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# WEDNESDAY, JUNE 7, 1978 

# PART III



# ENVIRONMENTAL PROTECTION AGENCY



# •

POLYCHLORINATED BIPHENYLS (PCBs)

Manufacturing, Processing,

Distribution in Commerce, and Use BansHeinOnline -- 43 Fed. Reg. 24802 1978 finds that it will not present an unrea- sonable risk of injury to health or the environment (sec. 6(e)(2)(B». If he makes such a finding, the Administrator may authorize the activity to con- tinue until January 1, 1979, for manu- facturing, or until July I, 1979, for processing and distribution in com-
merce. A nontotally enclosed use may be authorized for whatever period the Administratorfinds appropriate•

Section 6(e)(3) of TSCA bans any manufacture ofPCB's afterJanuary 1, 1979, and any processing and distribution in commerce of PCB's after JUly 1, 1979, even if authorizations for these activities had been previously promulgated. However, the ban on distribution in commerce does not apply to PCB's sold before July 1, 1979, for purposes other than resale. Upon petition, the Administrator may grant ex- emptions which would allow specific activities otherwise banned by section 6(e)(3) to continue if he finds, in each case, that there will not be an unrea- sonable risk associated with continuing the activity and thatgood faith efforts have beenmade to develop a substitute for PCB which itself does not present an unreasonable risk. Theso exemptions an be granted for only one year at a time and may be conditioned by requirements the Administrator finds necessary,

The term "authorization" is used throughout this rulemaking whenever reference is made to exceptions to the "totally enclosed manner" requirements (section 6(e)(2», while the term "exemption" is used only in referenco to exceptions to the 1979 bans (section 6(e)(3». These are the terms used in TSCA, and their use here reflects tho statutory differences between these two types ofexceptions.

Section 3(7) ofTSCA defines "manufacture" to include importation. ThUS, nontotallY enclosed importation is banned after the effective date ofthis regulation, unless authorized by EPA, and any importation is banned nIter January I, 1979, unless EPA grants an exemption.

Section 12(a)(1) ofTSCA states that if a substance, mixture, or article is manufactured, processed, or distributed in commerce for export, and is so labeled, it is not subject to other sec- tions of TSCA unless the Administra-

. tor finds that it "w111 present an un-

reasonable risk of injury to health within the United States or to the en- vironment of the United States." In other words, in the absence of such a finding by the Administrator under section 12(a)(2), PCB's could be manu- factured, processed, or distributed in

commerce for export. However, a finding of unreasonable risk has been madeby the Administratorso thatthe manufacture, processing, and distribUtion in commerce of PCB's for export will be prohibited (see Section VII of this Preamble). 

### PROPOSED RULES
ing holidays. Hearing transcripts and other hearing materials will be added to the record as theybecome available.

Compensationforparticipation. For persons meeting certain requirements, compensation for participation in these proceedings is available. EPA's temporary rule regarding compensation can be found in 42 FR 60911, November 30, 1977. Copies of this rule

are available from the Industry Assist-

ance Office, Office of Toxic Substances (T8-793), Environmental Protection Agency, Washington, D.C. 20460. Copies may also be requested by calling EPA's toll free number, 800- 424-9065 (in Washington, D.C., 554- 1404). Persons who have questions about this program (other' than re- quests for copies ofthe rule) may call

or write William F. Pedersen,' Jr., Office of Generald Counsel (A-130), Environmental Protection Agency, Washington, D.C. 20460, 202-426-0508.

A Support Document/Voluntary Draft Environmental Impact Statement contains background information on PCB's, information on the risks which PCB's present to health and the environment, analyses of the economic'impact of the rule, support for the regulatory actions proposed, discussion of the alternatives considered, and the list of documents con- tained in the official record of rulemaking. This Support Document can be obtained from the Indutry Assist-

ance Office, Office of Toxic Substances (T8-793), Environmental Prdtection Agency, 401 M Street SW., Washington, D.C. 20460, 800-424-9065 (inWashington, D.C., 554-1404).

EPAheld meetings July 15, 1977, in Washington, D.C., and July 19, 1977,' in Chicago. The public was invited to

. provide information and comment relevant to this rulemaking. A notice of these meetings, including a discussion of some issues 'for consideration, was published in the FEDERAL REGISTER on June 27,1977 (42 FR 32555). Manufacturing, Processing, Distribution in

•Commerce, and Use Bans AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of informal hearing.

- SUMMARY: This proposed rule is designed to implement provisions of the Toxic Substances Control Act (TSCA) prohibiting the manufacture, processing, distribution in commerce, and use of polychlorinated biphenyls (PCB's), and to provide several limited exceptions to these general prohibitions for activities which will notpresent anun- reasonable risk of injury to health or the environment. DATES: Written comments preferably in triplicate must be received prior to the close of business August 7, 1978. Hearing date and time: August 21, 1978 at 10 a.m. Requests to participate in the hearing must be received prior to close of business on July 31, 1978. For persons meeting certain requirements, compensation for participation in these'proceedings is available. See SupplementaryInformationbelow.
ADDRESSES: Send comments to: Office of Toxic Substances (TS-794), Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460, Attention: Joni T. Repasch. Hearing will be held at EPA Headquarters, Room 2117 (address above). Address requests to participate to Joni T. Repasch (address above).
FOR FURTHER INFORMATION CONTACT:

Peter P. Principe, Office of "Toxic I. SUMlIIARY OF APPLICABLEPROVISIONS SUbstances,(TS-794), Environmental OFTSCA ' Protection Agency,

.. 401 M Street Section 6(e)(2) of TSCA bans the SW., Washington, D.C: 20460, 202- manufacture, processing, distribution. 755-0920.

. in commerce, and use ofPCB's in any SUPPLEMENTARY INFORMATION: manner which is not a "totally en- The EnvironmentalProtectionAgency closed manner" after January 1, 1978. proposes this rule pursuant to the au- The term "totally enclosedmanner" is thority of § 6(e) of the Toxic Sub- defined in section 6(e)(2)(C) 'as "any :;;tances Control Act (Pub. L. 94-469; 90 mannerwhich will ensure that any ex- Stat. 2003; 15 U.S.C. 2601 et seq.,**h~re-** posure of human beings or the enviinafter referred to as TSCA). The pro- ronmentto a polychlorinatedbiphenyl cedures for rulemaking under § 6 of will be insignificant as determined by TSCA (40 CFR Part 750), 42 FR 61269 the Administrator by rule." The Ad- (December 2, 1977), will be followed. ministrator therefore must decide The officialrecord ofrulemakingis 10- what constitutes an insigriificant expocated in Room 520, East Tower, Envi- sure to PCB's so that he can distinronmental Protection Agency, 401 M' guish between totally enclosed and Street SW., Washington, D.C. 20460, ' nontotally enclosed activities. The Ad202-755-1188. It will be available for ministrator may authorize nontotally viewing and COpying from 9 a.m. to 4 enclosed manufacturing, processing, p.m., Monday through Friday, exclud- distribution in commerce or use if he 

### 24802

[6560-01]


### ENVIRONMENTAL PROTECTION AGENCY

[FRL'886-6]

[40 CFR Part 761]

POLYCHLORINATED BIPHENYLS (PCB's)

FEDERAL REGISTER, VOL. 43, NO. 11O-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24803 1978 

## n. RELATION OF THE PRoPOSED BAN

RULE**~o** THE DISPOSAL AND MAmaNG

. RULE
This proposed rule is the second issued under section 6(e) of TSCA. Section 6(e)(!) requires EPA to pro-

-mulgate rules governing the disposal and arking of PCB's. This rule was publishedonFebruary 17,1978 (43 FR 7150), as Part 761 of Title 40 of the Code ofFederalRegulations. This proposed ban .rule would implement section 6(e)(2) and secti6n 6(e)(3) of TSCA. When promulgated, this rule will be added to Part 761. An effort has been made to avoid needless repetition of provisions of the Disposal and Marking .rule. Definitions used in this proposal that have already been promulgated are not repeated here. Where a change in the Disposal and Marking rule is proposed, the entire paragraph affected by this change appears here. The changes to theDispos· al and Marking requirements reflect the proposed change to the definition of "PCB Mixture" which, if adopted, would extend these requirements to certain materials not currently covered. A notice containing corrections and clarifications of the final PCB Disposal andMarkingrule will bepub· lished in the FEDERAL REGISTER shortly.

IlL SUMMARY OF THE RULE

This section provides an overview of the a.rra.ngement and contents of the rule. Individual parts of the rule are -discussed in more detail in section IV ofthis Preamble.

§ 761.1-AppZicabiZity. This section reflects the proposed addition of the section 6 (e)(2) and (e)(3) prohibitions to Part 761. The only substantial change proposed in this section from the presentregulation is the exclusion ofthe manufacture, processing, distribution in commerce, and use of small quantities of PCBs for research and development from the requirements and prohibitions contained in §761.30.

§ 761.2-Dejinitions. The existing definitions of "PCB(s)" and "PCB Mixture" have been modified. EPA proposes to decrease the lowerlimit of. the definition of a "PCB Mixture" from 500 ppm to 50 ppm PCB and to add,the term "PCB Sealant, Coating,

or Dust Control Agent" (which is a newly defined term) to the existing definition of "PCB(s)". Nine new defi· nitions havebeenadded. •

§ 761.10-Disposal requirements. In response to the proposed change in the definition of PCB misture, a methodis proposed for the disposal of transformers

.that contain dielectric flUid withless than 500ppmbutgreaterthan orequalto, 50ppmPCB.

§ 761.20-Marking requirements. PCB transformers in which the dielec· tric fluid contains less than 500 ppm
arenotrequiredtobemarked. PROPOSED RULES

§ 761.30-Prohibitions. This section**~estates** the manufacturing, processing, distribution in commerce, and 

### use bans contained in §BCe) 

### as described above. It also includes the Adminlstrator's findings that: (1) the manufac· ture, processing, and distribution In

commerce for export ofPCB's pose an**unr~asonable** risk; and (2) thatthe distribution in commerce and 

### use of 

### certain transformers and capacitors is 

### totally enclosed.

§ 761.31-Authorizations. Thefollowing authorizations for continuation of nontotally enclosed activities are pro- posed: servicing of transformers, processing and distribution In commerce ofPCB dielectricfluid for transformer servicing, use ofrallroad transformers,

use of mining machinery, processing and distribution in commerce of PCB fluid for rebuilding continuous miner motors, use of hydraulic die casting systems and use of PCB carbonless copy paper (See Figure 1.). The term "Transformer" refers to transformers not used on rallroad locomotives and self-propelled 

### cars. transformers used

on locomotives and self-propelled 

### cars
are referred to as "Railroad Transformers." The use authorizations 

### expired five years after the effective date of the rule. The need for some authorizations will have endedby that time and others may require modification to reflect new circumstances. At that time, EPA will reevaluate the needforthe authorizations.

FIGURE 1

•SUJoDlARY OF PROPOSED A11TIIOlUZATlONS

Authorization andExpiratfon Date

a. Trnnsformers·Use (Servicing),' 5 years aftertheeffective dateoftherule.

b. TransformerDIelectricFluld·ProcessIng andDistributionin Commerce,'July I, 19'19; yearlyexemptionrequiredthereafter.

c. RaIlroad Trnnsformer·Use,' 5 YC3lS afterthe e!!ectl\'e dateoftherule.

d. MIning Equipment-Use,' December 31, 1981, for both continuous mIners and load·

ers except that 12 months after the e!!ectIve date ofthe-rule therecanbenorebuild· ingofmInermotors.

, e. Mln1ng EquJpment-Processlng and DistrIbution In Commerce,'JuJy 1, 19'19; Ycm'ly exemptionrequiredthereafter.

f. Hydraullc Die Casting System·Use, 5 years afterthee!!ectlve dateoftherule.

g. Carbonlcss Copy Paper·Use, 5 years afterthe e!!ectl\'e date oftherule.

Since intact, nonleaklng transform·

ers and capacitors are considered totally enclosed, authorizations are not needed for the distribution In commerce and use (except servicing) of intact, nonleaklng transformers (exceptthose used onrallroadlocomotives and self-propelled cars) and intact, nonleaklngcapacitors.

'These authorizations permit non·totallY enclosedservicing. However, companies who service articles owned by others must meet the exemption requirements explained in sectionIV-FofthisPreamble. 

### 24803

AN1'iEXVll §'1tll.46-ContingencyPlansforPCB Exposures and Spills. This sectionproposes requirements for the content, avallablllty,'and use of 

### a. contingency plan for the prevention and control of PCB exPosures and spills. Plans would be required for those activities which

are grantedauthorizations.



# . IV. DISCUSSION OF

### nn: PROpoSED R'tlI.E

A. Al'I'LICABILITY The proposed rule would

-apply to any person who manufactures, processes, distributes in commerce, oruses PCB's. The term "PCB(s)" includes the chemical substances themselves; any mixture containing 50 ppm or
more ofa PCB chemicalsubstance; articles whose interior surfaces are in contact with PCB substances or PCB mixtures necessary to the function of the article (e.g., small capacitors); and any container which holds PCB chemical substances, mixtures or articles and whose interiorsurfaces are in contactwithPCB chemical substances

ormixtures notnecessary to the function of the article or container (e.g., pipes and drums). This rule wouldnot applyto ''PCB Article Containers".

Most PCB's currently In setvice are used in-electrical transformers and ca- pacitors. Therefore, this rule would apply to persons who manufacture. sell, transport, use, service, or repair electrical transformers and capacitors. Electric utllltles and other businesses which own or operate large electrical transformers or capacitors (e.g., in buildings and In rallroad equipment) would be subject to the rule. Persons who manufacture or distribute equipment containing PCB capacitors such


### as televlslons, "lllicrowave ovens, lighting equipment, and air conditioners also would be subject to the rule. AccordinglY, new PCB equipment cannot besoldafterJuly I, 1979,

### unless an

### exemption is granted by EPA after receiving a petition (see section IV-F of this Preamble). Once equipment containing totally-enclosed PCB's has beensoldto theultimate consumerfor personal use, there 

### can be subsequent sale of the equipment as a used item to anyone by anyone. EPA invites comment on this matter. Manufacturers, owners, operators, and servicers of hydraulic and heat transfer systems containing PCB's (e.g.• die castingmachines and mining equipment) also would be affected by this rule. Althoughmosthydraulicandheattransfer systems are no longerrefilled with PCB's, many are still contaminated with residual concentrations ofPCB's.

PCB's also have beenwidely used as plasticizers, specifically as additives to products such as paints, inks, adhesives, sealants, textile coatings. and certain plastic products. Although mostdomestic sales ofPCB's forthese

FEDERAL REGISTER, VOL 43, NO. llO-WEDNESDAY, JUNE**7~** 1978HeinOnline -- 43 Fed. Reg. 24804 1978 

### 24804

uses were discontinued in 1971, many of the PCB's so used in the past will 

### continue to exist in commerce as a result ofrecycling and the long life of sealants, paints, and the other products containing PCB's. Therefore, this rule may affect persons who recycle, process, or otherwise use products such as waste oll, sludges, contaminated rags, soil, pipes, and any 

### itema coated with PCB-impregnated substances.

. -

Similarly, this rule would apply to certain activities involving the opere ation of equipment which previously held PCB's and which still contains PCB concentrations of 50 ppm or greater, such as refilled transformers, and refilled hydraulic systems and heattransfersystems.

