations who

frequently handle PCBs should develop spill contingency

plans and conduct training for dealing with spills.

Once a spill is contained, cleanup measures can begin. EPA

requires cleanup of PCBs to different levels depending on

spill location, the potential for exposure to residual PCBs

remaining after cleanup, the concentration of PCBs initially

spilled, and the nature and size of the population

potentially at risk of exposure. While the PCB spill

cleanup policy applies to the majority of situations,

exceptional circumstances may require additional cleanup at

the direction of the EPA regional office. A detailed

description of the specific reporting, cleanup,

recordkeeping, and post-cleanup sampling requirements is

found in Chapter XIV on "PCB Spill Cleanup Policy."

Other minor weeping from PCB Capacitor bushings and seams

not covered by the spill policy is still considered improper

disposal of PCBs and the provisions of the PCB Spill Cleanup

Policy should be followed.
II-11

Q10: Do records and/or spill reports have to be kept for all PCB

Capacitors which rupture?

A10: The PCB Cleanup Policy specifies certain recordkeeping when

a PCB Capacitor ruptures or spills. See the chapter on "PCB

Spill Cleanup Policy" for specific spill recordkeeping.

CAPACITORS

B. SMALL
II-12

 Manufacturing (page II-12)

 Processing (page II-12)

 Distribution in Commerce (Sale of Small PCB Capacitors) 

 (page II-12)

 Marking/Labeling (page II-13)

 Use Conditions (page II-13)

 Storage for Reuse (page II-13)

 Storage for Disposal (page II-13)

 Disposal (page II-14)

 Spills (page II-14)
II-13

PART B

SMALL CAPACITORS

Small capacitors are those which contain less than 3 lbs. of

dielectric fluids. They commonly contain between 0.1 and

0.6 pound of PCBs and are used in fluorescent light

ballasts, household appliances, and industrial equipment. 

In most applications, the equipment containing the small

capacitor in its circuitry cannot function without it.

Since these capacitors contain small quantities of

dielectric fluid and significant amounts of absorbent

material such as paper, and because many of these capacitors

are encapsulated, large amounts of PCBs are not released

from these capacitors during their use in appliances or

other equipment containing small capacitors. Therefore,

exposure risks to humans, food, feed, water, or the

environment from the use of these capacitors are generally

low. EPA has determined that the use of small capacitors

containing PCBs is not unreasonable because of their low

risk compared with the benefits from the use of millions of

pieces of electronic equipment and consumer products;

billions of dollars in replacement costs; and the lack of

practical cost-effective risk reduction measures.

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in small capacitors is prohibited [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in small

capacitors is prohibited without an EPA exemption

[761.20(c)]. PCBs in any concentration may be processed

(i.e., prepared and/or packaged for distribution in

commerce) for purposes of disposal in accordance with the

requirements of 761.60 [761.20(c)(2) and (4)].

DISTRIBUTION IN COMMERCE (Sale of Small PCB Capacitors)

The distribution in commerce of PCBs, 50 ppm or greater, for

use in small capacitors is prohibited without an EPA
II-14

exemption [761.20(c)]. PCBs at any concentration may be

distributed in commerce for purposes of disposal in

accordance with the requirements of 761.60 [761.20(c)(2) and

(4)]. Disposal means the termination of the useful life of

the PCB or PCB-Contaminated Capacitors. 

The distribution in commerce (sale) of a small PCB Capacitor

for reuse or resale is allowed provided:

the small capacitor was originally sold for use

before July 1, 1979;

the small capacitor is intact and nonleaking at

the time of sale; and

no PCBs are introduced into the small capacitor.

MARKING/LABELING

Small PCB Capacitors are not required to be marked or

labeled while in service or when removed from service for

disposal.

However, as of January 1, 1979, all PCB Equipment containing

a small PCB Capacitor was to be marked at the time of 

manufacture with the statement: "This equipment contains

PCB Capacitor(s)." The mark was to be the same size as the

mark ML [761.40(d)].

Each small capacitor used in alternating circuits and each

fluorescent bulb manufactured between July 1, 1978 and July

1, 1998 that does not contain PCBs must be marked by the

manufacturer "No PCBs" [761.40(g)].

USE CONDITIONS

EPA has not placed any restrictions on the use of small PCB

Capacitors.

STORAGE FOR REUSE

There are no restrictions or limitations on the storage for

reuse of small PCB Capacitors provided that the capacitors

are in a condition suitable for reuse.
II-15

STORAGE FOR DISPOSAL

There are no time restrictions or storage requirements on

the storage for disposal of small PCB Capacitors provided

that they are intact and nonleaking [761.60(b)(6)]. 

However, a PCB Container (e.g., drum) which contains leaking

small PCB Capacitors must be marked, dated, and placed into

proper storage in accordance with the regulatory

requirements for a "PCB Container," and must be removed from

storage and disposed of within one year [761.65(a)]. Also,

any small PCB Capacitor owned by 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, must be stored in accordance with

761.65(b).

DISPOSAL

Small PCB Capacitors and Equipment containing small PCB

Capacitors may be disposed of as municipal solid waste

[761.60(b)(2)(ii)], except that any small PCB Capacitor

owned by any person who manufactures or at any time

manufactured PCB Capacitors or PCB Equipment and acquired

the PCB Capacitors in the course of such manufacturing must

be disposed of as follows [761.60(b)(2)(iv)]:

In an incinerator that complies with 40 CFR 

761.70.

By an alternative EPA approved and permitted

method.

EPA recommends that where several small PCB Capacitors are

gathered together in drums or containers, that the disposal

method be determined by the combined amount of PCBs in the

several capacitors. That is, if 3 lbs. or more of PCBs are

contained in the several small capacitors, the Agency

recommends that the several small capacitors be disposed of

in accordance with the requirements for large capacitors. 

Also, EPA encourages users of large amounts of small PCB

Capacitors to institute voluntary collection programs to

dispose of the small capacitors in PCB Incinerators. 

[Readers are advised to contact their PCB Regonal

Coordinator for the policy on the disposal of large numbers

of small capacitors.] 
II-16

SPILLS

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 a small PCB Capacitor is

considered improper disposal of PCBs. The PCB Spill Cleanup

Policy provides specific cleanup measures which, if followed

explicitly, create a presumption against enforcement for

penalties or further cleanup. See the chapter on "PCB Spill

Cleanup Policy" for specific measures.

Other minor weeping from PCB Capacitor bushings and seams

not covered by the spill policy is still considered improper

disposal of PCBs and it is recommended that the provisions

of the Spill Cleanup Policy be followed.
CHAPTER III

HEAT TRANSFER AND

HYDRAULIC SYSTEMS

 

Manufacturing (page III-1)

Processing (page III-1)

Distribution in Commerce (Sale of Heat Transfer & Hydraulic

 Systems) (page III-2)

Exemptions to Manufacture, Process, and Distribute PCBs in

 Commerce (page III-2)

Marking/Labeling (page III-2)

Use and Servicing Conditions (page III-3)

Storage for Reuse (page III-4)

Storage for Disposal (page III-4)

Disposal (page III-4)

Recordkeeping (page III-5)

Spills (page III-5)
III-1

- HEAT TRANSFER AND HYDRAULIC SYSTEMS -

PCBs were manufactured for use in heat transfer (Therminol66) and hydraulic (Pydraul) systems that were utilized in a

variety of industries until 1972. Heat transfer systems,

containing PCB fluids, were used in the inorganic chemical,

organic chemical, plastics and synthetics, and petroleum

refining industries. The aluminum, copper, iron, and steel

forming industries used hydraulic systems with commercial

Aroclor PCB fluids. High PCB levels apparently remained in

some systems until at least 1979. In addition, some unknown

quantity of unused PCB fluids was probably kept by

facilities after production ceased in 1972 and was used for

topping-off hydraulic and heat transfer systems.

Under section 6(e)(2) of TSCA, EPA may authorize the use of

PCBs if the Agency finds that the use will not present an

unreasonable risk to human health or the environment. EPA

has authorized the use of PCBs in heat transfer and

hydraulic systems at concentrations less than 50 ppm (under

specific conditions) for the remainder of their useful lives

[761.30(d) and (e)].

Numerous substitutes for PCBs have been used in heat

transfer and hydraulic systems to lower the PCB

concentration levels to less than 50 ppm. Included among

the chemical compounds used in non-PCB substitutes for

hydraulic fluid are phosphate esters, water/glycol

solutions, and water/oil emulsions. In addition, various

non-PCB heat transfer fluids are available. These include

modified esters, synthetic hydrocarbons, polyaromatic

compounds, partially hydrogenated and mixed terphenyls, and

blends of diphenyls.

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in heat transfer and hydraulic systems is prohibited

without an EPA exemption [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in heat

transfer and hydraulic systems is prohibited without an EPA

exemption [761.20(c)]. PCBs at concentrations less than 50
III-2

ppm may be processed for use in heat transfer and hydraulic

systems (under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3]. Also, PCBs

at any concentration may be processed (i.e., 

prepared or packaged for distribution in commerce) for

purposes of disposal [761.20(c)(2)].

DISTRIBUTION IN COMMERCE (Sale of Heat Transfer & Hydraulic 

 Systems)

The distribution in commerce (sale) of a heat transfer or

hydraulic system for reuse or resale which is contaminated

with PCBs (50 ppm or greater) is prohibited without an EPA

exemption [761.20(c)]. However, PCBs at any concentration

may be distributed in commerce for purposes of disposal

[761.20(c)(2)]. Disposal means the termination of the

useful life of the heat transfer or hydraulic system

[761.60(a) and (b)(3)].

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCBs in heat transfer and hydraulic systems or PCB

fluids for use in heat transfer and hydraulic systems may be

granted only by rulemaking on a case-by-case basis. The EPA

Administrator may set terms and conditions for an exemption

and may grant an exemption for not more than one year. EPA

interim procedural rules for processing and distribution in

commerce exemptions describe the required content of

processing and distribution in commerce exemptions petitions

and the procedures EPA follows in rulemaking on exemption

petitions. Those rules were published in the Federal

Register of May 31, 1979 (44 FR 31558) and are codified at

40 CFR 750.30 through 750.41.

MARKING/LABELING

All heat transfer and hydraulic systems with PCB

concentrations of 50 ppm or greater must be marked in

accordance with EPA marking and labeling requirements

[761.40]. All marks/labels must comply with EPA marking

formats which specify size, color, and design [761.45]. All

marks/labels must be placed in a position on the exterior of
III-3

the system so that the mark/label can be easily read by

persons inspecting or servicing the system [761.40(h)]. The

use of a heat transfer or hydraulic system with PCB

concentrations of 50 ppm or greater became unlawful after

July 1, 1984.

USE AND SERVICING CONDITIONS

In 1979, EPA authorized the continued use of PCBs in

concentrations of 50 ppm or greater in heat transfer and

hydraulic systems in conjunction with a required retrofill

program. These use authorizations expired on July 1, 1984. 

EPA assumed that the conditions of those use authorizations,

which required retrofilling all contaminated systems with

non-PCB fluids, would reduce the PCB concentration levels in

all of those systems to below 50 ppm by July 1, 1984.

When the 50 ppm regulatory cutoff was overturned in 1984 (as

a consequence of EDF v. EPA), the status of reducing PCB

concentrations in heat transfer and hydraulic systems to

less than 50 ppm was unclear. The July 10, 1984 ruling

authorized the continued use of heat transfer and hydraulic

systems with PCB concentrations less than 50 ppm (under

specific conditions) for the remainder of their useful

lives. However, the use of heat transfer and hydraulic

systems with PCB concentrations of 50 ppm or greater became

unlawful after July 1, 1984.

As of July 1, 1984, intentionally manufactured PCBs at

concentrations less than 50 ppm may be used in heat transfer

and hydraulic systems for the remainder of their useful

lives if the following requirements are met:

Each owner of a heat transfer or hydraulic system

that ever contained 50 ppm or greater PCBs was

required to test his/her system for its PCB

concentration by no later than November 1, 1979,

and retest the system at least annually thereafter

[761.30(d) and (e)].

Within 6 months of a test indicating the system's

fluid contains 50 ppm or greater PCBs, the system

must be drained of PCBs and refilled with non-PCB

fluid containing less than 50 ppm PCB [761.30(d)

and (e)].
III-4

All subsequent required annual retests must be

performed at least 3 months after the most recent

fluid refilling. Then, when a test shows that the

PCB concentration in the system is less than 50

ppm, further testing is no longer required

[761.30(d) and (e)].

After November 1, 1979, no heat transfer system

that was used in the manufacture or processing of

any food, drug, cosmetic or device, as defined in

Section 201 of the Federal Food, Drug, and 

Cosmetic Act, could contain transfer fluid with 50

ppm or greater PCBs [761.30(d)(3)].

Servicing, including topping-off, heat transfer

and hydraulic systems with fluids containing PCB

concentrations 50 ppm or greater is prohibited

[761.30(d) and (e)].

All testing data must be retained for 5 years

after the heat transfer or hydraulic system

reaches less than 50 ppm PCBs [761.30(d)&(e)].

Q1: Do VitonR elastomer gloves still have to be provided by

system owners and worn by system maintenance personnel?

A1: EPA has concluded that the VitonR glove requirement is not

necessary to protect against any unreasonable risks

presented by the continued use of authorized (less than 50

ppm) heat transfer and hydraulic systems. Consequently, EPA

amended the July 10, 1984 rule in the Federal Register of

June 27, 1988, by deleting the VitonR glove requirements

from the use authorizations. The use of impermeable gloves

to prevent dermal contact with PCB containing fluids may be

warranted, but the choice of such protection will be

dependent upon such factors as duration of exposure,

concentration of PCBs, and the permeability of the glove

material.

STORAGE FOR REUSE

The continued use and storage for reuse of heat transfer and

hydraulic systems containing 50 ppm or greater PCBs is

prohibited without an EPA exemption [761.20(a)].

EPA has not placed any restrictions on the storage for reuse
III-5

of non-PCB (less than 50 ppm) heat transfer and hydraulic

systems.

STORAGE FOR DISPOSAL

EPA has not placed any restrictions on the storage for

disposal of non-PCB (less than 50 ppm) heat transfer and

hydraulic systems.

DISPOSAL

EPA has not placed any restrictions on the disposal of nonPCB (less than 50 ppm) heat transfer and hydraulic systems. 

However, non-PCB fluids (2-49 ppm) generated from the

draining of a non-PCB heat transfer or hydraulic system can

only be burned for energy recovery in accordance with EPA

restrictions on burning used oils as outlined under

761.20(e)(3). See the chapter on "Excluded PCB Products"

for a detailed discussion on burning non-PCB used oils.

RECORDKEEPING

Each owner of a heat transfer or hydraulic system that ever

contained PCBs at concentrations of 50 ppm or greater must

maintain all servicing and retrofill records as well as all

PCB testing data for 5 years after the PCB concentration in

the system was reduced to less than 50 ppm [761.30(d)(5) and

(e)(5)].

Records should be maintained pursuant to 761.180 for all PCB

liquids (50 ppm or greater) which are drained from heat 

transfer and hydraulic systems for disposal. In addition, 

all owners of heat transfer and hydraulic systems who at one

time have stored at least 45 kilograms (99.4 pounds) of PCB 

liquids in PCB Containers must develop and maintain Annual 

Document Logs and Annual Records for each calendar year 

[761.180(a)]. See Chapter XV, "Recordkeeping and Reporting"

for a detailed discussion of Annual Document Logs and Annual

Records.

SPILLS

Spills, leaks, and other uncontrolled discharges where the

release results in any quantity of PCBs ay concentrations of
III-6

50 ppm or greater running off or about to run off the

external surface of a heat transfer or hydraulic system is

considered improper disposal of PCBs. The PCB Spill Cleanup

Policy provides specific cleanup measures which, if followed

explicitly, create a presumption against enforcement of

penalties of further cleanup. See the chapter on "PCB Spill

Cleanup Policy" for specific measures.

Other minor weeping from heat transfer and hydraulic systems

with PCB concentrations 50 ppm or greater is still

considered improper disposal of PCBs and it is recommended

that the provisions of the Spill Cleanup Policy be followed.
CHAPTER IV

NATURAL GAS PIPELINES

Manufacturing (page IV-1)

Processing (page IV-1)

Distribution in Commerce (page IV-1)

Use Conditions (page IV-2)

Marking/Labeling (page IV-2)

Storage for Disposal (page IV-2)

Disposal (page IV-3)

Air Compressors (page IV-4)

Reuse of Pipe at Less than 50 ppm PCBs (page IV-4)
IV-1

- NATURAL GAS PIPELINES -

PCB contamination in natural gas pipeline air compressors,

natural gas compressors, and natural gas pipeline liquids is

believed to have occurred through several sources. The

major sources of contamination are thought to be:

lubricating oils (Turbinol) used in the natural gas air

compressors; "fogging" of the pipe lines with an oil vapor

to minimize the entrainment of dust and other particles in

the pipeline system and migration of PCBs from contaminated

lines into other systems. By the 1960s, fogging of

pipelines was virtually nonexistent due to improved dry

filters and the replacement of cast iron pipe with welded

steel pipes. PCBs have not been used as lubricating oils in

compressors since the 1970s. Note: EPA continues to

develop guidance for the practical use and disposal of PCB

contaminated pipelines. The Federal Register should be

reviewed for any new information regading pipelines and

related facilities.

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in natural gas pipelines is prohibited without an EPA

exemption [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in

natural gas pipelines is prohibited without an EPA exemption

[761.20(c)]. However, PCBs at concentrations less than 50

ppm may be processed for use in natural gas pipelines (under

limited specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3]. Also, PCBs

at any concentration may be processed (i.e., prepared and/or

packaged for distribution in commerce) for purposes of

disposal in accordance with the requirements of 761.60

[761.20(c)(2)].

DISTRIBUTION IN COMMERCE

The distribution in commerce of PCBs, 50 ppm or greater, for

use in natural gas pipelines is prohibited without an EPA

exemption [761.20(c)]. However, pipes and other reusable
IV-2

materials from natural gas pipelines historically with PCB

concentrations less than 50 ppm may be distributed in

commerce for reuse (under specific conditions) in accordance

with the definition of "Excluded PCB Products" [761.3]. 

However, EPA reommends that any such pipe should not be used

in connection with water supply sources, drainage ditches,

or in other circumstances where food or feed could become

contaminated. While such applications may not violate TSCA,

they may result in potential civil liability for damages for

the supplier or violations of other Federal or State

regulations. PCBs at any concentration may be distributed

in commerce for purposes of disposal in accordance with the

requirements of 761.60 [761.20(c)(2)].

USE CONDITIONS

EPA has determined that the use of PCBs in natural gas

pipeline compressors (compressors used for the transmission

of gas) and in the liquid found in natural gas pipelines at

concentrations of less than 50 ppm (not as a result of

dilution) does not present an unreasonable risk to human

health or the environment. Therefore, EPA has authorized

the continued use of PCBs at concentrations less than 50 ppm

in natural gas pipeline compressors and liquids indefinitely

[761.30(i)], provided that the compressors and the pipelines

are marked/labeled in accordance with EPA marking

requirements [761.45(a)].

MARKING/LABELING

Natural gas pipeline compressors and pipelines which are

contaminated with PCBs, regardless of concentration, must be

marked/labeled in compliance with EPA marking requirements

[761.30(i)]. All marks/labels must comply with EPA marking

formats which specify size, color, and design [761.45]. All

marks/labels must be placed in a position on the compressor

so that the mark can be easily read by persons inspecting or

servicing the compressor [761.40(h)].

STORAGE FOR DISPOSAL

Liquids and/or solids (e.g., rags, dirt, debris, etc.)

contaminated with PCBs (50 ppm or greater) must be placed

into proper containers for storage for disposal. All PCB

waste (50 ppm or greater) generated from natural gas
IV-3

pipelines (such as used pipe, liquids contaminated with PCBs

and solids/debris contaminated with PCBs) must be stored in

accordance with EPA storage requirements under 761.65. 

The above PCB Articles (used pipe) and PCB Containers

(liquids and/or solids) 50 ppm or greater must be dated when

placed into storage for disposal [761.65(c)(8)] and must be

removed from storage and disposed of within one year

[761.65(a)].

The facility used to store PCB waste (50 ppm or greater)

generated from natural gas pipelines must comply with the

storage for disposal requirements under 761.65(b)(1). See 

the chapter on "PCB Storage Requirements" for specific

requirements.

Nonleaking PCB Articles may be stored temporarily by the

generator in an area that does not comply with the

requirements for a PCB storage facility for up to 30 days

from the date of their removal from service for disposal,

provided that a notation is attached to each article 

indicating the dates the article was removed from service 

[761.65(c)(1)(i)], and placed into storage for disposal 

[761.65(c)(8)].

DISPOSAL

All PCB waste (50 ppm or greater) including used pipe,

condensate, and other liquids and solids contaminated with

PCBs at levels 50 ppm or greater, must be disposed of in

accordance with EPA disposal requirements under 761.60. 

All condensate removed from the pipe is liquid PCBs and must

be disposed of according to its concentration. At

concentrations less than 50 ppm, liquid PCBs are not

regulated for disposal under TSCA unless such PCBs are

diluted to circumvent disposal regulations [761.1(b). 

Disposal of condensate containing less than 50 ppm PCB

(undiluted) is regulated under RCRA. Liquid PCBs in

concentrations between 50 and 500 ppm must be incinerated,

disposed of in a TSCA chemical waste landfill, a high

efficiency boiler, or by an alternative disposal method

[761.60(a)(1), (4) and (e)].

Pipeline is regarded as a "PCB Article" as defined under

761.3. It must be disposed of according to its

concentration of PCBs under 761.60(b)(5). Accordingly,

removed pipe with PCB concentrations greater than 500 ppm
IV-4

must be disposed of in a TSCA incinerator, a TSCA chemical

waste landfill, or by an alternative disposal method

[761.60(e)]. Pipeline with concentrations greater than 500

ppm may not be abandoned. Any pipe with a PCB concentration

between 50 and 500 ppm is not regulated for disposal after

all free flowing liquid has been removed. This means that

the pipe can be either abandoned in place, disposed of in a

municipal waste landfill, or smelted for recycling.

AIR COMPRESSORS

PCBs were used in lubricating oils that were added to air

compressors in the 1970s and early 1980s. These air

compressors were used to start natural gas compressors and

consisted of separate piping and receiver tanks as part of

the system. The air compressor system is regarded by EPA

for regulatory purposes as distinct from the natural gas

compressor itself.

EPA views the PCB contamination in air compressor system

piping and receiving tanks as PCB contamination that results

because of a spill from or in proximity to a PCB Item. 

Accordingly, if the spill is cleaned up pursuant to EPA

regional standards, the use of the pipes and tanks would be

authorized under 761.20(c)(5). Otherwise the contamination

constitutes an unauthorized use.

REUSE OF PIPE AT LESS THAN 50 PPM PCBs

The reuse of natural gas pipe at less than 50 ppm PCBs is 

conditioned on the assumption that the three caveats in the 

definition of"Excluded PCB Products" (section 761.3) are 

met. These are that the products or source of the products 

containing less than 50 ppm PCBs were (1) legally 

manufactured, processed, distributed in commerce, or used 

before October 1, 1984, (2) legally manufactured, processed,

distributed in commerce, or used pursuant to authority 

granted by EPA regulation, by exemption petition, by 

settlement agreement, or pursuant to other Agency-approved 

programs, and (3) not the result of dilution, or leaks or 

spills of PCBs at concentrations over 50 ppm.

QA: Once it is determined that the natural gas pipe I own is
IV-5

less than 50 ppm PCBs, and not as a result of dilution, may

I sell this pipe for another use?

A1: Yes, if it has been determined that the pipe was

historically contaminated with less than 50 ppm PCBs or

reduced to less than 50 ppm PCBs through an authorized

process. If the pipeline system has an interconnection with

another pipeline system that has been contaminated at 50 ppm

or greater, the pipeline is presumed to have PCB

contamination as a result of dilution and may not be reused. 

If this is the case, the pipeline company has two options:

(1) decontaminate the pipeline pursuant to a consent decree

or (2) obtain an approval for an alternate disposal

technology permit. If it is determined that the pipe may be

sold for another use under the TSCA regulations, you are not

relieved of any additional requirements under other Federal

or State statutes. For example, if the pipe were to be used

as conduits for drinking water they would have to be cleaned

to a level of non-detect according to the provisions of the

Safe Drinking Water Act.
CHAPTER V

ELECTROMAGNETS

SWITCHES AND

VOLTAGE REGULATORS

Manufacturing (page V-1)

Processing (page V-1)

Distribution in Commerce (Sale of Electromagnets, Switches, and

 Voltage Regulators) (page V-2)

Exemptions to Manufacture, Process, and Distribute PCBs in

 Commerce (page V-3)

Marking/Labeling (page V-4)

Phaseout Requirements (page V-4)

Use Conditions (page V-4)

Servicing and Reclassification Conditions (page V-4)

Storage for Reuse (page V-8)

Storage for Disposal (page V-8)

 

Disposal (page V-9)

Recordkeeping (page V-10)

Spills (page V-11)
V-1

- ELECTROMAGNETS, SWITCHES, AND VOLTAGE REGULATORS -

Electromagnets are primarily used over conveyer belts to

remove iron from nonmagnetic commodities. Electromagnets

designed to contain PCBs are used in areas such as coal

mines, coal preparation plants, and coal-fired generating

stations.

