35384 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 750 and 761

[OPPTS–66009C; FRL–5726–1]

RIN 2070-AC01

Disposal of Polychlorinated Biphenyls

(PCBs)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is amending its rules

under the Toxic Substances Control Act

(TSCA) which address the manufacture,

processing, distribution in commerce,

use, cleanup, storage and disposal of

polychlorinated biphenyls (PCBs). This

rule provides flexibility in selecting

disposal technologies for PCB wastes

and expands the list of available

decontamination procedures; provides

less burdensome mechanisms for

obtaining EPA approval for a variety of

activities; clarifies and/or modifies

certain provisions where

implementation questions have arisen;

modifies the requirements regarding the

use and disposal of PCB equipment; and

addresses outstanding issues associated

with the notification and manifesting of

PCB wastes and changes in the

operation of commercial storage

facilities. This rule also codifies policies

that EPA has developed and

implemented over the past 19 years.

This rule will streamline procedures

and focuses on self-implementing

requirements and the elimination of

duplication. Some activities currently

requiring PCB disposal approvals will

no longer require those approvals. EPA

believes that this rule will result in

substantial cost savings to the regulated

community while protecting against

unreasonable risk of injury to health and

the environment from exposure to PCBs.

DATES: This rule shall become effective

August 28, 1998. This rule shall be

promulgated for purposes of judicial

review at 1 p.m. eastern daylight time

on July 29, 1998 (see 40 CFR 23.5, 50

FR 7271).

The information collection

requirements contained in this rule have

not yet been approved by the Office of

Management and Budget (OMB) and are

not effective until OMB approves them.

Once OMB has approved the

information collection requirements

contained in this rule, EPA will publish

another document in the Federal

Register to announce OMB’s approval

and to amend 40 CFR part 9 to

incorporate the assigned OMB approval

number into the table of OMB control

numbers for EPA regulations at 40 CFR

9.1.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Rm. E-543B, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460, (202) 554–1404,

TDD (202) 554–0551, e-mail: TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Availability:

Electronic copies of the following

documents: Response to Comments

Document on the Proposed Rule--

Disposal of Polychlorinated Biphenyls

and Support Document for the PCB

Disposal Amendments, Final Rule are

available from the EPA Home Page at

the Federal Register - Environmental

Documents entry for this document

under ‘‘Laws and Regulations’’ (http://

www.epa.gov/fedrgstr/).

The following outline is provided to

assist the reader in locating topics of

interest in the preamble.

I. Regulated Entities

II. Background

A. General Reaction to Proposed Rule

B. Overview of Final Rule

C. Statutory Authorities

D. Unreasonable Risk Standard

III. Issues Not Addressed by this Rulemaking

A. Preempting Other Requirements

B. Toxicity of PCBs

C. Issues Deferred for Later Rulemaking

IV. Notice of Final Rulemaking

A. General Requirements

B. Manufacturing, Processing, Distribution

in Commerce, and Use

C. Storage of PCB Articles Designated for

Reuse

D. Marking

E. Disposal

F. Storage for Disposal

G. TSCA PCB Coordinated Approvals

H. Decontamination

I. Exemptions for Manufacturing,

Importing, Processing, Distributing in

Commerce, and Exporting PCBs

J. Transboundary Movements

K. Change in Reportable Quantity — Spill

Cleanup Policy

L. Records and Monitoring

M. Amendments to the Notification and

Manifesting Rule

V. Chart of Marking and Recordkeeping

Requirements and EPA Forms

VI. Rulemaking Record

VII. References

VIII. Regulatory Assessment Requirements

A. Executive Order 12866

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

D. Unfunded Mandates Reform Act and

Executive Order 12875

E. Executive Order 12898

F. Executive Order 13045

G. National Technology Transfer and

Advancement Act (NTTAA)

H. Submission to Congress and the General

Accounting Office

I. Regulated Entities

Entities potentially regulated by this

action are those which manufacture,

process, distribute in commerce, use, or

dispose of PCBs. Regulated categories

and entities include:

Category Examples of Regulated Entities

Industry Chemical manufacturers, electroindustry

manufacturers,

end-users of electricity, PCB waste

handlers (e.g., storage facilities, landfills and incinerators), waste transporters, general

contractors

Utilities and rural

electric cooperatives

Electric power and

light companies

Individuals, Federal,

State, and Municipal Governments

Individuals and agencies which own,

process, distribute

in commerce, use,

and dispose of

PCBs

This table is not exhaustive, but lists

the types of entities that could

potentially be regulated by this action.

Other types of entities may also be

regulated. To determine whether your

entity is regulated by this action,

carefully examine the applicability

criteria in 40 CFR part 761. If you have

questions regarding the applicability of

this action to a particular entity, consult

the person listed in the preceding ‘‘FOR

FURTHER INFORMATION CONTACT’’

unit.

II. Background

A. General Reaction to Proposed Rule

On June 10, 1991 (56 FR 26738), EPA

issued an Advanced Notice of Proposed

Rulemaking (ANPR) to solicit comments

on possible changes to the PCB disposal

regulations promulgated under the

authority of TSCA section 6(e) and

codified in 40 CFR part 761. On

December 6, 1994 (59 FR 62788) (FRL4167-1), EPA issued a Notice of

Proposed Rulemaking (NPRM) after

considering comments and supporting

data on the issues outlined in the ANPR

and other issues brought to EPA’s

attention during the course of

implementing the TSCA PCB program.

After publication of the NPRM, EPA

conducted a series of briefings on the
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35385

proposed amendments to better

acquaint potential commenters with the

potential impacts so that they could

better formulate their comments. On

June 6 and 7, 1995, EPA held a public

hearing on the proposed amendments. A

transcript of that hearing is in the public

record. Almost all commenters

supported the objectives EPA proposed

for the PCB program, but they also

provided numerous comments on how

to better achieve those objectives.

EPA has prepared a Response to

Comments document which addresses

comments not otherwise discussed in

this preamble. You may review the

Response to Comments document in the

TSCA Public Docket (OPPTS docket

control number 66009A), Rm. B607,

Northeast Mall at the Environmental

Protection Agency, 401 M St., SW.,

Washington, DC.

B. Overview of Final Rule

This rulemaking promulgates

significant amendments affecting the

use, manufacture, processing,

distribution in commerce, and disposal

of PCBs.

These amendments add regulatory

provisions authorizing certain uses of

PCBs; authorizing the manufacture,

processing, and distribution in

commerce of PCBs for use in research

and development activities; specifying

additional alternatives for the cleanup

and disposal of PCBs; and clarifying the

processing for disposal exemption.

These amendments also add sections

establishing standards and procedures

for disposing of PCB remediation waste

and certain products manufactured with

PCBs; establishing procedures for

determining PCB concentration;

establishing standards and procedures

for decontamination; establishing

controls over the storage of PCBs for

reuse; and establishing a mechanism for

coordinating TSCA disposal approvals

for the management of PCB wastes

among various Federal programs. These

amendments also update several

marking, recordkeeping, and reporting

requirements.

The regulatory requirements that

apply to materials containing PCBs

depend in part on the PCB

concentration. To ensure a consistent

and reproducible basis for determining

PCB concentrations, § 761.1(b)(4)

provides that the concentration of nonliquid PCBs must be determined on a

dry weight basis; the concentration of

liquid PCBs must be determined on a

wet weight basis; and the concentration

of multi-phasic (i.e., both non-liquid

and liquid) PCBs must be determined by

separating the phases and analyzing

each phase.

C. Statutory Authorities

This final rule is issued pursuant to

sections 6(e)(1), 6(e)(2)(B), 6(e)(3)(B) and

18(b) of TSCA. Section 6(e)(1)(A) gives

EPA the authority to promulgate rules

regarding the disposal of PCBs (15

U.S.C. 2605(e)(1)(A)). TSCA section

6(e)(1)(B) provides broad authority for

EPA to promulgate rules that would

require PCBs to be marked with clear

and adequate warnings (15 U.S.C.

2605(e)(1)(B)). TSCA section 6(e)(2)(B)

gives EPA the authority to authorize the

use of PCBs in other than a totally

enclosed manner based on a finding of

no unreasonable risk of injury to health

or the environment (15 U.S.C.

2605(e)(2)(B)). TSCA section 6(e)(3)(B)

provides that any person may petition

EPA for an exemption from the

prohibition on the manufacture,

processing, and distribution in

commerce of PCBs (15 U.S.C.

2605(e)(3)(B)). EPA may grant an

exemption based on findings that an

unreasonable risk of injury to health or

the environment will not result, and

that the petitioner has made good faith

efforts to develop a substitute for PCBs.

D. Unreasonable Risk Standard

Under TSCA section 6(e), EPA makes

decisions using the concept of

‘‘unreasonable risk.’’ In evaluating

whether a risk is unreasonable, EPA

considers the probability that a

regulatory action will harm health or the

environment, and the costs and benefits

to society that are likely to result from

the action. See generally, 15 U.S.C.

2605(c)(1). Specifically, EPA considers

the following factors:

1. Effects of PCBs on human health

and the environment. EPA considers the

magnitude of exposure and the effects of

PCBs on humans and the environment.

The following discussion summarizes

EPA’s assessment of these factors.

a. Health effects. EPA has determined

that PCBs are toxic and persistent. PCBs

can enter the body through the lungs,

gastrointestinal tract, and skin, can

circulate throughout the body, and can

be stored in the fatty tissue. Available

animal studies indicate an oncogenic

potential. EPA has also found that PCBs

may cause reproductive effects and

developmental toxicity in humans.

Chloracne may also occur in humans

exposed to PCBs.

b. Environmental effects. Certain PCB

congeners are among the most stable

chemicals known, which decompose

very slowly once they are released in

the environment. PCBs are absorbed and

stored in the fatty tissue of higher

organisms as they bioaccumulate up the

food chain through invertebrates, fish,

and mammals. This ultimately results in

human exposure through consumption

of PCB-containing food sources. PCBs

also have reproductive and other toxic

effects in aquatic organisms, birds, and

mammals.

c. Risks. Toxicity and exposure are

the two basic components of risk. EPA

has concluded that any exposure of

humans or the environment to PCBs

may be significant, depending on such

factors as the quantity of PCBs involved

in the exposure, the likelihood of

exposure to humans and the

environment, and the effect of exposure.

Minimizing exposure to PCBs should

minimize any eventual risk. EPA has

quantified risks from certain exposure

scenarios (See for example, Refs. 1 and

2). For example, assessments of the risks

from exposure to PCBs in soil have been

used as the basis for several of today’s

regulatory actions.

2. Benefits of PCBs and the

availability of substitutes. The benefits

to society of particular activities

involving PCBs vary. PCBs were used

principally because they had excellent

dielectric properties. The dielectric

properties were supplemented by

thermal stability and even the ability to

retard burning, a considerable problem

with the most commonly used

alternative dielectric fluid. For other

uses, thermal stability and flame

retardancy were enhanced by resistance

to degradation by chemical oxidizers,

acids and bases. Although it is difficult

to estimate the financial benefits from

the reduction in industrial fires from the

use of PCBs, it is clear that there were

far fewer fires from the use of PCBs as

alternatives to other commonly used

flammable and ignitable fluids. These

benefits are especially significant in

uses where heat was generated or where

a fire from another source would be

augmented and intensified by the

presence of flammable fluids.

Unfortunately, the properties of thermal

stability and resistance to chemical

degradation which made PCBs so useful

industrially, make PCBs a problem

when they are released to the

environment, where they and their toxic

effects persist for long periods. The

toxic effects of PCBs do not play a role

in most uses where there is little, if any,

actual exposure. So long as the PCBs are

used inside containers and are not

available for potential exposure or

release to the environment, the benefits

from their continued use, versus the

cost to decontaminate or dispose of and

replace them, can outweigh the risks.

While some electrical equipment

manufactured to contain PCBs prior to

1978 is still in use, most of the

equipment in use that contains PCBs
35386 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

was manufactured to use another

dielectric fluid, but was contaminated

with PCBs during manufacturing or

servicing. In most cases, the PCB

concentration is low and the industrial

properties of PCBs are for all practical

purposes no longer contributing to

continued use of the equipment.

Similarly, because of their chemical

inertness, the low concentration PCBs

do not interfere with or compromise the

use of the contaminated alternative

dielectric fluids. Therefore, the benefits

from continued use of the contaminated

equipment, as opposed to

decontamination or disposal and

replacement, can continue to be

realized.

3. Costs. The reasonably ascertainable

costs of this rulemaking are discussed in

detail in ‘‘Cost Impacts of the Final

Regulation Amending the PCB Disposal

Regulations at 40 CFR Part 761’’ (Ref. 3).

Overall, this rulemaking is intended

to protect against unreasonable risks

from PCBs by providing cost-effective

and environmentally protective disposal

options that will reduce exposure to

PCBs by encouraging their removal from

the environment, thereby reducing the

potential risk to human health and the

environment from PCBs. The rule also

authorizes certain continued uses of

PCBs and materials contaminated with

PCBs where exposure can be controlled

and where removal and disposal of the

material would be costly or impractical.

More detailed analyses of unreasonable

risk specific to individual regulatory

provisions are included throughout the

preamble.

III. Issues Not Addressed by this

Rulemaking

A. Preempting Other Requirements

Several commenters raised the issue

of a general preemption under TSCA of

all other Federal, State, and local laws

and regulations concerning the

management of PCB wastes. As stated in

the NPRM preamble, TSCA does not

allow the Administrator to preempt

State disposal rules which describe the

manner or method of disposal of a

chemical substance or mixture, or in

this instance, the disposal of PCBs (59

FR 62832). Moreover, EPA believes that

such a preemptive rule would not flow

from any of the proposed changes and

therefore is not within the scope of this

rulemaking.

B. Toxicity of PCBs

Several commenters argued that EPA

should reassess the toxicity of PCBs. In

the NPRM, EPA indicated that it had

undertaken a study of PCB toxicity. This

study, completed in September 1996,

found PCBs to be carcinogenic, but

concluded that PCBs are not as potent

as previously determined (Ref. 4). In

today’s final rule, EPA has proceeded

with the TSCA PCB requirements based

on the risk data relied on in the NPRM.

The Agency will consider additional

revisions to these TSCA regulations in

the future to accommodate additional

new information clarifying PCB noncancer effects and bioaccumulation

factors, and to remain consistent with

regulations issued under other statutes,

such as the Clean Water Act (CWA), and

with other EPA policies, such as those

governing response actions under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA). EPA will follow closely

the public comment process on other

rulemakings, and upon completion of a

balanced assessment of both the cancer

and non-cancer effects, will adjust its

regulatory standards on PCBs as

appropriate.

In adopting this policy position, EPA

weighed the potential benefits and costs

associated with revising the final rule to

reflect the most recent PCB cancer

potency information. Such a change at

this time would delay the issuance of

the final rule and its anticipated large

cost savings, for likely only very

marginal benefits.

C. Issues Deferred for Later Rulemaking

EPA today is not finalizing provisions

regarding exports of PCBs (see Unit IV.J.

of this preamble), or use authorizations

for non-liquid PCBs. EPA intends to

address these issues in future

rulemakings.

In the NPRM, EPA solicited

comments on the appropriate levels for

corrective action of PCB contamination

under the Resource Conservation and

Recovery Act (RCRA) (59 FR 62794-95).

EPA is not taking final action on this

part of the proposal today. Those

comments will be addressed by the

Office of Solid Waste and Emergency

Response (OSWER) during the process

for promulgating final RCRA corrective

actions regulations. (For more

information, see 61 FR 19432, May 1,

1996.) The Office of Pollution

Prevention and Toxics will continue to

work with OSWER and other Offices in

the Agency to coordinate programs

concerning PCBs.

In addition, EPA has issued in the

Federal Register a Notice of Intent to

implement a Performance Based

Measurement System (PBMS), under

which the regulated community would

be able to select any appropriate

analytical test method for use in

complying with EPA’s regulations (62

FR 52098, October 6, 1997) (FRL–5903–

2). Implementation of this program for

a given rule requires that EPA propose

changes and seek public comment on

them. EPA intends to propose such

changes to the TSCA PCB regulations in

the future. The Agency defines PBMS as

a set of processes wherein the data

quality needs, mandates, or limitations

of a program or project are specified,

and serve as criteria for selecting

appropriate methods to meet those

needs in a cost-effective manner. Where

PBMS is implemented, the regulated

community would be able to select any

appropriate analytical test method for

use in complying with EPA’s

regulations. It is EPA’s intent that

implementation of PBMS have the

overall effect of improving data quality

and encouraging advancement of

analytical technologies. The Agency

anticipates proposing amendments to

certain of its regulations, as needed, to

incorporate PBMS into its regulatory

programs. EPA intends to implement

PBMS on a program-specific basis. Each

of EPA’s programs is presently

developing a plan for implementation.

EPA intends to provide ample

opportunity for the public to comment

on specific aspects of PBMS

implementation.

Finally, EPA is deferring final

regulatory action on proposed

§ 761.30(q) for future rulemaking. In the

NPRM, EPA solicited comments on

authorizing the use of PCBs in existing

applications that had not been

authorized by previous PCB

rulemakings (59 FR 62809, December 6,

1994). Although EPA received many

comments supporting the proposed

authorizations, many commenters

wanted EPA to drop many, if not all, of

the proposed conditions for the

authorizations. EPA needed additional

time to review the recently submitted

risk assessment studies and also to

obtain additional data for certain uses in

order to reduce the uncertainties

associated with the available studies.

EPA therefore intends to publish a

Supplemental Notice to solicit

additional data on the items that EPA

proposed authorizing in the NPRM. EPA

is interested in any data that could be

used by the Agency in its review of the

risks of exposure from PCBs that might

be associated with the existing

applications of the PCB-containing

items that were identified in the NPRM.

EPA is particularly interested in data

relating to the following items, when

such items have been identified as

containing PCBs: certain paints,

caulking, and coal-tar enamel coatings

used on steel water pipe and

underground tanks. Due to the potential
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35387

lag time that may be necessary to either

develop or assemble these data, a listing

of the data elements that are required for

this analysis is provided below.

1. Wipe sample data for each of the

products (or classes of products, i.e.,

paint) for which uses would be

authorized. These data should be

collected from products that are known

to contain PCBs (i.e., based on bulk

sample results or from historic

knowledge). Also, the detection limits

for these materials should be

sufficiently low to ensure that risks can

be calculated down to the 10-6 range.

Estimates of the detection limits that

would be required to estimate a 10-6 risk

level for the products for which

exposure scenarios have been developed

by EPA can be found in Table 1 of the

document ‘‘Support Document for the

PCB Disposal Amendments, Final Rule’’

(Ref. 5). This document has been placed

in the docket and is available at EPA’s

web site under ‘‘Laws and Regulations’’

at the Federal Register-Environmental

Documents entry (http://www.epa.gov/

fedrgstr/).

2. Transfer data. Information on the

transfer of PCBs to human skin from the

non-liquid PCBs listed in Table 1 of the

support document. EPA recognizes that

these data may not be available. If such

data are not available, EPA requests

suggestions regarding how to factor in a

value representing the likely transfer of

PCBs to human skin.

3. Air monitoring data for each of the

products (or classes of products, i.e.,

paint) for which uses would be

authorized. These data should be

collected from products that are known

to contain PCBs (i.e., based on bulk

sample results or from historic

knowledge). Also, the detection limits

for these materials should be

sufficiently low to ensure that risks can

be calculated down to the 10-6 range.

See Table 1 of the support document for

estimates of the detection limits that

would be required to estimate a 10-6 risk

level for the products for which

exposure scenarios have been developed

by EPA.

EPA is particularly interested in data

that are representative of the highest

concentrations of PCBs in the product

(or class of products, i.e., paint). For

example, commenters provided

information that paint formulations

with 10 to 12% PCBs were

recommended in the commercial

formulation manuals. Therefore, wipe

sample and air monitoring data for

products such as paints should come

from those coatings with bulk sample

levels of 10 to 12% PCBs. If only data

from coatings with bulk sample levels of

less than 10 to 12% PCBs are available,

EPA would still be interested in

receiving that data. In addition to the

collected data, EPA would like a copy

of the sampling plan that was used in

collecting the data and a description of

the quality assurance/quality control

procedures that were applied to the data

set.

The Supplemental Notice which EPA

plans to publish later this year, will

provide specific information regarding

the data request and the date and

location for data submissions.

IV. Notice of Final Rulemaking

A. General Requirements

1. Applicability of regulations The

regulatory requirements that apply to

materials containing PCBs depend in

part on the PCB concentration. To

identify what regulatory requirements

apply to a material that contains PCBs,

a person has two options: either to

determine the PCB concentration and

apply the regulations specified for that

concentration and type of material, or to

assume the concentration to be 500

parts per million (ppm) or greater.

Under the second option, it is not

necessary to determine the PCB

concentration of the material, but the

most restrictive regulatory requirements

apply (see § 761.50(a)(5) in the

regulatory text).

Where liquid samples cannot be

collected, such as on contaminated

surfaces, surface sampling and

concentration levels have been

developed (see part 761, subpart G, The

PCB Spill Cleanup Policy), and are

included at § 761.1(b)(3). The surface

concentrations, which were based on

dermal exposure, are equated to the

existing PCB regulations which

included economic considerations. For

example, the regulations established for

PCBs at concentrations of 50 to less than

500 ppm apply to contaminated surfaces

at concentrations of greater than 10 to

less than 100 micrograms per 100 square

centimeters (>10-<100 μg/100 cm2). In

addition, specific sections of today’s

rule codify the relationship between

surface contamination and the existing

regulations based on milligrams of PCBs

per liter of liquid on a dry weight basis.

a. Determination of PCB

concentrations—wet weight/dry weight.

The Agency sought to ensure a

consistent and reproducible basis for

determining PCB concentrations by

specifying at § 761.1(b)(4) how the PCB

levels were to be determined in liquids,

non-liquids, or mixtures of both. If the

PCBs are ‘‘non-liquid PCBs’’ as defined

in § 761.3, then a person must

determine PCB concentrations using dry

weight (i.e., excluding the weight of

water). If the PCBs are ‘‘liquid PCBs’’ as

defined in § 761.3, then a person must

determine PCB concentrations using wet

weight. If the PCBs are multi-phasic

(i.e., both non-liquid and liquid PCBs),

then a person must separate the phases

and perform the appropriate analysis on

each phase. PCB determinations must be

made on a weight-per-weight basis (e.g.,

milligrams per kilogram), or, for liquids,

on a weight-per-volume basis (e.g.,

milligrams per liter) if the density of the

liquid is also reported (see § 761.1(b)(2)

in the regulatory text).

The Agency proposed the definition

of ‘‘non-liquid PCBs’’ to mean PCBs

which contain no liquids which pass

through the filter when using the paint

filter test method (EPA Method 9095 in

‘‘Test Methods for Evaluating Solid

Waste’’ (SW-846)) (Ref. 6). Commenters

indicated that if materials contain no

visible liquids or contained no liquid

phases, they should not be required to

perform the paint filter test. The Agency

has modified the definition to include

visual inspection of the materials to

determine that they do not flow at room

temperature (25 °C or 77 °F). For all

other materials, such as sludges or

sediments potentially containing free

liquids, EPA has retained a paint filter

test to determine the presence of free

liquids.

The Agency proposed the definition

of ‘‘dry weight basis’’ to mean reporting

chemical analysis results by excluding

the weight of the water in the sample.

Commenters indicated that certain

methods of removing water could skew

the analytical results. Since, in this

instance, the Agency wants to exclude

the water weight, it amended the

definition of ‘‘dry weight’’ in the final

rule to specify removing the weight of

the water. EPA also included examples

for removing water from a sample, such

as air drying at ambient temperature,

filtration, decantation, or heating at a

low temperature followed by cooling in

the presence of a desiccant. The Agency

is not specifying which method to use,

only that the chosen method must be

applicable to measuring PCBs in the

sample matrix at the concentration of

concern and must be reproducible.

The Agency proposed the definition

of ‘‘wet weight basis’’ to mean reporting

chemical analysis results by including

the weight of all dissolved water in a

homogenous liquid. A commenter

believes that wet weight should be the

weight of the PCBs compared to the

weight or the volume of all liquids,

excluding the weight or volume of nonliquid materials that can be separated.

Under the TSCA section 6(e) PCB

regulations, EPA has always used

weight/weight for determining PCB
35388 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

concentrations. However, the Agency

has amended the definition of ‘‘wet

weight’’ in the final rule to allow sample

analytical results to be reported on a

weight per volume basis rather than a

weight/weight basis, if the density of the

liquid is also reported.

For multi-phasic wastes, the disposal

requirements are generally based on the

highest PCB concentration in any phase.

For example, a sample of sludge

containing both non-liquid and liquid

phases would first need to be separated

into its various phases. Then each phase

must be analyzed for PCB concentration.

Assume that this separation and

analysis results in a non-liquid phase

containing 600 ppm PCBs, an aqueous

liquid phase containing 100 μg/L, and a

non-aqueous phase containing 60 ppm.

At the time of disposal, the sludge may

either be separated into phases or

disposed of without separation. If it is

disposed of without separation, it must

be disposed of in accordance with the

requirements applicable to the phase

with the highest concentration, i.e., as

non-liquid waste ≥500 ppm PCBs. If the

waste is separated into phases, each

phase may be disposed of according to

the disposal requirements applicable to

that phase.

In general, the anti-dilution rule

requires that even if the phases were to

be disposed of separately, all phases

would have to be disposed of based on

the highest concentration in any phase

in the sample, since the phase

contaminated at a lower level was in

contact with a more contaminated

phase. However, in the PCB remediation

waste (§ 761.61) and decontamination

(§ 761.79) provisions, EPA is allowing

each separated phase to be disposed of

or decontaminated, respectively, based

on its own PCB concentration.

Some commenters anticipated that by

requiring determining PCB levels in

various media or phases to be analyzed

separately, EPA was also requiring that

the phases be separated for disposal.

Commenters consistently indicated that

these additional analytical and disposal

requirements would be extremely

burdensome, costly, and unnecessary.

EPA did not intend to require that

multi-phasic waste be separated for

disposal. Multi-phasic waste samples

must be separated for analysis because

the PCBs may have concentrated in one

of the phases. Proper separation allows

the multi-phasic sample to be analyzed

using consistent and reproducible

methods. The waste as a whole must be

disposed of based on the highest

concentration in any phase, but need

not be separated into phases at the time

of disposal.

b. Application of the anti-dilution

provision. The ‘‘anti-dilution’’ provision

at 40 CFR 761.1(b)(5) prohibits a person

from avoiding specific PCB disposal

requirements because a PCB

concentration was reduced or shifted

from one material or environmental

medium to another by adding a diluent,

or separating or concentrating the PCBs.

The Agency did not propose to

modify this important provision, but did

receive comments on it. The Agency did

not find them compelling, and therefore,

the anti-dilution provision remains in

effect unchanged. Any specific

variances from the anti-dilution

provision, such as for certain PCB

remediation waste, have been included

in the appropriate provisions of subpart

D of part 761. EPA continues to be

concerned about intentional or

fortuitous PCB dilution and remains

committed to stringent regulation of

PCB waste disposal. In finalizing several

variances from the anti-dilution

provision, EPA is simply recognizing

that where PCBs have already been

released, the critical disposal issue is to

mitigate the damage from the release.

c. PCB concentration assumptions for

use. EPA proposed to add § 761.1(g) to

exempt oil-filled equipment

manufactured after July 2, 1979, from

the scope of the rule, provided that the

equipment: (1) Had a permanent label or

mark affixed by the manufacturer

indicating that it contained no PCBs; or

(2) had not been serviced with PCBs and

was accompanied by documentation

from the manufacturer certifying that

the equipment contained no PCBs when

manufactured.

EPA also proposed to amend the

existing definition of ‘‘PCB

Transformer’’ at § 761.3 to codify its

policy (44 FR 31517, May 31, 1979) that

certain transformers for which the PCB

concentration has not been established

must be assumed to contain greater than

500 ppm PCBs. EPA also requested

information regarding numbers of small

transformers or other pieces of electrical

equipment that contain PCBs (59 FR

62820, December 6, 1994). Some

examples are: potential transformers,

current transformers, instrument

transformers, grounding transformers,

voltage transformers, and ignition

transformers. These small transformers

range in size from several inches to

several feet in height. They can be filled

with oil, epoxy, or tar-like potting

compounds that contain PCBs, or they

can be ‘‘dry.’’ These small transformers

generally do not have nameplates and

are not easily sampled. Unless the PCB

concentrations were established, these

transformers would have to be assumed

to be PCB Transformers under the

proposed revision to the definition of

that term.

Many commenters stated that the

proposed amendment to the definition

of ‘‘PCB Transformer’’ would be

burdensome and costly with no

apparent environmental benefit. They

indicated that changing the definition

would capture many more transformers,

i.e., those which had not been tested or

those with no information regarding the

type of dielectric fluid on their

nameplate. Many of these newly

captured transformers probably were

manufactured after July 1979, and their

nameplates might not indicate the type

of dielectric fluid they contain.

Commenters suggested that instead of

amending the definition, EPA should

require that these units be tested prior

to disposal.

Commenters were also concerned that

under the proposed PCB Transformer

definition, EPA would drop the generic

exclusions from the assumption

requirement for transformers

manufactured after 1979, since

transformer nameplates and other

records on post-1979 transformers may

only indicate the type of dielectric fluid

in the unit, and not the absence of PCBs.

Commenters stated that defining

‘‘PCB Transformer’’ to include small

transformers was costly and

burdensome because, like small

capacitors, they are hard to find, cannot

be easily tested without destroying their

integrity, and generally do not contain

information regarding dielectric fluid.

Rather than finalizing proposed

§ 761.1(g) and amending the PCBTransformer definition as proposed,

EPA has created new § 761.2, PCB

Concentration Assumptions for Use, to

set forth the PCB concentration

assumptions for the use of transformers

and other oil-filled electrical equipment.

Section 761.2 codifies EPA’s policy (the

assumption policy) that the owner of

mineral oil-filled electrical equipment,

including transformers, that was

manufactured prior to July 2, 1979, and

whose PCB concentration has not been

established, must assume that it is PCBContaminated, i.e., contains 50 ppm or

greater PCB, but less than 500 ppm PCB.

If the date of manufacture is unknown

but the dielectric fluid is known to be

mineral-oil, then the owner must

assume the unit to be PCBContaminated.

Commenters questioned the safety of

sampling pole-top transformers, and

noted that the design specifications for

these units, as well as for pad-mounted

transformers, called for mineral-oil

fluid. In addition, commenters pointed

out and provided data to support the

fact that pad-mounted distribution
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35389

transformers rarely (typically less than

1% of the units sampled) contained

PCBs greater than or equal to 500 ppm.

These comments are consistent with

EPA’s experience that higher

concentration, non-mineral-oil PCB

Transformers are generally located in

secure indoor locations and in indoor

electrical substations and are not

mounted on utility poles or outdoor

pads (47 FR 37342, August 25, 1982).

Therefore, pole-top and pad-mounted

distribution transformers manufactured

before July 2, 1979, are assumed to be

PCB-Contaminated while in use unless

the concentration has been established.

Section 761.2 also allows the owner

or operator of oil-filled electrical

equipment, including transformers, that

was manufactured after July 2, 1979,

and whose PCB concentration is not

established, to assume that it is nonPCB, i.e., containing less than 50 ppm

PCB.

In addition, § 761.2 provides that the

owner or operator of a transformer

manufactured prior to July 2, 1979, and

filled with a fluid other than mineral

oil, whose PCB concentration has not

been established, must assume that it is

a PCB Transformer, i.e., containing 500

or greater ppm PCB, if it contains 1.36

kg (3 lbs) or more of fluid. The

assumption requirement does not apply

to ‘‘dry’’ transformers, i.e., those

containing no fluid. If the date of

manufacture is unknown and the type of

dielectric fluid in the unit is unknown,

the unit must be assumed to be PCB

(i.e., ≥500 ppm).

Finally, § 761.2 provides that

transformers containing less than 1.36

kg of fluid, circuit breakers, reclosers,

oil-filled cable, and rectifiers whose

PCB concentration has not been

established may be assumed to contain

<50 ppm PCBs. EPA believes this policy

as applied to transformers containing

less than 1.36 kg of fluid poses no

unreasonable risk of injury to health or

the environment. Because of the

widespread and diverse nature of the

use of these transformers, and the small

amount of PCBs contained within each

one, all regulatory approaches targeted

at controlling releases from them are

very expensive compared to the

potential quantity of PCBs kept from the

environment. Thus, EPA has not

identified a reasonable cost-effective

regulatory alternative that would

significantly reduce the risks from the

remaining PCB small transformers in

service. Since these transformers

contain small quantities of dielectric

fluid and many of them are

encapsulated, PCBs are rarely released

from these transformers during their use

or from the equipment using the

transformers. Therefore, risks of

exposure to humans, food, feed, water,

or the environment from their use is

low. In conclusion, EPA finds that

allowing the continued use of small

transformers containing PCBs is not

unreasonable because the risk of

exposure is low and there appears to be

no practical, cost-effective risk

reduction measures. They may,

therefore, if the concentration is

unknown, be assumed to be non-PCB

while in use.

The assumption policies in § 761.2 do

not apply when electrical equipment is

being disposed of. At that time, the

owner or operator of PCB equipment

must know its actual PCB concentration

and use the proper disposal method.

These modifications to the final rule

should significantly reduce the burden

commenters identified in the proposal.

Since the Agency has revised the PCB

Transformer definition to include only

transformers containing 1.36 kg or more

of fluid, and has specified other PCB

concentration assumptions for use in

§ 761.2, many tranformers that would

have been included under the proposed

PCB Transformer definition are not now

included. For example, § 761.2

eliminates the need to test, while in use,

any mineral oil-filled transformer

manufactured after July 2, 1979, that

had no information on a permanent

label or mark and had not been serviced

or tested previously. EPA also believes

that testing costs have decreased since

1979, so commenter’s assertions that the

proposed changes will increase their

costs are unlikely. In addition,

companies have stated that they

frequently determine their equipments’

PCB concentration during routine

servicing. Since the PCB regulations

have been in place since 1978, EPA

assumes that the owners and operators

of most transformers have had them

serviced at some point and already

know their concentration. Therefore,

EPA believes that most units’ PCB

concentration is known, and the

assumption that they are PCBContaminated need not apply.

Those persons wishing to establish

the PCB concentration of a transformer,

rather than making an assumption in

accordance with today’s rule, may do

so. PCB concentration may be

established: (1) By testing the

equipment; or (2) from a permanent

label (i.e., a nameplate), mark or other

documentation from the manufacturer

of the equipment indicating its PCB

concentration at the time of

manufacture; and service records or

other documentation indicating the PCB

concentration of all fluids used in

servicing the equipment since it was

first manufactured.

To assist owners or operators in

identifying PCB Transformers by their

dielectric trade name or common name,

EPA is restating a list of names used by

manufacturers for PCBs, previously

published in a Federal Register Notice

(41 FR 14136, April 1, 1976, Appendix

A): Aroclor, Asbestol, Askarel,

Chlorextol, Clophen, Diaclor, DK,

Dykanol, Elemex, Fenclor, Hyvol,

Inerteen, Kennechlor, No-Flamol,

Phenoclor, Pyralene, Pyranol, Saf-TKuhl, and Santotherm. Additional

common trade names for PCBs were

listed in EPA’s 1994 PCB Q&A Manual:

Arochlor B, ALC, Apirolio, ASK,

Adkarel, Capacitor 21, Chlorinol,

Chlorphen, Chlorinol, EEC-18, Eucarel,

Inclor, Kenneclor, Magvar, MCS 1489,

Nepolin, Nonflammable Liquid,

Pydraul, Pyroclor, and Santovac 1 and

2. The above list is not all-inclusive.

To clarify what capacitors must be

assumed to contain PCBs, EPA proposed

to amend the definition of ‘‘capacitor’’

in § 761.3 by inserting existing language

on PCB concentration assumptions from

the disposal provisions. This was

intended to make evident to readers that

the assumption provision on capacitors

applies to all provisions, such as

marking, use, and recordkeeping

requirements, and not just disposal.

Several commenters protested that

EPA should not ‘‘change’’ its ‘‘current’’

assumption that capacitors of unknown

concentration are assumed to be PCBContaminated (contains 50 ppm or

greater PCB, but less than 500 ppm

PCB). EPA wishes to clarify that the

Agency has always maintained that

capacitors of unknown concentration

must be assumed to be PCB (500 ppm

or greater). The current assumption

provisions for capacitors found at

§ 761.60(b)(2)(i) date back to the

proposed PCB disposal and marking

requirements rule of May 24, 1977 (42

FR 26564). As EPA noted on August 25,

1982, in the preamble to the final rule

on use in electrical equipment (47 FR

37342 at 37347), ‘‘virtually all

capacitors (large and small)

manufactured prior to 1978 were filled

with PCB fluid at a concentration near

100 percent. Capacitors manufactured

after 1978 did not use PCB dielectric

fluid.’’ Data was provided to EPA in

support of the 1982 electrical use rule

by the Edison Electric Institute (EEI) and

the Utilities Solid Waste Activities

Group (USWAG). This data indicated

that of approximately 2.8 million large

capacitors in the utilities industry,

100% contained PCBs at concentrations

of 500 ppm or greater (47 FR 17426; at

17428).
35390 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

In today’s final rule, language on

assumption of capacitor concentration is

found at the new § 761.2(a)(4), and the

existing definition of ‘‘capacitor’’ at

§ 761.3 is being left unchanged. The

language in § 761.2 has been modified

from the proposed language to make

clear that capacitors manufactured after

July 2, 1979, do not need to be assumed

to be PCB Capacitors, rather they are

assumed to be non-PCB because they

were manufactured after the ban on

manufacture and processing of PCBs

became effective. This includes most

capacitors that have been labeled by the

manufacturer with the statement ‘‘No

PCBs’’ in accordance with existing

§ 761.40(g). In addition, a definition of

‘‘PCB Capacitor’’ has been added to

§ 761.3 to make clear that references to

PCB Capacitors in part 761 refer only to

capacitors containing 500 ppm PCBs or

greater. Capacitors containing 50 ppm or

greater PCB, but less than 500 ppm PCB

are PCB-Contaminated.

Where the concentration of

equipment has not been established and

is therefore assumed based on the

concentration assumptions in § 761.2,

that concentration also determines the

marking, recordkeeping, monitoring,

and other requirements applicable to the

equipment while it is in use. For

example, a transformer that is assumed

to be a PCB Transformer under

§ 761.2(a)(3) is subject to the use

conditions for PCB Transformers set out

at § 761.30(a).

d. Applicability based on PCB

concentration. Almost every section of

the PCB regulations is based on

numerical standards, usually expressed

as the weight of PCBs per weight of

liquid or non-liquid matrix, or as the

weight of PCBs wiped off a given

surface area. These regulatory levels can

differ depending on whether the rules

are addressing the manufacture, use, or

disposal of PCBs. Commenters

requested clarification regarding the

determination of weights of PCBs in the

regulations. In particular, the 45 kg

threshold for recordkeeping at

§ 761.180(a) and marking at § 761.40(b)

were cited. EPA is finalizing language in

today’s final rule at § 761.1(b)(6) to

eliminate any confusion on the

application of weights or volumes cited

in the rule. Unless otherwise noted in

the regulations, references to weights or

volumes in part 761 apply to the total

weight or volume of the PCB containing

material (oil, soil, etc.), not the

calculated weight or volume of only the

PCB molecules within that substance.

PCB wastes generally are regulated for

disposal under TSCA at concentrations

of 50 ppm or greater. Certain exceptions

exist, such as the use of waste oil

containing greater than 2 ppm and less

than 50 ppm PCBs for energy recovery.

Wastes containing PCBs at 500 ppm

PCBs or greater may have other disposal

requirements, such as destruction

through combustion or other approved

technologies. Where a disposal

requirement is specified in the PCB

rules, it cannot be avoided through

dilution (see § 761.1(b)(5) of the

regulatory text). Other Federal, State, or

local laws or regulations may impose

additional, perhaps more stringent,

requirements on PCB disposal.

Once something is a PCB waste,

contains PCBs, or is contaminated with

PCBs at regulated levels, cleanup or

decontamination may be desired or

required. Today’s regulations establish

levels and procedures for cleanup and

decontamination. Anything

decontaminated under these paragraphs

can be processed or distributed in

commerce (see § 761.20(c)(5) of the

regulatory text), reused (see § 761.30(u)

of the regulatory text) or disposed of in

accordance with part 761, subpart D as

applicable.

The self-implementing cleanup level

(i.e., the ‘‘walk-away’’ level) for soil in

high occupancy (e.g., residential) areas

is ≤1 ppm, or ≤10 ppm if the soil is

capped (see § 761.61(a)(4)(i)(A) of the

regulatory text). The cleanup level in

low occupancy (e.g., electrical

substation) areas is ≤25 ppm to ≤100

ppm, depending on site conditions (see

§ 761.61(a)(4)(i)(B)(1) of the regulatory

text). The codified text uses parts per

million (ppm) for concentration

measurement of non-liquids as an

equivalent to milligrams per kilogram

(mg/kg).

Decontamination standards for

surfaces are as follows: for non-porous

surfaces in contact with liquid PCBs

destined for reuse, ≤10 micrograms

PCBs per 100 square centimeters (μg

PCBs/100 cm2) (see § 761.79(b)(3)(i) of

the regulatory text); for non-porous

surfaces in contact with liquid PCBs

destined for smelting, ≤100 μg PCBs/100

cm2 (see § 761.79(b)(3)(ii) of the

regulatory text); for non-porous surfaces

in contact with non-liquid PCBs

destined for reuse, Visual standard No.

2, Near-White Blast Cleaned Surface

Finish, of the National Association of

Corrosion Engineers (NACE) (see

§ 761.79(b)(3)(i) of the regulatory text);

for non-porous surfaces in contact with

non-liquid PCBs destined for smelting,

Visual standard No. 3, Commercial Blast

Cleaned Surface Finish, of NACE (see

§ 761.79(b)(3)(ii); and for fresh spills to

concrete, ≤10 μg PCBs/100 cm2 (see

§ 761.79(b)(4) of the regulatory text).

Decontamination standards for liquids

are as follows: for water, ≤0.5 μg PCBs/

L (approximately 0.5 ppb) for

unrestricted use (see § 761.79(b)(1)); and

for organic and non-aqueous inorganic

liquids, ≤2 mg PCBs/L (approximately 2

ppm) (see § 761.79(b)(2) of the

regulatory text). The codified text uses

ppm or milligrams per liter (mg/L) for

concentration measurements of nonaqueous liquids and parts per billion

(ppb) or micrograms per liter (μg/L) for

concentrations of aqueous liquids.

The part 761 regulations do not

address or preempt the regulation of

non-PCB components of a waste. If the

PCB component of a waste is approved

for disposal at a facility, the approval for

the disposal of the other regulated waste

components must be addressed by all

other applicable statutes or regulatory

authorities. As an example, while nonliquid PCB/radioactive waste less than

50 ppm PCBs that is not the result of

dilution is not regulated for disposal

under TSCA, this waste would need to

be disposed of in accordance with all

applicable requirements for the

management and disposal of the

radioactive component of the waste.

Disposers should be advised that sitespecific permit or license conditions or

local requirements may preclude such

disposal. Similarly, under § 761.79(g)(2),

hydrocarbon decontamination liquids

having PCB concentrations less than 50

ppm may be burned and marketed in

accordance with the requirements for

used oil in § 761.20(e). Where such

liquids had a radioactive component,

burning and marketing would have to be

carried out in accordance with all

applicable Federal, State and local

requirements for the management and

disposal of the radioactive component

of the waste.

In general, PCBs are banned for use

unless specifically authorized.

Authorizations may specify conditions

for use such as marking, labeling, or

recordkeeping, and can establish the

level of regulatory control depending on

such considerations as the type or

location of use or potential for exposure

(see § 761.30 of the regulatory text).

When a product is manufactured, the

potential exists for it to be contaminated

with PCBs as a by-product during

manufacture, through contaminated

feedstock, or through the addition of

PCBs from another source. As a result,

the product assumes the same

regulatory status as the source (see

§ 761.1(b)(5)). In general, minimum

regulatory levels for PCBs under section

6(e) of TSCA, including PCBs in

manufactured items or products, are the

same as the minimum regulatory levels

listed above. When something is

imported into the Customs Territory of

the United States for use, TSCA defines
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35391

that importation as manufacture (see

TSCA section 3). All imports of PCBs

are banned absent a TSCA section

6(e)(3)(B) exemption, unless the import

satisfies the requirement at § 761.20(b).

See Unit IV.J. of this preamble. The use

of PCBs or ‘‘disposal’’ of PCB wastes in

a manufacturing process for a new

product is not authorized.

2. Definitions—additions and

modifications. This discussion is

limited to a few of the definitions

included in § 761.3. EPA also has added

definitions for acronyms frequently

used in part 761 (e.g., ASTM, CERCLA,

DOT, RCRA, TSCA and U.S. GOP). The

remaining definitions being

incorporated at § 761.3 in this

rulemaking are discussed in other

sections of this preamble.

a. PCB-Contaminated Electrical

Equipment. EPA proposed to clarify the

current definition of ‘‘PCBContaminated Electrical Equipment’’

(specifically as it relates to PCBContaminated Transformers at § 761.3),

by incorporating the ‘‘assumption rule’’

which was included in the PCB Ban rule

preamble (44 FR 31517, May 31, 1979).

This change would have been effected

by adding the following language to the

definition: ‘‘a transformer is assumed to

contain PCBs at 500 ppm or greater, if

it is an untested mineral oil transformer

and reasons exist to believe that the

transformer was at any time serviced

with fluid containing PCBs at 500 ppm

or greater.’’

In today’s final rule, EPA codified the

assumptions for PCB-Contaminated

Electrical Equipment in new § 761.2

rather than in the definition of that term

at § 761.3. Section 761.2 provides that

mineral oil-filled electrical equipment

(other than circuit breakers, reclosers,

oil-filled cable, and rectifiers) that was

manufactured before July 2, 1979, and

whose PCB concentration is not

established, must be assumed to be PCBContaminated Electrical Equipment, i.e.,

containing 50 ppm or greater PCB, but

less than 500 ppm PCB. PCB

concentration may be established either

by testing the equipment; or by a

permanent mark or other documentation

from the equipment’s manufacturer

indicating its PCB concentration at the

time of manufacture, and service

records or other documentation

indicating the PCB concentration of all

fluids used in servicing the equipment

since it was manufactured.

The final rule also clarified that the

definition includes equipment with a

surface concentration of greater than 10

μg PCBs/100 cm2 to less than 100 μg/

100 cm2. Many commenters expressed

confusion over EPA’s intent in adding

surface sampling to the definition of

PCB-Contaminated Electrical

Equipment. EPA’s intent is to provide a

way to handle equipment in the absence

of liquids or when non-liquids were

present. Surface sampling is not

required in addition to sampling that is

conducted when liquids are present.

b. Non-porous surface. EPA proposed

to define ‘‘non-porous surface’’ as ‘‘a

smooth, unpainted solid surface that

limits penetration of liquid PCBs

beyond the immediate surface.’’

Several commenters asked that

concrete be included in the definition of

‘‘non-porous surface.’’ Data were

provided in a comment to demonstrate

that concrete was less porous than

granite and marble. However, the data

clearly indicate that the porosity of

concrete can vary widely depending on

its constituents and preparation. The

PCB remediation waste provision

addresses existing concrete, where it is

doubtful that porosity testing or

formulation details could be provided to

make a verifiable comparison to the

natural stone materials.

Some concerns raised by commenters

who sought relief for cleanup of

concrete are addressed in new

§ 761.30(p), which allows continued use

of contaminated concrete under

specified conditions. The authorization,

however, requires disposal of the

concrete at the end of its useful life,

based on the bulk concentration of PCBs

in the concrete, and not on surface

concentration.

EPA clarifies the distinction between

porosity with respect to risk for two

different generic scenarios: (1) Materials

used as a conduit to divert, or as a

barrier to prevent precipitation or its

runoff, from further transporting

previously released PCBs; and (2)

materials which have been subjected

over time to a continuous or single

release of PCBs which have not been

contained or removed, but have been

allowed to migrate.

In the first scenario, a concrete cap

can prevent migration of water

deposited on the surface. Such a cap

diverts the water from passing through

the concrete, preventing PCB movement

in PCB remediation waste beneath the

cap. In this sense the concrete is nonporous to the water. Concrete also can

be ‘‘non-porous’’ when used for

containment as a floor for a storage

facility, because any release to the upper

surface of the floor would not be

allowed to persist and migrate but

would be quickly cleaned up and/or

recontained.

For the second scenario, concrete is

porous to continued slow releases of

dielectric or hydraulic fluid.

Historically, this kind of release would

not always have been controlled or

cleaned up. Some of these releases have

penetrated over 30 centimeters of

concrete and have continued to migrate

in soil under the concrete pad or floor

for several meters. Floors and pads for

most of these situations were not built

to contain spills or prevent migration of

fluids, but were constructed for

structural support, where porosity was

not a performance specification or

requirement. When fluids have

penetrated concrete for a long period,

surface cleaning is inappropriate to

remove PCBs that have migrated under

the surface, and will most likely be

unsuccessful. However, surface

sampling may help estimate the extent

of surface migration of an old or

continuous release of PCB fluids onto

concrete.

c. PCB Capacitor. EPA added this

definition to clarify that the term PCB

Capacitor in part 761 refers to capacitors

containing 500 ppm PCBs and greater

(as opposed to 50 or greater ppm). Any

capacitors containing 50 ppm or greater

PCB, but less than 500 ppm PCB are

PCB-Contaminated. EPA is retaining the

existing definition of capacitor.

d. SW-846. EPA provided an

abbreviated name for the series of

chemical procedures entitled ‘‘SW-846,

Test Methods for Evaluating Solid

Waste,’’ often referenced in the

regulation.

3. References. In the NPRM, EPA

described the availability of test

standards developed by the American

Society for Testing and Materials

(ASTM) which have been incorporated

by reference in 40 CFR part 761. Copies

of the incorporated ASTM standards are

available for inspection at the Office of

the Federal Register and the TSCA

Nonconfidential Information Center, or

copies may be obtained directly from

the ASTM in Philadelphia, PA.

Commenters wanted EPA to include

the full text of these incorporated test

methods in the regulations. The

justifications for this recommendation

included simplicity (i.e., access to

requirements from a single source),

costs of acquiring ASTM standards, and

burdensome paperwork and delays

associated with requesting the

documents. EPA estimates that roughly

40 pages of text would be added to the

Code of Federal Regulations (CFR) if the

referenced standards were included in

the PCB regulations text, at an annual

estimated cost to EPA of $2,500,

compared to the individual investment

by affected entities of less than $300 for

the 16 applicable standards. There are,

however, more compelling reasons for

not including the text of these standards

in the regulations: (1) The
35392 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

Administration’s streamlining

initiatives to reduce the number of

pages of regulatory text in the CFR, (2)

copyright restrictions, and (3) the

availability of these documents through

other sources. For these reasons, EPA

has promulgated § 761.19 as proposed.

B. Manufacturing, Processing,

Distribution in Commerce, and Use

1. Prohibitions and exceptions—a.

Processing for disposal. Existing

§ 761.20(c)(2) states that PCBs ‘‘may be

processed . . . in compliance with the

requirements of this part for purposes of

disposal in accordance with the

requirements of § 761.60.’’ Today’s final

rule clarifies which processing for

disposal requires an approval and

which does not. Processing for disposal

must not result in dilution to avoid

disposal requirements.

The provisions at § 761.20(c)(2) in

today’s rule essentially addresses the

following situations:

Processing for disposal activities

which are primarily associated with and

facilitate storage or transportation for

disposal are disposal, but do not require

a TSCA PCB disposal approval.

Examples include, but are not limited

to: removing PCBs from service (e.g.,

draining liquids); pumping liquids out

of temporary storage containers or

articles into drums or tank trucks for

transportation to a storage facility or

disposal facility; dismantling or

disassembling serviceable equipment

pieces and components; packaging or

repackaging PCBs for transportation for

disposal; or combining materials from

smaller containers.

Processing for disposal activities

which are primarily associated with and

facilitate treatment, as defined in 40

CFR 261.10, or land disposal, require an

approval unless they are part of an

existing approval or a self-implementing

activity (such as activities allowed

under § 761.61(a) and § 761.79), or are

otherwise specifically allowed under

part 761, subpart D. Examples include,

but are not limited to,

microencapsulation; pulverization;

particle size separation; employing

augers or hoppers to facilitate feeding

non-liquid PCBs into a disposal unit;

directly piping liquid PCBs into a

disposal unit from PCB Items, storage

containers or bulk transport vehicles;

and directly introducing non-liquid

PCBs from containers, bulk transport

vehicles or on pallets into a disposal

unit, such as an incinerator, a high

efficiency boiler, industrial furnace,

alternate destruction method, or

chemical waste landfill.

Processing, diluting, or otherwise

blending waste (prior to introducing it

into a disposal unit) for purposes of

meeting a PCB concentration limit in a

disposal approval shall be done in

accordance with the approval, or shall

comply with § 761.79 or § 761.60(a)(2)

or (3).

The rate of delivering liquids or nonliquids into a PCB disposal unit shall be

part of the conditions of the PCB

disposal approval for the unit when an

approval is required.

Commenters sought to include

various forms of processing for disposal

outside of a disposal approval because

they felt that these activities are

common industrial waste management

practices. EPA finds that there are two

kinds of processing for disposal

activities which potentially could

change the disposal status of waste

through processing: (1) Dilution by

blending down the PCB concentration of

the waste (any kind of processing which

mixes waste with other waste or nonwaste lowers the concentration of the

highest PCB concentration waste

component(s)); and (2) complete or

partial separation, such as particle size

separation, of waste components. These

kinds of processing must be included in

an approval to assure that all regulated

materials are disposed of in accordance

with the disposal regulations.

b. Sewage sludge. Today’s rule revises

§ 761.20(a)(4) to harmonize the TSCA

regulations on use or disposal of sewage

sludge containing PCBs with similar

regulations promulgated under the

Clean Water Act. For sewage sludge

regulated under TSCA for use or

disposal, blending of the sewage sludge

to avoid TSCA disposal requirements is

prohibited.

EPA also revised the definition of

‘‘PCB remediation waste’’ to respond to

comments that by including in that

definition municipal sewage treatment

sludges at any concentration, EPA’s

proposal would supersede CWA sewage

sludge regulations. EPA did not intend

to do so. The definition of ‘‘PCB

remediation waste’’ in the final rule

excludes sewage sludge at less than 50

ppm in use under § 761.20(a)(4), and

includes ‘‘PCB sewage sludge’’ as

defined at 40 CFR 503.9(w) containing

≥50 ppm PCBs. However, some use and

disposal activities not clearly covered

by the CWA regulations are banned by

TSCA even for sewage sludge

containing less than 50 ppm PCBs, for

example the intentional or accidental

dilution of PCB wastes by mixing or

blending with sewage sludge. All

sewage sludge containing ≥50 ppm

PCBs still falls under the definition of

PCB remediation waste.

2. Distribution in commerce after

decontamination. EPA is finalizing a

conforming amendment to existing

§ 761.20(c)(5), which consolidates

provisions proposed at § 761.20(c)(5),

(c)(6), and (c)(7). The Agency is aware

that during manufacture, use, and

servicing of PCBs, PCB Items and other

goods, PCB contamination can occur.

The Agency believes that liquids and

non-liquids may be used, distributed in

commerce, or disposed of after

contaminating PCBs have been removed

or reduced in concentration as specified

without posing an unreasonable risk of

injury to health or the environment.

In § 761.20(c)(5) of the regulatory text,

EPA is clarifying that equipment,

structures, or liquid or non-liquid

materials that were contaminated with

PCBs ≥50 ppm may be distributed in

commerce when certain conditions are

met. These conditions include

decontamination in accordance with: (1)

A TSCA PCB disposal approval; (2)

applicable decontamination standards

and procedures under § 761.79; (3)

applicable EPA PCB spill cleanup

policies (e.g., TSCA, CERCLA, regional)

at the time of decontamination; or (4) if

the materials were not formerly

decontaminated but now meet an

applicable decontamination standard in

§ 761.79. Similar conditions for the use

or reuse of decontaminated materials are

addressed in § 761.30(u).

3. Authorizations—a. Registration

requirements for PCB Transformers. To

qualify for the current use authorization,

all PCB Transformers were required to

have been registered with local fire

response personnel by December 1,

1985 (see existing § 761.30(a)(1)(vi), the

fires rule). In addition, when the

transformers are in use in or near

commercial buildings, current

regulations require them to be registered

with the building owners (see existing

§ 761.30(a)(1)(vii)). Owners of

transformers at industrial sites could

fulfill the current requirement by

registering with their on-site fire

brigade, while owners of PCB

Transformers in or near commercial

buildings had to register with both the

local fire department and the building

owner. PCB Transformers erroneously

assumed to have been contaminated at

less than 500 ppm PCBs are required to

be registered within 30 days of

discovery of the actual contamination

level (see existing § 761.30(a)(1)(xv)(D)).

If the transformer owner could not

demonstrate (e.g., by the production of

the signed receipt from a registered or

certified letter used to register the

transformer with the fire response
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35393

personnel) that this registration had

taken place, then that PCB Transformer

was not authorized for use under

§ 761.30.

A review of the regulated

community’s compliance with these

registration requirements by the Office

of the Inspector General of EPA and

EPA Regional personnel found that

many fire departments, including those

serving large cities, had not received

registration information for a large

percentage of those PCB Transformers

which should have been registered. In

addition, many owners could not

demonstrate that they had registered

their transformers as required in order

to continue each unit’s authorization for

use (Ref. 7).

Pursuant to section 18(b) of TSCA, the

State of Connecticut petitioned EPA for

an exemption from the preemption

provisions of section 18(a)(2) to allow

the State to require, among other things,

the registration of PCB Transformers

(i.e., transformers with dielectric fluid at

≥500 ppm PCB) with the Connecticut

Department of Environmental Protection

(Ref. 8). Connecticut argued that this

registration would provide a

significantly higher degree of protection

for State residents and emergency

response personnel from the risks posed

by PCB Transformers than the current

Federal rules under TSCA because: (1)

State emergency response personnel

need the information because they often

respond to fires and spills at sites

throughout the State, and (2) the State,

if it had the information, could more

quickly issue warnings regarding

fishing, swimming, or other activities

that could increase human exposure to

PCBs when fires or spills occur.

While EPA sees merit in these

arguments, EPA believes that residents

of every State would be better protected

by a uniform, nationwide registration

requirement, in which EPA would

receive the data and make it available to

Federal, State, and local emergency or

fire response personnel and to building

owners.

Therefore, in response to the State of

Connecticut’s Petition and the Inspector

General’s report documenting a lack of

compliance with the existing regulation,

EPA proposed to amend

§ 761.30(a)(1)(vii) to require all owners

of PCB Transformers to register their

transformers with EPA, no later than 90

days after the effective date of the final

rule. EPA proposed this as a one-time

registration requirement. However,

under the proposed rule, owners of

transformers that were subsequently

identified as PCB Transformers or

received from another location would

have to register those transformers with

EPA no later than 30 days after they

identified or received the transformer.

To minimize data gathering and

processing, EPA proposed that

transformer owners would only have to

report the following information

currently required under § 761.180(a) to

be included on their annual document

logs: (1) Transformer location (address)

and number of PCB Transformers, (2)

the total weight in kilograms of PCBs

contained in the PCB Transformers, and

(3) name, address, telephone number,

and signature of the owner, operator, or

other authorized representative

certifying the accuracy of the

information submitted. EPA proposed

that if a PCB Transformer is transferred

to a different location after it is

registered, information concerning that

transfer would be recorded in the former

owner’s annual document log. EPA has

authority to collect registration

information on transformers under

section 8 of TSCA, 15 U.S.C. 2607.