This rule would apply to owners of electromagnets containingPCB's. EPA requests comments and data on the number of such magnets and the amount of PCB exposure to humans and the environmentthatresults from their use and maintenance. Compressors used in natural gas 

### pipelines would also be covered by this regula- tion. Comments are requested on the number of stich compressors, the amount of human and environmental .exposure that results from their use and maintenance, and the economic impactofnotauthorizingtheiruse.

The proposed rule would not apply to sewage sludges, dredge spoils, and spillmaterials which containless than 60 ppmPCB. Thesemixtures areregu· lated under other statutes adminis· tered by EPA. The omission of these mixtures fromthis regulationdoes not

. mean that EPA believes that control of such mixtures with less than 50 ppmPCB is unnecessary. ,

The manufacture, processing, distri

### bution in commerce, use, and disposal of small quantities of PCB's used 

### for research and development would be 

### excluded from the requirements and prohibitions of§

### 761.30. This 

### exclusion

, is proposed so thatlaboratory quantities of PCB's needed for health research and analytical purposes, canbe available. The proposed quantity restriction discussed in 

### section B, below, is intended to provide an adequate safeguard against the abuse of this provision.

NOTE.-If 

### a person other than the

owner ofa television set, computer, or other PCB equipment replaces a PCB capacitor with another PCB capacitor while repairing the equipment and charges the owner for that capacitor, this transaction is 

### considered distribution in commerce of PCB's. Since the replacementcapacitor is 

### consideredby EPA to be totally enclosed, this distri· bution in commerce does not need an authorization to continue' through July I, 

### 1979. However, since all 

### distri· bution in commerce (except that coy· ered by section 6(e)(3)(C» is banned

to PROPOSED RULES



### afterJuly 1, 1979, unless anexemption. manufacturing processes. With**c~eful** 

### is granted by EPA, persons who servo manufacture, such compounds will ice or repair PCB equipment for containless than 50 ppm ofPCB. others by installing replacement PCB (3) All ofthe diffuse and extremely capacitors must petition EPA for an numerous PCB sources of concentrn· exemption, as explainedin section IV- 

### tions below 50 ppm cannot practically 

### F ofthis Preamble; Since the replace- be dealt with by EPA. A cutoff of 50 ment of PCB capacitors should be a ppm has the advantage of limititlg relatively infrequent repair and since EPA administration and enforcement non-PCB capacitors maybe able to re- to a manageable number of PCB place PCB capacitors when they do sources, thus ensuring the maximum fail, the TSCA requirement that EPA effectiveness of;theregulation. grant exemptions-forthe continuation (4) Other stdtutes are available for ofthis activity may not'be as burden· regulation ofmixtures containing less

some asitmayinitially appear. than 50 ppm of PCB, particularlY for such sources as municipal sludge and
B. DEFINITIONS 

### dredge spOils. The proposedregulation With the exception of "PCB(s)" and underTSCAwouldnotpreemptnction "PCB Mixture", the definitions ofthe by EPA or other Federal agencIes to Disposal andMarketingrule are appli. control such mixtures under these cable withoutchange to this proposed statutes. rule. The proposed definition, therefore,**"PCB(s)'~** 

### The existing definition of is designed to focus Agency attehtion "PCB(s)'" includes "PCB Chemical underTSCAuponthe most**sI~Icnnt** 

### Substance", "PCB Mixture", "PCB Ar. 

### and controllable sources ofPCB expo· ticle", "PCB Equipment", and "PCB sure. EPA recognizes the difficulty of ' Container". EPA proposes to add the selecting a cutoff level for regulation term "PCB Sealant, Coating, or Dust of PCB's and will revise the level ControlAgent" to this definition. This 

### either upward or downward from 50 is 

### a newly defined term discussed in ppm, if 

### appropriate, based on informa· detail below. The effect of this addi. tion supplied during the rulembkIng tionwouldbe torequire thatPCB sea. on this rule. Other higher and lower lants, coatings,' and dust control levels have already been suggested, Inagents be disposed of in accordance cluding concentrations of 10 ppm and with §761.10, 

### be marked in accordance 1 ppm. These and other suggested al· 

### in the §

### 761.20, and be used only as tematives will

### becarefully evaluated. permittedby §

### 761.30 and §

### 761.31. PCB's are ubiquitous in the environ·

"PCB Mixture". 

### EPA proposes to ment. As 

### a result of manufacturing, d#ine PCB mixture as any mixture processing, use, and disposal activIties containing 50 ppm or more of PCB during the past 50 years, PCB's have chemical substance. Thi'i 

### would have been introduced into many commer· the effect of banning manufacture, cial products, into byproducts and processing, distribution in 

### commerce, waste materials, and into environmen· and use of all 

### mixtures containing 50 tal 

### mediaincluding air, water, and soil. ppm or greater ofPCB chemical sub· EPA believes that it canfeasiblY regu· stance in a nontotally enclosed latethe introduction ofPCB's intothe manrierunless authorized. In 

### addition, environment atthe 50 ppmPCB level. EPA proposes to extend the marking EPA also believes that the regulation and disposalrequirements in Subparts of materials containing less thnn 50 B 

### and C now applicable only to mix- ppm PCB would, in- many instances, tures containing more than 500 ppm constitute an effort to regulate PCB's ofPCB to mixtures containing50 ppm which have alreadY been introduced

orgreater ofPCB. The prohibitions of into the environment. Even in those §

### 761.3lJ would also apply to all mix- 

### cases where material containing less tures containing' 50 ppm or greater of than 50 ppm PCB enters the environ· PCB. The proposal to regulate only ment as "new" PCB's, EPA does not those mixtures containing 50 ppm or believe it is 

### feasible to control the die

more ofPCB was selected for the fol· verse number of items with SUdh low lowingreasons: concentrations of PCB's. However,

(1) 

### A cutoffof50 ppm or greater of waste oll used as a sealant, coating, or PCB will 

### excludefrom therule munic- dustcontrol agentwith a PCB**c~lOcen·** 

### ipal sludges and other mixtures con- tration lowerthan 50 ppmwill be subtaining low (less than 50 ppm) levels jecttoregulation.

. ofPCB's whose'presence is 

### due 

### to am· In 

### the PCB Disposal and Mnrlililg' 

### bient levels ofPCB present in the air rule, EPA proposed a concentration of

orwater. The PCB's containedin such 500 ppmPCB. Afterthe rule had been mixtures are affected by ambient proposed, however, EPA learned that levels and cannotbe attributed to any 

### many materials, including some gener- discrete source of contamination, and ated in large amounts, may contain thus are less amenable to preventive PCB's at levels well above general en· measures.

. vironmentallevels butbelow 500 ppm.

(2) Certain organic compounds may For example, while carefullymanufaccontain trace amounts of PCB's de- tured organic Chemicals may contain spite the use of carefully controlled '. as much as 25 ppm PCB,'process

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY,**JU~E** 7, 1978HeinOnline -- 43 Fed. Reg. 24805 1978 upsets may result in production of batches that contain concentrations higher than 50 ppm. Municipal sewage sludge may contain relatively high concentrations of PCB's if a quantity of PCB's has been introduced into the

sewer system. Dredge spoils from some rivets may contain more than 50 ppm PCB. Where PCB spills occur, both soil and clean·up materials may be contaminated with PCB's. Taking such considerations into account, EPA is

now proposing 50 ppm PCB be set as the lower limit ofits definition ofPCB mixtures. EPA specifically invites com·

_ments and data onthe extent to which

this proposal (or a lower limit for the definition of PCB mixture) will affect persons involved in manufacture, processing, distribution, use, and disposal of PCB's, and whether this is the appropriate concentration at which to make the distinction described above. As stated above, if written comments

or testimony at the public hearing indicate that either a higher or lower concentration is more appropriate, that concentration will be adopted in the final rule.

EPA wants to emphasize that the rule proposed today does not preempt

more stringent requirements that may be placed in dredging permits and in any other regulatory tools employed by EPA in controlling the release of PCB's. In particular, ifthere is a risk that materials such as dredge spoils or sewage sludge will be deposited in water or where they can be carried into water, stricter controls than specified in these regulations may be appropriate. Water has been the most significant pathwaY for PCB contamination, and serious environmental damage can be expected to result from the deposit in or near water or material containing PCB's even in low con- centrations. This is particularly true for dredge spoils and sewage sludge. given the huge quantities of these ma- terials that may be generated.

EPA Regional Offices making decisions on permits for dredge and fill disposal under §404 of the Federal Water Pollution Control Act (FWPCA), discharge permits under the FWPCA, dumping permits under the Marine Protection, Research and Sanctuaries Act of 1972, or exercising any other relevant authority, will be expected to take such factors into 

### account and to regulate PCB's at levels below 50 ppm under that other au- thority, wherever appropriate.

"Manufacture and Process for Commercial Purposes". Tbe proposed rule applies to manufacturing (including importation) and processing which is performed for commercial purposes. "Commercial Purposes" means for distribution in commerce, including for test marketing purposes, and for use by tbe manUfacturer, including for use
as a chemical precursor. By restricting PROPOSED RULES

the scope of the definitions of "manufacture" and "processing" found in TSCA to apply 

### to only those activities that are considered "for commercial purposes"

, EPA would not regulate certain activities such as the manufacture of a chemical that results in an unintentional PCB impurity. However, because the proposed rule prohibits the distribution in commerce of PCB mixtures, the product would have to be processed to reduce the PCB con- centration 

### to below 50 ppm before distribution in commerce. The proposal woUld also permit the processing of products and plant wastes to concen- trate PCB's ifthe purpose is to dispose of the PCB's and reduce PCB concen- trations in the final product.

"PCB Sealant, Coating, and -Dust ControlAgent". Sealants, coatings, and dust control agents made from waste oil are often contaminated With PCB's and, because of their particular uses, these PCB's are quickly introduced directly into the environment. For ex- ample, waste oil is frequently used-as a coating for roads, WhiCh have welldrained surfaces whose run-off frequently goes to municipal treatment plants or rivers and streams. In addition, although the PCB concentration is low, the large volume of oil that is usedresUlts in a large qUantity ofPCB entering the environment. Because the PCB's in waste oil can so· easily find their way into the. environment through these uses, the EPA is proposing that waste oil containing any amount of PCB contamination shall not be used 

### as a sealant, coating, or dust control agent. Waste oil containing less than 50 ppm may still be used

as a fuel, as a feedstock for re-refining,

or. any other use except as a sealant, coating, or dust control agent.

EPA is concerned about the use of waste oil for space heating since ambient emissions of PCB's are likely to result. Cominents are requested on whether EPA should include waste oil containing less tban 50 ppm PCB Within this definition, thereby forbidding this use. Comments are also re- quested on the economic impact of such an action.

"Sale for 'purposes Other than Resale". The law exempts any PCB sold for purposes other

-tban resale before July 1, 1979, from the total prohibition on any distribution in com-
merce. "Sale for Purposes Other than Resale" is defined as sale for purposes of disposal, for purposes of research and development, and for purposes of

use by the purchaser. In addition, PCB equipment which is leased before July 1, 1979 for a period of no less than one year will be considered sold for purposes other than resale. The sale will be considered to have oc- curred as of the date of the signing of the lease. This "sale for purposes other than resale" provision does not 

### 24805

apply to sales to or by retailers or pet·

sons who service and repair PCB articles and PCB equipment owned by, others. These persons clearly purchase PCB's with the intent of reselling them.

The use, finished product, Or equipment, would be subject to applicable regulations. This provision of TSCA allows the continued distributIon in

commerce and use of PCB's in a totally-enclosed manner <or in accordance with an authorization or exemption), rather than forcing them into immediate disposal, causing possible adverse economic consequences. For example,

a person (includfng dealers) may resell

0 a used television iristead ofthrowing it away. Furthermore, this provision woUld permit tbe sale for diSposal, provided other applicable requirements ofthe rule are notviolated.

"Significant Exposure" and "Totally Enclosed Manner". TSCA prohibits the manufacture, processing, distribu· tion in commerce,. or use of any PCB

on or after January 1, 1978, in other than a totally-enclosed manner. TSCA defines "totally-enclosed manner" as any manner which will ensure that any exposure of human beings or the environment to PCB's will be insignificant. TSCA section 6(e)(2)(C) requires the Administrator to determine by rule what constitutes insignificant ex- posure. EPA proposes to define "insignificant exposure" 

### as no exposure; i.e., anyexposureo! human beings or the environment to PCB cbemical substances or PCB Inixtures is significant.

EPA considered. a finite concentration as the demarcation between "sig· nificant" and "insignificant exposure". The chief reason Jor not taking this approach, however, is that there simply is no rational basis for selecting any particular exposure level above

zero for the purposes of this regulae tion. PCB's are extremely persistent and ubiqUitous in the environment, bioconcentrate and bioaccumulate within many- organisms, induce a variety of adverse effects in humans and laboratory mammals, and possess no known "no effect" level for some of these effects. Based on the existing information on the environmental·risks associated With exposure to PCB's (summarized in the Support 

### Docu· ment), it is apparent tbat there is no finite level at· which continUing re- leases into the environment-eQuId be regarded as insignificant. Accordingly; the Administrator has determined that anY exposure· to PCB's is significant and shall not be permitted unless explicitly authorized or exempted.

This determination shoUld not be construed as an expression of EPA policy regarding acceptable or allowa· ble exposure to all-toxic substances; rather, it is intended to provide, for EPA and persons who would be affected by this rule, a clear distinction be·

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24806 1978 

### 24806

tween activities that will and will not be considered "totally enclosed". It is not a determination that any exposure to

.PCB's**~presents** 

### an unreasonable risk. EPA's determinations of which non-totally enclosed activities will be allowed to continue will be based on, judgments of whether they pose unreasonable risks to health and the environment, taking into account the factors enumerated in section 6(c)(1)., Thus, the finding that any exposure to PCB's is significantserves simply to define any activity that emits or dis

### charges PCB's as not "totally enclosed:' In

### turn, any PCB activity that is not "totally enclosed" is banned unless the risk associated with that ac

### tivity is determined to be reasonable. If 

### EPA finds that a PCB activity does not present an unreasonable risk, EPA may authorize orexemptthat activity.

This determination is not, as it may seem, inconsistent with the fact that the Agency has proposed a finite concentration of PCB's (50 ppm) in the definition of PCB mixture. Although any exposure to PCB's is significant, it would be impossible to impose regula- tions applicable to the use of air. water, soil, and everything else that may containlow levels'ofPCB's. Exposure of human beings or the environment to PCB's will be assumed to exist if 

### any PCB's are detectedby any scientificallY acceptable analytical method. However, a person coveredby this pro- posed regulation would not be held responsible for exposures to background levels of PCB's. which, although they may be detected, are not the result of that person's involvement with PCB's. Thatis, if

### PCB's are detectedinthe vi. 

### cinity of a PCB activity, but the con· centration detected is no higher than the ambient level which would normally be expected in the absence of this activity, such PCB's will not be 

### considered the result of the activity. Because the highest ambient levels of PCB's measured to date are well below the levels normally associated with the manufacture, processing, distribution, anduseofPCB's, there shouldbe little difficulty in distinguishing ambi· entbackgroundlevels from those asso· ciatedwith specific activities.