Voltage regulators and switches (including sectionalizers

and motor starters) are used by electric utilities and

industry to control, transmit, and distribute electric power

efficiently. Almost all of this electrical equipment is

mineral oil-filled and not designed to contain PCB 

dielectric fluid. However, many voltage regulators,

switches, and also electromagnets have become contaminated

with PCBs through historic maintenance and servicing

activities. In addition, voltage regulators are

particularly susceptible to PCB contamination as they often

contain a small PCB starter capacitor which, if it leaks or

ruptures, is likely to contaminate the regulator's mineral

oil dielectric fluid.

Electromagnets, switches, and voltage regulators which

contain mineral oil dielectric fluid are not required to be

tested for PCBs. It is very important to note, however,

that oil-filled electromagnets, switches, and voltage

regulators, whose PCB concentration is unknown, must be

assumed to be PCB-Contaminated Electrical Equipment (50-499

ppm) and must be treated as such. This "assumption rule"

effectively applies to all regulatory requirements relating

to the equipment including: use and servicing, leaks and

spills, sale for reuse, storage for disposal, and disposal.

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in electromagnets, switches, and voltage regulators is

prohibited without an EPA exemption [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in

electromagnets, switches, or voltage regulators is

prohibited without an EPA exemption [761.20(c)]. However,

PCBs at concentrations less than 50 ppm may be processed for
V-2

use in electromagnets, switches, and voltage regulators

(under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3]. Also, PCBs

at any concentration may be processed (i.e., prepared and/or

packaged for distribution in commerce) for purposes of disposal

[761.20(c)(2)].

DISTRIBUTION IN COMMERCE (Sale of Electromagnets, Switches,

and Voltage Regulators)

The distribution in commerce of PCBs, 50 ppm or greater, for

use in electromagnets, switches, and voltage regulators is

prohibited without an EPA exemption [761.20(c)]. However,

PCBs at concentrations less than 50 ppm may be distributed

in commerce for use in electromagnets, switches, and voltage

regulators (under specific conditions) in accordance with

the definition of "Excluded PCB Products" [761.3]. Also,

PCBs at any concentration may be distributed in commerce for

purposes of disposal [761.20(c)(2)]. Disposal means the

termination of the useful life of the PCB or PCBcontaminated electromagnet, switch, or voltage regulator.

The distribution in commerce (sale) of electromagnets,

switches, and voltage regulators which contain PCBs in

concentrations of 50 ppm or greater (known or assumed) for

purposes of reuse or resale is allowed provided:

the unit was originally sold for use before 

July 1, 1979;

the unit is intact and nonleaking at the time of

sale; and

no PCBs are introduced into the unit.

Q1: Does this mean that I can sell a PCB or PCB-contaminated

voltage regulator, switch, or electromagnet?

A1: Yes. If the equipment was originally sold for use before

July 1, 1979, and is now being sold for reuse or resale

(i.e., continued use). Also, the unit must be intact and

nonleaking. EPA recommends that the buyer be advised that

he is purchasing a PCB or PCB-contaminated unit.

Q2: What does intact and nonleaking mean?

A2: Intact and nonleaking means that the equipment is
V-3

structurally sound with all fluid intact and there are no

PCBs on the external surface of the equipment.

Q3: Can I sell drained PCB-contaminated voltage regulators

and/or switch carcasses (known or assumed 50-499 ppm) to a

rebuilder for reuse as parts in repair and remanufacturing

activities?

A3: No. Selling drained (50-499 ppm) carcasses for reuse is an

unauthorized distribution in commerce of PCBs and is

prohibited without an EPA exemption. On the other hand,

non-PCB carcasses (less than 50 ppm) can be sold for reuse

(under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3].

Q4: Can I sell drained PCB-contaminated voltage regulators

and/or switch carcasses (known or assumed 50-499 ppm) to a

scrap or salvage dealer for metals recovery? 

A4: Yes. The sale of drained (50-499 ppm) carcasses for

scrapping or salvaging is generally considered distribution

in commerce for purposes of disposal and is allowed with

certain limitations. To qualify as disposal, the scrapping

practice must be one which will "...terminate the useful

life of PCBs or PCB Items" [761.3]; or, in other words, will

destroy any residual PCBs found in the drained carcasses. 

Salvaging aimed at reclamation of the metals found in the

case and coil generally constitutes disposal, because any

residual PCBs are destroyed by the high temperatures

employed in the smelting process. However, where salvaging

consists of disassembling the drained equipment to obtain

parts for reuse in other equipment, the useful life of the

equipment has not been fully terminated and thus is not

considered disposal. In sum, the scrapping/salvaging of 50-

499 ppm drained equipment is unregulated to the extent that:

(1) scrapping practices do not result in leaks, spills, or

other uncontrolled discharges of PCBs, and (2) any PCBcontaminated components are not reintroduced into commerce.

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCBs in electromagnets, switches, and voltage

regulators may be granted only by rulemaking on a case-bycase basis. The EPA Administrator may set terms and

conditions for an exemption and may grant an exemption for
V-4

not more than one year. EPA interim procedural rules for

processing and distribution in commerce exemptions describe

the required content of processing and distribution in

commerce exemptions petitions and the procedures EPA follows

in rulemaking on exemption petitions. Those rules were

published in the Federal Register of May 31, 1979 (44 FR

31558) and are codified at 40 CFR 750.30 through 750.41.

MARKING/LABELING

Marking/labeling of electromagnets, switches, and voltage

regulators, regardless of PCB concentration, is not

required.

PHASEOUT REQUIREMENTS

After October 1, 1985, the use and storage for reuse of any

PCB electromagnet (500 ppm or greater) which poses an

exposure risk to food or feed is prohibited [761.30(h)(1)]. 

It is the owner's responsibility to determine whether the

electromagnet poses an exposure risk to food or feed.

USE CONDITIONS

PCB and PCB-contaminated electromagnets, switches, and

voltage regulators may be used for the remainder of their

useful lives. No recorded maintenance inspections are

required for PCB or PCB-contaminated electromagnets,

switches, or voltage regulators. 

SERVICING AND RECLASSIFICATION CONDITIONS

The processing of PCB and PCB-contaminated electromagnets,

switches, and voltage regulators is limited to servicing

activities. These servicing activities include: draining

and refilling, topping off, repairing, and retrofilling for

reclassification [761.30(h)(2)]. Note: In the Federal

Register of Novemeber 18, 1993 (58 FR 60970) EPA proposed

amendments to the reclassification provisions for this type

of equipment.
V-5

The processing and distribution in commerce of PCBs, 50 ppm

or greater, for purposes of servicing and repairing a

customer's equipment is prohibited without an EPA exemption

[761.30(h)(2)(vii)]. However, an exemption is not required

to service your own PCB or PCB-contaminated electromagnet,

switch, or voltage regulator with the PCB or PCBcontaminated fluid you already own, in accordance with the

regulations. Also, you can service a customer's unit if you

use non-PCB or PCB-free fluid; and, you are allowed to

refill a customer's unit with the same fluid that came out

of the unit, regardless of PCB concentration.

The processing (servicing) for non-PCB electromagnets,

switches, and voltage regulators with non-PCB fluids and/or

components is allowed without restriction.

A PCB electromagnet, switch, or voltage regulator may be

reclassified to a PCB-contaminated or non-PCB unit by

draining, refilling, and otherwise servicing the unit. In

order to reclassify, the unit's dielectric fluid must

contain less than 500 ppm PCB (for conversion to PCBcontaminated level) or less than 50 ppm PCB (for conversion

to non-PCB level) after a minimum of 3 months of in-service

use subsequent to the last servicing conducted for the

purposes of reducing the PCB concentration in the unit. Inservice means that the unit is used electrically under

loaded conditions [761.30(h)(2)(v)].

The following conditions also apply to service activities:

Removing the coil from PCB electromagnets,

switches, or voltage regulators (500 ppm or

greater) is prohibited [761.30(h)(2)(i)].

PCB-contaminated electromagnets, switches, and

voltage regulators may be serviced (including

rebuilding) only with dielectric fluid containing

less than 500 ppm PCB [761.30(h)(2)(ii)].

PCBs, 50 ppm or greater, removed during servicing

must be either reused as dielectric fluid or

disposed of in accordance with EPA requirements

[761.30(h)(2)(iii)].

PCBs from PCB electromagnets, switches, and

voltage regulators must not be mixed with or added

to dielectric fluid from PCB-contaminated

electromagnets, switches, and voltage regulators
V-6

[761.30(h)(2)(iii)].

If dielectric fluid containing less than 500 ppm

PCBs is mixed with fluid containing 500 ppm or

greater PCBs, then the resulting mixture must not

be used as dielectric fluid in any electrical

equipment. The entire mixture must be considered

to be greater than 500 ppm PCBs and must be

disposed of in an incinerator that meets EPA

requirements [761.30(h)(2)(iv)].

Any dielectric fluid containing 50 ppm or greater

PCBs used for servicing electromagnets, switches,

or voltage regulators must be stored in accordance

with the storage for disposal requirements [761.30

(h)(2)(vi)].

Q5: Is an electromagnet, switch, or voltage regulator required

to reach 50 Centigrade during the 90-day in-service period

for proper reclassification?

A5: No. Unlike transformers, there is no 50 Centigrade

requirement for reclassification of these types of equipment

[761.30(h)(2)(v)].

Q6: Do electromagnets, switches, and voltage regulators have to

be tested to determine their PCB concentration? If not, how

can I determine the equipment's classification?

A6: The regulations do not require that these types of equipment

be tested to determine the PCB concentration in their fluid. 

However, in the absence of a test, certain assumptions

should be made about the equipment. For example, if the

nameplate indicates that the equipment contains PCB

dielectric fluid, or, if there is any reason to believe that

the equipment at one time contained PCB dielectric fluid,

or, if there is no nameplate on the equipment, then the

equipment must be assumed to be PCB (500 ppm or greater). 

Electromagnets, switches, and voltage regulators which

contain mineral oil dielectric fluid and whose PCB

concentration is unknown, must be assumed to be PCBContaminated Electrical Equipment (50-499 ppm) and must be

treated as such. These "assumption rules" effectively apply

to all regulatory requirements relating to the equipment

including: use and servicing, leaks and spills, sale for

reuse, storage for disposal, and disposal.

Q7: Can screening tests, such as Clor-n-OilTM, be used to
V-7

determine the PCB concentration of an electromagnet, switch,

or voltage regulator? If so, can "Certified Non-PCB" labels

be used to classify electromagnets, switches, or voltage

regulators based upon a screen test?

A7: Currently, the regulations do not require that any

particular testing method be utilized when determining the

PCB concentration in electromagnets, switches, or voltage

regulators. However, owners of these types of equipment

should prudently scrutinize PCB testing options, as there

are significant differences in the integrity and accuracy of

various testing methods. It should be noted that, in most

situations, EPA will utilize laboratory gas-chromatography

(GC) testing to determine PCB concentrations during facility

inspections. EPA recommends that owners of electrical

equipment choose testing methods, and practice sampling

procedures, which are analytically accurate, reproducible,

assure quality control, and are certifiable. EPA does not

recognize the results of field screening test kits.

The use of non-PCB labels is unregulated by EPA. That is to

say, there are no prohibitions or requirements to place nonPCB labels on electromagnets, switches, or voltage

regulators. However, if non-PCB labels are used to indicate

the classification of equipment, then owners should be able

to provide documentation such as test results or

manufacturer's letters along with historic service records

which will substantiate the non-PCB classification. A

criminal action could be persued for someone intentionally

using non-PCB labels on known or assumed PCB Items.

Q8: Can I batch test oil samples from several electromagnets,

switches, and/or voltage regulators and classify each unit

based upon one test result?

A8: The only place in the regulations where "batch testing" is

specifically allowed is under testing procedures for

disposal of PCBs [761.60(g)]. However, batch testing to

classify equipment for continued use of PCBs is also

allowable provided that dilution does not take place. That

is, mineral oil that is assumed or known to contain 50 ppm

or greater 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 batch. It should also be

noted that while batch testing is allowed, it does not

relieve the owner from any regulatory requirements if an

individual unit unknowingly contains a higher concentration

of PCBs than was detected in the batch test.
V-8

Q9: Many mineral oil-filled voltage regulators and switches have

no information on their nameplate indicating that they do,

in fact, contain mineral oil dielectric fluid. Without this

nameplate information, am I required to assume that these

units are "PCB" classification (500 ppm or greater)?

A9: The regulations allow "oil-filled" electrical equipment

whose PCB concentration is unknown to be assumed less than

500 ppm (PCB-contaminated, 50-499 ppm). EPA has received

numerous comments from the electric utility industry and

others indicating that significant numbers of mineral oilfilled voltage regulators and switches have no nameplate

information about their dielectric fluid. In the absence of

this information, one could interpret the regulations to

require that these units be assumed "PCB" instead of "PCBcontaminated." However, almost all voltage regulators and

switches are, in fact, mineral oil-filled and not designed

to use PCB dielectric fluid. Consequently, it is reasonable

to assume that voltage regulators and switches are "oilfilled" unless: (1) the nameplate indicates that the

equipment contains PCB dielectric fluid, or (2) if there is

any reason to believe that the equipment at one time

contained PCB dielectric fluid. 

STORAGE FOR REUSE

Voltage regulators and switches containing PCBs at any

concentration may be stored for reuse. There are no time

limitations on this storage; however, voltage regulators

and/or switches (50 ppm or greater) which are stored for

reuse must be in a condition suitable for reuse. These

units are considered by EPA to be in-service for purposes of

the regulations.

Electromagnets containing PCBs at any concentration may also

be stored for reuse indefinitely provided that they are in a

condition suitable for reuse; except that, the storage for

reuse of a PCB electromagnet which poses an exposure risk to

food or feed is prohibited after October 1, 1985.

Q10: How long can I keep a "burned-out" or "nonfunctional"

electromagnet, switch, or voltage regulator in storage for

reuse if I plan on repairing it and using it later?
V-9

A10: EPA does not require nonfunctional electromagnets, switches,

or voltage regulators (regardless of PCB concentration) to

be placed into "storage for disposal" if you intend to

repair and reuse the item. However, EPA may have grounds to

enforce against lengthy "storage for reuse" of equipment

which is not reasonably expected to be placed back into

service. In other words, while there are no explicit

requirements for, or restrictions on, the storage for reuse

of equipment which can be repaired, the owner should be able

to demonstrate good faith compliance with the intent of the

storage for disposal requirements and complete any required

servicing or repairs within the same one year limitation

associated with PCB disposal.

STORAGE FOR DISPOSAL

All PCB and PCB-contaminated electromagnets, switches, and

voltage regulators must be dated when placed into storage

for disposal [761.65(c)(8)] and must be removed from storage

and disposed of within one year [761.65(a)].

The facility used to store PCB and PCB-contaminated

electromagnets, switches, and/or voltage regulators must

comply with the "storage for disposal" requirements [761.65

(b)(1)]. See the chapter on "PCB Storage Requirements" for 

specific requirements.

Nonleaking PCB and PCB-contaminated electromagnets,

switches, and voltage regulators may be stored temporarily

by a generator in an area that does not comply with the

requirements for a PCB storage facility for up to 30 days

from the date of their removal from service for disposal

provided that a notation is attached to each unit indicating

the dates the equipment was removed from service

[761.65(c)(1)], and placed into storage for disposal

[761.65(c)(8)].

Leaking PCB and PCB-contaminated electromagnets, switches,

and voltage regulators which are placed in appropriate PCB

Containers [761.65(c)(6)] with sufficient sorbent materials

to absorb any liquid PCBs, may also be temporarily stored

for up to 30 days provided that a notation is attached to

the container indicating the dates the equipment was removed

from service [761.65(c)(1)(ii)], and placed into storage for

disposal [761.65(c)(8)]. Each container or drum used to

store leaking PCB Items must be marked in accordance with

EPA marking and labeling requirements [761.40 (a)(1)].
V-10

Nonleaking and structurally undamaged PCB-contaminated

electromagnets, switches, and voltage regulators that have

not been drained of free-flowing dielectric fluid may also

be stored temporarily on pallets next to a PCB storage

facility which meets the requirements for storage for

disposal. This type of storage is permitted only when the

storage facility has immediately available unfilled storage

space equal to 10 percent of the volume of the equipment

stored outside the facility. The equipment stored outside

the facility must be inspected for leaks weekly

[761.65(c)(2)], and a notation must be attached to each unit

indicating the dates the equipment was removed from service

[761.65(c)(1)] and placed into storage for disposal [761.65

(c)(8)].

DISPOSAL

PCB electromagnets, switches, and voltage regulators must be

disposed of as follows:

In an incinerator that complies with 40 CFR

761.70.

In a chemical waste landfill provided that all

free-flowing liquid PCBs have been thoroughly

drained from the equipment. The PCB liquids that

are removed (including any flushing solvent) must

be disposed of in an incinerator that complies

with 40 CFR 761.70, or by an alternative EPA

approved and permitted method in accordance with

761.60(e).

PCB-contaminated electromagnets, switches, and voltage

regulators must be disposed of as follows:

By draining all free-flowing liquid from the

equipment and disposing of the liquid in an

incinerator that complies with 40 CFR 761.70, in a

chemical waste landfill that complies with 761.75,

in an approved high efficiency boiler that

complies with 761.60(a)(2)(iii), or by an

alternative EPA approved and permitted method that

complies with 761.60(e). The disposal of the

drained equipment carcass is not regulated [761.60

(b)(5)(ii)]. (See Distribution in Commerce.)

Non-PCB electromagnets, switches, and voltage regulators
V-11

(less than 50 ppm PCB) may be disposed of with the following

considerations:

There are no PCB disposal requirements for non-PCB

electromagnets, switches, and voltage regulators. 

However, certain reuse restrictions apply to the

less than 50 ppm PCB fluid. Waste oil with any

detectable concentration of PCBs cannot be used as

a sealant, coating, or dust control agent

[761.20(d)]; and also, can only be burned for

energy recovery in specific combustion facilities

described in 761.20(e)(1). See the Chapter XIII

on "PCB Disposal Requirements" for a detailed

discussion of the disposal of non-PCB waste oils.

Q11: Do PCB electromagnets, switches, and voltage regulators have

to be filled with a solvent for 18 hours and redrained

before transporting the carcass to a chemical waste

landfill?

All: No. Unlike PCB Transformers, there is no requirement to

fill and flush PCB electromagnets, switches, or voltage

regulators with solvent prior to disposal of the drained

carcass in a chemical waste landfill. However, owners of

PCB Equipment should take appropriate steps to insure that

all free-flowing liquid PCBs have been extracted from the

carcass.

RECORDKEEPING

Testing data, inventories, servicing and reclassification

records, spill reports, and disposal records should be

maintained for all PCB and PCB-contaminated electromagnets,

switches, and voltage regulators. Under specific quantity

guidelines, [761.180(a)] records are required to be kept to

form the basis of an Annual Document Log and Annual Record

which must be prepared each year and maintained for at least

3 years after the facility ceases using or storing PCBs and

PCB Items. Disposers and commercial storers of all PCB and

PCB-contaminated electromagnets, switches, and voltage

regulators are required to keep records pursuant to

761.180(b). See Chapter XV, "Recordkeeping and Reporting"

for a detailed discussion of other recordkeeping

requirements.

SPILLS
V-12

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 a PCB or PCB-contaminated

electromagnet, switch, or voltage regulator is considered

improper disposal of PCBs. The PCB Spill Cleanup Policy

provides specific cleanup measures which, if followed

explicitly, create a presumption against enforcement for

penalties or further cleanup. See the chapter on "PCB Spill

Cleanup Policy" for specific measures.

PCB spills involving 1 lb. or more of PCBs (generally 1 pint

of Askarel) must be reported to the National Response Center

(NRC) at (800) 424-8802. Spills involving 10 lbs. or more

of PCBs (generally 1 gallon of Askarel) must be reported to

the appropriate Regional EPA office. Failure to notify the

NRC under CERCLA can lead to penalties under Section 109 or,

under Section 103, criminal fines and imprisonment. Any

spill should be reported when people or animals can come

into direct and uncontrolled contact with PCBs.

Measures must immediately be taken to control the spread of

the spill. Any threats to water should be given highest

priority. Water and other complicated spills should be

cleaned up by trained personnel to levels set by the

appropriate EPA Regional Administrator. Organizations that

frequently handle PCBs should develop spill contingency

plans and conduct training for dealing with spills.

Once a spill is contained, cleanup measures can begin. EPA

requires cleanup of PCBs to different levels depending on

spill location, the potential for exposure to residual PCBs

remaining after cleanup, the concentration of PCBs initially

spilled, and the nature and size of the population

potentially at risk of exposure. While the PCB Spill

Cleanup Policy applies to the majority of situations,

exceptional circumstances may require additional cleanup at

the discretion of the EPA regional office. A detailed

description of the specific reporting, cleanup,

recordkeeping, and post-cleanup sampling requirements is

found in the chapter on "PCB Spill Cleanup Policy."

Other minor weeping from PCB or PCB-contaminated equipment

capacitor bushings and seams, not covered by the spill

policy, is still considered improper disposal of PCBs and

compels responsible parties to take actions to rectify the

exposure of humans and the environment to PCBs.

Q12: Do records and/or spill reports have to be kept for all PCB
V-13

or PCB-contaminated electromagnets, switches, or voltage

regulators which rupture?

A12: The PCB Spill Cleanup Policy specifies certain recordkeeping

when a PCB or PCB-contaminated electromagnet, switch, or

voltage regulator ruptures or spills. See the chapter on

"PCB Spill Cleanup Policy" for specific spill recordkeeping.
CHAPTER VI

CIRCUIT BREAKERS

RECLOSERS AND CABLE

Manufacturing (page VI-1)

Processing (page VI-1)

Distribution in Commerce (Sale of Circuit Breakers, Reclosers,

 and Cable) (page VI-2)

Exemptions to Manufacture, Process, and Distribute PCBs in

 Commerce (page VI-3)

Marking/Labeling (page VI-3)

Use Conditions (page VI-4)

Servicing and Reclassification Conditions (page VI-4)

Storage for Reuse (page VI-7)

Storage for Disposal (page VI-7)

Disposal (page VI-8)

Recordkeeping (page VI-9)

Spills (page VI-10)
VI-1

- CIRCUIT BREAKERS, RECLOSERS, AND CABLE -

Circuit breakers, reclosers, and cable are used primarily by

electric utilities in the transmission and distribution of

electric power to protect other equipment in the electric

power system from damage caused by electrical faults. 

Circuit breakers, reclosers, and cable are types of oilfilled electrical equipment generally not designed to

contain PCBs. However, available data indicate that a small

percentage of this electrical equipment does in fact contain

PCBs resulting from past servicing and manufacturing

practices.

One very important difference between circuit breakers,

reclosers, and cable is that they are not required to be

"assumed" PCB-Contaminated Electrical Equipment as are other

untested, oil-filled units such as transformers and voltage

regulators whose PCB concentration is unknown. That is to

say, circuit breakers, reclosers, and cable have

specifically been excluded from the "Assumption Rule"

[761.3]. It is important to note, however, that if circuit

breakers, reclosers, or cable are 50 ppm or greater PCBs,

then all regulatory requirements relating to the equipment

including leaks and spills, storage for disposal, and

disposal apply.

MANUFACTURING

The manufacture of PCBs, regardless of concentration, for

use in circuit breakers, reclosers, and cable is prohibited

without an EPA exemption [761.20(b)].

PROCESSING

The processing of PCBs, 50 ppm or greater, for use in

circuit breakers, reclosers, or cable is prohibited without

an EPA exemption [761.20(c)]. However, PCBs at

concentrations less than 50 ppm may be processed for use in

circuit breakers, reclosers, and cable (under specific

conditions) in accordance with the definition of "Excluded

PCB Products" [761.3]. Also, PCBs at any concentration may

be processed (i.e., prepared and/or packaged for

distribution in commerce) for purposes of disposal

[761.20(c)(2)].
VI-2

DISTRIBUTION IN COMMERCE (Sale of Circuit Breakers,

Reclosers, and Cable)

The distribution in commerce of PCBs, 50 ppm or greater, for

use in circuit breakers, reclosers, and cable is prohibited

without an EPA exemption [761.20(c)]. However, PCBs at

concentrations less than 50 ppm may be distributed in

commerce for use in circuit breakers, reclosers, and cable

(under specific conditions) in accordance with the

definition of "Excluded PCB Products" [761.3]. Also, PCBs

at any concentration may be distributed in commerce for

purpose of disposal [761.20(c)(2)]. Disposal, means the

termination of the useful life of the PCB or PCBcontaminated circuit breaker, recloser, or cable.

The distribution in commerce (sale) of circuit breakers,

reclosers, and cable which already contain PCBs in

concentrations of 50 ppm or greater for purposes of reuse is

allowed provided:

the unit was originally sold for use before 

July 1, 1979;

the unit is intact and nonleaking at the time of

sale; and

no PCBs are introduced into the unit.

Q1: Does this mean I can sell a PCB or PCB-contaminated circuit

breaker, recloser, or cable?

A1: Yes. If the equipment was originally sold for use before

July 1, 1979, and is now being sold for reuse (i.e.,

continued use). Also, the unit must be intact and

nonleaking. EPA recommends that the buyer be advised that

he is purchasing a PCB or PCB-contaminated unit.

Q2: What does intact and nonleaking mean?

A2: Intact and nonleaking means that the equipment is

structurally sound with all fluid intact and there are no

PCBs on the surface of the equipment.

Q3: Can I sell drained PCB-contaminated circuit breakers and/or

recloser carcasses to a rebuilder for reuse as parts in

repair and remanufacturing activities?

A3: No. Selling drained 50-499 ppm carcasses for reuse as parts
VI-3

is an unauthorized distribution in commerce of PCBs and is

prohibited without an EPA exemption. On the other hand,

non-PCB carcasses (less than 50 ppm) can be sold for reuse 

(under specific conditions) in accordance with the 

definition of "Excluded PCB Products" [761.3].