Many commenters felt that instead of

a new registration program, EPA should

enforce its existing requirements.

Although EPA agrees that effective

enforcement of its regulations is

important, EPA believes that the

national registration program provides

benefits that merely improving the

enforcement of the existing fire rules

cannot provide. For example, collecting

the information nationally, in one data

base, provides transformer location

information to all emergency

responders, whether they are from the

local volunteer fire department, from

the State (as Connecticut described in

its petition), or from the Federal

government.

In addition, the new registration

program is designed to cure features of

the existing rule that impede

enforcement. For instance, the existing

rule does not require transformer

owners to maintain records

documenting that they complied with

the rule. An inspector who is not sure,

based on the evidence available at an

inspection, whether or not registration

with the fire department occurred, must

determine which fire department is the

primary responder for that facility and

impose on it to determine if registration,

in fact, occurred. The new rule requires

the transformer owner to maintain, with

the annual log, proof that registration

occurred. If that documentation is

absent, not only is there a violation, but

the inspector will easily be able to

double check the national data base to

determine if the registration in fact

occurred.

Some commenters asked whether they

could comply with the national

transformer registration program by

sending EPA a copy of the information

that they previously sent to the primary

fire response jurisdiction under the fires

rule. EPA agrees that this is an

appropriate method of complying with

the national transformer registration

program, as long as the submission

contains all the information required

under the new regulations, and that

information has not changed since being

submitted to the local fire department.

Information required by the new

regulations, but not by the prior fires

rule, can be submitted to the Agency in

a cover letter on company stationery.

See below for a further discussion of the

format of the required information.

Some commenters questioned how

the Agency intended to manage the data

it received pursuant to the national

transformer registration program. The

Agency intends to provide the

information to state fire bureaus and

other umbrella organizations for further

dissemination to local fire departments.

In addition, the Agency intends

eventually to make the information

available in an electronic data base,

probably on EPA’s World Wide Web

Home Page. The Agency believes that

the Internet has become a valuable and

reliable tool in disseminating

information, a situation that did not

exist when the fires rule was originally

promulgated in 1985.

One commenter suggested that if the

purpose of the registration is the

protection of emergency responders,

such responders should be trained to

assume that all transformers contain

PCBs and act accordingly. EPA agrees

that such training would be appropriate

for all emergency responders, and has

anecdotal evidence that some receive

such training. However, EPA, in the

absence of other evidence, cannot

assume that all local and state

emergency response personnel that may

respond to a fire are so trained.

Therefore, EPA believes that

establishing a national data base of PCB

Transformers will serve to protect all

emergency responders, not just those

trained to assume that all transformers

contain PCBs, from the dangers of PCBs

in fires.

Several commenters suggested that

there is no showing of risk to justify the

transformer registration program. EPA

disagrees. EPA determined, in 1985, that

a risk to fire response personnel existed

such that the fires rule was necessary

(50 FR 29170, 29174, July 17, 1985). The

Agency has not received sufficient

information to indicate that such a risk

has abated. Therefore, the Agency

believes that it is still necessary to have

PCB Transformer location information

available to local fire response
35394 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

personnel. As discussed above, EPA

believes that a national registration

program will address this risk by

making the information available on

demand to the local fire response

personnel, and will provide additional

protection by making it available to

others, such as state emergency

response personnel, that may respond to

fires. In addition, changes to the rule

that will make it easier to enforce, such

as requiring that proof of registration be

kept with the annual log, should assist

in abating the risk from fires involving

PCBs by increasing the rate of

compliance, therefore providing

emergency response personnel with

information about more PCB

Transformers.

Several commenters also suggested

that the creation of a new registration

requirement would be duplicative of the

requirements in place under section 312

of the Emergency Planning and

Community Right-to-Know Act

(EPCRA), 42 U.S.C. 11001 to 11050, and

at existing § 761.30(a)(1)(vi) and

(a)(1)(vii). While EPA agrees that some

duplication may exist, the amount of

duplication is not sufficient to justify a

decision not to finalize the transformer

registration requirement. Moreover, the

EPCRA reporting requirements have

quantity or jurisdictional triggers that do

not satisfy the information needed for

the PCB Transformer registration

program. For example, EPCRA section

304 requires that releases of certain

chemicals be reported. EPA believes

that it is important that emergency

response personnel have information

about the locations of PCB Transformers

prior to releases, so that they can plan,

in advance, how to respond to such

releases. Sections 311 and 312 of

EPCRA do require reporting, for

planning purposes, to various

emergency response personnel for

hazardous chemicals that are present at

the facility at 10,000 pounds or greater,

and for extremely hazardous substances

at less than 500 pounds. EPA intends

this registration requirement to apply to

anyone owning a PCB Transformer, as

defined in the regulations, with no

provision to exempt those people whose

PCB Transformers do not contain, in

total, 10,000 pounds or more of PCBs.

Since EPA proposed the transformer

registration program in 1994, PCBs have

taken on increasing importance in

international negotiations regarding

hazardous substances. For example,

negotiations are ongoing to develop a

legally binding Protocol on Persistent

Organic Pollutants under the United

Nations Economic Commission for

Europe’s Convention on Long Range

Transboundary Air Pollution. In those

negotiations, several European countries

support a mandatory ban on PCB use to

comply with a European Community

Directive banning PCB use by 2010.

However, having a national data base of

the amounts of PCBs in transformers

(the largest single source of liquid PCBs)

will allow EPA to evaluate more

accurately the impact of such proposals

on the American economy.

EPA also requested comments on the

State of Connecticut petition. In the

proposal, EPA indicated that if it did

not promulgate a uniform national

registration requirement, then it would

be inclined to promulgate an exemption

under section 18(b) to allow any State

to implement its own registration

requirements for transformers.

Commenters overwhelmingly opposed a

State registration program, citing the

requirement as redundant, burdensome,

and a potential misuse of preemption.

EPA agrees with the commenters and is

not adopting the State registration

requirement in this rulemaking.

Today, as a condition of the

authorization for continued use, EPA is

finalizing a national registration

requirement for PCB Transformers at

§ 761.30(a)(1)(vi). This new registration

requirement extends to PCB

Transformers in use or in storage for

reuse, even if a specific PCB

Transformer was registered under the

old requirements at § 761.30(a)(1)(vi).

However, a person who takes possession

of a PCB-Transformer after the deadline

for the original registration has passed

does not need to register that

transformer with the EPA. Any person

taking possession of a transferred PCB

Transformer should assure that it was

registered under the requirement of

§ 761.30(a)(1)(vi). PCB Transformers that

are not registered are not authorized for

use and must be disposed of.

In general, a person who assumes that

a transformer is a PCB-Contaminated

Transformer, and then discovers that it

is a PCB Transformer, must register that

transformer with the EPA within 30

days of discovering that it is a PCB

Transformer. However, this requirement

only applies if the transformer is located

at an address where no other PCB

Transformers are located. If other PCB

Transformers are located at the same

address, and those PCB Transformers

are registered with EPA, the owner of

the newly-identified PCB Transformer is

not required to register that transformer

with the EPA.

Under § 761.30(a)(1)(vi)(D), the

registration requirement will be a part of

the authorization for continued use for

each PCB Transformer. To remove

duplicate reporting, EPA is also deleting

the existing requirements to register

PCB Transformers with the fire

department. Since this registration will

be sent to EPA Headquarters, it

enhances the current registration

requirement by providing a central

point for information collection and

dissemination. However, based on

comments requesting a longer period of

time in which to register transformers,

EPA is extending the date to have PCB

Transformers registered from 90 days to

120 days from the effective date of

today’s rule.

The information required for this

registration now includes the following:

(1) Company name and address, (2)

contact name and telephone number, (3)

location of transformer(s) (address, or

for a mobile source like a ship, the name

of the ship), (4) number of PCB

Transformers and the total weight of the

transformers in kilograms, (5) whether

any transformers at this location contain

flammable dielectric fluid (optional),

and (6) signature of the owner, operator,

or other representative authorized to

certify the accuracy of the information

submitted. EPA Form No. 7720-12,

provided at Unit V. of this preamble,

has been submitted to OMB for review.

Once OMB clears the form, it may be

used for the uniform submission of

registration information, but its use will

be optional. In lieu of the form EPA will

accept the registration information on

company stationery. Where a company

has multiple locations, EPA will accept

one form or cover letter which provides

information pertaining to the company

(including a point of contact), followed

by attachments that provide information

(per § 761.30(a)(1)(vi)) specific to each

location. Finally, anyone who no longer

possesses any PCB Transformers and

would like to be removed from the data

base can notify EPA in writing.

Notification to remove a company or

location from the data base is strictly

voluntary.

b. Remove outdated material. EPA

proposed to remove provisions of 40

CFR part 761 that have become outdated

due to the passage of time. All of the

affected provisions were in subpart B

(i.e., prohibitions and authorizations).

EPA received very few comments on its

proposal; no opposing comments were

received regarding the proposed

changes at § 761.30(b), (c), (d), and (e).

EPA received a comment that

§ 761.30(g), which authorizes the use in

other than a totally enclosed manner of

50 ppm or greater PCBs in diarylide and

phthalocyanin pigments until January 1,

1982, is obsolete. This provision further

restricted the processing and

distribution in commerce of these

pigments with PCB concentrations of 50

ppm or greater after July 1, 1979, and
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35395

their limited manufacture after July 2,

1979, to those individuals who are

granted exemptions from EPA. EPA

agrees with the commenter. The

manufacture, processing, and

distribution of products containing

inadvertently generated PCBs at

concentrations of less than 50 ppm are

currently regulated by provisions found

at §§ 761.1(f), 761.3, 761.185, 761.187,

and 761.193. In today’s final rule, EPA

is deleting the authorization currently

found at § 761.30(g) and is finalizing the

proposed revisions to the authorizations

at § 761.30(b), (c), (d), (e), and (h).

One commenter identified a drafting

error in § 761.30(h) regarding the use

conditions for electromagnets, switches,

and voltage regulators which incorrectly

directed individuals to inspection

requirements at § 761.30(a)(1)(iii) and

(a)(1)(iv). Since the use of

electromagnets at concentrations of 500

ppm or greater was prohibited in areas

which pose an exposure risk to food or

feed after October 1, 1985, EPA is also

deleting the visual inspection

requirement currently found at

§ 761.30(h)(1)(ii). A revised (h)(1)(ii) has

been included (see the discussion on

voltage regulators) which changes the

incorrect references to read

‘‘§ 761.30(a)(1)(ix), (a)(1)(xiii), and

(a)(i)(xiv)’’ where such an inspection is

now required.

EPA also proposed to remove the

§ 761.20(c)(3) provisions requiring

submission of a notice to EPA prior to

exporting PCBs or PCB Items for

disposal. This proposal is not being

finalized at this time. As explained in

Unit IV.J. of this preamble, EPA is

deferring its rulemaking on export until

a later time.

c. Voltage regulators. Current

§ 761.30(a)(1)(xv) requires owners of

mineral oil transformers that had been

assumed to contain 50 ppm or greater

PCB, but less than 500 ppm PCB, but are

tested and found to contain 500 ppm or

greater PCBs, to bring those units into

compliance with part 761. EPA

proposed the same requirements for

voltage regulators (see proposed

§ 761.30(a)(1)(xvi)). Voltage regulators

which were marked or otherwise known

to contain PCBs at 500 ppm or greater

would also be required to come into

compliance with part 761. Under

existing rules, mineral oil-filled

electrical equipment (including voltage

regulators) that was manufactured

before July 2, 1979, and whose PCB

concentration is not established is

assumed to be PCB-Contaminated

Electrical Equipment (i.e., contains ≥50

ppm PCB, but <500 ppm PCB).

Due to the risks associated with

higher concentration PCBs, the final

rule requires that voltage regulators that

contain 3 pounds or more of dielectric

fluid containing 500 ppm or greater

PCBs must be properly marked while in

service, their locations must be marked,

fire-related incidents must be reported,

regular inspections must be conducted,

records must be kept pursuant to

§ 761.180, and they must be properly

disposed of when they are taken out of

service. These are essentially the

requirements that currently apply to

PCB Transformers. EPA believes the

same requirements are appropriate for

voltage regulators containing ≥500 ppm

PCBs based on the similarity between

the functions of and risks posed by the

two types of equipment. Small voltage

regulators (less than three pounds of

PCB dielectric fluid) are subject to the

disposal provisions of § 761.60, but not

the use provisions mentioned above.

EPA solicited comments on the

appropriateness of requiring enhanced

electrical protection for voltage

regulators as is the case for mineral oil

transformers known or found to contain

greater than or equal to 500 ppm PCBs.

Commenters indicated that enhanced

electrical protection cannot be installed

on voltage regulators. Therefore, EPA

will not require this.

In addition, EPA solicited comments

on whether voltage regulators should be

added to existing § 761.30(a)(1)(xv) with

transformers, or placed in a separate

paragraph. In response to comments,

EPA added the amendments to

§ 761.30(h)(1), which currently

addresses voltage regulators.

EPA received suggestions that it

should apply the voltage regulator

requirements to all mineral oil (assumed

to be < 500 ppm PCBs) electrical

equipment found to be greater than or

equal to 500 ppm. None provided data,

however, to indicate the types of

unregulated electrical equipment that

may contain greater than or equal to 500

ppm PCBs. As explained in the NPRM,

EPA has data indicating that

approximately 2% of voltage regulators

contain PCBs greater than or equal to

500 ppm. Due to the lack of data on

other mineral oil electrical equipment

that may contain PCBs greater than or

equal to 500 ppm, EPA is not applying

this standard to other mineral oil filled

electrical equipment.

Commenters also pointed out that

many voltage regulators contain an

internal PCB-containing capacitor that

may rupture or leak. They felt that it

was important to remove this capacitor

if one was conducting a retrofill prior to

reclassification to avoid fluid leaking

from the capacitor and contaminating

the replacement fluid. EPA agrees that

this is a prudent practice and highly

recommends, although is not requiring,

that if such a capacitor is found in the

voltage regulator, it be removed and

replaced with one that is non-PCB.

d. Natural gas pipeline systems. EPA

has worked for several years to address

PCB contamination in natural gas

pipelines and associated equipment,

such as air compressors. The reasons for

the presence and movement of PCBs in

gas pipelines are not well understood,

but it may have occurred through use of

PCB-containing lubricating oils in

compressors, fogging of pipeline

systems with PCB-containing oil vapor,

and PCB migration from contaminated

natural gas pipeline systems. PCBs

primarily move with the condensate

liquids that form in the pipelines. Some

natural gas pipeline systems still

contain PCBs in liquid condensate

despite repeated attempts to rid the

systems of PCBs. (See, for example,

comments of Interstate Natural Gas

Association of America, May 1, 1995,

C1-134).

In response to these contamination

issues, EPA initiated a compliance

monitoring program for companies with

>50 ppm PCBs in their pipelines, where

EPA presumed that any pipeline

showing PCB contamination >50 ppm

was contaminated along its whole

length. As a result, EPA has used

various administrative mechanisms to

declassify or decontaminate pipeline

and pipeline system components.

In the NPRM, EPA proposed changes

to the use authorization for natural gas

pipelines and related appurtenances

which are contaminated with 50 ppm or

greater PCBs. EPA requested comment

on additional changes to § 761.30(i) at

the June 6-7, 1995 public hearing. EPA

proposed to define ‘‘natural gas pipeline

systems’’ to include not only natural gas

pipe and appurtenances but also natural

gas compressor systems (see 59 FR

62855). EPA excluded air compressors

and appurtenances and proposed a

separate definition for ‘‘compressed air

systems.’’ EPA proposed to expand the

use authorization in § 761.30(i) to

include natural gas pipeline systems

contaminated with 50 ppm or more

PCBs, provided the owner or operator of

the pipeline notified EPA of the

contamination, characterized its extent,

sampled and analyzed potential sources

of contamination, took remedial

measures such as removing the

contamination sources or reducing the

PCB concentration to <50 ppm, and

documenting these actions. The

proposed regulations also gave EPA

flexibility to adjust these requirements

based on the unique needs or history of

particular pipeline systems and past

Federal, State or local regulatory
35396 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

actions. EPA also proposed that PCBContaminated pipelines and

appurtenances which had been drained

of all free-flowing liquids could be

reused in any natural gas pipeline

system or distributed in commerce for

other specific uses (e.g., transport of

bulk hydrocarbons, chemicals, or

petroleum products).

The natural gas pipeline industry

strongly supported revising the use and

reuse authorizations while offering

specific comments regarding cost

effective and flexible approaches to

regulating their industry. EPA has

responded to as many of these concerns

as possible while ensuring that the

natural gas pipeline industry continues

to actively reduce PCB concentrations

below 50 ppm in natural gas pipeline

systems. Today’s rule does not allow the

introduction of PCBs into natural gas

pipeline systems; instead it authorizes

the use and reuse of natural gas pipeline

systems that were contaminated with

PCBs in the past, provided certain

actions are taken. Unless use of the

system was authorized, the system

would have to cease operation until the

PCBs were removed, burdening the

public by making fuel more costly or

unavailable. EPA believes this burden

would outweigh the risk posed by

allowing continued use of the system, so

long as the PCBs are contained in the

system, are regularly removed in the

condensate, and, when removed, are

stored and disposed of in accordance

with these regulations.

Today’s final rule broadens the

proposed definition of ‘‘natural gas

pipeline systems’’ to include natural gas

gathering facilities, natural gas pipe and

pipeline appurtenances, natural gas

compressors, and natural gas storage

facilities. Both interstate and local

distribution natural gas pipeline

systems are covered under today’s rule.

Additionally, air compressors are not

included as a part of natural gas

pipeline systems because their use is

not unique to the natural gas pipeline

industry. Air compressor systems are

now defined separately in § 761.3 and

their use is authorized under specific

conditions in § 761.30(t).

The use authorization promulgated

today in § 761.30(i) for natural gas

pipeline systems is modified slightly

from the NPRM in response to

comments requesting more realistic time

frames and flexibility (e.g., allowing the

use of historical data to satisfy

requirements for notification to EPA,

sampling and analysis, or

decontamination). The rule now

authorizes the continued use of PCBs in

natural gas pipeline systems at <50

ppm. The rule also authorizes the

continued use of PCBs at concentrations

≥50 ppm in natural gas pipeline systems

not owned or operated by a seller or

distributor of natural gas; owners or

operators of these systems have no

obligations under § 761.30(i). For

systems which are owned or operated

by a seller or distributor of natural gas,

continued use is authorized at

concentrations ≥50 ppm if steps are

taken to identify and reduce PCBs to

<50 ppm in demonstrated sources of

PCBs within the natural gas pipeline

system. EPA has also extended the time

frames under § 761.30(i). With respect to

the § 761.30(i)(1)(iii)(A)(2) sampling

requirement, EPA agrees with a

commenter’s suggestion that the 120–

day period begin with the effective date

of today’s rule where pipeline owners

are aware of existing PCB

contamination.

Commenters noted that they could not

be responsible for addressing sources of

PCB contamination which resulted from

companies outside their control. Any

natural gas pipeline systems which do

not include potential sources of PCB

contamination, such as scrubbers,

compressors, or filters containing PCB

concentrations of 50 ppm or greater, are

generally exempt from the requirements

for identifying, characterizing, and

reducing sources of PCBs, provided

documentation regarding this is

maintained. For example, the owner/

operator of a local natural gas

distribution system meeting these

conditions would need to document

that the most likely source of PCB

contamination was the natural gas

pipeline system that supplied their

natural gas. However, any natural gas

pipe or liquids which are contaminated

with PCBs are subject at removal to the

applicable disposal, decontamination,

or reuse provisions, to reduce the PCB

contamination levels in the system.

Some commenters were concerned that

natural gas end users, such as

homeowners and businesses, would be

covered by the regulations. Because end

users are excluded from the definition

of natural gas pipeline system in

§ 761.3, they are not subject to the

requirements of § 761.30(i).

EPA is dropping the § 761.45(a)

marking requirement for natural gas

pipeline contaminated with PCBs at <50

ppm which was formerly required at

§ 761.30(i). Commenters stated that

marking underground pipe is

unworkable and unnecessary for <50

ppm PCBs. EPA, however, is requiring

that aboveground pipeline system

components containing PCB liquids at

≥50 ppm bear the ML Mark in

accordance with § 761.45(a) because of

potential exposure to PCB liquids. (See

§ 761.30(i)(1)(iii)(A)(6) of the regulatory

text). Thus, the marking requirements

apply to equipment such as

compressors, valves, drips or other

pipeline components that are

aboveground, are used to contain or

collect PCB liquids, and where

historical data or recent sampling data

indicate PCBs at ≥50 ppm. EPA also

solicited comments in the NPRM on

whether it should require marking of

individual natural gas pipe temporarily

stored for testing prior to disposal (59

FR 62855). Commenters opposed this as

too burdensome and unnecessary when

the storage area is marked. EPA agrees

and is not requiring marking of

individual pipe in temporary storage

areas.

Today’s rule incorporates proposed

reuse options in certain low exposure

uses for PCB-Contaminated (50-<500

ppm) natural gas pipelines that have

been drained of all free-flowing liquids

(see § 761.30(i)(2) and (i)(3)). The basis

for these options was EPA’s risk

assessment for natural gas pipe (Ref. 9).

Some commenters requested that EPA

further expand the use authorization to

allow drained natural gas pipe to be

melted or smelted for metal recovery.

They claimed that the proposal, which

required PCB-Contaminated pipe to be

burned in industrial furnaces, was too

restrictive (see proposed § 761.60(a)(4),

finalized as § 761.72). They stated that

steel melting furnaces would not accept

natural gas pipe under these conditions,

thereby eliminating a cost-effective and

safe reuse for their pipe. EPA is

addressing pipe smelting as disposal

under § 761.72 (see Unit IV.E. of this

preamble).

Commenters also requested use and

reuse authorizations for pipelines that

were presumed to contain >500 ppm

PCBs due to EPA’s assumption policy or

historical sampling indicating such

contamination. Without this

authorization, commenters were

concerned that legitimate reuses of

contaminated natural gas pipeline and

appurtenances within existing pipeline

systems or for other purposes would be

precluded.

The final use and reuse authorization

for PCBs in natural gas pipeline systems

envisions a declining PCB concentration

over time to below 50 ppm. Under the

new § 761.30(i)(4), EPA is allowing the

characterization of natural gas pipeline

liquids, components, and segments

based on the actual PCB concentrations

at removal, rather than former

presumptions or historical data. Liquids

may be collected at existing condensate

collection points in the pipe or pipeline

system. The level of PCB contamination

found at a collection point is assumed
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35397

to extend to the next collection point

downstream.Natural gas pipe

appurtenances or components that do

not contain free-flowing liquids must be

tested for surface level PCB

concentrations using the standard wipe

test (see part 761, subpart M). If drained

natural gas pipe or appurtenances will

be reused under § 761.30(i)(2) or (i)(3),

rather than disposed of, testing is not

required.

In a June 6, 1988, letter, EPA stated

that it would presume that natural gas

pipelines in EPA’s 1981 Compliance

Monitoring Program were contaminated

at ≥500 ppm PCBs due to the discovery

of such concentrations in components of

the natural gas pipeline system or

because natural gas purchased from

another system had shown ≥500 ppm

PCBs (Ref. 10). Much progress has been

made in reducing PCB concentrations in

natural gas pipelines under the

Compliance Monitoring Program. Thus,

EPA is formally ending the Program and

releasing the affected natural gas

pipeline companies from any further

obligations under it as of the effective

date of today’s rule. Therefore, EPA’s

500 ppm presumption policy for natural

gas pipeline systems no longer applies.

EPA believes that the final rule

adequately addresses remaining actions

necessary to further reduce PCB

concentrations in natural gas pipelines

while providing regulatory flexibility

and reduced compliance costs.

One commenter asked EPA to clarify

the relationship between the proposed

regulations and EPA Technical

Guidance Documents (TGDs). The

commenter requested that EPA allow

regulated entities the option of using

TGDs and ADPs to meet the proposed

requirements (e.g., §§ 761.30(i)(5) and

761.60), particularly with respect to

using existing PCB concentrations rather

than presumed concentrations. The

three TGDs for declassification,

abandonment, and classification of

stored pipe (Refs. 11, 12, and 13) were

developed to implement EPA’s

presumption policy of PCB

contamination at ≥500 ppm. As

discussed above, today’s rule eliminates

the presumption policy and allows

natural gas pipeline systems to be

managed based on actual PCB

concentration. Therefore, today’s

regulations supersede these guidance

documents.

e. Research and development (R&D).

In the NPRM, EPA addressed the

manufacture, use, processing, and

distribution in commerce of PCBs and

PCB waste material as analytical

reference standards for research and

development. EPA’s objective in

amending the § 761.30(j) use

authorization was to clarify the types of

activities covered by the R&D provision.

Also, EPA wanted to broaden the

category of PCBs covered by the

authorization to facilitate real-world

PCB cleanup activities (e.g., to include

analytical reference samples from PCB

waste materials, rather than limiting

R&D activities to the use of less than 5

milliliters of hermetically sealed vials of

PCBs). EPA clarified that the kind of

activities for which the use of PCBs or

analytical reference samples derived

from PCB waste material is authorized

includes, but is not limited to, chemical

analysis or analyses which examine the

concentration, physical properties,

toxicity, environmental fate, health

effects, transport processes, and

metabolic products of PCBs.

Although the use of PCBs and PCBs

in analytical reference samples derived

from waste material is authorized in

conjunction with PCB disposal-related

activities, PCB disposal activities are

governed by the requirements at

§ 761.60. Therefore, R&D into PCB

disposal-related activities using limited

quantities of PCBs is addressed at

§ 761.60(j) and is treated differently

from all other R&D uses of PCBs when

the intent is the development,

assessment, and/or the perfection of a

disposal technology. When the intent of

the activity is an R&D study of PCBs,

such as those activities listed above, it

is an authorized use under § 761.30(j).

When the intent of the activity is to

conduct a study using PCBs to develop

or assess the efficiency of PCB disposal

technologies, it may qualify as a selfimplementing R&D activity for PCB

disposal pursuant to § 761.60(j).

Under § 761.30(j), analytical reference

samples derived from PCB waste

materials may be used if they have been

obtained from an authorized source (i.e.,

in accordance with § 761.80(h) or (i))

and are packaged pursuant to Hazardous

Material Regulations at 49 CFR parts

171 through 180. All PCB wastes

resulting from the use of these samples

during PCB R&D activities are required

to be stored in compliance with

§ 761.65(b), must be manifested during

transport to an approved storage or

disposal facility, and once the use of

PCB waste samples is complete, they

must be disposed of in accordance with

all applicable Federal, State, and local

laws and regulations, including 40 CFR

part 761.

Commenters noted the confusion

created by having two R&D provisions,

one relating to disposal (§ 761.60(j)), and

one to other R&D activities (§ 761.30(j)).

TSCA recognizes various categories of

PCB activities: manufacture, processing,

distribution in commerce, use, disposal,

and combinations of such activities. The

regulations generally adopt that

structure, and the existence of two R&D

provisions is therefore not new. EPA’s

intent is not to integrate disposal and

use activities; to do so, would cause

more confusion about the PCB R&D

disposal approval requirements.

Two examples raised by one

commenter illustrate the scope of the

two R&D provisions. First, the analysis

of PCB photochemical properties is

R&D, but also destroys PCBs. To

determine the applicable PCB provision,

one should first assess the intent of the

activity. Since the stated objective is to

analyze the photochemical properties of

PCBs, § 761.30(j) applies. EPA

recognizes that analytical procedures

may destroy PCBs, but that was not the

objective in this example. Nor was the

objective to develop, evaluate, or refine

a disposal technology--activities

requiring an R&D disposal approval

under the existing rules.

Second, PCB waste materials are used

as quality assurance samples to measure

experimental error of analytical or

scientific methods for PCBs. The

expansion of the R&D use authorization

to include these media is in response to

the need to conduct PCB analyses on

‘‘weathered’’ PCBs such as those found

at cleanup sites. These wastes can be

used in interlaboratory studies to

determine the toxicity and potential

effects to health and the environment of

PCBs that have bioaccumulated in the

environment over time. When the waste

sample is used to develop, evaluate, or

refine a disposal activity, § 761.60

applies (e.g., § 761.60(j) for PCB R&D

disposal activities using less than 1

kilogram of pure PCBs, or § 761.60(i)(2)

where otherwise appropriate).

Otherwise, use of the waste sample in

analytical procedures would be

conducted pursuant to § 761.30(j).

Another commenter suggested that

EPA expand § 761.30(j) to read: PCBs

may be used for R&D ‘‘as samples of

environmental media or mixtures of

PCBs and solid waste’’ to ensure that

mixtures of PCBs, such as waste oil

containing PCBs, could be used in R&D.

Since the comment was so general, EPA

is uncertain as to whether the

commenter is concerned that they

would be prevented from obtaining

analyses of PCB mixtures. If the

commenter’s concern is about acquiring

laboratory services to analyze samples

of PCB mixtures, no further changes are

required since chemical analysis is an

authorized use of PCBs under

§ 761.30(j). The fact that the PCBs are

found in samples of waste mixtures

such as waste oil or solid waste does not

preclude a laboratory from analyzing
35398 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

them. EPA has modified the

authorization to include PCBs in

analytical reference samples derived

from waste materials, if such samples

are processed and distributed in

commerce by persons with a TSCA

section 6(e)(3)(B) exemption (e.g., either

an individual exemption or as a member

of the class exemption).

Commenters also confused the use

authorization for PCBs and PCBs in

analytical reference samples derived

from waste materials at § 761.30(j) with

the class exemption for processors and

distributors of PCBs and analytical

reference samples derived from PCB

waste material at § 761.80(i). Section

761.30(j) authorizes the use of these

materials in research and development

— TSCA bans the use of PCBs unless

authorized by rule. Section 761.80(i)

allows individuals covered by the class

exemption to gather and package (i.e.,

process) PCBs and analytical reference

samples derived from PCB waste

material for distribution in commerce.

TSCA also bans processing and

distribution in commerce of PCBs, but

provides the exemption process by

which EPA may allow such activities.

Because TSCA provides different

mechanisms for allowing use of PCBs as

distinct from processing and

distribution in commerce, these

different activities are dealt with in

separate sections of the rule.

Additionally, commenters found

confusing EPA’s proposed limitation of

the PCB volumes used for R&D. EPA has

concluded that limiting the quantity of

a facility’s use of PCBs is not necessary

since quantity limitations have been

established elsewhere in the regulations

contingent upon the activity being

conducted (e.g., processing, distribution

in commerce, R&D for PCB disposal).

However, EPA has retained the

definition for ‘‘small quantities for

research and development’’ since

provisions previously established by

EPA were based on this narrowly

crafted definition and contributed to

EPA’s determination that the constraints

were a sufficient precaution against the

risk of human or environmental

exposure to PCBs.

Also, EPA would have required

notification of the appropriate Regional

Administrator at least 30 days prior to

the commencement of any R&D activity

authorized under § 761.30(j).

Commenters questioned whether EPA

really intended for laboratories to notify

the Agency of their R&D use activities.

EPA agrees that the notification

requirement is confusing and

unnecessary, and has removed it from

the use authorization at § 761.30(j).

Commenters representing university

laboratories interpreted the scope of the

PCB regulations to exclude educational

institutions, such as labs at universities,

from compliance with the PCB

regulations. Commenters confessed

confusion regarding EPA-approved

activities and viewed the proposed use

authorization at § 761.30(j) as being a

framework for current research activities

that would enable them to be in

compliance with EPA rules. Unless

specifically exempt, TSCA and its

implementing regulations apply to all

‘‘persons’’ as defined in the regulations,

which includes educational institutions

(see § 761.3). Activities involving the

use of PCBs are banned unless

specifically authorized by 40 CFR part

761. Individuals are encouraged,

therefore, to direct their inquiries to the

Office of the Director, National Program

Chemicals Division (7404), Office of

Pollution Prevention and Toxics, 401 M

St., SW., Washington, DC 20460, or their

Regional PCB Coordinator, if they are

uncertain about whether an activity is

prohibited under TSCA and impacts

their ability to engage in certain PCB

activities such as qualifying for an EPA

grant.

f. Contaminated porous surfaces. In

response to comments, EPA has added

a use authorization for contaminated

porous surfaces contaminated by spills

of liquid PCBs, such as concrete, wood,

and coated metal surfaces. The

authorization requires selfimplementing controls to reduce

exposure to the spilled PCBs and to

restrict further migration of the PCBs

from or within the porous material (see

§ 761.30(p)). Without this use

authorization, these materials would

have to be removed and disposed of.

EPA agrees with comments that the

removal of porous materials

contaminated by spills of liquid PCBs is

economically burdensome and

unnecessary where release of and

exposure to the PCBs can be controlled.

EPA believes that the use conditions

specified in § 761.30(p) will effectively

prevent exposure to any residual PCBs

in the contaminated porous material

and therefore continued use of this

material will not present an

unreasonable risk. If a spill occurred on

concrete and the source seeped through

the concrete and into the underlying

soil, the responsibility for addressing

contamination to the underlying soil

remains, even though the concrete could

possibly meet the specified conditions.

g. Rectifiers. EPA is aware that a

certain number of oil-filled and solidstate rectifiers (devices that convert

alternating current to direct current)

contain PCBs. Therefore, EPA proposed

to authorize the continued use, at

§ 761.30(r), of PCBs at any concentration

in rectifiers, and PCBs at less than 50

ppm to be used in servicing rectifiers for

the remainder of their useful life.

EPA solicited comments and data on

the following: (1) The number of

rectifiers currently in use, (2) the extent

of PCB contamination in rectifiers, (3)

the size of such units and whether EPA

should adopt a de minimis PCB volume

at or above which rectifiers would be

regulated under TSCA (e.g., in the same

manners as capacitors with less than

1.36 kgs (3 pounds) of fluid are

considered small and generally not

regulated under TSCA for disposal), (4)

the number of oil-filled versus solid

state rectifiers, and (5) any information

supporting a use authorization for

rectifiers.

EPA is finalizing § 761.30(r) as

proposed. Commenters indicated that

rectifiers were typically found with less

than 50 ppm PCBs. Therefore, due to

their generally low concentration, EPA

concludes that continued use of

rectifiers for the remainder of their

useful lives will not pose an

unreasonable risk. Rectifiers are

therefore authorized for continued use

as long as they are serviced only with

less than 50 ppm PCBs.

h. Scientific instruments. EPA

proposed, at § 761.30(k), to authorize

the use of up to 100 milliliters of PCBs

at any concentration in scientific

instruments, provided the PCBs were in

use in the instrument at the time the

final rule became effective. In today’s

final rule, EPA is dropping the ‘‘in use’’

provision based on comments that not

all instruments are continually in use.

In addition, a commenter was confused

as to whether other currently authorized

existing uses of PCBs in electrical

equipment or scientific instruments not

specifically mentioned in the

authorization would now be prohibited.

To clarify, this authorization does not

prohibit other authorized uses of PCBs,

such as in electrical transformers and

capacitors, in instruments used for

scientific study.

Commenters stated that experiments

could require up to 150 milliliters of

PCBs. Commenters also stated that the

possibility of releases from scientific

instruments is minimized because of

OSHA’s Laboratory Standards at 29 CFR

§ 1910.1450. Based on these comments,

EPA concludes that the use of PCBs in

scientific instruments at greater than

100 milliliters will not pose an

unreasonable risk, the final rule does

not retain the 100 milliliter limit.

Finally, EPA combined the proposed

authorization at § 761.30(s) and three

existing use authorizations, § 761.30(k),
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35399

Microscopy mounting medium;

§ 761.30(n), Microscopy immersion oil;

and § 761.30(o), Optical liquids, into a

single authorization at § 761.30(k)

entitled ‘‘Use in scientific instruments.’’

Each of the four uses is included in the

new combined authorization.

i. Air compressor systems. EPA

proposed a use authorization and

decontamination standards for air

compressor systems as part of the use

authorization for natural gas pipeline

systems at § 761.30(i). In today’s final

rule, however, EPA has added a separate

definition for ‘‘air compressor systems’’

at § 761.3 and authorized the use of

PCBs in concentrations of ≥50 ppm in

air compressor systems under specific

conditions in § 761.30(s) to allow a

reasonable time frame for removal and

reduction of PCBs. The Agency made

this change because the use of air

compressors is not unique to the natural

gas pipeline industry. Additionally, the

decontamination requirements for air

compressor systems are now found in

the decontamination section in § 761.79.

As with natural gas pipeline systems,

EPA believes that allowing continued

use of the air compressor system while

the PCBs are being removed does not

pose an unreasonable risk, so long as the

PCBs are contained in the system, are

regularly removed in the condensate,

and, when removed, are stored and

disposed of in accordance with these

regulations.

j. Other gas and liquid transmission

systems. Commenters agreed with EPA’s

proposal to authorize use of PCBs in

natural gas pipeline systems, but

suggested that EPA expand the

authorization to include other types of

transmission systems. EPA has less

comprehensive data regarding these

other transmission systems, but the

information indicates that these systems

would be smaller in size than most

natural gas pipeline systems. For this

reason, and because of the wide variety

of these systems, such an authorization

is generally best made on a case-by-case

basis. Therefore, under § 761.30(t) in

today’s rule, EPA is authorizing the use

of PCBs at concentrations ≥50 ppm in

other gas and liquid transmission

systems which are owned or operated

by a seller or distributor only with the

written approval of the Director,

National Program Chemicals Division.

Owners or operators of these systems

must take steps to identify and reduce

PCBs to <50 ppm in demonstrated

sources of PCBs within the pipeline

system. This use authorization provides

a mechanism to address rare cases of

PCB-Contaminated gas or liquid systems

which may not be authorized elsewhere

to ensure that these systems are

identified and cleaned to below 50 ppm

PCBs. The rule also authorizes the

continued use of PCBs in pipeline

systems at <50 ppm. In addition, the

rule authorizes the continued use of

PCBs at concentrations ≥50 ppm in

pipeline systems not owned or operated

by a seller or distributor; owners or

operators of these systems have no

obligations under § 761.30(t).

k. Use/reuse of decontaminated

materials. EPA clarifies in § 761.30(u) of

today’s rule that equipment, structures,

or liquid or non-liquid materials that

were contaminated with PCBs ≥50 ppm

may be used or reused once

decontamination standards and

applicable use conditions set forth in

§ 761.30(u) are met. However, these

materials may not be used or reused in

direct contact with food, feed, or

drinking water unless otherwise

allowed in part 761. This restriction is

designed to limit cross-contamination,

thus reducing risk from PCB ingestion

(see § 761.30(u)(2)). Water may,

however, be used or reused without

restriction if it is below the

decontamination standard of 0.5

micrograms per liter in § 761.79(b)(1).

Water containing PCBs at

concentrations <200 μg/L

(approximately 200 ppb) may be used or

reused in industrial processes where

there is no release from the process (e.g.,

as a non-contact cooling water).

Some commenters asked when

equipment, structures, and other liquid

or non-liquid materials used

intermittently in PCB decontamination,

cleanup, or servicing activities must be

decontaminated. These items include,

but are not limited to: distillation

columns; wastewater treatment units;

metal pans used to collect PCB liquids;

and tools and other equipment used in

cleanup activities. While in use,

equipment such as that used in a

wastewater treatment system (e.g.,

piping, filter-cake presses, and

precipitators) is operating as a PCB

waste management unit conducting

decontamination activities as described

in § 761.79 and as such does not need

a TSCA PCB disposal approval. Any

wastes removed from the equipment,

such as filter-cakes or distillation

bottoms, are subject to the PCB

regulations based on the PCB

concentration at removal.

Inactive equipment contaminated

with PCBs as a result of its use during

cleanup, decontamination, or servicing,

but which will be reused for the same

activities, may be eligible for the

provisions for storage of PCB Articles

designated for reuse in § 761.35 (see

Unit IV.C. of this preamble). If the

equipment will no longer be used, then

it is subject to the subpart D storage and

disposal requirements. If the equipment

is inactive for less than 30 days, the

temporary storage for disposal

provisions for PCB Items under existing

§ 761.65(c)(1) could be utilized; after 30

days, the 1–year storage for disposal

requirements in § 761.65(b) apply. If the

equipment is decontaminated according

to §§ 761.79 and 761.20(c)(5), it is

exempt from further TSCA regulation.

C. Storage of PCB Articles Designated

for Reuse

EPA proposed at § 761.67 to limit

storage for reuse of PCB Articles in areas

not designed, constructed, and operated

in compliance with § 761.65(b) for a

maximum of 3 years from the later of

the date a PCB Article was taken out of

service or the effective date of today’s

final rule. PCB Articles would have to

be labeled when they were taken out of

service and placed into storage for

reuse. In addition, the storage for reuse

of any PCB Article would have to

comply with all marking and

recordkeeping requirements.

Information required on the labels for

PCB Articles being stored for reuse

would include the date the equipment

was placed into storage for reuse or the

effective date of the final rule, if the

other date is not known; a projected

location for the equipment’s future use;

and the date the equipment was

scheduled for repair or servicing, if

appropriate.

Commenters indicated that 3 years

was not a sufficient time period for

storing articles for reuse. Some

commenters indicated that storage

should be unlimited because of the 1–

to 2–year lead time required for

manufacturers to supply new

equipment. Also, for electrical utilities

or natural gas pipelines, commenters

pointed to the urgency to maintain

service by having replacements for

emergencies at hand. Therefore, the

Agency is extending the storage for

reuse provision from 3 years to 5 years.

Commenters also disagreed with the

storage for reuse labeling requirement,

or indicated that the labeling

requirement was burdensome and

unnecessary because information EPA

proposed to require on the label was

already maintained in the annual

document log. Based on comments

received, EPA is not finalizing the

proposed labeling requirement. PCB

Articles are already required to be

labeled indicating when they were

placed in storage for disposal

(§ 761.65(c)(8)). Therefore, requiring

PCB Articles being stored for reuse also

to be labeled could be confusing.
35400 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

EPA is retaining at § 761.35 the other

proposed recordkeeping requirements

for PCB Articles being stored for reuse

since much of this information is

normally maintained in the facility’s

annual document log. The Agency

believes that owners or operators with

PCB Articles being kept for reuse

already maintain records indicating

when articles are removed for servicing

or repair because of scheduling and

budgeting purposes.

Commenters also indicated that the

proposed requirement that owners or

operators indicate the future use

location of a PCB Article being stored

for reuse was burdensome and

unnecessary. The Agency disagrees. The

knowledge on where an article was

proposed for reuse distinguishes the

article from one being stored for resale

or disposal. The latter types of storage

are prohibited unless appropriate

regulatory controls are followed.

Therefore, EPA is requiring that the

projected location of the article to be

included in the facility’s annual

document log.

Electrical utilities and natural gas

pipeline or transmission companies

commented that storing PCB Articles in

an area which is designed, constructed,

and operated in compliance with

§ 761.65(b) could cause delays in

repairing equipment and restoring

service to customers, without

significantly reducing risk to health and

the environment. EPA understands that

emergency situations may require that

certain PCB Articles be stored in close

proximity to their potential use

locations and in this final rule allows

such articles to be stored for reuse in an

area which was not designed,

constructed, and operated in

compliance with § 761.65(b) for no more

than 5 years. PCB Articles may be stored

for reuse indefinitely in an area

designed, constructed, and operated in

compliance with § 761.65(b), or outside

such an area provided that the owner or

operator has received written approval

from the EPA Regional Administrator

for the Region in which the article is

stored.

D. Marking

EPA proposed several changes to the

§ 761.40 marking requirements,

including changes to the marking of

transport vehicles, storage units, Large

Low Voltage Capacitors in use, and

equipment in use containing PCB

Transformers and PCB Large Capacitors.

EPA also proposed an associated

clarification to the PCB concentration

assumptions for capacitors (see Unit

IV.A.1.c. of this preamble).

1. Transport vehicles. Existing

§ 761.40(b) and (e) require the marking

of transport vehicles carrying one or

more PCB Transformers or 45 kg of

liquid PCBs at concentrations of 50 ppm

or greater. Existing § 761.40(b) and (e)

essentially express the same

requirements regarding marking

transport vehicles loaded with liquid

PCBs at 50 ppm or greater. EPA

proposed to eliminate this duplication

by combining references to the marking

requirement for transport vehicles at

§ 761.40(b) and (e) under proposed

paragraph (d), thus leaving the

requirements for the remaining PCB

Items under paragraph (e). EPA also

proposed to extend the marking

requirement to transport vehicles

carrying 45 kg of PCBs (≥50 ppm) in any

phase to make the marking requirements

for transport vehicles carrying nonliquid PCBs consistent with those

carrying liquid PCBs.

Commenters expressed general

support for EPA’s overall objective of

clarification and elimination of

duplication. However, most commenters

opposed marking transport vehicles

carrying non-liquid PCBs as

unnecessary and problematic. For

instance, utilities would have to mark

service trucks because they occasionally

transport one or more drums of waste

from a cleanup site. Some commenters

requested that EPA rescind the TSCA

vehicle marking requirement altogether

and defer to DOT placarding standards

for vehicle marking. Several

commenters noted that as drafted, the

proposed rule would unintentionally be

retroactively effective.

In today’s final rule, EPA is

combining references to the marking

requirement for transport vehicles

carrying liquid PCBs at existing

§ 761.40(b) and (e) under paragraph (b)

(rather than paragraph (d) as proposed)

and leaving the requirements for the

remaining PCB Items under paragraph

(e). This amendment does not result in

any substantive change to the existing

provisions at § 761.40.

The Agency is not finalizing the

proposal to mark transport vehicles

containing non-liquid PCBs. This

change would impose more burdens on

the regulated community than EPA

envisioned, and is likely to complicate,

rather than simplify, compliance. EPA

agrees that it is not desirable to require

utility service fleets to carry PCB labels

on a routine basis when they will only

occasionally transport small amounts of

non-liquid PCBs. Regarding the

comments recommending that EPA

eliminate all the existing requirements

at § 761.40 to mark transport vehicles,

EPA believes that such a change would

be outside the scope of this rulemaking,

because EPA proposed to retain and

strengthen these requirements.

Also, a commenter expressed concern

that forklifts used to move PCB

containers would require marking as

transport vehicles. EPA clarifies that

forklifts used on site (e.g., not used on

public roads) are not considered

transport vehicles and are not required

to be marked as such under § 761.40(b).

Several commenters believe the 45 kg

threshold for marking transport vehicles

is based on the mass of the actual PCB

molecules in the liquid. This has never

been the case. Marking is triggered by 45

kg total weight of the material

containing 50 ppm or more of PCBs,

irrespective of the weight of the PCB

molecules in that material, and has been

since promulgation of the Disposal and

Marking rule (43 FR 7150, February 17,

1978). For instance, a single drum

containing 45 kg of mineral oil

dielectric fluid at 50 ppm PCBs triggers

the marking provisions. The total

material weight also applies to the 45 kg

trigger for recordkeeping provisions at

existing § 761.180(a). This issue is

clarified by new language at

§ 761.1(b)(6).

2. Storage units. Existing § 761.40(h)

requires ML marks on PCB Items and

transport vehicles to be placed so that

they can be easily read. EPA proposed

modifying § 761.40(h) to require marks

on storage units. No significant

comment was received on the proposal

and it is finalized as proposed.

3. Large Low Voltage Capacitors. In

the NPRM, EPA noted that PCB Large

Low Voltage (LLV) Capacitors often are

not identified and disposed of properly

at the time of removal, because they are

not required to bear the ML mark while

in use. Accordingly, EPA proposed to

require the marking of those PCB LLV

Capacitors still in use, within 180 days

of the effective date of the final rule.

Allowances identical to those at existing

§ 761.40(c)(2) for PCB Large High

Voltage (LHV) Capacitors were made for

PCB LLV Capacitors in inaccessible

locations.

EPA received several comments on

the proposal. Some commenters felt the

rule was reasonable and sensible, others

that it was burdensome and that PCB

LLV Capacitors in use posed little risk.

Commenters expressed concern about

the number of capacitors that would

require marking under this rule, but

provided no data or analysis to support

contentions on the proposal’s burden or

the risk associated with unmarked PCB

LLV Capacitors in use. One commenter

noted that access to PCB LLV Capacitors

in some equipment would be difficult.

More than one commenter requested
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35401

that EPA allow records of unmarked

PCB LLV Capacitors to be maintained

off-site.

EPA believes that it is important to

revise the marking provisions to include

PCB LLV Capacitors in use. PCB LLV

Capacitors in use were exempted from

marking with the ML in the original

Disposal and Marking rule (43 FR 7150),

to reduce the burden associated with the

large numbers then in use. Instead, PCB

LLV Capacitors were to be marked upon

removal from use, and new non-PCB

LLV Capacitors were required to be

labeled ‘‘No PCBs’’ to distinguish them

from unmarked PCB LLV Capacitors in

use. The Agency’s regional staff have

reported observing over the last several

years that PCB LLV Capacitors, being

unmarked, are often mistaken by

uninformed personnel as non-PCB, and

disposed of improperly (rather than

being identified as PCB, marked with an

ML, and disposed of as PCB waste). This

problem will only increase, as aging

PCB LLV Capacitors approach the end

of their service life and are removed in

increasing numbers. Industry familiarity

with the 1978 ML marking exception for

PCB LLV Capacitors is likely to decline

in the future, increasing the number of

PCB LLV Capacitors misidentified for

disposal. To complicate identification,

the requirement that new LLV

Capacitors be labeled ‘‘No PCBs’’

expires on July 1, 1998 (see existing

§ 761.40(g)). Also, although LLV

Capacitors are less likely than LHV

Capacitors to fail and leak in service, the

risk of PCB exposure posed by PCB LLV

Capacitors will increase as larger

numbers of aging units fail in service.

Accordingly, EPA believes the marking

of all PCB LLV Capacitors is now

necessary. The burden of this regulation

will also be significantly less than it

would be if it had been imposed in

1978, in that the number of PCB LLV

Capacitors affected has greatly

diminished through attrition and phaseout efforts.

Therefore, in today’s rule, EPA is

finalizing § 761.40(k)(1) to require

marking of PCB LLV Capacitors in use.

PCB LLV Capacitors in use in

inaccessible locations inside equipment

are exempt, provided that the

equipment is marked. Such capacitors

must continue to be marked

individually at the time of removal from

service. In regard to protected locations

(e.g., power poles, structures or fences)

with unmarked LLV Capacitors, EPA is

not allowing the maintenance of records

at a central location. Repair or spill

response personnel may not have timely

access to records maintained off-site at

a central facility. Also, the on-site

record requirement is consistent with

the existing requirement for PCB LHV

Capacitors at § 761.40(c)(2)(ii). EPA

wants to emphasize that records are

only required at a protected location if

the owner chooses to leave individual

capacitors there unmarked.

4. PCB equipment in use. Because of

identification and disposal concerns,

EPA is requiring that all equipment

containing PCB Transformers or PCB

Large Capacitors (High or Low Voltage),

including equipment in use, be marked

with the ML mark (see § 761.40(k)(2)).

Existing § 761.40(a)(4) only required

equipment containing PCB

Transformers or PCB LHV Capacitors to

be marked at the time of manufacture,

distribution, or removal from service.

Today’s rule expands this provision to

cover all equipment with PCB LLV

Capacitors, and equipment with PCB

Transformers and PCB LHV Capacitors

not already marked (i.e., in-service

equipment not manufactured or

distributed in commerce after the

effective date of § 761.40(a)(4)). These

marking provisions do not apply to

equipment containing PCBContaminated Electrical Equipment.

E. Disposal

1. Applicability. In the final rule, EPA

has created a new § 761.50, titled

Applicability of Storage and Disposal

Provisions. The purpose of § 761.50 is to

guide the public to the subpart D

provisions that apply to specific kinds

of wastes and specific activities. There

are four items of note about § 761.50.

First, it contains general prohibitions

and conditions applicable to all of

subpart D. For example, EPA’s policy

that spills or other uncontrolled

discharges of PCBs at concentrations of

50 or greater ppm constitute disposal,

formerly at § 761.60(d)(1), is now at

§ 761.50(a)(4).

Second, § 761.50 clarifies that

§ 761.60 applies to PCB liquids and PCB

Items, and not to other PCB waste, such

as PCB remediation waste or PCB bulk

product waste. Those wastes are now

regulated by new §§ 761.61 and 761.62,

respectively.

Third, EPA specifies the storage and

disposal options for PCB/radioactive

waste at § 761.50(b)(7). Any person

storing PCB/radioactive waste ≥50 ppm

PCBs must do so based on the PCB

concentration of the waste, except as

provided in §§ 761.65(a)(1),

761.65(b)(1)(ii), and 761.65(c)(6)(i) of

this part. Any person disposing of PCB/

radioactive waste at ≥50 ppm PCBs must

do so taking into account both the PCB

concentration and the radioactive

properties of the waste. If, taking into

account only the properties of the PCBs

in the waste (and not the radioactive

properties of the waste), the waste meets

the requirements for disposal in a

facility permitted, licensed, or registered

by a State as a municipal or nonmunicipal non-hazardous waste landfill

(e.g., PCB bulk product waste under

§ 761.62(b)(1)), then the person may

dispose of the PCB/radioactive waste,

without regard to the PCB component of

the waste, on the basis of its radioactive

properties in accordance with all

applicable requirements for the

radioactive component of the waste.

Fourth, § 761.50 clarifies the TSCA

rules governing the regulatory status

and cleanup of PCB spills and disposal

sites in light of the ruling on the

prefatory note exclusion to § 761.60 by

EPA’s Chief Judicial Officer in Re:

Standard Scrap Metal Company, TSCAV-C-288, Appeal No. 87-4, August 2,

1990 (Standard Scrap). See 59 FR 62792,

December 6, 1994, for a discussion of

that decision.

EPA proposed to delete the prefatory

note, and substitute language on the

disposal of PCB waste generated before

1978 as introductory text to § 761.60. In

the final rule, this language appears at

§ 761.50(b)(3). That section provides

that sites where PCBs have been placed

in a land disposal facility (such as a

dump, landfill, waste pile, or land

treatment unit), spilled, or otherwise

released to the environment prior to

April 18, 1978, are presumed not to

present an unreasonable risk of injury to

health or the environment from

exposure to PCBs at the site, and do not

necessarily require further disposal

action. The final rule allows the EPA

Regional Administrator, on a case-bycase basis, to make a finding that spills,

leaks, or other uncontrolled discharges,

such as leaching, from a pre-1978

disposal site constitute ongoing disposal

that presents an unreasonable risk of

exposure to PCBs. The EPA Regional

Administrator may make this finding

regardless of whether the site is a spill,

dump, land treatment unit, waste pile,

stream, river, pond, lake, any sediment

(or dredge material from a stream, river,

pond, or lake), ground water, surface

water, landfill, or any other type of

disposal site. Once the EPA Regional

Administrator makes such a finding, the

owner or operator must dispose of the

wastes until the unreasonable risk no

longer exists. EPA believes that pre1978 PCB disposal units or areas of

contamination should not be allowed to

remain ‘‘in-service’’ and thus

unaddressed, as the existing prefatory

note currently allows, if they pose an

unreasonable risk due to exposure to

PCBs.

Commenters argued that TSCA’s

applicability is clearly prospective and
35402 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

that the proposed change

inappropriately extends the reach of the

TSCA regulations to spills and disposals

which occurred prior to the effective

date of the regulations. EPA’s response

is that section 6(e) provided EPA with

a broad mandate to protect health and

the environment from unreasonable risk

of injury from PCBs. Just as EPA has

banned or restricted the manufacture,

processing, distribution in commerce,

and use of PCBs where they pose an

unreasonable risk of injury regardless of

when that activity started or that piece

of equipment was first put into service,

EPA is now addressing PCBs disposed

of in a manner which, due to spills,

leaks, or other uncontrolled discharges

from the site, constitutes ongoing

improper disposal that now poses an

unreasonable risk of injury.

With regard to sites containing PCB

remediation wastes generated on or after

April 18, 1978, owners or operators of

those sites now have two choices: they

may clean up the wastes in accordance

with new § 761.61, or, if applicable,

they may cleanup the wastes in

accordance with EPA’s Spill Cleanup

Policy, part 761, subpart G.

Owners or generators of PCB

remediation waste may unilaterally (for

example, to obtain insurance, to sell

property or to reduce civil liability)

dispose of PCB remediation waste in

accordance with self-selected portions

of § 761.61, the Spill Cleanup Policy, or

any other procedures, but are not

afforded any relief from any regulatory

liability from TSCA, based on that

voluntary action alone.

2. Landfilling of liquid PCBs. In

today’s final rule EPA is removing the

provisions formerly at § 761.60(a)(2)(ii)

allowing the disposal of PCBContaminated mineral oil dielectric

fluid, which has been stabilized on-site

prior to disposal in accordance with

§ 761.75(b)(8), at a chemical waste

landfill. However, the land disposal of

PCB-Contaminated liquids from

incidental sources associated with nonliquid PCB waste is allowed, if

information is provided to or obtained

by the owner or operator of the chemical

waste landfill that shows that the waste

does not exceed 500 ppm PCBs, is not

an ignitable waste, and disposal does

not violate RCRA land disposal

regulations (see § 761.60(a)(3)). This

provision applies to PCB-Contaminated

liquids, which are in the form of

precipitation, condensation, leachate or

load separation and are associated with

PCB Articles or non-liquid PCB wastes

being disposed of in a chemical waste

landfill. This provision does not apply

to bulk liquid wastes, which must be

disposed of in an incinerator or high

efficiency boiler under § 761.60(a)(1) or

(a)(2), or to liquid PCB remediation

waste, such as stormwater runoff from

PCB bulk product waste. Disposal of

liquid PCB remediation waste is

regulated at § 761.61(a)(5)(iv), (b), or (c).

The provisions allowing landfilling of

liquids at less than 500 ppm were

established May 31, 1979, when there

was a limited number of incinerators

permitted to burn PCB waste and

disposal capacity was a concern. EPA

believes the amount of low

concentration PCB liquids anticipated to

be designated for disposal and in storage

for disposal can easily be

accommodated by the existing and

anticipated future PCB disposal

technologies other than landfilling (See

discussion of disposal capacity in the

preamble to the Import for Disposal

Rule (61 FR 11098, March 18, 1986).)

EPA expects the existing PCB disposal

and storage for disposal regulations and

the amendments finalized today to

accommodate the additional liquid

PCBs requiring incineration or

alternative disposal treatment. In

addition, today’s rule makes EPA policy

on landfilling liquid PCBs more

consistent with the prohibition on

landfilling of liquid hazardous waste

containing PCBs at concentrations of 50

ppm or greater under the RCRA land

disposal restrictions at 40 CFR

268.32(a)(2) and 268.42(a)(1).

In the NPRM, EPA proposed to

eliminate the landfilling of all PCBContaminated liquids, without

exception. Approximately 10 comments

were received on this issue. Several

commenters were concerned about the

implications of the ban on ‘‘incidental’’

or ‘‘environmental’’ liquids associated

with non-liquid wastes, which usually

are of an aqueous nature. Examples

cited included precipitation,

condensation, leachate, and load

separation. To address this problem,

§ 761.60(a)(3) allows the disposal of

such incidental liquids.

3. Disposal in scrap metal recovery

ovens and smelters. Under the existing

PCB disposal regulations (see existing

§ 761.60(b)(5) and (b)(6)), disposal of

drained PCB-Contaminated Electrical

Equipment and other drained PCB

Articles is not regulated. At the time of

the NPRM, a significant number of

facilities were disposing of drained

PCB-Contaminated articles (including

PCB-Contaminated Electrical Equipment

such as transformers) in scrap metal

recovery ovens. These furnaces are also

commonly referred to as sweat furnaces,

bakeout ovens, and wire furnaces.