"SmaU Quantities 

### tor Purposes 

### at ReseaTclt and Development"., The 

### phrase "small quantities for purposes of research and development" is defined as those quantities of PCB substances or PCB mixtures contained in hermetically sealed five milliliter containers which are manufactured or processed onlyfor purposes ofscientific experimentation or analysis. This regulation would permit the production ofsmall quantities ofPCB chemical substances or PCB mixtures to be used for research, development, or analysis. Such PCB's can be manufactured in small quantities and handled under controlled conditions by technically qualifiedindividuals. PROPOSED RULES



### There is no limit on the number of containers that a person may manufacture or use. This is to permit the operation ofsupply houseS which may make or stock a large number of such containers ofPCB at one time and sell from this inventory to individual research firms. The five milliliter volume limit should ensure that any PCB's made will 

### be used only for reo search and development. Five milliliters should provide an adequate amount for these purposes. For exam· pIe, a PCB sample of this size is adequate for use in gas chromatograph tests. These small quantities would still be subject to the disposal and markingrequirements of§ 

### '161.20.

C. DISPOSAL REQUIREMENTS 

### The proposed rule revises the requirements of § 

### '161.10 with respect to the disposal of transformers in which the dielectric fluid has a PCB concentration less than 500 ppm, but greater than, or equal to, 50 ppm. Disposal of such transformers by incineration or in a chemical waste landfill would not be required by this rule provided that the dielectric fluid contained in these transformers is first drained and disposed of in accordance with therequirements of § 

### '161.10(b). 'rherefore. these transformer carcasses could be disposed of in a municipal landfill or sold forsalvage.

EPA has not proposed restrictions

on the salvaging of PCB tra.nsformer

carcasses which originally contained dielectric fluid with a PCB concentration less than 500 ppm because: (1) 

### There should be little human and en· vironmental exposure to PCB's: and, (2) valuable copper and steel could be salvaged for recycling. However, EPA recognizes that it may be necessary to establish specific procedures applicable to the salvage ofthese transformer

carcasses in 

### order to prevent any Undue exposure to PCB's; In 

### this regard, EPA requests comments and data on: (1) 

### the procedures used by salvage operators in handling these transformers; (2) the need for regulatory controls on salvage· ofPCB transformers; (3) the salvage value oftrans· formers: (4) the potential for, and extent of, human and environmental exposure to PCB's which may occur as a result of salvage operations: (5)the number oftransformers which are salvaged on an annual basis; (6) the number of salvage companies which

can salvage

### PCB transformers: and (7) other methods of disposing of the PCB transformercarcasses.

The proposed rule would require that the dielectrtcfluid from any 

### transformer which is manufactured before January 1, 1979, and which is filled primarily with non-PCB dielectric fluid (e.g., mineral om be disposed of in one of two ways: (1) 

### in a hightemperature incinerator (Annex I) 

## • without any testing for PCB: or (2) in any other manner if 

### a test for PCB shows that the concentration is less than 50 ppm. EPA is aware that there may be a very large volume of this fluid that will require special disposal and this disposal requirement may be expensive. Further, high temperature incineration ofthe mineral oil will not utilize the oil as fuel because of the overabundance of high Btu hydrocarbon wastes. The incremental cost of this disposal requirement may be as high as $25,000 perpourtd of PCB. The total cost ofthis disposal requirement,· over approximately 30 to 40 years, is $612-$769 million. In view of the low level ofPCB contamination in this fluid, disposal alternatives may be available which would substantially reduce disposal costs while still resulting in high levels of PCB destr.uction. Utility power genera.tion units and cement kilns may be able to achieve very high destruction efficiencies even though they may not meet the requirements-of Annex 1. In 

### addition, these alternatives may utilize the mineral oil as fuel. However, EPA has little orno data available to characterize 

### the performance of these alternatives. EPA therefore requests**com~** 

### ments on alternative methods of disposal of these dielectric fluids. Comments are requested on the estimated volume of dieleetric fluid that would require such disposal annually, what restrictions would be necessary to
ensure an acceptable level of destruction efficiency, and the cost of dispos- ing ofthe fluid by**me~** 

### ofhigh-temperature incineration versus the cost of alternative disposal methods. Comments. arerequestedconcerningthe estimates ofthemarginal costs as stated above and whether such costs (if 

### correct) are justified in view ofthe additional environmental PCB contaminationthat wouldresult from notrequir- ing this method of disposal. EPA is considering requiring labeling of all transformers manufactured either before or after January 1, 19'19. This labeling would make recognition of those transformers subject to this disposal requirement much easier. Comments are requested on the feasibility of such a requirement and the costs andbenefits thatwouldresUlt.

D. MARKING REQUIREMENTS 

### This

- proposed regulation would amend the e:l!:isting marking requirements for PCB's contained in §

### '161.20. Those PCB transformers which con· tain dielectric fluid with a PCB con· centration less than 500 ppm would notberequiredto belabeled.

E. PRO:HIBITIONS 

### Section 761.30 would implement section 6(e)(2) and (eH3> OfTSCA, setting out the specific prohibitions of PCB actiVities. These were describedin Sec

## I i

FEDERAL REGISTER, VOL. 43, NO. l1o-WEDNESDAY, JUNE 7, 1918HeinOnline -- 43 Fed. Reg. 24807 1978 tion I'of this Preamble. In addition, two findings of the Administrator are stated in §761.30. The first is. the Administrator's finding, pursuant to section 12(a)(2) ofTSCA, that the manufacture, processing, and distributionin

commerce of PCB's 

### ior export presents an unreasonableriskofinjury to healthwithinthe UnitedStates andto the environment ofthe United States. This finding is more fully discussed in Section VIII of this Preamble. The second is that the distribution in commerce and use of intact, non-leaking transformers, other than those used

onlocomotives and self-propelled railroad cars, and capacitors is considered distribution in commerce and use in 

### a. totally enclosedmanner.

According to section 6(e) of TSCA, disposal 

### is an activity separate from processing and distribution in commerce. Any preparation or processing for disPosal 

### is considered to be disPosal andnotdistributionin commerce or processing. Therefore, any such activity, if in the course ofcompliance with pertinent disPosalrequirements, is not subject either to the January I, 1978, totally enclosed manne.r requirements

orto theJuly I, 1979,bans.

F. AUTHORIZATIONS AND EXEMPTIONS
In enacting section 6(e), COllgrese recognized that the statutory bands could significantly disrupt certain activities involving PCB's, particularly those for which viable substitutes are notavailable. TSCAauthorizesEPAto grant by rule two types of exceptions to the probloitions of such activities. First, the Administrator may authorize the continued manufacture, processing, distribution in commerce, or
use ofPCB's in a non-totally enclosed

manner after January I, 1978, if he finds thatthe activity will not present
an unreasonable risk of injury to health or the environment. The criteria for determining reasonable risks is descnoed in the Support Document. Second, the Administrator may grant exemptions upon petition, for periods of-no more than one year at a time, fromthe 1979 bans onmanufacturing, proce.."Sing, and distribution in commerce of PCB's, if he finds that the activity does not present an unreasonable risk and that good faith efforts have beenmade to develop substitutes forthePCB'susedinthatactivity.

Section 6(e)(3) does not impose a final ban on the use of PCB's but it does ban all manufacturing, processing, "and distnoution in commerce. As

a result, EPAmay authorize a non-totally enclosed use of PCB's for whatevertime period itfeels is appropriate under section 6(e)(2). However, authorizations for non-totally enclosed manufacturing must end on January I, 1979, since that is when the total ban on manufacturing begins. An exemption is required to continue any 

### PROPOSED RULES

type ofPCB manufacturing after that date. For the same reason, authorIzations fornon-totally enclosedprocessIing and distributionincommercemust endonJuly I, Ig79.

No:rz:.-The term "distribution in com- merce" isusedto referto the sale ora PCB. However, it also means the delivery or a PCB in conjunctionwith a sale orthe holding of a PCB after sale for purpoiCS of ·resale. An example or the lAtter is a dlstrIbut.or who buys from the manufllCturcr and then resells to retaUers: whlle the PCB's are inhis inventory, theyarebeingheldforfurtherdistribution incommerce. However, dIstribution in commerce docs not 1nclude the holding ofPCB'afor purposes solely ofusc by the holder. For the purposes of TSCA. "processing" is lImited to thllt**pr~** which takes 'Place aftermanuJ).cturc ofthe PCB inpreparation for distribution in com-
merce.**''P.roce~1Dg''** does not include processingperformedby the ownerorthePCB subsequent to distrIbution in commerce for hfsownuse.

The servicing of a PCB transformer is an example ofhow nll ofthese conceptsfit together. Ifa PCB transformer is removed from servIce and returnedto the owner's ownserviceshop where PCB dielectrIc fluid is added to it, the servicing could be covered by a
use authorization. However, If that

same transformer was sent to a trnnsformer servIce company that added PCB's to the transformer, the servicing would be both processing and distribution in commerce since the PCB dielectric fluid would be sold by the service company to the transformer

owner (thus the title to the PCB's would have passed from one owner to another). To continue this activity, the transformer service company 'Would need authorizations for both proceSsing and distribution in com·
merce. In addition, the service company would have to petition for, and receive, an exemption each year to continue this activity afterJune 3D, 1979. Even though the actions performedin both shops are the same, the 

### transformer service company Is subject to much more rIgorous requirements thanthetransformerowner.

As in the transformer servicing example above, a person servicing

### a. computerwho doesnotownthatcomputer is considered to be processing and distributing in commerce If he Installs a PCB capacitor in the computer. To continue that practice after July I, 1979, an exemption wlll be required. Finally, a personwho lenses a computer may not sell that computer after July 1, 1979, unless the computer hns beenleased for·no le.:s than one year. Apersoncould applyfor anexemption

so thathe couldsell a computerwhich has beenleasedfOJ; less than one year.

1918 authorlzattons. Section 6(e)(2)(B) ofTSCApermitsEPAto authorize by rule the manufacturing, processing, distribution in commerce, and use of PCB's in a nontotally en

## 24807

closed manner If these actIvities will not pre.:;ent an unreasonable risk of injury to health or the environment. EPAhas determinedthat certainnontotally enclosedPCB use activities will not present an unreasonable risk and proposes to authorize these use activitIesfor a periodof5 years afterthe effective date ofthe final rule. At that time, EPA will exnmine the need for continuing the.:;e authorizations. In makIng this determination, EPA weighed the effects of PCB's on health andthe environment. the magnitude of exPOsure, and the reasonably ascertainable economic consequences of the rule. This determination is fully discussed in the support document/voluntary draft environmentalImpactstatement.

1979 

### exemptions. Exemptions from the manufactur:lng, processing, and distribution in commerce bans 

### requiredby § G(e}(3)(A) ofTSCAmaybe granted for no more than 1 year at a time andmuStbe grantedbyrulemaking each year. In general, persons must petition for exemptions which wID be granted on an individual basis. For the purpose ofpetitioning for an exemption, "person" may include a trade association or any other entity representing 

### a. number of users. In

someInstances,EPAmayalsoconsider acceptIng petitions from and granting exemptions to a class rather than. solely to an individual. Persons may petition for an exemption only after the effective date of this rule. The final rule will. describe the requirements for filing petitions and for the informationto beprovided inthepetitions.

Based upon the authorizations pr0.- posed, EPA anticipates petitions for continuous miner motor rebuilding and for transformer servicing. EPA also anticipates petitions for exemptIons for dIstrIbution in commerce, after July 1. 1979, of PCB consumer equipment such as air conditioners, televisions, and microwave ovens 

### remaining in the inventories of small Wholesale andretanbusinesses.EPA

### is concerned about the potential for undue hardship on such small businesses that might be created by the July I, 1979,banonsale ofPCB equipment:EPA also is aware thatthe marginal Impact on en\1ronmental PCB concentrations from the saleofthese inventories of PCB consumer equipmentmaybesmall.

In order to minimize any problems which wholesalers andretaners might have in complying with the ban, EPA encourages manufacturers of PCB equipment to inform all participants in the distribution in commerce chain (e.g" wholesalers, jobbers, retailers) of the Identity of all PCB equipment manufactured after July I, 1978. Participants in the distribution in commerce chain should be made aware of

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1971HeinOnline -- 43 Fed. Reg. 24808 1978 

### 24808 • PROPOSED RULES



### the consequences of not selling this hazard of catastrophic transformer equipment by July I, 1979, and should failure. Therefore" the proposed aube able to receive help, as needed, to thorization allows routine servicing of segregate PCB equipment from non- transformers containing dielectric PCB equipment. If 

### voluntary efforts fluid with 50 ppm and greaterPCB. In to inform the distribution chain do addition, an authorization is 

### proposed not work, EPA may consider adopting for processing and distributing in comregulatory requirements that manu- merce PCB fluid only for servicing facturers adequately inform the distri- transformers. Persons subject to the bution chain. Comments are requested latter authorization mustkeep certain

on the need for mandatory notifica- records and provide, one report to tion requirements, the information EPA. As 

### explained-above, this authorithat should be distributed, and the zation will 

### be needed by service comcosts that would be involved in such panies which service PCB transformaninformation dispersal system. ers. This 

### authorization will 

### expire on

In 

### evaluating any petitions for ex- July I, 1979,'while the use authorizaemptions from the 1979 bans, itshould tion will 

### expire 5 years after the effec-

, be noted that an important criterion tive date of the rule. During this 5- for granting an exemption from the year period, EPA will 

### be examining July I, 1979, ban will 

### be good faith ef- the use of substitutes in older transforts to develop PCB substitutes. Cer- formers to 

### determine the feasibility of tainly small businesses and retailers phasiIig outalluse ofPCB's. would not be expected to develop sUb- The proposedrule authorizes the restitutes, but their efforts to ellininate filling oftransformers with PCB fluid. PCB equipmentfrom theirinventories However, the proposed rule does not certainly could be evaluated. In 

### addi- permit the rebuilding of PCB transtion, any efforts of firms to overload formers which contain dielectric fluid the distribution system with PCB with a PCB concentration of 500 ppm equipment by manufacturing 01" 

### or greater. EPA is 

### considering the folbuyingmore equipmentthan wouldbe lowing alternative for transformers normally distributed in the given time containing dielectric fluid with a PCB frame would be considered a negative concentration of 500 ppm or greater: factor in evaluating 

## an exemption pe- (1) 

### Such transformers could be

•tition. ' topped-off only with non-PCB fluid; 

### Transformers. Many PCB transform- (2) such transformers would be reers other than .those used on railroad quired to be refilled with non-PCB locomotives and self-propelled cars are fluid if they are ever completely routinely serviced and sometimes re- drained for seryicing; and (3) such built. The use of these transformers transformers couldbe rebuiltprovided generally involves no release ofPCB's that they are refilled with non-PCB and thus constitutes a totally enclosed- fluid. Refilling under such an authoriactivitypermitted by TSCA. However, zation would be subject to specified servicingprocedures oftenresultin ex- flushing procedures. EPA invites composure of the environment to PCB's. ments on this alternative, particularly There are two categories of servicing: with respect to the technical feasibilrebuilding androutine servicing. ity and economic consequences of