Q4: Can I sell drained PCB-contaminated circuit breakers and/or

recloser carcasses to a scrap or salvage dealer for metals

recovery?

A4: Yes. The sale of drained 50-499 ppm carcasses for scrapping

or salvaging is generally considered distribution in

commerce for purposes of disposal and is allowed with

certain limitations. To qualify as disposal, the scrapping

practice must be one which will "...terminate the useful

life of PCBs or PCB Items" [761.3]; or, in other words, will

destroy any residual PCBs found in the drained carcasses. 

Salvaging aimed at reclamation of the metals found in the

case and coil generally constitutes disposal, because any

residual PCBs are destroyed by the high temperatures

employed in the smelting process. However, where salvaging

consists of disassembling the drained equipment to obtain

parts for reuse in other equipment, the useful life of the

equipment has not been fully terminated and thus is not

considered disposal. In sum, the scrapping/salvaging of 50-

499 ppm drained equipment is unregulated to the extent that:

(1) scrapping practices do not result in leaks, spills, or

other uncontrolled discharges of PCBs, and (2) any PCBcontaminated components are not reintroduced into commerce.

EXEMPTIONS TO MANUFACTURE, PROCESS, AND DISTRIBUTE PCBs IN

COMMERCE

Exemptions to manufacture, process, and distribute in

commerce PCBs in circuit breakers, reclosers, and cable may

be granted only by rulemaking on a case-by-case basis. The

EPA Administrator may set terms and conditions for an

exemption and may grant an exemption for not more than one

year. EPA interim procedural rules for processing and

distribution in commerce exemptions describe the required

content of processing and distribution in commerce

exemptions petitions and the procedures EPA follows in

rulemaking on exemption petitions. Those rules were

published in the Federal Register of May 31, 1979 (44 FR

31558) and are codified at 40 CFR 750.30 through 750.41.
VI-4

MARKING/LABELING

Marking/labeling of circuit breakers, reclosers, and cable,

regardless of PCB concentration, is not required.

USE CONDITIONS

PCB and PCB-contaminated circuit breakers, reclosers, and

cable may be used for the remainder of their useful lives. 

No recorded maintenance inspections are required for PCB or

PCB-contaminated circuit breakers, reclosers, or cable. 

However, ruptures, leaks, and other uncontrolled discharges

from PCB or PCB-contaminated circuit breakers, reclosers,

and cable are considered improper disposal of PCBs.

SERVICING AND RECLASSIFICATION CONDITIONS

Processing of PCB and PCB-contaminated circuit breakers,

reclosers, and cable is limited to servicing activities. 

These servicing activities include: draining and refilling,

topping off, repairing, and retrofilling for

reclassification [761.30(m)(1)]. Circuit breakers,

reclosers, and cable may be serviced (including rebuilding)

only with dielectric fluid containing less than 50 ppm PCB.

A PCB circuit breaker or recloser may be reclassified to a

PCB-contaminated or non-PCB unit by draining, refilling, and

otherwise servicing the unit. In order to reclassify, the

unit's dielectric fluid must contain less than 500 ppm PCB

(for conversion to PCB-contaminated level) or less than 50

ppm PCB (for conversion to non-PCB level) after a minimum of

3 months of in-service use subsequent to the last servicing

conducted for the purposes of reducing the PCB concentration

in the unit. In-service means that the unit is used

electrically under loaded conditions [761.30(m)(1)].

The following conditions also apply to service activities:

Removing the coil from PCB circuit breakers or

reclosers (500 ppm or greater) is prohibited

[761.30(m)(1)].

PCBs from PCB circuit breakers, reclosers, and

cable must not be mixed with or added to

dielectric fluid from PCB-contaminated circuit
VI-5

breakers, reclosers, and cable [761.30(m)(1)].

If dielectric fluid containing less than 500 ppm

PCBs is mixed with fluid containing 500 ppm or

greater PCBs, then the resulting mixture must not

be used as dielectric fluid in any electrical

equipment. The entire mixture must be considered

to be greater than 500 ppm PCBs and must be

disposed of in an incinerator that meets

EPA requirements [761.30(m)(1)], or by an

alternative EPA approved and permitted method.

Mineral oil from circuit breakers, reclosers, and

cable must not be mixed with mineral oil from

other electrical equipment, such as transformers

and voltage regulators, whose PCB concentration is

unknown. If dielectric fluid from untested, oilfilled 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 oilfilled electrical equipment has been tested and

shown to contain less than 50 ppm PCBs

[761.60(g)(1)(i)].

Q5: Our facility periodically drains oil-filled circuit

breakers, reclosers, and cable, brought in for servicing,

into drums and/or bulk tanks. From time to time, an

untested transformer or voltage regulator is also brought in

for servicing and the oil from these units is drained into

the same drums and/or storage tanks. These drums/tanks are

always batch tested for PCBs and the contents are then

reused in servicing oil-filled circuit breakers, reclosers,

and cable, or disposed of based upon the PCB test result. 

Is there anything wrong with this type of mixing and batch

testing?

A5: Yes. What you have in this scenario is unauthorized

"dilution" of PCBs. The regulations do allow mixing and

batch testing under certain conditions. However, the mixing

of untested oil from circuit breakers, reclosure, and cable

with untested transformer and regulator oil for batch

testing is prohibited. If these dielectric fluids are

collected in a common container, then the entire mixture

must be treated as 50 ppm or greater PCBs even if a batch

test resulted in less than 50 ppm. Consequently, the
VI-6

mixture could not be reused in servicing oil-filled circuit

breakers, reclosers, and cable, and the entire mixture must

be stored for disposal and disposed of as containing PCBs at

a concentration of 50 ppm or greater.

Q6: Is a circuit breaker or recloser required to reach 50

Centigrade during the 90-day in-service period for proper

reclassification?

A6: No. Unlike transformers, there is no 50 Centigrade

requirement for reclassification of these types of equipment

[761.30(m)(1)].

Q7: Can screening tests, such as Clor-n-OilTM, be used to

determine the PCB concentration of circuit breakers,

reclosers, or cable? If so, can "certified non-PCB" labels

be used to classify these units based upon a screen test?

A7: Currently, the regulations do not require that any

particular testing method be utilized when determining the

PCB concentration in circuit breakers, reclosers, or cable.

However, owners of these types of equipment should prudently

scrutinize PCB testing options, as there are significant

differences in the integrity and accuracy of various testing

methods. It should be noted that, in most situations, EPA

will utilize laboratory gas-chromatography (GC) testing to

determine PCB concentrations during facility inspections. 

EPA recommends that owners of electrical equipment choose

testing methods, and practice sampling procedures, which are

analytically accurate, reproducible, assure quality control,

and are certifiable. EPA does not recognize results of

field screening test kits for classifying PCB equipment.

The use of non-PCB labels is unregulated by EPA. That is to

say, there are no prohibitions or requirements to place nonPCB labels on circuit breakers, reclosers, or cable. 

However, if non-PCB labels are used to indicate the

classification of equipment, then owners should be able to

provide documentation such as test results or manufacturer's

letters along with historic service records which will

substantiate the non-PCB classification. Criminal action

could be pursued for someone intentionally using non-PCB

labels on PCB or PCB-contaminated items.
VI-7

Q8: Can I batch test oil samples from several circuit breakers

or reclosers and classify each unit based upon one test

result?

A8: The only place in the regulations where "batch testing" is

specifically allowed is under testing procedures for

disposal of PCBs [761.60(g)]. However, batch testing to

classify equipment for continued use of PCBs is also

allowable provided that dilution does not take place. That

is, mineral oil that is assumed or known to contain 50 ppm

or greater 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 batch. It should also be

noted that while batch testing is allowed, it does not

relieve the owner from any regulatory requirements if an

individual unit is discovered to contain a higher

concentration of PCBs than was detected in the batch test.

STORAGE FOR REUSE

Circuit breakers, reclosers, and cable containing PCBs at

any concentration may be stored for reuse. There are no

time limitations on this storage; however, circuit breakers,

reclosers, and cable (50 ppm or greater) which are stored

for reuse must be in condition suitable for reuse. These

units are considered by EPA to be in-service for purposes of

the regulations.

Q9: How long can I keep a "burned-out" or "nonfunctional" PCB or

PCB-contaminated circuit breaker or recloser in storage for

reuse if I plan on repairing it and using it later?

A9: It is not required that nonfunctional equipment be placed

into "storage for disposal" if there is a possibility of

repair. However, EPA may have grounds to enforce against

lengthy "storage for reuse" of equipment which is not

reasonably expected to be placed back into service. In

other words, while there are no explicit requirements for,

or restrictions on, the storage for reuse of equipment which

can and may be repaired, the owner should be able to

demonstrate good faith compliance with the intent of the

storage for disposal requirements and complete any required

servicing and/or repairs within a reasonable timeframe.
VI-8

STORAGE FOR DISPOSAL

All PCBs and PCB-contaminated circuit breakers, reclosers,

and cable must be dated when placed into storage for

disposal [761.65(c)(8)] and must be removed from storage and

disposed of within one year [761.65(a)].

The facility used to store PCB and PCB-contaminated circuit

breakers, reclosers, and/or cable must comply with the

"storage for disposal" requirements [761.65(b)(1)]. See the

chapter on "PCB Storage Facilities" for specific

requirements.

Nonleaking PCB and PCB-contaminated circuit breakers,

reclosers, and cable may be stored temporarily by a

generator in an area that does not comply with the

requirements for a PCB storage facility for up to 30 days

from the date of their removal from service for disposal

provided that a notation is attached to each unit indicating

the dates the equipment was removed from service

[761.65(c)(1)(i)], and placed into storage for disposal

[761.65(c)(8)].

Leaking PCB and PCB-contaminated circuit breakers,

reclosers, and cable which are placed in appropriate PCB

Containers [761.65(c)(6)] with sufficient sorbent materials

to absorb any liquid PCBs, may also be temporarily stored by

a generator for up to 30 days provided that a notation is

attached to the container indicating the dates the equipment

was removed from service [761.65(c)(1)], and placed into

storage for disposal [761.65(c)(8)]. Each container or drum

used to store leaking PCB Items must be marked in accordance

with EPA marking and labeling requirements [761.40(a)(1)].

Nonleaking and structurally undamaged PCB-contaminated

circuit breakers, reclosers, and cable that have not been

drained of free-flowing dielectric fluid may be stored

temporarily on pallets next to a PCB storage facility which

meets the requirements for storage for disposal. This type

of storage is permitted only when the storage facility has

immediately available unfilled storage space equal to 10

percent of the volume of the equipment stored outside the

facility. The equipment stored outside the facility must be

inspected for leaks weekly [761.65(c)(2)], and a notation

must be attached to each unit indicating the dates the

equipment was removed from service [761.65(c)(1)] and placed

into storage for disposal [761.65 (c)(8)]. If a weekly

visual inspection reveals a piece of equipment is leaking,

having the required available space within the storage area

allows immediate containment of the leak by moving the
VI-9

equipment into the storage area.

DISPOSAL

PCB circuit breakers, reclosers, and cable must be disposed

of as follows:

In an incinerator that complies with 40 CFR

761.70.

In a chemical waste landfill provided that all

free-flowing liquid PCBs have been thoroughly

drained from the equipment. The PCB liquids that

are removed (including any flushing solvent) must

be disposed of in an incinerator that complies

with 40 CFR 761.70, or by an alternative EPA

approved and permitted method in accordance with

761.60(e).

PCB-contaminated circuit breakers, reclosers, and cable must

be disposed of as follows:

By draining all free-flowing liquid from the

equipment and disposing of the liquid in an

incinerator that complies with 40 CFR 761.70, in a

chemical waste landfill that complies with 761.75,

in an approved high efficiency boiler that

complies with 761.60(a)(2)(iii), or by an

alternative EPA approved and permitted method that

complies with 761.60(e). The disposal of the

drained equipment carcass is not regulated [761.60

(b)(5)(ii)]; however, the sale or trade of the

drained carcass for reuse as parts or in

rebuilding is regulated. (See Distribution in

Commerce.)

Non-PCB circuit breakers, reclosers, and cable (less than 50

ppm PCB) may be disposed of with the following

considerations:

There are no PCB disposal requirements for non-PCB

circuit breakers, reclosers, and cable. However,

certain reuse restrictions apply to the less than

50 ppm PCB fluid. Waste oil with any detectable

concentration of PCBs cannot be used as a sealant,

coating, or dust control agent [761.20(d)]; and

also, can only be burned for energy recovery in
VI-10

specific combustion facilities described in

761.20(e)(1). See the chapter on "PCB Disposal

Requirements" for a detailed discussion of the

disposal of non-PCB waste oils.

Q10: Do PCB circuit breakers, reclosers, and cable have to be

filled with a solvent for 18 hours and redrained before

transporting the carcass to a chemical waste landfill?

A10: No. Unlike PCB Transformers, there is no requirement to

fill and flush PCB circuit breakers, reclosers, and cable

with solvent prior to disposal of the drained carcass in a

chemical waste landfill. However, owners of PCB Equipment

should take appropriate steps to insure that all freeflowing liquid PCBs have been extracted from the carcass.

RECORDKEEPING

Testing data, inventories, servicing and reclassification

records, spill reports, and disposal records should be

maintained for all PCB and PCB-contaminated circuit

breakers, reclosers, and cable. Under specific quantity

guidelines, [761.180(a)] records are required to be kept to

form the basis of an Annual Document Log and Annual Record

which must be prepared each year and maintained for at least

3 years after the facility ceases using or storing PCBs and

PCB Items. See Chapter XV, "Recordkeeping and Reporting"

for a detailed discussion of other recordkeeping

requirements.

SPILLS

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 a PCB or PCB-contaminated

circuit breaker, recloser, or cable is considered improper

disposal of PCBs. The PCB Spill Cleanup Policy provides

specific cleanup measures which, if followed explicitly,

create a presumption against enforcement for penalties or

further cleanup. See the chapter on "PCB Spill Cleanup

Policy" for specific measures.

PCB spills involving 1 lb. or more of PCBs (generally 1 pint

of Askarel) must be reported to the National Response Center

(NRC) at (800)424-8802. Spills involving 10 lbs. or more of
VI-11

PCBs must be reported to the appropriate regional EPA

office. Failure to notify the NRC under CERCLA can lead to

civil penalties under Section 109 or, under Section 103,

criminal fines and imprisonment. Any spill should be

reported when people or animals can come into direct and

uncontrolled contact with PCBs.

Measures must immediately be taken to control the spread of

the spill. Any threats to water should be given highest

priority. Water and other complicated spills should be

cleaned up by trained personnel to levels set by the

appropriate EPA Regional Administrator. Organizations that

frequently handle PCBs should develop spill contingency

plans and conduct training for dealing with spills.

Once a spill is contained, cleanup measures can begin. EPA

requires cleanup of PCBs to different levels depending on

spill location, the potential for exposure to residual PCBs

remaining after cleanup, the concentration of PCBs initially

spilled, and the nature and size of the population

potentially at risk of exposure. While the PCB Spill

Cleanup Policy applies to the majority of situations,

exceptional circumstances may require additional cleanup at

the discretion of the EPA regional office. A detailed

description of the specific reporting, cleanup,

recordkeeping, and postcleanup sampling requirements is

found in the chapter on "PCB Spill Cleanup Policy."

Other minor weeping from PCB or PCB-contaminated equipment

bushings and seams not covered by the spill policy is still

considered improper disposal of PCBs and compels responsible

parties to take actions to rectify the exposure of humans

and the environment to PCBs.

Q11: Do records and/or spill reports have to be kept for all PCB

or PCB-contaminated circuit breakers, reclosers, or cable

which rupture and/or spill?

A11: The PCB Spill Cleanup Policy specifies specific

recordkeeping when a PCB or PCB-contaminated circuit

breaker, recloser, or cable ruptures or spills. See the

chapter on "PCB Spill Cleanup Policy" for specific spill

recordkeeping.
VI-12

CHAPTER VII

RESEARCH AND DEVELOPMENT

Manufacturing (page VII-1)

Processing (page VII-1)

Distribution in Commerce (page VII-1)

Exporting (page VII-1)

Exemptions to Manufacture, Process, Distribute in 

Commerce, and Export PCBs (page VII-2)

Use Conditions (page VII-2)

Marking/Labeling (page VII-3)

Storage for Disposal (page VII-4)

Disposal (page VII-4)

Recordkeeping and Reporting Requirements (page VII-5)

Spills (page VII-5)
VII-1

-RESEARCH AND DEVELOPMENTPCBs are used in toxicological and environmental testing. 

They are also used in analytical chemistry as "reference

standards" for the analysis of unknown compounds that may

contain PCBs.

EPA determined that there are no substitutes for PCBs for

the continuation of important health, environmental, and

analytical research and that substitutes for PCBs in these

applications will not be developed in the future. 

Therefore, there is a unique need for exemptions to

manufacture, process, distribute in commerce, and export

PCBs in small quantities for research and development.

MANUFACTURING

The manufacture of PCBs for the purpose of research and

development is prohibited without an EPA exemption

[761.20(b)]. (Note: EPA has granted exemptions to

manufacture PCBs in small quantities for research and

development.)

PROCESSING

The processing of PCBs for the purpose of research and

development is prohibited without an EPA exemption

[761.20(c)]. (Note: EPA has granted exemptions to process

PCBs in small quantities for research and development.)

DISTRIBUTION IN COMMERCE

The distribution in commerce of PCBs for the purpose of

research and development is prohibited without an EPA

exemption [761.20(c)]. (Note: EPA has granted exemptions

to distribute in commerce PCBs in small quantities for

research and development.)

EXPORTING

The export of PCBs for the purpose of research and

development is prohibited without an EPA exemption

[761.20(b)&(c)]. (Note: EPA has granted exemptions to
VII-2

export PCBs in small quantities for research and

development.)

EXEMPTIONS TO MANUFACTURE, PROCESS, DISTRIBUTE IN COMMERCE,

AND EXPORT PCBs

Section 6(e)(3)(B) of TSCA provides that any person may

petition the Administrator for an exemption from the

prohibition against the manufacture, processing, and

distribution in commerce of PCBs. The Administrator may by

rule grant an exemption if the Administrator finds that "(i)

an unreasonable risk to health or the environment would not

result, and (ii) good faith efforts have been made to

develop a chemical substance which does not present an

unreasonable risk of injury to health or the environment and

which may be substituted for such polychlorinated biphenyl." 

The Administrator may set terms and conditions for an

exemption and may grant an exemption for not more than one

year.

EPA's Interim Procedural Rules for Processing and

Distribution in Commerce Exemptions describe the required

content of processing and distribution in commerce exemption

petitions and the procedures EPA follows in rulemaking on

exemption petitions. Those rules were published in the

Federal Register of May 31, 1979 (44 FR 31514) and are

codified at 40 CFR 750.30 through 750.41.

The class exemption on processing and distribution in

commerce includes all persons or business entities which

process and distribute in commerce PCBs in accordance with

the definition of "small quantities for research and

development" [761.30(j)]. EPA also places the following

terms and conditions on the class exemption:

All processors and distributors must maintain

records of their PCB activities for a period of 5

years.

Any person or company that expects to process or

distribute in commerce 100 grams (.22 lb.) or more

PCBs for research and development in 1 year must

report to EPA and identify the sites of PCB

activities and the quantity of PCBs to be

processed and distributed in commerce.
VII-3

USE CONDITIONS

PCBs may be used in small quantities for the purpose of

research and development indefinitely provided the use is in

accordance with the following definition:

"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.

As published in the Federal Register on March 30, 1983 (48 

FR 13184), research and development on disposal methods 

using PCBs constitutes disposal and is regulated using the 

disposal section of the PCB regulations (40 CFR 761.60). 

Failure to obtain prior approval from EPA to conduct 

disposal research and development is a violation of the PCB 

disposal regulations.

Q1: I have just received a package of PCBs for research and

development purposes. How should I store the hermetically

sealed containers until use?

A1: There are no storage requirements for hermetically sealed

packages of PCBs that will be used for research and

development. As long as the hermetically sealed containers

have not been opened, they may be stored for future use

indefinitely. However, once the seal has been broken on a

container, the small quantity of PCBs must be used for their

intended purpose in a timely fashion. Any residual PCB

wastes, including contaminated containers and lab

instruments, must be stored for disposal in accordance with

EPA requirements.

Q2: Is there a limit on the number of hermetically sealed 5 

milliliter containers that can be used?

A2: No, one may use as many as necessary to conduct the research

and development activity.

MARKING/LABELING
VII-4

All hermetically sealed containers containing small

quantities of PCBs for research and development must be

marked/labeled in accordance with EPA marking requirements

for PCB Containers [761.40(a)(1)].

In addition, if sealed containers are stored in a package,

then the package must be marked/labeled in accordance with

EPA marking requirements for PCB Article Containers

[761.40(a)(9)].

STORAGE FOR DISPOSAL

Any PCB waste generated from the use of small quantities of

PCBs for research and development (i.e., contaminated

containers and lab instruments) must be stored for disposal

in a facility which complies with EPA storage for disposal

requirements [761.65(b)(1)].

However, PCB waste from research and development can also be

stored temporarily by the generator for up to 30 days in an

area that does not comply with the requirements for a PCB

storage facility provided that the following conditions are

met:

PCB waste must be placed in an appropriate PCB

Container/drum [761.65(c)(6)] with sufficient

sorbent materials to absorb any liquid PCBs.

The PCB Container/drum must be marked/labeled in

accordance with EPA marking requirements

[761.40(a)(1)].

A notation must be attached to the PCB

Container/drum indicating the date the first PCB

waste was placed into the container/drum for

disposal [761.65(c)(1)].

Within 30 days, all PCB waste within the

container/drum must either be transferred to a

storage facility which meets the requirements for

storage for disposal [761.65(b)(1)], or to an EPA

approved and permitted PCB disposal facility.

Q3: From time to time, our lab wishes to return PCB analytical

standards to our supplier because of overshipment and/or the

delivery of incorrect standards. Can these standards be
VII-5

returned and used by another company or must unused

standards be disposed of as PCB waste?

A3: The class exemption to process and distribute in commerce

small quantities of PCBs for research and development would

also apply in this situation and allow the return of

standards to suppliers for processing and use by another

company. The standards must be packaged in hermetically

sealed containers of a volume of no more than 5 milliliters.

DISPOSAL

PCB wastes (50 ppm or greater) generated from research and

development activities such as used PCB standards,

contaminated containers, and contaminated lab instruments

must be disposed of in accordance with EPA disposal

requirements under 761.60. Debris from a spill may be

disposed of in a 761.60 incinerator or a 761.75 chemical

waste landfill [761.60(a)(4)].

RECORDKEEPING AND REPORTING REQUIREMENTS

The class exemption to process and distribute in commerce

small quantities of PCBs for research and development

includes the following recordkeeping/reporting requirements:

All processors and distributors must maintain

records of their PCB activities for a period of 5

years.

Any person or company that expects to process or

distribute in commerce 100 grams (.22 lb.) or more

PCBs for research and development in 1 year must

report to EPA and identify the sites of PCB

activities and the quantity of PCBs to be

processed and distributed in commerce.

SPILLS

Spills, leaks, and other uncontrolled discharges resulting

in the release of any quantity of PCBs (50 ppm or greater)

is considered improper disposal of PCBs. The PCB Spill

Cleanup Policy provides specific cleanup measures which, if

followed explicitly, create a presumption against

enforcement for penalties or further cleanup. See the
VII-6

chapter on "PCB Spill Cleanup Policy" for specific measures.
CHAPTER VIII

MICROSCOPIC

MOUNTING MEDIUM

IMMERSION OILS

OPTICAL LIQUIDS

Manufacturing, Processing, and Distribution in Commerce

(page VIII-2)

Use Conditions (page VIII-2)

Disposal (page VIII-2)

Spills (page VIII-2)
VIII-1

-MICROSCOPIC MOUNTING MEDIUM, IMMERSION OILS, OPTICAL LIQUIDSPCBs are reported to be an ideal mounting medium for light

microscopy primarily because of their stability, refractive

index, viscosity, and thermoplastic properties. In the

past, the principal users have been mineralogists and

chemical microscopists employed in chemical laboratories

such as: police crime-laboratories, museum conservation

laboratories, industrial laboratories, where contaminant

particles in drugs, food, and plastics are identified, and

in laboratories studying environmental contaminants. PCBs

are used in art and historic conservation as a mounting

medium to preserve specimens permanently and in the

preservation of small environmental, forensic, and

industrial contaminant particles.

Although mounting media exist with refractive indices and

viscosities similar to PCBs, these media reportedly discolor

in time. At this time, there are no adequate substitutes

for PCBs in the preparation of permanent slides.

PCBs are useful as microscope immersion oils in medical

research. Small amounts of PCB immersion oils are useful in

cancer studies in which fluorescence microscopy is used. 

The technique used in immersion microscopy involves placing

a drop of immersion oil on the coverslip of the slide and

lowering the objective lens of the microscope until it just

touches the oil.

PCB immersion oil has the lowest fluorescence of any

currently available formulation, and this property is

particularly important in fluorescence microscopy where the

immersion oil must not fluoresce and therefore will not

compete with the fluorescence of the specimen under

analysis. There appears to be no other suitable alternate

material with the desirable low auto-fluorescence, low

dispersion, and high refractive index of PCBs.

Scientists in the fields of space, communications, and

defense-related research use .02 cc to 4 liters of PCBs in

certain specialized optical applications including use in

fiber optic connectors. These PCBs are contained in optical

equipment where they exist in a permanent or semi-permanent

state.