However, some drained PCBContaminated articles have been

prepared for metal smelting under

uncontrolled combustion conditions

such as open burning. Open burning can

result in significant amounts of products

of incomplete combustion such as PCBs,

polychlorinated dibenzo-p-dioxins, and

polychlorinated dibenzofurans (Ref. 14).

Therefore, EPA has prohibited open

burning (see § 761.50(a)(1)) and in

§ 761.72 has established scrap metal

recovery ovens operating conditions

that control emissions and result in no

unreasonable risk of injury to health or

the environment.

EPA has responded affirmatively to

commenters who have provided

acceptable alternatives to EPA’s

proposal, which required direct disposal

of the drained PCB-Contaminated

articles in a metal smelter. The

commenters’ alternative includes

primary and secondary combustion

chambers. In the primary combustion

chamber, the articles are slowly warmed

to a temperature below the melting

point of aluminum and kept at that

temperature for a number of hours,

much longer than the time waste is in

the primary chamber of a PCB

incinerator. Any PCBs present in the

drained PCB-Contaminated articles will

vaporize or be destroyed at these

temperatures. The primary combustion

chamber operates under a slightly

negative pressure (or draft) so that

combustion gases do not leak out but are

passed into the secondary chamber. The

secondary combustion chamber operates

at the same combustion conditions as a

PCB incinerator. In the secondary

chamber any remaining PCBs and any

incomplete combustion products

formed in the primary chamber are

destroyed. Both EPA’s proposed method

and the method proposed by the

commenters are included in the final

rule.

Commenters did, however, express

confusion over EPA’s use of the term

‘‘industrial furnace,’’ as the proposal’s

adoption of the RCRA definition of that

term at 40 CFR 260.10. In response to

these comments, EPA has deleted this

definition in the final rule, and has

changed the terms in § 761.72. That

section now refers at § 761.72(a) to

‘‘scrap metal recovery ovens’’ and at

§ 761.72(b) to ‘‘smelters.’’ Operating

parameters for each type of device are

specified. Any device that meets the

operating parameters is authorized for

disposal of PCB wastes specified in

§ 761.72 in accordance with those

parameters.

EPA finds there is no unreasonable

risk of injury to health or the

environment from PCB, polychlorinated

dibenzo-p-dioxin, and polychlorinated

dibenzofuran emissions from

incineration of small amounts of PCBs
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35403

in accordance with the requirements of

§ 761.72. Very small amounts of PCBs

remain on drained surfaces of PCBContaminated equipment. This is the

result of the original concentration of

less than 500 ppm PCBs and the

thinness of the dielectric fluid. The

amount of PCBs present in the primary

chamber of an industrial furnace is

much smaller than would routinely be

present in a PCB incinerator over the

same time period. The amount of PCBs

present in the primary chamber is even

smaller than would be fed into most

combustion facilities burning waste oil

at less than 50 ppm PCBs under

§ 761.20(e), and the amount of PCBs in

a secondary chamber is smaller still.

EPA has further provided for the control

of emissions by requiring scrap metal

recovery ovens and smelters to have a

final permit under RCRA or be operating

under a valid State air emissions permit

which includes a standard for PCBs (see

§ 761.72(c)).

In addition to intact drained PCBContaminated Electrical Equipment and

other intact drained PCB-Contaminated

articles (such as hydraulic equipment),

scrap metal recovery ovens and smelters

may be used to dispose of metal surfaces

which are included in PCB remediation

wastes and PCB bulk product waste.

Metal in PCB remediation waste

includes scrap metal found in an

industrial sludge lagoon or rinsed

drums formerly used to contain cleanup

solvents. Metal in PCB bulk product

waste includes pieces from

disassembled, drained PCBContaminated transformers or metal

surfaces coated with non-liquid PCBs

such as painted pieces of fuel tanks.

Non-metal PCB remediation wastes such

as liquids, soils, sludges, and dredged

sediments) and non-metal PCB bulk

product waste (such as shredder fluff

and air handling system gaskets) are not

approved for disposal in scrap metal

recovery ovens and smelters. However,

waste oils containing PCBs at

concentrations less than 50 ppm may be

burned in scrap metal recovery ovens

and smelters which qualify under

specified conditions (see § 761.20(e)).

4. PCB articles—a. PCB-Contaminated

Electrical Equipment. Drained PCBContaminated Electrical Equipment is

not regulated for disposal under the

existing PCB regulations at

§ 761.60(b)(4). In promulgating this

provision, it was EPA’s intent that

disposal of this equipment in an

approved incinerator or chemical waste

landfill is not required. The equipment

or its components would still have to be

disposed of in a way that ended its

useful life, such as salvaging through

smelting when certain conditions are

met (Ref. 15). EPA solicited comments

in the NPRM on whether it should

amend the regulations for the disposal

of drained PCB-Contaminated Electrical

Equipment to ensure that the equipment

is properly disposed of and is not

illegally reused. Possible remedies such

as mandating decontamination and

stricter controls to ensure that units

were completely drained were not well

received by commenters. In particular,

most commenters stated that anecdotal

information that drained PCBContaminated Electrical Equipment

carcasses were used for barbecue grills

reflected isolated instances of noncompliance.

EPA proposed to modify

§ 761.60(b)(4) to allow disposal of

drained PCB-Contaminated Electrical

Equipment only in facilities permitted,

licensed, or registered by a State to

manage municipal solid waste

(excluding thermal treatment units), in

an industrial furnace, or in a TSCAapproved disposal facility. EPA also

proposed to amend § 761.60(b)(4) to

require that equipment be drained for a

period of not less than 48 hours, so that

as much liquid as possible was removed

from the equipment to further reduce

PCB content prior to disposal.

Most commenters stated that defining

a drain time added new burdens

without providing additional protection

to health or the environment. Instead,

commenters felt that EPA should focus

on the methods used to remove oil from

transformers, especially large

transformers where the actual draining

procedure could be hazardous to

personnel and the equipment.

Specifically, commenters suggested that

EPA consider pumping, vacuuming, and

other methods as acceptable means for

removing oil from transformers. In

support, commenters provided test data

indicating that 95 to 99% of the oil was

removed from the transformer in the

first hour and any residual oil removed

during a 48-hour period would be

extremely small. Because a small

amount of residual oil still remained

after draining, some commenters

suggested excluding the use of State

licensed municipal or industrial waste

landfills as disposal options for this

equipment. They felt this would be a

reasonable exclusion because many

State-permitted solid waste landfills do

not accept this equipment.

EPA is not finalizing the requirement

that transformers be drained for 48

hours. In addition, rather that requiring

‘‘draining’’ of PCB liquids, amended

§ 761.60(b)(4) allows PCB liquids to be

‘‘removed’’ (e.g., pumped or vacuumed).

EPA realizes that liquid can be trapped

in the inner workings and as an

additional measure, EPA suggests a

second removal action to ensure that as

much liquid as possible is removed

from the unit. EPA emphasizes that any

residual liquid that remains is regulated

and the receiving facility is responsible

for its management. EPA is not

excluding the use of State licensed

municipal or industrial waste landfills

as disposal options, because to do so

would be counter to EPA’s goal of

providing flexibility, and would reduce

the number of options available in areas

where these landfills will accept this

equipment.

b. Small capacitors. Under current

§ 761.60(b)(2)(ii), PCB small capacitors

may be disposed of as municipal solid

waste. In the NPRM, EPA sought data

indicating whether there was support

for statements by TSCA section 21

petitioners (Ref. 16) that the disposal

practices at a municipal solid waste

landfill, such as compaction, would

cause PCB small capacitors to leak and

cause a risk to health and the

environment through ground water

contamination. The Agency did not

receive data substantiating these

statements. Therefore, EPA will not

change the disposal requirements for

intact and non-leaking PCB small

capacitors. Except for capacitors owned

by manufacturers of capacitors or

manufacturers of equipment containing

PCB small capacitors, any quantity of

intact, non-leaking PCB small capacitors

may be disposed of in a municipal solid

waste landfill. However, the Agency

continues to recommend that generators

of large numbers of intact and nonleaking PCB small capacitors dispose of

them as PCB waste.

c. Fluorescent light ballasts

containing PCBs. In the preamble to the

NPRM, the Agency requested comment

on information submitted in a TSCA

section 21 petition (Ref. 16) that some

fluorescent light ballasts manufactured

prior to 1978 have PCBs at

concentrations of 50 ppm or greater in

their potting material. Potting material

is insulating material which fills the

space between the functioning parts of

the ballast and its outer metal covering

(shell). This information was supported

by test data showing that the asphalt

potting material used in fluorescent

light ballasts has been found to contain

PCBs (Refs. 17 and 18). Comments on

the proposed rule confirmed that PCBs

have been found in the potting material

of some fluorescent light ballasts. These

ballasts, therefore, are subject to a

different disposal requirement than a

fluorescent light ballast containing PCBs

only in a PCB small capacitor. Where a

fluorescent light ballast contains PCBs

at 50 ppm or greater, other than in an
35404 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

intact and non-leaking PCB small

capacitor, the PCB small capacitor is no

longer the controlling factor for

disposal. Fluorescent light ballasts

containing PCBs in their potting

material must be disposed of in a TSCAapproved disposal facility, as bulk

product waste under § 761.62, as

household waste under § 761.63 (where

applicable), or in accordance with the

decontamination provisions of § 761.79

(see § 761.60(b)(6)(iii)).

Several commenters stated that the

only way to determine whether

fluorescent light ballasts contained

PCBs at concentrations of 50 ppm or

greater in their potting material would

be to open, and essentially destroy, the

ballast to analyze the potting material.

While this may be true, the Agency is

not requiring the testing of potting

material for those units in use. Owners

or operators will not be required to

remove fluorescent light ballasts prior to

the end of their useful life. However, if

owners or operators of buildings are

thinking of changing the fluorescent

light ballasts, for example, for relamping

the building for energy conservation,

and would like to know the applicable

disposal requirements, the Agency has

two suggestions. First, assume that the

potting material in the fluorescent light

ballasts contains PCBs at 50 ppm or

greater and dispose of them as PCB

waste. Second, conduct a survey of the

manufacturer and type of ballasts in use

in the building and develop a random

sampling plan for each manufacturer

and type of ballast found and analyze

the samples for PCBs. If no PCBs are

found and the PCB small capacitors are

intact and non-leaking, then the ballasts

could be disposed of in a municipal

solid waste landfill or recycled, through

decontamination at § 761.79, for metals

recovery. While there is no regulatory

requirement to test the potting material

for PCBs prior to disposal, TSCA

requires owners or operators with PCBs

to dispose of them properly. Not all

fluorescent light ballasts contain PCBs.

All ballasts manufactured between July

1978 and July 1998 are required to bear

a ‘‘No PCB’’ label indicating that they do

not contain PCBs. According to data

submitted in the TSCA section 21

petition, ballasts manufactured prior to

July 1978 have a better than 50% chance

of containing PCBs at 50 ppm or greater

in their potting material. Finally, State

and/or local governments may have

additional, more stringent, disposal

requirements for PCB small capacitors

or fluorescent light ballasts containing

PCBs and some municipal solid waste

landfills may not accept PCBs no matter

what their form.

EPA has been aware for many years

that fluorescent light ballasts can

contain PCB small capacitors. Under

existing rules, intact and non-leaking

PCB small capacitors may be disposed

of as municipal solid waste (unless the

disposer is a manufacturer of PCB

capacitors or PCB equipment) (see

§ 761.60(b)(2)(ii)). The TSCA section 21

petition alleged that disposal practices

at municipal solid waste landfills can

cause PCB small capacitors to rupture,

creating a risk of ground water

contamination. EPA asked for comment

on this issue, and, in the event that

additional disposal controls were

needed, proposed to limit to 25 per year

the number of fluorescent light ballasts

containing PCB small capacitors that

could be disposed of as municipal solid

waste. EPA received no data confirming

that the risk described in the TSCA

section 21 petition existed. EPA

therefore is not finalizing this

limitation. However, disposers of

fluorescent light ballasts that contain a

PCB small capacitor should be aware

that they could be subject to CERCLA

liability if the municipal solid waste

landfill becomes a Superfund site.

d. Natural gas pipeline systems. For

reasons that are not well-understood,

some natural gas pipeline systems have

become contaminated with PCBs at

regulated levels (i.e., ≥50 ppm PCB).

Contaminated systems have been

operated under compliance agreements

and § 761.60(e) alternate disposal

approvals (Ref. 9). Today’s rule

prescribes the conditions under which

natural gas pipeline systems containing

PCBs are authorized for use and reuse

(see Unit IV.B.3.d. of this preamble and

§ 761.30(i) of the regulatory text), and

requirements under which natural gas

pipeline systems can be abandoned in

place or otherwise disposed of without

posing an unreasonable risk (see

§ 761.60(b)(5)).

Those who hold alternate PCB

disposal permits or approvals issued

under § 761.60(e) may continue to use

those approvals within the confines of

their specific conditions to dispose of

natural gas pipeline and appurtenances.

A company may, however, request in

writing that EPA revoke its alternate

disposal approval to allow the company

to comply with today’s regulatory

requirements in lieu of the conditions

specified in its disposal approval. EPA

continues to reserve its right to modify

the conditions of the alternate disposal

approval when, for example, applicable

regulatory requirements for disposal,

decontamination, or reuse are changed.

Accordingly, EPA does not intend to

grant renewals for existing alternate

disposal approvals in cases where the

final PCB regulations adequately

address protection of human health and

the environment. These approvals have

been issued based on a no unreasonable

risk finding. However, some specific

conditions in approvals are different

from similar general conditions in the

rulemaking. These specific conditions

are based on monitoring data collected

during disposal and other pipeline

maintenance operations conducted

under the approval. This data may not

be applicable to the general population

of natural gas pipeline systems.

Today’s rule generally requires that

all free-flowing liquids be removed from

natural gas pipe abandoned in place or

removed for disposal.

Most of the abandonment and

disposal provisions for natural gas

pipeline systems apply where the

systems contain PCBs at any

concentration ≥50 ppm. There is one

provision for abandonment and one

provision for removal with subsequent

action that apply to PCB-Contaminated

systems (i.e., ≥50 and <500 ppm PCBs).

Any person disposing of a natural gas

pipeline system under either of these

provisions (paragraphs (b)(5)(i)(B) or

(b)(5)(ii)(A)(1)) must characterize it for

PCB contamination by analyzing organic

liquids collected at existing condensate

collection points in the natural gas

pipeline system. The level of PCB

contamination found at a collection

point is assumed to extend to the next

collection point downstream, i.e., the

next existing condensate collection

point unless pipeline maintenance or

other activity results in a closer

sampling location. If no organic liquids

are present, drain free-flowing liquids

and collect standard wipe samples

according to subpart M. Collect

condensate within 72 hours of the final

transmission of natural gas through the

part of the system to be abandoned and

wipe samples after the last transmission

of gas through the pipe or during

removal from the location it was used to

transport natural gas. PCB concentration

of the organic phase of multi-phasic

liquids must be determined in

accordance with § 761.1(b)(4).

Pipeline liquids containing ≥50 ppm

PCBs removed from the system must be

disposed of as PCB remediation waste in

accordance with § 761.61(a)(5)(iv),

based on the PCB concentration present

at the time liquid is removed from the

pipeline. This does not mean that nonpipeline liquids or non-liquids may be

added to the pipeline liquids either

prior to or during removal to result in

dilution of the concentration of the

liquids. Liquids containing <50 ppm

PCBs may be burned for energy recovery

in accordance with the provisions
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35405

pertaining to used oil at § 761.20(e).

Commenters questioned the need to

separate organic and aqueous phases of

condensate for disposal. It is not

complicated or expensive to separate

the organic phase of condensate from

the aqueous phase. Separation is not

needed if all of the multi-phasic liquid

is disposed of as determined by a

concentration of ≥50 ppm in the organic

phase.

i. Abandonment. The final rule

specifies how natural gas pipeline

systems containing ≥50 ppm PCBs may

be abandoned in place when no longer

in use. Requirements differ depending

on the PCB concentration in the system

and the diameter of the pipe. The few

changes made from the NPRM are to

clarify language and expand the options

available.

ii. Removal with subsequent action.

The final rule also specifies the

requirements for natural gas pipeline

systems containing ≥50 ppm PCBs that

are removed for disposal. Depending on

the PCB concentration in the system and

the diameter of the pipe, natural gas

pipe may be disposed of in a municipal

solid waste landfill, a TSCA-approved

incinerator or chemical waste landfill,

as PCB bulk product waste, or may be

decontaminated.

EPA received comments that the

interior of natural gas pipe is covered

with a thin, porous coating to inhibit

corrosion and thus could not be

decontaminated under § 761.79. That

section provides methods for

decontamination of non-porous, but not

porous, surfaces. EPA has amended the

definition of non-porous surface at

§ 761.3 to clarify that this coated natural

gas pipe is considered a non-porous

surface (see § 761.60(b)(5)(ii)).

Commenters asked whether dry pipe

could be smelted in a steel melting

furnace, and whether such smelting

would be regulated as use, reuse or

disposal. As provided in

§ 761.79(b)(3)(ii), non-porous surfaces,

such as natural gas pipe, contaminated

at less than 100 μg/100 cm2, may be

smelted in an industrial furnace

operating in accordance with

§ 761.72(b). Metal smelting of the

residual surface PCBs is PCB disposal

even though the smelted metal may be

used or reused.

iii. Sampling (subpart M). EPA

clarifies that the regulatory status of

natural gas pipe is based on the PCB

concentration in free-flowing

condensate liquids in the pipe. If no

free-flowing liquids exist in the pipe at

the time of sampling, surface sampling

is required.

EPA made several changes to the

sampling protocol in response to

comments. First, although the EPA

Regional Administrator may approve of

smaller sampling surface areas on a

case-by-case basis, EPA believes that

100 cm2 is available for sampling in

most natural gas pipeline situations.

Second, EPA revised the sample site

location procedure to account for the

potential loss of surface residues of

PCBs from the thermal cutting of pipe.

Third, with respect to the sampling

location in a pipe segment that has been

removed for disposal, only one sample

from one end of a pipe segment is now

required rather than a sample at each

end of the pipe segment. EPA does not

expect concentration differences at the

downstream end of a pipe segment and

the upstream end of the adjacent

downstream pipe segment to be

significantly different. Fourth, EPA has

provided two options for selecting the

sampling site among a contiguous set of

pipe segments less than 7 miles long.

For sampling pipe to be abandoned in

place, EPA is requiring sampling at the

ends of the section to be abandoned and

is designating the sampling unit to be

between the pressure side of a

compressor station and the suction side

of the next compressor station

downstream of the gas flow. EPA has

also revised and clarified language on

extrapolating the PCB disposal

regulatory status of an unsampled pipe

segment that is part of a population that

has been sampled for removal, disposal,

or abandonment. In addition, EPA

clarified the regulatory status of pipe

with respect to surface concentrations

measured in the characterization

samples.

EPA derived the sampling protocol

(part 761, subpart M) from its oversight

of natural gas pipe removal by parties to

the 1981 compliance agreement with

EPA. The sampling procedure accounts

for the distribution of condensate

through the pipeline system over time

by the flow of natural gas and for

pipeline system management practices.

e. Dermal protection. EPA proposed,

at §§ 761.60(b)(6)(iii) and 761.79(a)(5),

to require that anyone coming in contact

with surfaces contaminated with PCBs

at levels of 10 to <100 μg PCB/100 cm2

must be protected from dermal exposure

to those surfaces (59 FR 62860). EPA

removed the concentration range

because it intended to prevent dermal

contact, not require measurements. Most

disposal operations managing this waste

would require dermal protection for

handling sharp-edged metal material

whether there were residual PCBs on

the surfaces or not. The final rule at

§§ 761.60(b)(6)(iv) and 761.79(e)(2)

requires workers to wear or use

protective clothing or equipment to

protect against dermal contact or

inhalation of PCBs or materials

containing PCBs.

5. Alternate disposal. Section

761.60(e) allows persons who are

required to incinerate PCBs and PCB

Items and who can demonstrate that an

alternate destruction method that can

achieve a level of performance

equivalent to § 761.70 incinerators

exists, may submit a written request to

the EPA for an exemption from the

incineration requirements of § 761.60 or

§ 761.70. EPA did not intend that the

submission of this application be

optional, as could be construed by the

word ‘‘may’’ in § 761.60(e). EPA,

therefore, proposed to amend

§ 761.60(e) to clarify that written

approval to use an alternate method of

destroying PCBs or PCB Items must be

obtained from EPA prior to using the

method to destroy PCB waste. EPA

received no negative comments on this

proposed wording change and it is

finalized as proposed.

6. Analytical procedures. In the

NPRM, EPA proposed to require that

chemical analysis of PCBs be conducted

using gas chromatography. The proposal

did not require the use of a specific gas

chromatographic procedure since the

selection of an analytical method would

vary according to the material being

tested (see 59 FR 62861). EPA also

solicited comments on whether ASTM

Method D-4059, ‘‘Standard Method for

Analysis of Polychlorinated Biphenyls

in Insulating Liquids by Gas

Chromatography’’ should be listed at

§ 761.60(g)(1)(iii) and (g)(2)(iii) as an

acceptable analytical method (see 59 FR

62826).

Two commenters suggested EPA

identify specific sample preparation and

gas chromatographic analytical

techniques for specific uses and

materials. Although EPA recognizes

variability can exist when different

testing methods and procedures are

used to analyze PCBs, EPA has

determined that the statutory

requirement to consider the costs and

benefits associated with establishing

regulatory requirements argues for

increased flexibility at the expense of

precision. As a result, § 761.60(g)(1)(iii)

and (g)(2)(iii) offer the maximum

flexibility for individuals to use gas

chromatographic procedures that are

available through both EPA published

methods and ASTM testing methods.

However, in the final rule, EPA is

clarifying that the methods other than

those specified in the regulations must

produce results that obtain a level of

performance equal to or better than the

specified methods. If analytical

differences arise, the Agency will use
35406 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

those methods outlined in SW-846, Test

Methods for Evaluating Solid Waste, to

verify analytical determinations.

EPA received one comment that the

applicability of ASTM D-4059 was very

limited and restrictive. Although ASTM

D-4059 may be limited, some

individuals may deal with only a

narrow assortment of dielectric fluids.

Thus, EPA has included ASTM D-4059

as an example of an acceptable method

in § 761.60(g).

7. Research and development for PCB

disposal. EPA has found that properly

conducted research and development

for PCB disposal presents no

unreasonable risk. When approving

these activities under current

§ 761.60(e), EPA generally takes into

account such factors as the quantity of

PCB waste in the study; whether the

capacity for approved PCB disposal

exceeds demand; whether there may be

some specialized wastes for which there

is no currently approved disposal

method; and whether there may be some

locations where there is a sufficient

quantity of waste that existing approved

disposal technologies might be

inadequate or where the economics of

the existing approved technologies

prohibit necessary cleanup. EPA also

takes into account the inability of a

number of research for disposal

approvals to achieve performance

objectives. For these studies, EPA still

requires a written approval, because

larger amounts of waste potentially pose

more obstacles to treatment and

disposal and greater potential for risk

from incomplete or unsuccessful

disposal.

Today’s rule establishes a selfimplementing approval for disposal

research and development studies using

smaller quantities of materials. For these

approvals, the maximum annual amount

that may be treated during R&D for

disposal activities is 500 gallons of

liquid PCB waste or 70 cubic feet of

non-liquid PCB waste. These amounts

should be sufficient to perform most

research at a pilot disposal unit scale.

The PCB material may not exceed

10,000 ppm. Each R&D for PCB disposal

activity under this section may last no

more than 1 year.

One commenter saw the requirement

to provide 30–day advance notification

to EPA, State, and local authorities prior

to the start of a R&D for disposal activity

as an unnecessary burden which would

encumber scientific research and not

provide any benefits. EPA strongly

supports community right to know. EPA

knows of few research projects which

are so essential or time-sensitive that the

30–day notice would cause a severe

hardship. However, EPA will not

require the 30-day advance notification

of disposal, if EPA, State, and local

authorities waive the requirement in

writing.

Some commenters had difficulty

understanding the distinction EPA was

making between PCB R&D activities for

use and for disposal. TSCA itself creates

the distinction. One objective of TSCA

and the PCB regulations is to direct

PCBs out of use and into disposal so

that they can no longer present a risk of

injury to health or the environment.

EPA may authorize the use of PCBs that

pose no unreasonable risk of injury to

health or the environment, but when the

PCBs are no longer in use, they must be

disposed of. For example, PCBs in

storage for disposal may not be reused.

Today’s rule authorizes chemical

analysis and scientific experimentation

using PCBs in a separate category under

§ 761.30(j).

Commenters noted that some

chemical analysis of PCBs under

§ 761.30(j) would result in the

destruction (i.e., disposal) of PCBs, and

that all PCBs in R&D, including R&D for

disposal, could be viewed as in use

until the research and development was

completed. EPA believes that the use of

PCBs in the R&D activities under

§ 761.30(j) poses inherently different

risks from the R&D for disposal

activities under § 761.60(j). For

example, the amounts of PCBs used in

scientific research are small and strictly

accounted for, while amounts used in

disposal research can be much larger

and their ultimate fate depends on the

success of the disposal technology. In

addition, PCBs used in research under

§ 761.30(j) are used in a controlled

environment by trained laboratory staff,

while PCBs used in § 761.60(j) may be

in open environments. Therefore, EPA

has finalized these provisions

essentially as proposed.

Other commenters objected to the 1–

year limit on self-implementing R&D for

disposal. EPA recognizes that some R&D

for PCB disposal activities may last

more than 1–year. The rule allows the

EPA Regional Administrator to grant

extensions to the time limit, and this

process should not result in delays if

timely requests for extension, including

a report on the progress of the R&D for

disposal activities, are provided to EPA.

In the past, when conditions of the

approvals have been met, EPA has

extended in a timely manner

bioremediation and other kinds of

‘‘treatability’’ R&D for disposal

approvals for more than 3 years after an

original 1–year approval.

Based on comments requesting a

clarification, the introductory sentences

from § 761.60(j) of the proposal were

moved to § 761.3 to create a definition

of ‘‘research and development for PCB

disposal.’’

8. PCB remediation waste. The

proposed rule provided for three PCB

remediation waste disposal options: (1)

Self-implementing disposal similar to

the PCB Spill Cleanup Policy, which is

an enforcement policy codified at 40

CFR part 761, subpart G (see

§ 761.61(a)); (2) existing approved

disposal technologies (see § 761.61(b));

and (3) risk-based disposal (see

§ 761.61(c)). EPA has retained each of

these three options. General comments

about the options are discussed first;

more specific comments are discussed

under the heading for each option.

Commenters sought clarification on:

(1) The regulatory status of PCB

remediation waste generated prior to

April 18, 1978; (2) use or disposal of

sewage sludge; (3) management of liquid

PCB remediation waste; (4) management

of radioactive PCB remediation waste;

and (5) the applicability of the PCB Spill

Cleanup Policy (part 761, subpart G).

PCB remediation waste generated prior

to April 18, 1978, is discussed in Unit

IV.E.1. of this preamble, which explains

new § 761.50, Applicability of Storage

and Disposal Provisions. EPA

consolidated the liquid PCB

remediation wastes disposal options in

§ 761.61(a)(5)(iv).

Commenters were concerned that PCB

remediation waste stored at the cleanup

site for more than 30 days prior to

disposal would have to be stored in

accordance with § 761.65(b). EPA has

added § 761.65(c)(9) to allow on-site

storage of bulk PCB remediation waste

in a way which prevents uncaptured

releases in case of a spill and controls

migrations from precipitation and

volatilization. Waste transported off-site

must be packaged according to the

Hazardous Materials Regulations at 49

CFR parts 171 through 180 and stored

for disposal in facilities approved under

§ 761.65(b).

EPA received comments on the

applicability of 40 CFR part 761, subpart

G, the PCB Spill Cleanup Policy. The

only change EPA made to subpart G was

to decrease the minimum reportable

quantity from 10 pounds to 1 pound of

PCBs. EPA continues to emphasize that

subpart G is not a regulation but an

enforcement policy that applies to

releases from authorized uses. EPA

intends that new § 761.61 will address

more spill scenarios than subpart G

does, such as (1) those which occurred

prior to May 4, 1987, and (2) those

which occurred after May 4, 1987,

where notification was not given and/or

where cleanup was not begun in

accordance with the PCB Spill Cleanup
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35407

Policy. Many commenters wanted to

extrapolate subpart G to other cleanup

waste scenarios instead of using

proposed § 761.61. Today’s final rule

does not expand the scope of subpart G,

but EPA factored many of the

assumptions used in subpart G, such as

the time allowed for PCBs to migrate

from a spill, into § 761.61.

The NPRM stated that the selfimplementing option of § 761.61 would

not apply at sites being cleaned up

under CERCLA, RCRA, or any EPA

enforcement action. A number of

commenters suggested that this

provision was too broad because it

would preclude the self-implementing

option even at portions of such facilities

that were not being addressed by other

authorities. One commenter stated that

the reference to other enforcement

actions by EPA was too vague.

EPA did not intend to prevent or

discourage persons from conducting

self-implemented cleanups where

another part of the same facility is being

addressed under an authority such as

CERCLA or RCRA. But EPA also

clarifies that a facility cannot

unilaterally decide to do a selfimplementing cleanup under § 761.61,

and then contend that their decision

precluded any further or different

cleanup under other authorities. As

modified, today’s rule does not prevent

a person from conducting a selfimplementing cleanup at any part of its

property, even if another part of the

facility is also being addressed under

some other authority. For example, a

large site having zones A, B, and C

could have an on-going RCRA corrective

action cleanup at zone A, a CERCLA

section 106 order at zone B, and still

potentially be eligible for a selfimplementing PCB remediation at zone

C. Section 761.61(a)(1)(ii) simply

clarifies that such action by the facility

does not bind other cleanup programs,

such as CERCLA or RCRA, which

remain free to determine which parts of

the facility they will address and how

to do so, using their usual cleanup

criteria. Since sites contaminated with

PCBs often contain other contaminants

such as metals and organic solvents,

each remedial action needs to consider

and address all constituents of concern.

If a person is considering doing a selfimplementing cleanup at a portion of

the facility likely to undergo cleanup

under some other Federal or state

program, the person would be welladvised to coordinate with that program

before proceeding, to avoid having to do

further work after its self-implementing

cleanup was completed. With respect to

PCB remediation waste cleanup, EPA

acknowledges the usefulness of the

documents entitled: Guidance on

Remedial Actions at Superfund Sites

with PCB Contamination, EPA/540/G90/007, August 1990; Technology

Alternatives for the Remediation of PCBContaminated Soil and Sediment, EPA

Engineering Issue, EPA/540/S-93/506,

October 1993; and Best Management

Practices (BMPs) for Soil Treatment

Technologies: Suggested Operational

Guidelines to Prevent Cross-media

Transfer of Contaminants during Cleanup Activities, EPA 530-R-97-007, May

1997. These documents are available

from the RCRA Hotline at 1-800-424-

9346.

Some commenters also stated that

EPA should clarify how this rule would

operate as an ‘‘applicable or relevant

and appropriate requirement’’ (ARAR)

under CERCLA. Cleanup decisions at

CERCLA sites have relied on the 1987

TSCA PCB Spill Cleanup Policy. It must

be noted that because the Spill Cleanup

Policy is not a binding regulation, it is

not an ARAR for Superfund response

actions. However, as policy reflecting

substantial scientific and technical

evaluation, it has been considered as

important guidance in developing

cleanup levels at Superfund sites. EPA

anticipates that today’s rule will be a

potential ARAR at CERCLA sites where

PCBs are present. EPA would expect

that CERCLA cleanups would typically

comply with the substantive

requirements of one of the three options,

provided by § 761.61, upon completion

of the cleanups. This decision would

not be made by the facility, but in the

remedy selection process.

a. Self-implementing option. EPA

reorganized proposed § 761.61(a), and

the reorganized structure is reflected

here.

EPA did not intend self-implementing

PCB remediation waste disposal to

apply to large PCB remediation sites

unless very stringent sampling

requirements are used. EPA intended it

to address moderate sized sites where

only PCBs were present (or the

properties of PCBs drove cleanup

decisions) and where a general no

unreasonable risk remedy would be

acceptable. Generic risk assumptions

and sampling approaches for small areas

of contamination cannot be universally

applied to very large sites. Nor can

sampling schemes for continuously

generated, current waste streams from

well-characterized industrial processes

serve as a scientifically sound starting

point for large areas where the

homogeneity of the waste is unknown.

Sampling must be much more

comprehensive for heterogeneous waste

(or waste of unknown homogeneity)

where little is known about

contamination sources, the periodicity

and exact location of waste generation,

and any PCB migration from the waste

since original deposition. Much greater

knowledge from pre-cleanup

characterization of waste can reduce

verification sampling. Through a riskbased approval at § 761.61(c), the EPA

Regional Administrator can more

actively evaluate measurements taken

concurrently with cleanup (as is done at

Superfund National Priority List (NPL)

sites) as an alternative to a more

stringent self-implementing verification

sampling approach required in

§ 761.61(a). Without the same level of

oversight as in NPL sites, selfimplementing verification sampling

should be comprehensive. To limit

transaction time for site cleanup and

constraints on cleanup, EPA placed the

site sampling emphasis in § 761.61(a)(5)

at the post-cleanup verification period,

rather than under the limited precleanup site characterization in

§ 761.61(a)(2).

i. Applicability. The applicability

section of the NPRM provided that the

self-implementing remediation waste

option was not applicable to areas

having human or animal populations

that might have a higher sensitivity to

the toxic effects of PCBs. This provision

has been deleted in response to

comments it could apply to almost all

sites. New language has been added at

§ 761.61(a)(4)(vi) to enable the EPA

Regional Administrator, based on the

notification required in § 761.61(a)(3), to

require cleanup of the site or a portion

of the site to more stringent cleanup

levels based on proximity to areas such

as residential dwellings, hospitals,

schools, nursing homes, playgrounds,

parks, day care centers, endangered

species habitats, estuaries, wetlands,

national parks, national wildlife refuges,

commercial fisheries, and sports

fisheries.

ii. Site characterization. Today’s rule

requires any person conducting selfimplementing cleanup of PCB

remediation waste to characterize the

site adequately to be able to provide the

information necessary for the Regional

Administrator to review the cleanup

plan. The proposal required detailed

small scale information, such as

numbers of characterization sample

results (proposed Appendix II). Today’s

rule is more flexible, providing subpart

N as a reference point for the assessment

of sampling data, but allowing other

sampling methods that are as effective at

characterizing contamination at the site.

EPA also clarified that non-liquid

sample results shall be reported on a dry

weight basis, as μg/g of sample. Liquid

sample results must be reported on a
35408 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

wet weight basis as μg/g of sample.

Surface sampling results shall be

reported as μg/100 cm2 (see § 761.274 of

the regulatory text). Regardless of the

size of the surface area, divide 100 cm2

by the surface area and multiply this

quotient by the total number of

micrograms of PCBs on the surface to

obtain the equivalent measurement of

micrograms per 100 cm2.

iii. Notification and certification.

Commenters sought to eliminate the

notification requirement, based on

inconvenience and not wanting to

identify the site, rather than risk/

exposure concerns. EPA is continuing

its policy of providing State and local

jurisdictions advanced notice of PCB

disposal. Section 761.61(a)(3) was

redesignated and revised to designate

who in the State and local agencies

would receive the notification.

EPA clarifies that it did not intend the

30–day notification requirement to

prohibit emergency cleanup (see

§ 761.61, introductory text, of the

regulatory text). Emergency cleanup

may occur without notification, but

does not satisfy the requirements of

§ 761.61. Emergency cleanup is

appropriate where there is imminent

danger to health and the environment

without containment and/or treatment.

Emergency cleanup is not appropriate to

prevent additional cleanup costs or

other business expenses resulting from

containment or from waiting 30 days for

the notification process to be completed.

Emergency response personnel should

communicate directly with EPA

regional personnel on proposed

remedial actions. EPA has retained

language allowing less than 30 days

notification if the EPA Regional

Administrator, and State and local

officials who are required to receive the

notification, waive the 30–day

requirement in writing (see

§ 761.61(a)(3)(iii) of the regulatory text).

iv. Cleanup levels. EPA did not

receive comments which justified

changes in the proposed cleanup levels.

However, the final rule retains the

proposed provision at § 761.61(c)

allowing the EPA Regional

Administrator to approve risk-based

cleanup levels, on a case-by-case basis,

different than those required in

§ 761.61(a). The final rule organizes

§ 761.61(a)(4) by the PCB remediation

waste medium: bulk PCB remediation

waste, non-porous surfaces, porous

surfaces, and liquids.

The proposed definitions at § 761.3

for ‘‘high exposure area’’ and ‘‘low

exposure area,’’ have been changed in

two ways: (1) To reflect that EPA is

addressing the occupancy of the area by

individuals not wearing dermal and

respiratory protection as a surrogate for

reasonable worst-case exposure; and (2)

to reflect that EPA evaluates the

exposure risk in the area based on the

combination of the final concentration

of PCBs in the area and the amount of

time of exposure. The term ‘‘high

exposure area’’ is now ‘‘high occupancy

area’’ and ‘‘low exposure area’’ is now

‘‘low occupancy area.’’ Many outdoor

areas will be low occupancy areas;

others, such as school playgrounds and

residential yards, might be high

occupancy areas. Commenters offered

several terms in place of the proposed

‘‘high exposure area’’ and ‘‘low

exposure area.’’ Only one actually

focused on the risk-based foundation of

the self-implementing cleanup: the

exposure of an individual. This

comment suggested that occupancy was

a reasonable worst-case surrogate for

exposure and offered an extensive

description of occupancy scenarios.

EPA used a simpler variation of the

comment as the final definition.

The final rule is structured so that the

risk to occupants not wearing dermal

and respiratory protection of high

occupancy areas and low occupancy

areas is generally the same. For the same

chemical (PCBs) the risk is directly

proportional to exposure. The rule

allows different concentrations of PCBs

to remain in high occupancy areas and

low occupancy areas based on different

occupancy times (see § 761.61(a)(4) of

the regulatory text). For example, the

non-porous surface cleanup level for

high occupancy areas is 10 μg PCB/100

cm2, and for low occupancy areas is 100

μg PCB/100 cm2, an order of magnitude

difference. Therefore, to have the same

risk of exposure, the maximum

occupancy time must be 1⁄10 as long in

a high occupancy area as in a low

occupancy area. For bulk remediation

materials, EPA allows cleanup levels of

1 ppm in high occupancy areas and 25

ppm in low occupancy areas. EPA

believes that the measures taken to

prevent exposure in low occupancy

areas, such as capping, marking and

fencing, provide sufficient additional

protection to normalize the higher

cleanup levels.

EPA’s evaluation of risk assumed

unprotected exposure 24 hours a day, 7

days a week (168 hours per week) for

the high occupancy scenario. Because

the surface cleanup concentrations are

10 times as high in the low occupancy

area as in the high occupancy area, to

have the same exposure in both areas,

the low occupancy unprotected

exposure would have to be 1⁄10 of the

high occupancy exposure period, or less

than 16.8 hours per week. For bulk

materials, the low occupancy exposure

would be 1⁄25 of 168 hours, or less than

6.7 hours per week. The number of

hours in the definitions of ‘‘high

occupancy area’’ and ‘‘low occupancy

area’’ in § 761.3 reflect these weekly

averages times a 50–week exposure per

year assuming a 2–week annual

vacation from the occupancy area, that

is 50 weeks x 16.8 hours/week = 840

hours and 50 weeks x 6.7 hours/week =

335 hours.

EPA has limited the selfimplementing option to these two

scenarios based on the risk-based

concepts implemented as part of the

Spill Cleanup Policy in 40 CFR part 761,

subpart G (Refs. 19 and 20). EPA’s

experience has been that most cleanup

scenarios have been effectively dealt

with by the two-tiered approach in the

Spill Cleanup Policy. In the few

instances where the two-tiered approach

has not readily addressed a particular

cleanup scenario, the EPA Regional

Administrator has exercised flexibility

to allow less stringent or alternative

requirements. (See 40 CFR 761.120(c)).

Similarly, under § 761.61(c), the EPA

Regional Administrator has the

flexibility to grant a risk-based approval

for cleanup of PCB remediation waste to

levels different from those specified

under the defintions of ‘‘high occupancy

area’’ and ‘‘low occupancy area.’’

Revised § 761.61(a)(4) also requires

the owner of an area cleaned up to the

levels of a low occupancy area to clean

the area to the levels of a high

occupancy area where there is a change

in the use of the area such that exposure

to PCBs could reasonably be expected to

increase.

v. Site cleanup. EPA is clarifying in

§ 761.61(a)(5) that PCB disposal

technologies approved under §§ 761.60

and 761.70 are acceptable for on-site

self-implementing PCB remediation

waste disposal within the confines of

the operating conditions of the

respective approvals. For example,

technologies approved under § 761.60 or

§ 761.70 for disposal of PCB liquids may

not be used to dispose of soil.

Technologies approved under § 761.60

or § 761.70 to dispose of PCBs in soil at

concentrations less than 500 ppm may

not be used to dispose of soil containing

greater than 500 ppm PCBs.

The only forms of on-site disposal

technology which do not require an

approval under § 761.60 or § 761.70 and

which are approved for selfimplementing disposal are soil washing

and decontamination in accordance

with § 761.79. Soil washing is extraction

of PCBs from soil using a solvent,

recovering the solvent from the soil,

separating the PCBs from the recovered

solvent for disposal, and then disposal
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35409

or reuse of the solvent in accordance

with § 761.79(d) and (g).

Based on comments received on the

potential emissions of products of

incomplete combustion from in-situ

vitrification and EPA’s experience in

approving this disposal technology, this

technology may not be used for on-site

disposal without an approval from EPA

under § 761.60(e) or § 761.61(c).

EPA assumed that the primary

application of self-implementing

cleanup would be safe and effective onsite treatment and land disposal (e.g.,

PCB concentration reduction, with the

PCBs destroyed on-site, followed by onsite land disposal). EPA did not intend

to prohibit or discourage off-site

disposal, and is retaining the off-site

disposal regulatory options which have

been in place since April 18, 1978 (see

§ 761.61(b) of the regulatory text). EPA

recognizes that some materials will be

sent off-site because of the economics of

on-site treatment of small amounts of

unusual or high concentration waste.

Today’s rule expands the options for offsite disposal; for example, PCB

remediation waste containing less than

50 ppm PCBs may be sent off-site for

disposal in State-approved land

disposal facilities for the management of

municipal solid waste landfills

permitted by EPA under section 3004 of

RCRA, or by a State authorized under

section 3006 of RCRA; or disposal

facilities approved under 40 CFR part

761.

EPA received comments requesting

the option to dispose of PCB/radioactive

waste in a waste management unit

licensed under the Atomic Energy Act.

However, the Agency has concerns that

disposal practices at those facilities,

while appropriate for radioactive waste,

may result in an unreasonable risk to

human health and the environment

from PCBs ≥50 ppm disposed of at such

sites. Therefore, § 761.50(b)(7) provides

that any person disposing of PCB/

radioactive waste must do so taking into

account both its PCB concentration and

its radioactive properties. If, taking into

account only the properties of the PCBs

in the waste (and not the radioactive

properties of the waste), the waste meets

the requirements for disposal in a

facility permitted, licensed, or registered

by a State as a municipal or nonmunicipal non-hazardous waste landfill

(e.g., PCB bulk product waste under

§ 761.62(b)(1)), then the person may

dispose of the PCB/radioactive waste,

without regard to the PCB component of

the waste, on the basis of its radioactive

properties in accordance with all

applicable requirements for the

radioactive component of the waste.

Commenters suggested that sampling

and analysis could pose unnecessary

costs if the waste were to be disposed

of, assuming that it was regulated,

especially since the proposal could be

read as always requiring analysis. EPA

added an option at § 761.50(a)(5) that

non-liquid PCBs can be assumed to be

≥500 ppm and disposed of accordingly,

rather than analyzed.

EPA also eliminated the proposed

requirement to notify disposal facilities

receiving PCB remediation waste which

will be stored in an area subject to a

PCB commercial storage approval and/

or disposed of in an area subject to a

PCB disposal approval. Pre-disposal

notification is still required for all other

storage and disposal facilities (see

§ 761.61(a)(5)(i)(B)(3)(iv) of the

regulatory text). In addition, the subpart

K notification and manifesting

requirements do not apply to off-site

disposal of PCB remediation waste at

<50 ppm.

In response to comments, EPA

clarified the disposal options for liquid

PCB remediation waste, and provided

for the disposal of mixed liquid/nonliquid PCB remediation waste. The

overall objective of PCB remediation

waste disposal is to minimize potential

risks of PCB dispersion into the

environment from disposal. One way to

do so is to remove liquids from mixed

liquid/non-liquid waste. Ways to

minimize such risks from transportation

of waste are on-site PCB remediation

waste disposal, or using packaging in

compliance with DOT Hazardous

Materials Regulations (HMR) at 49 CFR

parts 171 through 180. PCBs not subject

to the HMR (i.e., PCB wastes at less than

20 ppm or less than 1 pound of PCBs

regardless of concentration) must be

packaged in accordance with 49 CFR

173.203 (for liquids) or 49 CFR 173.213

(for non-liquids). Therefore, EPA is

requiring on-site, phase separation of

mixed liquid/non-liquid PCB

remediation waste unless protective

packaging for liquids is used for off-site

shipment.

vi. Cleanup verification. The final rule

clarifies that the scope of subpart O

(proposed Appendix II) includes

verifying that bulk PCB remediation

waste or porous surfaces at a site have

been properly cleaned up in accordance

with § 761.61(a). EPA added options,

including compositing, to the cleanup

verification sampling in subpart O.

Cleanup verification sampling for nonporous surfaces is addressed in subpart

P. These subparts may not be used to

make conclusions or extrapolations

about PCB concentrations outside of the

area which has been cleaned up and

verified based on the results of that

sampling. EPA also added a third

dimension to the verification procedure

to ascertain if the cleanup captured

vertical waste migration. Subpart O

applies only to bulk PCB remediation

waste and porous surfaces left at the

original cleanup location. Non-liquid,

non-metal PCB remediation waste to be

shipped off-site must be sampled in

accordance with subpart R.

EPA did not propose to allow

compositing on the grounds that

compositing can dilute hot spots, but

commenters pointed out that hot spots

should have been eliminated in the

contamination removal process. EPA

agrees, and therefore the final rule

provides for the compositing of samples.

For example, EPA has changed the

minimum number of samples from

three, to one composite of three. For

liquids, no compositing is necessary

because they mix naturally and are

easily homogenized by stirring.

Subpart O provides two sampling

options for large sites. The first option

is designed to address sites having a

single point source, many point sources,

or an unknown number of sources, of

contamination. The second option only

addresses sites having a known single

point source of contamination. Both

options use a square grid structure and

grid interval, which has been enlarged

to correspond to the largest interval

provided in the PCB Spill Cleanup

Policy. Both options specify

compositing of adjacent samples of the

same size, provide the maximum

number of samples which can be

composited, and require that

composited samples be mixed

thoroughly and subsampled before

chemical analysis.

EPA revised the requirement to

reclean an entire site based on a single

sample’s failure to meet cleanup levels.

As revised, when a composite fails to

meet the cleanup requirements, the area

that must be recleaned and reanalyzed

is an area larger by a grid interval than

the area represented by the failing

composite.

Subpart P provides sample site

selection procedures for non-porous

surfaces, as well as procedures for

analyzing the samples and interpreting

the results of the sampling. Subpart P

applies to all non-porous surfaces

destined for disposal, regardless of

whether the disposal will take place onsite or off-site.

EPA also provided in subpart Q a test

for qualifying an alternate extraction

and chemical analysis procedure for

determining PCB concentrations in PCB

remediation waste in initially

characterizing the cleanup site and for

post cleanup verification.
35410 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

vii. Cap requirements. In the NPRM,

EPA used the term ‘‘non-porous’’ to

describe concrete used as a cap over

non-liquid PCB remediation waste left

on-site. At § 761.61(a)(7), EPA has

replaced descriptions of cap materials

with performance criteria, which

essentially paraphrase cap requirements

from § 264.310(a) of the RCRA

regulations. EPA recommends that the

owner of a cleanup site containing a cap

visually inspect the cap monthly in

perpetuity for breaches such as leaks,

cracks, breaks, and faults. EPA

increased the amount of time allowed to

repair a break in a cap to allow

additional time to technically and

physically begin repairs in remote areas.

viii. Deed restrictions for caps, fences,

and low occupancy areas. Commenters

worried about potential risks from a site

which was cleaned to low occupancy

area standards being converted to a high

occupancy area use. In response, at

§ 761.61(a)(8), EPA added deed

restriction requirements from the RCRA

landfill closure regulations, which

includes requirements for converting

the land use which addresses situations

such as the change from a low

occupancy area to a high occupancy

area.

ix. Recordkeeping. EPA finalized

§ 761.61(a)(9) as proposed.

b. Performance-based option. The

NPRM included high-temperature

incinerators, high efficiency boilers,

chemical waste landfills, and alternate

destruction technologies approved by

EPA as performance-based disposal

options for PCB remediation waste.

These options have been retained in the

final rule.

The final rule at § 761.61(b)(3) also

allows material containing <50 ppm

PCBs that has been dredged or

excavated from waters of the United

States to be managed and disposed of in

accordance with a permit that has been

issued under section 404 of the Clean

Water Act or under section 103 of the

Marine Protection, Research, and

Sanctuaries Act (or the equivalent of

such a permit as provided for in

regulations of the U.S. Army Corps of

Engineers (Corps) at 33 CFR part 320 et

seq.). These options are available only

for dredged material containing PCBs

<50 ppm. Dredged material

contaminated with PCBs at ≥50 ppm

must be managed under one of the other

disposal options of § 761.61.

Research has shown that sediments

can be the depository for chemicals and

other pollutants, including PCBs,

discharged into surface waters from

both point and non-point sources.

Contaminants in sediments can harm

aquatic environments and pose a threat

to human health. Studies have shown

that PCB contamination may occur in all

types of water bodies (Ref. 21, Chapter

2.). Dredged material containing PCBs,

such as sediments, settled sediment

fines, and aqueous decantate from

sediment, is included in the definition

of ‘‘PCB remediation waste’’ and is

regulated for disposal under TSCA at

the concentration at which it is found.

The Corps bears important national

responsibilities regarding dredged

material, as a regulatory agency and in

constructing and maintaining the

Federal navigation system. The Corps

dredges approximately 250 million

cubic yards of sediment from navigable

waterways each year to maintain

navigation. The Corps regulates the

excavation and placement of another

approximately 75 million cubic yards of

dredged material by Federal navigation

project beneficiaries. Dredged material

from those navigation projects is placed

in many sites, including ocean waters,

estuaries, beaches, rivers, and uplands,

including sites associated with beach

nourishment and wetlands construction.

In addition, the Corps and its associated

local sponsors are responsible for a large

number of flood control channels,

which must be periodically dredged to

maintain their capacity to hold and

convey flood waters.

Since 1971, EPA and the Corps have

worked jointly to develop

comprehensive testing and management

protocols used to determine suitable

alternatives for management and

disposal of dredged material. Regulatory

programs established under the Marine

Protection, Research, and Sanctuaries

Act and the Clean Water Act require

analysis of alternatives to protect the

environment while ensuring economic

and engineering feasibility. The testing

and management protocols for dredged

material developed by the Corps and

EPA are used to assess and manage

sediments representing the full

spectrum of contamination potential.

Existing Corps/EPA regulatory

authorities and their scientific protocols

were developed specifically for dredged

material regulation and management.

EPA believes that management and

disposal of dredged materials containing

<50 ppm PCBs in accordance with the

Corps/EPA protocols as provided for at

§ 761.61(b)(3) will not present an

unreasonable risk to health or the

environment.

Section 761.61(b)(3) provides a

disposal option specific to dredged

material containing <50 ppm PCBs. As

noted above, dredged material falls

within the definition of PCB

remediation waste, and as such the

other disposal options of § 761.61(a), (b),

and (c) are available for management

and disposal of dredged material

containing PCBs at any concentration,

as long as the applicable requirements

are met.

c. Risk-based option. Section

761.61(c) allows the EPA Regional

Administrator to approve case-by-case,

risk-based cleanup, storage, or disposal

of PCB remediation waste as an

alternative to § 761.61(a) or (b).

Commenters asked EPA to codify a

public comment and/or participation

process. EPA intends to use the public

comment process in use in each

respective EPA Regional PCB program

office.

d. Disposal of PCB sewage sludge.

Land application of sewage sludge

containing <50 ppm PCBs is ‘‘use’’

under TSCA section 6(e), and is

authorized under § 761.20(a)(4). Use of

sewage sludge containing ≥50 ppm

PCBs is prohibited (see Unit IV.B.1.b. of

this preamble). Disposal of sewage

sludge containing less than 50 ppm

PCBs, including application as a landfill

cover, is unregulated under TSCA.

Sewage sludge containing ≥50 ppm

PCBs, defined as ‘‘PCB sewage sludge,’’

must be disposed of pursuant to

§ 761.61. In addition, regulations at 40

CFR part 503 or part 257 may apply to

use and disposal of sewage sludge

containing <50 ppm PCBs, including

sewage sludge that is PCB remediation

waste. As mentioned in the exceptions

for the use of sewage sludge at

§ 761.20(a)(4), PCBs in sewage sludge

regulated for disposal under TSCA may

not be diluted for purposes of avoiding

the PCB disposal regulations.

9. PCB bulk product waste (nonremediation waste). In the NPRM, EPA

identified certain PCBs and PCB Items

coming out of service for disposal as

PCB Non-Remediation Waste (see

§ 761.3 and § 761.62). In today’s rule,

EPA calls this material PCB bulk

product waste, to characterize more

accurately its source and nature. The

final rule clarifies at § 761.62 that the

wastes addressed are ≥50 ppm PCBs

when taken out of service and there are

four disposal options for PCB bulk

product waste (performance-based

disposal, disposal in solid waste

landfills, risk-based disposal and

disposal as daily landfill cover or

roadbed). The final rule at

§ 761.65(c)(10) addresses temporary onsite storage of this waste. Under

§ 761.62(c), EPA may issue alternate

storage approvals for PCB bulk product

waste on a case-by-case basis.

a. Performance-based disposal. In

response to comments seeking

consistency with PCB remediation

waste disposal, EPA added RCRA
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35411

Subtitle C landfills as a disposal option

for PCB bulk product waste because

they are designed and operated in the

same manner as TSCA chemical waste

landfills (see § 761.62(a)(3) of the

regulatory text). EPA also added

alternate disposal pursuant to

§ 761.60(e), decontamination pursuant

to § 761.79, thermal decontamination

pursuant to § 761.79(c)(6), and a

coordinated approval pursuant to

§ 761.77 (see §§ 761.62(a)(4), (a)(5),

(a)(6), and (a)(7) respectively of the

regulatory text).

b. Disposal in solid waste landfills

(leachability-based option). In the

NPRM, EPA presumed that some PCB

bulk product wastes met the leachability

based-standard of <50 parts per billion

(ppb) PCBs (see proposed § 761.62(b)).

Other PCB bulk product wastes could be

tested using the Toxicity Characteristic

Leaching Procedure, Method 1311 in

‘‘Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,’’

EPA Publication SW-846 (the TCLP test)

to determine the leachability of PCBs in

the waste.

In today’s final rule, EPA has not

retained the TCLP as the definitive test

because commenters indicated that it

was not accurate and EPA prefers to set

performance standards without

prescribing test methods. Instead, EPA

has provided two different landfill

disposal options for PCB bulk product

waste. PCB bulk product waste

containing PCBs which are tightly

bound within the matrix of PCB bulk

product wastes and bulk product waste

which leaches <10 μg/L measured using

a procedure used to simulate leachate

generation may be disposed of in

municipal or non-municipal nonhazardous waste landfills

(§ 761.62(b)(1)). PCB bulk product waste

containing PCBs which are not bound in

a solid matrix may be disposed of in

landfills which segregate the wastes

from organic liquids which could

mobilize the PCBs and which collect

leachate generated from the landfill cell

and monitor it for PCBs (see

§ 761.62(b)(2) of the regulatory text).

Disposal of these materials in

accordance with the conditions

specified in § 761.62(b) would not result

in release of toxicologically significant

concentrations of PCBs to the the

ambient environment, including ground

water. Therefore, EPA has determined

that such disposal does not present an

unreasonable risk of injury to health or

the environment (Refs. 22 and 23).

While EPA is still requiring leach

testing for certain materials disposed of

in a municipal or non-municipal nonhazardous waste landfill (see

§ 761.62(b)(1)(iii)), EPA has reduced the

level of PCBs in the aqueous leachate

from 50 to 10 μg/L (approximately 10

ppb). This change is based on comments

that the solubility of two major Aroclor

components, 1254 and 1260, is

generally less than 50 ppb. Thus false

negatives concerning the presence of

leachable PCBs (PCBs not bound up in

the matrix of the waste) would result if

EPA retained 50 ppb as the regulatory

level.

It is not always necessary to

determine the PCB concentration or

leaching characteristics of PCB bulk

product waste. For example, under

§ 761.62(b)(1)(i) certain PCB bulk

product waste may be disposed of in a

facility permitted, licensed, or registered

by a State as a municipal or nonmunicipal non-hazardous waste landfill

regardless of its PCB concentration.

Under § 761.62(b)(4), the disposer

would have to notify the disposal

facility that the waste may contain PCBs

≥50 ppm, but could do so based on

application of a general knowledge of

the waste stream (or similar material) to

report the PCB concentration. If the

disposer could not base the

§ 761.62(b)(4) notice on general

knowledge of the PCB concentration of

the waste, and needed to sample the

waste, however, the disposer would

have to use subpart R or another

sampling method approved under

§ 761.62(c). It would also be necessary

to use subpart R or § 761.62(c) for

purposes of disposal of PCB bulk

product waste in accordance with

§ 761.62(a)(4) in a facility having an

upper limit on PCB concentration which

can be disposed using the approval.

Generators of PCB bulk product waste

must provide prior notification to PCB

waste management facilities not having

commercial PCB storage or disposal

approvals. The notice must state that the

PCB bulk product waste may include

components containing PCBs at ≥50

ppm. There are three options for

determining the concentration of the

waste: analysis of a representative

sample of the waste in the shipment

selected in accordance with subpart R;

application of a general knowledge of

the waste stream (or similar material)

based on prior testing by the disposer or

others; or the presumption that the

unsampled, unanalyzed waste contains

≥500 ppm PCBs (see § 761.50(a)(5)). For

PCB bulk product waste disposed of

under § 761.62(b)(1), the notice must

state that the waste is known or

presumed to leach <10 μg/L PCBs. For

PCB bulk product waste disposed of

under § 761.62(b)(2), the notice must

state that the waste is known or

presumed to leach ≥10 μg/L PCBs.

In addition, § 761.62(b)(4) requires

different notification procedures for

waste disposed of under § 761.62(b)(1)

than for waste disposed of under

§ 761.62(b)(2). For waste disposed of

under § 761.62(b)(1), notice is required

only in advance of the first shipment

from the same disposal waste stream.

For example, a new notice would be

required where a shredding operation

changed its feedstock from automobiles

to plastic-insulated electrical cables or

to white goods (i.e., household

appliances or industrial appliances,

such as refrigerators, ranges, washers,

and water heaters). A disposer of

demolition waste would have to submit

a new notice for demolition waste from

a new demolition project. For example,

where a disposer was delivering waste

from a demolition project in more than

one load, a notice would not be required

for each load from that project. Where

the disposer began delivery of waste

from a different demolition project, a

new notice would be required. For

waste disposed of under § 761.62(b)(2),

notice is required in advance of the first

shipment from the same disposal waste

stream and with each subsequent

shipment.

Also, part 761, subpart K does not

apply to PCB bulk product waste

disposed of under § 761.62(b).