When a transformerfanS, itis uaual- adoptingthis alternative. ly disposed of. Sometimes, however, it The vast majority of transformers is rebuilt in a relatively open oper- are filled with mineral oil dielectric ation which .involves draining the fluid. Although mineral oil should be liquid, removing and disposing of the free ofPCB's, there may be instances old liquid, rewinding new coils, and re- where PCB contamination has inadfilling the transformer with new vertently occurred. Where the concenliquid. This practice can result in sUb- tration ofPCB's in a mineral oil transstantial exposure ofboth humans and former equals or exceeds 50 ppm, that the environment to PCB's. EPA has transformer would be considered a determined that it is unreasonable to PCB' transformer under the definiallow the exposure which occurs tions of this rule. The proposed rule during rebuilding oftransformers con- provides a less costly method of distaining fluids with PCB concentra- posal for any transformer whose ditions of 500 ppm and greater, but pro- electric fluid contains less than 500 poses to permit rebuilding of trans- ppm but greater than, or equal to, 50 formers containing fluids with PCB ppm PCB. Also, because of the deconcentrationsless than 500 ppm. creasedrisk associated with lower conDuring routine servicing, such as centrations ofPCB's indielectricfluid, testing the liquid orreparing a gasket, the servicing of transformers containsome amount ofliqUid is drained, pos- ing dielectric fluid with less than 500 sibly filtered, and returned to the

.ppm is 

### notrestricted. transformer. Some environmental con- The number of mineral oil transtamination occurs. Routine servicing, f.ormers contaminated with PCB is however, causes far less exposure to unkown to EPA at this time. EPA is 

### PCB's thanrebuilding andreduces the, interested"'in receiving the following substantial costs of frequent trans- data: (1)'

### the percentage ofmineral oil former replacement, as well as the transformers contaminated with PCB's; (2) the PCB concentrations in such 'transformers; (3) the frequency of failure of mineral oil transformers: (4) the percentage offailed mineral oil transformers which are rebuilt: (5) presentmethods ofdisposal ofmineral oil; (6) the anticipated impact if 

### the rebuilding of PCB contaminated mineral oil transformers is 

### not permitted: and (7) and the anticipated costs of disposing of these transformers and their mineral oil contents. All data on mineral oil transformers shoUld distinguish between pole transformers and othermineral oiltransformers.

There are recordkeeping rel1uiroments and a reporting requirementfor persons who service transformers owned by others with PCB fluid. These requirements relate to tho person's inventory of PCB fluid and the dates and nature of servicing por- formed with PCB's. The information will 

### enable these persons and EPA to accurately accountfor PCB's used as a resultofthis authorization. Comments

are invited on the impact of these requirements and if 

### any additions or deletions are appropriate.



### Transformers in railroad locomotives and self-propelled cars. 

### Transformers in approximately 1,000 electric railroad locomotives and solfpowered cars operated in the northeasternUnitedStatesbyAmtrak, ConRail, andfive intracity transit authorities containPCB fluid.

The use and servicing ofthese transformers cannot be considered totnIly enclosed. Frequent environmental exposure to PCB mixtures spilled onto the roadbed occurs when transformers overheating causes fluid overflow nnd when rocks and debris damage the transformers while they are in service; PCB's are also lost due to volatilization and in servicing operations. These problems are made more severe by the fact that railroad transformers are often underdesigned because of space limitations.

It is 

### logistically and economicallY infeasible for these railroad transformers to be replaced in the immediate future. Thus, the absence of an authorization for the continued use and servicing ofthis equipment in 

### anontotally enclosed manner could result in extensive curtailment ofrailroad service and adverse economic and social consequences. EPA therefore proposes to authorize the use ofrailroad transformers, including servicing, subjectto certain conditions designed to reduce the PCB concentration ofthese transformers' dielectric fluid and thereby reduce the exposure of humans and the environmentto PCB's.

The proposed rule would authorize unrestricted use and servicing of railroad transformers for 15 months after the effective date of the regulation, except that no authorization would be provided to allow transformer service

FEDERAL ,REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24809 1978 

### companies to llrocess or distribute in

commerce PCB dielectric fluid for the purposes of servicing ofPCB railroad transformers. At the end of 15 

### months, the PCB concentration ofthe railroad transformers' dielectric fluid must be no more than 40,000 

### ppm (4



### -percent)

.. EPA's intent is 

### to allow

either the replacement of the PCB railroad transformers with non-PCB units ortherefilling ofthe transform-, erg.' with non-PCB dielectric fluid so thatthe concentrationofPCB's inthe -fluid is 

### nomore than 40,000 

### ppm. The ,rebuilding -of railroad transformers and subsequent refilling with PCB's wouldnotbepermitted.

Furthermore, the authorization requires that the PCB concentration in the railroad transformers' dielectrIc fluidbereducedto nomore than 1,000 

### ppm3 

### years afterthe effective date of the regulation. This 

### reductIon will 

### greatly reduce human and environmental exposure and is 

### believed attainablethroughthe applicationof

### activated carbon filtration. Since this technologyhasnotyetbeen applied In 

### relationtorailroadtransformers, some uncertainty does exist. For this reason, EPA may make appropriate changes in this 1,000 

### ppm requirement, including raising the level or lowering it, 

### as more and better infor-

- mation becomes available about the

use of activated carbon-filtratIon and other available technology_ This 

### authorization would expire 5 

### years after the effective date of the regulation,

.- when EPA would reevaluate the need forcontinuingthe authorization.

,

Therule wouldrequire testingto determine the PCB levels In 

### the trans·

• formers. The results ofthis testing, as well as the time atwhich otherservicing activities 

### are performed In 

### accordance with the rule, would have to be 

### recorded. Based on the information available to the Agency at this time, the proposed refilling of railroad transformers and carbon filtration of the dielectric fluid should permit the elimination of the use ofPCB's withoutundue economic andsocial disloCations orundue health or environmental 

### danger.

There are recordkeeping

>require

### ments and areportingrequirementfor persons who own railroad transformers. These requirements relate to the person's inventory of transformers and refilling progress. This 

### information will 

### enable EPA to· assess a person's compliance with the requirements ofthe authorization. Comments

are invited on the impact ofthese re: quirements and if any 

### additions or deletions areappropriate.

Mining equipment. 

### There· are two types of mining 

### machinery wbich use 

### PCB fluids as a motorcoolant: loaders and continuous**~ers.** 

### Although production ofthis equipment has 

### ceased, many 

### are still In use. 

### Approximately - PROPOSED RULES

652 

### motors contalnlng PCBs used on loaders are currently operable: and there are about 18 

### continuous miners for which there are 

### about 46 

### PCB motors eitherinuse orkeptas spares. The operation of this machinery results In 

### the loss of PCB fluids from leaks and overflows into the environ· ment. ServIcingprocedures, performed either in the shop or in the. field, result in additional environmental 

### exposure to PCBs. to require replacement ofthese motors by the effective date ofthis rule would be technically and economically infeasible. To avoid the adverse cosequences caused by an immediateuseban, EPAIs

### proposing

### a phase out ofthese PCB motors which will 

### coincide with the servicing sched· ule applicable to these motors. Loaders and continuous miners are 

### given different compliance schedules since theypose differentproblems.

Because ofthe cutting head design, the motors on continuous miners cannot be rebuilt as non·PCB motors. Furthermore, the costofreplacingthe cutting head motors- Is 

### prohibitive in light ofthe llmlte<l remaIning expected lifetime of the continuous miners. The only feasible alternative Is 

### replacement of the entire continuous miner unit. Because of the lead time necessary to order and produce this 

### type ofequipment, thereplacement of**~ntinuous** 

### miners cannot begin for

some time after the effectIve date of this rule. Therefore, EPA proposes to permit the rebuilding of continuous miner motors without conversion into non-PCB motors for 12 

### months after the effective date of the rule and to permitthe use oftheseunitsuntilDecember 31, 1981. 

### Since the rebuilding ofthese minermotors involves the use 

### of PCB fluid, such rebuilding when done by companies who service other ·persons' motors constitutes processing anddistributIon In 

### commerceofPCBs. Therefore, anauthorizationforservIce companies to process and distributein

commerce PCB fluid Is 

### proposed so· that the continuous minermotors 

### can be rebuilt. These servIce companies will 

### have to petition EPA for an 

### exemption to rebuild continuous miner motors afterJune 3D, 1979. 

### Dueto the frequentneedfor**s~rvIce** 

### shopworkon continuous miners, EPA believes that few continuous miners will 

### be able to remain In

### useuntilDecember31, 198!.



### The PCB motors on loaders can 

### be replaced with, or rebuilt 

### as, non·PCB air-cooled motors. EPA Is 

### proposing that these motors be replaced or re

### built as air-cooled motors when they


### arereturnedto service shops formaintenance. ThIs 

### process ofrflbuilding or replacement would take three years provided that normal maintenance patterns 

### are followed. Therefore, use oftheseloadersIs 

### authorizeduntilDecember 31, 1981. 

### After this date, the proposal would not permit the use of 

### 24809

any loaders orcontinuous miners contalnlng PCB motors. Topplng-off the motorfluidlevels inthefield is

### considered

### a.use.

There 

### are recordkeeping require

### ments and

### a. reportingrequiremen.for persons who own and service PCB mining equipment. These requirements relateto theperson's inventory ofPCB fluid and the dates 

### ofrebuildingmining equipmentmotors. This

### information will 

### enable these persons 

### and EPA to 

### accurately account for PCBsused

### as a.resultoftheseauthorizationsandwill

### permltEPAtQ assess

### a. person's compliance with the requirements of these authorizations. Comments are 

### invited on the impact of these requirements and if any 

### additIons ordeletions

### areappropriate.

Hydraulic die casting $JIstem:!. A 

### large number of die casting systems are 

### in use. some of which have been 

### fllled with PCB hydraulic fluid at
some pointin the'past. Although this



### use of PCB's has been 

### discontinued, the equipment is still 

### in service. Some systems 

### have been 

### topped-off with 

### non·PCB fluids, and others have since 

### been drained and flushed in an attempt to reduce PCB contamination. However, systems may still be 

### contaminated with residual PCB's which


### are gradually released from rubber surfaces and with PCB's that remain 

### after flushing. Therefore, hydraulic die casting systems can 

### contain concentrations ofPCB rangingfroma few to thousands of parts per 

### million. These systems leak 

### considerably, even when properly maintained. In 

### addition, some of the fluid volatilizes at the high 

### operating temperatures. These losses result in water effluents


### as well as airemlsslons. both ofwhich have contributed 

### to existing levels of PCB contamination in the environ-, ment. 

### !

:Mandatoryremoval ofthesesystems from service would result in 

### wide-

### 'j spread economic dlsruptIon in 

### industrIes using die castings. On 

### the other

## i hand, the continued uncontrolled 

### use 

## 1 of these systems would result in 

### re-! leases ofsubstantialamounts ofPCB's

# I

into the environment. EPA is 

### propos- ing to authorIze the continued servic- I 

### ing and use ofPCB-contamInated hy-' draulIc fluid in those systems which

now contain hydraulic fluid whose PCB concentration is 

### greater than, 

### or equal 

### to, 50 

### ppm subject to certain 

### conditions. These conditions would be 

### that the concentration of PCB must bereducedtono morethan 50 

### ppmat the end ofthe first 

### year after the effective date ofthis 

### rule and that this 

### concentration must be 

### maintained or reduced through periodic fluid 

### replacement or servicing. Testing and necessary servicing or replacement to achieve and maintain a concentration of 50 

### ppm orless PCB 

### would have to be performed at least every six 

### months.

FEDERAL REGISTER, VOL 43, NO. nO-WEDNESDAY, JUNE T, 1978



# ,HeinOnline -- 43 Fed. Reg. 24810 1978 

## 24810

EPA has learned that one company which periodically services the hydraulic fluid has reduced PCB concen- trations' to .undetectable levels. This company's experience indicates that routine servicing can eventually eliminate the need for continued flushing. As a result, the semi-annual check and processing should substantially reduce total environmental exposure to PCB's. Note that the drained PCB fluid would be subject to applicable disposalregulations.

The full extent of PCB contamination of hydraulic die casting machines is unknoWn. Except in a few instances, the extent and types of efforts to reduce PCB concentration are also un- known. Comments-and data are invited on: (1) the numberofPCB contaminated die casting systems in existence; (2) the average liquid volume of the systems; (3) the range ofsystemliquid volumes; (4) the amount of fluid re- quired to routinely 'top-off these systems and' at What time intervals; (5) whether systems are routinely drained ) or topped-off; (6) the effect ofroutine

servicing on the level ofPCB contamination; (7) what specific efforts have been made to reduce PCB contamination and the success of these efforts; (8) how the hydraulic fluid canbe ser- viced to remove PCB's; (9) the present level of PCB contamination in systems; (10) the cost of new systems; (11) the cost of processing fluid; and (12) the cost of drainlilg and refilling systems. Recent efforts have been made to develop methods' such as carbon filtration and distillation for ' removal ofPCB's from dielectric fluid. Comments are requested on the possible use of these methods to reduce PCB contamination in these hydraulic fluids.

EPA also realizes that this requirement could be extremely costly unless carbon filtration and distillation are feasible for the removal of residual PCB's from hydraulic fluid. If this technology does not prove feasible, the incremental cost of this requirement could be as high as $26,000 per pound ofPCB removed. Comments are requested concerning the estimates of the marginal costs as stated above and whether such costs (ifcorrect) are justified in light of the additional environmental PCB contamination that would result from not requiring this method ofdisposal.

There are recordkeeping requirements and a reporting requirementfor persons who own PCB hydraulic die casting systems. These requirements relate to an inventory ofcontaminated' systems, the dates of servicing, and the PCB concentrations, if measured. This information will enable these persons and EPA to assess the progress toward reducing the PCB con- centrations in these systems. Comments are invited on the impact of 

### , PROPOSED RULES

these requirements and if any additions ordeletions are appropriate.

Carbonless copypaper. Priorto 1971, carbonless copy paper distributed by NCR Corp. was made with inkcontaining PCB's. ·There does not appear to be'a way of distinguishing PCB car- bonless copy paper·from non-PCB car- bonless copy paper, with the possible exception of dates or otherindications in UnUsed inventories. A large portion ofthe PCB carbonless copy paperthat has not been destroyed is probably in files. The'proposed "regulation con- tains an authorization for the use of PCB carbonless copy paperfor the following reasons: (1) the inability to readily distinguish between PCB and non-PCB carbonless copy paper; (2) the enormous undertaking that 'Would be required of both business and government to purge files ofPCB carbonless copypaper, even ifa way to distinguish it from non-PCB carbonless paper were devised; and (3) the small amount of PCB on each piece of car- bonless copy paper. In addition, paper recyclers have for some time been careful not to accept any carbonless copy paperforrecycling.