It is believed there are no adequate substitutes for PCBs as

optical liquids in space, communications, defense-related
VIII-2

research projects, and other specialized optical uses, such

as the use of PCBs in tunable light receivers. There are

relatively few compounds with as high a refractive index as

PCBs and none that also has the long-term stability.

An example of an optical use of PCBs, where their use is

essential, is the use of PCBs with tunable light receivers

for the analysis of light from a solar telescope. PCBs are

necessary in these light receivers because of their

stability and ability to transmit light better in the blue

and green regions of the spectrum, where starlight is

transmitted, than other potential substitute fluids.

MANUFACTURING, PROCESSING, AND DISTRIBUTION IN COMMERCE

The manufacture, processing, and distribution in commerce of

PCBs for use as a mounting medium, immersion oil in

fluorescence microscopy, and optical liquid are permitted

only for persons who are granted an exemption under TSCA

section 6(e)(3)(B).

USE CONDITIONS

PCBs may be used as a permanent microscopic mounting medium,

an immersion oil in fluorescence microscopy, and an optical

liquid in a manner other than a totally enclosed manner

indefinitely [761.30(k), (n), (o)].

DISPOSAL

All PCB waste resulting from the use of PCBs in

concentrations 50 ppm or greater as a mounting medium,

immersion oil, and/or optical liquid must be disposed of in

accordance with EPA disposal requirements [761.60].

SPILLS

Spills, leaks, and other uncontrolled discharges resulting

in the release of any quantity of PCBs (50 ppm or greater)

is considered improper disposal of PCBs. The PCB Spill

Cleanup Policy provides specific cleanup measures which, if

followed explicitly, create a presumption against

enforcement for penalties or further cleanup. See the

chapter on "PCB Spill Cleanup Policy" for specific measures.
VIII-3
CHAPTER IX

CARBONLESS COPY PAPER

Overview (page IX-1)

Manufacturing (page IX-1)

Processing (page IX-1)

Distribution in Commerce (page IX-1)
IX-1

-CARBONLESS COPY PAPEROVERVIEW

Prior to 1971, some carbonless copy paper was made with ink

containing PCBs. There does not appear to be a way to

distinguish PCB carbonless copy paper from non-PCB

carbonless copy paper except by dates or other indications

on unused inventories. A large portion of the PCB copy

paper that has not been destroyed is probably in files. An

enormous undertaking would be required of both business and

government to purge existing files of PCB carbonless copy

paper. As the amount of PCB on each sheet of paper is

extremely small, EPA has concluded that the continued use of

carbonless copy paper does not present an "unreasonable

risk" and has authorized the continued use of existing PCB

copy paper.

MANUFACTURING

The manufacture of PCBs for use in carbonless copy paper is

prohibited without an EPA exemption [761.20(b)].

PROCESSING

The processing of PCBs for use in carbonless copy paper is

prohibited without an EPA exemption [761.20(c)].

DISTRIBUTION IN COMMERCE

The distribution in commerce of PCBs for use in carbonless

copy paper is prohibited without an EPA exemption

[761.20(c)].
CHAPTER X

EXCLUDED PCB PRODUCTS

Used Oil (page X-2)

Investment Casting Waxes (page X-6)

Electrical Equipment Components (page X-6)

 
X-1

-EXCLUDED PCB PRODUCTSIn the Federal Register of July 10, 1984 (49 FR 28172), EPA

published the "Uncontrolled PCBs" rule. This final rule was

a result of the "EDF v. EPA" lawsuit in which the

Environmental Defense Fund (EDF) challenged EPA's general 50

parts per million (ppm) regulatory cutoff for PCBs. This

challenge was successful and on October 30, 1980, the U.S.

District Court of Appeals found that there was not

substantial evidence to support EPA's original decision to

exclude generally from regulation all materials containing

PCBs at concentrations less than 50 ppm. Consequently, EPA

undertook the regulation of very low concentration PCBs

(less than 50 ppm).

The 1984 "Uncontrolled PCBs" rule among other things,

regulated manufacturing processes generating low

concentration PCBs in other than "closed" and "controlled

waste" processes. On the date the rule became effective,

the Court lifted its stay in the EDF lawsuit, which had the

effect of banning any activity involving any quantifiable 

level of PCBs unless that activity was specifically 

excluded, exempted, or authorized by regulation. The 

practical effect of the Court's action was to make illegal 

many activities which were neither anticipated nor evaluated

during the rule's development and which presented no 

unreasonable risk to health or the environment. 

Consequently, on June 27, 1988 (53 FR 24206), EPA published 

in the Federal Register a set of amendments to the 1984 PCB 

"Uncontrolled Rule." These amendments have excluded the 

majority of low-level PCB activities (less than 50 ppm) from

regulation. In other words, many low-level PCB activities 

which became prohibited with the "Uncontrolled PCBs" rule 

have returned to unregulated status.

The amendments to the 1984 rule include a generic exclusion

for products containing less than 50 ppm PCBs using the new

term "Excluded PCB Products" (761.3). Generally, the

processing, distribution in commerce, and use of "Excluded

PCB Products" is now unregulated. "Excluded PCB Products"

are defined as PCBs which appear at concentrations less than

50 ppm in products including, but not limited to,

inadvertently generated PCBs (see 761.1(f)), PCB

contaminated products (e.g., investment casting waxes), PCB

contaminated recycled fluids and equipment, and used oils,

provided that:
X-2

The products were legally manufactured, processed,

distributed in commerce, or used before October 1,

1984.

The products were legally manufactured, processed,

distributed in commerce, or used pursuant to

authority granted by EPA by regulation, by

exemption, by settlement agreement, or pursuant to

other agency-approved programs.

The resulting PCB concentration (< 50 ppm) is not

a result of any dilution.

NOTE: This rule does not affect land application practices

involving sewage sludge or other nonhazardous solid wastes

which contain PCBs at concentrations less than 50 ppm. 

These activities are regulated under other EPA programs.

EPA adopted the generic exclusion for "Excluded PCB

Products" based upon the Agency's determination that the

use, processing, and distribution in commerce of these

products with less than 50 ppm PCB contamination will not

generally present an unreasonable risk to health or the

environment. However, EPA is aware that some product uses

and processing, particularly the burning and recycling of

used oil, may present unique exposure and risk considerations.

USED OIL - History

Under the PCB "Uncontrolled Rule," there was considerable

confusion regarding the status of used oil containing less

than 50 ppm PCBs. In the earlier 1979 "PCB Ban Rule", used

non-PCB oil (less than 50 ppm) was unregulated except for

its reuse as a dust suppressant, sealant, or coating which

was prohibited at any detectable PCB level. However, with

the overturning of the general 50 ppm regulatory cutoff by

the EDF v. EPA decision, activities (use, processing, or

distribution in commerce) involving less than 50 ppm PCBs

became prohibited on October 1, 1984, unless specifically

authorized, exempted, or excluded by regulation. Prior to

publication of the PCB "Uncontrolled Rule" amendments, EPA

had specifically authorized only three reuses of oil

products with less than 50 ppm PCBs:

The reuse of dielectric fluids (as dielectrics).
X-3

The reuse of hydraulic and heat transfer fluids

(as hydraulic and heat transfer fluids).

The reuse of waste oil as a feedstock by

manufacturers of asphalt roofing materials under

the conditions set out in the definition of

"Recycled PCBs" processes.

Therefore, other activities involving the use, processing,

or distribution in commerce of used oil with any

quantifiable PCB concentration (2 ppm or greater) became

prohibited.

 

USED OIL - Current

The processing, distribution in commerce, and use of lowlevel used oils (2-49 ppm) is generally excluded from

regulation under the definition of "Excluded PCB Products." 

This exclusion does not, however, affect the existing

prohibitions on the use of waste oil containing any

detectable level of PCBs as a dust suppressant, sealant, or

coating. It is important to note that low-level used oil

activities consisting solely of "disposal" are not

prohibited. This "unregulated disposal" status does not

mean that EPA has authorized the indiscriminate dumping or

burning of used oil containing less than 50 ppm PCBs. It

should be stressed that the PCB regulations define

"Disposal" in terms of acts which "complete or terminate the

useful life of PCBs." In this context, the Agency considers

that used oil activities such as recycling for use and/or

burning in a manner that does not destroy or "terminate the

useful life of PCBs" in fact constitutes reuse or processing

of PCBs and consequently became prohibited under the PCB

"Uncontrolled Rule." Used oil (2-49 ppm) could be burned

for energy recovery, but only in combustion units which

accomplish PCB destruction. Burning PCBs, even at low-level

concentrations, in combustion units which do not accomplish

PCB destruction may volatilize the PCBs and potentially

create an additional point source of toxic products such as

polychlorinated dibenzofurans (PCDFs). The burning of used

oil (2-49 ppm) is allowed only if the following marketing,

burning, testing, and recordkeeping requirements are met:

1) MARKETING: Owners and operators of facilities which

process and/or distribute in commerce for energy recovery

used oil containing any detectable level of PCBs are

referred to as "Marketers" of used oil fuels. Used oil
X-4

containing any detectable level of PCBs may be marketed only

to:

qualified incinerators defined in 40 CFR 761.3,

other marketers identified in 40 CFR 279, or

burners identified under 40 CFR 761.20(e)(1)(iii).

2) BURNING: Owners and operators of facilities which burn

used oil containing any detectable level of PCBs are

referred to as "Burners" of used oil fuels. Used oil

containing any detectable level of PCBs may be burned for

energy recovery only in:

an incinerator approved under the provisions of

761.70, or

a high efficiency boiler which complies with the

criteria of 761.60(a)(2)(iii)(A), and for which

the operator (burner) has given written notice to

the EPA Regional Administrator in accordance with

the requirements under 761.60(a)(2)(iii)(B), or

an incinerator approved under Section 3005(c) of

RCRA, or

burners identified in 40 CFR 279.61(a)(1) and (2).

In addition, before a burner accepts from a marketer the

first shipment of used oil fuel containing detectable PCBs

(2-49 ppm), he must provide the marketer a one-time written

and signed notice certifying that:

he has complied with any notification requirements

applicable to "Qualified Incinerators" (761.3) or

to "Burners" regulated under 40 CFR Part 279; and

he will burn the used oil only in a combustion

facility identified in 761.20(e)(1).

3) TESTING: Used oil to be burned for energy recovery is

presumed to contain detectable levels of PCBs unless the

marketer obtains analysis (testing) or other information

documenting that the used oil fuel does not contain

detectable levels of PCBs.

The person who first claims that a used oil fuel
X-5

does not contain detectable PCBs is subject to the

requirement to obtain analysis or other

information to support this claim.

Testing to determine the PCB concentration in used

oil may be conducted on individual samples, or in

accordance with the batch testing procedures

described in 761.60(g)(2).

Other information documenting that used oil fuel

does not contain detectable levels 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 (i.e., <2 ppm).

4) RECORDKEEPING: The following recordkeeping

requirements apply to the testing, marketing, and burning of

used oil fuels.

The marketer who first claims that used oil fuel

contains no detectable PCBs must include copies of

the analysis or other information documenting his

claim among the records required to be kept under

40 CFR 279.72 and 279.74.

Burners must include a copy of each

761.20(e)(3)(ii) certification notice that he

sends to a marketer among the records required to

be kept under 40 CFR 279.65 and 279.66.

A marketer must include a copy of each

certification notice relating to transactions

involving PCB-containing used oil among the

records required to be kept under 40 CFR 279.74

and 279.75.

Q1: My facility regularly accumulates used oil containing lowlevel PCBs. What options do I have for getting rid of these

waste oils?

A1: Some of the options available for waste oils containing lowlevel PCB contamination (less than 50 ppm) include but are

not limited to:

1) Disposal in a "Qualified Incinerator" (761.3).

2) Disposal by an alternative EPA approved and permitted
X-6

method such as "chemical detoxification."

3) Servicing and/or reuse in electrical equipment as a

dielectric fluid (if originally a dielectric fluid).

4) Servicing and/or reuse in heat transfer and hydraulic 

systems (if originally heat transfer and hydraulic

fluid).

Q2: From time to time our facility sells and/or gives away waste

oils we've accumulated to other parties. It is unknown

whether these waste oils contain any PCBs or exactly what

these waste oils are used for. Our facility isn't

responsible for how these waste oils are used or

burned...are we?

A2: First, the waste oils your facility is selling/giving away

must be presumed to contain detectable levels of PCBs unless

the oil is tested or otherwise certified not to contain

detectable PCBs. Also, if the waste oils being sold or

given to other parties are being used in prohibited

activities, your facility is possibly involved in improper

distribution in commerce (marketing) of PCBs. The marketing

of low-level PCB waste oils is a regulated activity and

imposes specific recordkeeping and certification

requirements of the marketer.

Q3: Can a facility burn its own non-PCB (2-49 ppm) waste oils?

A3: Yes, provided the facility uses a high efficiency boiler or

other combustion system that complies with the definition of

"Qualified Incinerators" (761.3). If it is unclear whether

a boiler or incinerator meets the requirements, the facility

should contact their Regional EPA Office and provide

information on their system which EPA will evaluate on a

case-by-case basis.

INVESTMENT CASTING WAXES

EPA examined the facts surrounding past uses of PCBs as a

wax extender, as well as the circumstances of residual low

levels of PCB contamination in the stocks of reclaimed

waxes. EPA determined that the further use, processing, and

distribution in commerce of these waxes will not present an

unreasonable risk to health or the environment. In the 1988

amendments to the PCB "Uncontrolled Rule," investment

casting waxes were included among the class of "Excluded PCB

Products." Activities involving these waxes are now

generally excluded from TSCA regulation provided they
X-7

contain less than 50 ppm PCBs [761.3].

ELECTRICAL EQUIPMENT COMPONENTS

The "Electrical Equipment Rule" (August 25, 1982 47 FR

37342) authorized indefinitely the use of many types of

"Non-PCB" (less than 50 ppm) electrical equipment. These

authorizations include: transformers, voltage regulators,

capacitors, electromagnets, switches, circuit breakers,

reclosers, and cable. For each of these categories, the

"Electrical Equipment Rule" authorized use at the less than

50 ppm level without any corresponding use conditions

restricting that use. In other words, as long as no fluids

50 ppm or greater PCBs are introduced into such equipment,

there are no restrictions on the servicing of this

equipment, including its rebuilding. Also, intact "Non-PCB"

electrical equipment is free from any requirement to obtain

exemptions from the processing and distribution in commerce

bans under TSCA. Thus, this equipment is essentially free

from TSCA regulation.

Since the promulgation in 1979 of the PCB ban rule, drained,

obsolete transformers (formerly containing less than 50 ppm

PCBs) may be disposed of as salvage. Although described as

a form of unregulated disposal, a qualification on

permissible salvage operations is that they must bring about

the termination of the useful life of PCBs and PCB Items. 

So, salvaging which accomplishes metals recovery through the

smelting of transformer components qualifies as "disposal"

under TSCA if the PCBs are eliminated by the smelting

process. 

EPA has determined that recycling activities involving

equipment components with PCB concentrations less than 50

ppm do not present any significantly greater risks than

other activities connected with the unrestricted use and

servicing of "Non-PCB" electrical equipment.

Based upon this evaluation, EPA included "Non-PCB" equipment

components (when generated by authorized rebuilding or

salvaging) within the exclusion for "Excluded PCB Products." 

These components may now be freely incorporated into other

electrical equipment, or distributed in commerce for the

purpose of reuse in electrical equipment provided the

components comply with the definition of "Excluded PCB

Products."
X-8

To summarize:

Electrical equipment with PCB contamination less

than 50 ppm may be dismantled (processed) and the

components reused in repair and rebuilding

activities provided the components comply with the

definition of "Excluded PCB Products" (761.3).

Electrical equipment with PCB contamination less

than 50 ppm may also be sold (distributed in

commerce) to be dismantled (processed) for reuse

in repair and rebuilding activities provided the

components comply with the definition of "Excluded

PCB Products" (761.3).

Drained electrical equipment with PCB

contamination less than 500 ppm may be scrapped or

salvaged for metals recovery as a method of

unregulated disposal provided that: (1) these

practices do not result in spills or uncontrolled

discharges of PCBs, and (2) these practices must

bring about the termination of the useful life of

PCBs or PCB Items.

Drained electrical equipment with PCB

contamination 50-499 ppm (known or assumed) may

not be dismantled (processed) for the purpose of

reusing the equipment components to repair or

rebuild other electrical equipment.

Drained electrical equipment with PCB

contamination 50-499 ppm (known or assumed) may

not be sold or traded (distributed in commerce)

for the purpose of reusing the equipment

components to repair or rebuild other electrical

equipment.
CHAPTER XI

RECYCLED PCBS

AND EXCLUDED

MANUFACTURING PROCESSES

Recycled PCBs (page XI-1)

Excluded Manufacturing Processes (page XI-2)
XI-1

-RECYCLED PCBs AND EXCLUDED MANUFACTURING PROCESSESThe 1984 PCB "Uncontrolled Rule" allowed the manufacture,

processing, distribution in commerce, and use of certain

PCBs (less than 50 ppm) under the definitions of "Recycled

PCBs" and "Excluded Manufacturing Processes."

RECYCLED PCBs

EPA has concluded that excluding low-level PCB materials

involved in certain recycling processes would not present an

unreasonable risk to health or the environment. EPA

included within the definition of "recycled PCBs" two

industries: 1) paper and pulp manufacturers, and 2)

manufacturers of asphalt roofing materials. Processes which

recycle PCBs in paper products and asphalt roofing materials

must meet the following requirements:

There are no detectable concentrations of PCBs in

asphalt roofing material products leaving the

processing site.

The concentration of PCBs in paper products

leaving any manufacturing site processing paper

products, or in paper products imported into the

United States, have an annual average of less than

25 ppm, and not exceeding a 50 ppm maximum at any

given time.

The release of PCBs at the point at which

emissions are vented to ambient air must be less

than 10 ppm.

The amount of Aroclor PCBs added to water

discharged from an asphalt roofing processing site

must at all times be less than 3 micrograms per

liter (μg/L) for total Aroclors (roughly 3 parts

per billion). Water discharges from the

processing of paper products must at all times be

less than 3 micrograms per liter (μg/L) for total

Aroclors (roughly 3 ppb), or comply with the

equivalent mass-based limitation.

Q1: Does the 3 parts per billion (ppb) discharge limit for pulp

and paper mills apply only to direct discharges?
XI-2

A1: Yes, the discharge limit for pulp and paper mills applies

only to direct discharges. It does not apply to paper mills

that discharge into publicly owned treatment works (POTWs).

Disposal of any other process wastes at

concentrations of 50 ppm or greater must be in

accordance with 761.60.

EXCLUDED MANUFACTURING PROCESSES

The 1984 PCB "Uncontrolled Rule" also amended the PCB

regulations by replacing the definitions of "Closed

Manufacturing Process" and "Controlled Waste Manufacturing

Process" with a generic exclusion now defined as "Excluded

Manufacturing Processes." This established limits for PCB

releases in products, air emissions, water effluents, and

wastes. In sum, EPA has prescribed a generic exclusion to

manufacture, process, distribute in commerce, and use

inadvertently generated PCBs in accordance with the

definition of "Excluded Manufacturing Process" provided

that:

PCBs in products leaving the manufacturing site

are limited to an annual average of less than 25

ppm, and not exceeding a 50 ppm maximum at any

given time.

Where the product is detergent bars, PCB

concentrations in the product are limited to less

than 5 ppm.

PCBs added to water discharges from the

manufacturing site are limited to less than 100

micrograms per resolvable gas chromatographic peak

per liter of water discharged.

Releases of PCBs in air emissions are limited to

less than 10 ppm at the point where emissions are

vented.

Disposal of any other process wastes at

concentrations of 50 ppm or greater must be in

accordance with 761.60.
XI-3
CHAPTER XII

PCB STORAGE REQUIREMENTS

PCB Storage For Disposal Facilities (page XII-3)

Storage Options (page XII-5)

Marking/Labeling (page XII-6)

Handling Equipment (page XII-6)

Inspections (page XII-7)

Storage Containers (page XII-7)

Storage Management (page XII-9)
XII-1

-PCB STORAGE REQUIREMENTSStorage of PCBs became regulated in 1979 with the

promulgation of the "PCB Ban Rule." Since those earliest

PCB regulations, the storage requirements for PCBs have

remained virtually unchanged but for a very few amendments

found in the 1982 "Electrical Equipment Rule." However, the

improper storage of PCBs remains one of the most frequent

areas of non-compliance based upon EPA inspection reports

from regional EPA offices.

Complying with the storage requirements for PCBs involves:

Establishing a proper storage facility for PCBs.

Utilizing proper containers for PCB storage.

Managing PCB storage in accordance with marking,

recordkeeping, and inspection requirements.

Understanding which PCBs and PCB Items require

storage and the various storage options which are

available.

Removal from storage and disposal of PCBs and PCB

Items within the 1-year disposal time limitation.

PCB storage requirements apply to those PCBs and PCB Items

with PCB concentrations of 50 ppm or greater (or PCBs less

than 50 ppm as a result of dilution from 50 ppm or greater

material) including those PCBs and PCB Items which EPA

requires to be assumed to be 50 ppm or greater. Generally,

PCB storage requirements apply to PCBs and PCB Items which

have been removed from service and designated for disposal. 

However, PCB storage requirements also apply to any PCB

liquids (50 ppm or greater) in PCB Containers which are

being stored for authorized servicing of electrical

equipment. PCB and PCB-Contaminated Electrical Equipment

being stored for reuse (stock) is considered by the Agency

to be "in-service" and does not require storage in a PCB

storage facility.

The new Notification and Manifesting Rule adopts an approval

process for commercial PCB waste storers. The term

"commercial storer" is defined broadly to mean any facility

that stores PCB wastes generated by others, or that brokers

waste generated during electrical equipment servicing. 
XII-2

 

The rule allowed commercial storers a 180-day period of

interim approval (from February 5, 1990 to August 2, 1990),

within which they must have applied for approvals from their

EPA Regional Administrators (or from the Director, CMD/OPPT

for approval of commercial storage areas at disposal

facilities approved by Headquarters). 

The issuance of a final storage approval will follow a

review of the environmental compliance history of the

company and its principals and key employees. The Regional

Administrator must be satisfied that the applicant is

qualified to engage in the commercial storage business. 

Also, applicants will be required to submit acceptable

closure plans and demonstrate their financial responsibility

for closure. The requirement to demonstrate one's financial

responsibility can generally be satisfied by one or more of

the financial assurance mechanisms described in current RCRA

regulations for hazardous waste facilities. Finally,

applicants will be required to certify their compliance with

the TSCA storage facility standards, and to estimate the

maximum quantities of PCB waste that will be handled at the

facility. 

Q1: Is electrical equipment being stored for "repair" considered

"in use" or "removed from service" by EPA?

A1: In the opening paragraph to the "Storage and Disposal"

subpart of the PCB regulations (761.60), it is indicated

that the regulations do not require "...removal of PCBs and

PCB Items from service earlier than would normally be the

case." It is very important to understand that the term

"removed from service," when used in the regulations,

specifically means that PCBs and PCB Items have been

designated for disposal to terminate or end the useful life

which they were originally designed for. In fact, it is the

policy of the agency that once a PCB Item has been "removed

from service" for disposal, it cannot be placed back "in

service" for continued use including repairing the item for

further use.

There has been considerable misunderstanding of the term

"removed from service" by those in the regulated community,

especially electric utilities that for years have considered

electrical equipment being "changed out" and brought in from

their system to be repaired, serviced, or placed back into

stock for reuse as being "removed from service." This is

not what EPA means when the regulations refer to PCB Items
XII-3

being "removed from service." To the contrary, EPA

considers electrical equipment being stored for repair

and/or reuse to be just as "in use" as those on-line units

being actively used within the electric system.

On the other hand, questions have been raised about the

continued legality of storing nonfunctional electrical

equipment indefinitely for repair when the owner or user of

the equipment has no intention of actually repairing the

equipment or does not complete repairs within a reasonable

amount of time. Such indefinite storage of equipment which

may ultimately be disposed of thwarts the intent of the 1-

year restriction on storage for disposal. EPA promulgated

the storage for disposal requirements in the 1978 "Marking

and Disposal" Rule due to the concern that long-term storage

could lead to deterioration of PCB Containers and PCB

Articles and result in the release of PCBs. Consequently,

the agency may enforce against lengthy "storage for reuse"

of equipment which is not reasonably expected to be placed

back into service.

PCB STORAGE FOR DISPOSAL FACILITIES

Establishing a PCB storage facility which meets the criteria

listed under 761.65(b) does not necessarily require

tremendous expense, space, or technical engineering. In

fact, many facilities which store small quantities of PCBs

and PCB Items are able to set up a designated PCB storage

area involving minimal space and expense but which complies

with all regulatory requirements. On the other hand, some

facilities have need of larger, more elaborate PCB storage

facilities to meet the greater volume of PCBs and PCB Items

being processed and stored for disposal. In either case,

owners or operators of facilities used for the storage of

PCBs and PCB Items shall comply with the following

requirements:

The facility shall have adequate roof and walls to

prevent rainwater from reaching the stored PCBs

and PCB Items [761.65(b)(1)(i)].

The facility shall have an adequate floor which

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 stored therein or 25 percent of the
XII-4

total internal volume of all PCB Articles or PCB

Containers stored therein, whichever is greater

[761.65(b)(1)(ii)].

The facility shall have no drain valves, floor

drains, expansion joints, sewer lines, or other

openings that would permit liquids to flow from

the curbed area [761.65(b)(1)(iii)].

The facility shall have floors and curbing

constructed of continuous smooth and impervious

materials, such as portland cement concrete or

steel, to prevent or minimize penetration of PCBs

[761.65(b)(1)(iv)].