Under current rules at

§ 761.60(b)(2)(ii), intact and non-leaking

PCB small capacitors may be disposed

of as municipal solid waste. Automobile

and appliance shredder fluff may be

disposed of in a municipal or nonmunicipal non-hazardous waste landfill

as PCB bulk product waste only if it

does not contain shredded PCB small

capacitors. If a capacitor is shredded,

the PCBs are no longer enclosed within

the capacitor and must be disposed of

under § 761.62(a) or (c).

c. Risk-based option. Section

761.62(c) sets out the procedure EPA

will use for issuing risk-based storage or

disposal approvals for PCB bulk product

waste. EPA will evaluate each

application for a risk-based approval

and its supporting information to

determine whether the proposed storage

or disposal methods or locations would

pose an unreasonable risk of injury to

health or the environment. To allow

flexibility, the final rule does not

specify the criteria EPA must use in this

evaluation. However, examples of such

criteria could be: (1) The nature and

quantity of the wastes; (2) the proposed

alternate design and operation; (3) the

hydrogeologic setting of the unit,

including attenuative capacity and

thickness of the liners and soils present

between the pile and ground water or

surface water; and (4) any other factors
35412 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

which would influence the quality and

mobility of the leachate produced and

its potential to migrate to ground or

surface water.

d. Disposal as daily landfill cover or

roadbed. EPA received comments on

using automobile shredder waste as a

daily landfill cover or under asphalt as

part of a road bed. EPA considers these

activities as disposal rather than use,

and under § 761.62(d) will allow

shredder waste to be disposed of in a

landfill as the final daily cover, if it

remains in the landfill and is not

released or dispersed by wind or other

action or may be disposed of under

asphalt as part of a road bed. Because

these disposal options have been

restricted to materials that do not leach

and because other potential routes of

exposure have been controlled, EPA has

concluded that the risk from these

disposal options is the practical

equivalent of disposal in a landfill as

required in § 761.62(b)(1), and therefore

that this risk is not unreasonable. Both

of these potential disposal approaches

can also be addressed in a risk-based

disposal application under § 761.62(c).

e. Sampling (subpart O). EPA

redesignated Appendix III as subpart O,

and reorganized it to have three levels

of random sampling: collecting a

representative 19-liter (5 gallon) bucket

of waste from the population, selecting

one quarter of this 19 liters for particle

size reduction, and selecting a

subsample of the reduced particle size

fraction for chemical analysis. Use the

procedures specified in subpart R to

sample non-liquid, non-metal PCB bulk

product waste or non-liquid, non-metal

PCB remediation waste to be disposed

of off-site when it is necessary to

analyze the waste to determine PCB

concentration or leaching characteristics

for storage or disposal. Subpart R

includes procedures for sampling waste

which is continuously generated and

previously generated waste. However,

§ 761.50(a)(5) allows non-liquid PCBs to

be land disposed without regard to

otherwise-applicable sampling

requirements by presuming that the

PCBs disposed of are ≥500 ppm (or ≥100

μg/100 cm2 if no free-flowing liquids are

present).

Some commenters provided specific

sampling plans to address the objectives

in the proposed rulemaking. EPA

incorporated some aspects of these

plans into subpart O. However, these

plans relied on judgement sampling,

which has an inherent bias. To avoid

the bias, EPA has substituted sample

selection procedures which use random

numbers.

10. PCB household wastes. EPA raised

the issue in the ANPR and NPRM, of

whether it should create an exclusion

from the disposal requirements for PCB

household waste. Although some

commenters questioned whether such

an exclusion was needed, most

supported the idea, and suggested that

EPA develop a TSCA exclusion that is

identical to the RCRA household waste

exclusion at 40 CFR part 261.4(b). EPA

agrees that the provision at § 761.63

should be modified to more closely

parallel the RCRA exclusion.

In the NPRM, EPA defined PCB

household waste as:

PCB waste that is composed of unwanted

or discarded household items that contain

PCBs, come from private residences and are

commonly found in private households,

including individually owned or rented units

of a multi-unit construction. Wastes created

during renovation and demolition projects

are not PCB household wastes except for

paint on surfaces. Renovation or demolition

projects include, but are not limited to, the

conversion of industrial property to

residential units or the remodeling of hotels,

motels, or multiple rental units.

Several commenters suggested that EPA

should expand the definition to include

wastes from commercial office

buildings, automobiles, and other

vehicles found in private households

regardless of the source, and renovation

wastes from private homeowners. In

addition, they encouraged EPA to

eliminate distinctions it created

between transient and permanent

settings. Many commenters did not

accept the distinctions that EPA had

drawn between the TSCA and RCRA

exclusions as valid.

EPA has modified the definition for

PCB household waste to read as follows:

PCB waste that is generated by residents on

the premises of a temporary or permanent

residence for individuals (including

individually owned or rented units of a

multi-unit construction), and that is

composed primarily of materials found in

wastes generated by consumers in their

homes. PCB household waste includes

unwanted or discarded non-commercial

vehicles (prior to shredding), household

items, and appliances or appliance parts and

wastes generated on the premises of a

residence for individuals as a result of

routine household maintenance by or on

behalf of the resident. Bulk or commingled

liquid PCB wastes at concentrations of 50

ppm or greater, demolition and renovation

wastes, and industrial or heavy duty

equipment with PCBs are not PCB household

wastes.

Two criteria applicable to the RCRA

household waste exemption must also

be satisfied for the TSCA PCB

household waste exclusion: (1) The

waste must be generated by individuals

on the premises of a temporary or

permanent residence for individuals,

and (2) the waste must be composed

primarily of materials found in the

wastes generated by consumers in their

homes (49 FR 44978, November 13,

1984). As a result, waste from sources

such as commercial office buildings are

not subject to the exclusion. EPA did

not include a comprehensive listing of

the structures that could serve as

temporary or permanent residences in

the TSCA definition. Nonetheless,

residences covered by the RCRA

exclusion at § 261.4(b)(1) (e.g., single

and multiple residences, hotels and

motels, bunkhouses, ranger stations,

crew quarters, campgrounds, picnic

grounds and day-use recreation areas)

are included under the TSCA PCB

household waste exclusion.

EPA has determined that the PCB

household waste exclusion will not

result in an unreasonable risk of injury

to health or the environment. Due to

their age, many of the PCB-containing

items that would be found in consumer

households have been disposed of by

now. As a result, few household items

are likely to contain PCB capacitors

(e.g., certain refrigerators and household

freezers, room and central air

conditioners, heat pumps, furnace

blowers, fluorescent lighting ballasts

and microwave ovens), and the disposal

of those which remain in service will

occur in a random, geographically

dispersed manner. Further, non-liquid

PCBs found in household items will

most likely be bound in a solid matrix.

EPA has taken precautions not to

include in the PCB household waste

definition regulated PCB liquids (i.e.,

≥50 ppm PCB), demolition or renovation

waste, and industrial or heavy duty PCB

equipment. Only those municipal

collection programs and treatment and

storage facilities that can satisfy the PCB

household waste exclusion criteria will

be able to operate under that exclusion.

The ultimate disposal of PCB household

wastes is regulated; that is, these wastes

cannot be abandoned, for instance, on

an empty lot. EPA believes that PCB

household waste managed in

accordance with these requirements will

not result in environmental releases of

PCBs.

Homeowners will commonly utilize

their local hazardous waste collection

programs to dispose of unused paint,

some of which may contain PCBs.

Typically the homeowners bring in

liquids in 1 or 5 gallon buckets which

are consolidated into drums at the

collection point and forwarded to a

waste handling facility where they are

tested before mixing with other similar

wastes. Bulk liquids with a

concentration of less than 50 ppm may

then enter the waste oil/solvent
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35413

recycling stream and be used for fuel

blending purposes. Rather than allow

the waste management facility to treat

bulk liquids containing 50 ppm PCBs or

greater as unregulated wastes, EPA is

requiring that these liquid PCB wastes

be handled as regulated PCB waste (i.e.,

≥50 ppm); therefore, regulated levels of

bulk liquid PCB wastes are explicitly

excluded from the household waste

definition. EPA believes that regulated

bulk or commingled liquid PCBs should

be managed in high efficiency boilers or

incinerators, as appropriate.

Further, EPA is not adopting the

recommendation to include renovation

and demolition wastes within the

exclusion, since these wastes are not

generated by consumers in their homes.

However, wastes generated as the result

of routine household maintenance (as

opposed to renovation, construction or

demolition activities) regardless of

whether the activity is conducted by the

homeowner or a contractor, would be

considered PCB household wastes.

Routine household maintenance would

include, for example, stripping and

repainting residential walls, and small

home maintenance or repair projects

such as removing/replacing PCBcontaining articles from residential

units. This approach is in alignment

with existing policies for the RCRA

household waste exemption. EPA has

indicated that it does not consider

wastes from debris produced during

building construction, renovation, or

demolition in houses, or other

residences to be similar to those

generaged by a consumer in the home

during the course of daily living (49 FR

4478, November 13, 1984). (Refs. 24 and

25). Therefore, the risk considerations

are not the same as for materials falling

within the definition of PCB household

wastes. The disposal of these materials

is regulated under § 761.62.

Commenters from the scrapping

industry wanted EPA to broaden the

scope of the proposed PCB household

waste exclusion to allow the processing

of items traditionally received by that

industry. Instead, elsewhere in this rule

(see § 761.79(b)), EPA recognizes certain

activities traditionally conducted by the

scrapping industry (e.g., chopping,

stripping insulation, and scrapping) as

forms of decontamination and states

that those activities do not require a

TSCA disposal approval. Waste

generated as a result of those processes

generally is regulated as PCB bulk

product wastes and must be disposed of

in accordance with § 761.62.

Another commenter stated that PCB

capacitors in residential furnaces should

be managed as PCB household waste at

the time of disposal. EPA agrees. Other

appliances that may contain PCB small

capacitors include, but are not limited

to, refrigerators and household freezers,

room and central air conditioners, heat

pumps, furnace blowers, fluorescent

lighting ballasts and microwave ovens.

These items, although they contain

PCBs, may be handled as PCB

household waste under the TSCA

exclusion and disposed of through a

municipal hazardous waste collection

program.

EPA also received a request to clarify

its intent regarding entities that

accumulate capacitors for disposal at

TSCA facilities, for instance, utilities

that collect capacitors from households.

As indicated in the preamble discussion

regarding the disposal of PCB small

capacitors, the Agency is not changing

the disposal requirements for intact and

non-leaking PCB small capacitors; e.g.,

individuals other than manufacturers of

PCB capacitors and/or PCB Equipment

may dispose of small capacitors as

municipal solid waste. (Leaking PCB

small capacitors are regulated waste and

are required to be disposed of by a

method approved under TSCA.) EPA

applauds the activities of those entities

who collect and accumulate household

capacitors for disposal in TSCAapproved facilities and encourages those

entities to continue their collection and

disposal efforts.

11. Wastes from R&D activities,

including chemical analysis of PCBs.

EPA proposed disposal requirements for

waste generated during the process of

chemical analysis. In response to

comments, EPA clarifies that § 761.64

addresses laboratory wastes from R&D

activities authorized in § 761.30(j) as

well as the chemical analysis required

in part 761, including §§ 761.30, 761.60,

761.61, 761.62, and 761.79. EPA

believes that these two types of

activities present similarly minimal risk

because of the quantities and

concentrations of the waste and the

controlled environments in which the

activities take place.

Commenters sought to increase the

maximum waste quantities approved for

disposal in a State-approved solid waste

landfill, because larger laboratories

generate more waste than the maximum

allowance and because the small

amounts of waste at issue would be

difficult to track on an annual basis. The

intent of the minimum quantity was to

provide some regulatory relief for

individuals who generate small

quantities of PCB waste, and provide

incentives to minimize PCB laboratory

waste generation. Based on these

comments, EPA has determined that the

cost of recordkeeping to demonstrate

compliance with the annual maximum

amounts is not justified in terms of the

potential increment of additional waste

above those amounts that would be

disposed of each year. Therefore, EPA

has deleted the annual limit of 54 cubic

feet in volume or 1,000 kg in weight

from the final rule. EPA still encourages

all disposers to practice waste

minimization.

12. Restructuring disposal technology

requirements. While many commenters

supported the proposed disposal

technology requirements, they stated

that the proposed rule structure was

confusing. Therefore, in addition to

adding the proposed disposal

technolgies, EPA reorganized subpart D

to make the varius provisions easier to

locate. For example, EPA moved the

technical and performance requirements

for high efficiency boilers, formerly in

§ 761.60(a)(2) and (a)(3), to new

§ 761.71; and moved the requirements

for industrial furnaces, proposed at

§ 761.60(a)(4), to new § 761.72.

Incinerator and chemical waste landfill

technical requirements remain in

§§ 761.70 and § 761.75.

F. Storage for Disposal

1. One-year time limit and extensions.

EPA proposed to allow extension of the

1-year time limit for storage and

disposal where the persons storing the

waste had been unsuccessful in their

continuing attempts to dispose of or

secure disposal for their waste. EPA also

proposed to allow extension of the 1-

year time limit as a condition of a PCB

disposal approval, based on such factors

as lack of disposal capacity, the absence

of a treatment technology, or

insufficient time to complete the

treatment or destruction process.

In today’s rule, criteria for extending

the 1-year time limit for storage and

disposal are being finalized as proposed

with two changes. First, PCB/

radioactive waste removed from service

for disposal is excluded from the 1-year

storage for disposal requirement

provided that continuing attempts to

dispose of the waste are documented

and the waste is managed in accordance

with all applicable Federal, State, and

local laws and regulations. PCB/

radioactive waste that is exempt from

the 1-year storage for disposal time limit

pursuant to § 761.65(a)(1) is also exempt

from the exception reporting

requirements of paragraphs (c), (d), and

(e) of § 761.215 (the provisions

pertaining to the One-year Exception

Report).

In addition, many commenters

objected to initiating disposal decisions

30 days after waste had been placed in

storage for disposal, as proposed in

§ 761.65(a)(2)(iv). EPA did not intend
35414 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

that generators make disposal decisions

within 30 days from the date their waste

was first placed into storage for

disposal. In the past, the Agency has

allowed generators 9 months (270 days)

in which to get their wastes to disposers

and 90 days for disposers to dispose of

the PCB waste as outlined in Office of

Enforcement and Compliance Assurance

TSCA Compliance Program Policy 6-

PCB-6. In this final rule, as a condition

of obtaining a 1-year extension, the

Agency is requiring generators to

demonstrate continuing attempts to

obtain disposal for PCB wastes 270 days

after first placing their waste into

storage for disposal.

2. Facility requirements—a.

Temporary storage of PCB liquid at 500

ppm or greater. Current

§ 761.65(c)(1)(iv) allows temporary

storage, in an area that does not meet

the requirements of § 761.65(b), of PCB

Containers filled with liquid containing

between 50 and 500 ppm PCBs for up

to 30 days from the date the liquids

were removed from use. EPA proposed

to amend that section to allow

temporary storage of PCB containers

filled with liquid containing PCBs at

concentrations of 500 ppm or greater.

Several commenters asked that EPA

extend the temporary storage period

from 30 to 90 days. The Agency

originally proposed to allow temporary

storage of liquids greater than or equal

to 500 ppm PCBs because of generators

consolidating PCBs prior to shipment to

a disposal facility. Since these

consolidating activities were believed to

be of a short duration, EPA did not

propose changes to the 30–day time

limit. EPA continues to believe that a

30–day time limit is appropriate and

therefore did not change it.

EPA is finalizing the 30-day

temporary storage provision for liquid

PCBs at 50 ppm or greater, provided a

Spill Prevention Countermeasure and

Control (SPCC) (40 CFR part 112) plan

is in place and the liquid waste is in

stationary bulk storage tanks (including

rolling stock such as tanker trucks as

specified by the Department of

Transportation (DOT)) or packaging

authorized in the Hazardous Materials

Regulations (49 CFR parts 171 through

180) (see § 761.65(c)(1)).

b. Storage of large PCB capacitors and

PCB-Contaminated equipment on

pallets next to a qualified storage area.

EPA proposed to delete the provision

allowing pallet storage at § 761.65(c)(2).

EPA reasoned that the phaseout date

(October 1, 1988, § 761.30(1)) for most

uses of PCB Large High Voltage

Capacitors had passed, and additional

storage space for this equipment was no

longer needed. EPA also reasoned that

this provision was no longer needed for

PCB-Contaminated Electrical Equipment

because it is typically drained prior to

disposal and the drained hull or carcass

is not subject to § 761.65.

Commenters unanimously disagreed,

indicating that pallet storage is still

widely used. Many proactive companies

in the electrical utility industry and

elsewhere have either reclassified their

PCB Transformers to less than 500 ppm

PCB or have disposed of these units,

leaving the vast majority of their

existing inventory of transformers in the

50 to 499 ppm PCB range or lower.

When these units are taken out of

service for disposal they are stored on

pallets prior to draining. In addition,

many large capacitors removed from

restricted access areas are stored on

pallets prior to disposal. Commenters

also pointed out that eliminating this

provision would create undue hardship

by forcing them to either expand their

existing storage areas or to ship this

waste to another location. Therefore,

EPA is not deleting the pallet storage

provisions from § 761.65(c)(2).

c. Alternate storage of PCBs. EPA

proposed to modify § 761.65(b)(2) to

allow the storage of PCBs and PCB Items

designated for disposal in waste

management units permitted by EPA

under section 3004 of RCRA or by a

State authorized under section 3006 of

RCRA to regulate the management of

hazardous waste in containers. The

proposed rule would also have allowed

the storage in units otherwise regulated

by a State under a TSCA look-alike law

or approved as part of a PCB disposal

approval. EPA reasoned that the RCRA

requirements for permitted container

storage units would provide an equal

level of protection as the TSCA

requirements, and preclude an

unreasonable risk of injury from PCBs.

Both require recordkeeping, waste

tracking, secondary containment,

monitoring for leaks, inspections, and

financial assurance and closure

requirements. The proposal did not

extend to units operating in interim

status under RCRA. The proposal would

also have allowed PCBs, especially large

volume wastes otherwise required to be

stored in compliance with this section,

to be stored under the terms and

conditions specified in a PCB disposal

approval.

Commenters generally favored the

proposal, but some wanted EPA to

adopt other RCRA provisions, such as

storage in facilities with interim status

and the 90-day accumulation period

allowed for generators under 40 CFR

262.34. EPA’s criteria for allowing PCBs

to be stored other than in a facility

approved under § 761.65(d) are that the

permit must cover the management of

PCBs and have a financial assurance

mechanism. EPA is not allowing the

storage of PCB waste in RCRA facilities

operating under interim status because

the interim status permit only applies to

hazardous wastes and not to PCBs.

Therefore, there would be no financial

assurance to cover corrective action

pursuant to 40 CFR 264.101.

EPA is also adding three other

scenarios where PCB waste could be

stored without a formal approval under

§ 761.65(d) or meeting the design

criteria of § 761.65(b). The first two

scenarios are facilities that are granted

risk-based storage approvals under

§ 761.61(c) (PCB remediation waste) or

§ 761.62(c) (PCB bulk product waste). In

both cases, the application for the

storage approval must include

information, based on technical,

environmental, and other

considerations, that the proposed

storage method will not pose an

unreasonable risk to human health or

the environment. The third scenario is

where a facility has a TSCA PCB

Coordinated Approval, which includes

provisions for storage, issued pursuant

to § 761.77.

Any PCB waste spilled while stored at

a RCRA facility must be cleaned up in

accordance with the PCB Spill Cleanup

Policy (40 CFR part 761, subpart G).

d. Revision to storage unit criteria.

EPA amended § 761.65(b)(1)(iv) for

consistency with the new definition of

‘‘porous surface’’ at § 761.3 which

includes concrete and cement. The

existing rule, which refers to Portland

cement and concrete as ‘‘impervious,’’

would have been inconsistent with the

definition of ‘‘porous surface.’’ These

references are not being deleted,

however, because this would cause all

existing storage units that have used

Portland cement or concrete to be out of

compliance. Section 761.65(b)(1)(iv), as

amended, requires a storage facility to

have ‘‘floors and curbing constructed of

Portland cement, concrete, or a

continuous, smooth, non-porous surface

as defined at § 761.3 of this part, which

prevents or minimizes penetration of

PCBs.’’ EPA recommends, however, that

nonporous surfaces be used for curbing

and flooring for storage units since

cleanup of non-porous surfaces is easier

and less costly. EPA also recommends

that porous surfaces be rendered nonporous by coating them with an epoxy

sealant.

3. DOT containers for storage of PCB

waste. EPA is adopting DOT container

requirements for PCB storage,

transportation, and disposal (see

§§ 761.60(b)(2)(vi) and 761.65(c)(6)), by

eliminating citations to specific
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35415

container type and cross-referencing the

new performance-based DOT Hazardous

Material Regulations (HMR) container

requirements (see 49 CFR parts 171

through 180).

While this change will simplify

regulatory compliance, individuals must

keep in mind that EPA regulates storage

of PCB waste in non-transportation

situations, and additional marking

requirements at § 761.40 are still in

effect. In addition, because of the antidilution provision at § 761.1(b)(5), EPA

may regulate PCB waste at a much lower

concentration than DOT. Therefore, EPA

may require some PCB waste not subject

to the DOT regulations (i.e., less than 20

ppm or <1 pound of PCBs regardless of

concentration) to be packaged in

accordance with the DOT HMR (e.g., 49

CFR 173.203 (for liquids) or 173.213 (for

non-liquids)), that is, in DOT authorized

containers.

PCBs are listed in Packing Group II of

the Hazardous Materials table at 49 CFR

172.101. However, under the HMR,

PCBs that are transported by highway or

rail need only be packaged pursuant to

Packing Group III. PCB/radioactive

waste, PCB/mixed waste, and PCB/

hazardous waste not packaged in

accordance with the HMR are not

allowed to be transported. Additionally,

the HMR as amended on December 21,

1990 (55 FR 52402) prohibits the

construction of DOT specification

packaging previously designated for

PCB waste storage (i.e., DOT

Specification 5, 5B, 6D, 17C, 17E, and

17H containers) effective October 1,

1994. Further, transportation of PCBs in

these outdated DOT specification

containers is not authorized beyond

September 30, 1996, unless they were

filled prior to, and not emptied and

refilled after, October 1, 1996 (see 49

CFR 171.14(a)(2)).

Several commenters argued that EPA

should continue to allow the use of

these old DOT specification containers

for storing PCBs in situations not subject

to DOT regulations. Some companies

have invested in inventories of these old

specification containers that would be

expensive to replace. The Department of

Energy noted that it has large quantities

of non-fissionable PCB/radioactive

waste in storage that would have to be

repackaged. EPA relied for many years

on the stringent standards in the old

DOT specifications, and believes the

continued use of containers meeting

these specifications for non-DOT

applications will not pose an

unreasonable risk to health or the

environment. Therefore, EPA is

allowing such use to continue at

§ 761.65(c)(6)(ii).

EPA received comments that it should

continue to list at § 761.65(c) all

containers authorized by DOT. EPA

believes such an approach would defeat

EPA’s objectives of providing flexibility

to industry and minimizing the resource

burden associated with updating the

PCB regulations each time DOT

modifies its requirements. Most

commenters supported EPA’s proposal

to cross-reference DOT regulations

instead.

The final rule also amends

§ 761.60(b)(2)(vi) to conform to the new

DOT container requirements. A

commenter misunderstood the effect of

the change to this section and expressed

concern that EPA is making a new

allowance for PCB Capacitor disposal at

§ 761.60(b)(2)(vi). This is not the case.

Section § 761.60(b)(2)(vi) is an existing

provision which is being modified only

with respect to container specifications.

Readers of today’s final rule should

keep in mind that the PCB Capacitors

described in § 761.60(b)(2)(vi) of the

regulatory text may not be disposed of

in a chemical waste landfill unless the

Assistant Administrator for Prevention,

Pesticides and Toxic Substances first

authorizes their disposal pursuant to

existing § 761.60(b)(2)(v).

4. PCB/radioactive waste. The

proposed rule defined ‘‘PCB/fissionable

radioactive waste or PCB/radioactive

waste’’ as ‘‘PCBs regulated for disposal

under subpart D of part 761 that also

contain fissionable radioactive material

or radioactive material subject to

regulation under the Atomic Energy Act

of 1954 as amended.’’ At the suggestion

of comments, EPA is clarifying the

definition by deleting the reference to

‘‘PCB/fissionable radioactive waste,’’

maintaining the term ‘‘PCB/radioactive

waste,’’ and including PCBs regulated

for disposal that also contain source,

special nuclear, or byproduct material

that is subject to the Atomic Energy Act

of 1954 as amended, or naturally

occurring or accelerator produced

radioactive material.

The Agency also proposed to allow

PCB/radioactive waste to be stored for

longer than 1 year if the storer requested

and received an extension. Several

commenters indicated that since there is

inadequate disposal capacity for PCB/

radioactive waste, EPA should not

require generators of such waste to

undertake the process of requesting and

obtaining 1 year extensions. The Agency

agrees and, in addition, has exempted

PCB/radioactive waste from the 1 year

storage for disposal and exception

reporting requirements (see § 761.65(a)).

EPA proposed to allow PCB/

radioactive waste to be stored in

containers other than those meeting the

DOT performance standards and to not

require a minimum 6-inch high curbing

for PCB/radioactive waste. EPA received

no comments on these proposals and

they are finalized as proposed (see

§ 761.65(c)(6)(i) and § 761.65(b)(1)(ii)).

5. Changes in ownership or

operational control. See Unit IV.M.6. of

this preamble.

6. Dating and inspection of PCB

Article Containers. PCB Articles and

PCB Containers must be checked

periodically for leaks (see

§ 761.65(c)(5)), and dated when they are

placed into storage (see § 761.65(c)(8)).

PCB Article Containers, however, were

not included in § 761.65(c)(5) and (c)(8),

creating a loophole that allows a storage

unit owner to omit dating and

inspecting these containers and to

circumvent the 1-year storage and

disposal time limit. EPA proposed in

the NPRM to correct this oversight by

replacing the phrase ‘‘PCB Articles and

PCB Containers’’ with ‘‘PCB Items’’

wherever it occurs in § 761.65(c)(5) and

(c)(8). The definition of ‘‘PCB Item’’ at

§ 761.3 includes PCB Article, PCB

Article Container, PCB Container, PCB

Equipment and anything else that

contains PCBs. No significant comments

were received on this proposal, and EPA

is finalizing the modification as

proposed.

G. TSCA PCB Coordinated Approvals

In both the ANPR, and the NPRM,

EPA solicited comments regarding a

provision which would allow it to

recognize certain other Federal or State

waste management documents

governing the storage, cleanup,

treatment and disposal of PCB wastes.

The reasons for developing such a

provision were to eliminate duplicative

approval processes (i.e., modifying the

requirement to issue a TSCA PCB

approval), to foster communications and

coordination among Federal and State

environmental officials, and to ensure a

more efficient use of limited resources.

Permits or approvals from other state or

Federal programs often are required for

the storage or disposal of the PCB waste.

For example, placement of dredged

material in upland environments is a

disposal option at many navigation

projects, for environmental and

economic reasons. The U.S. Army Corps

of Engineers evaluates placement of

dredged material in upland facilities,

including evaluation of the potential

contaminant pathways from the dredged

material placement operation. These

placement operations are subject to the

permit requirements of section 10 of the

Rivers and Harbors Act of 1899, taking

into account EPA’s Clean Water Act

section 404(b)(1) Guidelines and the
35416 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

National Environmental Policy Act (Ref.

26).

Where the dredged material also

contained regulated PCBs, its

management and disposal would be

subject to TSCA. Management and

disposal of dredged material containing

<50 ppm PCBs, based on a permit or

authorization issued by the U.S. Army

Corps of Engineers under section 404 of

the Clean Water Act or section 103 of

the Marine Protection, Research, and

Sanctuaries Act, is an authorized

disposal option under § 761.61(b)(3).

Except in accordance with the selfimplementing provisions of § 761.61(a),

management and disposal of dredged

material with a higher PCB

concentration, or material disposed of in

an upland facility with no return flow

to waters of the United States, would be

subject to TSCA approval requirements.

The disposer could avoid the

requirement to get a separate TSCA

approval if a coordinated approval were

granted based on a permit issued under

the Clean Water Act, Marine Protection,

Research and Sanctuaries Act, Rivers

and Harbors Act, or other applicable

authority.

Under existing requirements, a TSCA

PCB approval is required generally for

the commercial storage and disposal of

PCB wastes at 50 ppm or greater. There

are, however, limited scenarios where a

TSCA PCB approval is not applicable,

such as the on-site cleanup and disposal

of PCBs under the CERCLA Superfund

program.

Some commenters supported the

coordinated approval provision, because

‘‘better coordination with existing State

authorities should be encouraged’’ and

‘‘greater flexibility will be provided to

generators for the disposal of PCBs,’’ but

they also identified concerns. Of those

in favor, most preferred the selfimplementing approach over the

interactive procedures, believing that a

detailed TSCA review of permitted

RCRA or State PCB program activities is

not necessary. EPA has retained the

interactive approach to ensure that a

review under the TSCA authority is

accomplished prior to, rather than after,

the initiation of the proposed PCB

disposal activity. A prior review was not

included in the self-implementing

approach, which would have allowed

individuals to commence their PCB

disposal activities immediately after

completing three steps: obtaining an

EPA identification number (or

confirming an existing number),

notifying the EPA Regional

Administrator of their preference to use

another waste management document,

and receiving written confirmation from

the EPA Regional Administrator that the

notice had been received. Although a

detailed review may not be necessary,

the Agency believes the success of the

coordinated approval process lies in

appropriate coordination and

consultation with the other waste

management authority to ensure few

opportunities exist for the

mismanagement of PCB wastes.

Therefore, EPA chose the interactive

approach because the Agency believes

that the costs of the additional

administrative requirements are

outweighed by the increased level of

environmental protection possible

under this approach.

One commenter cautioned EPA about

losing its ability to exercise national

oversight over the PCB program if

hybrid State permits replace TSCA

permitting requirements. A slightly

different point of view was expressed by

one commenter who suggested that

Federal oversight should be kept to a

minimum if States choose to address

PCB wastes using State authorities.

Other commenters opposed the proposal

as unnecessary and resulting in: (1)

Differential treatment of facilities

currently holding TSCA approvals (i.e.,

not all facilities would be held to the

same standards); (2) confusion regarding

TSCA and RCRA labeling and storage

requirements placing generators, storers,

and disposers in ‘‘double jeopardy’’; and

(3) State programs which may be more

stringent or overly protective.

EPA recognizes that the coordinated

approval may not be a perfect solution

to the problem of duplicative permitting

requirements. To take advantage of the

coordinated approval, a facility could

rely on a valid waste management

permit/approval issued under a Federal

law that is administered in whole or in

part by the Administrator. Although the

standards under these different

authorities may vary, they do serve to

eliminate or reduce the risks to health

or the environment from exposure to

PCBs. The process is voluntary;

individuals are not required to obtain a

TSCA PCB Coordinated Approval. The

coordinated approval provision may

also be appropriate for PCB waste

management documents which have

been issued pursuant to regulations that

have been promulgated by a State for

the disposal of PCBs. Implementation of

the coordinated approval process using

the interactive approach will ensure the

other waste management permit/

approval is consistent with the basic

principles of the TSCA PCB disposal

program.

In regard to the point that States may

be more stringent or overly protective,

commenters suggested that EPA should

preempt State and local standards for

PCBs. As stated in the NPRM preamble,

TSCA does not allow the Administrator

to preempt State disposal rules which

describe the manner or method of

disposal of a chemical substance or

mixture, or in this instance, the disposal

of PCBs (59 FR 62832).

Although several commenters

recognized that the option to regulate

the disposal of PCBs at the State level

currently exists under either a TSCA

look-alike program or an expanded

RCRA hazardous waste program, no

unanimity existed on which approach

was preferred. Some commenters felt

the TSCA PCB Coordinated Approval

was the equivalent of a Federal

mandate. Commenters were not in favor

of State PCB programs because of the

potential inconsistency in standards and

regulatory requirements which could

complicate compliance, create

confusion, result in higher costs and

excessive burden to the regulated

community and unnecessarily impede

interstate commerce.

Section 761.77 is not a Federal

mandate. EPA is not requiring any State

to develop a TSCA look-alike program

or to expand its RCRA hazardous waste

program to include PCBs. However, any

State may pursue either option,

provided, for TSCA look-alike programs,

that the requirements are at least as

stringent in the protection of health and

the environment as the applicable TSCA

requirements, and under expanded

hazardous waste programs or any State

program that has been approved by

EPA, the risks of injury to health or the

environment from PCBs are eliminated

or reduced by actions taken under those

authorities. The TSCA PCB Program is

not delegable, and EPA is not delegating

responsibility for implementing TSCA

section 6(e) to the States. The TSCA

PCB Coordinated Approval provides a

mechanism for Federal and State

environmental officials to better

coordinate PCB activities, maximize

diminishing resources, incorporate

flexibility and reduce oversight of States

which demonstrate the ability to

monitor PCB activities.

EPA has retained the coordinated

approval provision, but has modified it

in light of comments. One commenter

suggested EPA include a definition for

TSCA PCB Coordinated Approval. EPA

agrees and has added the definition in

§ 761.3.

A number of comments questioned

the applicability of a TSCA PCB

Coordinated Approval at CERCLA

remediation sites. Proposed § 761.77(g),

which addressed on-site remediation

activities conducted under CERCLA, has

been deleted. EPA did not intend to

suggest that a TSCA approval would be
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35417

required for CERCLA on-site

remediation and disposal activities.

EPA also clarifies that revocation of a

TSCA PCB Coordinated Approval will

be based solely on those PCB activities

covered by the non-TSCA approval that

serve as the technical or legal basis for

the coordinated approval, i.e., are

related to the management of PCBs. For

example, a determination to issue a

notice of deficiency or to revoke the

TSCA PCB Coordinated Approval may

be based on, but is not necessarily

limited to: (1) Non-compliance with

§ 761.77(b) and (c); (2) operation of the

approved PCB waste management

process in a manner which may result

in an unreasonable risk of injury to

health or the environment; (3) failure to

comply with, expiration of, or

revocation of the non-TSCA approval or

of the program under which the nonTSCA approval was issued; and (4) for

CERCLA off-site actions, lack of

completion of requirements conducted

pursuant to CERCLA decision and

enforcement documents issued by EPA

that apply to off-site PCB waste

management activities, or failure of the

owner, operator or responsible party to

comply with conditions of the decision

and enforcement documents that apply

to PCB waste management activities.

EPA also clarifies that before it revokes

a TSCA PCB Coordinated Approval, it

will, as a matter of policy, consult with

the authority that issued the underlying

non-TSCA approval. EPA is not

required, however, to seek or obtain the

agreement or concurrence of the issuing

authority prior to revoking a TSCA PCB

Coordinated Approval.

Finally, permits issued by regulations

found in title 40 of the CFR, such as

those authorized under RCRA at

§ 270.60, may be covered under the

coordinated approval provision.

H. Decontamination

In today’s rule, EPA is finalizing the

decontamination regulations as

proposed in § 761.79 with modifications

resulting from public comments and

EPA’s scientific studies. The Agency

clarifies that: (1) Decontamination

standards and procedures can be used

for disposal and decontaminated

materials can be distributed in

commerce, used or reused; (2) specified

decontamination activities no longer

need a PCB disposal approval; (3)

materials meeting the applicable

decontamination standards or

procedures are unregulated for disposal

under subpart D of part 761; and (4)

most wastes and residues from

decontamination activities can be

managed based on their existing PCB

concentration. EPA clarifies that when

contaminated PCB materials are sent offsite for decontamination, they must be

manifested to a commercial PCB storer

or disposer.

In the NPRM (59 FR 62800), EPA

proposed for non-porous surfaces the

decontamination standard in EPA’s

Spill Clean-up Policy (i.e., less than or

equal to 10 micrograms PCB per 100

centimeters squared), and two nonaggressive decontamination procedures

using kerosene as an alternative to

decontamination followed by

confirmatory sampling. The Agency also

proposed to waive TSCA disposal

approval requirements for a number of

specified decontamination activities

while requiring measures to be taken to

prevent releases of PCBs to the

environment and to protect workers

against dermal contact or inhalation.

The Agency solicited comment on

including distillation as a

decontamination activity. After using an

EPA specified decontamination

procedure, the decontaminated surface

would not be regulated for disposal and

could be reused except in association

with food, feed, or drinking water in

accordance with proposed

§ 761.20(c)(5). The Agency also clarified

that disposal of materials used in

decontamination, such as abrasives,

solvents, and equipment is regulated.

EPA further proposed that certain

solvents could be disposed of in

industrial boilers. Finally, the Agency

proposed a decontamination level for

water consistent with EPA’s drinking

water standard to ensure that the reuse

of decontaminated water is safe.

The final decontamination regulations

at § 761.79 establish measurement-based

decontamination standards for removing

PCBs from water, organic liquids, nonporous surfaces, concrete, and nonporous surfaces in contact with nonliquid PCBs (including non-porous

surfaces covered with a porous surface,

such as paint or coating on metal). EPA

is finalizing the self-implementing

decontamination procedures for nonporous surfaces in contact with mineral

oil dielectric fluid (MODEF) and

providing a mechanism for allowing

other performance-based procedures

and solvents to be used in

decontamination of materials

contaminated with MODEF or other

PCB liquids. The final rule clarifies that

thermal processes as specified in

§ 761.72 may be used to decontaminate

metal surfaces. Additionally, EPA

moved the decontamination of air

compressor systems, formerly in

§ 761.60(b)(5), to the performance-based

provisions of § 761.79.

EPA has maintained the general

provisions from the proposal requiring

persons conducting decontamination

activities to protect against direct

releases of PCBs to the environment and

to protect workers from dermal contact

or inhalation of PCBs or materials

containing PCBs. Although many

commenters felt that these requirements

were duplicative of OSHA standards,

EPA believes that they are necessary.

First, OSHA standards do not apply to

all settings where decontamination

activities may occur. Second, because

EPA is no longer requiring PCB disposal

approvals for specified decontamination

activities, these general safety standards

will ensure there is no unreasonable risk

of injury to health or the environment

from decontamination activities.

The decontamination procedures in

§ 761.79 do not apply to all wastes. For

example, they do not apply to intact

electrical equipment such as

transformers, voltage regulators,

capacitors, and rectifiers. The surface

areas in this kind of equipment are very

large and may have numerous

laminations with a high contact, low

volume space limiting the solvent

contact necessary for complete

decontamination. In addition, electrical

equipment may contain porous

components such as wood. Since most

porous materials cannot be adequately

decontaminated, the decontamination

procedures generally do not apply to

porous surfaces (except for non-porous

surfaces covered with a porous surface,

such as paint or coating on metal, which

can be decontaminated by removing the

paint or coating, leaving only a nonporous surface meeting the standards in

§ 761.79(b)(3)). Finally, today’s

decontamination procedures are not

appropriate for or applicable to wastes

such as soil, debris, and sediments.

Commenters suggested a number of

specific decontamination methods.

Some also wanted a mechanism for EPA

to approve additional methods in the

future. EPA has added the distillation of

PCBs from contaminated solvents, oil/

water separation, and scarification of

surfaces to the decontamination

procedures under § 761.79 which do not

need a PCB disposal approval. The

Agency agrees with comments that

potential air release concerns associated

with distillation will be adequately

addressed by the Clean Air Act and

RCRA. The decontamination methods

no longer requiring a PCB disposal

approval now are: chopping (including

wire chopping), distilling, filtering, oil/

water separation, spraying, soaking,

wiping, stripping of insulation,

scraping, scarification, the use of

abrasives or solvents to remove or

separate PCBs from contaminated nonporous surfaces or liquids, or thermal
35418 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

processes in accordance with § 761.72.

Some specific methods mentioned in

the comments, such as physical

abrasion, surfactant cleaning, and

hydroblasting fit these general

decontamination categories. EPA did

not include some methods suggested by

commenters because the efficacy of the

suggested method was not

demonstrated, or because EPA did not

believe there was a way to easily

contain a release of PCBs to the

environment. The decontamination

procedures listed in § 761.79 will not

pose an unreasonable risk because the

procedures that create the potential for

release of PCBs would do so in airborne

dust, which can be controlled through

standard industrial practices. Section

761.79(e) also requires persons

conducting decontamination activities

to protect against release of PCBs to the

environment and requires workers to

wear equipment to protect against

dermal or inhalation contact from PCBs.

Persons wishing to conduct

decontamination methods not covered

by § 761.79 must obtain a PCB disposal

approval.

EPA is allowing contaminated water

to be decontaminated to different

concentration levels specified in

§ 761.79(b)(1) depending on its

subsequent use, reuse, or disposal. EPA

has finalized the proposed

decontamination standard for water of

≤0.5 micrograms PCBs per liter. Under

§ 761.30(u)(3), water meeting this

decontamination standard may be

reused without restriction. Many

commenters requested a higher standard

where water would not be used for

drinking water, food or feed, such as

when the water would be subject to the

Clean Water Act standards for direct or

indirect discharges or used as noncontact cooling water in an industrial

setting. EPA has responded to these

comments by including in § 761.30(u)(4)

a provision allowing water containing

less than 200 micrograms per liter

(approximately 200 ppb), the maximum

water solubility of common Aroclor

formulations of PCBs, to be used in

industrial processes where there is no

release from the process (e.g., as a noncontact cooling water). In addition, EPA

has specified in §§ 761.50(a)(3) and

761.79(b)(1)(ii) that water containing

PCBs may be discharged to a treatment

works (as defined in regulations at 40

CFR 503.9(aa) implementing the Clean

Water Act) or to navigable waters if the

PCB concentration is less than 3 μg/L

(approximately 3 ppb), or in accordance

with a PCB discharge limit included in

a permit issued under section 307(b) or

402 of the Clean Water Act. The

processes for regulating discharges

under the Clean Water Act are adequate

to protect against an unreasonable risk

from exposure to PCBs. Where PCBs are

not specifically subject to a discharge

limit, the final rule incorporates the 3

μg/L level historically used to regulate

discharges of PCBs, both in specific PCB

disposal approvals under part 761 and

in regulations governing industrial

processes that recycle PCBContaminated raw materials.

The final rule establishes a

decontamination standard for organic

liquids and non-aqueous inorganic

liquids containing PCBs of less than 2

milligrams per kilogram (i.e., <2 ppm

PCBs). EPA revised the proposed

organic liquids standard from less than

2 milligrams per liter to less than 2

milligrams per kilogram by weight to be

more consistent with PCB concentration

measurements required in § 761.1(b)(2).

The final rule includes

decontamination standards for nonporous surfaces (See § 761.79(b)(3)). The

decontamination standard for nonporous surfaces in contact with liquid

PCBs at concentrations ≥500 ppm for

unrestricted use is ≤10 μg/100 cm2 and

for smelting in an industrial furnace

operating in accordance with § 761.72(b)

is <100 μg PCB/100 cm2. Surface PCB

concentrations are measured using a

standard wipe test as defined at

§ 761.123. In response to comments,

EPA added two decontamination

standards for non-porous surfaces in

contact with non-liquid PCBs, such as

painted or coated metal, after removal of

the coating. These surfaces may be

decontaminated for unrestricted use in

accordance with National Association of

Corrosion Engineers (NACE) Visual

Standard No. 2, Near-White Blast

Cleaned Surface Finish, and

decontaminated for smelting in an

industrial furnace (operating in

accordance with § 761.72(b)) using

NACE Visual Standard No. 3,

Commercial Blast Cleaned Surface

Finish, and verified by visual inspection

of all cleaned areas (Refs. 27 and 28).

Under § 761.79(c)(2), the Agency is

allowing movable equipment and tools

to be decontaminated by swabbing, a

double rinse/wash as specified in

§ 761.123, or another applicable

decontamination standard or procedure

in § 761.79.

Several commenters sought other

provisions available through EPA’s Spill

Clean-up Policy for cleaning up recent

PCB spills, particularly for concrete and

other porous surfaces. EPA has added a

decontamination standard of ≤10 μg/100

cm2 for concrete that has been

contaminated within 72 hours. EPA has

not established decontamination levels

for other porous materials such as wood,

or for older spills on concrete, because

of the likelihood that the materials have

absorbed PCBs which cannot be

adequately removed. These materials

may be used, subject to the use

authorization at new § 761.30(p), or

disposed of in accordance with 40 CFR

part 761, subpart D.

EPA has also finalized the selfimplementing decontamination

procedures for non-porous surfaces

contaminated with MODEF with some

modifications (see § 761.79(c)) (Ref. 29).

Many commenters wanted to use

additional decontamination solvents.

EPA has included other organic solvents

having similar properties to kerosene in

performance-based decontamination

options. EPA conducted scientific

studies to evaluate decontamination of

impervious surfaces with aqueous-based

solvents (Ref. 30).

Based on EPA’s limited performancebased validation testing, EPA is

providing a self-implementing

procedure under § 761.79(d)(4) to

qualify additional decontamination

fluids for decontaminating non-porous

surfaces contaminated with MODEF or

other PCB liquids (see subpart T). EPA

tested several solvents for use in

accordance with performance-based

decontamination under § 761.79(c)(3)

and (c)(4). EPA did not intend its testing

to be limiting, but did not test all

potential solvents under all potential

conditions. EPA only used MODEF as a

surface spiking solution for convenience

and because it was expected to be one

of the most common sources of PCB

contamination on surfaces. Testing

results indicated that other solvents and

other conditions could be acceptable for

decontaminating surfaces that are

contaminated with PCBs.

The final rule also includes a selfimplementing procedure for

decontamination of metal surfaces using

thermal processes in accordance with

§ 761.72, depending on the PCB

concentration (see § 761.79(c)(6)). Some

surfaces decontaminated using these

procedures may then be unregulated for

disposal or use.

EPA is not finalizing all of the

performance-based decontamination

procedures for air compressor systems

(proposed at § 761.30(i)(3)(i)).

Commenters generally stated that the

self-implementing procedures for

cleaning air receivers and other

pressurized large volume tanks by

rotation were impracticable, and these

provisions are not included in the final

rule. Several types of spray equipment

for cleaning large volume tanks are on

the market, but the potential operating

conditions are too varied to allow EPA
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35419

to establish uniform, self-implementing

protocols. Spraying is, however, an

authorized decontamination method

under § 761.79(b), as long as the

decontamination levels specified in that

section are met and confirmed by

sampling. In addition, the final rule

includes a provision at § 761.79(h)

allowing the EPA Regional

Administrator to approve

decontamination or sampling methods

not specifically described elsewhere in

§ 761.79 based on a finding of no

unreasonable risk.

The final rule does include selfimplementing decontamination

procedures for piping and air lines of air

compressor systems. Commenters raised

concerns about the use of kerosene and

other prescribed conditions for this

equipment. In response, EPA is allowing

the use of additional organic and

aqueous solvents based on data

submitted by commenters, and based on

EPA’s experience with the regulated

community’s use of these solvents in

accordance with PCB disposal approvals

issued under § 761.60(e). For

decontamination using other solvents or

conditions, follow the appropriate

provisions of § 761.79(d)(4) and subpart

T or seek a PCB disposal approval.

EPA clarifies that self-implementing,

performance-based decontamination

conducted under § 761.79(c) does not

require confirmatory surface

measurements (see § 761.79(f)).

However, anyone claiming that a surface

is decontaminated must be able to

substantiate that claim in writing.

Subpart N provides sampling

procedures for water and organic

liquids. Subpart P provides sample site

selection procedures for non-porous

surfaces and concrete decontaminated

from recent spills, as well as procedures

for analyzing the samples and

interpreting the results of the sampling.

When sampling is required for the

measurement-based provisions in

§ 761.79(b), written records must be

maintained for 3 years from the date of

decontamination. Copies of records may

be maintained at the decontamination

site or elsewhere as long as they are

available to EPA in a timely manner, if

requested.

EPA also clarifies that solvents

contaminated during use in

decontamination are to be managed and

used at their existing concentration (see

§ 761.79(g)). Unless specifically

addressed elsewhere, disposal options

do not depend on the original

concentration of PCBs in the material

which is decontaminated. EPA is

requiring chlorinated solvents used for

decontamination to be disposed of as

PCB waste regardless of their

concentration in order to discourage

their use and to minimize adverse

consequences from uncontrolled air

releases. However, EPA is allowing

chlorinated solvents, other

contaminated solvents, liquids, or nonliquids resulting from decontamination

activities to be decontaminated to the

extent permitted under § 761.79.

Hydrocarbon solvents containing <50

ppm PCBs may also be burned and

marketed in accordance with the used

oil provisions of § 761.20(e). Because

used oils are composed primarily of

hydrocarbons, burning of hydrocarbon

solvents will pose a similar, not

unreasonable, risk to burning of used

oils. One commenter asked whether

hydrocarbon solvents which are also

radioactive could be burned for energy

recovery under the used oil provisions

of § 761.20(e) if the combustion facility

was approved or licensed for burning

radioactive waste. Today’s regulations

do not preclude this activity.

Finally, wastes resulting from

decontamination activities are subject to

applicable manifesting, storage, and

disposal requirements for PCB wastes.

Facilities conducting decontamination

activities must also comply with

recordkeeping, reporting, and

notification requirements of subparts J

and K.

I. Exemptions for Manufacturing,

Importing, Processing, Distributing in

Commerce, and Exporting PCBs

1. Class exemption for manufacture,

import, processing, distribution in

commerce, and export of PCBs for R&D.

EPA proposed the establishment of a

class exemption at § 761.80(i) to allow

processing and distribution in

commerce for R&D of PCBs and PCB

analytical reference samples derived

from PCB waste material. EPA proposed

this class exemption to minimize

negative impacts from the relatively

time-consuming statutory and

regulatory process for individual

companies seeking an exemption from

the prohibition on processing and

distributing in commerce of PCBs.

Overall, commenters agreed with the

establishment of a new class exemption

to facilitate the use of PCBs in R&D.

However, they suggested that EPA and

the scientific community would be

better served if the class exemption also

included the manufacture of PCBs for

R&D. EPA agrees and has added

manufacture of PCBs to § 761.80(i). EPA

has also modified the text of proposed

§ 761.80(i) to specify that import and

export of these materials are also

covered by the exemption. All

individuals who wish to be included in

the class exemption will be required to

submit a notification in the form of a

petition to the Agency. EPA will treat a

renewal request submitted by any one

class member 6 months prior to the

expiration of the 1-year exemption as a

renewal request for the entire class (see

the procedures at 40 CFR part 750,

subpart C and § 750.31(e)).

EPA is limiting the manufacturing,

import, processing, distribution in

commerce, and export of PCBs to no

more than 500 grams of PCBs annually,

packaged in 5 milliliter hermetically

sealed containers. EPA is also limiting

the processing, distribution in

commerce, and export of analytical

reference samples derived from PCB

waste material to 500 grams of PCBs

annually. Individuals wishing to

temporarily exceed these limitations

must notify the Director, National

Program Chemical Division, in writing,

of the sites and quantities involved, and

provide a justification for an increase.

Any increase granted will be in writing

and will not extend beyond the time

remaining in the exemption year.

Persons needing an increase on other

than a temporary basis are required to

obtain an individual exemption which

addresses their specific needs. Until

EPA has completed rulemaking on a

request for an individual exemption,

individuals may continue their PCB

activities, but are limited to the

constraints of the existing class

exemption.

The establishment of the class

exemption at § 761.80(i) does not affect

any manufacturer, processor, distributor

or exporter previously granted an

exemption under existing § 761.80(c),

(f), (g), or (h). Those individuals will not

be required to modify or discontinue the

activity for which their exemption was

granted at this time. In addition, EPA

will consider individuals who have

obtained exemptions under § 761.80(c),

(f), and (h) to manufacture, process,

distribute in commerce, or export PCBs

for R&D in quantities of 500 grams or

less, to be grandfathered into the class

exemption at § 761.80(i) without the

submission of a petition at this time.

However, if those individuals increase

the quantity of PCBs (beyond 500

grams), change the manner of

manufacture, processing, or distribution

in commerce of the PCBs, or any other

aspect of the existing exemption, they

must submit a new petition.

EPA is also allowing processors and

distributors of PCBs in small quantities

for R&D currently authorized by

§ 761.80(g) to continue their activity

unchanged unless they wish to exceed

the 100 gram limit. At that time, they

can follow the notification procedures

of § 761.80(g)(2), or submit a petition
35420 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

within the § 761.80(i) timeframe, which

would allow them to increase their limit

to 500 grams.

Today’s rule also allows research and

development for PCB disposal under

certain conditions (see § 761.60(j)).

Processing and distribution in

commerce of PCBs associated with R&D

for disposal are regulated under existing

provisions at § 761.20(c). Persons

engaging in processing and distribution

in commerce of PCBs for this disposal

activity need not request an exemption

under § 761.80.

2. Class exemption for manufacturing

PCBs for research and development of

disposal technologies. EPA proposed at

§ 761.80(e) to establish a class

exemption allowing R&D facilities to

manufacture (including import) PCBs

solely for the manufacturer’s own

research to develop PCB disposal

technologies. This provision has been

included in the final rule. For purposes

of § 761.80(e), use ‘‘solely in the

manufacturer’s or importer’s own

research’’ means use by the

manufacturer or importer or one of its

wholly-owned subsidiaries conducting

disposal-related R&D. However,

distribution of the PCBs that are

manufactured under this exemption to

other entities for their R&D activities is

prohibited. All PCBs and materials

containing PCBs, regardless of

concentration, remaining from the

disposal-related studies, are required to

be disposed of or decontaminated

pursuant to the original PCB

concentration.

EPA is limiting PCB manufacturing,

including import, activities under this

exemption to 500 grams (approximately

1 pound (lb)) of PCBs per year.

Commenters suggested EPA increase the

quantity from 1 lb to 10 lbs to better

serve the scientific community in

conducting R&D for disposal-related

activities. EPA considers 500 grams an

ample R&D quantity for a year because

PCBs are generally used in extremely

small quantities (i.e., micrograms)

during these activities. Individuals

wishing to exceed this amount on a

temporary basis must request and

receive approval, in writing, from the

Director, National Program Chemicals

Division. To ensure that PCB

manufacture under § 761.80(e) is being

conducted for R&D into PCB disposal,

EPA is requiring that the EPA Regional

Administrator be notified in writing 30

days prior to the start of R&D activities

requiring the manufacture of PCBs. This

conforms with the § 761.60(j)(1)(ii)

notification requirement.

A person wishing to be included in

the class exemption at § 761.80(e) must

submit an exemption petition to EPA 60

days prior to engaging in activities

under the exemption. Renewals of or

modifications to the exemption are

required annually pursuant to the

interim procedures for manufacturing

exemptions at § 750.11 or processing

and distribution in commerce

exemption at § 750.31. To reduce the

paperwork burden of the renewal

process for the class, EPA will deem a

properly filed renewal request for the

exemption by any member of each class

as a renewal request for the entire class.

3. Other exemption issues. EPA

proposed modifications to § 761.80(g)

which it is not adopting in today’s final

rule. One modification correlated with a

proposed change in the ‘‘small

quantities for research and

development’’ definition at § 761.3;

however, the proposed modification is

moot because EPA is not finalizing the

proposed definitional change. In

addition, EPA intended to expand the

existing class exemption at § 761.80(g)

to include distribution in commerce for

export. However, such distribution in

commerce may be conducted under

§ 761.80(i) as finalized, and additional

modification of § 761.80(g) is therefore

no longer necessary. Similarly,

proposed changes to § 761.80(o)

regarding exemption renewals under

§ 761.80(g) have been rendered moot by

changes from the proposal. EPA also is

not finalizing proposed modifications to

§ 761.80(n) regarding renewals of the

new class exemption at § 761.80(e);

these provisions are in the text of

§ 761.80(e).

Many of the newly created provisions

for exemptions to process and distribute

PCBs in commerce direct readers to the

petition filing procedures at 40 CFR

750.31. EPA discovered a drafting error

in § 750.31(c), ‘‘Content of petition,’’

from a previous amendment. Therefore,

EPA is promulgating a technical

correction to delete references at

§ 750.31(c)(9) to paragraphs which no

longer exist (i.e., ‘‘(d)(1) through (8)’’

and ‘‘(d)(1), (3) and (5)’’). These

references should have been

redesignated as paragraphs ‘‘(c)(1)

through (8)’’ and ‘‘(c)(1), (3) and (5)’’

when § 750.31 was amended on April

11, 1994.

To grant an exemption under section

6(e)(3)(B) of TSCA, EPA must find that

there is no unreasonable risk of injury

to health or the environment from the

exempted activity and that good faith

efforts have been conducted to find a

substitute for PCBs.

EPA finds that the manufacture,

import, processing, distribution in

commerce, and export of PCBs in

accordance with § 761.80(e) and (i) will

not result in an unreasonable risk of

injury to health or the environment. The

risk of environmental release of PCBs or

risks of exposure to PCBs is negligible

due to OSHA workplace safety

regulations, the highly-trained nature of

laboratory workers and scientists, the

limitation on the volume of production,

DOT transportation regulations, and the

current marking regulations that require

containers to be labeled as containing

PCBs (also see the discussion in the

NPRM). Finally, all wastes from PCB

processing, including diluted PCB

materials and any PCB residues or other

contaminated media, are subject to the

1-year storage and disposal time limits

at § 761.65 and § 761.60 and the

manifesting requirements at § 761.207 et

seq.

The good faith efforts finding does not

apply because other chemicals cannot

be substituted in toxicological,

environmental, or analytical testing for

PCBs.

J. Transboundary Movements

1. The import for disposal rule and

the Sierra Club decision. In the NPRM,

EPA proposed to control the export and

import of PCBs for disposal under

§ 761.20. Subsequently, the PCB import

regulations were separated from the

larger rulemaking package and finalized

on March 18, 1996 (61 FR 11096) (FRL–

5354–8), at § 761.93 under a new

subpart F - Transboundary Shipments of

PCBs for Disposal. On July 7, 1997, the

U.S. Court of Appeals for the Ninth

Circuit overturned the Import for

Disposal Rule, on the ground that EPA

could not rely, as it did, on section

6(e)(1) of TSCA to authorize imports of

PCBs for disposal. Sierra Club v. EPA,

118 F.3d 1324 (9th Cir. 1997). On July

18, 1997, EPA by letter informed those

people who had submitted an import

notification to EPA, pursuant to

§ 761.93, that EPA was closing the

border to imports of PCBs. Accordingly,

EPA would not allow the import of any

shipment of PCBs under § 761.93 that

left the exporting country after 12:01

a.m. local time, July 20, 1997. EPA can

now only allow imports of PCBs by

issuing exemptions to importers via the

petition process under section 6(e)(3)(B)

of TSCA. Today’s rule implements the

Sierra Club decision by amending

§ 761.97(a)(1) with minor clarifications.

2. Proposed export provisions. In the

Import for Disposal rule, EPA

redesignated the provisions formerly

codified at § 761.20(c) allowing exports

for disposal of PCBs and PCB Items at

concentrations <50 ppm into a new

§ 761.97(a)(1). EPA believes that export

of PCBs and PCB Items at

concentrations <50 ppm was not

affected by the Sierra Club decision, and
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35421

is retaining § 761.97(a)(1) with minor

clarifications.