G. ANN;EX VII

. A new annex is proposed for Part 761. This annex specifies the format for a PCB Exposure and Contamination Control Plail (ECCP). The purpose of the ECCP is to help insure that risks associated with activities either -authorized by or exempted from the requirements of §761.31 are minimal. The plan would require delineation of all steps and processes involved in an authorized or exempted activity, and would include requirements

.for notification of proper au- thorities and basic steps for response to releases, such as spills, of PCB's. Each person authorized (or at some later date exempted) to process, distribute in commerce, or use PCB chemical substances or PCBV mixtures wouldbe requiredto develop and implementanECCP.

-There are two major parts of the ECCP. The first is a. written operations plan that describes step-by-step 'procedures to be followed in the performance ofan authorized PCB activity. The second is a response and con- trol plan that describes step-by-step procedures to be followed when a re- lease ofPCB's occurs at a PCB use or serVicing operation. The plan would include procedures for incidents that range from releases ofPCB's that are captured in drip pans to much greater releases such as the loss of the entire contents of a PCB transformer with

some orall of the loss escaping the controls established in the operations plan. Copies of the ECCP would be kept: (1) With the Spill Prevention Control and Countermeasure (SPCC) Plan if the person is required to k;eep an SPCC plan; (2) in the office of the facility where the activity is being performed and with other PCB files at the principal office of the organization; and (3) with each group of em- ployees as they perform activities that may result in an exposure or contamination incident. FinallY, the plan wouldbe certifiedby a RegisteredProfessional engineer (P.E.). The P.E. y,rould certify that the plan has been prepared in Accordance with good en- gineering practice and that it complies with the requirements of Annex VII. This certification is not determinative ofthe plan's adequacy. EPA, at Us discretion, may review the plan. If EPA finds that the plan is inadequate or that a person is not implementing any provision of the plan, EPA may take

one of the following actions: (1) Require that a plan acceptable to EPAbo written and implemented; (2) suspend

a person's authorization until a plan acceptable to EPA is written and Implemented; or (3) require that a person
ceasethe'PCB activity.

Requirements for plans to prevent the discharge of PCB's shall be re- quired by rules to be issued by EPA pursuant to § 311 ofthe FederalWater Pollution ControlAct at a later date.

V. BROADENING OF DISPOSAL REQUIREMENTS By changing the definition of PCB Mixture from a mixture containing 500 ppm or more PCB to one containing 50 ppm or more PCB, more PCBcontaminated articles and mixtures will require disposal in accordance with §761.10.' Among the materials that will be affectedby the chance are spill materials, dredge spoils, and mu- nicipal sludges with PCB concentrations between 60 ppm and 600 ppm. Liquid mixtures in this range would have to be incinerated. PCB articles also would -have to be incinerated unless the appropriate EPA Regional Administrator determines that it is infeasible to do so. If there are minernl oil transformers contaminated with grea.ter than 50 ppm PCB (M discussed above in Section IV-C of this Preamble), the inineral oil would have to beincinerated.

VI. PCB ACTIVITIES NOTAUT1IORIZED BYTHIS RULE

A. MANUFACTuRE OF CAPACITORS PCB's have been used as the dielectric fluid in almost all alterna.ting cur· rent capacitors manufactured in the United States since the mid·1930's. The manufacture of capacitors is an activity which cannot be considered totallY enclosed and is a major source ofPCB releases into the environment.

An authorization for the continued manufacture of capacitors is not proposed, primarily due to the availability of substitutes and the negligible eeoFEDERAL REGISTER, VOL 43, NO. nG-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24811 1978 

### nomic impact resulting from the ban

on thiS manufacturing activity. In 

### addition, by the time this rule is 

### promul- gated. companies are expected to have depleted their PCB ,inventories and completed the conversion to use of non-PCB dielectricfluids inthe manufacture of capacitors. The extent of adverse economic consequences, if anY, 

### probably will 

### be limited to small'inventory losses of PCB chemical substances.

B. AC£IvIrIES 

### INVOLVING DYES AND 

### PIGMENTS By changing the definition of PCB mixturefrom 500 ppm to 50 ppm, the proposed rule may now affect certain compaIiies and products in the dye

• andpigmentindustry. Basedon a very small number oftests, industry repre- sentatives have suggested that there may**b~** 

### a problem withPCB contaminationpfsomepigments. However,-the EPAhasinsufficientdatato reach anY 

### conclusions in this regard. Comments and data are requested on: (1) 

### The technical and economic effects ofthe rule on this industry; (2) the specific processes and products that would be affected; (3) methods for reducing PCB levels in 'the affected products; (4) 

### quantity of contaminated waste that will 

### have to be disposed of; (5) plans andleadtimes forimplementing

new technology; and (6) the economic ,costs of possible alternatives to the**presen~** 

### proposal. Should it be determined, in the course of the rulemaking, thatthe dye andpigmentindustry wouldneed anauthorizationto continue its operations and it is 

### also determined that granting such an authorizationwouldnotpresent an unreasonableriskto healthorthe environment, such an authorization may be granted int]:le rule.

VII. MANuFACTURING, PROCESSlliG, OR



### DISTRIBUTION IN 

### COMMERCE ORPCBS 'FORExPORT
Section 12(a) ofTSCA states thatno partofTSCAshall apply to themanufacture, processing, or distribution in

commerce of a chemical intended solely Jor export from the United States. However, if 

### the Administrator finds that the manufacture, process- ing, or distncution in commerce of a chemicaIfor exportpresents anunreasonable risk to health or the environmentinthe UnitedStates, those activitiesmayberegulated as well.

It is 

### the clear intent of TSCA to minimize the addition ofPCBs to the environment ofthe UnitedStates. The extreme persistence of this chemical
can 

### lead to long term, long distance transport, and there is 

### existing evidence ofPCB contamination far from anY 

### source of PCB's. EPA has 

### determined that the manufacture, processing, or distribution in commerce of PCB's for exportconstitutes anunreaPROPOSED RULES



### sonableriskto health andthe environment in the United States. Therefore, EPA is 

### proposing to prohibIt: (1) The non-totally enclosedmanufacture, processing, and distribution in commerce ofPCB's for export as ofthe e!!ectlve date ofthis rule; (2) any manufacture of PCB's for export aft.er January 1, 1979; and (3) anY 

### processing or distribution in commerce of PCB's for export after July 1, 1979. EPA knows of no non-totally enclosed activities for export which could be deemed to pose reasonable risks to health and the environment of the UnIt.ed States arid, therefore, has proposedno excep- tions to this finding.

SectIon 12(b)(2) of TSCA requires anY 

### person who exports or intends to export a chemical substance or mix

### ture for which a rule has been pro- 'posed under § 

### 6 to notify the Administrator of such export or intent to export. Guidelines withrespectto this requirement for such persons 

### can be found in another part of this issue of the FEDERAL

### REGISTER.

VIII. SUMMARY

### OFECONOMIC CONSEQUENCES
Section 6Ce) ofTSCA bans the manufacture, processing, distrIbution and

use of PCB's except as authorized or exempt.ed by the Administrator of EPA. These authorlzatlons and 

# e.,,- emptlons, however, are discretionary and can 

### be granted only upon a find· ingthata particularPCB activity does not pose· an unreasonable risk 

### to healthorthe environment.

The impacts ofboth the statute and the regulation have been nssessed and

are discussed below. Additional informatIon on these impacts is contained in Jlicroeconomic Impacts ofthe PCB Ban Regulation 

### (EPA 560/6-77-0351) whIch can 

### be obtainedfrom theIndustry Assistance O!!1ce of the Ofilce of Toxic Substances upon request (see thebeginning ofthisPreamblefor the address andt.elephonenumber).

A. IMPAC£

### OF THE STATUTE 

### EPA believes It was the clear intent of Congress, as expressed in the legis- lativehistory, thatthe manufacture of PCB chemical substance should cease. Since no more PCB chemical substance will 

### be made, It follows that there 

### can be no future manufacturing of PCB transformers or capacitors. Consequently, the costs attributed 

### to the cessation of the manufacture of PCB chemical substance, PCB transformers, and PCB capacItors are considered impacts of the statute, not of theregulation.

These costs include $15-$20 million per year in increased capacItor costs thatwill

### bebornebyutility andindustrial users. ThIs 

### results from an across-the-board increase in capacItor prices of 10-20 percent due to the higher 'costs of PCB substitutes. This 

### 24811

cost will 

### contin.ue indefinitely, unless the cost ofthese substitutes falls due to someunforeseenreason.

Purchasers ofnon-PCB transformers will 

### incur increased costs ofup to $10 million per year, depending on the particularsubstitutedielectricfluidselected. ThIs 

### cost will 

### also continue indeflnltely.

These increased costs of transformers and capacitors v.-ill be 

### passed on through

### a mInImal increaseinthe cost of electricity to consumer and industrialusers.

B. IMPAC£

### OFTHERULE 

### The greater portion of the cost of the rule will 

### be incurredby owners of mineral oil transformers which are 

### contaminated with PCB concentrations of50 ppmto 500 ppm. EPA esti

### mates that testing these transformers for PCB contnmlnatIonlevels and dis

### posing ofthe contaminatedPCB fluid will 

### cost between $612 

### and $769 mil

### lion over the next 30 to 40 

### years, or approximately $23 million per year. These costs are based upon the required disposal of the contaminated mineral oilbyhightemperature incineration. However, they could be substantially reduced if 

### EPA should decide, based on public comments. to permit a less costIy disposal alternative to high temperature incineration.

The ban on rebuilding transformers which contmn dielectric fluid with 

### a 500 ppmor greaterPCB concentration, will 

### cost the owners of these transformers approximately $15 

### million annually. ThIs 

### cost will 

### continue over 

### a periodof30 yearsuntil the transformers aretechnologicallyoreconomically obsolete. About two thirds of these transformers areownedby commercial and industrial firms and the remain

### derbyutilities_TheImpactofthisrule withrespect to transformers is 

### expect- ed to have 

### a negllgIcle effect on the cost of electricity, and no significant impactonnon-utility owners.

Rallroad and transit companies which are affected by this rule will 

### incur. total additional operating costs of about $12.4 m1ll1on over the next three years. Thesecompanies are 

### infi

### nancialtrouble. However, fundingmay beavaIlablethroughFederalsubsidies.

The increased costs**a..~oclated** 

### with the phase out of PCB mining equipment will 

### total $3 million over the next three yearS. These costs are not expected to slgnlflcantly affect the equipmentowners. Also, thephase out of this 

### equipment overthe next three years is expected to cause no disruptionofcoalproduction.

Sincevery litleis

### knownaboutseveral uses of PCB's, an estimate of the total cost of complying with the pro-, posedrule is 

### dillicultto make withrespect to these uses. For example. the number of hydraulic die casting machines in operation, the volume of

fEDERAL REGISTER, VOL 43, NO. 110-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24812 1978 

## 24812

PCB hydraulic fluid contained in these machines, and the extent of PCB contamination ofthis fluid is currently unknovm. Theinitialcost ofthe regulation will 

### be about $10 per gallon of capacity for each die casting machine. This would imply a cost of about $10,000 for a 1,000 gallon machine. Costs in later years would be significantly lower depending upon the contaminationpresentin eachmachine, and the type of processing chosento lowerthe contamination. An 

### EPA contractor estimates that there may be several thousand contaminated machines in 

### use. Thus, total costs in the few first years are estimated to be at least $10 million. Comments and data are requested on the economic impact of the proposed rule and of any suggested alternatives 

### to the pro- posal. There are additionalheattrans.: fer systems and non-die-casting hydraulic systems that may be contaminated with PCB's. This rule wouldnot authorize the use ofsuch systems contaminated above 50 ppm. The number and location of such systems is unknown. Comments and data are requested on the number of such systems contaminated above 50 ppm, and the economic impactboth ofthe existing p.,rohibition and ofcomplying with the proposed authorization for >.hy- draulic systems if it were to be'extendedto these systems.

The presence of PCB's (in excess of 50 ppm) incertainblue and yellow pigments has been detected, but little is known concerning PCB concentration in these pigments or the extent of that contamination. Process refinements costing the industry about $500,000 are expected to be sufficient to control PCB contamination in·blue pigments. It is not currently known, however, whether similar steps can be taken to reduce PCB contamination in the yellow pigments, of which annual sales are around $52 million. If 

### this problem cannotbe solved and therule is not altered, there may be a significant impact on this industry. Comments and data are requested on 'the extent ofPCB contamination, the economic impact ofthe proposedrule and of any suggested alternatives to the proposal.

The effect ofthe regulation on users ofwaste'oilfor road oilingmaybe substantial, although it 

### is difficult to quantify. It is estimated that 300,000,000 gallons ofwaste oil are ap- plied to roads every year. The high cost oftesting this oil may mean that it will be economicallY infeasible under this rule to use waste oil for road oiling in the future. The use of possible substitute dustcontrol agents, such 

# as virgin oil or synthetic substi-**tutes~** 

### could costusers asmuch as $100 million peryear. However, this 

### costassumes that the substitute is 

### applied at the samerate

# as is wasteoil to-achieve PROPOSED RULES



### the saine benefit. It is 

### likely that this substantially overstates the cost be- 'cause many people will cut back or eliminate road oiling as a result ofthe higher cost ofsubstitutes. The cost of the rule will 

### be borne in two ways: (1) 

### Higher prices paid for road oil products; and (2) benefit forgone by those who will no longer oil roads as a result of'higher costs., Comments and data

are requested on the economic impact of the proposed rule and of any sug- gestedalternatives to theproposal.

Approximately 200 electromagnets containing PCB's may currently be in

use. This regulation would not authorize the use of these electromagnets. The absence of such an authorization may cost owners of these electromagnets about $4 million

### to**repla~e** 

### them.

Most of the costs discussed above resultfromrequirements that are part of the proposed authorizations to permitcontinueduse ofmixtures, articles and equipment containing PCB's in a manner protective of health and environment. If 

### these proposed au· thorizations are not promulgated, the cost and economic impact on the af· 

### fected industries couldbe considerably**gr~ter** 

### thanthe costs discussed above.

IX. EFFECTIVEDATE I,t is the intent of EPA to make the final version of this proposed rUle ef· 

### fective thirty days after the date of publication in the FEDERAL REGISTER. Promulgation ofthis regulation is not expectedbefore October 1, 1978.

Dated: May 30, 1978. DOUGLAS M. COSTLE, Administrator.


### OFFICIALRECORD OFRULEMAKINGPRoPOSED PCB "BAN" REGULATIONS'
Section 19(a)(3) ofTSCA defines the term "rulemaking record" for purposes ofjudicial**revie~** 

### as follows:

"(A) The rule being reviewed under this section;

(B) In the case of a rule under section 4(a), the,findingrequired by such section, in the,case of a rule under section 5(b)(4). the finding required by such section, in the case of a rule under section 6(a) the finding re- quired by section 5(f) or 6(a). as the case may lie. in the case of a rule under section 6(a), the statement required by section 6(c)(1), and in the case of a rule under sec- tion 6(e), the findings required by paragraph 2(B) or 3(B) of such section, as the

casemay be;

(C) Anytranscript required to be made of oral presentations made in proceedings for thepromulgation ofsuchrule;

(D) Any written submission of interested parties respecting the promulgation ofsuch rule; and

(E) Any other information which the Administrator considers to be relevant to such

'Polychlorinated Biphenyls Marking and Disposal Official Record of Rulemaking is considered as partoftherecord ofthisrulemaking. rule and which the Administrator Idl'ntl· fied. on or before the date ofthe promulga· tion of such rule, In a notice pUblished In the FEDERALREGISTEIl."