The facility shall not be located at a site that

is below the 100-year flood water elevation

[761.65(b)(1)(v)].

Q2: Can PCBs be stored for disposal without having to set up a

"PCB storage facility"?

A2: The regulations include optional storage methods for PCBs

such as "30-day temporary storage" by a generator and

"pallet storage." (See Storage Options.) However, in all

cases where PCBs 50 ppm or greater (known or assumed) are

stored for disposal for more than 30 days, a PCB storage

facility is necessary. Liquid PCBs 500 ppm or above may not

be stored temporarily.

Q3: Does a facility have to construct a special building

specifically for PCB storage or can a portion of an existing

building be used to properly store PCBs?

A3: EPA does not require the construction of a separate building

for proper storage of PCBs and PCB Items. It is allowable

to use an existing structure to act as a PCB storage

facility provided all of the criteria of 761.65(b) are met. 

Also, the use of an entire building (whether new or

existing) solely for the storage of PCBs is not specifically

required. A designated area within the building reserved for

PCB storage is permissible; however, in those instances

where only a portion of a building is being used as a

PCB storage facility, that area should be clearly marked

and segregated from other activities within the structure.

Q4: Do owners and users of PCBs have to pour expensive concrete

floors and curbing to meet the criteria for a PCB storage
XII-5

facility, or are other less expensive options available?

A4: The PCB regulations specifically mention "adequate floors"

and "continuous curbing" in the requirements for PCB storage

facilities. However, EPA has generally allowed flexibility

in this area such as the use of a stock tank or metal box to

meet the "berming" criteria requirement for a proper PCB

storage facility. These optional "berms" must be

constructed of smooth impervious materials and must meet the

minimum 6-inch height and volume requirements under

761.65(b)(1)(ii). Also, a stock tank or metal box must not

have any drains, seams, or other openings that would permit

liquids to flow from the containment area. 

STORAGE OPTIONS

As mentioned earlier, the regulations outline two options

for storing PCBs in areas other than a "PCB storage

facility." These two storage options are often referred to

as "30-day temporary storage" and "pallet storage."

"Thirty-day temporary storage" [761.65(c)(1)] allows the

generator to store certain PCB Items in an area that does

not comply with the requirements for a PCB storage facility

for up to 30 days from the date of their removal from

service for disposal provided that a notation is attached to

the PCB Item or PCB Container indicating the date the item

was removed from service for disposal. PCB Items which can

be stored under this 30-day temporary storage option

include:

Nonleaking PCB Articles and PCB Equipment

[761.65(c)(1)(i)].

Leaking PCB Articles and PCB Equipment if the PCB

Items are placed in a nonleaking PCB Container

that contains sufficient sorbent materials to

absorb any liquid PCBs remaining in the PCB Items

[761.65(c)(1)(ii)].

PCB Containers containing nonliquid PCBs such as

contaminated soil, rags, and debris [761.65(c)(1)

(iii)].

PCB Containers containing liquid PCBs at a

concentration between 50 and 500 ppm, provided a
XII-6

Spill Prevention, Control, and Countermeasure Plan

has been prepared for the temporary storage area

in accordance with 40 CFR 112. In addition, each

container must bear a notation that indicates that

the liquids in the drum do not exceed 500 ppm PCB

[761.65(c)(1)(iv)].

Another storage option outlined in the PCB regulations is

often referred to as "pallet storage." Pallet storage

allows certain PCB Items to be stored temporarily on pallets

next to a PCB storage facility that meets the requirements

of 761.65(b)(1). However, pallet storage is permitted only

when the PCB storage facility has immediately available

unfilled storage space equal to 10 percent of the volume of

the PCB Items being stored on pallets next to the facility

[761.65(c)(2)]. PCB Items which can be stored under this

"pallet storage" option include:

Nonleaking and structurally undamaged PCB large,

high-voltage capacitors, and

PCB-Contaminated Electrical Equipment (known or

assumed 50-500 ppm) that have not been drained of

free-flowing dielectric fluid [761.65(c)(2)].

These PCB Items must be checked weekly when stored outside

the facility and leaking PCB Items must be placed inside the

storage area.

Q5: Is the 30-day temporary storage option available for

commercial storage and disposal facilities?

A5: No. Temporary storage applies only to generators of PCB

waste items since they are the only ones who have access to

the PCB Items immediately after their removal from service

for disposal.

Q6: Does temporary storage provide generators of PCB waste with

an additional 30 days to the 1-year storage and disposal

time limitation?

A6: No. Thirty-day temporary storage is included in the total

1-year storage and disposal time limitation.

Q7: Is pallet storage allowed for a facility that doesn't have a

PCB storage facility?

A7: No. Pallet storage is only allowed when located next to a
XII-7

PCB storage facility that meets the requirements of

761.65(b)(1).

Q8: Does pallet storage have to be indoors?

A8: No, provided that the PCB Capacitors and/or PCB-Contaminated

Electrical Equipment being stored for disposal are on

pallets located adjacent to the building which houses the

PCB storage facility.

MARKING/LABELING

All PCB storage areas including the "PCB storage facility"

as well as "30-day temporary storage" and "pallet storage"

areas must be marked/labeled in accordance with the EPA

marking requirement at 761.40(a)(10).

HANDLING EQUIPMENT

Any movable equipment that is used for handling PCBs and PCB

Items in the PCB storage facility, and that comes in direct

contact with PCBs, shall not be removed from the storage

facility area unless it has been decontaminated by swabbing

the surfaces that have contacted PCBs with a solvent that

meets the criteria of 761.79(a). The solvent may be reused

for decontamination until it contains 50 ppm PCBs. The

solvent and any nonliquid PCBs that result from the

decontamination must then be disposed of in accordance with

761.60(a) and 761.60(a)(4) respectively.

INSPECTIONS

All PCB Articles and PCB Containers in the PCB storage

facility must be inspected for leaks at least once every 30

days. Any leaking PCB Articles and PCB Containers and their

contents shall be transferred immediately to properly marked

nonleaking containers. Any spilled or leaked materials

shall be immediately cleaned up, using sorbents and/or other

adequate means, and the PCB-Contaminated materials and

residues shall be disposed of in accordance with PCB

disposal requirements [761.65(c)(5)].

Any PCB Capacitors and PCB-Contaminated Electrical Equipment

stored adjacent to the PCB storage facility on pallets must

be inspected for leaks weekly [761.65(c)(2)].
XII-8

STORAGE CONTAINERS

Containers used for the storage of PCBs (known or assumed 50

ppm or greater) shall comply with the shipping container

specifications of the Department of Transportation (DOT).

Containers approved under TSCA at 761.65(c)(6) for the

storage of liquid PCBs include:

DOT-5 steel drum without removable head

DOT-5B steel drum without removable head

DOT-6D overpack with DOT-2S or DOT-2SL molded

polyethylene containers

DOT-17E single trip steel drum without removable

head

Containers approved for the storage of nonliquid PCBs

include:

DOT-5 steel drum without removable head

DOT-5B steel drum without removable head

DOT-17C single trip steel drum with removable head

As an alternate, containers larger than those specified in

DOT specifications 5, 5B, or 17C may be used for nonliquid

PCBs if the containers are designed and constructed in a

manner that will provide as much protection against leaking

and exposure to the environment as the DOT specification

containers, and are of the same relative strength and

durability as the DOT specification containers

[761.65(c)(6)]. 

Storage containers for liquid PCBs can be larger than the

containers listed above (i.e., bulk storage tanks) provided

that:

The containers are designed, constructed, and

operated in compliance with Occupational Safety

and Health Standards [29 CFR 1910.106] for

flammable and combustible liquids

[761.65(c)(7)(i)].
XII-9

Before using these containers/bulk tanks 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 [761.65(c)(7)(i)].

Owners or operators of any facility using these

containers/bulk tanks shall prepare and implement

a Spill Prevention Control and Countermeasure

(SPCC) Plan [761.65(c)(7)(ii)].

Q9: Can I use a storage container for PCB waste other than those

specifically referenced in 761.65(c)(6)?

A9: Yes. The PCB regulations, as currently written, essentially

require the use of the "cadillac" of 55-gallon drums for PCB

containment, shipment, and storage. The design

specifications and engineering criteria used in the

manufacture of these drums are, in DOT's opinion, not really

necessary, given the physical and chemical properties of

PCBs. Therefore, EPA will defer to the expertise of DOT as

far as testing drums is concerned, and would allow the use

of an alternate drum if it has been demonstrated to DOT's

satisfaction that the alternate container will protect

against leaking and exposure to the environment of PCBs.

Q10: The regulations define a PCB Transformer as containing 500

ppm or greater PCBs. However, there is no specific PCB

level mentioned under the definition of a "PCB Container." 

Has EPA established a regulatory PCB level for PCB

Containers in relation to marking/labeling, storage, and

recordkeeping?

A10: Yes. The term "PCB Container" as found under the marking,

storage, disposal, and recordkeeping sections of the TSCA

regulations, specifically applies to drums, bulk tanks, and

other containers (defined under 761.3) containing PCBs in

concentrations of 50 ppm or greater. This 50 ppm regulatory

level applies to "PCB Article Containers" as well.

Prior to disposal, an undrained PCB Container with PCB

concentrations at 50 ppm or greater shall be stored in a PCB

storage facility. Unless decontaminated, a PCB Container

containing PCBs in concentrations of 50 ppm or greater shall

be disposed of in accordance with 761.60(c). For a PCB

Container to be decontaminated, it must be flushed three

times with a solvent containing less than 50 ppm PCBs. The

solubility of PCBs in the solvent must be 5 percent or more
XII-10

by weight. Each rinse shall use a volume of normal diluent

equal to approximately 10 percent of the PCB Container

capacity. The solvent may be reused for decontamination

until it contains 50 ppm PCB [761.79(a)]. The solvent shall

then be disposed of as liquid PCBs in accordance with

761.60(a). Nonliquid PCBs resulting from decontamination

procedures shall also be disposed of in accordance with

761.60(a)(4).

STORAGE MANAGEMENT

PCB storage management goes beyond simply setting up a PCB

storage area and using proper DOT drums. To effectively

store PCBs and PCB Items in accordance with federal PCB

regulations, a facility must also develop and maintain

appropriate storage practices and storage records.

PCB storage must be managed so that PCB Articles and PCB

Containers can be located by the date they entered storage. 

To accomplish this, all PCB Articles and PCB Containers must

be dated on the article or container when they are placed in

the "PCB Storage Facility" [761.65(c)(8)]. Attaching dates

to PCB Articles and PCB Containers applies to "30-day

temporary storage" and "pallet storage" as well.

Owners or operators of facilities which store PCBs and PCB

Items must establish and maintain records on the storage and

disposition of PCBs in accordance with 761.180(b). (See 

chapter XV, on "Recordkeeping and Reporting," for a detailed

discussion of PCB storage records.) For PCB Containers,

these records should include: container contents, PCB

concentration (ppm), the container's total volume, unique

identification number, date placed in transport for

disposal, and date disposed of, if known. These records

will form the basis of a required "Annual Records" to be

prepared by the facility, and therefore the information

should be carefully logged and maintained for future need.

If a facility is utilizing "bulk" storage of PCBs in

containers/bulk tanks larger than 55-gallon DOT drums, the

facility must also maintain records for each batch of PCBs

added to the containers. These records must include the

quantity of the batch and the date the batch was added to

the container. The records shall also include the date,

quantity, and disposition of any batch of PCBs removed from

the container [761.65(c)(8)].

Finally, PCB storage must be managed so that PCB Articles
XII-11

and PCB Containers stored for disposal are removed from

storage and disposed of within 1 year from the date the

articles were removed from service for disposal or the first

batch of PCBs was placed in the container for storage for

disposal.

Q11: The regulations indicate that PCBs must be disposed of

within 1 year. How long can PCBs be stored for disposal

prior to shipment to the final disposal site?

A11: The PCB regulations require the disposal of PCBs within the

1-year disposal deadline. EPA has adopted a written policy

(TSCA Compliance Program Policy No. 6-PCB-6) which provides

that a generator delivering PCB waste to a disposal facility

later than 90 days before the end of 1-year disposal

deadline will be held liable if the disposal facility cannot

dispose of the waste in time. If the generator delivers the

waste with 90 days or more remaining in the 1-year deadline,

the disposer is responsible for disposing of the material

before the deadline. The disposer will share in any

liability if he does not dispose of PCB waste within 90 days

from the date it is received at the disposal facility. In

sum, the generator has 9 months of the 1-year disposal

timeframe to store PCBs and transport those PCBs to the

final disposition site.

Q12: As a generator of PCB waste, our facility regularly

contracts a disposal "broker" to pick up and transport our

PCB waste to a PCB disposal site. Normally, these "brokers"

will transport our PCB waste to their facility for storage

and consolidation with PCB waste from other generators. How

long can our PCB waste be stored by a broker?

A12: A disposal "broker" is merely an extension of the generator

in terms of the 1-year disposal deadline. That is, the

generator remains liable if the disposal "broker" fails to

deliver the PCB waste to the disposal site in time for the

waste to be disposed of within the 1-year deadline. In sum,

EPA places the responsibility for delivering PCB waste to a

disposal facility at least 90 days before the 1-year

deadline on the generator of the waste and does not allow

additional time for PCB waste to be processed and/or stored

by disposal brokers or commercial storage facilities. 
XII-12

CHAPTER XIII

PCB DISPOSAL REQUIREMENTS

PCB Liquids with Concentrations of 500 ppm or Greater 

(page XIII-1)

Mineral Oil Dielectric Fluid and Other Liquids (50-499 ppm PCB)

(page XIII-1)

Nonliquid PCBs (50 ppm or Greater) (page XIII-2)

PCB Transformers (500 ppm or Greater PCB) (page XIII-2)

PCB Capacitors (page XIII-2)

Large, High- or Low-Voltage PCB Capacitors (page XIII-3)

Small PCB Capacitors (page XIII-3)

PCB-Contaminated Electrical Equipment (50-499 ppm PCB) 

(page XIII-3)

PCB Containers (page XIII-3)

PCB Hydraulic Machines (page XIII-4)

Other PCB Articles (page XIII-4)

Dredged Materials and Municipal Sewage Treatment Sludge

(page XIII-4)

Spills (page XIII-5) 

Alternative Disposal Methods (page XIII-5)
XIII-1

- PCB DISPOSAL REQUIREMENTS -

Disposal of PCBs became regulated in 1978 with the

promulgation of the "PCB Marking and Disposal" Rule. In

this final Rule, EPA prescribed various disposal

requirements for PCBs and PCB Items, and also established

the 500 parts per million (ppm) regulatory cutoff for the

disposal of PCBs. In the "PCB Ban Rule" published in the

Federal Register on May 31, 1979 (44 FR 31514), the

regulatory cutoff for PCBs was changed from 500 to 50 ppm. 

In that same Federal Register, EPA published its "antidilution" provision [40 CFR 761.1(b)] which effect the

disposal of PCBs. The provision states: "No provision

specifying a PCB concentration may be avoided as a result of

any dilution, unless otherwise specifically provided". 

Thus, in general, materials are required to be disposed of

according to their original concentration. 

PCB LIQUIDS WITH CONCENTRATIONS OF 500 PPM OR GREATER

All PCB liquids and industrial sludges with PCB

concentrations of 500 ppm or greater must be disposed of in

a TSCA incinerator that complies with 761.70 [761.60(a)(1)]

or by an alternate method permitted under 761.60(e).

MINERAL OIL DIELECTRIC FLUID AND OTHER LIQUIDS (50-499 ppm

PCB) - 761.60(a)(2) and (3)

Mineral oil dielectric fluid from PCB-contaminated

electrical equipment containing a PCB concentration of 50-

499 ppm (known or assumed) and liquids other than mineral

oil dielectric fluid containing a PCB concentration of 50-

499 ppm, must be disposed of in one of the following:

In a TSCA incinerator that complies with 761.70.

In a chemical waste landfill that complies with

761.75 if information is provided to the owner or

operator of the chemical waste landfill that shows

that the mineral oil dielectric fluid does not

exceed 500 ppm PCB and is not an ignitable waste

as described in 761.75(b)(8)(iii). (NOTE: After

July 8, 1987 land disposal of liquid hazardous

wastes containing 50 ppm or greater PCB is

prohibited under the Land Disposal Reduction
XIII-2

Program of RCRA, unless an exemption is granted.)

In a high efficiency boiler that complies with

761.60(a)(2)(iii)(A).

By an alternative EPA approved method that

complies with 761.60(e), such as chemical

detoxification, biological treatment, and physical

separation.

NONLIQUID PCBs (50 ppm OR GREATER) - 761.60(a)(4)

Nonliquid PCBs at concentrations of 50 ppm or greater in the

form of contaminated soil, rags, or other debris must be

disposed of in one of the following:

In an incinerator that complies with 761.70.

In a chemical waste landfill that complies with

761.75. (NOTE: Except as provided in

761.75(b)(8)(ii), liquid PCBs shall not be

processed into nonliquid forms to circumvent the

high temperature incineration requirements of

761.60(a).

. By an alternate method permitted under 761.60(e).

PCB TRANSFORMERS (500 ppm OR GREATER PCB) - 761.60(b)(1)

PCB Transformers with PCB concentrations 500 ppm or greater

must be disposed of in accordance with either of the

following:

In an incinerator that complies with 761.70.

In a chemical waste landfill that complies with

761.75 provided that the transformer is first

drained of all free-flowing liquid, filled with

solvent, allowed to stand for at least 18 hours,

and then drained thoroughly. PCB liquids and

solvents that are removed shall be incinerated in

accordance with 761.60(a). Solvents may include

kerosene, xylene, toluene, and other solvents in

which PCBs are readily soluble (5% or more).

. By an alternate method permitted under 761.60(e).
XIII-3

PCB CAPACITORS - 761.60(b)(2)

The disposal of any capacitor shall comply with the

following requirements unless it is known from label or

nameplate information, manufacturer's literature, or

chemical analysis (test results) that the capacitor does not

contain PCBs. 

LARGE, HIGH- OR LOW-VOLTAGE PCB CAPACITORS - 

761.60(b)(2)(iii)

Any large, high- or low-voltage capacitor which contains 500

ppm or greater PCBs must be disposed of in an incinerator

that complies with 761.70 or through an alternate method

permitted under 761.60(e).

SMALL PCB CAPACITORS - 761.60(b)(2)(ii)

Intact, nonleaking PCB small capacitors may be disposed of

as municipal solid waste except that manufacturers who at

any time manufactured PCB small capacitors or equipment

containing a PCB small capacitor must dispose of PCB small

capacitors in an incinerator that complies with 761.70. 

Small capacitors that are not intact or are leaking must be

incinerated. EPA recommends that disposers of large

quantities of small PCB capacitors dispose of them in a

TSCA-approved incinerator. Readers are advised to check

with their Regional PCB Coordinator to determine the

specific regional policy on disposal of small capacitors.

PCB-CONTAMINATED ELECTRICAL EQUIPMENT (50-499 ppm PCB) -

761.60(b)(4)

PCB-contaminated electrical equipment, except capacitors,

with PCB contamination 50-499 ppm shall be disposed of by

draining all free-flowing liquid from the electrical

equipment and disposing of the liquid in accordance with

761.60(a)(2) or (3). The disposal of the drained carcass is

not regulated.

Capacitors that contain 50-499 ppm PCBs must be disposed of

in an incinerator that complies with 761.70 or in a chemical

waste landfill that complies with 761.75.
XIII-4

PCB CONTAINERS - 761.60(c)

Unless decontaminated in accordance with 761.79, PCB

Containers with PCB concentrations of 500 ppm or greater

must be disposed of in one of the following:

In an incinerator that complies with 761.70.

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

761.60(a)(2) or (3).

PCB Containers that used to contain PCB concentrations less

than 500 ppm may be disposed of as municipal solid wastes,

provided that the container is drained of any liquid PCBs

and any liquid PCBs in concentrations 50 ppm or greater are

disposed of in accordance with 761.60(a)(2) or (3). The

container must also be emptied of any PCB solids 50 ppm or

greater, and the solids disposed of in accordance with

761.60(a)(4).

PCB HYDRAULIC MACHINES - 761.60(b)(3)

PCB hydraulic machines containing PCBs at concentrations of

50 ppm or greater such as die casting machines may be

disposed of as municipal solid waste or salvage provided

that the machines are drained of all free-flowing liquid and

the liquid is disposed of in accordance with 761.60(a)(2) or

(3). If the PCB liquid contains 1000 ppm or greater, then

the hydraulic machine must be flushed prior to disposal with

a solvent containing less than 50 ppm PCB and the solvent

disposed of in accordance with 761.60(a).

OTHER PCB ARTICLES - 761.60(b)(5)

Other PCB Articles with PCB concentrations at 500 ppm or

greater must be disposed of in one of the following:

In an incinerator that complies with 761.70.

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
XIII-5

waste landfill and that the drained liquids are

disposed of in an incinerator that complies with

761.70.

Other PCB Articles with PCB concentrations at 50-499 ppm

must be disposed of by draining all free-flowing liquid from

the article and disposing of the liquid in accordance with

761.60(a)(2) or (3). The disposal of the drained article is

not regulated.

DREDGED MATERIALS AND MUNICIPAL SEWAGE TREATMENT SLUDGE

All dredged materials and municipal sewage treatment sludge

with PCB concentrations of 50 ppm or greater must be

disposed of in an approved incinerator or in an approved

chemical waste landfill, or by an approved alternative

method.

SPILLS

Spills are included within the definition of "Disposal" at

761.3. Spills of PCBs at 50 ppm or greater are illegal

disposal. PCBs that result from the cleanup of spills must

be stored for disposal and disposed of according to the

applicable regulations [761.60(d)(1) and (2)].

ALTERNATIVE DISPOSAL METHODS - 761.60(e)

Any person who is required to incinerate any PCBs and PCB

Items as discussed in this chapter, 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 761.70 incinerators or high

efficiency boilers as provided in 761.60(a)(2) and (3), may

submit a written request to either the Regional

Administrator or the Director of the Chemical Management

Division (CMD) for an exemption from the incineration

requirements of 761.70 or 761.60. Requests for approval of

alternate methods that will be operated in more than one

region must be submitted to the Director of CMD except for

research and development involving less than 500 pounds of

PCB material. Requests for approval of alternate methods

that will be operated in only one region must be submitted

to the appropriate Regional Administrator. The applicant

must show that his method of destroying PCBs will not

present an unreasonable risk of injury to health or the
XIII-6

environment. On the basis of such information and any

available information, the Regional Administrator or the

Director of CMD may, in his discretion, approve the use of

the alternate method if he finds that the alternate disposal

method provides PCB destruction equivalent to disposal in a

761.70 incinerator or a 761.60 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 contain such conditions and provisions as the Regional

Administrator or the Director of CMD deems appropriate. The

person to whom such waiver is issued must comply with all

limitations contained in such determination.

Guidance documents for submitting alternate disposal method 

applications are available from the Operations Branch (7404)

at EPA Headquarters in Washington, D.C.
XIII-7

CHAPTER XIV

PCB SPILL CLEANUP POLICY

Scope of the Policy (page XIV-3)

Key Definitions (page XIV-5)

PCB Spill Reporting Requirements (page XIV-8)

Determination of Spill Boundaries (page XIV-9)

Cleanup, Recordkeeping, and Testing Requirements (page XIV-9)

Small, Low-Concentration Spills (page XIV-9)

Large, Low-Concentration Spills and High-Concentration Spills 

 (page XIV-12)

Excluded Spills (page XIV-16)
XIV-1

- PCB SPILL CLEANUP POLICY -

EPA promulgated regulations on the disposal of PCBs in the

Federal Register on February 17, 1978 and May 31, 1979. 

These early PCB regulations broadly defined the term

"disposal" to include accidental as well as intentional

releases of PCBs into the environment. Under these

regulations, EPA considers intentional, as well as

unintentional, spills, leaks, and other uncontrolled

discharges of PCBs at concentrations of 50 parts per million

or greater to be "improper disposal" of PCBs. When PCBs are

improperly disposed of as a result of a spill of a material

containing 50 ppm or greater PCBs, EPA has the authority to

compel persons to take actions to rectify damage and/or

cleanup contamination resulting from the spill.

For many years now, EPA standards for the cleanup of spilled

PCBs have been established at the EPA Regional Office level. 

Each region established PCB spill cleanup standards in the

form of general guidelines and then applied the general

guidelines on a case-by-case basis for specific spill

situations. Owners of spilled PCBs were required to meet

these standards or face potential penalties for improper

disposal of PCBs.

In establishing PCB spill cleanup standards on a regional

basis, EPA has experienced inconsistency in the general

guidelines and their application to spills from region to

region. For certain spill situations, EPA Regional Offices

have required cleanup only to 50 ppm PCBs. In other spill

situations, regions have required cleanup to preexisting

background levels, or to the limit of detection of PCBs. 

Most recently, EPA Regional Offices have applied the "lowest

practicable level" guidelines set up in the January 27,

1984, decision on "General Electric v. U.S.E.P.A." However,

the agency has experienced several areas of difficulty in

applying the "lowest practicable level" approach to all PCB

spills. First, the guideline is subject to, and has

resulted in, disparate interpretations. Second, the term

"lowest practicable level" cannot be easily applied by the

regulated community without guidance from EPA, potentially

resulting in delays in cleanup and prolonged exposures to

humans and more widespread environmental contamination. 

Finally, the owner of PCBs may disagree with the EPA

Regional Office's interpretation of the "lowest practicable

level" standard. This may occur when the EPA Regional

Office interpretation would require more stringent and
XIV-2

costly measures than the owner believes are warranted.