EPA stated in the NPRM that exports

of PCBs and PCB Items for disposal in

concentrations ≥50 ppm should be

allowed on a case-by-case basis unless

EPA had reason to believe that the PCBs

would not be properly managed (59 FR

62817). EPA proposed that exports of

PCBs or PCB Items in concentrations

≥50 ppm would be allowed at EPA’s

initiative or in response to a petition,

provided there was an international

agreement between the United States

and the receiving country concerning

PCB exports. Petitions needed to

include a variety of information

regarding the PCB waste and its

proposed management; a certification by

the government of the receiving country

that it had received accurate and

complete information about the waste,

consented to receive it, and had

adequate disposal facilities to assure

proper management; and identification

by the exporter of wastes containing

liquid PCBs or PCB-containing electrical

equipment. EPA proposed to exclude

two types of PCB shipments from being

considered exports or imports. The first

type involved transit shipments where

PCBs (including residues from spill

clean-up in transit) are transported from

the United States through another

country and back to the United States

(e.g., from Alaska through Canada to the

continental United States). The second

type of shipment involved PCBs

procured domestically by the United

States government, shipped to another

country for United States government

use and returned to the United States for

disposal while remaining under United

States government control.

3. Decision to defer final rulemaking

on exports and other transboundary

shipments. EPA has decided not to

finalize today the provisions in the

NPRM on exports for disposal or the

return to the United States of Federal

government PCB waste. EPA intends to

address those issues as well as imports

for disposal under the section 6(e)(3)(B)

petition process in a future rule.

EPA is, however, finalizing the

proposed provisions on transit

shipments at a new § 761.99 for other

transboundary movements. The Agency

is also clarifying that PCB waste

shipments that are merely transiting the

U.S. (e.g., from Mexico to Canada) are

not exports or imports.

The future rule on exports for

disposal will not affect EPA’s policy on

PCB exports for use. Under the 1980

Closed Border Policy, PCB exports for

disposal were banned. Exports for use or

reuse were not affected, but remained

subject to the limitations for processing

and distribution in commerce under

TSCA section 6(e)(3) and 40 CFR

§ 761.20, and the export notification

requirements of TSCA section 12(b) and

40 CFR part 707, subpart D.

K. Change in Reportable Quantity —

Spill Cleanup Policy

The Agency proposed to amend

§ 761.125(a)(1) by revising the phrase

‘‘under the National Contingency Plan

all spills involving 10 pounds or more’’

to read ‘‘under the National

Contingency Plan all spills involving 1

pound or more.’’ Most commenters

supported the proposal and EPA has

finalized it without change.

L. Records and Monitoring

1. Transfer of totally enclosed PCBs.

Under existing § 761.20(c)(1), totally

enclosed PCB Items, such as

Transformers, and Large High and Low

Voltage Capacitors ≥50 ppm (as defined

in § 761.3) sold before July 1, 1979, for

purposes other than resale, may be

distributed in commerce (e.g., sold).

EPA proposed that records be

maintained on transactions for these

PCB Items. Some commenters supported

this proposal while others believed it

was not necessary because facilities

maintained such information in their

sales records.

The Agency is amending

§ 761.180(a)(2)(ix) to require owners or

operators transferring totally enclosed

PCB Items that were sold before July 1,

1979, for purposes other than resale to

record in their annual document log the

name, address, and telephone number of

the person to whom it was transferred;

and the serial number of the item or, if

a serial number is not available, its

internal identification number. Since

commenters indicated that they were

already keeping such records, adding

the information to the annual document

log should not present much of an

additional burden.

2. Recordkeeping requirements for

storage unit operators. In today’s final

rule, EPA is adding recordkeeping

requirements for storage unit operators

(see § 761.180(a)(1)(iii) and (b)(1)(iii).

This addition requires the operator to

maintain a record of cleanups and

inspections for leaks that must be

performed under § 761.65(c)(5). These

records are part of the facility’s annual

records, and must be maintained, and

made available for inspection, with

those records for the same time period.

In the past, EPA inspectors had no way

to verify that unit operators were

complying with § 761.65(c)(5).

A few commenters felt that the

proposed requirement would duplicate

records they maintain under the Spill

Cleanup Policy (§ 761.125). EPA is not

prescribing a format for spill cleanup

records under today’s new provisions at

§ 761.180. Records of cleanup

maintained by storage unit operators in

compliance with the Spill Cleanup

Policy will also satisfy the new

recordkeeping requirement, provided

they are kept with the annual records.

Today’s rule does not require a storage

unit operator to develop and maintain

two separate set of records for the same

spill.

In the NPRM, EPA also proposed to

require that storage unit operators keep

a current written inventory or log of

their unit (see proposed

§ 761.180(a)(1)(iv) and (b)(1)(iv)), to

assist EPA inspectors in their on-site

inspections. EPA believed that the

proposal would not additionally burden

unit owners or operators, since they

must maintain an inventory to properly

manage their facility, to ensure

compliance with the 1-year storage and

disposal time-limit, and to collect data

for the annual log.

EPA received numerous comments on

this requirement; most criticized it as

being more burdensome than EPA

understood and maintained that its

benefits did not outweigh its costs.

Commenters noted that many

companies keep computerized

inventories at central locations, and

producing a paper copy and

maintaining it at the storage unit would

impose a significant new compliance

cost. Commenters stated that keeping an

inventory on-site was problematic with

storage units at remote or dirty/

dangerous locations (e.g., storage units

for radioactive waste). Many

commenters felt that the burden of

constantly updating such an inventory

was unjustified, since it would only be

used on the day an inspection was

conducted.

EPA has not finalized its proposal.

While access to an inventory would

help EPA conduct on-site inspections of

storage unit facilities, EPA recognizes

that the burden on storage unit

operators associated with maintaining a

continually-updated inventory on-site

exceeds the benefit to the inspectors.

M. Amendments to the Notification and

Manifesting Rule

The NPRM addressed a number of

issues that were not contemplated when

the PCB Notification and Manifesting

(N&M) rule was published on December

21, 1989 (54 FR 52716, 40 CFR part 761,

subpart K). Some of these issues were

raised by litigants who sought review of

the rule, and by other waste handling

associations. (See, for example, Refs. 31

and 32.) Some items which EPA is
35422 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

finalizing in today’s rule have been

previously promulgated under RCRA

regulations and seem appropriate for

inclusion in the PCB N&M rule. Others

are simply clarifications and are

accompanied by changes to 40 CFR part

761.

1. Definition of commercial storer:

Small quantity exemption for solids,

and ‘‘related’ companies. On June 27,

1990 (55 FR 26204), EPA amended the

N&M rule to, among other things, clarify

the definition of ‘‘commercial storer of

PCB waste’’ at § 761.3. In 1990, EPA

added the word ‘‘liquid’’ to the phrase

‘‘exceeds 500 gallons of PCBs’’ so that

the phrase reads ‘‘exceeds 500 liquid

gallons of PCBs.’’ This excluded

facilities that were storing at any one

time less than 500 gallons of liquid PCB

waste from the requirement to seek

approval as a commercial storer of that

waste.

In a petition filed with the District of

Columbia Circuit Court of Appeals on

September 25, 1990, the petitioner

claimed that EPA acted arbitrarily when

it narrowed the small volume

exemption in this manner so that storers

of less than 500 gallons of non-liquid

waste would not qualify for the

exemption. EPA agreed that certain

classes of businesses (e.g., companies

performing PCB waste treatability

studies and laboratories affiliated with

PCB handling companies) on occasion

may possess relatively small quantities

of solid PCB waste generated by others.

EPA also agreed to initiate a regulatory

amendment to establish a small quantity

exemption for solids to complement the

exemption for liquids. EPA told the

petitioner that until the rule was

amended, it would take no enforcement

action against a facility storing small

quantities of PCB solids without a

commercial storage approval if certain

conditions were met (Ref. 32).

In the NPRM, EPA added a small

volume exemption for storage of no

more than 70 cubic feet of non-liquid

PCBs to the definition of ‘‘commercial

storer of PCB waste.’’ EPA solicited

comments on this proposal, and in

particular, whether 70 cubic feet was an

appropriate cutoff.

EPA also clarified how the change of

ownership or release of title of PCB

waste relates to a person becoming a

commercial storer of PCB waste. The

following example illustrates the

clarification. If a facility that generates

and stores its own waste (e.g.,

transformers) is sold (or the title

otherwise changes ownership), the new

owner (or holder of the title) does not

become a commercial storer of PCB

waste. The waste, along with the

facility, is now owned by the purchaser,

which is storing its own waste and is

therefore not a commercial storer.

Commenters agreed that EPA should

add a non-liquid quantity below which

one could store waste generated by

others without needing a commercial

storer approval. However, some

commenters asked EPA to clarify

whether one could store less than 500

liquid gallons and less than 70 cubic

feet and qualify for the exemption. This

was not EPA’s intent. One is excluded

from the requirement to seek a

commercial storer approval if the total

volume of stored waste generated by

others is less than 500 gallons of

material; liquid or non-liquid.

Accordingly, to set a uniform standard,

EPA has set the regulatory cutoff at a

total combined volume of 500 gallons of

liquid or non-liquid PCB-Contaminated

material. For computation of non-liquid

PCB volume, 500 gallons (U.S.) equals

approximately 1.89 cubic meters.

The majority of other comments

requested that EPA clarify what related

companies are not considered to be

storing others waste. Therefore, EPA has

included examples of related companies

in the definition of commercial storage

(see § 761.3). One example listed in

§ 761.3 is a company having a joint

ownership interest in a facility from

which PCB waste is generated (such as

a jointly owned electric power

generating station) where the PCB waste

is stored by one of the co-owners of the

facility. The participants have an

undivided ownership interest in the

entire plant (although percentage of

ownership may differ) and one of them

is designated and responsible for

operating the facility. This operating

entity is the one storing the waste. The

waste is jointly owned and the financial

assurances provided by the ownership

and operating agreements, together with

the responsible nature of the operating

utility, exempt such facilities from the

need to seek commercial storage

approval.

Other utilities commented that they

should not be considered commercial

storers of PCB waste when they manage

waste generated by their customers, and

that requiring them to seek commercial

storer approval impedes them from

engaging in this activity. EPA disagrees.

It assumes that the utility is not the

transformer owner, for example, and

would be storing waste generated by

others in this scenario. Utilities wishing

to assist customers with their waste

management could store less than 500

gallons of liquid or non-liquid waste at

any time or act as a transfer facility,

storing the waste less than 10

consecutive days, and not have to seek

commercial storer approval.

2. Clarification of exception reporting.

EPA proposed to amend § 761.215(b),

(c), and (d), which discuss when a

generator, commercial storer, or

disposer must submit One-year

Exception Reports to the EPA Regional

Administrator. Currently, a disposer is

required to submit a One-year Exception

Report if: (i) The PCB waste is received

on a date more than 9 months after it

was removed from service for disposal

as indicated on the manifest, and (ii) the

disposer could not dispose of the PCB

waste within 1 year from the date of

removal from service for disposal.

A generator is required to submit the

One-Year Exception Report when the

generator has not received a copy of the

manifest with the hand-written

signature of the owner or operator of the

designated facility within 45 days of the

date the waste was accepted by the

original transporter. Also, a generator or

commercial storer who manifests PCBs

or PCB Items to a disposer of PCB waste

must submit the Exception Report

when: (i) The waste was transferred to

the disposer within 9 months after

removal from service for disposal as

indicated on the manifest, and (ii) the

generator or commercial storer has not

received within 13 months after the date

of removal for disposal a Certificate of

Disposal (CD) or it receives the CD,

which indicates that the waste was

disposed more than 1 year after it was

removed from service for disposal.

The regulations do not, however,

indicate when the disposer, commercial

storer, or generator has to submit the

One-year Exception Report to the EPA

Regional Administrator. EPA proposed

to amend § 761.215(b), (c), and (d) to

require that the disposer, commercial

storer, or generator submit the report to

the EPA Regional Administrator no later

than 30 days from the discovery of the

passage of the regulatory deadlines.

Commenters generally disfavored

exception reporting, but did not oppose

EPA’s proposal if EPA maintains the

requirement to submit exception

reports. However, most felt that 45 or 60

days was a more appropriate timeframe.

EPA is not changing its requirement to

submit exception reports under

§ 761.215 due to their usefulness as an

enforcement tool, but is adding a 45-day

submission timeframe to § 761.215(b),

(c), and (d) for submission of the report

to the EPA Regional Administrator.

3. Timing for submission of the

certificate of disposal. Section

761.218(b) requires the owner or

operator of a disposal facility to send a

Certificate of Disposal (CD) to the

generator indicated on the manifest that

accompanied the shipment of PCB

waste to the disposal facility, within 30
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35423

days after disposal of the PCB waste

identified on the manifest was

completed. Section 761.215(d)(2)

indicates that a generator or commercial

storer should submit a One-year

Exception Report to the EPA Regional

Administrator when the CD is not

received from the disposer within 13

months from the date of removal from

service for disposal (DORFSFD).

EPA clarifies that there may be

different DORFSFD dates for different

individual items on any given manifest.

This means that some items listed on

the manifest will need to be disposed of

earlier than others to meet the 1-year

time-limit for storage and disposal.

Therefore, there will also be different

CDs associated with those different

disposal dates (unless the entire

shipment listed on the manifest is

disposed of before the 1-year

anniversary of the item with the earliest

DORFSFD). EPA proposed that the

generator may either submit more than

one manifest per shipment based on

whether there are different DORFSFDs

for the items in the shipment or attach

a continuation sheet to reflect the

different DORFSFDs. EPA wants to

make clear that it is not appropriate to

base disposal on the manifest item with

the latest DORFSFD, or to send the CD

based on that item.

Commenters generally opposed the

concept of preparing multiple manifests

or CD’s. EPA agrees that multiple

manifests or CDS may be overly

burdensome and is not specifically

requiring either one in this final rule.

EPA is adding, however, language to

§ 761.218(b) indicating that a CD must

be sent to the generator within 30 days

of the date that disposal of each item of

PCB waste identified on the manifest

was completed. Generators and

disposers may work out the details on

how best to meet this requirement.

4. Applicability of manifesting

requirements. EPA proposed to amend

§ 761.207(j), which describes what

wastes are subject to the manifesting

requirements based on PCB

concentration and whether dilution has

occurred. The section now states that if

the waste contains less than 50 ppm

PCBs, but comes from a source that

contained greater than or equal to 50

ppm PCBs, it is subject to the

manifesting and disposal requirements.

Cited as an example is PCB spill

cleanup material containing less than 50

ppm when the spill involved material

containing greater than or equal to 50

ppm.

Proposed § 761.207(j) specified that

there would be no manifest requirement

for material currently below 50 ppm

that derives from pre-April 18, 1978

spills of any concentration, or pre-July

2, 1979 spills less than 500 ppm. This

is because (i) the material ‘‘as found’’ is

below the regulatory threshold that

would subject it to the disposal

requirements of 40 CFR part 761,

subpart D, and (ii) the original spilled

material was below or not subject to

those disposal requirements at the time

of the original spill.

In addition, the manifest requirement

does not apply to material derived from

spills that have been decontaminated in

accordance with EPA’s spill cleanup

policies (40 CFR part 761, subpart G). In

other words, material containing PCBs

that has been decontaminated to a level

below 50 ppm would not be treated as

if it contained greater than or equal to

50 ppm PCBs for disposal purposes, and

could be disposed of in a municipal

landfill or by other non-PCB disposal

methods. This position is consistent

with EPA’s regulations that permit

material contaminated as the result of a

PCB spill to be distributed in commerce

if it is decontaminated in accordance

with the applicable spill cleanup

policies (see 40 CFR 761.20(c)(5)).

EPA received no negative comments

on the proposed amendment to

§ 761.207(j), and is finalizing it as

proposed. Commenters did ask how to

tell whether a pre-78 spill was originally

<50 ppm PCBs when the original source

of the spill is not known and test results

at the spill site all show levels <50 ppm

PCBs. Since prior to 1978 there were no

PCB regulations addressing antidilution, any pre-78 spill that is found

and tested to be less than 50 ppm may

be treated at the concentration found,

without determining whether the

spilled material originally contained

PCBs at greater than or equal to 50 ppm

PCBs.

5. Renotification: changes in facility

operations. Sections 761.202 and

761.205 discuss who must obtain an

EPA ID number and how to do so using

EPA Form 7710-53. EPA clarifies that

when a facility has previously notified

the Agency of its PCB waste handling

activities using EPA Form 7710-53 and

those activities change (e.g., the owner

or operator of the facility notified EPA

as a commercial storer and now wants

to engage in the transport of PCB waste,

or notified as a transporter and a

commercial storer but no longer wishes

to engage in the activity of transporting

PCB waste, or the facility has changed

its physical location), the notifier must

resubmit EPA Form 7710-53 to reflect

those changes. It will help EPA process

the form if the form or cover letter

indicates that it is a resubmission based

on changes in facility operations and

not a new submission.

EPA proposed to add this

resubmission requirement for EPA Form

7710-53 to new § 761.205(f). EPA

proposed that the resubmission be

submitted to EPA no later than 5

working days after the change was

made.

Some commenters opposed having to

renotify if the facility location changed,

others thought renotification was

appropriate only when the facility

ceased its waste handling activities, and

still others thought it was inappropriate

to notify when the facility ceased its

PCB waste handling activities. For EPA

to effectively track the number and type

of PCB waste handlers, it must know

whether a facility has ceased operation

or moved. EPA is finalizing this

amendment as proposed with one minor

change; the time to renotify is 30 days,

rather than 5 days as proposed.

In addition, high efficiency boilers

and scrap metal recovery ovens/smelters

that burn regulated PCBs must now

notify EPA using Form 7710-53

pursuant to 761.205 (see Unit IV.E.3. of

this preamble for further discussion).

6. Transfer of ownership of

commercial storage facilities. EPA

proposed to add paragraph (j) to

§ 761.65 on the procedures and timing

for transferring ownership of a

commercial storage facility. The timing

and procedures would apply to facilities

with either interim or final approval.

Existing commercial storage facilities

had until August 2, 1990, to submit a

completed application to EPA and

receive interim status to operate until

the application was formally approved

or denied. Existing § 761.65(d)(3)

describes the information that must be

in the application, such as a closure

plan, closure cost estimate, and

financial assurance for closure. The

N&M rule did not, however, discuss

procedures and criteria for transferring

ownership of a facility (as is the case

under the RCRA regulations at 40 CFR

270.72(a)(4)). In the NPRM, EPA

solicited comments on recognizing the

transfer of interim status or final

approval for commercial storage

facilities if all the following conditions

were met:

(i) The transferee demonstrated it had

established, by the date of transfer,

financial assurance for closure pursuant

to § 761.65(g) using a mechanism

effective as of the date of final approval.

This would assure that there would be

no lapse in financial assurance for the

transferred facility.

(ii) The transferee submitted a new

and complete application for final

storage approval.

(iii) Any significant deficiencies (e.g.,

technical operations, closure plans, cost
35424 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

estimates) that EPA had identified in the

application of the transferor, were

resolved in the new application by

either the transferor or by the transferee.

The new application would also have

to include all the elements listed in 40

CFR 761.65(d)(3). Before the transfer of

interim status or final approval could

occur, EPA would have to review the

new application and deem it

‘‘complete,’’ i.e., all the required

elements were included in the

application. The application would also

have to correct any significant

deficiencies previously identified. EPA

would reserve the right to deny the

transfer of the interim approval status or

final approval if upon review of the new

application, EPA determined that the

transferee was not qualified or was

unable or unwilling to achieve and

maintain its operations in compliance

with TSCA and the PCB rules. In

addition, a determination by the EPA

Regional Administrator that the transfer

of interim status or final approval could

occur would not be determinative of the

final decision that would be made

regarding the commercial storage

application. EPA would also reserve the

right to deny any subsequent transfer

request respecting a particular facility if

EPA believed that the transfer was

undertaken to avoid the requirement of

seeking a final commercial storage

approval.

The requirements described above

would have to be met before EPA would

recognize the transfer of interim status.

For example, Company ‘‘X’’ is interested

in acquiring ownership of Company

‘‘Y,’’ which has interim status to operate

as a commercial storer of PCB waste. If

EPA does not recognize the transfer of

interim status before Company ‘‘X’’

takes legal title to the facility from

Company ‘‘Y,’’ Company ‘‘X’’ may be in

violation of the commercial storage

regulations because it did not have

interim status to operate at the time it

took legal title.

To facilitate ownership transfer, EPA

also solicited comments on whether a

‘‘new’’ application is necessary. If, for

example, the transferee accepted the

contents of the old application, the only

parts that would have to be amended

(excluding any deficiencies that have

yet to be corrected) would be the

financial assurance for closure, a new

list of principals and key employees,

and the compliance history of any

business with which those individuals

had been affiliated in the preceding 5

years. This submission of an ‘‘amended’’

application would save the transferee

and the EPA time and money.

Commenters agreed that it should not

be necessary to submit an entirely new

application. Therefore, in today’s final

rule the transferee may submit a

complete amended application

including the parts mentioned above.

Most commenters disagreed with the

Agency’s position that any deficiencies

identified in the original application

would have to be resolved before EPA

would recognize the transfer. They felt

they should be able to obtain the

previous owner’s status without having

to resolve any discrepancies or be

allowed to establish a compliance

schedule to resolve the deficiencies in a

timely manner.

EPA does not think it is a sound

practice to allow the transfer of

ownership of a commercial storage

facility with interim status to a new

owner when there are deficiencies in

the existing application. If the

deficiencies identified in the existing

application are resolved in the amended

application (i.e., the transferee will be

submitting a new compliance history for

new principals and key employees or a

new closure plan), then EPA will

consider the discrepancy in the original

application to be resolved and allow the

transfer. The Agency may still find

discrepancies in the amended portion of

the transferee’s application and these

would have to be resolved before the

facility was granted final commercial

storage approval.

Many commenters wanted an

established timeframe by which EPA

must notify the transferee of approval or

denial of the transfer request. In today’s

final rule, EPA will provide a written

decision on whether it will recognize

the transfer of ownership of the facility

within 90 days of receipt of the

complete application.

7. Modifications to storage facilities.

Section 761.65(e)(4) discusses when a

commercial storage facility must submit

a request to EPA for a modification to

its storage approval to amend its closure

plan. In the NPRM, EPA proposed a

similar requirement for revising the

financial assurance for closure when

there are modifications to the

commercial storage facility, for example,

where the facility is enlarged and the

maximum inventory of waste increases

sufficiently to warrant an increase to the

financial assurance mechanism. EPA

proposed to add § 761.65(g)(9) to require

that when a modification to the storage

facility warrants establishing a new

financial assurance mechanism or

amending the existing one, the owner or

operator must have done so no later

than 30 days after the EPA Regional

Administrator (or Director, National

Program Chemicals Division) is notified

that the modification is complete, but

before the use of the modified portion

of the facility. In addition, EPA

proposed that the EPA Regional

Administrator (or Director, National

Program Chemicals Division) would

have to be notified in writing no later

than 7 days after the modification to the

facility is complete.

Commenters requested that EPA

clarify what percentage increase in

storage capacity would trigger the need

for a new or amended financial

assurance mechanism. If the

modification results in any increase in

the maximum storage capacity indicated

in the permit, an amendment to the

financial assurance mechanism is

required to address the added waste

inventory.

In today’s final rule, EPA amended

proposed § 761.65 by replacing the

phrase ‘‘Regional Administrator (or

Director, National Program Chemicals

Division)’’ with ‘‘Director of the Federal

or State issuing authority’’ to reflect the

possibility that the permit may have

been issued under another authority but

recognized under a TSCA PCB

Coordinated Approval (see § 761.77).

EPA also changed the timeframe in

which the permitting authority must be

notified of the completion of the facility

modification from 7 to 30 days.

8. Clarification of which disposers

must submit annual reports. Section

761.180(b)(3) requires that each owner

or operator of a PCB disposal or

commercial storage facility submit an

annual report, summarizing the records

and annual document log maintained

under § 761.180(b)(1) and (b)(2), to the

EPA Regional Administrator of the EPA

Region in which the facility is located

by July 15 of each year. Sections

761.180(b)(1) and (b)(2) require that

information obtained from manifests

that are generated or received by the

facility be recorded. If a disposal facility

disposed of only its own waste and,

therefore, never received or generated a

manifest, it still has to prepare an

annual document log under

§ 761.180(b)(2)(iii). Examples of such

facilities include high efficiency boilers

at § 761.71; and facilities conducting

decontamination under § 761.79.

EPA clarifies that ‘‘disposers of PCB

waste,’’ as defined at § 761.3, who

dispose of their own waste must submit

an annual report. Therefore, EPA

proposed to amend § 761.180(b)(3) to

state that a disposer’s obligation to

submit an annual report is based on the

act of disposing of PCB waste material

and not whether the facility received or

generated manifests. EPA received no

negative comments on the proposal and

is finalizing it as proposed.

9. Financial assurance mechanism:

corporate guarantee. EPA proposed to
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35425

reference 40 CFR 264.143(f)(10) of the

RCRA financial assurance regulations

(57 FR 42832, September 16, 1992) to

add an additional financial assurance

mechanism for PCB commercial storage

facility closure. This mechanism allows

the corporate guarantor to be the direct

or higher-tier parent corporation of the

owner or operator; a firm whose parent

corporation is also the parent

corporation of the owner or operator; or

a firm with a substantial business

relationship with the owner or operator

of the commercial storage facility. EPA

proposed to add this mechanism as

§ 761.65(g)(7) and redesignate existing

(g)(7) as (g)(8). The proposal met with

no negative comments and is finalized

as proposed.

10. Clarification of the term ‘‘facility.’’

In the NPRM, EPA solicited comments

on the need to clarify the terms

‘‘facility’’ and ‘‘facilities.’’ The terms are

used in different contexts throughout 40

CFR part 761. EPA’s impetus for raising

this issue came from reviewing the PCB

Notification and Manifesting rule

preamble (54 FR 52716, 52722, column

2). That preamble discussion focusses

on the requirement for generators with

on-site storage facilities to notify the

Agency of their PCB waste handling

activities. The first two sentences in the

last paragraph read, ‘‘In submitting their

notifications to EPA, members of this

class of generator/storer will submit a

notification form for each of their

storage areas that is subject to § 761.65.

EPA will issue a unique identification

number to each notifying storage

facility, and this identification number

will correspond to the physical location

of the facility.’’

Here the terms ‘‘storage area’’ and

‘‘storage facility’’ are used

interchangeably to mean all structures

on contiguous land or specified

property, as opposed to a particular

building, structure, cell, or unit. EPA

did not intend to require notification for

each storage unit on a contiguous piece

of property, which would result in

multiple, individual identification

numbers for that property. A facility on

a contiguous piece of property,

regardless of the number of storage areas

or units, need only notify once.

Therefore, in this instance, the term

facility means all contiguous land and

structures used for the storage of PCB

waste.

In other sections of the PCB

regulations, however, the term ‘‘facility’’

means an individual unit or structure.

For example, § 761.65(b)(1) states that a

facility used for the storage of PCBs and

PCB Items shall have an adequate roof,

walls, and floor; continuous curbing

with a minimum 6 inch high curb; no

floor drains or expansions joints, etc.;

and shall not be located at a site below

the 100–year flood water elevation. It is

clear in this instance, that EPA is not

referring to a contiguous piece of

property, but to an individual structure

or unit.

In most of 40 CFR part 761, the term

‘‘facility’’ refers to a contiguous piece of

property including the structures or

individual storage or disposal units.

There are, however, 10 or so places in

the PCB regulations where the term

‘‘facility’’ refers only to the individual

unit or structure. In these 10 places,

EPA proposed to delete the term

‘‘facility’’ and insert a term whose

definition will best represent the

Agency’s intent (i.e., an individual unit,

structure, or building). EPA solicited

comments on the most appropriate term

to convey this meaning. For purposes of

this final rule, the term ‘‘unit’’ will be

used to indicate this change in the

regulatory text. The term ‘‘unit’’

includes structures that meet the design

criteria of § 761.65(b) and any functional

equivalent recognized by the EPA

Regional Administrator under § 761.77.

EPA has added definitions of ‘‘unit’’ and

‘‘facility’’ to § 761.3 of today’s final rule.

11. Notification by transporters. EPA

wishes to clarify the status of

subcontractors and permanently leased

operators under the manifesting and

notification regulations. The issue is

whether a person who owns and

operates a vehicle that is leased to a

motor carrier and is being used to

transport PCB waste must obtain an EPA

Identification number or may use the ID

number issued to the motor carrier.

EPA’s PCB regulations generally

require any person who is transporting

PCB waste to have an EPA ID number.

Specifically, 40 CFR 761.202(b)(2) states

that a transporter of PCB waste shall not

transport PCB waste without having

received an EPA ID number from EPA,

or deliver PCB waste to transporters,

disposers, or commercial storers that

have not received an EPA ID number. A

‘‘Transporter of PCB Waste’’ is defined

at § 761.3 to mean ‘‘any person engaged

in the transportation of regulated PCB

waste by air, rail, highway, or water for

purposes other than consolidation by a

generator.’’ Section 761.3 defines a

‘‘Person’’ to mean ‘‘any natural or

judicial person including any

individual, corporation, partnership, or

association; any State or political

subdivision thereof; any interstate body;

and any department, agency, or

instrumentality of the Federal

Government.’’

Generally, EPA has interpreted these

rules to require an EPA ID number for

the person who is ultimately

responsible for transporting the waste,

but not for employees of that person.

Thus a corporation that is transporting

PCB waste would be the ‘‘Transporter of

PCB Waste’’ and would have to obtain

an ID number. Corporate employees

who physically drive the trucks that

contain the waste would use the

corporate ID number rather than obtain

their own. This approach is illustrated

by EPA Form 7710-53, ‘‘Notification of

PCB Activity,’’ which requires

notification on behalf of facilities, not

individual employees. Similarly, the

Uniform Hazardous Waste Manifest,

EPA Form 8700-22, used under subpart

K associates the EPA ID number with

the company name (Items no. 5 through

9).

In contrast, an individual who owns

and operates his or her own truck as an

independent PCB waste hauler, rather

than as an employee, is the person

ultimately responsible for moving the

waste. Such a person is a ‘‘Transporter

of PCB Waste’’ and is required to obtain

his or her own unique EPA ID number.

In some situations, however, the

owner/operator is driving the vehicle

under a lease to another person, and is

no longer operating with complete

independence. The preamble to the

proposed rule (59 FR 62841) noted that

EPA interpreted the regulations to

require a separate EPA ID number for

individual owner/operators even if they

had permanently leased their vehicles to

a second person. EPA did not allow an

owner/operator to use the second

person’s EPA ID number, based on the

rationale that the owner/operator was

operating independently and was not

part of the entity that had been granted

the EPA ID number.

Commenters questioned the merit of

this interpretation. The commenters

noted that under certain leases, the

control of a motor carrier over a leased

vehicle and its owner/operator

approximates the control of an employer

over an owned vehicle and its employee

operator. Under such a lease, the motor

carrier exercises control over the vehicle

and driver, and is legally responsible for

maintaining vehicle records and for

insuring the vehicle. The motor carrier

is also liable for the owner/operator’s

actions on the road, including

Department of Transportation (DOT)

violations and any accidents or releases

of hazardous materials.

Comments also detailed how motor

carriers are regulated under DOT/

Interstate Commerce Commission (ICC)

rules. Comments noted that DOT/ICC

regulations do not compel a motor

carrier to own vehicles; rather, they may

lease vehicles, either from a leasing

company or from individuals who own
35426 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

and operate their own vehicle. For

purposes of DOT/ICC regulations, once

a vehicle is leased by a motor carrier,

that vehicle is under the control of the

motor carrier, and the owner/operator is

no longer regulated as an independent

entity. The vehicle is then considered

part of the motor carrier’s fleet, and it

must be identified with the motor

carrier’s ICC, DOT, or State

identification number. In addition, for

DOT and ICC purposes, the motor

carrier is the legal entity responsible

and liable for the actions of the leased

vehicle and its owner/operator.

In consideration of these comments,

EPA believes it is appropriate to modify

its interpretation of the regulation that

requires a Transporter of PCB Waste to

obtain an EPA ID number. The owner/

operator of a vehicle may utilize the

EPA ID number of a motor carrier while

moving PCB waste in that vehicle

provided the vehicle is leased to a motor

carrier and, under the terms of the lease,

the motor carrier has exclusive

possession, control, and use of the

vehicle and assumes complete

responsibility and liability for the

operation of the vehicle while it is being

used under the lease. An example of

such a lease is one complying with the

ICC regulations at 49 CFR part 1057,

subpart B. Alternatively, the owner/

operator may use his or her own EPA

identification number. This

interpretation supersedes the earlier

interpretation published in the

proposed rule preamble at 59 FR 62841.

12. Verification of a RCRA

identification number for use for PCB

waste handling activities under TSCA.

The current PCB regulations require that

when a person has a RCRA

identification number and wishes to

engage in PCB waste handling activities,

the person must submit the Notification

of PCB Activity Form (EPA Form 7710-

53) and have their RCRA identification

number verified in writing before the

person engages in certain PCB waste

handling activities. Due to delays in

verifying existing RCRA numbers, a

notifier may use their RCRA

identification number prior to receipt of

written verification from EPA once the

notifier has confirmed that EPA is in

receipt of their PCB notification form.

Confirmation of receipt of the form may

be accomplished by submitting it

through the U.S. mail--return receipt

requested, telephoning to confirm

receipt of mail or facsimile, commercial

overnight carrier’s delivery verification

processes, or any other manner in which

the submitter can demonstrate that the

form was received by EPA

Headquarters. Written verification that

the RCRA identification number may be

used for TSCA PCB waste handling

activities will follow.

V. Chart of Marking and Recordkeeping

Requirements and EPA Forms

The following chart clarifies the

marking and recordkeeping provisions

of 40 CFR part 761, amended to reflect

today’s final rule. Annual recordkeeping

requirements are highlighted with an

asterisk. ML refers to the large PCB mark

as defined at § 761.45. This chart is

included as an informal reference guide

only and is not a complete statement of

all applicable requirements. Readers

must refer to the actual regulations at 40

CFR part 761 for specific legal

requirements.

The PCB Transformer Registration

Form, EPA Form 7720-12, discussed at

Unit IV.B.3.a., and the revised

Notification of PCB Activity Form, EPA

Form 7710-53, discussed at various

units of this preamble, are reproduced

here for the convenience of and use by

the regulated community.

PCB Marking and Recordkeeping Requirements

Regulated Items Marking Requirements In-Service Records Disposal and Storage-for-Disposal

Records

PCB Containers ML -Total Kg weight of all containers*

-Description of contents*

-Date container

-Serial or I.D. number *

-Kg weight of each*

-Description of contents*

-Dates for: removal; transport;

disposal*

-Total number & Kg weight*

PCB Article Containers ML -Total Kg weight of all containers*

-Description of contents*

-Date container

-Serial or I.D. number*

-Kg weight of each*

-Description of contents*

-Dates for: removal; transport;

disposal*

-Total number & Kg weight*

PCB Transformers ML

ML or approved mark on access

to unit (e.g., vault doors)

-Total number of units*

-Total Kg weight*

-Inspection and maintenance

-Registration with EPA

-Record of sale

-Date article

-Serial or I.D. number*

-Kg of fluid in each*

-Dates for: removal; transport;

disposal*

-Total number & Kg weight*

PCB Large High or Low Voltage

Capacitors

ML on unit or on protected location-Total number* (protected location

records if applicable)

-Record of sale

-Date article

-Serial or I.D. number*

-Kg of fluid in each*

-Dates for: removal; transport;

disposal*

-Total number & Kg weight*

PCB Small Capacitors **
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35427

PCB Marking and Recordkeeping Requirements—Continued

Regulated Items Marking Requirements In-Service Records Disposal and Storage-for-Disposal

Records

PCB-Contaminated Electrical

Equipment

Not required -Record of sale Not required (once drained)

PCB Equipment that contains PCB

Large Capacitors or PCB Transformers

ML Records required for PCB Large

Capacitors or PCB Transformers

Records required for PCB Large

Capacitors or PCB Transformers

Natural Gas Pipelines, Compressors, Appurtenances Air compressor systems (≥2ppm)ML on above ground sources of

PCB liquids ≥50 ppm

Bulk PCB waste ML on container -Kg weight/quantity dates of each

batch in or out. Also disposition

of each batch out.

-Total Kg weight

Storage areas ML -Annual records as required under

§ 761.180

-Records of attempts to comply

with 1-year limit (if necessary)

Transport vehicles ML if contains a PCB Transformer

or 45kg liquid PCBs

PCB motors, hydraulic and heattransfer systemsML (Note: use of these items no

longer authorized)

* Annual reporting requirement.

** Manufacturers are required to mark non-PCB Large Low Voltage capacitors, small capacitors, and fluorescent light ballasts with a ‘‘No

PCBs’’ label until 7/1/98.
35428 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations
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VI. Rulemaking Record

The following list of documents

includes basic information considered

by the Agency in developing today’s

final rule. The official records of

previous PCB rulemakings are

incorporated as they exist in the TSCA

Public Docket on the date this rule is

promulgated. A full list of the materials

included in the official rulemaking

record is available for inspection and

copying in the TSCA Nonconfidential

Information Center (NCIC) from noon to

4 p.m. The TSCA NCIC is located in Rm.

B607, Northeast Mall, 401 M St., SW.,

Washington, DC. However, any CBI that

is a part of the record for this

rulemaking is not available for public

review. A public version of the record,

from which CBI has been excluded, is

available for inspection.

VII. References

1. USEPA, OHEA. Development of

Advisory Levels for Polychlorinated

Biphenyls (PCBs) Cleanup. OHEA-E-187

(May 1986): 199pp.

2. Versar, Inc. Assessment of Risks

Associated with the PCB Disposal

Amendments. (May 11, 1998): 42 pp.

3. USEPA, OPPTS, EETD. Cost

Impacts of the Final Regulation

Amending the PCB Disposal Regulations

at 40 CFR Part 761. (April 30, 1998):

236pp.

4. USEPA, ORD. PCBs Cancer DoseResponse Assessment and Application

to Environmental Mixtures. EPA/600/P96/001F (September 1996): 75pp.

5. USEPA, OPPT, NPCD. Support

Document for the PCB Disposal

Amendments, Final Rule; Request for

Data in Support of a TSCA Use

Authorization for Non-Liquid PCB

Applications. (April 16, 1998): 5pp.

6. USEPA, OSWER. Test Methods for

Evaluating Solid Waste, Third Edition.

SW-846, Method Number 9095 Paint

Filter Liquids Test. 4pp.

7. USEPA, OIG. Memorandum from

Kenneth A. Konz, Assistant Inspector

General for Audit to Linda J. Fisher,

Assistant Administrator, OPPTS,

USEPA. Subject: Special Report No.

E1EPG2–11–6000–2500065, Review of

EPA Rule Regulating PCB Transformer

Fires. (August 21, 1992): 24pp.

8. State of Connecticut, Department of

Environmental Protection. Letter from

Timothy R.E. Keeney to William K.

Reilly (August 23, 1991): 2pp.

9. USEPA, OPTS, EED. Memorandum

from K.A. Hammerstrom to D. Keenher,

EED. Subject: Exposure to PCBs in

recycled pipe. (July 7, 1988): 8pp.

10. USEPA, OPTS, EED. Letter from

M.P. Halper to L.J. Ogden, Interstate

Natural Gas Association of America.

Subject: Responses to letter of March 17,

1988 re: natural gas pipeline removal

and retirement. (June 6, 1988): 12pp.

11. USEPA. Technical Guidance for

the Abandonment in Place of Interstate

Natural Gas Pipeline Systems (October

24, 1990): 13pp.

12. USEPA, OPTS, OTS. Guidance on

Classification for Purposes of Disposal

of Stored Natural Gas Pipe Which Was

Not Part of a Pipe Removal Project

Carried Out Under an EPA-Approved

PCB Disposal Activity (February 1991):

10pp.

13. USEPA, OPTS, OTS. Technical

Guidance for the Declassification of

Interstate Natural Gas Pipeline Systems

(February 1991): 6pp.

14. USEPA, OSWER. Strategy for

Minimization and Combustion. EPA/

530-R-94-044. (November 1994): 23pp.

15. USEPA, OPTS. Letter from J.A.

Moore, Assistant Administrator, Office

of Pesticides and Toxic Substances, to

T.K. Allen, Piper and Marbury, counsel

for Utilities Solid Waste Activities

Group. Subject: An interpretation of the

PCB regulations on the disposal of

drained carcasses from mineral oil

transformers, (September 9, 1986): 4pp.

16. Hazardous Waste Treatment

Council. Petition For Rulemaking to

Amend 40 CFR § 761.60 [under section

21 of TSCA]. Submitted to USEPA by

Richard C. Fortuna, Executive Director

for the Hazardous Waste Treatment

Council, Franklin D. Sales, President of

Salesco Systems USA, Inc., and Brin

McCagg, Vice-President of FulCircle

Ballast Recyclers (December 15, 1992).

17. S.D. Myers, Inc. Summary of

Results: PCB Levels in Light Ballast

Compound. (August 11, 1993): 31pp.

18. Rollins Environmental Services,

Inc. Analytical Protocol and Analytical

Results from PCB Ballast Study

(September 20, 1993): 112pp.

19. USEPA. Memorandum from Greg

Schweer, Exposure Assessment Branch,

to Jane Kim, Chemical Regulation

Branch, Re: PCB Spill Exposure

Scenarios (April 18, 1986): 3pp.

20. USEPA. Memorandum from Karen

A. Hammerstrom, Exposure Assessment

Branch, to Jane Kim, Chemical

Regulation Branch, Re: Cleanup of PCB

Spills Located Indoors (February 5,

1986): 8pp.

21. USEPA, OW. Proceedings of the

EPA’s Contaminated Sediment

Management Strategy Forums

(September 1992): 215pp.

22. USEPA, OPTS, EED, and USEPA,

OSW. Project Summary--PCB, Lead and

Cadmium Levels in Shredder Waste

Materials: A Pilot Study. (EPA 560/5-90-

008A). (April 1991): 14pp.

23. USEPA, Memorandum from Pat

Jennings, Exposure Assessment Branch,

to Denise Keehner, Chief, Chemical

Regulation Branch, Re: Estimates of

Exposure of Humans to PCBs from

Disposal of Fluff (August 16, 1988):

21pp.

24. USEPA, OGC. Memorandum from

Lisa K. Friedman to Pamela A. Hill,

Applicability of the Household Waste

Exclusion to Lead-Contaminated Soil

(March 7, 1995): 6pp.

25. USEPA, OSWER. Letter from

Michael Shapiro to Mark Veckman,

Comprehensive Environmental

Assessment, Status of (Household)

Waste Generated from Abatement of

Lead-Based Paint (May 24, 1994): 3pp.

26. U.S. Army, U.S. Army Corps of

Engineers, Directorate of Civil Works.

Letter from John P. D’Aniello, Acting

Director of Civil Works, to RCRA Docket

Information Center, OW, EPA (August

28, 1996): 7pp.

27. National Association of Corrosion

Engineers (NACE). ‘‘Standard Test

Method, Visual Standard for Surfaces of

New Steel Centrifugally Blast Cleaned

with Steel Grit and Shot.’’ TM0175-75

(1981): 5pp.

28. U.S. Navy, Puget Sound Naval

Shipyard. Electronic mail from Peggy

Sue Jones to John H. Smith, USEPA.

Subject: NACE standards for cleanliness

of blasted metal surfaces (January 26,

1998): 2pp.

29. Midwest Research Institute. Letter

from K. Boggess to J. Smith, Chemical

Regulations Branch, EED, OPTS,

USEPA, Subject: ‘‘PCB surface

decontamination experiments using

kerosene,’’ EPA Contract No. 68-DO0137, MRI Project No. 9801-A, Work

Assignment No. 30, (June 25, 1992):

4pp.

30. Nishioka, M. and Hines, C. ‘‘Final

Report for Work Assignment 1-9,

Technical Support for PCB Disposal

Rulemaking’’ (undated): 10pp.

31. USEPA, OGC. Letter from J.C.

Nelson, to F.S. Blake, Swidler Berlin,

Chartered, counsel for General Motors

Corporation and Chrysler Corporation.

Subject: Petition for review of the PCB

manifest rule (December 20, 1990): 3pp.

32. USEPA, OGC. Letter from J.C.

Nelson to M. Edgar of Piper Marbury,

counsel for Chemical Waste

Management, Inc. Subject: Petition for

review re: PCB Notification and

Manifesting Rule; Correction; dated June

27, 1990, (March 1, 1991): 2pp.

33. USEPA. Memorandum from Gregg

Schweer, Exposure Assessment Branch,

to Jane Kim, Chemical Regulation

Branch, Re: Conservative Estimates of

Potential Exposures of PCBs Resulting

from Spills of One Pound of PCBs in

Mineral Oil or Askaral Fluid. (October

24, 1986): 14pp.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35433

34. USEPA, OSWER. ‘‘Soil Screening

Guidance Technical Background

Document’’ EPA/540/R-95/128. (May

1996): 168 pp. (plus appendices).

VIII. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

OMB has determined that this is an

‘‘economically significant regulatory

action’’ under section 3(f)(1) of the

Executive Order. OMB has made this

determination because the net annual

economic impact of this rule is

estimated to result in a potential total

annual cost savings of between $178.1

million and $736.1 million. This action

was submitted to OMB for review, and

any changes made in response to OMB

comments are available for review in the

docket.

In support of the cost saving

amendments contained in this final

rule, EPA has conducted a thorough cost

assessment of the estimated costs and

cost savings associated with the

provisions presented in the proposed

rule, and those contained in the final

rule. The cost assessment for the final

rule is presented in a document entitled

Cost Impacts of the Final Regulation

Amending the PCB Disposal Regulations

at 40 CFR Part 761, a copy of which is

available in the docket for this rule. In

addition, the Agency has also prepared

a risk assessment, entitled Assessment

of Risks Associated with the PCB

Disposal Amendments, which

summarizes the risks associated with

the amendments provisions and upon

which the Agency’s findings of no

unreasonable risks are based.

Although resulting in significant cost

savings, these amended provisions will

not reduce the benefits associated with

the protection of human health and the

environment afforded through the

original regulation, which are

summarized in Unit II.D. of this

preamble. EPA has determined,

therefore, that there is no need to revise

the benefits analysis prepared for the

original rule. In addition, since these

amendments reduce the overall costs

and burdens associated with the

existing program requirements, it is not

necessary in this case to conduct an

extensive quantitative analysis of all the

potential alternatives. The Agency has

therefore conducted the necessary

assessments in compliance with

Executive Order 12866. The following is

a brief summary of the cost assessment

prepared for the final rule.

The net economic impact of the final

regulation is a cost savings that will be

distributed widely throughout the

economy. In estimating cost savings, the

final regulation was compared to two

cost baselines, except for requirements

related to the disposal of PCBContaminated ship hulls, in which case

the Agency considered a third baseline.

The first baseline is based on the costs

derived from EPA policy as it has

evolved in response to PCB waste

handling issues, while the second

baseline reflects a literal interpretation

of the existing regulation. To estimate

the costs associated with the disposal of

PCB-Contaminated ship hulls, EPA has

added a third baseline to reflect the

special circumstances surrounding this

activity. The Agency used these

baselines in its assessment of costs for

this rule because it is important to

recognize the regulatory impact of

changes that have resulted from the

subsequent issuance of official Agency

policy. In either case, the cost

assessment indicates that the final

regulation will generate a net cost

savings when compared to either

baseline, although the savings are

substantially higher for the existing

regulation baseline. The net, annual cost

savings are $148.1 million when using

the special circumstances baseline,

$178.1 million using the EPA policy

baseline, and $736.1 million using the

existing regulation baseline.

Significant cost savings result from

changes to the disposal requirements for

PCB remediation waste. EPA will now

allow wider latitude in selecting

disposal methods for PCB remediation

wastes, resulting in a lowering of

disposal costs, and producing a cost

savings estimated at approximately

$80.5 million/year. EPA is also creating

disposal requirements for PCB bulk

product waste. This provision, which

affects primarily generators of

automobile shredder wastes and

building demolition wastes, disposal of

ship hulls, and PCB-Contaminated

porous surfaces, generates savings of

$593.4 million/year relative to the

existing regulation. The savings relative

to EPA policy are much smaller ($98.4

million/year) because EPA policy has

allowed disposal of automobile

shredder fluff as municipal solid waste.

The annual savings for the disposal of

ship hulls using the special

circumstances baseline is also lower

($68.4 million) because the Navy is

already disposing of ship hulls in a

manner consistent with this rule.

Several provisions will affect electric

utilities and industrial and

nonindustrial entities that own PCBContaminated Electrical Equipment and

generate PCB waste. The largest cost

item is that for training industry

personnel about the numerous new

provisions of the final regulation. The

first-year costs of this training are

estimated at $6.5 million. Annualized

over 10 years, this estimated cost is

approximately $9.8 million per year.

Numerous other items generate much

smaller costs or cost savings. Costgenerating provisions include

requirements for transformer

registration, records of inspections and

PCB cleanup activities, and storage for

reuse. Savings-generating provisions

include those that reduce the

administrative burdens for obtaining

approvals to decontaminate equipment,

requirements for disposal of fluorescent

light ballasts, and temporary storage of

liquid PCBs.

The following table provides

aggregate annual costs and cost savings

estimates.

Aggregate Costs and Cost Savings ($Millions Per Year)

Baseline Assumption:

Special Circumstances EPA Policy Existing Regulation

Compliance Costsa 13.0 13.0 13.0

Cost Savings 161.1 191.1 749.1

Net Cost Savings 148.1 178.1 736.1

aCompliance costs are identical regardless

of the baseline used. All regulatory

amendments generating compliance costs are

entirely new. Totals do not add due to

rounding.

B. Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601
35434 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

et seq.), the Agency hereby certifies that

this regulatory action will not have a

significant economic impact on a

substantial number of small entities.

Information relating to this

determination has been provided to the

Chief Counsel for Advocacy of the Small

Business Administration, and is

included in the docket for this

rulemaking.

The compliance costs and cost

savings were distributed among the

affected sectors (e.g., electric utility and

non-utility entities, entities with PCB

ballasts from fluorescent light fixtures,

and entities operating natural gas

pipelines) to identify the economic

impacts throughout the economy. Most

provisions will affect electric utilities

and non-utility owners of PCBContaminated equipment or materials.

Training costs represent the largest cost

elements, and are annualized at

approximately $9.8 million per year.

Several cost savings also accrue to

owners of PCB-Contaminated Electrical

Equipment.

The net compliance costs (excluding

the savings for PCB remediation waste)

were distributed among utilities in the

electric utility industry based on

estimates regarding the share of PCB

and PCB-Contaminated equipment

owned by utilities. Ownership of such

equipment was judged to be the best

possible proxy for the distribution of

compliance costs and cost savings by

industry. In order to develop a

conservative estimate of regulatory

impacts on industry, the savings from

remediation wastes were excluded in

these calculations since savings from

remediation wastes will be distributed

very unevenly among firms.

Net compliance costs were distributed

to entities in the electric utility industry

based on the share of PCB and PCBContaminated equipment owned by

utilities. Costs were further distributed

to utilities based on the relative

magnitude of electricity sales (in

megawatt-hours) among various groups

of utilities. Per entity compliance costs

for small private utilities are estimated

at $137 or 0.006% of revenues, while

compliance costs for small public

utilities were estimated at $36 or

0.006% of revenues. With the

exclusions of certain cost saving items,

as described above, the net compliance

costs are quite small. They represent a

negligible percentage of revenues for the

affected industries. While savings will

be distributed among electric utilities

and industry, data are not sufficient to

distribute these savings in detail by

industry.

C. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been submitted for approval to OMB

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq., and in

accordance with the procedures at 5

CFR 1320.11. An Information Collection

Request (ICR) document has been

prepared by EPA (EPA ICR No.1729.02)

and a copy may be obtained from Sandy

Farmer, OPPE Regulatory Information

Division, U.S. Environmental Protection

Agency (2137), 401 M St., SW.,

Washington, DC 20460, by calling (202)

260-2740, or electronically by sending

an e-mail message to

‘‘farmer.sandy@epamail.epa.gov.’’ An

electronic copy has also been posted

with the Federal Register notice on

EPA’s homepage with other information

related to this action.

The information requirements

contained in this rule are not effective

until OMB approves them. An Agency

may not conduct or sponsor, and a

person is not required to respond to a

collection of information subject to

OMB approval under the PRA unless it

displays a currently valid OMB control

number. The OMB control numbers for

EPA’s regulations, after initial

publication in the Federal Register, are

maintained in a list at 40 CFR part 9.

Upon OMB’s approval, the Agency will

publish a notice in the Federal Register

to announce the OMB action and to

ensure that any necessary changes are

made to the list of OMB control

numbers for EPA’s regulations.

This information collection includes

both reporting and recordkeeping

requirements that are associated with

the management of PCBs, PCB Items,

and PCB waste. These reporting and

recordkeeping requirements were

implemented to ensure the Agency is

knowledgeable of ongoing PCB activities

(e.g., who, what, where) and that

individuals using or disposing of PCBs

are held accountable for their activities

and can demonstrate compliance with

the PCB provisions at 40 CFR part 761.

EPA will use this information to ensure

PCBs are managed in an

environmentally safe manner and that

activities are being conducted in

compliance with the PCB regulations.

Data collected under the transformer

registration program ultimately will be

provided to the EPA Regional Offices

and other environmental offices, on an

as requested basis (e.g., State

environmental agencies, fire response

personnel, etc.). Some data will be used

to evaluate whether an unreasonable

risk of injury to health or the

environment will ensue from the

respondents’ PCB activities. Some data

will be used to supplement the Office of

Pollution Prevention and Toxics’

(OPPT) data base on the identity and

location of individuals who engage in

PCB waste handling activities. Many of

these requirements are triggered only by

an individual’s need to address a

particular PCB scenario, while other

requirements apply to the universe of

individuals who use, process, distribute

in commerce, or dispose of PCBs.

EPA anticipates that no one

individual would be subject to all of the

requirements contained in this rule.

Responses to the collection of

information are mandatory (see 40 CFR

part 761). The burden to respondents for

complying with this information

collection is estimated to total 1,786,153

hours per year, with an annual cost of

$78,422,831 which includes

$20,819,000 for the acquisition of

training services unaffiliated with

specific respondent hours. Cost without

training services is $57,603,831. These

totals are based on an average burden

range of 15 minutes to 550 hours per

response for an estimated 68,079

respondents submitting 24 reports, and

an average burden range of 50 minutes

to 60 hours for an estimated 395,409

respondents maintaining required

records.

Under the PRA, ‘‘burden’’ means the

total time, effort, or financial resources

expended by persons to generate,

maintain, retain, or disclose or provide

information to or for a Federal agency.

This includes the time needed to review

instructions; develop, acquire, install,

and utilize technology and systems for

the purposes of collecting, validating,

and verifying information, processing

and maintaining information, and

disclosing and providing information;

adjust the existing ways to comply with

any previously applicable instructions

and requirements; train personnel to be

able to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Send any comments on the burden

estimates and any suggested methods

for minimizing respondent burden,

including through the use of automated

collection techniques within 30 days to

EPA at the address provided above, with

a copy to the Office of Information and

Regulatory Affairs, Office of

Management and Budget, 725 17th St.,

NW., Washington, DC 20503, marked

‘‘Attention: Desk Officer for EPA.’’

Please remember to include the ICR

number in any correspondence.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35435

D. Unfunded Mandates Reform Act and

Executive Order 12875

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995 (Pub. L.

104-4), EPA has determined that this

regulatory action does not contain any

‘‘unfunded mandates,’’ as described by

the Act, for State, local or tribal

governments, or the private sector. Nor

does this action result in the

expenditure of $100 million or more by

any State, local, or tribal governments,

or by anyone in the private sector.

Furthermore, no nonfederal

governmental inspections or activities

are required under the final regulation.

The relevant costs associated with this

regulation are described in the

Executive Order 12866 section above.

Therefore, this action is not subject to

the requirements of UMRA, or require

special consultation under Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993).

E. Executive Order 12898

Pursuant to Executive Order 12898,

entitled Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), the Agency has considered

environmental justice-related issues

with regard to the potential impacts of

this action on the environmental and

health conditions in low-income and

minority communities. As the Executive

Order states, each Federal agency is

required to ‘‘analyze the environmental

effects, including human health,

economic and social effects, of Federal

actions, including effects on minority

communities and low-income

communities. . . .’’ Accordingly, EPA

examined the impact of the PCB

disposal amendments on the geographic

distribution of PCB management

activities, relative to the socioeconomic

characteristics of the surrounding

communities. The final regulation

affects the use, maintenance, storage,

handling, and disposal of PCB Articles.

None of the areas it covers, however,

will influence the socioeconomic equity

of actual or potential environmental

exposures to PCB wastes. Several

aspects of the regulation, pertinent to

this issue, are discussed below.

The final regulation will affect the

manner in which electric utilities and

other industrial entities maintain and

store PCB-Contaminated equipment.

These activities will occur

predominantly at existing utility and

industrial locations where they will

represent a very minor portion of the

facility activities. The impending

changes, which are designed to reduce

potential work and environmental

exposures, will not influence the

geographic distribution of these

activities. Further, the changes are

unlikely to cause job activities to be

redistributed among utility and

industrial workers. The changes should

also produce a net decrease in risk to

the affected workers. In any case, there

is no apparent avenue through which

these changes might affect

environmental justice considerations.

The final regulation will influence the

disposal of PCB-Contaminated wastes

but does not directly affect the siting of

PCB management facilities. While the

regulation will allow possible shifts in

how PCBs are disposed among facilities,

there is no direct influence on the

location of such operations, and,

therefore, no impact on the

socioeconomic distribution of exposure

risks.

The final regulation will allow PCB

wastes to be handled at a wider range

of facilities, including RCRA facilities,

than under existing regulations. The

final regulation will also allow low

concentration PCB wastes to be

disposed of in municipal solid waste

facilities. In any case, the regulation

might have a slight influence on the mix

of wastes disposed of at these various

facilities but will not otherwise affect

the operation or maintenance of those

facilities.

A recent report by the U.S. General

Accounting Office entitled Hazardous

and Nonhazardous Waste:

Demographics of People Living Near

Waste Facilities (1995) reviewed

environmental justice research studies,

and reached no definitive conclusion on

whether existing RCRA facilities and

other hazardous waste sites are located

disproportionately in poor or minority

neighborhoods. Studies that focused on

commercial RCRA facilities (excluding

Superfund and other uncontrolled

hazardous waste sites, which are less

relevant to this analysis) also did not

find these facilities to be

disproportionately located in poor or

minority neighborhoods.

Based on the final rule’s lack of

influence on waste facility siting or the

socioeconomic distribution of waste

handling activities, EPA concludes that

the final rule has no impact on

environmental justice.

F. Executive Order 13045

This action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997), because this action was

initiated and the Notice of Proposed

Rulemaking for this action published

prior to the date of the order. Under

section 2-202 of the Executive Order,

the order only applies to those

regulatory actions initiated after the date

of the order or for which a Notice of

Proposed Rulemaking is published 1

year after the date of the order. In any

case, although OMB has determined that

this is an economically significant

action (see Unit VIII.A. above), this

regulatory action does not involve any

environmental health or safety risks that

the Agency has reason to believe may

disproportionately affect children. In

fact, the substantial net cost savings that

are generated by the final rule, will not

reduce the benefits associated with the

protection of human health or the

environment afforded through the

original regulation.

G. National Technology Transfer and

Advancement Act (NTTAA)

Under section 12(d) of the National

Technology Transfer and Advancement

Act (NTTAA), (15 U.S.C. 272 note) the

Agency is required to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures,

business practice, etc.) which are

developed or adopted by voluntary

consensus standard bodies. Where

available and potentially applicable

voluntary consensus standards are not

used by EPA, the Act requires the

Agency to provide Congress, through

OMB, an explanation of the reasons for

not using such standards.

Although the PCB program has

historically used, and continues to rely

on, standards that have been developed

under a voluntary consensus process,

today’s final rule imposes procedures

that must be used in order to abandon

PCB articles, as well as for sampling,

site characterization, validation of

decontamination efforts, and the

disposal of various PCB wastes. The

disposal options contained in this rule

are much more flexible than those that

currently exist. Given this level of

flexibility, EPA must ensure that the

ultimate disposal options which are

selected by regulated entities are

utilized in a manner that is protective of

health and the environment. As a result,

EPA is promulgating the procedures and

requirements in subparts M through Q

of this rule to ensure consistency in

both the way disposal determinations

are made and in the manner in which

similar PCB wastes are disposed of.