In 

### accordance with the requirements of section 19Ca)(3)(E) quoted above, EPA is publishIna the followine list of documents constituting the record of this proposed rulemaking. A supplementary list or lists may be published any time on or before the date the final rule is issued. However, no such list will include public comments, the transcript of the rulemaking hearing,

or submissions made at the rUlemnking hearing or in connection with it. These documents are exempt from FEDERAL REGISTERlisting under section 19(a)(3). A full list of these materials will be available on request from the Record andHearing Clerk.

SUPPORT DOCUMENTS USEPA. OTS. PCB Manufacturing, Pro· cessing, Distribution in Commcrc(' (md Use-Ban Regulation-Proposecl ActfonSupportDocument.

Public comments, date ofcomments Air Conditioning and Refrigeration Institute. July 18, 1977. Australia, Department of Environment,

Housing and Community Development, October 20, 1977. Brovm Co.• July 13, 1977. Cattell. Holly, September21,1977. DePaul University, October 13. 1977. Dry Color Manufacturers' Association, October 21. 1977. • GeneralElectric Co.,May 25, 1977. GeneralMotors Corp., July 18, 1977. Schaln, Anita, September23,1977. Tennessee Valley Authority (TVA), July 15,

1977. Tennessee Valley Authority (TVA), July 25,

1977. ' W.S Water & Wnste Water Systems, July

28.1977.

PuBLICLY ANNOUNCED-MEETINGS on HEARlNOS

PUBLIC PARTICIPATION MEETINO JULY Ill, 191'l

42 FR 32555, June 27, 1977. "Open Publlo Meeting: Solicitation of Comments." For July IS, 1977, Washington, D.C. nndJuly 10, 1977 inChicago.

## m.

USEPA. Transcript ofProceedings Publio Meeting on the Ban ofPolychlorinated lJiphenyls. Washington, D.C., July 15,1977.

USEPA. Transcript 01 Proceedings in tho Special Meeting ofU.S. Environmental Protection AgenC1/, Region V-Chicago, nt, July 19,1978.

DOCUMENTS SUBMITTED AT THE JULY 19, 1977

. MEETING
Statement on Retrofilling Made at PUblio Meetingon the Implementation ofthe Environmental Protection Agency's Proposed PCB Ban. July 19, 19.77. Dow Coming Corp.

Presentation to Environmental Protection AgenC1/. Public Meeting-July 19, 1971. Joy Manufucturers.

:tJstofSpeakers. List of EPA Panel Members for PCB Meeting.

OTHER INFORMATION

OTHER "FEDERALREGISTER" NOTICES
42 FR 65264, December 30, 1977: "Polley for Implementatloh ofSection 6(e)(2) oftho

FEDERAL REGISTER, VOl:. 43, NO. lBO-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24813 1978 PROPOSED RULES 

### 24813

(q) "PCB" and "PCBs" meanthefollowing: "PCB Chemical Substance", "PCB Mixture", "PCB Article", "PCB Sealant, Coating, or Dust Control Agent", "PCB Equipment", and "PCB Container". sPills pursuant to §761.31. Definitions of terms used in all of these sections

areinSubpartA.

2. In §761.2 paragraphs (q) and (w)

are revised. and paragraphs (bb) through

### (m are addedas follows:

§761.2 Definitions.

(w) "PCB MIxture" means any com- bination ofchemical substances which contains 50 ppm <0.0050 percent on a dry weight basis) or greater ofa PCB chemical substance and any combination ofchemcfal st1Stances which con- tains less than 50 ppm PCB chemical substance because ofany dilution of

### a mIxture containing 50 ppm or greater PCB chemical substance. This definition includes, but Is notlimited to, dielectric fluid and contaminated solvents, oDs, waste oDs, heat transfer fluids, other chemicals, rags, soil. paints, debris, sludge, slurries, dredge spoDs, and materials contaminated as 

### aresultofsPills.

(bb) "Manufacture 'for Commercial PurposeS"meanstomanufacture:

(l) For dIstribution in commerce, includingfor

### testmarketingpurposes. or

(2) Foruse by the manufacturer, including for use as 

### a chemical precur-
sor.

(cc) "PCB Sealant, Coating, orDust Control Agent" means any sealant. coating, of dust control agent that is made from any waste on thatcontains any detectable amount of 

### a PCB chemJca1 substance less than 50 ppm (O.0050 percent on a dry weightbasis). Any sealant, coating. or dust control agent that contains 50 ppm or greater ofPCB Is considered

### a PCB mixture.

(dd) "Process 'for Commercial PuTposes' " means

### toprocess:

(l) For dIstribution in commerce. includingfortestmarketingpurposes, or

(2) For use as 

### a chemical precursor. (ee) "Sale for Purposes Other than Resale" means sale of PCBs for purposes ofresearchanddevelopment, for purposes of disposal, and for purposes ofuse. PCB equipmentwhich is leased before July 1, 1979, for 

### a period ofno less than one year will be considered sold for purposes· of resale. The sale will be considered to have occurred as ofthe date ofthe signing ofthe lease_ Sale for purposes of use does not include sale for dIstribution in com- merce. Sale for any other purpose Is not sale for purposes other than. resale. 

## • • 

## •

• 

## • •



## • •



## • •

• •

• 

## • • USEPA, Transcript ofProceedings. USA Environmental Protection Agrncv. In the matter of: Tarle PoUulant Effluent SlllndaTds Docket No. 1. Arlington, Va. May, 8, 1974-

USEPA, Transcript ofProceedings. USA Environmental Protection Agrncv. In the matter oJ: Tarle PoUulant Effluent Slllndants. DocketNo.1 FWPCA (307). Arllngton. Va., Thursday, May 9, 1974-

,

USEPA. Transcript ofProceedings uS'A Environmental Protection Agencv. In the
matter oJ: To.rfc PoUulant Effluent Slllndani.!. DocketNo. 1. FWPCA (307). Arllngton. Va., Monday, May 20,-1974-

Westinghouse Electric COrp. Proposal to: TheDepartmrntofTransporrotionRetTO/illing of RaUwa31 Transformen. December 21, 1977.

Witco Chemical. Golden Bear Dlvls!on. Cohere%DWltRelllrdant,Agrnt.

World Health Organ1zaUon. Environmen· tal Health Criteria Z. Polychlorinated Bi· pheny13andTerphenyl!. Genc\'ll, 1976.

In addition, all reports and articles referenced in the USEPA OTS Support Document Voluntary Draft EIS

are included in the Official Record. The record for the section 307 Water Effluent Standards for PCB's may be examined by the public at the Offfce of Hearing Clerk, Room 370BA, Environmental Protection Agency, 401 M: StreetSW.,Washington,D.C. 20460.

Pursuant 

### to the Toxic Substances Control Act (sees. 6, 8 and 12, U5 U.S.C. 2605, 2607, 2611)), the following amendments 

### to 40 CPR Chapter I, Part761 are proposed.

Subpart A-General
1. Section 761.1 Is amended by revising paragraphs (a), (b), and (c) 

### to read

as follows:

§761.1 Applicability

(a) ThispartestablIshesprohibitions of, andrequirements for, themanufacture for commercial purposes, process· ing for commercial purposes, dIstrlbu· tion in commerce, use, disposal, storage, and marking of polychlorinated biphenyls (PCBs).

(b) This part applies to all personswho manufacture, process, dIstrIbute iIi commerce, use, or dIspose ofPCBs. Persons who manufacture, process, dIstribute in commerce, or use smnll quantities ofPCBs solely for purposes of research and development are exempted from the requirements of SubpartD.

(c) The basic requirements applicable to disposal and marking of PCBs

are- set forth in Subpart B-Disposal of PCBs and Subpart C-MarkIng of PCBs. Prohibitions applicable 

### to PCB activities are set-forth in Subpart DManufacture, Processing, Distribution in Commerce, and Use of PCBs. Subpart D also includes authorizations from the prohibitions. The Annexes in SubpartE set out the specifIc requirements for dIsposal and marking of PCBs pursuant

### to §761.10 and §761.20 and for the contingency plan for PCB COMMUNICATIONS Intragovernmental memoranda, letters. andothercorrespondence.

Otherletters.

REPORTS
Bionomies Aquatic Toxicology Labora· tory. Fathead Minnow Egg and Fry Study, Summary Only. August26. 1977.

Dow Corning Corp. Removalof PCB From Dow Corning 561 Silicone Transformer Liquid by CharcoalFiltration. Undated.

General Electric Co. Silicone in Transformers Presented to the Environmental ProtectionAgency. September6,1977.

McGraw HilL "PCB's spread by waste-oil use?" Chemical Week. January 25, 1978. p. 15.

.

Monsanto. "Monsanto to Shutdown PCB Unit. Exit Business by October 31. 1977:' News. Undated.

National Electric Manufacturers Association. Transformer Dielectric Fluid Study Working Group. October 18,1977.

National Swedish Environmental Protec· tion Board. PCB Conference II StockluJlm, December14, 1972.

Peakall. D. B. "PCB's and Their.Environ· mental Effects:· CRC, Critical Reviews in Environmental Control. September 1976.

University of Wisconsin Sea Grant COl· lege. "ABC's ofPCB's:' Public Information Report. WIS SG76-125.

University of Wisconsin Sea Grant College Progam, Institute for Environmental Studies. "PCB's andtheFDA." Earthwatch/ Wisconsin. Part 1, May 6. 1977. PartII, May 13.1977.

USDHEW. Final Report ofthe Subcommittee on the Health Effects of Polychlorin· atedBiphenyls. July 1976.

US-DOC, Maritime Administration Chemical Waste Incinerator Ship Project. Final Environmental Impact Statement. Volume 1 of2.

USDOT, Transportation SyStems Center. Evaluation ofSilicone Fluidfor Replacement of PCB Coolants inRailwayIndustry. WestinghouseElectric Corp. July 1977.

USEPA. Environmental Research·Laboratory. Office of Research & Development. POlychlorobiphenyls in Precipitation in the LakelrfichiganBasin.Draft. Undated.

USEPA, OPM. Microeconomic Impacts of the Draft PCB "Ban" Regulation. April 1978.Versar.

USEPA, OTS. Development of a Study Planfor Definition ofPCBs Usage, Wastes, a1u:l Potential Substitution in the Investment Casting Industry. 7ask IlL January 1976.Versar.EPA 560/6-'16-007. Toxic Substances Control Act (TSCA) for PolychlorinatedBipheny!S (PCB's):'

NON-FED.ERAL REGISTER EPA STATEMENTS USEPA, Region IV. News release re: Fish· ing inLake Hartwell andTwelveMile Creek in Pickens Co.• South Carolina. september 10.1976.

USEPA. Statements of the Honorable Russell E. Train, Admin.. EPA Before the Subcommittee on Fisheries and Wildllfe Conservation andtheEnvironmentCommit-

-tee on Merchant Marine and Fisheries, House ofRepresentatives. January 28, 1976.

. USEPA. Remarks by the Honorable Russell E. Train, Admin.. U.8.E.P.A. Prepared for Delivery at the National Conference on PCB·s. Chicago. 

## m. Wednesday, November 19, 1975. 10a.m. ESTEnvironmentalProtection. RXforPublicHealth. Undated.

USEPA. News Release. September 14. 1976.

.

FEDERAL REGISTER, VOL 43, NO. 110-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24814 1978 

## 24814 PROPOSED RULES



### tation of PCBs within the United States, and the evidence that PCB's contamitlatethe environmentfar from where they are used. In addition, the distribution in commerce and use (except servicing) of any intact, nonleaking PCB transformer (except

.those used in railroad locomotives or self-propelled cars) or capacitor 

### is considered to be distribution in commerce and use in 

### a. totally enclosed mnnncr.

(a) No person may manufacture for commercial purposes, process for commercial purposes, distribute in commerce, or use any PCB·in any manner other than in a totallY enclosed

manner within tlte United States or manufacture, process, or distribute in

commerce any PCB in any manner other than in 

### a totally enclosed

manner for export from t.he United States.

(b) Effective January 1, 1979, no person may manufacture for commercial purposes any PCB for use within the United States or for export from theUnitedStates.

(c) Effective July 1, 1979, no person may process for commercioJ purposes
ordistribute incommerce any PCB for

use within the United States or for export from the United States, with the following exceptions:

(1) PCB's sold before July I, 

### 1979. for purposes other than resale mny be distributed in commerce only in 

### a totally enclosed manner after that date.

(2) 

### PCB's sold afterJuly I, 

### 1979. for purposes of disposal in 

### accordance withthe requirements of §

### 761.10 may be processed for commercial purposes for disposal and distributed in commercefor disposal.

§761.31 

### Authorizations.

The tollowing nontotallY enclosed PCB activities are authorizedpursuant to sec. 6(e)(2)(B) ofTSCA:

(a) Transformers-Use (servicing). PCB transformers not used in railroad· locomotives or self-propelled cars may be serviced and the associated dielectric fluid may be serviced in a manner other than a totally enclosed manner until five years afterthe effective date of this rule subject to the following conditions:

(1) Servicing' may be performed except servicing which requires that tl1e transformer coil be removed from the transformer casing. The coils may be removed from those PCB tranSformers whose dielectricfluid contains less th;m 500 ppm PCB chemical substance (0.05 percent on a dry 

### weight basis).

(2) Each person who services a PCB transformer shall develop and implement a planforthe control ofPCB exposures and contaimination in 

### accordance withAnnexVII. Any PCB chemical substance orPCB mixture which is used to service or repair

### a. PCB transformer shall be stored in accordance 

## • 

## • •

• • 

## • •



## •• 5. SubpartD 

### is added

### asfollows: Subpart C-Marking afPCBs 

### 4. Section 761.20Ca)(l)(ii) and (aJ(3)(i) are revised to read as follows:

(3) • • • (i) 

### all transformers not marked under paragraph (a)(1) ofthis section except for those PCB transformers that contain dielectric fluid with a PCB concentration less than 500 ppm PCB chemical substance (0.05 percent
on a dryweightbasis) arenotrequired 

### to bemarked.

§761.30 Prohibitions.