When addressing the subject of PCB spills, EPA has

emphasized two very important ingredients. First, the

timely cleanup of PCB spills. And second, establishing

prudent, yet practicable, numerical criteria standards for

PCB spills cleanup. Since 1982, EPA has had in place

requirements for timely cleanup of certain PCB spills 50 ppm

or greater. In the final PCB Electrical Equipment Rule

published August 25, 1982, EPA required the initiation of

spill cleanup from a PCB Transformer (500 ppm or greater)

within 48 hours of spill discovery. However, the issue of

timely cleanup of PCB spills from sources other than PCB

Transformers (i.e., PCB Capacitors, PCB-Contaminated

Electrical Equipment, etc.) was not addressed; and, the PCB

Electrical Equipment Rule did not establish final cleanup

standards for PCB spills.

Even though EPA did not finalize a PCB spill cleanup policy

in 1982, the Agency has continued to evaluate available

information on the risks posed by spilled PCBs and the costs

associated with cleanup to various levels. EPA recognized

that setting a nationwide PCB spill cleanup policy was a

desirable goal and in the winter of 1984 produced a draft

TSCA Compliance Monitoring Program Policy covering PCB spill

cleanup. Although the 1984 draft was never officially

released, members of the press and the public acquired and

reviewed the draft policy. The Environmental Defense Fund

(EDF), National Resources Defense Council (NRDC), Edison

Electric Institute (EEI), Chemical Manufacturers Association

(CMA), and National Electrical Manufacturers Association

(NEMA), among others, were principal reviewers of the 1984

draft policy. On May 17, 1985, EDF, NRDC, EEI, CMA, and

NEMA submitted to EPA an alternative PCB spill cleanup

policy for consideration by the Agency. EPA viewed this

alternative cleanup policy (referred to as the "Consensus

Agreement") as a framework for completing its nationwide PCB

spill cleanup policy and evaluated the Consensus Agreement

as a source of information in developing the Agency's own

policy. The Agency and the Consensus Group shared two

general principles about the appropriate framework for a

nationwide PCB spills cleanup policy: (1) that the policy

should establish requirements designed to be effective in

the large majority of spill situations; and, (2) that the

risks posed by residual contamination (PCBs remaining after

cleanup) vary depending upon the potential for human
XIV-3

exposures.

Because of the tremendous variety of PCB spill situations,

developing a nationwide cleanup policy which incorporated

timely cleanup with prudent numerical cleanup standards

while at the same time maintaining a format that was

practicable in areas of cost and implementation for the

regulated community proved to be a very complicated and

time-consuming task for the Agency. Consequently, EPA has

developed its National PCB Spill Cleanup Policy based upon

what the Consensus Group and others have indicated are the

more "typical" and thus most common types of PCB spills, as

well as the costs associated with cleanup following these

most common types of spills. Typical PCB spills involve the

limited release of PCBs during the course of EPA authorized

activities such as: the use of electrical equipment (e.g.,

transformers and capacitors), the servicing of electrical

equipment, and the storage for disposal of PCBs.

In establishing the cleanup policy for typical PCB spills,

EPA recognized that the risks posed by spills of PCBs vary,

depending upon the spill location and the amount of PCBs

spilled. Therefore, the PCB Spill Cleanup Policy now

requires cleanup of PCBs to different levels depending upon

spill location, the potential for exposure to residual PCBs

remaining after cleanup, the concentration of the PCBs

initially spilled, and the nature and size of the population

potentially at risk of exposure. Thus, the policy applies

the most stringent requirements for PCB spill cleanup to

areas where there is the greater potential for human

exposures to spilled PCBs. The policy applies less

stringent requirements for cleanup of PCB spills in areas

where the type and degree of contact present lower potential

exposures. Finally, even less stringent requirements apply

to areas where there is little potential for any direct

human exposure.

SCOPE OF THE POLICY

The PCB Spill Cleanup Policy establishes requirements for

the cleanup of spills resulting from the release of

materials containing PCBs at concentrations of 50 ppm or

greater including materials which EPA requires to be assumed

50 ppm or greater (i.e., untested mineral oil dielectric

fluid). The policy became effective on May 4, 1987, and

applies only to spills which occur after that date. 

Existing spills which occurred prior to May 4, 1987 are
XIV-4

excluded from the policy and are to be cleaned up in

accordance with requirements established at the discretion

of EPA, usually through its Regional offices.

In addition, EPA excluded certain PCB spills from the policy

based upon location. PCB spills which contaminate surface

water, drinking water, sewers, animal grazing lands, and

vegetable gardens are excluded from the final cleanup

standards in the policy because these spills, due to their

location, potentially pose significantly greater exposure

risks to humans than those "typical" spills around which the

policy has been developed. For these "excluded" spills, the

responsible party shall report the spill to the Regional EPA

Office and clean up the spill in accordance with sitespecific requirements established by the EPA Regional

Office. For all other PCB spills, EPA generally expects the

final cleanup standards of the policy to apply. In sum:

EPA's PCB Spill Cleanup Policy went into effect

May 4, 1987.

The policy applies to all PCB spills in

concentrations 50 ppm or greater (known or

assumed) which occur after May 4, 1987, except for

certain "excluded" spills which occur in higher

risk locations.

"Excluded" spills are those which contaminate

surface water, drinking water, sewers, animal

grazing lands, and vegetable gardens. The cleanup

levels found in the PCB Spill Cleanup Policy do

not automatically apply to these spills. These

spills must be reported to the appropriate EPA

Regional Office no later than 24 hours after

discovery and cleaned up in accordance with sitespecific requirements as established by the

Regional EPA Office. These spills are subject to

all measures to minimize environmental

contamination in the policy.

Q1: Why does EPA refer to these new cleanup requirements as

"policy" instead of "regulations"?

A1: It is important to note that the PCB Spill Cleanup Policy is

an EPA policy statement which applies to existing

"spill/improper disposal" regulations. That is to say, when

a PCB spill occurs, under existing regulations, "improper

disposal" has taken place. The PCB Spill Cleanup Policy
XIV-5

provides a nationwide set of uniform reporting, cleanup, and

recordkeeping standards which, if followed precisely,

creates a presumption against both enforcement action for

penalties and for further cleanup under TSCA. It is not a

regulatory requirement that a PCB spill be cleaned up in

accordance with the spill policy; however, if a responsible

party wants EPA to presume that the responsible party should

not receive penalties from EPA for improper disposal due to

a PCB spill, the PCB Spill Cleanup Policy must be precisely

followed.

KEY DEFINITIONS

The following are a few of the key definitions found in the

PCB Spill Cleanup Policy. All of the definitions listed in

the policy are not discussed here. Responsible parties

should refer to 40 CFR Part 761.123 for a detailed list of

all definitions found in the policy.

"Spill" - The term as used in the policy 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. The

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 the

policy.

Q2: The spill policy defines "spill" by including the word

"leak" in the definition. Does this mean that all minor

"leaks" from electrical equipment must be cleaned up in

accordance with the spill policy?

A2: No. The spill policy only applies to leaks where "...the
XIV-6

release results in any quantity of PCBs running off or about

to run off the external surface of the equipment." EPA has

differentiated between these types of "migrating" leaks

which have or are about to contaminate other materials. The

policy does not apply to minor seepage ("weeps") from

electrical equipment bushings or coverplates. However, it

is important to understand that a minor leak of this type is

still considered "improper disposal" of PCBs and must be

controlled, repaired, and cleaned up by authorized servicing

of electrical equipment if the responsible party wishes to

continue to use or store for reuse the electrical equipment

and avoid improper disposal penalties from EPA.

"Low-concentration PCBs" - This term means PCBs

that are tested and found to contain less than 500

ppm PCBs or those PCB-containing materials which

EPA allows to be assumed to be at concentrations

below 500 ppm (i.e., untested mineral oil

dielectric fluid). Consequently, a "lowconcentration" spill as referred to in the policy

is a spill of material containing PCBs in

concentrations of 50-499 ppm, including spills of

untested mineral oil which must be assumed to be

50-499 ppm.

"High-concentration PCBs" - This term 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. Consequently, a "high-concentration"

spill as referred to in the policy is a spill of

material containing PCBs in concentrations of 500

ppm or greater, including spills of material which

must be assumed to be 500 ppm or greater (e.g., an

untested transformer with no nameplate).

"Outdoor electrical substations" - Outdoor

electrical substations are outdoor, fenced-off,

and restricted access areas used in the

transmission and/or distribution of electrical

power. For purposes of the spill policy, outdoor

electrical substations are defined as being

located at least 0.1 kilometer (km) from a

residential/commercial area. Outdoor electrical

substations which are located less than 0.1 km

from a residential/commercial area are considered

to be residential/commercial areas.
XIV-7

Q3: If a PCB spill occurs in an outdoor electrical substation

located more than 0.1 kilometer from a residential/

commercial building but less than 0.1 kilometer from the

residential/commercial property boundary line, should the

spill be cleaned up as an outdoor electrical substation

spill or a residential/commercial spill?

A3: EPA has established that when determining which spills fall

under the cleanup requirements for "outdoor electrical

substations," versus the more stringent cleanup requirements

for "residential/commercial areas," the responsible party

shall measure the 0.1 kilometer distance "...from the actual

site of the spill to the edge of the building where people

live or reside, or work."

"Double wash/rinse" - The double wash/rinse

procedural performance standard applied in the

policy means a minimum requirement to cleanse

solid surfaces 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 the 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.

Q4: Can liquid cleaners and/or detergents be used throughout the

double wash/rinse procedure, or must more conventional

solvents such as kerosene be used?

A4: The spill policy allows the use of "other materials" in the

double wash/rinse procedure provided that PCBs are at least

5 percent soluble by weight in the material. Currently, EPA

has very little information on the effectiveness of

utilizing various detergents and cleaners in PCB spills

cleanup. The Agency is most interested in receiving input

in this area and encourages those in the regulated community

to submit relevant data pertaining to various detergents and

other cleanup materials.

"Standard wipe test" - For spills of high

concentration PCBs and large, low-concentration
XIV-8

spills, the policy requires cleanup of solid

surfaces 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 by 10

centimeters) 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.

"Spill area" - This 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" - This term 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 the policy.

Q5: What is the difference between the "spill area" and the

"spill boundaries"?

A5: The "spill area" is simply that area where traces of the

spilled material can be seen plus a 1-foot buffer zone. The

"spill boundaries" on the other hand means the actual area

of contamination and includes contamination that might not

be visible with the naked eye.

PCB SPILL REPORTING REQUIREMENTS
XIV-9

EPA has established two basic reporting requirements for PCB

spills under the TSCA spill policy. In addition, reporting

may also be required under the Clean Water Act (CWA) or

Comprehensive Environmental Response Compensation and

Liability Act (CERCLA). For example, under the CERCLA

National Contingency Plan, all spills involving 1 pound or

more of PCB material must currently be reported to the

National Response Center (NRC) at 1-800-424-8802. The

reporting requirements found in the PCB Spill Policy are

designed to be consistent with existing reporting

requirements found in other regulatory acts. Simply stated,

only those PCB spills occurring in certain high-risk areas,

or PCB spills involving a significant volume of PCBs

spilled, are required to be reported under the TSCA PCB

Spill Cleanup Policy. These are:

All PCB spills, 50 ppm or greater, which

contaminate surface waters, sewers and sewer

treatment plants, private or public drinking water

sources, animal grazing lands, and vegetable

gardens must be reported to the appropriate EPA

Regional Office of Pesticides and Toxic Substances

(see page xiv of this document) in the shortest

possible time after discovery, but in no case

later than 24 hours after discovery.

All PCB spills, 50 ppm or greater, involving 10

pounds or more of PCBs (generally 1 gallon of

Askarel) must be reported to the appropriate EPA

Regional Office of Toxics and Pesticides in the

shortest possible time after discovery but in no

case later than 24 hours after discovery.

Q6: When the spill policy refers to 10 pounds or more of PCBs,

is the requirement to report a spill of 10 pounds or more of

PCB containing material (i.e., oil and PCBs), or 10 pounds

or more of actual PCBs on a dry-weight basis?

A6: The reporting requirement specified in the PCB spill policy

only requires "...spills of 10 pounds of pure PCBs or more

by weight to be reported."

NOTE: As of August 14, 1989, EPA changed the reportable

quantity for PCBs to 1 lb. under the CERCLA National

Contingency Plan, so that spills of 1 lb. or more of PCBs

must be reported to the National Response Center. The PCB

Spill Cleanup Policy has not been revised to reflect this

change. Consequently, a 1 lb. or greater PCB spill must be
XIV-10

reported to the NRC but not to EPA. A PCB spill of 10 lbs.

or more must be reported to the appropriate Regional

Administrator.

DETERMINATION OF SPILL BOUNDARIES

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 testing the area for PCBs

using a statistically based sampling scheme. (See

Sampling/Testing Requirements.)

CLEANUP, RECORDKEEPING, AND TESTING REQUIREMENTS

The PCB Spill Cleanup Policy establishes four categories of

PCB spills: (1) small, low-concentration spills, (2) large,

low-concentration spills, (3) high-concentration spills, and

(4) excluded spills. As discussed earlier, EPA recognized

that the risks posed by spills of PCBs vary, depending upon

the spill location and the amount of PCBs spilled. 

Therefore, the spill policy requires cleanup of PCBs to

different levels depending upon spill location, the

potential for exposure to residual PCBs remaining after

cleanup, the concentration of PCBs initially spilled, and

the nature and size of the population potentially at risk of

exposure. The following is a general overview of the

various cleanup, recordkeeping, and testing requirements

found in the policy. Responsible parties should refer to 40

CFR 761.125 and 761.130 for detailed information.

SMALL, LOW-CONCENTRATION SPILLS

Small, low-concentration spills are spills of materials

containing 50-499 ppm PCBs and which involve less than 1

pound of PCBs by weight or less than 270 gallons of untested

mineral oil. These spills are considered to be the most

typical and most common types of spills and usually involve

smaller quantities of low-level PCBs. Consequently, EPA has

established a basic "performance standard" for proper

cleanup of spills of this type and requires specific records

and statements of certification to be documented and

maintained by the responsible party.

CLEANUP REQUIREMENTS:
XIV-11

(1) All contaminated solid surfaces must be

double washed/rinsed.

(2) Any contaminated indoor, residential surfaces

must be cleaned to 10 micrograms per 100

square centimeters (10 μg/100 cm2).

(3) All soil within the spill area (i.e., visible

traces plus a 1 lateral foot buffer) must be

excavated and the ground be restored to its

original configuration by back-filling the

area with clean soil (i.e., less than 1 ppm).

(4) The above cleanup must be completed within 48

hours of discovery of the spill.

Q7: Is "wipe testing" required following cleanup of a solid

surface involved in a "small, low-concentration" spill?

A7: The only instance in which wipe testing would be required

after cleanup of a small, low-concentration spill is if PCB

contamination of an indoor, residential surface occurred. 

This type of solid surface would have to be wipe tested

after cleanup and shown to contain no greater than 10 μg/100

cm2 of residual PCB contamination. All other solid surfaces

could simply be double washed/rinsed with no wipe testing

required.

Q8: Is there a minimum depth requirement when excavating soil

within the spill area?

A8: Due to the wide variety of ground media from one area of the

country to another, EPA has placed no specific depth

requirement in the performance standard for cleanup of

small, low-concentration spills. Responsible parties should

review each spill on a case-by-case basis and excavate soil

to a reasonable depth based upon the type of soil and

visible traces of spilled material.

Q9: The spill policy requires the excavated area be restored to

its original configuration by back-filling the area with

clean soil less than 1 ppm PCBs. Does back-fill soil have

to be tested for PCBs prior to being used?

A9: No. EPA does not require soil to be used for back-filling to

be tested and proven less than 1 ppm. Responsible parties

should simply use soil which, to the best of their

knowledge, contains no PCB contamination.

Q10: Can cleanup of an untested mineral oil spill be delayed to

first test the mineral oil and determine if the spill is in
XIV-12

fact 50 ppm or greater?

A10: Untested mineral oil which must be assumed to contain 50-499

ppm PCBs can be tested to determine the actual PCB

concentration. However, the PCB Spill Cleanup Policy does

not provide for additional "testing time" which would delay

initiation of the cleanup of a small, low-concentration

spill beyond the 48-hour requirement.

Q11: Are there any instances in which the initiation of cleanup

of a small, low-concentration spill may be delayed beyond 48

hours?

A11: Yes. Initiation 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 for delay.

RECORDKEEPING AND CERTIFICATION REQUIREMENTS:

At the completion of cleanup of a small, lowconcentration spill, the responsible party or

appropriate agent must 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

must include the following:

(1) The source of the spill (e.g., type of

equipment).

(2) The date and time the spill occurred (actual

or estimated).

(3) The date and time cleanup was completed or

terminated.

(4) The nature and duration of why initiation of

cleanup was beyond the 48-hour requirement.

(5) A brief description of the spill location.

(6) Precleanup sampling data used to determine

spill boundaries if there were insufficient

visible traces.

(7) A brief description of any solid surfaces

which were double washed/rinsed and the

methods used.

(8) The approximate depth of soil excavation and

the amount of soil removed.
XIV-13

(9) A certified statement signed by the

responsible party (e.g., facility manager or

foreman) stating that the cleanup

requirements have been met and that the

information contained in the records is true

to the best of his/her knowledge.

LARGE, LOW-CONCENTRATION SPILLS AND HIGH-CONCENTRATION

SPILLS OF ANY QUANTITY

The next two categories of PCB spills established in the PCB

Spill Cleanup Policy are large, low-concentration spills and

high-concentration spills of any amount of PCBs.

Large, low-concentration spills are spills of materials

containing 50-499 ppm PCBs and which involve more than 1

pound of PCBs by weight or more than 270 gallons of untested

mineral oil. These spills involve larger quantities of lowlevel PCBs and thus present more widespread contamination

and a greater risk of potential exposure to humans.

High-concentration spills are spills of materials containing

PCBs in concentrations of 500 ppm or greater. PCB spills of

these higher level concentrations, in any quantity, present

a more significant risk of exposure to humans.

Because of the greater risk of potential exposure to humans

from large, low-concentration spills and all highconcentration spills, EPA requires more stringent and

detailed numerical cleanup standards for these types of

spills. Numerical cleanup standards are based upon the

spill location with the most stringent requirements applied

to PCBs spilled in residential/commercial/unrestricted

access rural areas. The spill policy allows for lessstringent numerical cleanup standards for PCBs spilled in

industrial and other restricted-access areas such as utility

power plants. And finally, the least stringent numerical

cleanup standards apply to PCB spills in outdoor electrical

substations.

In order to simplify the PCB Spill Cleanup Policy to the

extent possible, EPA structured the policy so that the

cleanup, recordkeeping, and testing requirements for "large,

low-concentration spills" and "high-concentration spills"

are identical. The following is a brief overview of these

requirements based upon spill location. Responsible parties

should refer to 40 CFR 761.125 for detailed requirements and
XIV-14

standards.

 IMMEDIATE REQUIREMENTS:

The following four actions must be taken as quickly as

possible and within no more than 24 hours (48 hours for

PCB Transformer spills) after discovery of the spill.

(1) Report the spill to the NRC if 1 pound or more of

pure PCBs were spilled, and to the EPA Regional

Office if 10 lbs. or more of pure PCBs were

spilled.

(2) Effectively cordon off and restrict access to the

spill area plus a 3-foot buffer, and place clearly

visible signs advising persons to avoid the area.

(3) Record and document the spill area noting the

extent and center of all visible traces. If there

are no visible traces, contact the EPA Regional

Office for guidance in completing a statistical

sampling of the spill area to determine spill

boundaries.

(4) Initiate cleanup of all visible traces on solid

surfaces and initiate excavation of any visibly

contaminated soil.

Q12: Are there any instances in which the "immediate

requirements" for large, low-concentration and highconcentration spills may be delayed beyond 24 hours?

A12: Yes. The above immediate requirements (2), (3), and (4) may

be delayed beyond 24 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

for delay.

CLEANUP REQUIREMENTS - OUTDOOR ELECTRICAL

SUBSTATIONS:

(1) Contaminated solid surfaces must be cleaned

to a level not exceeding PCB concentrations

of 100 μg/100 cm2.

(2) Contaminated soil must be excavated to 25 ppm

PCBs, or to 50 ppm PCBs provided that a

notice indicating the 50 ppm PCB level is

visibly placed in the area.
XIV-15

CLEANUP REQUIREMENTS - OTHER RESTRICTED ACCESS

AREAS:

(1) Contaminated solid surfaces must be cleaned

to either 10 μg/100 cm2 or 100 μg/100 cm2

depending upon whether the contaminated

surface is indoors or outdoors, high-contact

or low-contact, impervious or nonimpervious. 

Responsible parties should refer to 40 CFR

761.125 for a detailed description of final

numerical cleanup standards.

(2) Contaminated soil must be excavated to 25 ppm

PCBs.

CLEANUP REQUIREMENTS - NONRESTRICTED ACCESS AREAS:

(1) Contaminated furnishings, toys, and other

easily replaceable household items must be

disposed of in accordance with disposal

requirements under 40 CFR 761.60 and replaced

by the responsible party.

(2) Contaminated solid surfaces must be cleaned

to either 10 μg/100 cm2 or 100 μg/100 cm2

depending on whether the contaminated surface

is indoors or outdoors, high-contact or lowcontact, impervious or nonimpervious. 

Responsible parties should refer to 40 CFR

761.125 for a detailed description of final

numerical cleanup standards.

(3) Contaminated soil must be excavated to 10 ppm

PCBs provided the soil is excavated to a

minimum depth of 10 inches. The excavated

soil must be replaced with clean soil less

than 1 ppm PCBs and the site restored to its

original configuration.

Q13: Does a "high-concentration" or "large, low-concentration"

spill in a nonrestricted access area always require

excavating the contaminated soil to a minimum depth of 10

inches?

A13: No. Excavation of the soil may be terminated before reaching

a 10-inch depth provided there are no detectible PCBs at the

level of termination (i.e., less than 1 ppm). In other

words, excavation must continue until: (1) there are no

detectible PCBs at the level of termination, or (2) there is

not greater than 10 ppm contamination at a minimum 10-inch

depth, or (3) excavation must continue beyond 10-inch depth
XIV-16

if necessary to achieve the minimum 10 ppm cleanup standard.

Q14: Is there a minimum quantity level for required cleanup of a

"high-concentration" PCB spill?

A14: No. High-concentration spills (500 ppm or greater) must be

cleaned up in accordance with the PCB Spill Cleanup Policy

regardless of the quantity spilled. Even spills from small,

unregulated items such as PCB small capacitors are 

considered improper disposal and should be cleaned up in 

accordance with the spill policy.

Q15: Is there a time limit on the final cleanup of "large, lowconcentration" and "high-concentration" spills?

A15: Although the spill policy requires certain "immediate"

actions, as described above, EPA has not placed a time limit

on completion of cleanup since the time required will vary

from case to case. However, EPA expects cleanup to be

achieved promptly in all cases and will consider the

promptness of completion in determining whether a

responsible party made good faith efforts to clean up in

accordance with the policy.

RECORDKEEPING REQUIREMENTS:

At the completion of cleanup of a large, lowconcentration or high-concentration spill, the

responsible party or appropriate agent must

document the cleanup with records of

decontamination. These records must be maintained

for a period of 5 years. The records must include

the following:

(1) The source of the spill (e.g., type of

equipment).

(2) The date and time the spill occurred (actual

or estimated).

(3) The date and time cleanup was completed or

terminated.

(4) The nature and duration of any delayed

cleanup.

(5) A brief description of the spill location.

(6) Precleanup sampling data used to determine

spill boundaries if there were insufficient

visible traces.
XIV-17

(7) A brief description of any solid surfaces

cleaned.

(8) The approximate depth of soil excavation and

the amount of soil removed.

(9) Postcleanup verification sampling data (test

results).

SAMPLING/TESTING REQUIREMENTS:

Under the PCB spill policy requirements for large,

low-concentration and high-concentration spills,

responsible parties are required to conduct postcleanup sampling to verify the level of cleanup. 

The responsible party, or designated agent, may

use any statistically valid, reproducible,

sampling scheme (either random samples or grid

samples), provided the following requirements are

satisfied:

(1) The sampling area is the greater of: (a) an

area equal to the area cleaned plus an

additional 1-foot boundary, or (b) an area 20

percent larger than the original area of

contamination.

(2) The sampling scheme must ensure 95 percent

confidence against false positives.

(3) 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.

(4) The sampling scheme must include calculation

for expected variability due to analytical

error.

EXCLUDED SPILLS

As discussed earlier, certain PCB spills which occur in

areas of higher potential risk and exposure to humans are

specifically excluded from the spill policy. For each of

the following spill situations, the responsible party must

contact the appropriate Regional EPA Office of Pesticides

and Toxic Substances (see page xiv of this document) within

24 hours of discovery of the spill. The EPA Regional Office

will establish cleanup standards and requirements for the

"excluded" spills on a case-by-case basis. The following
XIV-18

six spill situations are "excluded spills" and are not

included in the cleanup, recordkeeping, and sampling

requirements of the PCB Spill Cleanup Policy. They are

subject, however, to all the measures in the policy that

minimize further environmental contamination. 

Spills that result in the direct contamination of

surface waters.

Spills that result in the direct contamination of

sewers or sewage treatment plants.

Spills that result in the direct contamination of

any private or public drinking water sources or

distribution systems.

Spills which migrate to and contaminate surface

waters, sewers, or drinking water supplies before

cleanup has been completed in accordance with the

policy.

Spills that contaminate animal grazing lands.

Spills that contaminate vegetable gardens.

Q16: Are commercial farming crop lands included in the definition

of "vegetable gardens"? Also, are residential gardens

included in the definition?