These requirements were subject to the
35436 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

notice and comment process which is

prescribed by the Administrative

Procedures Act. All comments were

reviewed and the requirements of

subparts M through Q were modified as

a result of EPA’s consideration of those

comments. A discussion of some of the

changes that were made appears in

Units IV.E.4., 8. and 9. of the preamble

to this rule.

H. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects

40 CFR Part 750

Environmental protection,

Administrative practice and procedure,

Chemicals, Hazardous substances.

40 CFR Part 761

Environmental protection, Hazardous

substances, Labeling, Polychlorinated

biphenyls (PCBs), Reporting and

recordkeeping requirements.

Dated: June 18, 1998.

Carol M. Browner,

Administrator.

Therefore, 40 CFR chapter I is

amended as follows:

PART 750—[AMENDED]

1. In part 750:

a. The authority citation for part 750

continues to read as follows:

Authority: 15 U.S.C. 2605.

§ 750.31 [Amended]

b. In § 750.31(c)(9) introductory text

and (c)(9)(vii), by revising the references

to ‘‘paragraphs (d)(1) through (8)’’ to

read ‘‘paragraphs (c)(1) through (c)(8)’’.

c. In § 750.31(c)(9)(ii) and (c)(9)(iii),

by revising the references to

‘‘paragraphs (d)(1), (3) and (5)’’ to read

‘‘paragraphs (c)(1), (c)(3), and (c)(5)’’.

PART 761—[AMENDED]

2. In part 761:

a. The authority citation for part 761

continues to read as follows:

Authority: 15 U.S.C. 2605, 2607, 2611,

2614, and 2616.

b. In § 761.1, by revising paragraph (b)

to read as follows:

§ 761.1 Applicability.

* * * * *

(b)(1) This part applies to all persons

who manufacture, process, distribute in

commerce, use, or dispose of PCBs or

PCB Items. Substances that are regulated

by this part include, but are not limited

to: dielectric fluids; solvents; oils; waste

oils; heat transfer fluids; hydraulic

fluids; paints or coatings; sludges;

slurries; sediments; dredge spoils; soils;

materials containing PCBs as a result of

spills; and other chemical substances or

combinations of substances, including

impurities and byproducts and any

byproduct, intermediate, or impurity

manufactured at any point in a process.

(2) Unless otherwise noted, PCB

concentrations shall be determined on a

weight-per-weight basis (e.g., milligrams

per kilogram), or for liquids, on a

weight-per-volume basis (e.g.,

milligrams per liter) if the density of the

liquid is also reported. Unless otherwise

provided, PCBs are quantified based on

the formulation of PCBs present in the

material analyzed. For example,

measure AroclorTM 1242 PCBs based on

a comparison with AroclorTM 1242

standards. Measure individual congener

PCBs based on a comparison with

individual PCB congener standards.

(3) Most provisions in this part apply

only if PCBs are present in

concentrations above a specified level.

Provisions that apply to PCBs at

concentrations of <50 ppm apply also to

contaminated surfaces at PCB

concentrations of ≤10/100 cm2.

Provisions that apply to PCBs at

concentrations of ≥50 to <500 ppm

apply also to contaminated surfaces at

PCB concentrations of >10/100 cm2 to

<100 μg/100 cm2. Provisions that apply

to PCBs at concentrations of ≥500 ppm

apply also to contaminated surfaces at

PCB concentrations of ≥100 μg/100 cm2.

(4) PCBs can be found in liquid, nonliquid and multi-phasic (combinations

of liquid and non-liquid) forms. A

person should use the following criteria

to determine PCB concentrations to

determine which provisions of this part

apply to such PCBs.

(i) Any person determining PCB

concentrations for non-liquid PCBs

must do so on a dry weight basis.

(ii) Any person determining PCB

concentrations for liquid PCBs must do

so on a wet weight basis. Liquid PCBs

containing more than 0.5 percent by

weight non-dissolved material shall be

analyzed as multi-phasic non-liquid/

liquid mixtures.

(iii) Any person determining the PCB

concentration of samples containing

PCBs and non-dissolved non-liquid

materials ≥0.5 percent, must separate

the non-dissolved materials into nonliquid PCBs and liquid PCBs. For multiphasic non-liquid/liquid or liquid/

liquid mixtures, the phases shall be

separated before chemical analysis.

Following phase separation, the PCB

concentration in each non-liquid phase

shall be determined on a dry weight

basis and the PCB concentration in each

liquid phase shall be determined

separately on a wet weight basis.

(iv) Any person disposing of multiphasic non-liquid/liquid or liquid/

liquid mixtures must use the PCB

disposal requirements that apply to the

individual phase with the highest PCB

concentration except where otherwise

noted. Alternatively, phases may be

separated and disposed of using the PCB

disposal requirements that apply to each

separated, single-phase material.

(5) No person may avoid any

provision specifying a PCB

concentration by diluting the PCBs,

unless otherwise specifically provided.

(6) Unless otherwise specified,

references to weights or volumes of

PCBs in this part apply to the total

weight or total volume of the material

(oil, soil, debris, etc.) that contains

regulated concentrations of PCBs, not

the calculated weight or volume of only

the PCB molecules contained in the

material.

* * * * *

c. By adding a new § 761.2 to read as

follows:

§ 761.2 PCB concentration assumptions

for use.

(a)(1) Any person may assume that

transformers with <3 pounds (1.36

kilograms (kgs)) of fluid, circuit

breakers, reclosers, oil-filled cable, and

rectifiers whose PCB concentration is

not established contain PCBs at <50

ppm.

(2) Any person must assume that

mineral oil-filled electrical equipment

that was manufactured before July 2,

1979, and whose PCB concentration is

not established is PCB-Contaminated

Electrical Equipment (i.e., contains ≥50

ppm PCB, but <500 ppm PCB). All poletop and pad-mounted distribution

transformers manufactured before July

2, 1979, must be assumed to be mineraloil filled. Any person may assume that

electrical equipment manufactured after

July 2, 1979, is non-PCB (i.e., <50 ppm
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35437

PCBs). If the date of manufacture of

mineral oil-filled electrical equipment is

unknown, any person must assume it to

be PCB-Contaminated.

(3) Any person must assume that a

transformer manufactured prior to July

2, 1979, that contains 1.36 kg (3 pounds)

or more of fluid other than mineral oil

and whose PCB concentration is not

established, is a PCB Transformer (i.e.,

 ́500 ppm). If the date of manufacture

or the type of dielectric fluid is

unknown, any person must assume the

transformer to be a PCB Transformer.

(4) Any person must assume that a

capacitor manufactured prior to July 2,

1979, whose PCB concentration is not

established contains ≥500 ppm PCBs.

Any person may assume that a capacitor

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

manufacture is unknown, any person

must assume the capacitor contains

≥500 ppm PCBs. Any person may

assume that a capacitor marked at the

time of manufacture with the statement

‘‘No PCBs’’ in accordance with

§ 761.40(g) is non-PCB.

(b) PCB concentration may be

established by:

(1) Testing the equipment; or

(2)(i) A permanent label, mark, or

other documentation from the

manufacturer of the equipment

indicating its PCB concentration at the

time of manufacture; and

(ii) Service records or other

documentation indicating the PCB

concentration of all fluids used in

servicing the equipment since it was

first manufactured.

d. In § 761.3, by revising the

definitions for ‘‘Commercial storer of

PCB waste,’’ ‘‘PCB-Contaminated

Electrical Equipment,’’ ‘‘PCB Item,’’

‘‘PCB Transformer,’’ and paragraph (2)

of ‘‘Qualified Incinerator’’; by removing

the definitions for ‘‘Basel Convention’’

and ‘‘Emergency Situation’’; and by

adding alphabetically 36 definitions to

read as follows:

§ 761.3 Definitions.

* * * * *

Air compressor system means air

compressors, piping, receiver tanks,

volume tanks and bottles, dryers,

airlines, and related appurtenances.

* * * * *

ASTM means American Society for

Testing and Materials, 1916 Race Street,

Philadelphia, PA 19103.

* * * * *

CERCLA means the Comprehensive

Environmental Response,

Compensation, and Liability Act (42

U.S.C. 9601-9657).

* * * * *

Cleanup site means the areal extent of

contamination and all suitable areas in

very close proximity to the

contamination necessary for

implementation of a cleanup of PCB

remediation waste, regardless of

whether the site was intended for

management of waste.

* * * * *

Commercial storer of PCB waste

means the owner or operator of each

facility that is subject to the PCB storage

unit standards of § 761.65(b)(1) or (c)(7)

or meets the alternate storage criteria of

§ 761.65(b)(2), and who engages in

storage activities involving either PCB

waste generated by others or that was

removed while servicing the equipment

owned by others and brokered for

disposal. The receipt of a fee or any

other form of compensation for storage

services is not necessary to qualify as a

commercial storer of PCB waste. A

generator who only stores its own waste

is subject to the storage requirements of

§ 761.65, but is not required to obtain

approval as a commercial storer. If a

facility’s storage of PCB waste generated

by others at no time exceeds a total of

500 gallons of liquid and/or non-liquid

material containing PCBs at regulated

levels, the owner or operator is a

commercial storer but is not required to

seek EPA approval as a commercial

storer of PCB waste. Storage of one

company’s PCB waste by a related

company is not considered commercial

storage. A ‘‘related company’’ includes,

but is not limited to: a parent company

and its subsidiaries; sibling companies

owned by the same parent company;

companies owned by a common holding

company; members of electric

cooperatives; entities within the same

Executive agency as defined at 5 U.S.C.

105; and a company having a joint

ownership interest in a facility from

which PCB waste is generated (such as

a jointly owned electric power

generating station) where the PCB waste

is stored by one of the co-owners of the

facility. A ‘‘related company’’ does not

include another voluntary member of

the same trade association. Change in

ownership or title of a generator’s

facility, where the generator is storing

PCB waste, does not make the new

owner of the facility a commercial storer

of PCB waste.

* * * * *

DOT means the United States

Department of Transportation.

Dry weight means the weight of the

sample, excluding the weight of the

water in the sample. Prior to chemical

analysis the water may be removed by

any reproducible method that is

applicable to measuring PCBs in the

sample matrix at the concentration of

concern, such as air drying at ambient

temperature, filtration, decantation,

heating at low temperature followed by

cooling in the presence of a desiccant,

or other processes or combinations of

processes which would remove water

but not remove PCBs from the sample.

Analytical procedures which calculate

the dry weight concentration by

adjusting for moisture content may also

be used.

* * * * *

Facility means all contiguous land,

and structures, other appurtenances,

and improvements on the land, used for

the treatment, storage, or disposal of

PCB waste. A facility may consist of one

or more treatment, storage, or disposal

units.

* * * * *

High occupancy area means any area

where PCB remediation waste has been

disposed of on-site and where

occupancy for any individual not

wearing dermal and respiratory

protection for a calendar year is: 840

hours or more (an average of 16.8 hours

or more per week) for non-porous

surfaces and 335 hours or more (an

average of 6.7 hours or more per week)

for bulk PCB remediation waste.

Examples could include a residence,

school, day care center, sleeping

quarters, a single or multiple occupancy

40 hours per week work station, a

school class room, a cafeteria in an

industrial facility, a control room, and a

work station at an assembly line.

* * * * *

Liquid PCBs means a homogenous

flowable material containing PCBs and

no more than 0.5 percent by weight nondissolved material.

Low occupancy area means any area

where PCB remediation waste has been

disposed of on-site and where

occupancy for any individual not

wearing dermal and respiratory

protection for a calendar year is: less

than 840 hours (an average of 16.8 hours

per week) for non-porous surfaces and

less than 335 hours (an average of 6.7

hours per week) for bulk PCB

remediation waste. Examples could

include an electrical substation or a

location in an industrial facility where

a worker spends small amounts of time

per week (such as an unoccupied area

outside a building, an electrical

equipment vault, or in the non-office

space in a warehouse where occupancy

is transitory).

* * * * *

Natural gas pipeline system means

natural gas gathering facilities, natural

gas pipe, natural gas compressors,

natural gas storage facilities, and natural

gas pipeline appurtenances (including

instrumentation and vessels directly in

contact with transported natural gas

such as valves, regulators, drips, filter
35438 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

separators, etc., but not including air

compressors).

* * * * *

Non-liquid PCBs means materials

containing PCBs that by visual

inspection do not flow at room

temperature (25 °C or 77 °F) or from

which no liquid passes when a 100 g or

100 ml representative sample is placed

in a mesh number 60 ± 5 percent paint

filter and allowed to drain at room

temperature for 5 minutes.

* * * * *

Non-porous surface means a smooth,

unpainted solid surface that limits

penetration of liquid containing PCBs

beyond the immediate surface.

Examples are: smooth uncorroded

metal; natural gas pipe with a thin

porous coating originally applied to

inhibit corrosion; smooth glass; smooth

glazed ceramics; impermeable polished

building stone such as marble or granite;

and high density plastics, such as

polycarbonates and melamines, that do

not absorb organic solvents.

* * * * *

NTIS means the National Technical

Information Service, U.S. Department of

Commerce, 5285 Port Royal Rd.,

Springfield, VA 22161.

* * * * *

Open burning means the combustion

of any PCB regulated for disposal, in a

manner not approved or otherwise

allowed under subpart D of this part,

and without any of the following:

(1) Control of combustion air to

maintain adequate temperature for

efficient combustion.

(2) Containment of the combustion

reaction in an enclosed device to

provide sufficient residence time and

mixing for complete combustion.

(3) Control of emission of the gaseous

combustion products.

* * * * *

PCB bulk product waste means waste

derived from manufactured products

containing PCBs in a non-liquid state, at

any concentration where the

concentration at the time of designation

for disposal was ≥50 ppm PCBs. PCB

bulk product waste does not include

PCBs or PCB Items regulated for

disposal under § 761.60(a) through (c),

§ 761.61, § 761.63, or § 761.64. PCB bulk

product waste includes, but is not

limited to:

(1) Non-liquid bulk wastes or debris

from the demolition of buildings and

other man-made structures

manufactured, coated, or serviced with

PCBs. PCB bulk product waste does not

include debris from the demolition of

buildings or other man-made structures

that is contaminated by spills from

regulated PCBs which have not been

disposed of, decontaminated, or

otherwise cleaned up in accordance

with subpart D of this part.

(2) PCB-containing wastes from the

shredding of automobiles, household

appliances, or industrial appliances.

(3) Plastics (such as plastic insulation

from wire or cable; radio, television and

computer casings; vehicle parts; or

furniture laminates); preformed or

molded rubber parts and components;

applied dried paints, varnishes, waxes

or other similar coatings or sealants;

caulking; adhesives; paper; Galbestos;

sound deadening or other types of

insulation; and felt or fabric products

such as gaskets.

(4) Fluorescent light ballasts

containing PCBs in the potting material.

* * * * *

PCB Capacitor means any capacitor

that contains ≥500 ppm PCB.

Concentration assumptions applicable

to capacitors appear under § 761.2.

* * * * *

PCB-Contaminated means a nonliquid material containing PCBs at

concentrations ≥50 ppm but <500 ppm;

a liquid material containing PCBs at

concentrations ≥50 ppm but <500 ppm

or where insufficient liquid material is

available for analysis, a non-porous

surface having a surface concentration

>10 μg/100 cm2 but <100 μg/100 cm2,

measured by a standard wipe test as

defined in § 761.123.

PCB-Contaminated Electrical

Equipment means any electrical

equipment including, but not limited to,

transformers (including those used in

railway locomotives and self-propelled

cars), capacitors, circuit breakers,

reclosers, voltage regulators, switches

(including sectionalizers and motor

starters), electromagnets, and cable, that

contains PCBs at concentrations of ≥50

ppm and <500 ppm in the

contaminating fluid. In the absence of

liquids, electrical equipment is PCBContaminated if it has PCBs at >10 μg/

100 cm2 and <100 μg/100 cm2 as

measured by a standard wipe test (as

defined in § 761.123) of a non-porous

surface.

* * * * *

PCB field screening test means a

portable analytical device or kit which

measures PCBs. PCB field screening

tests usually report less than or greater

than a specific numerical PCB

concentration. These tests normally

build in a safety factor which increases

the probability of a false positive report

and decreases the probability of a false

negative report. PCB field screening

tests do not usually provide: an identity

record generated by an instrument; a

quantitative comparison record from

calibration standards; any identification

of PCBs; and/or any indication or

identification of interferences with the

measurement of the PCBs. PCB field

screening test technologies include, but

are not limited to, total chlorine

colorimetric tests, total chlorine x-ray

fluorescence tests, total chlorine

microcoulometric tests, and rapid

immunoassay tests.

PCB household waste means PCB

waste that is generated by residents on

the premises of a temporary or

permanent residence for individuals

(including individually owned or rented

units of a multi-unit construction), and

that is composed primarily of materials

found in wastes generated by consumers

in their homes. PCB household waste

includes unwanted or discarded noncommercial vehicles (prior to

shredding), household items, and

appliances or appliance parts and

wastes generated on the premises of a

residence for individuals as a result of

routine household maintenance by or on

behalf of the resident. Bulk or

commingled liquid PCB wastes at

concentrations of ≥50 ppm, demolition

and renovation wastes, and industrial or

heavy duty equipment with PCBs are

not household wastes.

* * * * *

PCB Item means any PCB Article, PCB

Article Container, PCB Container, PCB

Equipment, or anything that deliberately

or unintentionally contains or has as a

part of it any PCB or PCBs.

* * * * *

PCB/radioactive waste means PCBs

regulated for disposal under subpart D

of this part that also contain source,

special nuclear, or byproduct material

subject to regulation under the Atomic

Energy Act of 1954, as amended, or

naturally-occurring or acceleratorproduced radioactive material.

* * * * *

PCB remediation waste means waste

containing PCBs as a result of a spill,

release, or other unauthorized disposal,

at the following concentrations:

Materials disposed of prior to April 18,

1978, that are currently at

concentrations ≥50 ppm PCBs,

regardless of the concentration of the

original spill; materials which are

currently at any volume or

concentration where the original source

was ≥500 ppm PCB beginning on April

18, 1978, or ≥50 ppm PCB beginning on

July 2, 1979; and materials which are

currently at any concentration if the

PCBs are from a source not authorized

for use under this part. PCB remediation

waste means soil, rags, and other debris

generated as a result of any PCB spill

cleanup, including, but not limited to:

(1) Environmental media containing

PCBs, such as soil and gravel; dredged

materials, such as sediments, settled
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35439

sediment fines, and aqueous decantate

from sediment.

(2) Sewage sludge containing <50

ppm PCBs and not in use according to

§ 761.20(a)(4); PCB sewage sludge;

commercial or industrial sludge

contaminated as the result of a spill of

PCBs including sludges located in or

removed from any pollution control

device; aqueous decantate from an

industrial sludge.

(3) Buildings and other man-made

structures, such as concrete or wood

floors or walls contaminated from a

leaking PCB or PCB-Contaminated

transformer, porous surfaces and nonporous surfaces.

* * * * *

PCB sewage sludge means sewage

sludge as defined in 40 CFR 503.9(w)

which contains ≥50 ppm PCBs, as

measured on a dry weight basis.

* * * * *

PCB Transformer means any

transformer that contains ≥500 ppm

PCBs. For PCB concentration

assumptions applicable to transformers

containing 1.36 kilograms (3 lbs.) or

more of fluid other than mineral oil, see

§ 761.2. For provisions permitting

reclassification of electrical equipment,

including PCB Transformers, containing

≥500 ppm PCBs to PCB-Contaminated

Electrical Equipment, see § 761.30(a)

and (h).

* * * * *

Performance-based organic

decontamination fluid (PODF) means

kerosene, diesel fuel, terpene

hydrocarbons, and terpene

hydrocarbon/alcohol mixtures.

* * * * *

Porous surface means any surface that

allows PCBs to penetrate or pass into

itself including, but not limited to, paint

or coating on metal; corroded metal;

fibrous glass or glass wool; unglazed

ceramics; ceramics with a porous glaze;

porous building stone such as

sandstone, travertine, limestone, or

coral rock; low-density plastics such as

styrofoam and low-density

polyethylene; coated (varnished or

painted) or uncoated wood; concrete or

cement; plaster; plasterboard;

wallboard; rubber; fiberboard;

chipboard; asphalt; or tar paper. For

purposes of cleaning and disposing of

PCB remediation waste, porous surfaces

have different requirements than nonporous surfaces.

* * * * *

Qualified incinerator means one of

the following:

* * * * *

(2) A high efficiency boiler which

complies with the criteria of

§ 761.71(a)(1), and for which the

operator has given written notice to the

appropriate EPA Regional Administrator

in accordance with the notification

requirements for the burning of mineral

oil dielectric fluid under § 761.71(a)(2).

* * * * *

RCRA means the Resource

Conservation and Recovery Act (40

U.S.C. 6901 et seq.).

* * * * *

Research and development (R&D) for

PCB disposal means demonstrations for

commercial PCB disposal approvals,

pre-demonstration tests, tests of major

modifications to previously approved

PCB disposal technologies, treatability

studies for PCB disposal technologies

which have not been approved,

development of new disposal

technologies, and research on chemical

transformation processes including, but

not limited to, biodegradation.

* * * * *

Sewage sludge means sewage sludge

as defined in § 503.9(w) of this chapter

that contains <50 ppm (on a dry weight

basis) PCBs.

* * * * *

Soil washing means the extraction of

PCBs from soil using a solvent,

recovering the solvent from the soil,

separating the PCBs from the recovered

solvent for disposal, and then disposal

or reuse of the solvent.

Standard wipe sample means a

sample collected for chemical extraction

and analysis using the standard wipe

test as defined in § 761.123. Except as

designated elsewhere in part 761, the

minimum surface area to be sampled

shall be 100 cm2.

* * * * *

SW-846 means the document having

the title ‘‘SW-846, Test Methods for

Evaluating Solid Waste,’’ which is

available from either the National

Technical Information Service (NTIS,

U.S. Department of Commerce, 5285

Port Royal Rd., Springfield, VA 22161,

telephone: (703) 487-4650 or the U.S.

Government Printing Office (U.S. GPO,

710 North Capitol St., NW., Washington,

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

* * * * *

TSCA means the Toxic Substances

Control Act (15 U.S.C. 2601 et seq.).

* * * * *

TSCA PCB Coordinated Approval

means the process used to recognize

other Federal or State waste

management documents governing the

storage, cleanup, treatment, and

disposal of PCB wastes. It is the

mechanism under TSCA for

accomplishing review, coordination,

and approval of PCB waste management

activities which are conducted outside

of the TSCA PCB approval process, but

require approval under the TSCA PCB

regulations at 40 CFR part 761.

* * * * *

Unit means a particular building,

structure, or cell used to manage PCB

waste (including, but not limited to, a

building used for PCB waste storage, a

landfill, an industrial boiler, or an

incinerator).

U.S. GPO means the U.S. Government

Printing Office, 710 North Capitol St.,

NW., Washington, DC 20401.

* * * * *

Wet weight means reporting chemical

analysis results by including either the

weight, or the volume and density, of all

liquids.

* * * * *

e. In § 761.19, the table in paragraph

(b), in the second column, by revising

the reference to

‘‘§ 761.60(a)(3)(iii)(B)(6)’’ wherever it

appears to read ‘‘§ 761.71(b)(2)(vi)’’ and

by revising the introductory text of

paragraph (b) to read as follows:

§ 761.19 References.

* * * * *

(b) Incorporation by reference. The

following material is incorporated by

reference, and is available for inspection

at the Office of the Federal Register, 800

North Capitol St., NW., Suite 700,

Washington, DC. These incorporations

by reference were approved by the

Director of the Office of the Federal

Register. These materials are

incorporated as they exist on the date of

approval and a notice of any change in

these materials will be published in the

Federal Register. Copies of the

incorporated material are available for

inspection at the TSCA Nonconfidential

Information Center (7407), Rm. B607,

Northeast Mall, Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Copies of the

incorporated material may be obtained

from the American Society for Testing

and Materials (ASTM), 1916 Race Street,

Philadelphia, PA 19103.

* * * * *

f. Throughout part 761, by revising

the references to ‘‘Director, Chemical

Management Division’’ and ‘‘Director,

CMD,’’ to read ‘‘Director, National

Program Chemicals Division’’.

g. In § 761.20, by revising the section

heading and paragraphs (a)(4), (c)(2),

and (c)(5) to read as follows:

§ 761.20 Prohibitions and exceptions.

* * * * *

(a) * * *

(4) An authorization is not required to

use sewage sludge where the uses are

regulated at parts 257, 258, and 503 of

this chapter. No person may blend or

otherwise dilute PCBs regulated for

disposal, including PCB sewage sludge
35440 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

and sewage sludge not used pursuant to

parts 257, 258, and 503 of this chapter,

for purposes of use or to avoid disposal

requirements under this part. Except as

explicitly provided in subpart D of this

part, no person may dispose of regulated

PCB wastes including, but not limited

to, PCB remediation waste, PCB bulk

product waste, PCBs, and PCB

industrial sludges, into treatment works,

as defined in § 503.9(aa) of this chapter.

* * * * *

(c) * * *

(2) Any person may process and

distribute in commerce for disposal

PCBs at concentrations of ≥50 ppm, or

PCB Items with PCB concentrations of

≥50 ppm, if they comply with the

applicable provisions of this part.

(i) Processing activities which are

primarily associated with and facilitate

storage or transportation for disposal do

not require a TSCA PCB storage or

disposal approval.

(ii) Processing activities which are

primarily associated with and facilitate

treatment, as defined in § 261.10 of this

chapter, or disposal require a TSCA PCB

disposal approval unless they are part of

an existing approval, are part of a selfimplementing activity under § 761.61(a)

or § 761.79(b) or (c), or are otherwise

specifically allowed under subpart D of

this part.

(iii) With the exception of provisions

in § 761.60(a)(2) and (a)(3), in order to

meet the intent of § 761.1(b), processing,

diluting, or otherwise blending of waste

prior to being introduced into a disposal

unit for purposes of meeting a PCB

concentration limit shall be done in

accordance with a TSCA PCB disposal

approval or comply with the

requirements of § 761.79.

(iv) Where the rate of delivering

liquids or non-liquids into a PCB

disposal unit is an operating parameter,

this rate shall be a condition of the

TSCA PCB disposal approval for the

unit when an approval is required.

* * * * *

(5) Decontaminated materials. Any

person may distribute in commerce

equipment, structures, or other liquid or

non-liquid materials that were

contaminated with PCBs ≥50 ppm,

including those not otherwise

authorized for distribution in commerce

under this part, provided that one of the

following applies:

(i) The materials were

decontaminated in accordance with a

TSCA PCB disposal approval issued

under subpart D of this part, with

§ 761.79, or with applicable EPA PCB

spill cleanup policies in effect at the

time of the decontamination.

(ii) If not previously decontaminated,

the materials now meet an applicable

decontamination standard in

§ 761.79(b).

* * * * *

h. Section 761.30 is amended as

follows:

i. Paragraph (a)(1) is amended by

removing (a)(1)(iii)(A) through

(a)(1)(iii)(C)(2)(i), and (a)(1)(iii)(D), and

by redesignating (a)(1)(iii)(C)(2)(ii) and

(a)(1)(iii)(C)(2)(iii) as (a)(1)(iii)(A) and

(a)(1)(iii)(B), respectively; by revising

paragraph (a)(1)(vi); in paragraph

(a)(1)(vii)(C), by revising the phrase

‘‘280/120 volt radial’’ to read ‘‘208/120

volt radial’’; in paragraph (a)(1)(x) by

revising the reference to ‘‘§ 761.60’’ to

read ‘‘subpart D of this part’’; by adding

new paragraphs (a)(1)(xii)(I) and

(a)(1)(xii)(J); in paragraph (a)(1)(xv)

introductory text by revising the

reference to ‘‘§ 761.3’’ to read ‘‘§ 761.2’’;

and by revising paragraph (a)(1)(xv)(D).

ii. Paragraph (b) is amended by

revising paragraph (b)(1) and by

removing paragraph (b)(2)(ii) and

redesignating paragraphs (b)(2)(iii)

through (b)(2)(vii) as (b)(2)(ii) through

(b)(2)(vi), respectively.

iii. By revising paragraphs (c), (d), (e),

(h)(1)(ii), (i), (j), (k) and (p); removing

and reserving paragraphs (g), (n), and

(o); and adding paragraphs (h)(1)(iii),

(q), (r), (s), (t), and (u).

The revisions and additions read as

follows:

§ 761.30 Authorizations.

(a) * * *

(1) * * *

(vi)(A) No later than December 28,

1998 all owners of PCB Transformers,

including those in storage for reuse,

must register their transformers with the

Environmental Protection Agency,

National Program Chemicals Division,

Office of Pollution Prevention and

Toxics (7404), 401 M St., SW.,

Washington, DC 20460. This registration

requirement is subject to the limitations

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

(1) A transformer owner who assumes

a transformer is a PCB-Contaminated

transformer, and discovers after

December 28, 1998 that it is a PCBTransformer, must register the newlyidentified PCB Transformer, in writing,

with the Environmental Protection

Agency no later than 30 days after it is

identified as such. This requirement

does not apply to transformer owners

who have previously registered with the

EPA PCB Transformers located at the

same address as the transformer that

they assumed to be PCB-Contaminated

and later determined to be a PCB

Transformer.

(2) A person who takes possession of

a PCB Transformer after December 28,

1998 is not required to register or reregister the transformer with the EPA.

(B) Any person submitting a

registration under this section must

include:

(1) Company name and address.

(2) Contact name and telephone

number.

(3) Address where these transformers

are located. For mobile sources such as

ships, provide the name of the ship.

(4) Number of PCB Transformers and

the total weight in kilograms of PCBs

contained in the transformers.

(5) Whether any transformers at this

location contain flammable dielectric

fluid (optional).

(6) Signature of the owner, operator,

or other authorized representative

certifying the accuracy of the

information submitted.

(C) A transformer owner must retain

a record of each PCB Transformer’s

registration (e.g., a copy of the

registration and the return receipt

signed by EPA) with the inspection and

maintenance records required for each

PCB Transformer under paragraph

(a)(1)(xii)(I) of this section.

(D) A transformer owner must comply

with all requirements of paragraph

(a)(1)(vi)(A) of this section to continue

the PCB-Transformer’s authorization for

use, or storage for reuse, pursuant to this

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

* * * * *

(xii) * * *

(I) Record of the registration of PCB

Transformer(s).

(J) Records of transfer of ownership of

a PCB Item (excluding intact nonleaking small capacitors) with a PCB

concentration of ≥500 ppm, when

records are not maintained in

compliance with § 761.180(a)(2).

* * * * *

(xv) * * *

(D) Register the PCB Transformer in

writing with the building owner within

30 days of discovery.

* * * * *

(b) * * *

(1) Use restrictions. After July 1, 1986,

use of railroad transformers that contain

dielectric fluids with a PCB

concentration >1,000 ppm is prohibited.

* * * * *

(c) Use in mining equipment. After

January 1, 1982, PCBs may be used in

mining equipment only at a

concentration level of <50 ppm.

(d) Use in heat transfer systems. After

July 1, 1984, PCBs may be used in heat

transfer systems only at a concentration

level of < 50 ppm. Heat transfer systems

that were in operation after July 1, 1984,

with a concentration level of <50 ppm

PCBs may be serviced to maintain a

concentration level of <50 ppm PCBs.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35441

Heat transfer systems may only be

serviced with fluids containing <50 ppm

PCBs.

(e) Use in hydraulic systems. After

July 1, 1984, PCBs may be used in

hydraulic systems only at a

concentration level of <50 ppm.

Hydraulic systems that were in

operation after July 1, 1984, with a

concentration level of <50 ppm PCBs

may be serviced to maintain a

concentration level of <50 ppm PCBs.

Hydraulic systems may only be serviced

with fluids containing <50 ppm PCBs.

* * * * *

(g) [Reserved]

(h) * * *

(1) * * *

(ii) Use and storage for reuse of

voltage regulators which contain 1.36

kilograms (3 lbs) or more of dielectric

fluid with a PCB concentration of ≥500

ppm are subject to the following

provisions:

(A) The owner of the voltage regulator

must mark its location in accordance

with § 761.40.

(B) If a voltage regulator is involved

in a fire-related incident, the owner

must immediately report the incident to

the National Response Center (Toll-free:

1–800–424–8802; in Washington, DC:

202–426–2675). A fire-related incident

is defined as any incident that involves

the generation of sufficient heat and/or

pressure, by any source, to result in the

violent or non-violent rupture of the

voltage regulator and the release of

PCBs.

(C) The owner of the voltage regulator

must inspect it in accordance with the

requirements of paragraphs (a)(1)(ix),

(a)(1)(xiii), and (a)(1)(xiv) of this section

that apply to PCB Transformers.

(D) The owner of the voltage regulator

must comply with the recordkeeping

and reporting requirements at § 761.180.

(iii) The owner of a voltage regulator

that assumes it contains <500 ppm PCBs

as provided in § 761.2, and discovers by

testing that it is contaminated at ≥500

ppm PCBs, must comply with paragraph

(h)(1)(ii)(A) of this section 7 days after

the discovery, and paragraphs

(h)(1)(ii)(B), (h)(1)(ii)(C), and (h)(1)(ii)(D)

of this section immediately upon

discovery.

* * * * *

(i) Use and reuse of PCBs in natural

gas pipeline systems; use and reuse of

PCB-Contaminated natural gas pipe and

appurtenances. (1)(i) PCBs are

authorized for use in natural gas

pipeline systems at concentrations <50

ppm.

(ii) PCBs are authorized for use, at

concentrations ≥50 ppm, in natural gas

pipeline systems not owned or operated

by a seller or distributor of natural gas.

(iii)(A) PCBs are authorized for use, at

concentrations ≥50 ppm, in natural gas

pipeline systems owned or operated by

a seller or distributor of natural gas, if

the owner or operator:

(1) Submits to EPA, upon request, a

written description of the general nature

and location of PCBs ≥50 ppm in their

natural gas pipeline system. Each

written description shall be submitted

to the EPA Regional Administrator

having jurisdiction over the segment or

component of the system (or the

Director, National Program Chemicals

Division, Office of Prevention,

Pesticides, and Toxic Substances, if the

system is contaminated in more than

one region).

(2) Within 120 days after discovery of

PCBs ≥50 ppm in natural gas pipeline

systems, or by December 28, 1998,

whichever is later, characterizes the

extent of PCB contamination by

collecting and analyzing samples to

identify the upstream and downstream

end points of the segment or component

where PCBs ≥50 ppm were discovered.

(3) Within 120 days of

characterization of the extent of PCB

contamination, or by December 28,

1998, whichever is later, samples and

analyzes all potential sources of

introduction of PCBs into the natural

gas pipeline system for PCBs ≥50 ppm.

Potential sources include natural gas

compressors, natural gas scrubbers,

natural gas filters, and interconnects

where natural gas is received upstream

from the most downstream sampling

point where PCBs ≥50 ppm were

detected; potential sources exclude

valves, drips, or other small liquid

condensate collection points.

(4) Within 1 year of characterization

of the extent of PCB contamination,

reduces all demonstrated sources of

PCBs ≥50 ppm to <50 ppm, or removes

such sources from the natural gas

pipeline system; or implements other

engineering measures or methods to

reduce PCB levels to <50 ppm and to

prevent further introduction of PCBs

≥50 ppm into the natural gas pipeline

system (e.g., pigging, decontamination,

in-line filtration).

(5) Repeats sampling and analysis at

least annually where PCBs are ≥50 ppm,

until sampling results indicate the

natural gas pipeline segment or

component is <50 ppm PCB in two

successive samples with a minimum

interval between samples of 180 days.

(6) Marks aboveground sources of PCB

liquids in natural gas pipeline systems

with the ML Mark in accordance with

§ 761.45(a), where such sources have

been demonstrated through historical

data or recent sampling to contain PCBs

≥50 ppm.

(B) Owners or operators of natural gas

pipeline systems which do not include

potential sources of PCB contamination

as described in paragraph (i)(1)(iii)(A)(3)

of this section containing ≥50 ppm PCB

are not subject to paragraphs

(i)(1)(iii)(A)(2), (i)(1)(iii)(A)(3),

(i)(1)(iii)(A)(4), or (i)(1)(iii)(A)(6) of this

section. Owners or operators of these

systems, however, must comply with

the other provisions of this section (e.g.,

sampling of any collected PCB liquids

and recordkeeping).

(C) The owner or operator of a natural

gas pipeline system must document in

writing all data collected and actions

taken, or not taken, pursuant to the

authorization in paragraph (i)(1)(iii)(A)

of this section. They must maintain the

information for 3 years after the PCB

concentration in the component or

segment is reduced to <50 ppm, and

make it available to EPA upon request.

(D) The Director, National Program

Chemicals Division, after consulting

with the appropriate EPA Region(s)

may, based on a finding of no

unreasonable risk, modify in writing the

requirements of paragraph (i)(1)(iii)(A)

of this section, including extending any

compliance date, approving alternative

formats for documentation, waiving one

or more requirements for a segment or

component, requiring sampling and

analysis, and requiring implementation

of engineering measures to reduce PCB

concentrations. EPA will make such

modifications based on the natural gas

pipeline system size, configuration, and

current operating conditions; nature,

extent or source of contamination;

proximity of contamination to endusers; or previous sampling, monitoring,

remedial actions or documentation of

activities taken regarding compliance

with this authorization or other

applicable Federal, State, or local laws

and regulations. The Director, National

Program Chemicals Division, may

delegate the authority described in this

paragraph, upon request, to the

appropriate EPA Region.

(E) The owner or operator of a natural

gas pipeline system may use historical

data to fulfill the requirements of

paragraphs (i)(1)(iii)(A)(1),

(i)(1)(iii)(A)(2) and (i)(1)(iii)(A)(3) of this

section. They may use documented

historical actions taken to reduce PCB

concentrations in known sources;

decontaminate components or segments

of natural gas pipeline systems; or

otherwise to reduce PCB levels to fulfill

the requirements of paragraph

(i)(1)(iii)(A)(4) of this section.

(2) Any person may reuse PCBContaminated natural gas pipe and

appurtenances in a natural gas pipeline
35442 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

system, provided all free-flowing liquids

have been removed.

(3) Any person may use PCBContaminated natural gas pipe, drained

of all free-flowing liquids, in the

transport of liquids (e.g., bulk

hydrocarbons, chemicals, petroleum

products, or coal slurry), as casing to

provide secondary containment or

protection (e.g., protection for electrical

cable), as industrial structural material

(e.g., fence posts, sign posts, or bridge

supports), as temporary flume at

construction sites, as equipment skids,

as culverts under transportation systems

in intermittent flow situations, for

sewage service with written consent of

the Publicly Owned Treatment Works

(POTW), for steam service, as irrigation

systems (<20 inch diameter) of less than

200 miles in length, and in a totally

enclosed compressed air system.

(4) Any person characterizing PCB

contamination in natural gas pipe or

natural gas pipeline systems must do so

by analyzing liquids collected at

existing condensate collection points in

the pipe or pipeline system. The level

of PCB contamination found at a

collection point is assumed to extend to

the next collection point downstream.

Any person characterizing multi-phasic

liquids must do so in accordance with

§ 761.1(b)(4); if no liquids are present,

they must use standard wipe samples in

accordance with subpart M of this part.

(5)(i) Any person disposing of liquids

containing PCBs ≥50 ppm removed,

spilled, or otherwise released from a

natural gas pipeline system must do so

in accordance with § 761.60(a) based on

the PCB concentration at the time of

removal from the system. Any person

disposing of materials contaminated by

spills or other releases of PCBs ≥50 ppm

from a natural gas pipeline systems,

must do so in accordance with §§ 761.61

or 761.79, as applicable.

(ii) Any person who markets or burns

for energy recovery liquids containing

PCBs at concentrations <50 ppm PCBs at

the time of removal from a natural gas

pipeline system must do so in

accordance with the provisions

pertaining to used oil at § 761.20(e). No

other use of liquid containing PCBs at

concentrations above the quantifiable

level/level of detection removed from a

natural gas pipeline system is

authorized.

(j) Research and development. For

purposes of this section, authorized

research and development (R&D)

activities include, but are not limited to:

the chemical analysis of PCBs,

including analyses to determine PCB

concentration; determinations of the

physical properties of PCBs; studies of

environmental transport processes;

studies of biochemical transport

processes; studies of effects of PCBs on

the environment; and studies of the

health effects of PCBs, including direct

toxicity and toxicity of metabolic

products of PCBs. Authorized R&D

activities do not include research,

development, or analysis for the

development of any PCB product. Any

person conducting R&D activities under

this section is also responsible for

determining and complying with all

other applicable Federal, State, and

local laws and regulations. Although the

use of PCBs and PCBs in analytical

reference samples derived from waste

material is authorized in conjunction

with PCB-disposal related activities,

R&D for PCB disposal (as defined under

§ 761.3) is addressed in § 761.60(j). PCBs

and PCBs in analytical reference

samples derived from waste materials

are authorized for use, in a manner

other than a totally enclosed manner,

provided that:

(1) They obtain the PCBs and PCBs in

analytical reference samples derived

from waste materials from sources

authorized under § 761.80 to

manufacture, process, and distribute

PCBs in commerce and the PCBs are

packaged in compliance with the

Hazardous Materials Regulations at 49

CFR parts 171 through 180.

(2) They store all PCB wastes resulting

from R&D activities (e.g., spent

laboratory samples, residuals,

contaminated media such as clothing,

etc.) in compliance with § 761.65(b) and

dispose of all PCB wastes in compliance

with § 761.64.

(3) They use manifests, pursuant to

subpart K of this part, for all R&D PCB

wastes being transported from the R&D

facility to a commercial storer and/or a

disposal facility. However, no manifests

are required if the residuals or unused

analytical reference samples of PCB

waste material are returned either to the

physical location where the samples

were collected or a location where other

regulated PCBs from the physical

location where the samples were

collected are being stored for disposal.

(4) No person may manufacture,

process, or distribute in commerce PCBs

for research and development unless

they have been granted an exemption to

do so under TSCA section 6(e)(3)(B).

(k) Use in scientific instruments. PCBs

may be used indefinitely in scientific

instruments, for example, in oscillatory

flow birefringence and viscoelasticity

instruments for the study of the physical

properties of polymers, as microscopy

mounting fluids, as microscopy

immersion oil, and as optical liquids in

a manner other than a totally enclosed

manner. No person may manufacture,

process, or distribute in commerce PCBs

for use in scientific instruments unless

they have been granted an exemption to

do so under TSCA section 6(e)(3)(B).

* * * * *

(n)—(o) [Reserved]

(p) Continued use of porous surfaces

contaminated with PCBs regulated for

disposal by spills of liquid PCBs. (1)

Any person may use porous surfaces

contaminated by spills of liquid PCBs at

concentrations >10 μg/100 cm2 for the

remainder of the useful life of the

surfaces and subsurface material if the

following conditions are met:

(i) The source of PCB contamination

is removed or contained to prevent

further release to porous surfaces.

(ii) If the porous surface is accessible

to superficial surface cleaning:

(A) The double wash rinse procedure

in subpart S of this part is conducted on

the surface to remove surface PCBs.

(B) The treated surface is allowed to

dry for 24 hours.

(iii) After accessible surfaces have

been cleaned according to paragraph

(p)(1)(ii) of this section and for all

surfaces inaccessible to cleanup:

(A) The surface is completely covered

to prevent release of PCBs with:

(1) Two solvent resistant and water

repellent coatings of contrasting colors

to allow for a visual indication of wear

through or loss of outer coating

integrity; or

(2) A solid barrier fastened to the

surface and covering the contaminated

area or all accessible parts of the

contaminated area. Examples of

inaccessible areas are underneath a

floor-mounted electrical transformer

and in an impassible space between an

electrical transformer and a vault wall.

(B) The surface is marked with the ML

Mark in a location easily visible to

individuals present in the area; the ML

Mark shall be placed over the

encapsulated area or the barrier to the

encapsulated area.

(C) ML Marks shall be replaced when

worn or illegible.

(2) Removal of a porous surface

contaminated with PCBs from its

location or current use is prohibited

except for removal for disposal in

accordance with §§ 761.61 or 761.79 for

surfaces contaminated by spills, or

§ 761.62 for manufactured porous

surfaces.

(q) [Reserved]

(r) Use in and servicing of rectifiers.

Any person may use PCBs at any

concentration in rectifiers for the

remainder of the PCBs’ useful life, and

may use PCBs <50 ppm in servicing

(including rebuilding) rectifiers.

(s) Use of PCBs in air compressor

systems. (1) Any person may use PCBs
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35443

in air compressor systems at

concentrations <50 ppm.

(2) Any person may use PCBs in air

compressor systems (or components

thereof) at concentrations ≥50 ppm

provided that:

(i) All free-flowing liquids containing

PCBs ≥50 ppm are removed from the air

compressor crankcase and the crankcase

is refilled with non-PCB liquid.

(ii) Other air compressor system

components contaminated with PCBs

≥50 ppm, are decontaminated in

accordance with § 761.79 or disposed of

in accordance with subpart D of this

part.

(iii) Air compressor piping with a

nominal inside diameter of <2 inches is

decontaminated by continuous flushing

for 4 hours, at no <300 gallons per hour

(§ 761.79 contains solvent

requirements).

(3) The requirements in paragraph

(s)(2) of this section must be completed

by August 30, 1999 or within 1 year of

the date of discovery of PCBs at ≥50

ppm in the air compressor system,

whichever is later. The EPA Regional

Administrator for the EPA Region in

which an air compressor system is

located may, at his/her discretion and in

writing, extend this timeframe.

(t) Use of PCBs in other gas or liquid

transmission systems. (1) PCBs are

authorized for use in intact and nonleaking gas or liquid transmission

systems at concentrations <50 ppm

PCBs.

(2) PCBs are authorized for use at

concentrations ≥50 ppm in intact and

non-leaking gas or liquid transmission

systems not owned or operated by a

seller or distributor of the gas or liquid

transmitted in the system.

(3) Any person may use PCBs at

concentrations ≥50 ppm in intact and

non-leaking gas or liquid transmission

systems, with the written approval of

the Director, National Program

Chemicals Division, subject to the

requirements applicable to natural gas

pipeline systems at paragraphs

(i)(1)(iii)(A), (i)(1)(iii)(C) through

(i)(1)(iii)(E), and (i)(2) through (i)(5) of

this section.

(u) Use of decontaminated materials.

(1) Any person may use equipment,

structures, other non-liquid or liquid

materials that were contaminated with

PCBs during manufacture, use,

servicing, or because of spills from, or

proximity to, PCBs ≥50 ppm, including

those not otherwise authorized for use

under this part, provided:

(i) The materials were

decontaminated in accordance with:

(A) A TSCA PCB disposal approval

issued under subpart D of this part;

(B) Section 761.79; or

(C) Applicable EPA PCB spill cleanup

policies (e.g., TSCA, RCRA, CERCLA,

EPA regional) in effect at the time of the

decontamination; or

(ii) If not previously decontaminated,

the materials now meet an applicable

decontamination standard in

§ 761.79(b).

(2) No person shall use or reuse

materials decontaminated in accordance

with paragraph (u)(1)(i) of this section

or meeting an applicable

decontamination standard in paragraph

(u)(1)(ii) of this section, in direct contact

with food, feed, or drinking water

unless otherwise allowed under this

section or this part.

(3) Any person may use water

containing PCBs at concentrations

≤0.5μg/L PCBs without restriction.

(4) Any person may use water

containing PCBs at concentrations <200

μg/L (i.e., < 200 ppb PCBs) for noncontact use in a closed system where

there are no releases (e.g., as a noncontact cooling water).

i. By adding § 761.35 to read as

follows:

§ 761.35 Storage for reuse.

(a) The owner or operator of a PCB

Article may store it for reuse in an area

which is not designed, constructed, and

operated in compliance with

§ 761.65(b), for no more than 5 years

after the date the Article was originally

removed from use (e.g., disconnected

electrical equipment) or 5 years after

August 28, 1998, whichever is later, if

the owner or operator complies with the

following conditions:

(1) Follows all use requirements at

§ 761.30 and marking requirements at

subpart C of this part that are applicable

to the PCB Article.

(2) Maintains records starting at the

time the PCB Article is removed from

use or August 28, 1998. The records

must indicate:

(i) The date the PCB Article was

removed from use or August 28, 1998,

if the removal date is not known.

(ii) The projected location and the

future use of the PCB Article.

(iii) If applicable, the date the PCB

Article is scheduled for repair or

servicing.

(b) The owner or operator of a PCB

Article may store it for reuse in an area

that does not comply with § 761.65(b)

for a period longer than 5 years,

provided that the owner or operator has

received written approval from the EPA

Regional Administrator for the Region

in which the PCB Article is stored. An

owner or operator of a PCB Article

seeking approval to extend the 5–year

period must submit a request for

extension to the EPA Regional

Administrator at least 6 months before

the 5-year storage for reuse period

expires and must include an item-byitem justification for the desired

extension. The EPA Regional

Administrator may include any

conditions to such approval deemed

necessary to protect health or the

environment. The owner or operator of

the PCB Article being stored for reuse

must comply with the other applicable

provisions of this part, including the

record retention requirements at

§ 761.180(a).

(c) Any person may store a PCB

Article for reuse indefinitely in:

(1) A unit in compliance with

§ 761.65(b).

(2) A unit permitted under section

3004 of RCRA to manage hazardous

wastes in containers.

(3) A unit permitted by a State

authorized under section 3006 of RCRA

to manage hazardous waste.

j. In § 761.40, by revising paragraphs

(a)(5), (b), (e), and (h), and adding

paragraphs (k) and (l) to read as follows:

§ 761.40 Marking requirements.

(a) * * *

(5) PCB Large Low Voltage Capacitors

at the time of removal from use (see also

paragraph (k) of this section).

* * * * *

(b) As of October 1, 1979, each

transport vehicle loaded with PCB

Containers that contain more than 45 kg

(99.4 lbs.) of liquid PCBs at

concentrations of ≥50 ppm or with one

or more PCB Transformers shall be

marked on each end and each side with

the ML mark as described in § 761.45(a).

* * * * *

(e) As of October 1, 1979, applicable

PCB Items in paragraphs (a)(1), (a)(6),

(a)(7), and (a)(8) of this section

containing PCBs in concentrations of 50

to 500 ppm shall be marked with the ML

mark as described in § 761.45(a).

* * * * *

(h) All marks required by this subpart

must be placed in a position on the

exterior of the PCB Items, storage units,

or transport vehicles so that the marks

can be easily read by any persons

inspecting or servicing the marked PCB

Items, storage units, or transport

vehicles.

* * * * *

(k) As of April 26, 1999 the following

PCB Items shall be marked with the ML

mark as described in § 761.45(a):

(1) All PCB Large Low Voltage

Capacitors not marked under paragraph

(a) of this section shall be marked

individually, or if one or more PCB

Large Low Voltage Capacitors are

installed in a protected location such as

on a power pole, or structure, or behind
35444 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

a fence, then the owner or operator shall

mark the pole, structure, or fence with

the ML mark, and maintain a record or

procedure identifying the PCB

Capacitors at the protected location.

PCB Large Low Voltage Capacitors in

inaccessible locations inside equipment

need not be marked individually,

provided the owner or operator marks

the equipment in accordance with

paragraph (k)(2) of this section, and

marks the individual capacitors at the

time of removal from use in accordance

with paragraph (a) of this section.

(2) All equipment not marked under

paragraph (a) of this section containing

a PCB Transformer or a PCB Large High

or Low Voltage Capacitor.

(l)(1) All voltage regulators with a

PCB concentration of ≥500 ppm must be

marked individually with the ML mark

as described in § 761.45(a).

(2) Locations of voltage regulators

containing PCBs ≥500 ppm PCBs shall

be marked as follows: the vault door,

machinery room door, fence, hallway, or

means of access, other than grates or

manhole covers, must be marked with

the ML mark as described in § 761.45(a).

k. By amending subpart D by

removing the ‘‘Note’’ appearing just

after the heading for subpart D and

adding § 761.50, reading as follows:

§ 761.50 Applicability.

(a) General PCB disposal

requirements. Any person storing or

disposing of PCB waste must do so in

accordance with subpart D of this part.

The following prohibitions and

conditions apply to all PCB waste

storage and disposal:

(1) No person may open burn PCBs.

Combustion of PCBs approved under

§ 761.60(a) or (e), or otherwise allowed

under part 761, is not open burning.

(2) No person may process liquid

PCBs into non-liquid forms to

circumvent the high temperature

incineration requirements of § 761.60(a).

(3) No person may discharge water

containing PCBs to a treatment works

(as defined § 503.9(aa) of this chapter) or

to navigable waters unless the PCB

concentration is <3 μg/L (approximately

3 ppb), or unless the discharge is in

accordance with a PCB discharge limit

included in a permit issued under

section 307(b) or 402 of the Clean Water

Act.

(4) Spills and other uncontrolled

discharges of PCBs at concentrations of

≥50 ppm constitute the disposal of

PCBs.

(5) Any person land disposing of nonliquid PCBs may avoid otherwiseapplicable sampling requirements by

presuming that the PCBs disposed of are

≥500 ppm (or ≥100 μg/100 cm2 if no

free-flowing liquids are present).

(6) Any person storing or disposing of

PCBs is also responsible for determining

and complying with all other applicable

Federal, State, and local laws and

regulations.

(b) PCB waste. (1) PCB liquids. Any

person removing PCB liquids from use

(i.e., not PCB remediation waste) must

dispose of them in accordance with

§ 761.60(a), or decontaminate them in

accordance with § 761.79.

(2) PCB Items. Any person removing

from use a PCB Item containing an

intact and non-leaking PCB Article must

dispose of it in accordance with

§ 761.60(b), or decontaminate it in

accordance with § 761.79. PCB Items

where the PCB Articles are no longer

intact and non-leaking are regulated for

disposal as PCB bulk product waste

under § 761.62(a) or (c).

(i) Fluorescent light ballasts

containing PCBs only in an intact and

non-leaking PCB Small Capacitor are

regulated for disposal under

§ 761.60(b)(2)(ii).

(ii) Fluorescent light ballasts

containing PCBs in the potting material

are regulated for disposal as PCB bulk

product waste under § 761.62.

(3) PCB remediation waste. PCB

remediation waste, including PCB

sewage sludge, is regulated for cleanup

and disposal in accordance with

§ 761.61.

(i) Any person responsible for PCB

waste at concentrations ≥50 ppm placed

in a land disposal facility, spilled, or

otherwise released into the environment

prior to April 18, 1978, must dispose of

the waste as follows:

(A) Sites containing these wastes are

presumed not to present an

unreasonable risk of injury to health or

the environment from exposure to PCBs

at the site. However, the EPA Regional

Administrator may inform the owner or

operator of the site that there is reason

to believe that spills, leaks, or other

uncontrolled releases or discharges,

such as leaching, from the site

constitute ongoing disposal that may

present an unreasonable risk of injury to

health or the environment from

exposure to PCBs at the site, and may

require the owner or operator to

generate data necessary to characterize

the risk. If after reviewing any such

data, the EPA Regional Administrator

makes a finding, that an unreasonable

risk exists, then he or she may direct the

owner or operator of the site to dispose

of the PCB remediation waste in

accordance with § 761.61 such that an

unreasonable risk of injury no longer

exists.

(B) Unless directed by the EPA

Regional Administrator to dispose of

PCB remediation waste in accordance

with paragraph (b)(3)(i)(A) of this

section, any person responsible for PCB

remediation waste placed in a land

disposal facility, spilled, or otherwise

released into the environment prior to

April 18, 1978, who unilaterally decides

to dispose of that waste (for example, to

obtain insurance or to sell the property),

is not required to cleanup in accordance

with § 761.61. Disposal of the PCB

remediation waste must comply with

§ 761.61. However, cleanup of those

wastes that is not in complete

compliance with § 761.61 will not afford

the responsible party with relief from

the applicable PCB regulations for that

waste.

(ii) Any person responsible for PCB

waste placed in a land disposal facility,

spilled, or otherwise released into the

environment on or after April 18, 1978,

must dispose of it as follows:

(A) In accordance with the PCB Spill

Cleanup Policy (Policy) at subpart G of

this part, for those PCB remediation

wastes that meet the criteria of the

Policy. Consult the Policy for a

description of the spills it covers and its

notification and timing requirements.

(B) In accordance with § 761.61.

Complete compliance with § 761.61

does not create a presumption against

enforcement action for penalties for any

unauthorized PCB disposal.

(iii) The owner or operator of a site

containing PCB remediation waste has

the burden of proving the date that the

waste was placed in a land disposal

facility, spilled, or otherwise released

into the environment, and the

concentration of the original spill.

(4) PCB bulk product waste—(i)

General. Any person disposing of PCB

bulk product waste must do so in

accordance with § 761.62. PCB bulk

product waste, as that term is defined in

§ 761.3, is waste that was ≥50 ppm

when originally removed from service,

even if its current PCB concentration is

<50 ppm. PCB bulk product waste is

regulated for disposal based on the risk

from the waste once disposed of. For

waste which is land disposed, the waste

is regulated based on how readily the

waste is released from disposal to the

environment, in particular by leaching

out from the land disposal unit.

(ii) Metal surfaces in contact with

PCBs. Any person disposing of metal

surfaces in contact with PCBs (e.g.,

painted metal) may use thermal

decontamination procedures in

accordance with § 761.79(c)(6) (see

§ 761.62(a)(6)).

(5) PCB household waste. Any person

storing or disposing of PCB household
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35445

waste, as that term is defined in § 761.3,

must do so in accordance with § 761.63.

(6) PCB research and development

waste. Any person disposing of PCB

wastes generated during and as a result

of research and development for use

under § 761.30(j), or for disposal under

§ 761.60(j), must do so in accordance

with § 761.64.

(7) PCB/Radioactive waste. (i) Any

person storing PCB/radioactive waste

≥50 ppm PCBs must do so taking into

account both its PCB concentration and

its radioactive properties, except as

provided in § 761.65(a)(1), (b)(1)(ii), and

(c)(6)(i).

(ii) Any person disposing of PCB/

radioactive waste must do so taking into

account both its PCB concentration and

its radioactive properties. If, taking into

account only the properties of the PCBs

in the waste (and not the radioactive

properties of the waste), the waste meets

the requirements for disposal in a

facility permitted, licensed, or registered

by a State as a municipal or nonmunicipal non-hazardous waste landfill

(e.g., PCB bulk product waste under

§ 761.62(b)(1)), then the person may

dispose of the PCB/radioactive waste,

without regard to the PCB component of

the waste, on the basis of its radioactive

properties in accordance with all

applicable requirements for the

radioactive component of the waste.

(8) Porous surfaces. In most cases a

person must dispose of porous surfaces

as materials where PCBs have

penetrated far beneath the surface,

rather than a simple surface

contamination. Any person disposing of

porous surfaces on which PCBs have

been spilled and meeting the definition

of PCB remediation waste at § 761.3

must do so in accordance with

§ 761.61(a)(5)(iii). Any person disposing

of porous surfaces which are part of

manufactured non-liquid products

containing PCBs and meeting the

definition of PCB bulk product waste at

§ 761.3 must do so in accordance with

§ 761.62. Any person may

decontaminate concrete surfaces upon

which PCBs have been spilled in

accordance with § 761.79(b)(4), if the

decontamination procedure is

commenced within 72 hours of the

initial spill of PCBs to the concrete or

portion thereof being decontaminated.