### 'Except as provided in §

### 761.10 or 

### as authorized in §

### 761.31. the activities listed in 

### paragraphs (a), (b), and (c) of this 

### section are prohibitedpursuantto §

### 6(e) of TSCA. In 

### addition, the Administrator hereby finds, under the authority of section 12(0.) of TSCA, that the manufacture, processing, and distribution in commerce ofPCB's for export from the United States pre· sents anunreasonable risk ofinjury to healthwithinthe United States andto the environment ofthe United States. This finding is baseduponthe well documented human health and environ· mental hazard of PCB' exposure, the high probability of human and environmental exposure from PCB manufacturing, processing, .or distributing in commerce, the potential hazard of PCB exposure posed by the transporgreaterPCB shallbe disposed ofin ac· cordance with paragraph: (b) of this section. This 

### paragraph (c)(1)(ii) does not apply to any transformer manufacturedafterJanuary 1, 1979.

Subpart D-Manufaduriilg, Processing, Distribution in Commerce, and Use ofPCB's Subpart D-Manufacture, Procelllng,Distribution In Commerce, and Use ofPCBs
'761.30 Prohibitions. '761.31 Authorizations. '761.32 Exemptions 

### [Reservedl.

AUTHOIUTY.-Secs. 6. 8' and 12, Toxic-

### Sub.
stances Control Act, 15 U.S.C. 2605. 2607, 2611. 

## • 

## • • 

# ,. • Subpart B-Disposal ofPCBs 

### 3. Section 761.10(c)(1) is revised to read as follows:

§761.10 

### Disposalrequirements.

(ff>. "Significant Exposure", means any exposure of human beings or the environment to PCB chemical sub· stance orPCB:mixture as-measuredor detected by any scientifically acceptable analyticalmethod.

(gg) "Small Quantities for Research and Development" means any**qu~ti** 

### ty ofPCB chemical substance or PCB mixture which is originally packaged in one or more hermetically sealed §761.20 

### l\larking-requirements. containers of a vOlume of no more (a) ••• than five (5.0) milliliters and which is (1) ••• manufactured' or processed only for (li) 

### PCB transformers at the time of purposes ofscientific experimentation manufacture, at the,time of distribuor analysis orchemical research on, or tion in commerce if 

### not already lao analysis of, PCBs, including research beled, and atthe time ofremovalfrom

or analysis for the development of a use if 

### not already labeled. PCB transproduct. formers containing dielectric fluid

(hh) 

### "Totally Enclosed Manner" with a PCB chemical substance con. means any manner that will 

### ensure centration less than 500 ppm but that any exposure ofhuman b.eings or

. greater than or equal to 50 ppm (on a the environmentto PCB cheDllcal sub· dry 

### weight basis) are not required to stance or PCB mixtures will 

### be insig. belabeled nificant; thatis" notmeasurable orde· • tectableby any analyticalmethod. •

(ii) "Waste Oil" means waste prod·

, ucts primarilyderivedfrompetroleum.

which include, but are not limited to, fuel oils, motor oils, gear oils, cutting / oils, transmission fluids,

,hydraulic

fluids, anddielectricflUids.

(c) • • • 

### (1) PCB TranSformers, (i) 

### Any PCB transformers which contain dielectric fluid whose PCB concentration is 500 ppm or greater shall be disposed ofin accordance with either of the following:

(A) in an incinerator which complies withAnnexI; or

(B) in a chemical waste landfill Which complies with Annex II: Provided, 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 mixtures which are removed shallbe disposed ofin accordance with paragraphs (a) and (b) ofthis section.

(ii) Any PCB transformerwhichcontains dielectric fluid whose PCB con· centration is less than 500 ppm but equal to or greater than 50 ppm PCB shall be disposed of in any manner, provided:

(A) the transformer is first drained ofallfree flowing liquid; and

(B) any dielectric fluid, except that disposed of in accordance with para-- graph (b) of this section, shall be tested for PCB concentration andthat information and datakept as a part of the records required by Annex VI. 

### Dielectricfluidwhichcontains 50ppmor

fEDERAL REGISTER,. VOL. 43, NO. nO-WEDNESDAY, JUNE 7, 1978HeinOnline -- 43 Fed. Reg. 24815 1978 with the storage for disposal requirements ofAnnex ilL

(b) Transformers-Distribution in Commerce and Processing. Persons who service PCB transformers owned by others may distribute in commerce and process PCB dielectric fluid in 

### a.
manner other than 

### a. totally enclosed

manneronlyfor the purpose ofservicing existing PCB transformers until July 1. 1979. subject to the following conditions:

. (1) Ninety days after the effective date of this rule. each persons who services PCB transformers owned by others with PCB dielectric fluid shall reporttoEPAhisbusiness address and the personto whominquires shouldbe directed. This repOrt shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN-342), Environmental Protection Agency. 401 M Street SW., Washington, D.C. 20460.**E~ch** person who services PCB transformers ownedby others withPCB dielectric fluid shall keep 

### a current

.record of tis inventory of PCB dielectricfluid, the serialnumberandowner ofeachPCB transformerservicedwith PCB's, the date eachPCB transformer is servicedwithPCB's, and the nature ofthe servicingperformedwithPCB's. At its discretion, EPA may require 

### a. personwho services PCB transformers owned by others with PCB dielectric fluid to submit a copy of his current record.

(2) Each report submitted to EPA shall contain the following certification:

I understand that I may asserta claImof business confidentiality my marking any part of all of this information as "TSCA Confidential Business Information" and that information so marked

### wm. not be dlsclosed except in accordance with the procedures set forth in 40 CPR Part 2. I further understand that ifI do notmark this information as confidential, EPA may disclose it publicly without providing me notice of an opportunityto object:

_

I certify thatto the bestofmy knowledge the contents

### otthis report are accurate and complete.

Date

------------- Signed------------ PositionTitle

----------

The statement and certification above must-be signed by the chief,executive officerofthe reporting Organizationorhis designee.

.

(3) Each person who services PCB transformers owned by others with PCB dielectric fluid shall develop and implement a plan for the control of PCB exposures and contaminatIon in accordance with Annex VII. Any PCB chemical substance or PCB mixture which is used to service or repair a PCB transformershallbe storedin accordance with the storage for disposal

.requirements ofAnnex

## m. NOTE.-Persons who own and who service their own PCB transformers PROPOSED RULES

with PCB dielectric fluIds are considered to be using the PCB dielectric fluid and 

### are therefore covered under the authorization in paragraph (a). Persons who servicePCB transformers owned by others with PCB dielectrio fluid are considered to be distributing that fluId in commerce since they 

### are selling that dielectrio fluId to the transformer owner and therefore 

### are subjectto paragraph (b). Suchpersons mustpetitionyearlyfor an exemption. Ifservioing ofa.PCB transformerby 8.
nonowner involved the use of 8. nonPCB dielectrio fluid (e.g., toppIng-off with 

### a non-PCB fluId), that servicing is 

### a.usecoveredunderparagraph (a).

(c) Railroad TramjoT"TMn-Use. (l) Transformers contalnlng PCB ml.lctures may be used in a manner other than 8. totally enclosedmanner in railroad locomotives and self-propelled

cars <referred to as "railroa.d transformers") until five years a.ft.erthe effective date ofthis 

### rule subjectto the following conditions:

(1) Fifteenmonths afterthe effective date of this rule, no railroad 

### transformer may contain dielectrIo fluId whose concentration ofPCB chemical substance exceeds 40,000 ppm (four percenton

### a. dryweightbasis).

(li) Three years after the effective. date of this rule no railroad 

### transformer may contain dielectrio fluId whose concentration ofPCB chemical substance exceeds 1,000 ppm (0.10 percenton

### a. dryweightbasis).,

(iii) The concentration of PCB's in the dielectrIo fluId contnlned in railroidtransformers shallbe,measured:

(A) Immediatelyupon completion

### ot any authorized servicing of 

### a PCB transformer intended to reduce the PCB concentration in the dielectrio fluid in the transformer, and

(B) Between 12 and 24 months niter each sen10ing conducted in accord·

ance with paragraph (c)(f1i)(A) of this section.

(iv) Ninety days after the effective dateofthisrule eachpersonwho owns
a. railroad transformer shall report to EPA, and retain records of, the number. ofPCB railroad transformers which he owns and the lIquId volume of each railroad transformer. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division(EN-342), EnvironmentalProtection Agenoy, 401 M Street SW., Washington, D.C. 20460. Eaoh person shall also keep a. currentrecord ofthe dates and nature of each servicing of each PCB transformer and the mensured concentration of PCB in each transformer as required by paragrnph (o5(1)(f1i) of this section. At Its discretion, EPA may require a. person who

owns 

### a. railroad transformer to submit



### a. copyofhis currentrecord.

(v) Ninety dllYS after the effective date ofthis rule each person who services PCB transformers owned by 

## 24815

others with PCB dielectric fluid shall reporttoEPAhisbusiness address and the person to whom inquiries should be directed. ThIs report shall be sent to thePesticides andToxicSubstances Enforcement Division CEN-342). Environmental Protection Agency. 401 M Street SW., Washington, D.C. 20460. Each person who sernoes PCB transformers ownedby others withPCB dielectric fluId shall keep 

### a. current record ofhis inventory ofPCB dielectricfluId, the serialnumberandowner ofeachPCB transformerservicedwith PCB's. the date eachPCB transformer Is serviced withPCB's, andthe nature ofthe servicingperformedwithPCB's. At Its dlscretion, EPA may require a. pcr..onwho services PCB transformers owned by others with PCB dielectric fluId to submit 

### a. copy of his current record.

(vi) Each report submitted to EPA under paragraphs (c)(l) (Iv) and (v) of this sectionshallconta.inthe certificationfoundin §761.3l<b)(2).

(vil) Each 

### person who 

### uses or 

### services a PCB railroadtransformer-shall develop andImplement

### a planfor the control of PCB exposures and contamination in accordance with Annex. VII. Any PCB chemcial substance or PCB mL-rture which is used 

### to service

or repair 8. PCB railroad transformer shall be stored-in accordance withthe storage for dispOsal requirements of Annex ilL

(2) RaIlroadtransformers containing PCB mixtures maybeserviced and beg1nning 15 months after the effective date ofthis rule shall be seIv1ced subject to the conditions of paragraph (c)(l) ofthis section, In the following

manner:

(1) II 

### a. railroad transformer is drained, flushed, or refilled, non-PCB dielectrio fluId shallbe used forrefillIng unless the original fluid has been processed in accordance with para- graph (c)(l)(ll> ofthis section afterits removal from the transformer. PCB fluIds shall be disposed of in accordancewiththerequirements of§761.10.

(ll> Filtration through activated carbon or any other method may be usedforthepurpose ofreduoIngresidual PCB concentrations in railroad transformerdielectricfluId.

(ill) RaIlroad transformers may be rebuiltorserviced using onlynon-PCB dielectricfluId.

(d) Mining equipment-use.. Continuousminer-type andloader-type mining equIpment containIng PCB motors may be used andthese motors toppedoff with PCB fluid in the field in 

### a.**nontotally~enclosed** manner until December 31, 1981, subjectto the followIngconditions:

(1) PCB motorsinloader-typeequipment shall be rebuilt as air-cooled motors or replaced with non-PCB motors at the time the motor is returned to 8. service shop for servicing.

FEDERAL REGISTER, VOL 43, NO

.. nO-WEDNESDAY, JUNE 7, 1911HeinOnline -- 43 Fed. Reg. 24816 1978 

## 24816

,The rebuilt motors may not contain

any PCBs.

(2) PCB motors,in continuous minertype equipment may not be rebuilt as

, PCB motors after 12 months after.the

effective date ofthis rule.

(3) Ninety days after the effective date ofthis rule eachpersonwho owns PCB mining equipment shall report to EPA, and retain records of, the type and quantity ofequipment owned con- taining PCB motors, the serialnumber of each PCB motor, the number of PCB motors in his inventory, and the amount of PCB heat transfer fluid in his inventory. This report shall be sent to the Pesticides and Toxic Substances Enforcement Division (EN342), Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460. Eachpersonwho owns PCB mining equipmentshall also keep

a current record of'the date that each PCB motor is rebuilt as an air-cooled motor. If any of the PCB mining equipment is sold, the transaction and the parties thereto shall be reported to EPA by the seller. At its discretion, EPA may require a person who owns PCB mining equipment to submit a copy ofhis currentrecord.

(4) Each report submitted to EPA under paragraph (d)(3) of this section shall containthe certificationfoUnd in §761.3l<b)(2).

,

(5) Each person who uses or services PCB mining equipment shall develop and implement a plan for the control of PCB exposures and contamination in accordance with annex VII. Any PCB chemical substance or PCB mixture which is-used to service or repair PCB mining equipment shall be stored in accordance with the storage for disposalrequirements ofannex III.

(e) Mining equipment-Distribution in £ommerce and processing. Persons who service continuous miners motors o\'med by others which contain PCB fluid may distribute in commerce and process PCB fluid in a manner other than a totally enclosed manner only for the purpose ofservicing these con- tinuous miner motors until July 1, 1979, subject to the following conditions:

,

<I)'Ninety days after the effective date of this rule each person who ser- vices continuous miner motors owned by others with PCB fluid shall report to EPA his businesS address and the person to whominquiries shouldbe directed. This report shallbe sent to the Pesticides and Toxic Substances Enforcement Division (EN-342), Environmental Protection Agency, 401 M Street ·SW., Washington, D.C. 20460. Each person who services continuous miner motors owned by others with PCB fluid shall keep a current record of his inventory of PCB fluid, the serial number and ovmer of each con- tinuous minermotorserviced, the date each continuous miner motor is serPROPOSED RULES

viced, and the nature of the servicing performed. At its discretion, EPA may require a person who services continu-

ous miner motors owned by others with PCB fluid to submit a copy ofhis

. currentrecord.

(2) Each report submitted to EPA under paragraph (e)(1) of this section shall containthe certificationfound in §761.3l<b)(2).

(3) Each person who services con· tinuous minermotors ownedby others with PCB fluid shall develop and implement a plan for the control ofPCB exPosures and contamination in ac- cordance with annex VII. Any PCB chemical substance or PCB 'mixture Which is used to service or repair con- tinuous miner motors shall be stored in accordance lwith the storage for disposalrequirements ofannex III.

NOTE.-Persons Who service continuous miner motors owned by others with PCB fluld are considered to be distributing that fluid In commercesincetheyaresellingthat fluid to the continuous miner owner and therefore are subjectto paragraph (e). Such persons must petition for an exemption to continue this activity afterJune 30, 1979.

- 

### . (f) Hydraulic die casting systems-
use. (1) Hydraulic die casting systems containing PCB mixtures may be used and serviced in a manner other than a totally' enclosed manner until five years after the effective. date ,of this rule subject to the following condi· tions:

(i) Each person who owns a hydraulic die casting system which ever con- tained PCB hydraulic fluid shall test for the concentration of PCB's in the hydraulic fluid no later than 90 days after the effective date of this rule and at 6-month intervals orless beginning 1 year after the effective date of this rule. If a system's fluid contains greater than 50 ppm PCB chemical substance <0.0050 percent on a dry weight basis), the system shall be drained of the PCB mixture and re- filled with non-PCB fluid orwith fluid containing less than 50 ppm PCB within 1 year of the effective date of this rule and within 10 days after any subsequent test ofthe PCB concentration ofthe fluid which shows the PCB concentration equals or exceeds 50 ppm. PCB mixtures shall be disposed of in accordance with the requirements of§761.10.