A16: Generally yes. EPA performed some preliminary analysis of

the risks posed by the consumption of vegetables grown on a

spill area cleaned to 25 ppm PCBs in the case of farmland

and 10 ppm in the case of residential gardens. Assuming

that vegetables grown on a residential garden or farm are

the entire vegetable diet of the site residents, cleaning

soil to the levels in the policy may not be adequate. Also,

EPA has concluded that vegetables are more likely to become

contaminated through contact with contaminated dirt rather

than plant uptake, especially root crops such as carrots and

potatoes.
XIV-19
XIV-20

CHAPTER XV

RECORDKEEPING

AND REPORTING

40 CFR 761.180(a): PCBs and PCB Items In-Service or Projected for

Disposal (page XV-2)

40 CFR 761.180(b): Disposers and Commercial Storers of PCB Waste

(page XV-6)

Incineration Facilities (page XV-9)

Chemical Waste Landfill Facilities (page XV-10)

High Efficiency Boiler Facilities (page XV-10)

Special Recordkeeping Requirements (page XV-11)
XV-1

- RECORDKEEPING AND REPORTING -

EPA finalized specific recordkeeping and reporting 

regulations with the promulgation of the "PCB Ban Rule" in 

1979. These regulations outlined the various records and 

reports which owners, storers, and disposers of PCBs and PCB

Items were required to develop and maintain. The 

Notification and Manifesting Rule, published on December 21,

1989 (54 FR 52716) changed the format of the recordkeeping 

requirements for PCBs that were in place since 1979. Year 

after year, "improper recordkeeping" continues to be the 

single most frequent area of noncompliance in each of the 

ten EPA regions across the country. The following is a 

brief overview of the recordkeeping and reporting 

requirements for PCBs and PCB Items. One should pay 

particular attention to the changes as a result of the 

Notification and Manifesting Rule. Responsible parties are 

encouraged to refer to 40 CFR 761.180 and the Notification 

and Manifesting Rule for a detailed outline of the "Records

and Reports" regulations.

The Notification and Manifesting Rule adopts additional

recordkeeping and reporting requirements to complete the

tracking system for PCB wastes. The rule requires that the

manifests themselves be retained as records by waste

handlers, and it requires reporting to EPA in the event of

irregularities in the transport of regulated wastes. These

reports depend largely on information derived from

particular manifests.

Three of the waste tracking reports are modeled after their

RCRA counterparts. The rule requires "Exception Reports" to

be filed with EPA whenever a generator has not received

verification of delivery within 45 days. Also, a

"Discrepancy Report" is required of storage or disposal

facilities in those cases where the waste actually delivered

to them does not correspond exactly with the types and

quantities described on the manifest. Third, an

"Unmanifested Waste Report" is required of disposers or

storers in those instances in which waste arrives at a

facility unaccompanied by a required manifest. 

The rule adds one additional reporting requirement for which

there is no counterpart under RCRA. This requirement is the

"One-year Exception Report," intended to bolster EPA's

ability to enforce the requirement under TSCA regulations

that limits storage of PCBs prior to disposal to no more
XV-2

than one year. Information on when items of PCB waste were

removed from use is included with the manifests that

accompany the waste from generation to disposal. Disposers

are required to certify to the date of disposal of PCB waste

manifested to them, and in the event more than one year has

elapsed since the PCBs were removed from use, a report must

be filed with EPA.

Finally, the rule adds several amendments to the existing

PCB recordkeeping provisions that concern the Annual

Document requirements for the users, storers, and disposers

of PCBs. The most significant of these amendments is the

requirement that each disposer and commercial storer of PCB

waste submit on July 15 of each year an "Annual Report,"

which is a summary of the previous calendar year's PCB

activity at the facility. The report will be submitted to

the appropriate EPA Regional Administrator.

40 CFR 761.180(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 disposer of PCB

waste, using or storing at one time any of the following

quantities of PCBs and/or PCB Items is required to develop

and maintain Annual Records and by July 1 prepare an Annual

Document Log on the disposition PCBs and PCB Items. The

quantity limits are:

45 kilograms (99.4 pounds) or more of PCBs (50 ppm

or greater) contained in PCB Containers, or

one or more PCB Transformers (500 ppm or greater),

or

50 or more PCB large, high- or low-voltage

capacitors.

If any of these three quantity limits is met or exceeded,

the owner or operator of the facility must maintain "Annual

Records" for the PCBs and PCB Items, as well as develop and

prepare an "Annual Document Log" each calendar year until

the facility ceases using, storing, or disposing of PCBs and

PCB Items. "Annual Records" and "Annual Document Logs" must

be maintained for at least 3 years after that time.

The Annual Records include the following:
XV-3

All signed manifests generated by the facility 

during the calendar year.

All Certificates of Disposal received at the 

facility during the calendar year.

An Annual Document Log is the summary of the detailed

information maintained at the facility on its waste handling

activities, including:

The identity of the facility and the year covered

by the Annual Document Log.

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:

Weight in kilograms for bulk PCB waste (e.g.,

in a tanker or truck), the first date it was

removed from service for disposal, date it

was placed into transport for off-site

storage or disposal, and the date of disposal

if known.

The serial number or other means of

identifying each PCB Article, the weight in

kilograms of the PCB waste in each PCB

Article, the date removed from service for

disposal, the date placed in transport for

off-site storage or disposal, and the date of

disposal if known.

The unique number identifying each PCB

Container, a description and total weight in

kilograms of the contents of the container,

the first date material was placed into the

container for disposal, the date each

container was placed in transport for storage

or disposal, and the date of disposal if

known.

The unique number identifying each PCB

Article Container, a description and total

weight in kilograms of the contents of the
XV-4

PCB Article Container, the first date a PCB

Article was placed into the container for

disposal, the date the PCB Article container

was placed in transport for off-site storage

or disposal, and the date of disposal if

known.

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 the PCB Article Containers, the total

number of PCB Containers and the total weight in

kilograms of the contents of the 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.

The total number of PCB Transformers and total

weight in kilograms of the PCBs contained in the

transformer remaining in-service at the end of the

calendar year.

The total number of Large, High- or Low-Voltage

PCB Capacitors remaining in-service at the end of

the calendar year.

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.

Weights in kilograms, number and description of

any PCBs or PCB Item shipped from or shipped to

another facility owned or operated by the same

generator.

A record of each telephone call or other means of

verification agreed upon by both parties to each

designated commercial storer or designated

disposer to confirm receipt of PCB waste

transported by an independent transporter, as

required by § 761.208.

NOTE: Readers are requested to closely review 

 761.180(a)(2) for the detailed information 
XV-5

 required in this Annual Document Log.

Q1: Are the Annual Records and Annual Document Logs as specified

at § 761.180(a)(1) and (2), required to be sent in to EPA?

A1: No. Unless specifically requested, a facility's PCB records

should be maintained in-house and made available for

inspection by authorized EPA personnel. [The Annual Report

as specified at § 761.180(b) (which is discussed in the next

section) is the only recordkeeping document that need be

sent to EPA.]

Q2: Is a facility required to obtain a "Certificate of Disposal"

for each shipment of PCBs for disposal?

A2: "Certificates of Disposal" are industry-developed documents

normally used by PCB brokers and disposal companies to

assure their customers that final disposal has, in fact,

taken place. Under §761.218 owners and operators of

disposal facilities are now required to prepare a

Certificate of Disposal for PCB waste. The generator of the

waste (i.e., either the original generator or the

owner/operator of a storage facility that has co-mingled PCB

wastes) would be required to maintain signed Certificates of

Disposal.

Q3: Is an Annual Document Log and Annual Record supposed to

report activity from July 1 of the preceding year to June 30

of the year the records are developed?

A3: No. An Annual Document Log and Annual Record should cover

activity which took place the previous calendar year

(January 1 - December 31). The regulations allow a 6-month

period to July 1 to develop and complete the Annual Document

Log and Annual Record. NOTE: For 1989 the documents shall

cover the period from January 1, 1989 to February 5, 1990

(the effective date of the Notification and Manifesting

Rule). For 1990 the documents shall cover the period from

February 6, 1990 to December 31, 1990.

Q4: Our facility is past due on several years of Annual

Documents [NOTE: "Annual Documents" is the term used to

describe the records and reports that were to be developed

and kept at the facility before the Records and Monitoring

section (761.180) of the regulations was amended in the

Notification and Manifesting rule.] Is it illegal to go

back now and develop these required reports?
XV-6

A4: If a facility has accurate past records and information, it

is advisable to prepare all required Annual Documents, even

those that are currently delinquent. A facility compiling

such reports may receive an EPA penalty for completing

Annual Documents after the allowed 6-month period. 

Penalties will be assessed for those who do not file these

reports. 

Q5: What exactly does the term "removed from service" mean?

A5: "Removed from service," when used in the context of the PCB

regulations, specifically refers to the designation of a PCB

Item for the end of its useful life or, in other words,

"date of removal from service for disposal." Unfortunately,

the term "removed from service," as used in the regulations,

has often been misinterpreted by those in the regulated

community. This is particularly so in the case of electric

utilities where the term has been used for years in

conjunction with a transformer or other piece of electrical

equipment being "changed out" and/or "brought in from the

field." Many times these types of "change outs" involve

electrical equipment that is in sound functional condition

(intact and nonleaking) and is simply placed back into

"stock" (storage for reuse) to be reused on an as-needed

basis. In other instances, equipment is "changed-out" when

it is in need of and will receive repair work before going

back into "stock" for future use. In either case, this is

not what EPA means when by "removed from service." On the

other hand, electrical equipment which is legally stored for

reuse, or stored for repair by authorized servicing, is just

as much "remaining in service" as a unit in the field

operating under loaded conditions. In fact, once a PCB Item

(50 ppm or greater) has been "removed from service for

disposal," EPA does not allow that unit to be placed back

into service, repaired, rebuilt, or sold for reuse. In

addition, the one year storage for disposal requirement

begins on the date of removal from service for disposal.

Q7: If I drain a PCB-Contaminated Transformer (50 - 499 ppm 

PCBs) prior to shipment for disposal, must I prepare an 

annual document?

A7: If the total weight of the liquid drained into the 

container(s) is 45 kgs. (99.4 lbs.) or more you must prepare

an annual document for the PCB Container(s). If you are 

shipping only the drained transformer carcass you need not 

prepare an annual document.
XV-7

40 CFR 761.180(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

is required to prepare and maintain an Annual Record on the

disposition of all PCBs and PCB Items at the facility and

prepare and maintain a written Annual Document Log for PCBs

and PCB Items by July 1 that were handled as PCB waste at

the facility during the previous calendar year. In

addition, by July 15, the owner or operator of the facility

must submit to the appropriate EPA Regional Administrator an

"Annual Report" which is a brief summary of the information

included in the Annual Document Log. (See § 761.180(b)(3)

for further detail.) NOTE: For 1989 the documents shall

cover the period from January 1, 1989 to February 5, 1990

(the effective date of the Notification and Manifesting

Rule). For 1990 the documents shall cover the period from 

February 6, 1990 to December 31, 1990. 

The Annual Records include the following:

All signed manifests generated or received at the

facility during the calendar year.

All Certificates of Disposal that have been

generated or received by the facility during the

calendar year.

The written Annual Document Log includes the following:

[Readers are requested to closely review § 761.180(b)(2) for

the detailed information required in this Annual Document

Log.]

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.

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 the

following information:
XV-8

The date when any PCBs and PCB Items were

disposed of at the facility or transferred to

another disposal or storage facility,

including the identification of the specific

types of PCBs and PCB Items that were stored

or disposed of.

A summary of the total weight in kilograms of

PCBs and PCB Articles in containers and the

total weight of PCBs contained in PCB

Transformers that have been handled at the

facility during the previous calendar year. 

This summary shall provide totals of the

above PCBs and PCB Items which have been: 

(1) received during the year; (2) transferred

to other facilities during the year; and (3)

retained at the facility at the end of the

year.

The contents of PCB Containers shall be

identified. When PCB Containers and PCBs

contained in a transformer are transferred to

other storage or disposal facilities, the

identification of the facility to which such

PCBs and PCB Items were transferred shall be

included in the document.

The total number of any PCB Articles or PCB

Equipment not in PCB Containers received

during the calendar year, transferred to

other storage or disposal facilities during

the calendar year, or remaining on the

facility site at the end of the calendar year

shall be included.

The identification of the specific types of

PCB Articles and PCB Equipment received,

transferred, or remaining on the facility

site shall be indicated.

When PCB Articles and PCB Equipment are

transferred to other storage or disposal

facilities, the identification of the

facility to which the PCB Articles and PCB

Equipment were transferred must be included.

Q7: Do the above requirements for a PCB storage facility apply

to an electric utility which has set up a PCB storage
XV-9

facility for their own PCBs and PCB Items?

A7: No. An electric utility which has set up a PCB storage

facility for their own PCBs and PCB Items is only required

to prepare a document under the criteria outlined for owners

and users of PCBs at 761.180(a). The recordkeeping

requirements for disposal and storage facilities outlined

under 761.180(b) do not apply to electric utilities or

others who are simply storing their own PCBs. They are not

commercial storers of PCB waste.

The above documents must be completed for each calendar year

until the facility is no longer used for the storage or

disposal of PCBs and PCB Items. All documents that are

required to be maintained at the facility must be maintained

for at least 3 years after that time; except in the case of

chemical waste landfills. These documents must be

maintained at least 20 years after the chemical waste

landfill is no longer used for the disposal of PCBs and PCB

Items.

Other PCB Records: In addition to "Annual Records" and

"Annual Documents," owners or operators of facilities using

or storing PCBs and PCB Items are required to maintain the

following records and reports when applicable:

PCB Transformer Inspections (Quarterly and/or

Yearly)

PCB Transformer Registrations (Fire Departments

and Building Owners)

PCB Container/Drum/Bulk Tank Identification Logs

PCB Spill Reports (See "PCB Spill Cleanup Policy")

Spill Prevention Control and Countermeasure (SPCC)

Plans for Storage of Large Tanks

PCB Test/Sampling Data (See "PCB Spill Cleanup

Policy")

Data on PCB Transformers installed for either

emergency or reclassification purposes

INCINERATION FACILITIES
XV-10

In addition to the required documents which must be prepared

by all PCB disposal facilities, each owner or operator of a

PCB incinerator facility shall also collect and maintain the

following information:

When PCBs are being incinerated, the following

continuous and short-interval data:

(1) the rate and quantity of PCBs fed to the

combustion system as required in

761.70(a)(3);

(2) the temperature of the combustion process as

required in 761.70(a)(4); and

(3) the stack emission product to include O2, CO,

and CO2 as required in 761.70(a)(7).

When PCBs are being incinerated, data and records

on the monitoring of stack emissions as required

in 761.70(a)(7).

The 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 during the calendar year.

The total weight in kilograms of any solid

residues remaining on the facility site.

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).

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. This 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.
XV-11

PCB incinerator facilities must collect and maintain the

above information for a period of at least 3 years from the

date the information was collected.

CHEMICAL WASTE LANDFILL FACILITIES

In addition to the required documents which must be prepared

by all PCB disposal facilities, each owner or operator of a

chemical waste landfill facility shall also collect and

maintain the following information:

Any water analysis obtained in compliance with

761.75(b)(6)(iii); and 

Any operations records including burial

coordinates of wastes obtained in compliance with

761.75(b)(8)(ii).

Chemical waste landfill facilities must collect and maintain

the above information until at least 20 years after the

chemical waste landfill is no longer used for the disposal

of PCBs and PCB Items.

HIGH EFFICIENCY BOILER FACILITIES

In addition to the required documents which must be prepared

by all PCB disposal facilities, each owner or operator of a

high efficiency boiler used for the disposal of liquids

containing between 50 and 500 ppm PCBs shall also collect

and maintain the following information:

For each month PCBs are burned in the boiler, the

carbon monoxide and excess oxygen data required in

761.60(a)(2)(iii)(A)(8) and

761.60(a)(3)(iii)(A)(8).

The quantity of PCBs burned each month as required

in 761.60(a)(2)(iii)(A)(7) and

761.60(a)(3)(iii)(A)(7).

For each month PCBs (other than mineral oil

dielectric fluid) are burned, the chemical

analysis data of the waste as required in

761.60(a)(3)(iii)(B)(6).
XV-12

High efficiency boiler facilities used for the disposal of

liquids containing between 50 and 500 ppm PCBs must collect

and maintain the above information for a period of at least

3 years from the date the information was collected.

SPECIAL RECORDKEEPING REQUIREMENTS

In addition to the documents and other records outlined in

Units II through V above, each owner or operator of a PCB

storage or disposal facility (including high efficiency

boiler operations) shall collect and maintain the following

information:

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.

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.

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, or other permits or authorizations such

as those required by 761.70(d) and 761.75(c).

Each owner or operator of a PCB storage or disposal facility

must collect and maintain these special records for a period

of 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 special records

must be maintained at least 20 years after the landfill is

no longer used for the disposal of PCBs and PCB Items.
XV-13

CHAPTER XVI

PCB TESTING PROCEDURES

Oil-Filled Electrical Equipment (page XVI-1)

Waste Oil (page XVI-2)

PCB Spills (page XVI-3)
XVI-1

- PCB TESTING PROCEDURES -

OIL-FILLED ELECTRICAL EQUIPMENT

The PCB regulations under TSCA do not require electrical

equipment containing mineral oil dielectric fluid to be

tested for PCB contamination. Instead, EPA allows the

continued use and storage for reuse of untested mineral oil

electrical equipment provided the equipment is intact and

nonleaking, and provided the equipment is used in compliance

with all applicable "assumption" requirements. However,

owners or operators of mineral oil dielectric fluid

electrical equipment may use the following procedures to

determine the concentration of PCBs in the dielectric fluid:

Mineral oil dielectric fluid removed from

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 50-ppm PCBs or

greater 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 oilfilled 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.

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 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 contents must be considered as having a PCB

concentration of 500 ppm or greater for purposes

of complying with the disposal requirements at

761.60. Representative samples are either samples

taken in accordance with the American Society of

Testing and Materials (ASTM) method D-923, or

samples taken from a container that has been
XVI-2

thoroughly mixed in a manner such that any PCBs in

the container are uniformly distributed throughout

the liquid in the container.

Q1: Can a facility utilize "screen tests" to prove that mineral

oil dielectric fluid electrical equipment is not

contaminated with PCBs?

A1: EPA currently finds gas chromatography (GC) to be the

minimally acceptable method for determining the

concentration and nature of PCBs in oils and uses GC for

verification purposes. EPA neither requires nor prohibits

use of any particular test method to determine PCB

concentration or total chloride ion detection methods. 

Total organic chlorine or chloride analysis is not as

specific as gas chromatography for determination of PCB

content (i.e., it cannot distinguish between PCBs and other

chlorine containing compounds). Since PCB-Containing

Materials frequently contain organic chlorine from sources

other than PCBs (e.g., trichlorobenzenes), test data

obtained by total chlorine or chloride analysis are not as

reliable for PCB quantitation as gas chromatography. 

Therefore, EPA will not accept total chlorine analysis data

as proof that a company has satisfied any of the testing

requirements, or achieved any of the concentration levels

found in the PCB regulations. There is no prohibition on

the use of total organic chlorine or chloride analysis as a

rough field screening device to determine whether further

testing is needed. However, the Agency finds gas

chromatography to be the minimally acceptable method for

ascertaining the level of PCBs in oils.

WASTE OIL

Owners or users of waste oil may use the following

procedures to determine the PCB concentration of waste oil:

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.

For purposes of complying with the marking and

disposal requirements, representative samples may

be taken from either the common container or

individual containers to determine the PCB

concentration. Except, if any PCBs at a
XVI-3

concentration of 500 ppm or greater have been

added to the container, 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 at

761.60. Representative samples are either samples

taken in accordance with the American Society of

Testing and Materials (ASTM) method D-923, 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.

PCB SPILLS

See the chapter XIV on "PCB Spill Cleanup Policy" for a

detailed discussion of proper sampling/testing methods for

PCB spills.
XVI-4

CHAPTER XVII

IMPORT AND EXPORT

Closed Border Policy (page XVII-1)

Exemptions to Closed Border Policy (page XVII-1)
XVII-1

- IMPORT AND EXPORT -

CLOSED BORDER POLICY

EPA has generally established a "closed border" policy which

went into effect May 1, 1980, pertaining to the importing

and exporting of PCBs and PCB Items. In the Federal

Register of May 31, 1979, EPA recognized that PCB contamination is a global problem, and that PCBs used outside the

United States can cause PCB contamination of this country

due to the extreme persistence of the substance and the ease

with which it is transported in the environment. Consequently, the Agency concluded in 1979 that the distribution

in commerce of PCBs for export constitutes an unreasonable

risk to health and the environment in the United States. 

However, certain activities involving the import and export

of PCBs have been specifically exempted from the regulatory

prohibitions on distribution in commerce (import and export)

of PCBs. 

EXEMPTIONS TO CLOSED BORDER POLICY

These exemptions are:

Persons who import or export products containing

PCBs generated as unintentional impurities in

"excluded manufacturing processes" as defined in

761.3, are exempt from the distribution in

commerce prohibitions provided that such persons

comply with the records and certification

requirements at 761.185, 761.187, and 761.193.

Persons who import or export products containing

"recycled PCBs" as defined in 761.3, are exempt

from the distribution in commerce prohibitions

provided that such persons comply with the records

and certification requirements at 761.185,

761.187, and 761.193.

Persons who import or export products containing

"Excluded PCB Products" as defined in 761.3 are

exempt from the distribution in commerce

prohibitions.

Persons who import or export products that were

contaminated with PCBs because of a spill from, or

proximity to, a PCB Item 50 ppm or greater, and
XVII-2

which have been decontaminated in accordance with

applicable EPA spill cleanup policies, are exempt

from the distribution in commerce prohibitions.

PCBs at concentrations less than 50 ppm may be 

imported or exported for purposes of disposal

(761.20(b)(2)).

PCBs at any concentration may be exported for 

reuse provided they were sold for purposes other 

than resale prior to July 1, 1979 and are in a 

totally enclosed manner.

Q1: Can PCB samples be imported for purposes of analysis?

A1: No, not without an exemption. Since TSCA defines import as

manufacture (TSCA section 3), and the manufacture of PCBs is

banned unless exempted by rule (TSCA section 6(e)), a person

may not import PCBs other than at less than 50 ppm for

purposes of disposal.
XVII-3

CHAPTER XVIII

PCB TRANSFORMER FIRE-RELATED REQUIREMENTS

Installation of PCB Transformers (page XVIII-2)

Enhanced Electrical Protection (page XVIII-3)

Phaseout of Lower Secondary Voltage Network PCB

Transformers in Sidewalk Vaults (page XVIII-3)

Discovery of a PCB Transformer (page XVIII-3)
XVIII-1

- PCB TRANSFORMER FIRE-RELATED REQUIREMENTS -

In the August 25, 1982 "Electrical Equipment Use Rule," EPA

authorized the continued use of all nonrailroad transformers

containing or contaminated with PCBs for the remainder of

their useful lives. The only exceptions were PCB

Transformers (500 ppm or greater) whose use was prohibited

after October 1, 1985 if they posed an exposure risk to food

or feed. In making its August 1982 decision, EPA determined

that authorizing the use of transformers containing PCBs for

the remainder of their useful lives did not present an

unreasonable risk to public health or the environment. In

evaluating the risks posed by the continued use of

transformers containing PCBs, EPA considered the principal

route of release and exposure to PCBs to result from leaks

and spills from this equipment. However, since that time,

EPA has learned that fires involving transformers can also

be significantly responsible for the release of PCBs, and

that PCBs released from transformers in a fire situation can

be volatilized and converted into dioxins and dibenzofurans

which are many times more toxic than PCBs.

Originally, EPA believed that PCB Transformer fires were

very rare and isolated events. Thus, EPA did not directly

consider the public health and environmental risk posed by

fire-related events until after the 1982 "Electrical

Equipment Use Rule" when additional information came to

EPA's attention indicating that PCB Transformer fires may

occur more frequently than previously expected, and that

transformer fire-related hazards are not restricted solely

to transformers located inside buildings.

In an attempt to reduce fire-related risks posed by the use

of PCB Transformers, EPA issued a final rule published in

the Federal Register of July 17, 1985 (50 FR 29170) which is

referred to as the "PCB Transformer Fires Rule." In

addition to the existing use and servicing regulations for

PCB Transformers, this 1985 rule further regulated the use

of PCB Transformers. Among other provisions, the rule

specifically:

prohibited the use of higher secondary voltage

(secondary voltages equal to or greater than 480

volts including 480/277 volt systems) network PCB

Transformers, located in or near a commercial

building, after October 1, 1990;
XVIII-2

prohibited the further installation of PCB

Transformers in or near a commercial building;

required, as of October 1, 1990, the enhanced

electrical protection of all radial and lower

secondary voltage (secondary voltages below 480

volts) network PCB Transformers, located in or

near a commercial building;

required the registration of all PCB Transformers

with the Fire Department having primary

jurisdiction by December 1, 1985;

required the registration of any PCB Transformers

located within 30 meters (roughly 100 feet) of a

commercial building to be registered with the

building owner;

required the marking of the means of access (vault

door, fence, hallway, etc.) to a PCB Transformer

with the mark ML (PCB label);

required the removal of all combustible materials

stored within 5 meters (roughly 15 feet) of a PCB

Transformer; and

required immediate notification of the National

Response Center (NRC) in the event of a PCB

Transformer fire-related incident.