Any person may decontaminate porous

non-liquid PCBs in contact with nonporous surfaces, such as underground

metal fuel tanks coated with fire

retardant resin or pitch, for purposes of

unrestricted use or disposal in a smelter

in accordance with § 761.79(b)(3).

(c) Storage for disposal. Any person

who holds PCB waste must store it in

accordance with § 761.65.

(d) Performance specifications for

disposal technologies—(1) Incinerators.

Any person using an incinerator to

dispose of PCBs must use an incinerator

that meets the criteria set forth in

§ 761.70.

(2) High efficiency boilers. Any person

using a high efficiency boiler to dispose

of PCBs must use a boiler that meets the

criteria set forth in § 761.71.

(3) Scrap metal recovery ovens and

smelters. Any person using scrap metal

recovery ovens and smelters to dispose

of PCBs must use a device that meets

the criteria set forth in § 761.72.

(4) Chemical waste landfills. Any

person using a chemical waste landfill

to dispose of PCBs must use a chemical

waste landfill that meets the criteria set

forth in § 761.75.

(e) TSCA PCB Coordinated Approval.

Any person seeking a TSCA PCB

Coordinated Approval must follow the

procedures set forth in § 761.77.

l. In § 761.60 by revising paragraphs

(a)(1) through (a)(3), by removing

paragraphs (a)(4), (a)(5), and (a)(6); in

paragraph (b) by adding introductory

text just after the italic heading ‘‘PCB

Articles,’’ and by revising paragraphs

(b)(1)(i)(B), (b)(2)(iv) introductory text,

(b)(2)(vi), revising paragraphs (b)(3) and

(b)(4); by redesignating paragraphs (b)(5)

and (b)(6) as (b)(6) and (b)(7),

respectively; by adding new paragraphs

(b)(5), (b)(6)(iii), and (b)(6)(iv), and by

revising newly designated (b)(6)(ii); in

paragraph (c)(3) by removing the term

‘‘facility’’ and adding, in its place, the

term ‘‘unit’’; removing and reserving

paragraphs (d) and (f)(2); revising

paragraph (e); adding paragraphs

(g)(1)(iii) and (g)(2)(iii); by revising

paragraph (i)(2), and adding paragraph

(j) to read as follows:

§ 761.60 Disposal requirements.

(a) PCB liquids. PCB liquids at

concentrations ≥50 ppm must be

disposed of in an incinerator which

complies with § 761.70, except that PCB

liquids at concentrations ≥50 ppm and

<500 ppm may be disposed of as

follows:

(1) For mineral oil dielectric fluid, in

a high efficiency boiler according to

§ 761.71(a).

(2) For liquids other than mineral oil

dielectric fluid, in a high efficiency

boiler according to § 761.71(b).

(3) For liquids from incidental

sources, such as precipitation,

condensation, leachate or load

separation and are associated with PCB

Articles or non-liquid PCB wastes, in a

chemical waste landfill which complies

with § 761.75 if:

(i) Disposal does not violate

§ 268.32(a)(2) or § 268.42(a)(1) of this

chapter.

(ii) Information is provided to or

obtained by the owner or operator of the

chemical waste landfill that shows that

the liquids do not exceed 500 ppm PCB

and are not an ignitable waste as

described in § 761.75(b)(8)(iii).

(b) PCB Articles. This paragraph does

not authorize disposal that is otherwise

prohibited in § 761.20 or elsewhere in

this part.

(1) * * *

(i) * * *

(B) In a chemical waste landfill

approved under § 761.75; provided that

all free-flowing liquid is removed from

the transformer, the transformer is filled

with a solvent, the transformer is

allowed to stand for at least 18

continuous hours, and then the solvent

is thoroughly removed. Any person

disposing of PCB liquids, including both

the dielectric fluid and all solvents used

as a flush, that are removed from the

transformer, shall do so in accordance

with paragraph (a)(1) of this section or

decontaminate them in accordance with

§ 761.79. Solvents may include

kerosene, xylene, toluene, and other

solvents in which PCBs are readily

soluble. Any person disposing of these

PCB liquids must ensure that the

solvent flushing procedure is conducted

in accordance with applicable safety

and health standards as required by

Federal or State regulations.

* * * * *

(2) * * *

(iv) Any person who manufactures or

at any time manufactured PCB

Capacitors or PCB Equipment, and

acquired the PCB Capacitor in the

course of such manufacturing, shall

place the PCB Small Capacitors in a

container meeting the DOT packaging

requirements at 49 CFR parts 171

through 180 and dispose of them in

accordance with either of the following:

* * * * *

(vi) Any person disposing of large

PCB capacitors or small PCB capacitors

described in paragraph (b)(2)(iv) of this

section in a chemical waste landfill

approved under § 761.75, shall first

place them in a container meeting the

DOT packaging requirements at 49 CFR

parts 171 through 180. In all cases, the

person must fill the interstitial space in

the container with sufficient absorbent

material (such as soil) to absorb any

liquid PCBs remaining in the capacitors.

(3) PCB hydraulic machines. (i) Any

person disposing of PCB hydraulic

machines containing PCBs at

concentrations of ≥50 ppm, such as die

casting machines, shall do so by one of

the following methods:
35446 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

(A) In accordance with § 761.79.

(B) In a facility which is permitted,

licensed, or registered by a State to

manage municipal solid waste subject to

part 258 of this chapter or nonmunicipal non-hazardous waste subject

to §§ 257.5 through 257.30 of this

chapter, as applicable (excluding

thermal treatment units).

(C) In an industrial furnace operating

in compliance with § 761.72.

(D) In a disposal facility approved

under this part.

(ii) All free-flowing liquid must be

removed from each machine and the

liquid must be disposed of in

accordance with the provisions of

paragraph (a) of this section. If the PCB

liquid contains ≥1,000 ppm PCB, then

the hydraulic machine must be

decontaminated in accordance with

§ 761.79 or flushed prior to disposal

with a solvent listed at paragraph

(b)(1)(i)(B) of this section which

contains <50 ppm PCB. The solvent

must be disposed of in accordance with

paragraph (a) of this section or § 761.79.

(4) PCB-Contaminated Electrical

Equipment. Any person disposing of

any PCB-Contaminated Electrical

Equipment, except capacitors, shall do

so by removing all free-flowing liquid

from the electrical equipment and

disposing of the removed liquid in

accordance with paragraph (a) of this

section. The drained PCB-Contaminated

Electrical Equipment, including any

residual liquids, shall be disposed of by

one of the following methods:

(i)(A) In a facility which is permitted,

licensed, or registered by a State to

manage municipal solid waste subject to

part 258 of this chapter or nonmunicipal non-hazardous waste subject

to §§ 257.5 through 257.30 of this

chapter, as applicable (excluding

thermal treatment units).

(B) In an industrial furnace operating

in compliance with § 761.72.

(C) In a disposal facility or process

approved under this part.

(ii) Any person disposing of Large

Capacitors that contain ≥50 ppm but

<500 ppm PCBs shall do so in a disposal

facility approved under this part.

(iii) The storage for disposal of PCBContaminated Electrical Equipment

containing no free-flowing liquid is not

regulated under subpart D of this part.

(5) Natural gas pipeline systems

containing PCBs. The owner or operator

of natural gas pipeline systems

containing ≥50 ppm PCBs, when no

longer in use, shall dispose of the

system either by abandonment in place

of the pipe under paragraph (b)(5)(i) of

this section or removal with subsequent

action under paragraph (b)(5)(ii) of this

section. Any person determining the

PCB concentrations in natural gas

pipeline systems shall do so in

accordance with paragraph (b)(5)(iii) of

this section.

(i) Abandonment. Natural gas pipe

containing ≥50 ppm PCBs may be

abandoned in place under one or more

of the following provisions:

(A) Natural gas pipe having a nominal

inside diameter of ≤4 inches, and

containing PCBs at any concentration

but no free-flowing liquids, may be

abandoned in the place it was used to

transport natural gas if each end is

sealed closed and the pipe is either:

(1) Included in a public service

notification program, such as a ‘‘onecall’’ system under 49 CFR 192.614(a)

and (b).

(2) Filled to 50 percent or more of the

volume of the pipe with grout (such as

a hardening slurry consisting of cement,

bentonite, or clay) or high density

polyurethane foam.

(B) PCB-Contaminated natural gas

pipe of any diameter, where the PCB

concentration was determined in

accordance with subpart M of this part

after the last transmission of gas through

the pipe or at the time of abandonment,

that contains no free-flowing liquids

may be abandoned in the place it was

used to transport natural gas if each end

is sealed closed.

(C) Natural gas pipe of any diameter

which contains PCBs at any

concentration but no free-flowing

liquids, may be abandoned in the place

it was used to transport natural gas, if

each end is sealed closed, and either:

(1) The interior surface is

decontaminated with one or more

washes of a solvent in accordance with

the use and disposal requirements of

§ 761.79(d). This decontamination

process must result in a recovery of 95

percent of the solvent volume

introduced into the system, and the PCB

concentration of the recovered wash

must be <50 ppm (see § 761.79(a)(1) for

requirements on use and disposal of

decontaminating fluids).

(2) The pipe is filled to 50 percent of

the volume of the pipe with grout (such

as a hardening slurry-like cement,

bentonite, or clay) or high density

polyurethane foam (except that only

cement shall be used as grout under

rivers or streams) and each end is sealed

closed.

(D) Natural gas pipe of any diameter

which contains PCBs at any

concentration may be abandoned in

place after decontamination in

accordance with § 761.79(c)(3), (c)(4) or

(h) or a PCB disposal approval issued

under § 761.60(e) or § 761.62(c).

(ii) Removal with subsequent action.

Natural gas pipeline systems may be

disposed of under one of the following

provisions:

(A) The following classifications of

natural gas pipe containing no freeflowing liquids may be disposed of in a

facility permitted, licensed, or registered

by a State to manage municipal solid

waste subject to part 258 of this chapter

or non-municipal non-hazardous waste

subject to §§ 257.5 through 257.30 of

this chapter, as applicable (excluding

thermal treatment units); scrap metal

recovery oven and smelter operating in

compliance with the requirements of

§ 761.72; or a disposal facility approved

under this part:

(1) PCB-Contaminated natural gas

pipe of any diameter where the PCB

concentration was determined in

accordance with subpart M of this part

after the last transmission of gas through

the pipe or during removal from the

location it was used to transport natural

gas.

(2) Natural gas pipe containing PCBs

at any concentration and having a

nominal inside diameter ≤4 inches.

(B) Any component of a natural gas

pipeline system may be disposed of

under one of the following provisions:

(1) In an incinerator operating in

compliance with § 761.70.

(2) In a chemical waste landfill

operating in compliance with § 761.75,

provided that all free-flowing liquid

PCBs have been thoroughly drained.

(3) As a PCB remediation waste in

compliance with § 761.61.

(4) In accordance with § 761.79.

(iii) Characterization of natural gas

pipeline systems by PCB concentration

in condensate. (A) Any person

disposing of a natural gas pipeline

system under paragraphs (b)(5)(i)(B) or

(b)(5)(ii)(A)(1) of this section must

characterize it for PCB contamination by

analyzing organic liquids collected at

existing condensate collection points in

the natural gas pipeline system. The

level of PCB contamination found at a

collection point is assumed to extend to

the next collection point downstream. If

no organic liquids are present, drain

free-flowing liquids and collect standard

wipe samples according to subpart M of

this part. Collect condensate within 72

hours of the final transmission of

natural gas through the part of the

system to be abandoned and wipe

samples after the last transmission of

gas through the pipe or during removal

from the location it was used to

transport natural gas.

(B) PCB concentration of the organic

phase of multi-phasic liquids shall be

determined in accordance with

§ 761.1(b)(4).

(iv) Disposal of pipeline liquids. (A)

Any person disposing of liquids
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35447

containing PCBs ≥50 ppm removed,

spilled, or otherwise released from a

natural gas pipeline system must do so

in accordance with § 761.61(a)(5)(iv)

based on the PCB concentration at the

time of removal from the system. Any

person disposing of material

contaminated by spills or other releases

of PCBs ≥50 ppm from a natural gas

pipeline system, must do so in

accordance with § 761.61 or § 761.79, as

applicable.

(B) Any person who markets or burns

for energy recovery liquid containing

PCBs at concentrations <50 ppm PCBs at

the time of removal from a natural gas

pipeline system must do so in

accordance with the provisions

pertaining to used oil at § 761.20(e). No

other use of liquid containing PCBs at

concentrations above the quantifiable

level/level of detection removed from a

natural gas pipeline system is

authorized.

(6) * * *

(ii) Any person disposing of PCBContaminated Articles must do so by

removing all free-flowing liquid from

the article, disposing of the liquid in

accordance with paragraph (a)(2) or

(a)(3) of this section and disposing of

the PCB-Contaminated Articles with no

free-flowing liquid by one of the

following methods:

(A) In accordance with § 761.79.

(B) In a facility permitted, licensed, or

registered by a State to manage

municipal solid waste subject to part

258 of this chapter or non-municipal

non-hazardous waste subject to §§ 257.5

through 257.30 of this chapter, as

applicable (excluding thermal treatment

units).

(C) In an industrial furnace operating

in compliance with § 761.72.

(D) In a disposal facility approved

under this part.

(iii) Fluorescent light ballasts

containing PCBs in their potting

material must be disposed of in a TSCAapproved disposal facility, as bulk

product waste under § 761.62, as

household waste under § 761.63 (where

applicable), or in accordance with the

decontamination provisions of § 761.79.

(iv) Any person with access to, or in

direct contact with, PCB-Contaminated

surfaces must be protected from dermal

exposure to those surfaces.

* * * * *

(d) [Reserved]

(e) Any person who is required to

incinerate any PCBs and PCB Items

under this subpart and who can

demonstrate that an alternative method

of destroying PCBs and PCB Items exists

and that this alternative method can

achieve a level of performance

equivalent to an incinerator approved

under § 761.70 or a high efficiency

boiler operating in compliance with

§ 761.71, must submit a written request

to either the EPA Regional

Administrator or the Director, National

Program Chemicals Division, for a

waiver from the incineration

requirements of § 761.70 or § 761.71.

Requests for approval of alternate

methods that will be operated in more

than one Region must be submitted to

the Director, National Program

Chemicals Division except for research

and development activities involving

less than 500 pounds of PCB material

(see paragraph (i)(2) of this section).

Requests for approval of alternate

methods that will be operated in only

one Region must be submitted to the

appropriate EPA Regional

Administrator. The applicant must

show that his or her method of

destroying PCBs will not present an

unreasonable risk of injury to health or

the environment. On the basis of such

information and any available

information, the EPA Regional

Administrator or the Director, National

Program Chemicals Division may, in his

or her discretion, approve the use of the

alternate method if he or she finds that

the alternate disposal method provides

PCB destruction equivalent to disposal

in a § 761.70 incinerator or a § 761.71

high efficiency boiler and will not

present an unreasonable risk of injury to

health or the environment. Any

approval must be stated in writing and

may include such conditions and

provisions as the EPA Regional

Administrator or Director, National

Program Chemicals Division deems

appropriate. The person to whom such

waiver is issued must comply with all

limitations contained in such

determination. No person may use the

alternate method of destroying PCBs or

PCB Items prior to obtaining permission

from the appropriate EPA official.

(f)(1) * * *

(2) [Reserved]

(g) * * *

(1) * * *

(iii) Unless otherwise specified in this

part, any person conducting the

chemical analysis of PCBs shall do so

using gas chromatography. Any gas

chromatographic method that is

appropriate for the material being

analyzed may be used, including EPA

Method 608, ‘‘Organochlorine Pesticides

and PCBs’’ at 40 CFR part 136,

Appendix A;’’ EPA Method 8082,

‘‘Polychlorinated Biphenyls (PCBs) by

Capillary Column Gas Chromatography’’

of SW-846, ‘‘OSW Test Methods for

Evaluating Solid Waste,’’ which is

available from NTIS; and ASTM

Standard D-4059, ‘‘Standard Test

Method for Analysis of Polychlorinated

Biphenyls in Insulating Liquids by Gas

Chromatography,’’ which is available

from ASTM.

(2) * * *

(iii) Unless otherwise specified in this

part, any person conducting the

chemical analysis of PCBs shall do so

using gas chromatography. Any gas

chromatographic method that is

appropriate for the material being

analyzed may be used, including those

indicated in paragraph (g)(1)(iii) of this

section.

* * * * *

(i) * * *

(2) Except for activity authorized

under paragraph (j) of this section,

research and development (R&D) for

PCB disposal using a total of <500

pounds of PCB material (regardless of

PCB concentration) will be reviewed

and approved by the EPA Regional

Administrator for the Region where the

R&D will be conducted, and R&D for

PCB disposal using 500 pounds or more

of PCB material (regardless of PCB

concentration) will be reviewed and

approved by the Director, National

Program Chemicals Division.

* * * * *

(j) Self-implementing requirements for

research and development (R&D) for

PCB disposal.

(1) Any person may conduct R&D for

PCB disposal without prior written

approval from EPA if they meet the

following conditions:

(i) File a notification and obtain an

EPA identification number pursuant to

subpart K of this part.

(ii) Notify in writing the EPA Regional

Administrator, the State environmental

protection agency, and local

environmental protection agency,

having jurisdiction where the R&D for

PCB disposal activity will occur at least

30 days prior to the commencement of

any R&D for PCB disposal activity

conducted under this section. Each

written notification shall include the

EPA identification number of the site

where the R&D for PCB disposal

activities will be conducted, the

quantity of PCBs to be treated, the type

of R&D technology to be used, the

general physical and chemical

properties of material being treated, and

an estimate of the duration of the PCB

activity. The EPA Regional

Administrator, the State environmental

protection agency, and the local

environmental protection agency may

waive notification in writing prior to

commencement of the research.

(iii) The amount of material

containing PCBs treated annually by the

facility during R&D for PCB disposal

activities does not exceed 500 gallons or
35448 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

70 cubic feet of liquid or non-liquid

PCBs and does not exceed a maximum

concentration of 10,000 ppm PCBs.

(iv) No more than 1 kilogram total of

pure PCBs per year is disposed of in all

R&D for PCB disposal activities at a

facility.

(v) Each R&D for PCB disposal activity

under this section lasts no more than 1

calendar year.

(vi) Store all PCB wastes (treated and

untreated PCB materials, testing

samples, spent laboratory samples,

residuals, untreated samples,

contaminated media or instrumentation,

clothing, etc.) in compliance with

§ 761.65(b) and dispose of them

according to the undiluted PCB

concentration prior to treatment.

However, PCB materials not treated in

the R&D for PCB disposal activity may

be returned either to the physical

location where the samples were

collected or a location where other

regulated PCBs from the physical

location where the samples were

collected are being stored for disposal.

(vii) Use manifests pursuant to

subpart K of this part for all R&D PCB

wastes being transported from the R&D

facility to an approved PCB storage or

disposal facility. However, §§ 761.207

through 761.218 do not apply if the

residuals or treated samples are

returned either to the physical location

where the samples were collected or a

location where other regulated PCBs

from the physical location where the

samples were collected are being stored

for disposal.

(viii) Package and ship all PCB wastes

pursuant to DOT requirements under 49

CFR parts 171 through 180.

(ix) Comply with the recordkeeping

requirements of § 761.180.

(2) Do not exceed material limitations

set out in paragraphs (j)(1)(iii) and (iv)

of this section and the time limitation

set out in paragraph (j)(1)(v) of this

section without prior written approval

from EPA. Requests for approval to

exceed the material limitations for PCBs

in R&D for PCB disposal activities as

specified in this section must be

submitted in writing to the EPA

Regional Administrator for the Region

in which the facility conducting R&D for

PCB disposal activities is located. Each

request shall specify the quantity or

concentration requested or additional

time needed for disposal and include a

justification for each increase. For

extensions to the duration of the R&D

for PCB disposal activity, the request

shall also include a report on the

accomplishments and progress of the

previously authorized R&D for PCB

disposal activity for which the

extension is sought. The EPA Regional

Administrator may grant a waiver in

writing for an increase in the volume of

PCB material, the maximum

concentration of PCBs, the total amount

of pure PCBs, or the duration of the R&D

activity. Approvals will state all

requirements applicable to the R&D for

PCB disposal activity.

(3) The EPA Regional Administrator

for the Region in which an R&D for PCB

disposal activity is conducted may

determine, at any time, that an R&D PCB

disposal approval is required under

paragraphs (e) and (i)(2) of this section

or § 761.70(d) to ensure that any R&D for

PCB disposal activity does not present

an unreasonable risk of injury to health

or the environment.

m. By adding §§ 761.61, 761.62,

761.63, and 761.64 to subpart D to read

as follows:

§ 761.61 PCB remediation waste.

This section provides cleanup and

disposal options for PCB remediation

waste. Any person cleaning up and

disposing of PCBs managed under this

section shall do so based on the

concentration at which the PCBs are

found. This section does not prohibit

any person from implementing

temporary emergency measures to

prevent, treat, or contain further releases

or mitigate migration to the

environment of PCBs or PCB

remediation waste.

(a) Self-implementing on-site cleanup

and disposal of PCB remediation waste.

EPA designed the self-implementing

procedure for a general, moderatelysized site where there should be low

residual environmental impact from

remedial activities. The procedure may

be less practical for larger or

environmentally diverse sites. For these

other sites, the self-implementing

procedure still applies, but an EPA

Regional Administrator may authorize

more practical procedures through

paragraph (c) of this section. Any person

may conduct self-implementing cleanup

and disposal of PCB remediation waste

in accordance with the following

requirements without prior written

approval from EPA.

(1) Applicability. (i) The selfimplementing procedures may not be

used to clean up:

(A) Surface or ground waters.

(B) Sediments in marine and

freshwater ecosystems.

(C) Sewers or sewage treatment

systems.

(D) Any private or public drinking

water sources or distribution systems.

(E) Grazing lands.

(F) Vegetable gardens.

(ii) The self-implementing cleanup

provisions shall not be binding upon

cleanups conducted under other

authorities, including but not limited to,

actions conducted under section 104 or

section 106 of CERCLA, or section

3004(u) and (v) or section 3008(h) of

RCRA.

(2) Site characterization. Any person

conducting self-implementing cleanup

of PCB remediation waste must

characterize the site adequately to be

able to provide the information required

by paragraph (a)(3) of this section.

Subpart N of this part provides a

method for collecting new site

characterization data or for assessing the

sufficiency of existing site

characterization data.

(3) Notification and certification. (i)

At least 30 days prior to the date that

the cleanup of a site begins, the person

in charge of the cleanup or the owner

of the property where the PCB

remediation waste is located shall

notify, in writing, the EPA Regional

Administrator, the Director of the State

or Tribal environmental protection

agency, and the Director of the county

or local environmental protection

agency where the cleanup will be

conducted. The notice shall include:

(A) The nature of the contamination,

including kinds of materials

contaminated.

(B) A summary of the procedures used

to sample contaminated and adjacent

areas and a table or cleanup site map

showing PCB concentrations measured

in all pre-cleanup characterization

samples. The summary must include

sample collection and analysis dates.

The EPA Regional Administrator may

require more detailed information

including, but not limited to, additional

characterization sampling or all sample

identification numbers from all previous

characterization activities at the cleanup

site.

(C) The location and extent of the

identified contaminated area, including

topographic maps with sample

collection sites cross referenced to the

sample identification numbers in the

data summary from paragraph

(a)(3)(i)(B) of this section.

(D) A cleanup plan for the site,

including schedule, disposal

technology, and approach. This plan

should contain options and

contingencies to be used if

unanticipated higher concentrations or

wider distributions of PCB remediation

waste are found or other obstacles force

changes in the cleanup approach.

(E) A written certification, signed by

the owner of the property where the

cleanup site is located and the party

conducting the cleanup, that all

sampling plans, sample collection

procedures, sample preparation
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35449

procedures, extraction procedures, and

instrumental/chemical analysis

procedures used to assess or

characterize the PCB contamination at

the cleanup site, are on file at the

location designated in the certificate,

and are available for EPA inspection.

Persons using alternate methods for

chemical extraction and chemical

analysis for site characterization must

include in the certificate a statement

that such a method will be used and

that a comparison study which meets or

exceeds the requirements of subpart Q

of this part, and for which records are

on file, has been completed prior to

verification sampling.

(ii) Within 30 calendar days of

receiving the notification, the EPA

Regional Administrator will respond in

writing approving of the selfimplementing cleanup, disapproving of

the self-implementing cleanup, or

requiring additional information. If the

EPA Regional Administrator does not

respond within 30 calendar days of

receiving the notice, the person

submitting the notification may assume

that it is complete and proceed with the

cleanup according to the information

the person provided to the EPA

Regional Administrator. Once cleanup

is underway, the person conducting the

cleanup must provide any proposed

changes from the notification to the EPA

Regional Administrator in writing no

less than 14 calendar days prior to the

proposed implementation of the change.

The EPA Regional Administrator will

determine in his or her discretion

whether to accept the change, and will

respond to the change notification

verbally within 7 calendar days and in

writing within 14 calendar days of

receiving it. If the EPA Regional

Administrator does not respond verbally

within 7 calendar days and in writing

within 14 calendar days of receiving the

change notice, the person who

submitted it may deem it complete and

acceptable and proceed with the

cleanup according to the information in

the change notice provided to the EPA

Regional Administrator.

(iii) Any person conducting a cleanup

activity may obtain a waiver of the 30-

day notification requirement, if they

receive a separate waiver, in writing,

from each of the agencies they are

required to notify under this section.

The person must retain the original

written waiver as required in paragraph

(a)(9) of this section.

(4) Cleanup levels. For purposes of

cleaning, decontaminating, or removing

PCB remediation waste under this

section, there are four general waste

categories: bulk PCB remediation waste,

non-porous surfaces, porous surfaces,

and liquids. Cleanup levels are based on

the kind of material and the potential

exposure to PCBs left after cleanup is

completed.

(i) Bulk PCB remediation waste. Bulk

PCB remediation waste includes, but is

not limited to, the following non-liquid

PCB remediation waste: soil, sediments,

dredged materials, muds, PCB sewage

sludge, and industrial sludge.

(A) High occupancy areas. The

cleanup level for bulk PCB remediation

waste in high occupancy areas is ≤1

ppm without further conditions. High

occupancy areas where bulk PCB

remediation waste remains at

concentrations >1 ppm and ≤10 ppm

shall be covered with a cap meeting the

requirements of paragraphs (a)(7) and

(a)(8) of this section.

(B) Low occupancy areas. (1) The

cleanup level for bulk PCB remediation

waste in low occupancy areas is ≤25

ppm unless otherwise specified in this

paragraph.

(2) Bulk PCB remediation wastes may

remain at a cleanup site at

concentrations >25 ppm and ≤50 ppm if

the site is secured by a fence and

marked with a sign including the ML

mark.

(3) Bulk PCB remediation wastes may

remain at a cleanup site at

concentrations >25 ppm and ≤100 ppm

if the site is covered with a cap meeting

the requirements of paragraphs (a)(7)

and (a)(8) of this section.

(ii) Non-porous surfaces. In high

occupancy areas, the surface PCB

cleanup standard is ≤ 10 μg/100 cm2 of

surface area. In low occupancy areas,

the surface cleanup standard is <100 μg/

100 cm2 of surface area. Select sampling

locations in accordance with subpart P

of this part or a sampling plan approved

under paragraph (c) of this section.

(iii) Porous surfaces. In both high and

low occupancy areas, any person

disposing of porous surfaces must do so

based on the levels in paragraph (a)(4)(i)

of this section. Porous surfaces may be

cleaned up for use in accordance with

§ 761.79(b)(4) or § 761.30(p).

(iv) Liquids. In both high and low

occupancy areas, cleanup levels are the

concentrations specified in

§ 761.79(b)(1) and (b)(2).

(v) Change in the land use for a

cleanup site. Where there is an actual or

proposed change in use of an area

cleaned up to the levels of a low

occupancy area, and the exposure of

people or animal life in or at that area

could reasonably be expected to

increase, resulting in a change in status

from a low occupancy area to a high

occupancy area, the owner of the area

shall clean up the area in accordance

with the high occupancy area cleanup

levels in paragraphs (a)(4)(i) through

(a)(4)(iv) of this section.

(vi) The EPA Regional Administrator,

as part of his or her response to a

notification submitted in accordance

with § 761.61(a)(3) of this part, may

require cleanup of the site, or portions

of it, to more stringent cleanup levels

than are otherwise required in this

section, based on the proximity to areas

such as residential dwellings, hospitals,

schools, nursing homes, playgrounds,

parks, day care centers, endangered

species habitats, estuaries, wetlands,

national parks, national wildlife refuges,

commercial fisheries, and sport

fisheries.

(5) Site cleanup. In addition to the

options set out in this paragraph, PCB

disposal technologies approved under

§§ 761.60 and 761.70 are acceptable for

on-site self-implementing PCB

remediation waste disposal within the

confines of the operating conditions of

the respective approvals.

(i) Bulk PCB remediation waste. Any

person cleaning up bulk PCB

remediation waste shall do so to the

levels in paragraph (a)(4)(i) of this

section.

(A) Any person cleaning up bulk PCB

remediation waste on-site or using a soil

washing process may do so without EPA

approval, subject to all of the following:

(1) A non-chlorinated solvent is used.

(2) The process occurs at ambient

temperature.

(3) The process is not exothermic.

(4) The process uses no external heat.

(5) The process has secondary

containment to prevent any solvent

from being released to the underlying or

surrounding soils or surface waters.

(6) Solvent disposal, recovery, and/or

reuse is in accordance with relevant

provisions of approvals issued

according to paragraphs (b)(1) or (c) of

this section or applicable paragraphs of

§ 761.79.

(B) Bulk PCB remediation waste may

be sent off-site for decontamination or

disposal in accordance with this

paragraph, provided the waste is either

dewatered on-site or transported off-site

in containers meeting the requirements

of the DOT Hazardous Materials

Regulations (HMR) at 49 CFR parts 171

through 180.

(1) Removed water shall be disposed

of according to paragraph (b)(1) of this

section.

(2) Any person disposing off-site of

dewatered bulk PCB remediation waste

shall do so as follows:

(i) Unless characterized for disposal

according to subpart O, the bulk PCB

remediation waste shall be assumed to

contain ≥50 ppm PCBs.
35450 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

(ii) Bulk PCB remediation wastes with

a PCB concentration of <50 ppm shall be

disposed of in accordance with

paragraph (a)(5)(v)(A) of this section.

(iii) Bulk PCB remediation wastes

with a PCB concentration ≥50 ppm shall

be disposed of in a hazardous waste

landfill permitted by EPA under section

3004 of RCRA, or by a State authorized

under section 3006 of RCRA, or a PCB

disposal facility approved under this

part.

(iv) The generator must provide

written notice, including the quantity to

be shipped and highest concentration of

PCBs (using extraction EPA Method

3500B/3540C or Method 3500B/3550B

followed by chemical analysis using

EPA Method 8082 in SW-846 or

methods validated under subpart Q of

this part) at least 15 days before the first

shipment of bulk PCB remediation

waste from each cleanup site by the

generator, to each off-site facility where

the waste is destined for an area not

subject to a TSCA PCB Disposal

Approval.

(3) Any person may decontaminate

bulk PCB remediation waste in

accordance with § 761.79 and return the

waste to the cleanup site for disposal as

long as the cleanup standards of

paragraph (a)(4) of this section are met.

(ii) Non-porous surfaces. PCB

remediation waste non-porous surfaces

shall be cleaned on-site or off-site for

disposal on-site, disposal off-site, or use,

as follows:

(A) For on-site disposal, non-porous

surfaces shall be cleaned on-site or offsite to the levels in paragraph (a)(4)(ii)

of this section using:

(1) Procedures approved under

§ 761.79.

(2) Technologies approved under

§ 761.60(e).

(3) Procedures or technologies

approved under paragraph (c) of this

section.

(B) For off-site disposal, non-porous

surfaces:

(1) Having surface concentrations

<100 μg/100 cm2 shall be disposed of in

accordance with paragraph

(a)(5)(i)(B)(3)(ii) of this section. Metal

surfaces may be thermally

decontaminated in accordance with

§ 761.79(c)(6)(i).

(2) Having surface concentrations

≥100 μg/100 cm2 shall be disposed of in

accordance with paragraph

(a)(5)(i)(B)(3)(iii) of this section. Metal

surfaces may be thermally

decontaminated in accordance with

§ 761.79(c)(6)(ii).

(C) For use, non-porous surfaces shall

be decontaminated on-site or off-site to

the standards specified in § 761.79(b)(3)

or in accordance with § 761.79(c).

(iii) Porous surfaces. Porous surfaces

shall be disposed on-site or off-site as

bulk PCB remediation waste according

to paragraph (a)(5)(i) of this section or

decontaminated for use according to

§ 761.79(b)(4), as applicable.

(iv) Liquids. Any person disposing of

liquid PCB remediation waste shall

either:

(A) Decontaminate the waste to the

levels specified in § 761.79(b)(1) or

(b)(2).

(B) Dispose of the waste in accordance

with paragraph (b) of this section or an

approval issued under paragraph (c) of

this section.

(v) Cleanup wastes. Any person

generating the following wastes during

and from the cleanup of PCB

remediation waste shall dispose of or

reuse them using one of the following

methods:

(A) Non-liquid cleaning materials and

personal protective equipment waste at

any concentration, including nonporous surfaces and other non-liquid

materials such as rags, gloves, booties,

other disposable personal protective

equipment, and similar materials

resulting from cleanup activities shall

be disposed of in a facility permitted,

licensed, or registered by a State to

manage municipal solid waste subject to

part 258 of this chapter or nonmunicipal non-hazardous waste subject

to §§ 257.5 through 257.30 of this

chapter, as applicable, a RCRA Subtitle

C landfill permitted by a State to accept

PCB waste, or a PCB disposal facility

approved under this part. Requirements

in subpart K of this part do not apply

to this waste. Decontaminate this same

waste in accordance with § 761.79(b) or

(c).

(B) Cleaning solvents, abrasives, and

equipment may be reused after

decontamination in accordance with

§ 761.79.

(6) Cleanup verification—(i) Sampling

and analysis. Any person collecting and

analyzing samples to verify the cleanup

and on-site disposal of bulk PCB

remediation wastes and porous surfaces

must do so in accordance with subpart

O of this part. Any person collecting

and analyzing samples from non-porous

surfaces must do so in accordance with

subpart P of this part. Any person

collecting and analyzing samples from

liquids must do so in accordance with

§ 761.269. Any person conducting

interim sampling during PCB

remediation waste cleanup to determine

when to sample to verify that cleanup

is complete, may use PCB field

screening tests.

(ii) Verification. (A) Where sample

analysis results in a measurement of

PCBs less than or equal to the levels

specified in paragraph (a)(4) of this

section, self-implementing cleanup is

complete.

(B) Where sample analysis results in

a measurement of PCBs greater than the

levels specified in paragraph (a)(4) of

this section, self-implementing cleanup

of the sampled PCB remediation waste

is not complete. The owner or operator

of the site must either dispose of the

sampled PCB remediation waste, or

reclean the waste represented by the

sample and reinitiate sampling and

analysis in accordance with paragraph

(a)(6)(i) of this section.

(7) Cap requirements. A cap means,

when referring to on-site cleanup and

disposal of PCB remediation waste, a

uniform placement of concrete, asphalt,

or similar material of minimum

thickness spread over the area where

remediation waste was removed or left

in place in order to prevent or minimize

human exposure, infiltration of water,

and erosion. Any person designing and

constructing a cap must do so in

accordance with § 264.310(a) of this

chapter, and ensure that it complies

with the permeability, sieve, liquid

limit, and plasticity index parameters in

§ 761.75(b)(1)(ii) through (b)(1)(v). A cap

of compacted soil shall have a minimum

thickness of 25 cm (10 inches). A

concrete or asphalt cap shall have a

minimum thickness of 15 cm (6 inches).

A cap must be of sufficient strength to

maintain its effectiveness and integrity

during the use of the cap surface which

is exposed to the environment. A cap

shall not be contaminated at a level ≥1

ppm PCB per AroclorTM (or equivalent)

or per congener. Repairs shall begin

within 72 hours of discovery for any

breaches which would impair the

integrity of the cap.

(8) Deed restrictions for caps, fences

and low occupancy areas. When a

cleanup activity conducted under this

section includes the use of a fence or a

cap, the owner of the site must maintain

the fence or cap, in perpetuity. In

addition, whenever a cap, or the

procedures and requirements for a low

occupancy area, is used, the owner of

the site must meet the following

conditions:

(i) Within 60 days of completion of a

cleanup activity under this section, the

owner of the property shall:

(A) Record, in accordance with State

law, a notation on the deed to the

property, or on some other instrument

which is normally examined during a

title search, that will in perpetuity

notify any potential purchaser of the

property:

(1) That the land has been used for

PCB remediation waste disposal and is
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35451

restricted to use as a low occupancy

area as defined in § 761.3.

(2) Of the existence of the fence or cap

and the requirement to maintain the

fence or cap.

(3) The applicable cleanup levels left

at the site, inside the fence, and/or

under the cap.

(B) Submit a certification, signed by

the owner, that he/she has recorded the

notation specified in paragraph

(a)(8)(i)(A) of this section to the EPA

Regional Administrator.

(ii) The owner of a site being cleaned

up under this section may remove a

fence or cap after conducting additional

cleanup activities and achieving

cleanup levels, specified in paragraph

(a)(4) of this section, which do not

require a cap or fence. The owner may

remove the notice on the deed no earlier

than 30 days after achieving the cleanup

levels specified in this section which do

not require a fence or cap.

(9) Recordkeeping. For paragraphs

(a)(3), (a)(4), and (a)(5) of this section,

recordkeeping is required in accordance

with § 761.125(c)(5).

(b) Performance-based disposal. (1)

Any person disposing of liquid PCB

remediation waste shall do so according

to § 761.60(a) or (e), or decontaminate it

in accordance with § 761.79.

(2) Any person disposing of nonliquid PCB remediation waste shall do

so by one of the following methods:

(i) Dispose of it in a high temperature

incinerator approved under § 761.70(b),

an alternate disposal method approved

under § 761.60(e), a chemical waste

landfill approved under § 761.75, or in

a facility with a coordinated approval

issued under § 761.77.

(ii) Decontaminate it in accordance

with § 761.79.

(3) Any person may manage or

dispose of material containing <50 ppm

PCBs that has been dredged or

excavated from waters of the United

States:

(i) In accordance with a permit that

has been issued under section 404 of the

Clean Water Act, or the equivalent of

such a permit as provided for in

regulations of the U.S. Army Corps of

Engineers at 33 CFR part 320.

(ii) In accordance with a permit

issued by the U.S. Army Corps of

Engineers under section 103 of the

Marine Protection, Research, and

Sanctuaries Act, or the equivalent of

such a permit as provided for in

regulations of the U.S. Army Corps of

Engineers at 33 CFR part 320.

(c) Risk-based disposal approval. (1)

Any person wishing to sample, cleanup,

or dispose of PCB remediation waste in

a manner other than prescribed in

paragraphs (a) or (b) of this section, or

store PCB remediation waste in a

manner other than prescribed in

§ 761.65, must apply in writing to the

EPA Regional Administrator in the

Region where the cleanup site is

located. Each application must contain

information described in the

notification required by § 761.61(a)(3).

EPA may request other information that

it believes necessary to evaluate the

application. No person may conduct

cleanup activities under this paragraph

prior to obtaining written approval by

EPA.

(2) EPA will issue a written decision

on each application for a risk-based

method for PCB remediation wastes.

EPA will approve such an application if

it finds that the method will not pose an

unreasonable risk of injury to health or

the environment.

§ 761.62 Disposal of PCB bulk product

waste.

PCB bulk product waste shall be

disposed of in accordance with

paragraph (a), (b), or (c) of this section.

Under some of these provisions, it may

not be necessary to determine the PCB

concentration or leaching characteristics

of the PCB bulk product waste. When it

is necessary to analyze the waste to

make either of these determinations, use

the applicable procedures in subpart R

of this part to sample the waste for

analysis, unless EPA approves another

sampling plan under paragraph (c) of

this section.

(a) Performance-based disposal. Any

person disposing of PCB bulk product

waste may do so as follows:

(1) In an incinerator approved under

§ 761.70.

(2) In a chemical waste landfill

approved under § 761.75.

(3) In a hazardous waste landfill

permitted by EPA under section 3004 of

RCRA, or by a State authorized under

section 3006 of RCRA.

(4) Under an alternate disposal

approval under § 761.60(e).

(5) In accordance with the

decontamination provisions of § 761.79.

(6) For metal surfaces in contact with

PCBs, in accordance with the thermal

decontamination provisions of

§ 761.79(c)(6).

(7) In accordance with a TSCA PCB

Coordinated Approval issued under

§ 761.77.

(b) Disposal in solid waste landfills.

(1) Any person may dispose of the

following PCB bulk product waste in a

facility permitted, licensed, or registered

by a State as a municipal or nonmunicipal non-hazardous waste landfill:

(i) Plastics (such as plastic insulation

from wire or cable; radio, television and

computer casings; vehicle parts; or

furniture laminates); preformed or

molded rubber parts and components;

applied dried paints, varnishes, waxes

or other similar coatings or sealants;

caulking; Galbestos; non-liquid building

demolition debris; or non-liquid PCB

bulk product waste from the shredding

of automobiles or household appliances

from which PCB small capacitors have

been removed (shredder fluff).

(ii) Other PCB bulk product waste,

sampled in accordance with the

protocols set out in subpart O of this

part, that leaches PCBs at <10 μg/L of

water measured using a procedure used

to simulate leachate generation.

(2) Any person may dispose of PCB

bulk product waste other than those

materials meeting the conditions of

paragraph (b)(1) of this section, (e.g.,

paper or felt gaskets contaminated by

liquid PCBs in a facility that is

permitted, licensed, or registered by a

State to manage municipal solid waste

subject to part 258 of this chapter or

non-municipal non-hazardous waste

subject to §§ 257.5 through 257.30 of

this chapter, as applicable, if:

(i) The PCB bulk product waste is

segregated from organic liquids

disposed of in the landfill unit.

(ii) Leachate is collected from the

landfill unit and monitored for PCBs.

(3) Any release of PCBs (including but

not limited to leachate) from the landfill

unit shall be cleaned up in accordance

with § 761.61.

(4)(i) Any person disposing off-site of

PCB bulk product waste regulated under

paragraph (b)(1) of this section at a

waste management facility not having a

commercial PCB storage or disposal

approval must provide written notice to

the facility a minimum of 15 days in

advance of the first shipment from the

same disposal waste stream. The notice

shall state that the PCB bulk product

waste may include components

containing PCBs at ≤50 ppm based on

analysis of the waste in the shipment or

application of a general knowledge of

the waste stream (or similar material)

which is known to contain PCBs at

those levels, and that the PCB bulk

product waste is known or presumed to

leach <10 μg/L PCBs.

(ii) Any person disposing off-site of

PCB bulk product waste regulated under

paragraph (b)(2) of this section at a

waste management facility not having a

commercial PCB storage or disposal

approval must provide written notice to

the facility a minimum of 15 days in

advance of the first shipment from the

same disposal waste stream and with

each shipment thereafter. The notice

shall state that the PCB bulk product

waste may include components

containing PCBs at ≥50 ppm based on
35452 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

analysis of the waste in the shipment or

application of a general knowledge of

the waste stream (or similar material)

which is known to contain PCBs at

those levels, and that the PCB bulk

product waste is known or presumed to

leach ≥10 μg/L PCBs.

(5) Any person disposing of PCB bulk

product waste must maintain a written

record of all sampling and analysis of

PCBs or notifications made under this

paragraph for 3 years from the date of

the waste’s generation. The records

must be made available to EPA upon

request.

(6) Requirements in subparts C and K

of this part do not apply to waste

disposed of under paragraph (b) of this

section.

(c) Risk-based cleanup approval. (1)

Any person wishing to sample or

dispose of PCB bulk product waste in a

manner other than prescribed in

paragraphs (a) or (b) of this section, or

store PCB bulk product waste in a

manner other than prescribed in

§ 761.65, must apply in writing to: the

EPA Regional Administrator in the

Region where the disposal or storage

site is located, for disposal or storage

occurring in a single EPA Region; or the

Director of the National Program

Chemicals Division, for disposal or

storage occurring in more than one EPA

Region. Each application must contain

information indicating that, based on

technical, environmental, or wastespecific characteristics or

considerations, the proposed storage or

disposal methods or locations will not

pose an unreasonable risk of injury to

health or the environment. EPA may

request other information that it

believes necessary to evaluate the

application. No person may conduct

disposal or storage activities under this

paragraph prior to obtaining written

approval by EPA.

(2) EPA will issue a written decision

on each application for a risk-based

storage or disposal method for PCB bulk

product wastes. EPA will approve such

an application if it finds that the method

will not pose an unreasonable risk of

injury to health or the environment.

(d) Disposal as daily landfill cover or

roadbed. Bulk product waste described

in paragraph (b)(1) of this section may

be disposed of:

(1) As daily landfill cover as long as

the daily cover remains in the landfill

and is not released or dispersed by wind

or other action; or

(2) Under asphalt as part of a road

bed.

§ 761.63 PCB household waste storage

and disposal.

PCB household waste, as defined at

§ 761.3, managed in a facility permitted,

licensed, or registered by a State to

manage municipal or industrial solid

waste, or in a facility with an approval

to dispose of PCB bulk product waste

under § 761.62(c), is not subject to any

other requirements of part 761 of this

chapter. PCB household waste stored in

a unit regulated for storage of PCB waste

must not be commingled with PCB

waste.

§ 761.64 Disposal of wastes generated as

a result of research and development

activities authorized under § 761.30(j) and

chemical analysis of PCBs.

This section provides disposal

requirements for wastes generated

during and as a result of research and

development authorized under

§ 761.30(j). This section also provides

disposal requirements for wastes

generated during the chemical analysis

of samples containing PCBs under part

761, including §§ 761.30, 761.60,

761.61, 761.62, and 761.79. For

determining the presence of PCBs in

samples, chemical analysis includes:

sample preparation, sample extraction,

extract cleanup, extract concentration,

addition of PCB standards, and

instrumental analysis.

(a) Portions of samples of a size

designated in a chemical extraction and

analysis method for PCBs and extracted

for purposes of determining the

presence of PCBs or concentration of

PCBs are unregulated for PCB disposal

under this part.

(b) All other wastes generated during

these activities are regulated for

disposal based on their concentration at

the time of disposal as follows:

(1) Liquid wastes, including rinse

solvents, must be disposed of according

to § 761.61(a)(5)(iv).

(2) Non-liquid wastes must be

disposed of in the same manner as nonliquid cleaning materials and personal

protective equipment waste according to

§ 761.61(a)(5)(v)(A).

n. In § 761.65, by revising paragraphs

(a), (b) introductory text, (b)(1)(ii),

(b)(1)(iv), and by adding paragraph

(b)(2); by revising paragraph (c)(1)(iv);

by removing the terms ‘‘facilities’’ and

‘‘facility’’ and adding, in their place, the

terms ‘‘units’’ and ‘‘unit’’, respectively

in paragraph (c)(4), by revising

paragraphs (c)(5), (c)(6), (c)(7)

introductory text, and (c)(8); by

redesignating paragraph (c)(9) as (c)(10)

and adding a new paragraph (c)(9); in

paragraph (d)(2)(iii) by removing the

term ‘‘facility’’ and adding, in its place,

the term ‘‘unit’’; by redesignating

paragraph (g)(7) as (g)(8) and by adding

new paragraphs (g)(7) and (g)(9); by

redesignating paragraph (j) as paragraph

(k) and adding a new paragraph (j), to

read as follows:

§ 761.65 Storage for disposal.

* * * * *

(a)(1) Storage limitations. Any PCB

waste shall be disposed of as required

by subpart D of this part within 1-year

from the date it was determined to be

PCB waste and the decision was made

to dispose of it. This date is the date of

removal from service for disposal and

the point at which the 1-year time frame

for disposal begins. PCB/radioactive

waste removed from service for disposal

is exempt from the 1-year time limit

provided that the provisions at

paragraphs (a)(2)(ii) and (a)(2)(iii) of this

section are followed and the waste is

managed in accordance with all other

applicable Federal, State, and local laws

and regulations for the management of

radioactive material.

(2) One-year extension. Any person

storing PCB waste that is subject to the

1-year time limit for storage and

disposal in paragraph (a)(1) of this

section may provide written notification

to the EPA Regional Administrator for

the Region in which the PCB waste is

stored that their continuing attempts to

dispose of or secure disposal for their

waste within the 1-year time limit have

been unsuccessful. Upon receipt of the

notice by the EPA Regional

Administrator, the time for disposal is

automatically extended for 1 additional

year (2 years total) if the following

conditions are met:

(i) The notification is received by the

EPA Regional Administrator at least 30

days before the initial 1-year time limit

expires and the notice identifies the

storer, the types, volumes, and locations

of the waste and the reasons for failure

to meet the initial 1-year time limit.

(ii) A written record documenting all

continuing attempts to secure disposal

is maintained until the waste is

disposed of.

(iii) The written record required by

paragraph (a)(2)(ii) of this section is

available for inspection or submission if

requested by EPA.

(iv) Continuing attempts to secure

disposal were initiated within 270 days

after the time the waste was first subject

to the 1-year time limit requirement, as

specified in paragraph (a)(1) of this

section. Failure to initiate and continue

attempts to secure disposal throughout

the total time the waste is in storage

shall automatically disqualify the

notifier from receiving an automatic

extension under this section.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35453

(3) Additional extensions. Upon

written request, the EPA Regional

Administrator for the Region in which

the wastes are stored or the Director,

National Program Chemicals Division,

may grant additional extensions beyond

the 1-year extension authorized in

paragraph (a)(2) of this section. At the

time of the request, the requestor must

supply specific justification for the

additional extension and indicate what

measures the requestor is taking to

secure disposal of the waste or indicate

why disposal could not be conducted

during the period of the prior extension.

The EPA Regional Administrator or the

Director, National Program Chemicals

Division may require, as a condition to

granting any extension under this

section, specific actions including, but

not limited to, marking, inspection,

recordkeeping, or financial assurance to

ensure that the waste does not pose an

unreasonable risk of injury to health or

the environment.

(4) Storage at an approved facility.

Increased time for storage may be

granted as a condition of any TSCA PCB

storage or disposal approval, by the EPA

Regional Administrator for the Region

in which the PCBs or PCB Items are to

be stored or disposed of, or by the

Director, National Program Chemicals

Division, if EPA determines that there is

a demonstrated need or justification for

additional time, that the owner or

operator of the facility is pursuing

relevant treatment or disposal options,

and that no unreasonable risk of injury

to health or the environment will result

from the increased storage time. In

making this determination, EPA will

consider such factors as absence of any

approved treatment technology and

insufficient time to complete the

treatment or destruction process. EPA

may require as a condition of the

approval that the owner or operator

submit periodic progress reports.

(b) Except as provided in paragraphs

(b)(2), (c)(1), (c)(7), (c)(9), and (c)(10) of

this section, after July 1, 1978, owners

or operators of any facilities used for the

storage of PCBs and PCB Items

designated for disposal shall comply

with the following storage unit

requirements:

(1) * * *

(ii) An adequate floor that has

continuous curbing with a minimum 6

inch high curb. The floor and curbing

must provide a containment volume

equal to at least two times the internal

volume of the largest PCB Article or

PCB Container or 25 percent of the total

internal volume of all PCB Articles or

PCB Containers stored there, whichever

is greater. PCB/radioactive wastes are

not required to be stored in an area with

a minimum 6 inch high curbing.

However, the floor and curbing must

still provide a containment volume

equal to at least two times the internal

volume of the largest PCB Container or

25 percent of the total internal volume

of all PCB Containers stored there,

whichever is greater.

* * * * *

(iv) Floors and curbing constructed of

Portland cement, concrete, or a

continuous, smooth, non-porous surface

as defined at § 761.3, which prevents or

minimizes penetration of PCBs.

* * * * *

(2) No person may store PCBs and

PCB Items designated for disposal in a

storage unit other than one approved

pursuant to paragraph (d) of this section

or meeting the design requirements of

paragraph (b) of this section, unless the

unit meets one of the following

conditions:

(i) Is permitted by EPA under section

3004 of RCRA to manage hazardous

waste in containers, and spills of PCBs

are cleaned up in accordance with

subpart G of this part.

(ii) Qualifies for interim status under

section 3005 of RCRA to manage

hazardous waste in containers, meets

the requirements for containment at

§ 264.175 of this chapter, and spills of

PCBs are cleaned up in accordance with

subpart G of this part.

(iii) Is permitted by a State authorized

under section 3006 of RCRA to manage

hazardous waste in containers, and

spills of PCBs are cleaned up in

accordance with subpart G of this part.

(iv) Is approved or otherwise

regulated pursuant to a State PCB waste

management program no less stringent

in protection of health or the

environment than the applicable TSCA

requirements found in this part.

(v) Is subject to a TSCA Coordinated

Approval, which includes provisions for

storage of PCBs, issued pursuant to

§ 761.77.

(vi) Has a TSCA PCB waste

management approval, which includes

provisions for storage, issued pursuant

to § 761.61(c) or § 761.62(c).

(c)(1) * * *

(iv) PCB containers containing liquid

PCBs at concentrations of ≥50 ppm,

provided a Spill Prevention, Control

and Countermeasure Plan has been

prepared for the temporary storage area

in accordance with part 112 of this

chapter and the liquid PCB waste is in

packaging authorized in the DOT

Hazardous Materials Regulations at 49

CFR parts 171 through 180 or stationary

bulk storage tanks (including rolling

stock such as, but not limited to, tanker

trucks, as specified by DOT).

* * * * *

(5) All PCB Items in storage shall be

checked for leaks at least once every 30

days. Any leaking PCB Items and their

contents shall be transferred

immediately to properly marked nonleaking containers. Any spilled or

leaked materials shall be immediately

cleaned up and the materials and

residues containing PCBs shall be

disposed of in accordance with § 761.61.

Records of inspections, maintenance,

cleanup and disposal must be

maintained in accordance with

§ 761.180(a) and (b).

(6) Except as provided in paragraphs

(c)(6)(i) and (c)(6)(ii) of this section, any

container used for the storage of liquid

or non-liquid PCB waste shall be in

accordance with the requirements set

forth in the DOT Hazardous Materials

Regulations (HMR) at 49 CFR parts 171

through 180. PCB waste not subject to

the HMR (i.e., PCB wastes at

concentrations of <20 ppm or <1 pound

of PCBs regardless of concentration)

must be packaged in accordance with

Packaging Group III, unless other

hazards associated with the PCB waste

cause it to require packaging in

accordance with Packaging Groups I or

II. For purposes of describing PCB waste

not subject to DOT’s HMR on a

manifest, one may use the term ‘‘NonDOT Regulated PCBs.’’

(i) Containers other than those

meeting HMR performance standards

may be used for storage of PCB/

radioactive waste provided the

following requirements are met:

(A) Containers used for storage of

liquid PCB/radioactive wastes must be

non-leaking.

(B) Containers used for storage of nonliquid PCB/ radioactive wastes must be

designed to prevent the buildup of

liquids if such containers are stored in

an area meeting the containment

requirements of paragraph (b)(1)(ii) of

this section, as well as all other

applicable State or Federal regulations

or requirements for control of

radioactive materials.

(C) Containers used to store both

liquid and non-liquid PCB/radioactive

wastes must meet all regulations and

requirements pertaining to nuclear

criticality safety. Acceptable container

materials currently include

polyethylene and stainless steel

provided that the container material is

chemically compatible with the wastes

being stored. Other containers may be

used to store both liquid and non-liquid

PCB/radioactive wastes if the users are

able to demonstrate, to the appropriate

Regional Administrator and other

appropriate regulatory authorities (i.e.,

Nuclear Regulatory Commission,

Department of Energy or the Department
35454 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

of Transportation), that the use of such

containers is protective of health and

the environment as well as public

health and safety.

(ii) The following DOT specification

containers that conform to the

requirements of 49 CFR, chapter I,

subchapter C in effect on September 30,

1991, may be used for storage and

transportation activities that are not

subject to DOT regulation, and may be

used on a transitional basis as permitted

at 49 CFR 171.14. For liquid PCBs:

Specification 5 container without

removable head, Specification 5B

container without removable head,

Specification 6D overpack with

Specification 2S or 2SL polyethylene

containers, or Specification 17E

container. For non-liquid PCBs:

Specification 5 container, Specification

5B container, or Specification 17C

container.

(7) Stationary storage containers for

liquid PCBs can be larger than the

containers specified in paragraph (c)(6)

of this section provided that:

* * * * *

(8) PCB Items shall be dated on the

item when they are removed from

service for disposal. The storage shall be

managed so that the PCB Items can be

located by this date. Storage containers

provided in paragraph (c)(7) of this

section, shall have a record that

includes for each batch of PCBs the

quantity of the batch and date the batch

was added to the container. The record

shall also include the date, quantity,

and disposition of any batch of PCBs

removed from the container.

(9) Bulk PCB remediation waste or

PCB bulk product waste may be stored

at the clean-up site or site of generation

for 180 days subject to the following

conditions:

(i) The waste is placed in a pile

designed and operated to control

dispersal of the waste by wind, where

necessary, by means other than wetting.

(ii) The waste must not generate

leachate through decomposition or other

reactions.

(iii) The storage site must have:

(A) A liner that is designed,

constructed, and installed to prevent

any migration of wastes off or through

the liner into the adjacent subsurface

soil, ground water or surface water at

any time during the active life

(including the closure period) of the

storage site. The liner may be

constructed of materials that may allow

waste to migrate into the liner. The liner

must be:

(1) Constructed of materials that have

appropriate chemical properties and

sufficient strength and thickness to

prevent failure due to pressure gradients

(including static head and external

hydrogeologic forces), physical contact

with the waste or leachate to which they

are exposed, climatic conditions, the

stress of installation, and the stress of

daily operation.

(2) Placed upon a foundation or base

capable of providing support to the liner

and resistance to pressure gradients

above and below the liner to prevent

failure of the liner due to settlement,

compression, or uplift.

(3) Installed to cover all surrounding

earth likely to be in contact with the

waste.

(B) A cover that meets the

requirements of paragraph (c)(9)(iii)(A)

of this section, is installed to cover all

of the stored waste likely to be

contacted with precipitation, and is

secured so as not to be functionally

disabled by winds expected under

normal seasonal meteorological

conditions at the storage site.

(C) A run-on control system designed,

constructed, operated, and maintained

such that:

(1) It prevents flow onto the stored

waste during peak discharge from at

least a 25-year storm.

(2) It collects and controls at least the

water volume resulting from a 24-hour,

25-year storm. Collection and holding

facilities (e.g., tanks or basins) must be

emptied or otherwise managed

expeditiously after storms to maintain

design capacity of the system.

(iv) The provisions of this paragraph

may be modified under § 761.61(c).

* * * * *

(g) * * *

(7) The corporate guarantee as

specified in § 264.143(f)(10) of this

chapter.

* * * * *

(9) A modification to a facility storing

PCB waste that increases the maximum

storage capacity indicated in the permit

requires that a new financial assurance

mechanism be established or an existing

one be amended. When such a

modification occurs, the Director of the

Federal or State issuing authority must

be notified in writing no later than 30

days from the completion of the

modification. The new or revised

financial assurance mechanism must be

established and activated no later than

30 days after the Director of the Federal

or State issuing authority is notified of

the completion of the modification, but

prior to the use of the modified portion

of the facility.

* * * * *

(j) Changes in ownership or

operational control of a commercial

storage facility. The date of transfer of

interim status or final approval shall be

the date the EPA Regional

Administrator (or Director, National

Program Chemicals Division) provides

written approval of the transfer. EPA

will provide a final written decision

within 90 days of receipt of the

complete new or amended application.