(li) The requirements of paragraph (f)(1)(i) may be discontinuedfor a particular system after two consecutive tests of samples,taken no less than 3 months apart show that the PCB con- centration in that system is'less than 50 ppm. If it is subsequently determined that the PCB concentration in such a system exceeds 50 ppm, that system shall then be subject to the re- quirements of paragraph (f)(1)(i) of this section until the PCB concentration is reduced to below 50 ppm for two consecutive tests ofsamples taken

no less than three months apart. (iii) Ninety days after the effective date ofthis rule eachperson who owns
a hydraulic die casting system that

ever contained a PCB mixture sholl report to EPA, and retain records of, the number of systems he owns con· taining PCB mixtures, the type of each system, and the PCB concentra· tion of the hydraulic fluid contained in each'system. This report shall be sent to the Pesticides and Toxic Sub· stances Enforcement Division (EN342), Environmental Proteotion Agency, 401 M Street SW., Washington, D.C. 20460. Eaphpersonwho owns
a hydraulic die casting system thnt contains a PCB mixture shall also keep a current record of the**dll.t~s** of each draining or refilling and the measured PCB concentration of the hydraulic fluid in the refilled system

on those dates for each system. If any system is sold, the transaction nnd the parties thereto shall be reported to EPA by the seller. At its discretion, EPA may require the'submission of n copy ofa person's currentrecord.

(Iv> Each report submitted to EPA under paragraph (f)(l)(iU> of this sec- tion shall contain the certification found in §761.31(b)(2).

(v) Each person who owns n hydrnulie die casting system thnt contains n PCB mixture or who services systems

orfluid that containPCBs shall develop and implement a plan for the con- trol of PCB exposure and contaminntion in accordance with annex VII. Any PCB chemical substdnce or POB mixture which is stored for use or ser- vicing shall be stored in accordance with the storage for disposnl requirements ofannex III.

(2) Hydraulic die casting systems that contain PCB mixtures mny be used and serviced subject to the conditions in paragraph (f)(l) of this sec- tion inthefollowing manner:

(i) Hydraulic fluid containing PCB chemical substance concentrations equnl to, or greater than, 50 ppm in die casting systems may be drained from the systemfor the purpose ofre- ducing the PCB concentration or for disposnl. PCB mixtures shall be, disposed of in accordance with the re- quirements of§761.10.

(if) Hydraulic die casting systems may be flushed and refilled with any fluid that contains less than 50 ppm PCB chemical substance.

(iii) Hydraulic fluid removed from hydraulic die casting systems thatcon· tains 50 ppm PCB chemical substance,

orgreater, may befiltered, distilled, or otherwise serviced to reduce the PCB chemical substance concentrntion below 50 ppm. •

(g) Carbonless copy paper-use. Carbonless copy paper containing PCBs may be used in a manner other than a tot-ally enclosed manner Until 5 years afterthe effective date ofthis rule.

FEDERAL REGISTER, VOL 43, NO.'llo-WEDNESDAY, JUNE, 7, 1978HeinOnline -- 43 Fed. Reg. 24817 1978 PROPOSED RULES 

## 24817

Subpart E-Ust ofAnnexes


### 6.**~ubpart** 

### E is 

### amended by adding

annex No.

## vn consisting of §

### 761.46 as follows: PCB contamination of these routes and supplies must be immediately pose. PCB releases that go dlrectly to lI.\'nllable at the PCB servicing site. surface or ground water pose the Such apparatus must be sufficient to greatest risk, followed by imminent transfer the liquid contents ofa dam

### threats 

### to surface or ground water, aged article, such as 

### a. transformer, or land contamination in 

### areas where a damaged container so that a dis

### humans or significant anlmal 

### JX)pula- charge or release can be 

### stopped or § 761.46 PCB exposure and contamination 

### tlons couldbeexposed, croplands, land the Imminentriskofa discharge orrecontrol plans. 

### and areas that could contrIbute to sIg· leasecanbe

### preventedbysucha trans- 

### (a) The purpose of a 'PCB exposure ·nlflcantairborne movements ofPCB's. fer. Transfers shall be made in appro- The operatIons plan should be espe- prlatecontainers. and contamination control plan (PCB cia.lly dlrected to those sItuations (C) Prearrangedplans for transport

### ECCP) is 

### to help insure that risks as- 

### where the above analysls 

### shows the in" and**.tl~osing** 

### of

....y PCB wastes sociated with activities either author- high t IsIt. 0

......1' <>U 

### , es r or resIdues at approved PCB disposal ized by or exempted from require- ments ofthis regulation are mjnimal. (2) A response and controlplanthat sites. Theplanwill

### require delineationofall 

### described step-by-step procedures to CD) Procedures for removing, consteps and processes involved in an au. be 

### followed when a release of PCB's talning, transporting, and disposing of thorized or exempted activity and will 

### occurs at a PCB use or servicing oper- large quantities of soll contaminated inclUde requirements for notification ation. The plan shall include proce- by aPCB release ordischarge. of proper authorities and basic steps dures for incidents thatrangefromre- eE) 

### Written Instructions and a profor response to releases, such as spills, leases of PCB's that 

### are captured In 

### crnm. of direct training on at least 

### a. ofPCB's. Specifically, each PCB ECC drip pans 

### to much greater releases, semi-annual basis for all 

### procedures, plan shallcontain the,following infor- suchas loss ofthe entirecontents ofa. equipment, apparatus, tools, or sup- mation: PCB transformer with some or all 

### of pliesthatcould be expected

### tobe

### used

(1) 

### A written operations plan that the loss escaping the controls estab- in a PCB exposure andcontamination describes step-by-step procedures to be 

### lished in the operations pIan. EIe- controlpIan. • followed in 

### the performance ofan a.u. ments to be included in the resJX)nsc (b) A copy ofthe ECC plan shallbe thorized PCB activity. The plan shall planare: availableineachofthefollowingloeabe designed in an appropriate style (i) 

### Procedures for notifying appro- tlons:

. and""format to inform and instructthe priate individuals and organIzations of (1) WIth the spill 

### prevention, conperson expected to be performing the a release of PCB's. These procedures tro!. and countermeasure (SPCC) plan PCB activity. Elements to be included shallincludethefollowing: asrequiredby40 

### CFR 111. inthe operationsplanare: (A) The name of the person(s) re- (2) In 

### the office for the facility

(i) 

### Procedures for assembling and sponsibleforcoordInatingresponses to where the servicing is 

### beingperformed testing equipment and apparatus such PCB Incidents (designatedby the ser· andwith otherPCB mes attheprincias piping, hoses, pumps, valves, fit- vlc1ng

### and/orusingorganization). pal office of the servicing organiza.-

. tings, etc., in a manner that will 

### pre- (B) 

### Communication systems estab- tion.

vent failures, leaks, spills, 

### or other in. Iished on a 24.hour per day basis 

### to (3) Witheachgroup ofemployees as cidents thatcouIdresultintherelease permitexpeditiousnotifications. they perform the actitiviesthat may ofPCB'sfromtheapparatus. (C) The 

### U.s. Coast Guard National result In an exposure or 

### a. contamina-

(li) 

### Procedures for operating ll.Il)' 

### Response Center. telephone No. 800- 

### tionincident. equipmentorapparatus orprocessina 424-8802. 

### (c) No PCB activity authorized by

manner that will 

### prevent failures, CD) The Regional EPA Emergency this 

### rule is 

### permitted unless the PCB leaks, spills, or other incidents that Response Center in the region in ECC plan has

### beenreviewed andcerticould result in the release of PCB's. whichtherelease occurs. fied by a registered professional engi

### Theseprocedures shallincludetheuse eE) 

### State and local government JX)1· neer. The engineer shall attest that of catch or drip pans and any 

### other lutlon control authorities and any 

### ap- the PCB contingency pIan has 

### been devices that will 

### prevent the loss of proprIate emergency response centers. prepared In accordance wIth good enany PCB's during the operations in- (F) Persons indicated In paragraph gineering practice and that the pIan cluding such operations as removing (a)C1)(i)(A) ofthis section shall

### be no- complies wIth the protlisions of parapipes or hoses or operating valves or tilledandshallretainrecords atall 

### reo graphs (a) and (b) of this 

### section. filling containers. Procedures minimiz. leases of PCB's. All releases'or dis- 

### However, this certification is 

### not deing worker exposure to PCB's during charges that escape from the Immedi· terminative ofthe plan's adequacy. At all phases ofthe operation shallbe in- 

### ate work area shall be reported to all 

### its discretion, EPA may review the cluded. persons and organizations in 

### para- pIan or require a person to demon-

(iii) 

### Procedures for preventing ll.Il)' 

### graphs (a)(l)(f)CA)-(E) of this section. strate thathis planmeets the-requirereleases ofPCB's that occurfrom fail. In 

### addition, allreportingrequirements ments ofparagraphs (a) and (b) 

### ofthis

ures not prevented by paragraphs of40 

### CFR 118, the TSCA § 8(e) 

### polley section. If

### EPA finds that a plan does Ca)(1)(i) or (li) 

### of this section from statement for reporting oftoxies inci· notconformto good engineeringpracleaving the immediate work area. dents (43 PH 11110, March 16, 1978), tlce, or if 

### EPA finds that a person is 

### These procedures shall-include such -and 

### anY other Federal, State, orlocal notimplementing any

### provisionofthe steps as controlling drainage systems reportingrequirementsmustbemet. plan, EPAmay take any 

### ofthefollowso that PCB's cannot escape from the (ll) 

### Procedures for controlllng, mit!· 

### ingactions: draiJiage controls in the event of a gating, andcleaningup any

### releases of (1) 

### EPAmay require that

### a. plan acPCB release during the servicing oper- PCB's. Such procedures shall include ceptable to EPAbe written andimpleation. These drainage system controls thefollowing: mented. : could include provisions such as tem. (A) The location and the proper use (2) EPA may suspend 

### a. person's porariIy plugging roof drains 

### during ofPCB containersfor any

### collectedre- PCB authorizationuntil a pIanacceptPCB servicing operations on tops of sidues of PCB chemical SUbstances, able to EPAis

### written andimplementbuildings or· curbing or diking 

### PCB mixtures, debris, sorbents,rags, etc. ed. work areas to provide containment of (B) The location oftools, apparatus, (3) EPA may enjoin future conduct PCB's. In 

### developingtheseprocedures, and supplies for containing pumping whIch may present an unreasonable

an analysis shallbemade oftheroutes and transferlng, and/or sorbing any risk of a PCB expo..-ure orcontaminathat a PCB release could follow and PCB's released from any 

### PCB servIe- tlonincident. the potential environmental risks that ing 

### operations. Such tools, apparatus, [FR Doe. 78-15837Filed6-6-78; 8:45 am]

FEDERALREGISTER. VOL

### 430NO. nO-WEDNESDAY, JUNE7,1971



# -

-... 

# ---**~~** 

### ...**~..;~~~.~. ,~** HeinOnline -- 43 Fed. Reg. 24818 1978 

### 24818

• [6560-01]


### ENVIRONMENTAL PROTECTION AGENCY

[890-2]

TOXIC SUBSTANCES CONTROL Ace

Notlflcatlon of Export of**Polychlori~ated**

BiphynylsandFullyHalogenatedChlorofluoroalkanes Under Sedion 12{b) 

### AGENCY: Environmental Protection Agency.
ACTION: Interimprocedures.
SUMMARY: This policy statement provides prelininary guidance for exporters of polychlorinated biphenyls (PCB's) and fully halogenated chlorofluoroalkanes

. (chlorofluorocarbons)

onhow to complywith section 12(b)(2) of the Toxic Substances Control Act, 15 U.S.C. 2611. Section 12(b)(2) states, in part, that any person who exports

or intends to export to a foreign country a chemical substance or mixture for Which a rule has been proposed or promulgated under section 6 shall notify the Administrator of such exportation or intent to export, and dir

### ects the Administrator to furilish the government of that.country notice of suchrule.
DATE: This policy is in 

### effect as of June 7, 1978.
FOR FURTHER INFORMATION CONTACT:

.

Margaret E. Brown, Chemical Information DiviSion, Office of Toxic .sUbstances (TS-793), Environmental Protection Agency, 401 M Street SW., Washington, D.C. 20460, 202- 426-4790. 

### . NOTICES

SUPPLEMENTAL INFORMATION: Rules under section 6 of the Toxic Substances ControlActhave been promulgated for chlorofluorocarbons (40 CFR 

### 762; 43 FR 11324, March 17, 1978), and for, marking 

### and disPosal of PCB's (40 CFR 

### 761; 43 FR 7150, February 

### 17, 1978). A section 6 

### rule is being proposed to banPCBs in 

### today's FEDERAL 

### REGISTER. The procedures described herein provide interim guidance for complying with section 12(b)(2), and apply only to submission of.section 12(b)(2) notices for PCB's andchlorofluorocarbons.

Final guidance, whiCh will 

### supersede these'procedures, is 

### currently being drafted. Public comments will 

### be formally solicited prior to a revision of theseprocedures.

This notice is 

### procedural guidance an.d hence is 

### exempt from the notice and public comment provisions of the AdministrativeProcedureAct, 5 U.S.C. 553.**Dat~d:** 

### May 22, 1978.

DOUGLAS M. COSTLE, Administrator.

I. REQUIREMENT FOR SUBMISSION OF NOTICE OF EXPORT 

### Notice is 

### required for the export of all chlorofluorocarbon substances and mixtures and for all 

### PCB's (as defined at 40 CFR 

### 761.2) except for PCB equipment. Because of the special scope\of the PCB rule required by TSCA section 6(e), EPA believes that PCB substances, mixtures, articles, containers, equipment, article containers, and 

### pca coatings, sealants and dust-- control agents (as defined at 40 CFR 761.2 andin

### today's FEDERAL

### REGISTER) 

### are all subject to section 12(b)(2). However, because of the ex· tremely small amounts of PCBs pres· ent in 

### individual equipment (SUch 

### as television sets) EPA has concluded no· tification of exports of PCB equip· ment would be excessively burden·

some. Hence, such notification is not required under these interim. proce· dures.

II. CONTENTS OF NOTICE



### This notice must contain (1) 

### A state· ment that it is being submitted pursu. ant to section 12(b)(2) and 40 CPR part 762 or section 12(b)(2) and pro· posed 40 CFR 

### part 761.2 as approprI· ate, (2) the name and address of tho eXPl?rter, (3) the dates of each ship. ment or intended shipment, and (4) 

### the country' to which the fully haloge· nated chlorofluoroalkanes or PCB's

arebeing exported.

III. SUBMISSION OF NOTICE 

### The notice is to be submitted to the Document Control Officer, Chemical Information Division, Office of Toxic Substances (T8-793), Environmental Prote?tion Agency, 401 M Street SW., Washmgton, D.C. 20460.

IV. CONFIDENTIALITY 

### Persons submitting the information specified in 

### Part II may assert a claim ofbusiness confidentiality by marking this information as "TSCA Confiden· tial Business Information." Informa· tion so marked will 

### not be disclosed except in accordance with the proce· dures set forth in 40 CPR Part 2. If



### .such claim is not asserted, EPA may 'disclose the information without pro· viding notice ofdisclosure or an oppor· tunity to object.

[PRDoc. 78-15838 Filed 6-8-78: 8:45 am]

FEDERAL REGISTER, VOL. 43, NO. nO-WEDNESDAY, JUNE 7, 1978