Shortly after the promulgation of the 1985 "PCB Transformer

Fires Rule," Mississippi Power Company filed a petition for

review of the rule. After reviewing new information

submitted by Mississippi Power and others, and considering

their requests for clarification and amendments to the "PCB

Transformer Fires Rule," EPA determined that the issues

raised warranted further Agency consideration and

subsequently, in the Federal Register of December 31, 1986

(51 FR 47241), published a document responding to issues

that needed clarification and in the Federal Register of

July 19, 1988, EPA promulgated final amendments to the

original 1985 "PCB Transformer Fires Rule." These

amendments included:

INSTALLATION OF PCB TRANSFORMERS:

The "PCB Transformer Fires Rule" banned the

installation of PCB Transformers in or near
XVIII-3

commercial buildings after October 1, 1985. EPA

has amended the 1985 rule to allow the

installation of a PCB Transformer under "emergency

situations" as described in 761.30(a)(1)(iii)(B);

and, installation for purposes of reclassification

as described in 761.30(a)(1)(iii)(C).

ENHANCED ELECTRICAL PROTECTION:

The "PCB Transformer Fires Rule" required the

installation of enhanced electrical protection on

all radial and lower secondary voltage network PCB

Transformers, located in or near a commercial

building, by October 1, 1990. On July 19, 1988

(53 FR 27322) EPA amended the 1985 rule by

allowing the use of nonsidewalk vault, lower

secondary voltage network PCB Transformers in or

near commercial buildings without enhanced

electrical protection until October 1, 1993,

provided EPA is notified as of October 1, 1990. 

These PCB Transformers must then be removed by

October 1, 1993.

On November 26, 1990 (55 FR 49043) EPA further

amended the PCB Transformer Fires rule by allowing

for partial deenergization, i.e., deenergizing

only the faulted phase(s), of certain low voltage

radial transformers. In some circumstances this

may be equivalent to total deenergization of such

transformers in the event of a high current fault. 

See "History of the PCB Regulations" earlier in

this manual for greater discussion on this issue.

PHASEOUT OF LOWER SECONDARY VOLTAGE NETWORK PCB

TRANSFORMERS IN SIDEWALK VAULTS:

The 1985 fires rule prohibited the use of all

network PCB Transformers with higher secondary

voltages, in or near a commercial building, after

October 1, 1990. EPA added to this original

phaseout requirement in the 1988 final amendments

by also requiring that all lower secondary voltage

network PCB Transformers, located in sidewalk

vaults, be removed from service by October 1,

1993.

DISCOVERY OF A PCB TRANSFORMER:
XVIII-4

In the event a mineral oil transformer, assumed to

contain less than 500-ppm PCBs as provided in

761.3, is tested and found to be contaminated at

500 ppm or greater, it will be subject to all of

the requirements for "PCB Transformers." In

addition, efforts must be initiated immediately to

bring the transformer into compliance. The

following is a partial listing of compliance

requirements for newly discovered PCB

Transformers:

(1) Mark/label the PCB Transformer within 7 days

after discovery.

(2) Mark/label the means of access to the PCB

Transformer within 7 days after discovery.

(3) Register the PCB Transformer with fire

response personnel and with the commercial

building owner (if within 30 meters), within

30 days of discovery.

NOTE: Responsible parties should refer to 40 CFR

 761.30 for detailed requirements.

Q1: Are single family residential homes considered "commercial

buildings"?

A1: Commercial buildings are described in the regulations as

including residential properties. However, in promulgating

the 1985 fires rule, EPA was concerned with residential

properties where groups of people live and reside (e.g.,

apartments, hotels, dormitories). Consequently, EPA is

clarifying that the term "residential properties" as used in

the definition of "commercial building" does not include

single family residential homes.

Q2: Is it allowable to send PCB Transformer registration letters

to building managers instead of the owners if there are

multiple owners?

A2: Yes. Registration of PCB Transformers with the property

manager is acceptable when there are multiple owners (e.g.,

condominiums).

Q3: Could you please clarify the term "combustible materials"

and their prohibited storage within "5 meters" of a PCB

Transformer as referenced in the PCB Transformer Fires Rule?
XVIII-5

A3: Although EPA did not specifically define "combustible

materials," examples were set forth in the regulation to

help in understanding what EPA meant by "combustible

material." (See 50 FR 29200.) These combustible materials

include, but are not limited to, paints, solvents, plastics,

paper, and sawn wood. EPA's intent in promulgating this

rule was to prevent the storage of materials near a PCB

Transformer that would start or feed a fire.

The regulation, at 50 FR 29200, specifically requires that

combustible material not be stored within a PCB Transformer

enclosure, or within 5 meters of a transformer enclosure, or

if unenclosed (unpartitioned), within 5 meters of a PCB

Transformer. Wood walls, platforms, and other integral

building structures, even if considered combustible, do not

constitute "stored" materials. Any item "in use" cannot be

considered a stored item within the purview of the rule. 

EPA's intent in promulgating this requirement was to reduce

the risk of fire by mandating that combustible materials

stored near transformers be moved to other locations. Wood

walls, platforms, and other integral building structures, if

they are not "stored" items, do not fall within the purview

of the stored combustible rule.

The 5-meter distance requirement does not apply where

combustible materials are in a storage room adjacent to a

PCB Transformer vault if the common wall between the storage

room and vault is constructed in a manner which would

effectively reduce the risk of the stored combustible

starting or feeding a fire. The purpose of the "5-meter

requirement" is to provide an adequate distance between a

PCB Transformer and stored combustible materials, thus

reducing the potential for these materials to ignite in the

event of an electrical fault or transformer fire, or prevent

a fire external to the transformer from involving the

transformer. EPA recognizes that equivalent levels of

protection can be provided by other means including

separating a PCB Transformer from stored combustibles by a

barrier or enclosure that would contain a fire until it

could be extinguished or until the transformer could be

deenergized. Six-inch-thick reinforced concrete is a

typical 3-hour fire-resistant construction, as specified in

ASTM Standard E119-75; Fire Tests of Building Construction

and Materials, NFPA 251-1972; and Methods of Fire Tests of

Building Construction and Materials, ANSI A2.1-1972. For

PCB Transformer fires, EPA believes that a 2- to 3-hour

fire-rated wall or enclosure constructed of noncombustible

materials, such as concrete, separating a PCB Transformer
XVIII-6

from stored combustibles would present an adequate barrier

to fire. If the wall can accomplish this purpose, the 5-

meter rule does not apply.

The 5-meter distance requirement, although not specified in

the regulation, applies not only to horizontal distances,

but to vertical distances as well, unless the vertical

distance is separated by a continuous, permanent ceiling or

floor. EPA did not intend that a 5-meter distance be

measured through separate and distinct rooms located above

or below the transformer.
XVIII-7
XVIII-8

CHAPTER XIX

PCB NOTIFICATION AND MANIFESTING RULE

Background (page XIX-1)

Tracking System for PCB Waste (page XIX-2)

Notification Requirement

(page XIX-2)

Manifesting of PCB Waste (page XIX-4)

Records and Report (page XIX-7)

Commercial Storage Approvals (page XIX-8)
XIX-1

-PCB NOTIFICATION AND MANIFESTING RULEThe general provisions of the PCB Notification and

Manifesting Rule are outlined in this chapter as well as a

number of common questions and answers that have been raised

since the effective date of the rule (February 5, 1990). 

Readers should refer to the Federal Register of December 21,

1989 (54 FR 52716) for the specific provisions of the final

rule. In addition, readers should be aware that there are

many State programs which impose overlapping transportation,

storage, or disposal requirements on the Federally regulated

PCB disposal community. Compliance with Federal rules does

not provide relief from compliance with State requirements. 

Conversely, compliance with State requirements does not

provide relief from compliance with Federal rules

First, the rule adds to the TSCA disposal regulations a PCB

waste tracking system modeled after the "cradle-to-grave"

tracking system for hazardous wastes under RCRA. At the

heart of the tracking system are the requirements that PCB

waste handlers notify EPA of their PCB waste activities, and

use the RCRA Uniform Manifest (Form 8700-22) in connection

with their shipments of regulated PCB waste.

Second, the Rule requires all persons who commercially store

PCB wastes to obtain an approval from their EPA Regional

Administrators, or from the Director, Chemical Management

Division (CMD)/Office of Pollution Prevention and Toxics

(OPPT) (when they seek approval for commercial storage areas

ancillary to disposal facilities that were approved by

Headquarters). The approval process will enable EPA to

evaluate the qualifications of applicants to engage in the

business of PCB waste storage, and more particularly, to

impose standards relating to closure plans, financial

responsibility, and maximum storage capacity.

BACKGROUND

Congressional oversight committees have probed into several

incidents which the committees believed demonstrated a need

for additional controls to ensure that PCB waste is in fact
XIX-2

properly disposed of at permitted facilities. In

particular, the House Subcommittee on Environment, Energy,

and Natural Resources (Rep. Synar, Chairman) held hearings

in August 1986, and again in April 1987, on PCB disposal

incidents. The testimony elicited at these hearings

highlighted the fact that the national PCB disposal program

lacked a means of tracking PCB waste from the point of

generation to the point of disposal at approved facilities. 

These proceedings also highlighted another shortcoming which

the Subcommittee found to be especially troubling--the lack

of any Agency oversight of the qualifications and activities

of certain PCB waste brokers and others who act as

intermediate storers of PCB waste generated by others. The

Agency was criticized for not having a means of identifying

definitively the intermediate handlers of PCB wastes, and

for not having a means of evaluating the qualifications and

financial responsibility of those who engage in these

commercial activities.

TOPICS ADDRESSED BY THIS RULE

TRACKING SYSTEM FOR PCB WASTE

The rule adopts a tracking system for PCB waste modeled

after the "cradle-to-grave" tracking system for RCRA

hazardous wastes. Specifically, the tracking system

consists of the following components:

A requirement that certain PCB waste handlers

notify EPA of their PCB waste activities, and

receive from the Agency unique identification

numbers;

A requirement that generators of regulated PCB

wastes initiate shipping documents (manifests),

which physically track the waste from the point

of generation to the site of storage and/or

disposal; and

Recordkeeping and reporting requirements that

complete the tracking system and facilitate

enforcement of the PCB disposal regulations.

NOTIFICATION REQUIREMENT: (40 CFR 761.202 and 205)

The notification requirement imposed on PCB waste handlers
XIX-3

is similar to that which EPA requires under the Resource

Conservation and Recovery Act (RCRA) section 3010 for

notification of hazardous waste activities. It is illegal

to engage in PCB waste handling activities unless one has

notified EPA in advance, and received a unique

identification number. The persons who are required to

notify EPA consist of generators, transporters, commercial

storers, and disposers of PCB wastes. To maintain, as far

as possible, consistency with existing RCRA requirements,

the "Notification of PCB Activity" form is similar to the

RCRA notification form. Importantly, PCB waste handlers who

have previously notified and received identification numbers

under RCRA do not need to obtain a new identification number

from EPA under this rule, but they still must notify EPA in

order to confirm the existing identification number. 

Identification numbers issued under this rule will be based

upon the same 12-digit numbering system (DUNS) which RCRA

uses to designate hazardous waste entities.

The rule differs slightly from RCRA in that it requires only

a limited class of PCB waste generators to notify EPA and

obtain unique identification numbers. The generator

notifications are limited to the generator-owned or operated

storage facilities that are subject to the TSCA storage

facility standards (761.65(b) and/or (c)(7)) for PCB waste. 

The purpose in designating this class of facilities is to

focus on those larger volume users, owners, and processors

who store PCB waste which they generate and may be expected

to utilize PCB disposal services on a fairly regular and/or

large scale basis. For the generators exempted from

notification, this rule specifies a generic identification

number (40 CFR PART 761) for use on their manifests.

This rule treats notification by transporters and commercial

storers and disposers of PCB waste like they would be

treated under RCRA. All such facilities are required to

notify and receive from EPA unique identification numbers as

a condition of doing business. 

Q1: Are transfer facilities required to notify EPA of their PCB

waste handling activities?

A1: Transfer facilities may hold PCB waste for up to 10

consecutive days to provide trains, trucks and other

transport vehicles the opportunity to unload or transfer the

PCB waste to the next connecting transport vehicle. If the

waste is held for more than 10 consecutive days, then the

facility becomes a commercial storer subject to the

notification requirements (§761.205), the storage area
XIX-4

requirements (§761.65(b)), and the requirements associated

with obtaining commercial storage approval (§761.65(d)-(h)).

Q2: Does the EPA have to be notified when fluorescent light

ballasts are removed from a building?

A2: No. If the business does not conduct any other PCB handling

activities, they need not notify EPA under the PCB

regulations, but you must notify the NRC pursuant to CERCLA

if more than 1 lb. of PCBs is involved. 

Q3: If we have an existing RCRA EPA identification number, do we

need a different TSCA identification number?

A3: No. You may use your RCRA number but still must notify EPA

under TSCA in order to confirm that number. EPA must

confirm that number before you may commence any PCB waste

handling activity. 

MANIFESTING OF PCB WASTE: (40 CFR 761.207-211, 215 and 218)

The centerpiece of the tracking system for PCB waste is the

requirement that all who handle regulated PCB wastes use

shipping documents known as manifests to track the movement

of PCB waste from the point of generation to the point of

delivery to off-site storage or disposal facilities. The

generator bears the primary burden of preparing the

manifest, which at all times physically accompanies the

waste to its destination.

Most importantly, the manifest establishes a paper trail of

accountability that documents each waste handler's

completion of his responsibilities with regard to the waste. 

Each person (generator, transporter, etc.) who handles the

waste must obtain the signature of the next person in the

chain of distribution, and he must keep a copy signed by the

"next-in-line" handler in his files as a record of his

involvement with the waste shipment. Finally, an additional

copy signed by the storage or disposal facility designated

on the manifest is returned to the generator who initiated

the shipment, signifying the successful completion of the

waste delivery transaction. In effect, the manifest serves

notice of the types and quantities of waste being shipped;

it creates a paper trail documenting that the waste was

properly delivered; and it is a source of information for

other records and reports that summarize a facility's

overall waste activities.
XIX-5

EPA is requiring that the same manifest document used in

connection with RCRA hazardous waste--the Uniform

Manifest--be the shipping document for tracking PCB waste. 

The existing Uniform Manifest is designed to elicit basic

information identifying the persons handling the waste, as

well as the nature and quantity of the waste. This format

lends itself well to the tracking of PCB waste. 

The rule requires that manifests be used in connection with

the off-site transport of PCB wastes at the 50 ppm or

greater level (see 761.207(j) for a discussion of

manifesting and anti-dilution). The 50 ppm threshold for

manifesting matches the existing cut-off for the disposal of

PCBs under the TSCA PCB regulations. The 50 ppm threshold

also corresponds to the level at which a number of States

require manifests under their hazardous waste programs, and

it corresponds to the level at which disposers are currently

requiring manifests as a means of limiting their

liabilities.

Q4: When states require the use of a manifest for shipping PCB

waste, which form should I use?

A4: If both the consignment state and the generator state

require the use of a specific manifest for use in their

state, the PCB rules require that the consignment state's

manifest must be used. EPA suggests that both manifests be

prepared, but only the consignment state's manifest be

retained in the TSCA annual PCB records, when any state is

unwilling to use a form of manifest used in another state.

Q5: Do I need to manifest drained PCB-Contaminated Transformers?

A5: No. Since drained PCB-Contaminated Transformers are not

subject to the disposal requirements of Subpart D, 40 CFR

Part 761, they are not subject to the manifesting

requirements.

Q6: If a generator owns two storage facilities which have

different EPA identification numbers and ships PCB waste

from one facility to another for purposes of consolidation,

must the waste be manifested?

A6: No. The PCB waste has not left the generator's control and,

therefore, need not be manifested at this time.

Q7: I own a transformer service shop. Am I considered the

generator of the residual oils that are collected during

repair and servicing operations?
XIX-6

A7: Yes. You are the generator of this waste because you have

physical control of the equipment when the oil was removed. 

If the residuals were generated on-site at the owner's

facility, the owner would be the generator of this waste.

Q8: A transformer is shipped off-site for purposes of inspection

and repair. It is determined by the repair shop that the

cost of repair would exceed the cost of replacing the unit. 

The repair shop contacts the owner of the unit for

instructions on how to proceed and is instructed by the 

owner to dispose of the unit. Who is the generator? If it 

is the repair shop, how would the transformer show up on the

annual records of the original owner and how would the 

original owner ensure receipt of a Certificate of Disposal 

(CD)?

A8: The repair shop is the generator of the waste (i.e.,

transformer) because it "has physical control over the PCBs

when a decision is made that the use of the PCBs has been

terminated and is subject to the disposal requirements,"(40

CFR 761.3 -- definition of "Generator of PCB Waste"). The

day that the original owner made the decision to dispose of

rather than repair the unit is the day the unit is

considered to be "removed from service for disposal." This

information is required to be recorded in the repair shop's

annual document log as per 40 CFR 761.180(a)(2)(ii)(B). The

original owner would not receive a CD because he was not the

generator of the waste, but he could make arrangements with

the repair shop to receive a copy of the CD when the repair

shop gets its copy from the disposer. Likewise, the repair

shop could not "return" the waste oil to the original owner

unless that owner was a commercial storer or disposer who

had notified the Agency of such activities.

Q9: In which of the following situations is a generator required

to make a confirmation telephone call to the designated

facility to confirm receipt of PCB waste?

a. The designated facility provides transportation

services with vehicles owned and operated by them.

b. The designated facility provides transportation through

a wholly-owned subsidiary.

c. Through a contract with the generator, the designated

facility is responsible for the transportation and

chooses an independent company.

A9: The only time a confirmation telephone call need be made is
XIX-7

when an "independent transporter" is used. Section

761.208(a)(4). Therefore, in situations "a" and "b" a

confirmation call would not be needed and in situation "c"

one would. 

Q10: When completing the manifest form, can the weight in

kilograms be entered in the space provided in item 14?

A10: Yes. The instructions for filling out the Uniform Hazardous

Waste Manifest allow for the use of various units of

measure; kilograms is one of those units. DOT currently has

no rule that limits the unit of measure to only gallons or

pounds.

Q11: Is it mandatory to use the waste codes "PCB 1" and "PCB 2"

on the manifest?

A11: No. The use of these waste codes is intended to facilitate

data exchange among cooperating states and is, therefore,

optional.

Q12: (a) Can estimates for weight be used when facilities do not

have scales to weigh drums? (b) If so, is the difference of

more than 10 percent in weight still significant if the

generator and the disposal firm have reached an agreement

that the disposal firm's weighing will be the accepted

figure?

A12: (a) Estimates may be used. The PCB regulations take into

account that it is not always feasible to weigh the

material. When it is not possible to weigh the material, it

is acceptable either to weigh a 1 gallon sample or estimate

the weight using 12 pounds per gallon of askarel and 8

pounds per gallon for contaminated mineral oil. You must

indicate on the manifest whether the weight is actual or

estimated. (b) There would be no need to submit a

discrepancy report if a weight difference of greater than 10

percent can be reconciled, i.e., it is mutually agreed to

use the disposal firm's scales.

Q13: Who is the generator in the following cases of shipped 

laboratory samples?

a. The laboratory ships the unused portion back to the

person from whom it was originally received.

b. The person submitting the sample for analysis

subsequently ships that sample for commercial storage
XIX-8

or disposal.

c. The sample is manifested by the lab to a disposal

facility.

A13: Laboratory samples are implicitly authorized for use, as

opposed to being under the disposal regulations, and are

considered to remain in use until their use for analysis or

for an enforcement case has ended. Therefore, in case "a"

no one is the generator since no waste is being generated. 

In case "b" the sample is now subject to the disposal

regulations since it is being shipped to a commercial storer

or disposer. In this case then, the person shipping the

sample for storage or disposal is the generator. In case

"c" the sample is obviously no longer in use since the lab

is manifesting it to the disposal facility; the lab is the

generator.

RECORDS AND REPORTS: (40 CFR 761.180, 209, 210, 211, 215,

and 218)

The rule adopts additional recordkeeping and reporting

requirements to complete the tracking system for PCB wastes. 

The rule requires that the manifests themselves be retained

as records by waste handlers (761.209), and it requires

reporting to EPA in the event of irregularities in the

transport of regulated wastes (761.210). In addition, there

are reporting requirements for: unmanifested waste

(761.211), exception reporting -- when the one-year storage

for disposal requirement is breached (761.215), or a

Certificate of Disposal is not received in a timely manner 

by the generator (761.218). These reports depend largely on

information derived from particular manifests.

The rule adds several amendments to the existing PCB

recordkeeping provisions that concern the annual document

requirements for the users, storers, and disposers of PCBs. 

The most significant of these amendments is the requirement

that each disposer and commercial storer of PCB waste submit

by July 15 of each year an Annual Report, which is a summary

of the previous calendar year's PCB activity at the

facility. Section 761.180(b)(3). The report must be

submitted to the appropriate EPA Regional Administrator. 

Chapter XV discusses the new recordkeeping provisions of the

Notification and Manifesting Rule in greater detail. 

Q14: As the ultimate disposer of manifested PCB waste, do I send

the Certificate of Disposal to the generator or to the

commercial storer from which I received the waste directly?
XIX-9

A14: The Certificate of Disposal must be sent to the generator

indicated on the manifest. In the event the storer

generates a new manifest because he consolidates a number of

PCB waste shipments prior to sending the waste to the

disposal facility, the original generator may make

arrangements with the commercial storer to receive a copy of

the Certificate of Disposal. 

COMMERCIAL STORAGE APPROVALS: (40 CFR 761.65(d)-(j))

The rule adopts an approval process for commercial PCB waste

storers. The term "commercial storer" is defined broadly to

mean any facility that stores PCB wastes generated by

others, or that brokers waste generated during electrical

equipment servicing. 

 

The rule allowed existing commercial storers a 180-day

period from the effective date (February 5, 1990), within

which they must have applied for approvals from their EPA

Regional Administrators (or from the Director, CMD/OPPT for

approval of commercial storage areas at disposal facilities

approved by Headquarters). If a facility submitted a

complete application (including but not limited to: identity

of principals and key employees, a list of State and/or

Federal environmental violations occurring over the past 5

years, description of the design and capacity of the

facility, a closure plan, a demonstration of financial

assurance, and a closure cost estimate) by August 4, 1990,

the applicant was granted interim approval to operate until

the facility's application was either approved or denied at

which time interim authorization was terminated. 

The issuance of a final storage approval is contingent upon

the company satisfying the seven criteria in 40 CFR

761.65(d)(2). Among other things, the Regional

Administrator must be satisfied that the applicant is

qualified to engage in the commercial storage business. 

Also, applicants are required to submit acceptable closure

plans and demonstrate their financial responsibility for

closure. The requirement to demonstrate one's financial

responsibility can be satisfied by using one or more of the

financial assurance mechanisms described in current RCRA

regulations for permitted hazardous waste facilities (40 CFR

264, Subpart H). Applicants will also be required to

certify their compliance with the TSCA storage facility

standards, and to estimate the maximum quantities of PCB

waste that will be handled at the facility. 
XIX-10

The final rule contains a small quantity exemption from the

definition of "commercial storer" for facilities that store

less than 500 gallons of PCBs at any time. Such facilities

need not seek approvals to operate under 761.65(b). At the

time of this printing, the Agency is considering proposing a

similar small quantity exemption for solid PCB waste. 

Q15: Does the small quantity exemption for applying for a

commercial storage approval apply only to less than 500

gallons of liquid PCB waste?

A15: In the Federal Register of June 27, 1990, EPA clarified this

exemption by stating that one need not apply for a

commercial storage approval if the facility's storage of PCB

waste at no time exceeds 500 liquid gallons of PCBs. 

Pending publication of a final amendment in the Federal

Register, EPA will not bring enforcement actions against

facilities storing less than 70 cubic feet of solid PCB

waste, provided such facilities notify EPA of their waste

activities and comply with all other TSCA and PCB

regulations.

Q16: I operate the central PCB storage facility which is owned by

and accepts waste from members of our public power

association. Am I considered a commercial storer and

therefore required to submit a commercial storage

application?

A16: No. Storage of one company's PCB waste by a "related

company" is not commercial storage. Therefore, storage

between "related companies" is exempt from commercial storer

status. Storage of any waste generated by a non-affiliated

organization would change this status to that of a

commercial storer. "Related companies" include a parent

company and its subsidiaries, sibling companies owned by the

same parent company, companies owned by a common holding

company and members of an electric cooperative. The test is

whether the "related" companies have a financial or

managerial relationship that would provide for a mutual role

in the financial assurance for the storage area. By this

definition, companies are not related if they merely belong

to the same trade association.

Q17: Would all Department of Defense (DOD) facilities be

considered "related" under this rule?

A17: Yes. DOD facilities are considered related so there will be
XIX-11

no commercial storage involved when one DOD facility stores

PCB waste that is generated by another DOD facility. 

However, storage of PCBs at a DOD facility generated by

another Federal, State, or local government

departments/agencies, or other (i.e., private) facilities

will constitute commercial storage.

Q18: Are independent laboratories required to get commercial

storage approval?

A18: No. As long as they are independent (i.e., separate from

any firm whose activities involve PCB waste handling) and

store their waste in an area that complies with 40 CFR

761.65(b)(i)-(iv), such facilities are not required to get

commercial storage approvals.

Q19: A power marketing agency has contracts with its customers to

operate and maintain equipment that the customer owns. The

agency may operate a customer's equipment located either on

the customer's property or the agency's property. Is the

power marketing agency a commercial storer if it stores PCB

waste owned by its customers?

A19: Yes. The power marketing agency is providing a service for

a fee. That is not the same interwoven managerial or

financial interest that exists between electrical

cooperatives, sibling corporations, or other relationships

where there would be a mutual role in financial assurance

for the storage area.