The Agency will approve the transfer if

the following conditions are met:

(1) The transferee has established

financial assurance for closure pursuant

to paragraph (g) of this section using a

mechanism effective as of the date of

final approval so that there will be no

lapse in financial assurance for the

transferred facility.

(2) The transferor or transferee has

resolved any deficiencies (e.g., technical

operations, closure plans, cost

estimates, etc.) the Agency has

identified in the transferor’s application.

* * * * *

o. By adding §§ 761.71 and 761.72 to

read as follows:

§ 761.71 High efficiency boilers.

(a) To burn mineral oil dielectric fluid

containing a PCB concentration of ≥50

ppm, but <500 ppm:

(1) The boiler shall comply with the

following criteria:

(i) The boiler is rated at a minimum

of 50 million BTU hours.

(ii) If the boiler uses natural gas or oil

as the primary fuel, the carbon

monoxide concentration in the stack is

≤50 ppm and the excess oxygen is at

least 3 percent when PCBs are being

burned.

(iii) If the boiler uses coal as the

primary fuel, the carbon monoxide

concentration in the stack is ≤100 ppm

and the excess oxygen is at least 3

percent when PCBs are being burned.

(iv) The mineral oil dielectric fluid

does not comprise more than 10 percent

(on a volume basis) of the total fuel feed

rate.

(v) The mineral oil dielectric fluid is

not fed into the boiler unless the boiler

is operating at its normal operating

temperature (this prohibits feeding these

fluids during either start up or shut

down operations).

(vi) The owner or operator of the

boiler:

(A) Continuously monitors and

records the carbon monoxide

concentration and excess oxygen

percentage in the stack gas while

burning mineral oil dielectric fluid; or

(B) If the boiler will burn <30,000

gallons of mineral oil dielectric fluid per

year, measures and records the carbon

monoxide concentration and excess

oxygen percentage in the stack gas at

regular intervals of no longer than 60

minutes while burning mineral oil

dielectric fluid.

(vii) The primary fuel feed rates,

mineral oil dielectric fluid feed rates,
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35455

and total quantities of both primary fuel

and mineral oil dielectric fluid fed to

the boiler are measured and recorded at

regular intervals of no longer than 15

minutes while burning mineral oil

dielectric fluid.

(viii) The carbon monoxide

concentration and the excess oxygen

percentage are checked at least once

every hour that mineral oil dielectric

fluid is burned. If either measurement

falls below the levels specified in this

section, the flow of mineral oil

dielectric fluid to the boiler shall be

stopped immediately.

(2) Thirty days before any person

burns mineral oil dielectric fluid in the

boiler, the person gives written notice to

the EPA Regional Administrator for the

EPA Region in which the boiler is

located and that the notice contains the

following information:

(i) The name and address of the owner

or operator of the boiler and the address

of the boiler.

(ii) The boiler rating in units of BTU/

hour.

(iii) The carbon monoxide

concentration and the excess oxygen

percentage in the stack of the boiler

when it is operated in a manner similar

to the manner in which it will be

operated when mineral oil dielectric

fluid is burned.

(iv) The type of equipment, apparatus,

and procedures to be used to control the

feed of mineral oil dielectric fluid to the

boiler and to monitor and record the

carbon monoxide concentration and

excess oxygen percentage in the stack.

(3) When burning mineral oil

dielectric fluid, the boiler must operate

at a level of output no less than the

output at which the measurements

required under paragraph (a)(2)(iii) of

this section were taken.

(4) Any person burning mineral oil

dielectric fluid in a boiler obtains the

following information and retains the

information for 5 years at the boiler

location:

(i) The data required to be collected

under paragraphs (a)(1)(vi) and (vii) of

this section.

(ii) The quantity of mineral oil

dielectric fluid burned in the boiler each

month.

(b) To burn liquids, other than

mineral oil dielectric fluid, containing a

PCB concentration of ≥50 ppm, but <500

ppm:

(1) The boiler shall comply with the

following criteria:

(i) The boiler is rated at a minimum

of 50 million BTU/hour.

(ii) If the boiler uses natural gas or oil

as the primary fuel, the carbon

monoxide concentration in the stack is

≤50 ppm and the excess oxygen is at

least 3 percent when PCBs are being

burned.

(iii) If the boiler uses coal as the

primary fuel, the carbon monoxide

concentration in the stack is ≤100 ppm

and the excess oxygen is at least 3

percent when PCBs are being burned.

(iv) The waste does not comprise

more than 10 percent (on a volume

basis) of the total fuel feed rate.

(v) The waste is not fed into the boiler

unless the boiler is operating at its

normal operating temperature (this

prohibits feeding these fluids during

either start up or shut down operations).

(vi) The owner or operator of the

boiler must:

(A) Continuously monitor and record

the carbon monoxide concentration and

excess oxygen percentage in the stack

gas while burning waste fluid; or

(B) If the boiler will burn <30,000

gallons of waste fluid per year, measure

and record the carbon monoxide

concentration and excess oxygen

percentage in the stack gas at regular

intervals of no longer than 60 minutes

while burning waste fluid.

(vii) The primary fuel feed rate, waste

fluid feed rate, and total quantities of

both primary fuel and waste fluid fed to

the boiler must be measured and

recorded at regular intervals of no

longer than 15 minutes while burning

waste fluid.

(viii) The carbon monoxide

concentration and the excess oxygen

percentage must be checked at least

once every hour that the waste is

burned. If either measurement falls

below the levels specified in either

(a)(1)(ii) or (a)(1)(iii) of this section, the

flow of waste to the boiler shall be

stopped immediately.

(2) Prior to any person burning these

liquids in the boiler, approval must be

obtained from the EPA Regional

Administrator for the EPA Region in

which the boiler is located and any

persons seeking such approval must

submit to the EPA Regional

Administrator a request containing at

least the following information:

(i) The name and address of the owner

or operator of the boiler and the address

of the boiler.

(ii) The boiler rating in units of BTU/

hour.

(iii) The carbon monoxide

concentration and the excess oxygen

percentage in the stack of the boiler

when it is operated in a manner similar

to the manner in which it will be

operated when low concentration PCB

liquid is burned.

(iv) The type of equipment, apparatus,

and procedures to be used to control the

feed of mineral oil dielectric fluid to the

boiler and to monitor and record the

carbon monoxide concentration and

excess oxygen percentage in the stack.

(v) The type of waste to be burned

(e.g., hydraulic fluid, contaminated fuel

oil, heat transfer fluid, etc.).

(vi) The concentration of PCBs and of

any other chlorinated hydrocarbon in

the waste and the results of analyses

using the American Society of Testing

and Materials (ASTM) methods as

follows: Carbon and hydrogen content

using ASTM D-3178-84, nitrogen

content using ASTM E-258-67

(Reapproved 1987), sulfur content using

ASTM D-2784-89, ASTM D-1266-87, or

ASTM D-129-64, chlorine content using

ASTM D-808-87, water and sediment

content using either ASTM D-2709-88 or

ASTM D-1796-83 (Reapproved 1990),

ash content using ASTM D-482-87,

calorific value using ASTM D-240-87,

carbon residue using either ASTM D2158-89 or ASTM D-524-88, and flash

point using ASTM D-93-90.

(vii) The quantity of wastes estimated

to be burned in a 30–day period.

(viii) An explanation of the

procedures to be followed to ensure that

burning the waste will not adversely

affect the operation of the boiler such

that combustion efficiency will

decrease.

(3) On the basis of the information in

paragraph (b)(2) of this section and any

other available information, the

Regional Administrator may, at his/her

discretion, find that the alternate

disposal method will not present an

unreasonable risk of injury to health or

the environment and approve the use of

the boiler.

(4) When burning PCB wastes, the

boiler must operate at a level of output

no less than the output at which the

measurements required under paragraph

(b)(2)(iii) of this section were taken.

(5) Any person burning liquids in

boilers approved as provided in

paragraph (b)(3) of this section, must

obtain the following information and

retain the information for 5 years at the

boiler location:

(i) The data required to be collected

in paragraphs (b)(1)(vi) and (b)(1)(vii) of

this section.

(ii) The quantity of low concentration

PCB liquid burned in the boiler each

month.

(iii) The analysis of the waste required

by paragraph (b)(2)(vi) of this section

taken once a month for each month

during which low concentration PCB

liquid is burned in the boiler.

§ 761.72 Scrap metal recovery ovens and

smelters.

Any person may dispose of residual

PCBs associated with PCBContaminated articles regulated for
35456 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

disposal under § 761.60(b), metal

surfaces in PCB remediation waste

regulated under § 761.61, or metal

surfaces in PCB bulk product waste

regulated under §§ 761.62(a)(6) and

761.79(c)(6), from which all free-flowing

liquids have been removed:

(a) In a scrap metal recovery oven:

(1) The oven shall have at least two

enclosed (i.e., negative draft, no fugitive

emissions) interconnected chambers.

(2) The equipment with all freeflowing liquid removed shall first be

placed in the primary chamber at room

temperature.

(3) The primary chamber shall operate

at a temperature between 537 °C and

650 °C for a minimum of 21⁄2 hours and

reach a minimum temperature of 650 °C

(1,202 °F) once during each heating

cycle or batch treatment of unheated,

liquid-free equipment.

(4) Heated gases from the primary

chamber must feed directly into the

secondary chamber (i.e., afterburner)

which must operate at a minimum

temperature of 1,200 °C (2,192 °F) with

at least a 3 percent excess oxygen and

a retention time of 2.0 seconds with a

minimum combustion efficiency of 99.9

percent according to the definition in

§ 761.70(a)(2).

(5) Heating of the primary chamber

shall not commence until the secondary

chamber has reached a temperature of

1,200 ± 100 °C (2,192 ° ± 180 °F).

(6) Continuous emissions monitors

and recorders for carbon dioxide, carbon

monoxide, and excess oxygen in the

secondary chamber and continuous

temperature recorders in the primary

and secondary chambers shall be

installed and operated while the

primary and secondary chambers are in

operation to assure that the two

chambers are within the operating

parameters in paragraphs (a)(3) through

(a)(5) of this section.

(7) Emissions from the secondary

chamber shall be vented through an

exhaust gas stack in accordance with

valid State and local air regulations and

permits, which include a standard for

PCBs or meets the standards in

paragraph (a)(8) of this section.

(8) Exhaust gas stack emissions shall

be for: particulates <0.015 grains/dry

standard cubic foot, sulfur dioxide <35

parts per million by volume (ppmv),

nitrogen oxide <150 ppmv, carbon

monoxide <35 ppmv, and hydrogen

chloride <35 ppmv.

(9) A measurement of the temperature

in the secondary chamber at the time

the primary chamber starts heating must

be taken, recorded and retained at the

facility for 3 years from the date each

charge is introduced into the primary

chamber.

(b) By smelting:

(1) The operating temperature of the

hearth must be at least 1,000 °C at the

time it is charged with any PCBContaminated non-porous surface.

(2) Each charge containing a PCBContaminated item must be added into

molten metal or a hearth at ≥1,000 °C.

(3) Successive charges may not be

introduced into the hearth in less than

15–minute intervals.

(4) The smelter must operate in

compliance with any applicable

emissions standards in part 60 of this

chapter.

(5) The smelter must have an

operational device which accurately

measures directly or indirectly, the

temperature in the hearth.

(6) Take, record and retain at the

disposal facility for 3 years from the

date each charge is introduced, a

reading of the temperature in the hearth

at the time it is charged with a nonporous surface item.

(c)(1) Scrap metal recovery ovens and

smelters must either have a final permit

under RCRA (part 266, subpart H of this

chapter and § 270.66 of this chapter) or

be operating under a valid State air

emissions permit which includes a

standard for PCBs.

(2) Scrap metal recovery ovens and

smelters disposing of PCBs must

provide notification as disposers of

PCBs, are not required to submit annual

reports, and shall otherwise comply

with all applicable provisions of

subparts J and K of this part, as well as

other applicable Federal, State, and

local laws and regulations.

(3) In lieu of the requirement in

paragraphs (a) and (b) of this section,

upon written request by the owner or

operator of a scrap metal recovery oven

or smelter, the EPA Regional

Administrator, for the Region where the

oven or smelter is located, may make a

finding in writing, based on a sitespecific risk assessment, that the oven

or smelter does not pose an

unreasonable risk of injury to health or

the environment because it is operating

in compliance with the parameters and

conditions listed in paragraphs (a)(1)

through (a)(8) and (b)(1) through (b)(9)

of this section even though the oven or

smelter does not have a RCRA or State

air permit as required by paragraph

(c)(1) of this section. The written request

shall include a site-specific risk

assessment.

(d) PCB liquids, other liquid waste

qualifying as waste oils which may be

used as provided for at § 761.20(e), or

PCB remediation waste, other than PCBContaminated articles, may not be

disposed of in a scrap metal recovery

oven or smelter unless approved or

otherwise allowed under subpart D of

this part.

§ 761.75 [Amended]

p. In § 761.75, by removing the term

‘‘facility’’ and adding, in its place, the

term ‘‘unit’’ wherever it appears in

paragraphs (b)(7)(i), (b)(7)(ii), and

(b)(7)(iii).

q. By adding § 761.77 to read as

follows:

§ 761.77 Coordinated approval.

(a) General requirements.

Notwithstanding any other provision of

this part, the EPA Regional

Administrator for the Region in which

a PCB disposal or PCB commercial

storage facility described in paragraphs

(b) and (c) of this section is located may

issue a TSCA PCB Coordinated

Approval to the persons described in

those paragraphs if the conditions listed

in this section are met. A TSCA PCB

Coordinated Approval will designate

the persons who own and who are

authorized to operate the facilities

described in paragraphs (b) and (c) of

this section and will apply only to such

persons. All requirements, conditions,

and limitations of any other permit or

waste management document cited or

described in paragraphs (b) and (c) of

this section, as the technical or legal

basis on which the TSCA PCB

Coordinated Approval is issued, are

conditions of the TSCA PCB

Coordinated Approval.

(1) Persons seeking a TSCA PCB

Coordinated Approval shall submit a

request for approval by certified mail, to

the EPA Regional Administrator for the

Region in which the activity will take

place. Persons seeking a TSCA PCB

Coordinated Approval for a new PCB

activity shall submit the request for

approval at the same time they seek a

permit, approval, or other action for a

PCB waste management activity under

any other Federal or State authority.

(i) The request for a TSCA PCB

Coordinated Approval shall include a

copy of the letter from EPA announcing

or confirming the EPA identification

number issued to the facility for

conducting PCB activities; the name,

organization, and telephone number of

the person who is the contact point for

the non-TSCA Federal or State waste

management authority; a copy of the

relevant permit or waste management

document specified in paragraphs (b)

and (c) of this section, including all

requirements, conditions, and

limitations, if the EPA Regional

Administrator does not have a copy of

the document, or a description of the

waste management activities to be
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35457

conducted if a permit or other relevant

waste management document has not

been issued; and a certification that the

person who owns or operates the facility

is aware of and will adhere to the TSCA

PCB reporting and recordkeeping

requirements at subparts J and K of this

part.

(ii) The EPA Regional Administrator

shall review the request for

completeness, for compliance with the

requirements of paragraphs (b) and (c) of

this section, and to ensure that the PCB

activity for which approval is requested

will not present an unreasonable risk of

injury to health or the environment. The

EPA Regional Administrator shall

either:

(A) Issue a written notice of

deficiency explaining why the request

for approval is deficient. If appropriate,

the EPA Regional Administrator may

either:

(1) Request additional information to

cure the deficiency.

(2) Deny the request for a TSCA PCB

Coordinated Approval.

(B) Issue a letter granting or denying

the TSCA PCB Coordinated Approval. If

the EPA Regional Administrator grants

the TSCA PCB Coordinated Approval,

he or she may acknowledge the nonTSCA approval meets the regulatory

requirements under TSCA as written, or

require additional conditions the EPA

Regional Administrator has determined

are necessary to prevent unreasonable

risk of injury to health or the

environment.

(C) If the EPA Regional Administrator

denies a request for a Coordinated

Approval under paragraphs (a)(1)(ii)(A)

or (a)(1)(ii)(B) of this section, the person

who requested the TSCA PCB

Coordinated Approval may submit an

application for a TSCA Disposal

Approval.

(2) The EPA Regional Administrator

may issue a notice of deficiency, revoke

the TSCA PCB Coordinated Approval,

require the person to whom the TSCA

PCB Coordinated Approval was issued

to submit an application for a TSCA

PCB approval, or bring an enforcement

action under TSCA if he or she

determines that:

(i) Conditions of the approval relating

to PCB waste management activities are

not met.

(ii) The PCB waste management

process is being operated in a manner

which may result in an unreasonable

risk of injury to health or the

environment.

(iii) The non-TSCA approval expires,

is revoked, is suspended, or otherwise

ceases to be in full effect.

(3) Any person with a TSCA PCB

Coordinated Approval must notify the

EPA Regional Administrator in writing

within 5 calendar days of changes

relating to PCB waste requirements in

the non-TSCA waste management

document which serves as the basis for

a TSCA PCB Coordinated Approval.

Changes in the ownership of a

commercial storage facility which holds

a TSCA PCB Coordinated Approval

shall be handled pursuant to § 761.65(j).

(b) Any person who owns or operates

a facility that he or she intends to use

to landfill PCB wastes; incinerate PCB

wastes; dispose of PCB wastes using an

alternative disposal method that is

equivalent to disposal in an incinerator

approved under § 761.70 or a high

efficiency boiler operating in

compliance with § 761.71; or stores PCB

wastes may apply for a TSCA PCB

Coordinated Approval. The EPA

Regional Administrator may approve

the request if the EPA Regional

Administrator determines that the

activity will not pose an unreasonable

risk of injury to health or the

environment and the person:

(1)(i) Has a waste management permit

or other decision or enforcement

document which exercises control over

PCB wastes, issued by EPA or an

authorized State Director for a State

program that has been approved by EPA

and is no less stringent in protection of

health or the environment than the

applicable TSCA requirements found in

this part; or

(ii) Has a PCB waste management

permit or other decision or enforcement

document issued by a State Director

pursuant to a State PCB waste

management program no less stringent

in protection of health or the

environment than the applicable TSCA

requirements found in this part; or

(iii) Is subject to a waste management

permit or other decision or enforcement

document which is applicable to the

disposal of PCBs and which was issued

through the promulgation of a

regulation published in Title 40 of the

Code of Federal Regulations.

(2) Complies with the terms and

conditions of the permit or other

decision or enforcement document

described in paragraph (b)(1) of this

section.

(3) Unless otherwise waived or

modified in writing by the EPA Regional

Administrator, complies with

§ 761.75(b); § 761.70(a)(1) through (a)(9),

(b)(1) and (b)(2), and (c); or the PCB

storage requirements at §§ 761.65(a), (c),

and (d)(2), as appropriate.

(4) Complies with the reporting and

recordkeeping requirements in subparts

J and K of this part.

(c) A person conducting research and

development (R&D) into PCB disposal

methods (regardless of PCB

concentration), or conducting PCB

remediation activities may apply for a

TSCA PCB Coordinated Approval. The

EPA Regional Administrator may

approve the request if the EPA Regional

Administrator determines that the

activity will not pose an unreasonable

risk of injury to health or the

environment and the person:

(1)(i) Has a permit or other decision

and enforcement document issued or

otherwise agreed to by EPA, or permit

or other decision and enforcement

document issued by an authorized State

Director for a State program that has

been approved by EPA, which exercises

control over the management of PCB

wastes, and that person is in compliance

with all terms and conditions of that

document; or

(ii) Has a permit, which exercises

control over the management of PCB

wastes, issued by a State Director

pursuant to a State PCB disposal

program no less stringent than the

requirements in this part.

(2) Complies with the terms and

conditions of that permit or other

decision and enforcement document.

(3) Complies with the reporting and

recordkeeping requirements in subparts

J and K of this part.

r. By revising § 761.79 to read as

follows:

§ 761.79 Decontamination standards and

procedures.

(a) Applicability. This section

establishes decontamination standards

and procedures for removing PCBs,

which are regulated for disposal, from

water, organic liquids, non-porous

surfaces (including scrap metal from

disassembled electrical equipment),

concrete, and non-porous surfaces

covered with a porous surface, such as

paint or coating on metal.

(1) Decontamination in accordance

with this section does not require a

disposal approval under subpart D of

this part.

(2) Materials from which PCBs have

been removed by decontamination in

accordance with this section may be

distributed in commerce in accordance

with § 761.20(c)(5).

(3) Materials from which PCBs have

been removed by decontamination in

accordance with this section may be

used or reused in accordance with

§ 761.30(u).

(4) Materials from which PCBs have

been removed by decontamination in

accordance with this section, not

including decontamination waste and

residuals under paragraph (g) of this

section, are unregulated for disposal

under subpart D of this part.
35458 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

(5) Any person decontaminating

porous surfaces other than concrete

under paragraph (b)(4) of this section

and non-porous surfaces covered with a

porous surface, such as paint or coating

on metal, under paragraph (b)(3) or

(c)(8) of this section must obtain an

alternative decontamination approval in

accordance with paragraph (h) of this

section.

(6) Any person engaging in

decontamination under this section is

responsible for determining and

complying with all other applicable

Federal, State, and local laws and

regulations.

(b) Decontamination standards.

Chopping (including wire chopping),

distilling, filtering, oil/water separation,

spraying, soaking, wiping, stripping of

insulation, scraping, scarification or the

use of abrasives or solvents may be used

to remove or separate PCBs, to the

following standards, from liquids,

concrete, or non-porous surfaces.

(1) The decontamination standard for

water containing PCBs is:

(i) Less than 200 μg/L (i.e., <200 ppb

PCBs) for non-contact use in a closed

system where there are no releases;

(ii) For water discharged to a

treatment works (as defined in

§ 503.9(aa) of this chapter) or to

navigable waters, <3 μg/L

(approximately <3 ppb) or a PCB

discharge limit included in a permit

issued under section 307(b) or 402 of

the Clean Water Act; or

(iii) Less than or equal to 0.5 μg/L

(i.e., approximately ≤0.5 ppb PCBs) for

unrestricted use.

(2) The decontamination standard for

organic liquids and non-aqueous

inorganic liquids containing PCBs is <2

milligrams per kilogram (i.e., <2 ppm

PCBs).

(3) The decontamination standard for

non-porous surfaces in contact with

liquid and non-liquid PCBs is:

(i) For unrestricted use:

(A) For non-porous surfaces

previously in contact with liquid PCBs

at any concentration, where no freeflowing liquids are currently present,

≤10 micrograms PCBs per 100 square

centimeters (≤10 μg/100 cm2) as

measured by a standard wipe test

(§ 761.123) at locations selected in

accordance with subpart P of this part.

(B) For non-porous surfaces in contact

with non-liquid PCBs (including nonporous surfaces covered with a porous

surface, such as paint or coating on

metal), cleaning to Visual Standard No.

2, Near-White Blast Cleaned Surface

Finish, of the National Association of

Corrosion Engineers (NACE). A person

shall verify compliance with standard

No. 2 by visually inspecting all cleaned

areas.

(ii) For disposal in a smelter operating

in accordance with § 761.72(b):

(A) For non-porous surfaces

previously in contact with liquid PCBs

at any concentration, where no freeflowing liquids are currently present,

<100 μg/100 cm2 as measured by a

standard wipe test (§ 761.123) at

locations selected in accordance with

subpart P of this part.

(B) For non-porous surfaces in contact

with non-liquid PCBs (including nonporous surfaces covered with a porous

surface, such as paint or coating on

metal), cleaning to Visual Standard No.

3, Commercial Blast Cleaned Surface

Finish, of the National Association of

Corrosion Engineers (NACE). A person

shall verify compliance with standard

No. 3 by visually inspecting all cleaned

areas.

(4) The decontamination standard for

concrete is ≤10 μg/100 cm2 as measured

by a standard wipe test (§ 761.123) if the

decontamination procedure is

commenced within 72 hours of the

initial spill of PCBs to the concrete or

portion thereof being decontaminated.

(c) Self-implementing

decontamination procedures. The

following self-implementing

decontamination procedures are

available as an alternative to the

measurement-based decontamination

methods specified in paragraph (b) of

this section. Any person performing

self-implementing decontamination

must comply with one of the following

procedures.

(1) Any person decontaminating a

PCB Container must do so by flushing

the internal surfaces of the container

three times with a solvent containing

<50 ppm PCBs. Each rinse shall use a

volume of the flushing solvent equal to

approximately 10 percent of the PCB

Container capacity.

(2) Any person decontaminating

movable equipment contaminated by

PCBs and used in storage areas, tools,

and sampling equipment may do so by:

(i) Swabbing surfaces that have

contacted PCBs with a solvent;

(ii) A double wash/rinse as defined in

subpart S of this part; or

(iii) Another applicable

decontamination procedure in this

section.

(3) Any person decontaminating a

non-porous surface in contact with freeflowing mineral oil dielectric fluid

(MODEF) at levels ≤10,000 ppm PCBs

must do so as follows:

(i) Drain the free-flowing MODEF and

allow the residual surfaces to drain for

an additional 15 hours.

(ii) Dispose of drained MODEF

according to paragraph (g) of this

section.

(iii) Soak the surfaces to be

decontaminated in a sufficient amount

of clean (containing <2 ppm PCBs)

performance-based organic

decontamination fluid (PODF) such that

there is a minimum of 800 ml of PODF

for each 100 cm2 of contaminated or

potentially contaminated surface for at

least 15 hours at ≥20 °C.

(iv) Approved PODFs include:

(A) Kerosene.

(B) Diesel fuel.

(C) Terpene hydrocarbons.

(D) Mixtures of terpene hydrocarbons

and terpene alcohols.

(v) Drain the PODF from the surfaces.

(vi) Dispose of the drained PODF in

accordance with paragraph (g) of this

section.

(4) Any person decontaminating a

non-porous surface in contact with freeflowing MODEF containing >10,000

ppm PCB in MODEF or askarel PCB (up

to 70 percent PCB in a mixture of

trichlorobenzenes and

tetrachlorobenzenes) must do so as

follows:

(i) Drain the free-flowing MODEF or

askarel and allow the residual surfaces

to drain for an additional 15 hours.

(ii) Dispose of drained MODEF or

askarel according to paragraph (g) of this

section.

(iii) Soak the surfaces to be

decontaminated in a sufficient amount

of clean PODF (containing <2 ppm

PCBs) such that there is a minimum of

800 ml of PODF for each 100 cm2 of

contaminated or potentially

contaminated surface for at least 15

hours at ≥20 °C.

(iv) Approved PODFs include:

(A) Kerosene.

(B) Diesel fuel.

(C) Terpene hydrocarbons.

(D) Mixtures of terpene hydrocarbons

and terpene alcohols.

(v) Drain the PODF from the surfaces.

(vi) Dispose of the drained PODF in

accordance with paragraph (g) of this

section.

(vii) Resoak the surfaces to be

decontaminated, pursuant to paragraph

(c)(3)(iii) of this section, in a sufficient

amount of clean PODF (containing <2

ppm PCBs) such that there is a

minimum of 800 ml of PODF for each

100 cm2 of surface for at least 15 hours

at ≥20 °C.

(viii) Drain the PODF from the

surfaces.

(ix) Dispose of the drained PODF in

accordance with paragraph (g) of this

section.

(5) Any person decontaminating

piping and air lines in an air compressor

system must do so as follows:
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35459

(i) Before decontamination proceeds,

disconnect or bypass the air

compressors and air dryers from the

piping and air lines and decontaminate

the air compressors and air dryers

separately in accordance with

paragraphs (b), (c)(1) through (c)(6), or

(c)(8) of this section. Dispose of filter

media and desiccant in the air dyers

based on their existing PCB

concentration.

(ii) Test the connecting line and

appurtenances of the system to assure

that there is no leakage. Test by

introducing air into the closed system at

from 90 to 100 pounds per square inch

(psi). Only if there is a pressure drop of

<5 psi in 30 minutes may

decontamination take place.

(iii) When there is no leakage, fill the

piping and air lines with clean

(containing <2 ppm PCBs) solvent.

Solvents include PODF, aqueous

potassium hydroxide at a pH between 9

and 12, or water containing 5 percent

sodium hydroxide by weight.

(iv) Circulate the solvent to achieve

turbulent flow through the piping and

air lines in the air compressor system

until the total volume of solvent

circulated equals 10 times the total

volume of the particular article being

decontaminated, then drain the solvent.

Calculate the total volume of solvent

circulated by multiplying the pump rate

by the time of pumping. Turbulent flow

means a Reynolds number range from

20,000 to 43,000. Refill the system with

clean PODF and repeat the circulation

and drain process.

(6) Any person using thermal

processes to decontaminate metal

surfaces in contact with PCBs, as

required by § 761.62(a)(6), must use one

of the following options:

(i) Surfaces in contact with liquid and

non-liquid PCBs at concentrations <500

ppm may be decontaminated in an

industrial furnace for purposes of

disposal in accordance with § 761.72.

(ii) Surfaces in contact with liquid or

non-liquid PCBs at concentrations ≥500

ppm may be smelted in an industrial

furnace operating in accordance with

§ 761.72(b), but must first be

decontaminated in accordance with

§ 761.72(a) or to a surface concentration

of <100 μg/100 cm2.

(d) Decontamination solvents. (1)

Unless otherwise provided in

paragraphs (c)(3) through (c)(5) of this

section, the solubility of PCBs in any

solvent used for purposes of

decontamination under this section

must be 5 percent or more by weight.

(2) The solvent may be reused for

decontamination so long as its PCB

concentration is <50 ppm.

(3) Solvent shall be disposed of under

paragraph (g) of this section.

(4) Other than as allowed in

paragraphs (c)(3) and (c)(4) of this

section, solvents may be tested and

validated for performance-based

decontamination of non-porous surfaces

contaminated with MODEF or other

PCB liquids, in accordance with the

self-implementing procedures found in

subpart T of this part. Specific

conditions for the performance-based

testing from this validation are

determined in the validation study.

(e) Limitation of exposure and control

of releases. (1) Any person conducting

decontamination activities under this

section shall take necessary measures to

protect against direct release of PCBs to

the environment from the

decontamination area.

(2) Persons participating in

decontamination activities shall wear or

use protective clothing or equipment to

protect against dermal contact or

inhalation of PCBs or materials

containing PCBs.

(f) Sampling and recordkeeping. (1)

Confirmatory sampling is required

under paragraph (b) of this section. For

liquids described in paragraphs (b)(1)

and (b)(2) of this section, sample in

accordance with §§ 761.269 and

761.272. For non-porous surfaces and

concrete described in paragraphs (b)(3)

and (b)(4) of this section, sample in

accordance with subpart P of this part.

A written record of such sampling must

be established and maintained for 3

years from the date of any

decontamination under this section. The

record must show sampling locations

and analytical results and must be

retained at the site of the

decontamination or a copy of the record

must be made available to EPA in a

timely manner, if requested. In addition,

recordkeeping is required in accordance

with § 761.180(a) for all wastes

generated by a decontamination process

and regulated for disposal under this

subpart.

(2) Confirmatory sampling is not

required for self-implementing

decontamination procedures under

paragraph (c) of this section. Any person

using these procedures must retain a

written record documenting compliance

with the procedures for 3 years after

completion of the decontamination

procedures (e.g., video recordings,

photographs).

(g) Decontamination waste and

residues. Decontamination waste and

residues shall be disposed of at their

existing PCB concentration unless

otherwise specified.

(1) Distillation bottoms or residues

and filter media are regulated for

disposal as PCB remediation waste.

(2) PCBs physically separated from

regulated waste during decontamination

(such as by chopping, shredding,

scraping, abrading or oil/water

separation, as opposed to solvent

rinsing and soaking), other than wastes

described in paragraph (g)(1) of this

section, are regulated for disposal at

their original concentration.

(3) Hydrocarbon solvent used or

reused for decontamination under this

section that contains <50 ppm PCB must

be burned and marketed in accordance

with the requirements for used oil in

§ 761.20(e), disposed of in accordance

with § 761.60(a) or (e), or

decontaminated pursuant to this

section.

(4) Chlorinated solvent at any PCB

concentration used for decontamination

under this section shall be disposed of

in an incinerator operating in

compliance with § 761.70, or

decontaminated pursuant to this

section.

(5) Solvents ≥50 ppm other than those

described in paragraphs (g)(3) and (g)(4)

of this section shall be disposed of in

accordance with § 761.60(a) or

decontaminated pursuant to this

section.

(6) Non-liquid cleaning materials and

personal protective equipment waste at

any concentration, including nonporous surfaces and other non-liquid

materials such as rags, gloves, booties,

other disposable personal protective

equipment, and similar materials

resulting from decontamination shall be

disposed of in accordance with

§ 761.61(a)(5)(v).

(h) Alternative decontamination or

sampling approval. (1) Any person

wishing to decontaminate material

described in paragraph (a) of this

section in a manner other than

prescribed in paragraph (b) of this

section must apply in writing to the

EPA Regional Administrator in the

Region where the activity would take

place. Each application must describe

the material to be decontaminated and

the proposed decontamination method,

and must demonstrate that the proposed

method is capable of decontaminating

the material to the applicable level set

out in paragraphs (b)(1) through (b)(4) of

this section.

(2) Any person wishing to

decontaminate material described in

paragraph (a) of this section using a selfimplementing procedure other than

prescribed in paragraph (c) of this

section must apply in writing to the

EPA Regional Administrator in the

Region where the activity would take
35460 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

place. Each application must describe

the material to be decontaminated and

the proposed self-implementing

decontamination method and must

include a proposed validation study to

confirm performance of the method.

(3) Any person wishing to sample

decontaminated material in a manner

other than prescribed in paragraph (f) of

this section, must apply in writing to

the EPA Regional Administrator in the

Region where the activity would take

place. Each application must contain a

description of the material to be

decontaminated, the nature and PCB

concentration of the contaminating

material (if known), the

decontamination method, the proposed

sampling procedure, and a justification

for how the proposed sampling is

equivalent to or more comprehensive

than the sampling procedure required

under paragraph (f) of this section.

(4) EPA may request additional

information that it believes necessary to

evaluate the application.

(5) EPA will issue a written decision

on each application for risk-based

decontamination or sampling. No

person may conduct decontamination or

sampling under this paragraph prior to

obtaining written approval from EPA.

EPA will approve an application if it

finds that the proposed

decontamination or sampling method

will not pose an unreasonable risk of

injury to health or the environment.

s. In § 761.80, by adding paragraphs

(e) and (i) to read as follows:

§ 761.80 Manufacturing, processing, and

distribution in commerce exemptions.

* * * * *

(e) The Administrator grants a class

exemption to all research and

development (R&D) facilities for a

period of 1 year to manufacture or

import PCBs for use solely in the

manufacturer or importer’s own

research for the development of PCB

disposal technologies. Each person that

wishes to be part of the exemption must

meet the following conditions:

(1) A petition for an exemption from

the PCB prohibition on manufacturing

PCBs must be received by EPA 60 days

prior to engaging in these activities.

(2) Requests for renewal must be filed

pursuant to § 750.11 of this chapter.

EPA will deem any properly filed

request for the renewal of the exemption

by any member of the class as a renewal

request for the entire class.

(3) The quantity of the PCBs

manufactured annually must not exceed

500 grams by total weight of pure PCBs.

Any person who wishes to manufacture

or import more than 500 grams of PCBs

in 1 year must receive written approval

from the Director, National Program

Chemicals Division to exceed the

limitations established by this

provision. The Director, National

Program Chemicals Division may grant

approval without further rulemaking.

Any increase granted will be in writing

and will extend only for a maximum of

the time remaining in a specific

exemption year.

(4) The owner or operator of the

facility must notify the EPA Regional

Administrator in writing 30 days prior

to the commencement of R&D activities

that include the manufacture or import

of PCBs under the exemption, unless the

facility has obtained a PCB R&D

approval from EPA pursuant to

§ 761.60(e), § 761.60(i)(2), § 761.70(a), or

§ 761.70(b) and the approval contains a

provision allowing the manufacture of

PCBs.

(5) Records are maintained of their

PCB activities for a period of 3 years

after ceasing operations. The records

must include the sources and the annual

amounts of PCBs received if imported

and the type and annual amount of

PCBs that were manufactured.

(6) All PCBs and materials containing

PCBs, regardless of concentration,

remaining from the disposal-related

studies must be disposed of according to

§ 761.60(j)(1)(vi), or decontaminated

pursuant to § 761.79, based on the

original PCB concentration.

* * * * *

(i) The Administrator grants a class

exemption to all persons who

manufacture, import, process, distribute

in commerce, or export PCBs, or

analytical reference samples derived

from PCB waste material, provided the

PCBs are manufactured, imported,

processed, distributed in commerce, or

exported solely for the purpose of R&D

and the following conditions are met:

(1) Notification in the form of a

petition for an exemption from the PCB

prohibitions on manufacture, import,

processing, distribution in commerce, or

export is received by EPA 60 days prior

to engaging in these activities.

(2) Requests for renewal are filed

pursuant to §§ 750.11 and 750.31 of this

chapter. EPA will deem any properly

filed request for the renewal of the

exemption by any member of the class

as a renewal request for the entire class.

(3) The PCBs are packaged in one or

more hermetically sealed containers of a

volume of no more than 5.0 ml each.

Analytical reference samples derived

from PCB waste material may be

packaged in a container larger than 5.0

ml when packaged pursuant to

applicable DOT performance standards.

(4) The quantity of PCBs

manufactured, imported, processed,

distributed in commerce, or exported

annually must not exceed 500 grams by

total weight of pure PCBs. Any person

who expects to manufacture, import,

process, distribute in commerce, or

export more than 500 grams of PCBs in

1 year or to exceed the 5.0 ml packaging

requirement must obtain a written

approval from the Director, National

Program Chemicals Division and must

identify the sites of PCB activities and

the quantity of PCBs to be

manufactured, imported, processed,

distributed in commerce, or exported.

Each request must include a

justification. The Director, National

Program Chemicals Division, may grant

approval without further rulemaking.

Any increase granted will be in writing

and will extend only for a maximum of

the time remaining in a specific

exemption year.

(5) All treated and untreated PCB

regulated material and material coming

into contact with regulated material

must be stored and disposed of

according to subpart D of this part, or

decontaminated pursuant to § 761.79.

(6) All PCB materials must be

distributed in DOT-authorized

packaging.

(7) Records are maintained of their

PCB activities for a period of 3 years

after ceasing operations. The records

must include the sources and the annual

amounts of PCBs received if imported,

the annual amount of PCBs that were

manufactured, the annual amount of

PCBs that were processed and/or

distributed in commerce (to include

export), and the persons to whom the

PCBs were shipped.

* * * * *

t. By revising § 761.93 to read as

follows:

§ 761.93 Import for disposal.

(a) General provisions. No person may

import PCBs or PCB Items for disposal

without an exemption issued under the

authority of TSCA section 6(e)(3).

(b) [Reserved]

u. By revising § 761.97(a)(1) and (a)(2)

to read as follows:

§ 761.97 Export for disposal.

(a) * * *

(1) PCBs and PCB Items at

concentrations <50 ppm (or <10 μg PCB/

100 cm2 if no free-flowing liquids are

present) may be exported for disposal.

(2) For the purposes of this section,

PCBs and PCB Items of unknown

concentrations shall be treated as if they

contain ≥50 ppm.

* * * * *

v. By adding § 761.99 to subpart F to

read as follows:
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35461

§ 761.99 Other transboundary shipments.

For purposes of this subpart, the

following transboundary shipments are

not considered exports or imports:

(a) PCB waste generated in the United

States, transported outside the Customs

Territory of the United States (including

any residuals resulting from cleanup of

spills of such wastes in transit) through

another country or its territorial waters,

or through international waters, and

returned to the United States for

disposal.

(b) PCB waste in transit, including

any residuals resulting from cleanup of

spills during transit, through the United

States (e.g., from Mexico to Canada,

from Canada to Mexico).

w. Section 761.125 is amended by

revising the second sentence of the

introductory text of paragraph (a)(1) and

in paragraphs (a)(2) and (c)(4)(i) by

revising the reference to ‘‘§ 761.60’’ to

read ‘‘subpart D of this part’’, to read as

follows:

§ 761.125 Requirements for PCB spill

cleanup.

(a) * * *

(1) * * * For example, under the

National Contingency Plan all spills

involving 1 pound or more by weight of

PCBs must currently be reported to the

National Response Center (1-800-424-

8802). * * *

* * * * *

§ 761.180 [Amended]

x. In § 761.180:

i. By revising the phrase in paragraph

(e)(1) to ‘‘§ 761.60(a)(2)(iii)(A)(8) and

§ 761.60(a)(3)(iii)(A)(8)’’ to read

‘‘§ 761.71(a)(1)(viii) and

§ 761.71(b)(1)(viii)’’.

ii. By revising the phrase in paragraph

(e)(2) to ‘‘§ 761.60(a)(2)(iii)(A)(7) and

§ 761.60(a)(3)(iii)(A)(7)’’ to read

‘‘§ 761.71(a)(1)(vii) and

§ 761.71(b)(1)(vii)’’.

iii. By revising the reference in

paragraph (e)(3) to

‘‘§ 761.60(a)(3)(iii)(B)(6)’’ to read

‘‘§ 761.71(b)(2)(vi)’’.

iv. By adding paragraphs (a)(1)(iii),

(a)(2)(ix), (a)(3), (a)(4), (b)(1)(iii), and

(b)(5), and by revising the introductory

text of paragraph (b)(3).

The revisions and additions read as

follows:

§ 761.180 Records and monitoring.

* * * * *

(a) * * *

(1) * * *

(iii) Records of inspections and

cleanups performed in accordance with

§ 761.65(c)(5).

(2) * * *

(ix) Whenever a PCB Item, excluding

small capacitors, with a concentration of

≥50 ppm is distributed in commerce for

reuse pursuant to § 761.20(c)(1), the

name, address, and telephone number of

the person to whom the item was

transferred, date of transfer, and the

serial number of the item or the internal

identification number, if a serial number

is not available, must be recorded in the

annual document log. The serial number

or internal identification number shall

be permanently marked on the

equipment.

(3) [Reserved]

(4) For purposes of this paragraph,

PCB Voltage Regulators shall be

recorded as PCB Transformers.

(b) * * *

(1) * * *

(iii) Records of inspections and

cleanups performed in accordance with

§ 761.65(c)(5).

* * * * *

(3) The owner or operator of a PCB

disposal facility (including an owner or

operator who disposes of his/her own

waste and does not receive or generate

manifests) or a commercial storage

facility shall submit an annual report,

which briefly summarizes the records

and annual document log required to be

maintained and prepared under

paragraphs (b)(1) and (b)(2) of this

section to the EPA Regional

Administrator of the Region in which

the facility is located by July 15 of each

year, beginning with July 15, 1991. The

first annual report submitted on July 15,

1991, shall be for the period starting

February 5, 1990, and ending December

31, 1990. The annual report shall

contain no confidential business

information. The annual report shall

consist of the information listed in

paragraphs (b)(3)(i) through (b)(3)(vi) of

this section.

* * * * *

(5) For purposes of this paragraph,

PCB Voltage Regulators shall be

recorded and reported as PCB

Transformers.

* * * * *

y. In § 761.205, by adding paragraph

(f) to read as follows:

§ 761.205 Notification of PCB waste

activity (EPA Form 7710-53).

* * * * *

(f) When a facility has previously

notified EPA of its PCB waste handling

activities using EPA Form 7710-53 and

those activities change, the facility must

resubmit EPA Form 7710-53 to reflect

those changes no later than 30 days

from when a change is made. Examples

of when a PCB waste handler must

renotify the Agency include, but are not

limited to the following: the company

changes location of the facility; or the

company had notified solely as engaging

in a certain type of PCB waste handling

activity and now wishes to engage in

another PCB waste activity (e.g.,

previously only commercially stored

PCB waste and now wishes to transport

PCB waste).

z. In § 761.207, by revising paragraph

(j) to read as follows:

§ 761.207 The manifest—general

requirements.

* * * * *

(j) The requirements of this section

apply only to PCB wastes as defined in

§ 761.3. This includes PCB wastes with

PCB concentrations below 50 ppm

where the PCB concentration below 50

ppm was the result of dilution; these

PCB wastes are required under

§ 761.1(b) to be managed as if they

contained PCB concentrations of 50

ppm and above. An example of such a

PCB waste is spill cleanup material

containing <50 ppm PCBs when the

spill involved material containing PCBs

at a concentration of ≥50 ppm. However,

there is no manifest requirement for

material currently below 50 ppm which

derives from pre-April 18, 1978, spills

of any concentration, pre-July 2, 1979,

spills of < 500 ppm PCBs, or materials

decontaminated in accordance with

§ 761.79.

aa. In § 761.215, by revising the

introductory text of paragraphs (b), (c),

and (d), and adding paragraph (f) to read

as follows:

§ 761.215 Exception reporting.

* * * * *

(b) A generator of PCB waste subject

to the manifesting requirements shall

submit an Exception Report to the EPA

Regional Administrator for the Region

in which the generator is located if the

generator has not received a copy of the

manifest with the hand written

signature of the owner or operator of the

designated facility within 45 days of the

date the waste was accepted by the

initial transporter. The exception report

shall be submitted to EPA no later than

45 days from the date on which the

generator should have received the

manifest. The Exception Report shall

include the following:

* * * * *

(c) A disposer of PCB waste shall

submit a One-year Exception Report to

the EPA Regional Administrator for the

Region in which the disposal facility is

located no later than 45 days from the

end of the 1-year storage for disposal

date when the following occurs:

* * * * *

(d) A generator or commercial storer

of PCB waste who manifests PCBs or

PCB Items to a disposer of PCB waste

shall submit a One-year Exception
35462 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

Report to the EPA Regional

Administrator for the Region in which

the generator or commercial storer is

located no later than 45 days from the

date the following occurs:

* * * * *

(f) PCB/radioactive waste that is

exempt from the 1-year storage for

disposal time limit pursuant to

§ 761.65(a)(1) is also exempt from the

exception reporting requirements of

paragraphs (c), (d), and (e) of this

section.

bb. In § 761.218, by revising

paragraph (b) to read as follows:

§ 761.218 Certificate of disposal.

* * * * *

(b) The owner or operator of the

disposal facility shall send the

Certificate of Disposal to the generator

identified on the manifest which

accompanied the shipment of PCB

waste within 30 days of the date that

disposal of each item of PCB waste

identified on the manifest was

completed unless the generator and the

disposer contractually agree to another

time frame.

* * * * *

cc. By adding subparts L, M, N, O, P,

Q, R, S, and T to read as follows:

Subpart L—[Reserved]

Subpart M—Determining a PCB

Concentration for Purposes of

Abandonment or Disposal of Natural Gas

Pipeline: Selecting Sample Sites, Collecting

Surface Samples, and Analyzing Standard

PCB Wipe Samples

Sec.

761.240 Scope and definitions.

761.243 Standard wipe sample method and

size.

761.247 Sample site selection for pipe

segment removal or pipeline section

abandonment.

761.250 Sample site selection for pipeline

section abandonment.

761.253 Chemical analysis.

761.257 Determining the regulatory status

of sampled pipe.

Subpart N—Cleanup Site Characterization

Sampling for PCB Remediation Waste in

Accordance with § 761.61(a)(2)

Sec.

761.260 Applicability.

761.265 Sampling bulk PCB remediation

waste and porous surfaces.

761.267 Sampling non-porous surfaces.

761.269 Sampling liquid PCB remediation

waste.

761.272 Chemical extraction and analysis of

samples.

761.274 Reporting PCB concentrations in

samples.

Subpart O—Sampling to Verify Completion

of Self-Implementing Cleanup and On-Site

Disposal of Bulk PCB Remediation Waste

and Porous Surfaces in Accordance with

§ 761.61(a)(6)

Sec.

761.280 Application and scope.

761.283 Determination of the number of

samples to collect and sample collection

locations.

761.286 Sample size and procedure for

collecting a sample.

761.289 Compositing samples.

761.292 Chemical extraction and analysis of

individual samples and composite samples.

761.295 Reporting and recordkeeping of the

PCB concentrations in samples.

761.298 Decisions based on PCB

concentration measurements resulting from

sampling.

Subpart P—Sampling Non-Porous Surfaces

for Measurement-Based Use, Reuse, and

On-Site or Off-Site Disposal under

§ 761.61(a)(6) and Determination under

§ 761.79(b)(3)

Sec.

761.300 Applicability.

761.302 Proportion of the total surface area

to sample.

761.304 Determining sample location.

761.306 Sampling 1 meter square surfaces

by random selection of halves.

761.308 Sample selection by random

number generation on any two-dimensional

square grid.

761.310 Collecting the sample.

761.312 Compositing of samples.

761.314 Chemical analysis of standard wipe

test samples.

761.316 Interpreting PCB concentration

measurements resulting from this sampling

scheme.

Subpart Q—Self-Implementing Alternative

Extraction and Chemical Analysis

Procedures for Non-liquid PCB Remediation

Waste Samples

Sec.

761.320 Applicability.

761.323 Sample preparation.

761.326 Conducting the comparison study.

Subpart R—Sampling Non-Liquid, NonMetal PCB Bulk Product Waste for

Purposes of Characterization for PCB

Disposal in Accordance With § 761.62, and

Sampling PCB Remediation Waste Destined

for Off-Site Disposal, in Accordance With

§ 761.61

Sec.

761.340 Applicability.

761.345 Form of the waste to be sampled.

761.346 Three levels of sampling.

761.347 First level sampling—waste from

existing piles.

761.348 Contemporaneous sampling.

761.350 Subsampling from composite

samples.

761.353 Second level of sample selection.

761.355 Third level of sample selection.

761.356 Conducting a leach test.

761.357 Reporting the results of the

procedure used to simulate leachate

generation.

761.358 Determining the PCB concentration

of samples of waste.

761.359 Reporting the PCB concentrations

in samples.

Subpart S—Double Wash/Rinse Method for

Decontaminating Non-Porous Surfaces

Sec.

761.360 Background.

761.363 Applicability.

761.366 Cleanup equipment.

761.369 Pre-cleaning the surface.

761.372 Specific requirements for relatively

clean surfaces.

761.375 Specific requirements for surfaces

coated or covered with dust, dirt, grime,

grease, or another absorbent material.

761.378 Decontamination, reuse, and

disposal of solvents, cleaners, and

equipment.

Subpart T—Comparison Study for

Validating a New Performance-Based

Decontamination Solvent under

§ 761.79(d)(4)

Sec.

761.380 Background.

761.383 Applicability.

761.386 Required experimental conditions

for the validation study and subsequent use

during decontamination.

761.389 Testing parameter requirements.

761.392 Preparing validation study

samples.

761.395 A validation study.

761.398 Reporting and recordkeeping.

Subpart L [Reserved]

Subpart M—Determining a PCB

Concentration for Purposes of

Abandonment or Disposal of Natural

Gas Pipeline: Selecting Sample Sites,

Collecting Surface Samples, and

Analyzing Standard PCB Wipe

Samples

§ 761.240 Scope and definitions.

(a) Use these procedures to select

surface sampling sites for natural gas

pipe to determine its PCB surface

concentration for abandonment-in-place

or removal and disposal off-site in

accordance with § 761.60(b)(5).

(b) ‘‘Pipe segment’’ means a length of

natural gas pipe that has been removed

from the pipeline system to be disposed

of or reused, and that is usually

approximately 12.2 meters (40 feet) or

shorter in length. Pipe segments are

usually linear.

(c) ‘‘Pipeline section’’ means a length

of natural gas pipe that has been cut or

otherwise separated from the active

pipeline, usually for purposes of

abandonment, and that is usually longer

than 12.2 meters in length. Pipeline

sections may be branched.

§ 761.243 Standard wipe sample method

and size.

(a) Collect a surface sample from a

natural gas pipe segment or pipeline
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35463

section using a standard wipe test as

defined in § 761.123. Detailed guidance

for the entire wipe sampling process

appears in the document entitled ‘‘Wipe

Sampling and Double Wash/Rinse

Cleanup as Recommended by the

Environmental Protection Agency PCB

Spill Cleanup Policy,’’ dated June 23,

1987 and revised on April 18, 1991.

This document is available from the

TSCA Assistance Information Service,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

(b) Collect a surface sample from a

minimum surface area of 100 cm2 at

each sampling site selected. The EPA

Regional Administrator may approve, in

writing, requests to collect a sample

from smaller surface areas, when <100

cm2 of surface eligible for sampling is

present; e.g., when sampling a small

diameter pipe, a small valve, or a small

regulator. When smaller surfaces are

sampled, convert the measurement to

the equivalent measurement for 100 cm2

for purposes of comparison to standards

based on 100 cm2.

§ 761.247 Sample site selection for pipe

segment removal or pipeline section

abandonment.

(a) General. (1) Select the pipe

segments to be sampled by following the

directions in paragraph (b) of this

section.

(2) Locate the proper position along

the length of the pipe segment that you

have selected for sampling, by following

the directions in paragraph (c) of this

section.

(3) Select the proper sampling

position around the circumference of

the pipe segment or pipeline section

that you have selected for sampling, by

following the directions in paragraph (d)

of this section.

(4) Prior to removing pipe from the

ground or lifting the pipe from its

location during former operations, mark

the top side of the pipe.

(5) Do not sample if there are freeflowing liquids in the pipe segment.

Free-flowing liquids must be removed

prior to sampling.

(b) Selecting pipe segments to sample.

Select the pipe segment(s) that you will

sample from a length of pipe or group

of pipe segments, as follows:

(1) Do not sample a pipe segment that

is longer than 12.2 meters (40 feet). If a

segment is longer than 12.2 meters in

length, cut the segment so that all

resulting segments are 12.2 meters or

less in length.

(2) Determine which pipe segments to

sample as follows:

(i) When a length of pipe having

seven or fewer segments is removed for

purposes of disposal, sample each pipe

segment.

(ii) When removing a length of pipe

having multiple contiguous segments

less than 3 miles in total length, take

samples from a total of seven segments.

(A) Sample the first and last segments

removed.

(B) Select the five additional segments

according to one of the two following

procedures:

(1) Assign all segments a unique

sequential number. Then select five

numbers using a random number table

or random number generator. If the

random number generator or random

number table produces either the first

pipe segment, the last pipe segment, or

any previously selected segment, select

another random number until there are

seven different numbers, each

corresponding to a different pipe

segment.

(2) Divide the total number of

segments by six. Round the resulting

quotient off to the nearest whole

number. The resulting number is the

interval between the segments you will

sample. For example, cut a 2.9 mile

section of pipeline into 383 segments of

approximately 40 feet each. Sample the

first (number 1) and last (number 383)

segments. To determine which

additional five segments to sample,

divide the total number of segments,

383, by 6. Round up the resulting

number in this example, 63.8, to the

next whole number, 64. Add 64 to the

number of each preceding pipe segment

five separate times to select five

additional pipe segments for sampling.

In this example, the first pipe segment

has the number 1, add 64 to 1 to select

segment 65. Next, add 64 to 65 to select

segment 129. Continue in this fashion to

select all seven segments: 1, 65, 129,

193, 257, 321, and 383.

(iii) When removing a length of pipe

having multiple contiguous segments

more than 3 miles in total length for

purposes of disposal, take samples of

each segment that is 1⁄2 mile distant

from the segment previously sampled.

Sample a minimum of seven segments.

(c) Selecting the sampling position—

length. Select the sampling position

along the length of the pipeline section

or pipe segment, as follows:

(1) Take samples at the end upstream

of the former gas flow of each segment

removed.

(2) If the pipe segment is cut with a

torch or other high temperature heat

source, take the sample at least 15 cm

(6 inches) inside the cut end of the pipe

segment.

(3) If the pipe segment is cut with a

saw or other mechanical device, take the

sample at least 2 cm (1 inch) inside the

end of the pipe segment.

(4) If the sample site location selected

in the procedure at paragraph (c)(2) or

(c)(3) of this section is a porous surface

(for example, there is significant

corrosion so that the wipe material will

be shredded), then move the sample site

further inside the pipe segment (away

from the end of the pipe or pipe

segment) until there is no such porous

surface. For purposes of this subpart,

natural gas pipe with a thin porous

corrosion preventive coating is a nonporous surface.

(5) If there is not a non-porous surface

accessible by paragraphs (c)(2) and (c)(3)

of this section, use one of the following

three options:

(i) Sample the downstream end of the

pipe segment using the same sample site

location procedure as for the upstream

end.

(ii) Select another pipe segment using

the random selection procedure

described in paragraph (b) of this

section.

(iii) If there is no other pipeline

section or pipe segment in the

population to be sampled and both ends

of a pipe segment have porous surfaces

at all possible sample collection sites,

then assume that the pipe segment

contains ≥50 ppm PCB but <500 ppm

PCB.

(d) Selecting the sample position—

circumference. Based on the mark on

the top of the pipe segment made prior

to removing pipe from the ground or

lifting the pipe from its location during

former operations, sample the inside

center of the bottom of the pipe being

sampled. Make sure the sample is

centered on the bottom of the pipeline

section or pipe segment; that is, sample

an equal area on both sides of the

middle of the bottom of the pipeline

section or pipe segment for the entire

length of the sample.

§ 761.250 Sample site selection for

pipeline section abandonment.

This procedure is for the sample site

selection for a pipeline section to be

abandoned, in accordance with

§ 761.60(b)(5)(i)(B).

(a) General. (1) Select sample

collection sites in the pipeline section(s)

by following the directions in paragraph

(b) of this section.

(2) Select the proper sampling

position along the pipe by following the

directions in § 761.247(d).

(3) Assure, by visual inspection, the

absence of free-flowing liquids in the

pipe by affirming no liquids at all liquid

collection points and all ends of the

pipeline section to be abandoned.
35464 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

(b) Selection sample collection sites.

At a minimum, sample all ends of all

pipeline sections to be abandoned in

place.

(1) If the pipeline section to be

abandoned is between the pressure side

of one compressor station and the

suction side of the next compressor

station downstream of the former gas

flow, at a minimum, sample all ends of

the abandoned pipe.

(2) If the pipeline section to be

abandoned is longer than the distance

between the pressure side of one

compressor station and the suction side

of the next compressor station

downstream of the former gas flow,

divide the pipeline section, for purposes

of sampling, into smaller pipeline

sections no longer than the distance

from the pressure side of one

compressor station to the suction side of

the next compressor station downstream

of the former gas flow. Consider each of

the smaller sections to be a separate

abandonment and sample each one, at a

minimum, at all ends.

(3) Use the following procedure to

locate representative sample collection

sites in pipeline sections at points other

than the suction and pressure side of

compressor stations, or the ends of the

pipeline section to be abandoned.

(i) First, assign a unique identifying

sequential number to each kilometer or

fraction of a kilometer length of pipe

within the entire pipeline section.

(ii) Use a random number table or a

random number generator to select each

representative sample collection site

from a complete list of the sequential

identification numbers.

(iii) Samples may be collected by

removing any covering soil, cutting the

pipe to gain access to the sampling

location, and collecting the surface

sample with the pipe in place, rather

than completely removing the pipeline

sections to collect the surface sample.

§ 761.253 Chemical analysis.

(a) Extract PCBs from the standard

wipe sample collection medium and

clean-up the extracted PCBs in

accordance with either Method 3500B/

3540C or Method 3500B/3550B from

EPA’s SW-846, Test Methods for

Evaluating Solid Waste, or a method

validated under subpart Q of this part.

Use Method 8082 from SW-846, or a

method validated under subpart Q of

this part, to analyze these extracts for

PCBs.

(b) Report all PCB sample

concentrations in μg/100 cm2 (16 square

inches) of surface sampled. If sampling

an area smaller than 100 cm2, report

converted sample concentrations in

accordance with § 761.243(b).

§ 761.257 Determining the regulatory

status of sampled pipe.

(a) For purposes of removal for

disposal of a pipe segment that has been

sampled, the sample results for that

segment determines its PCB surface

concentration. Determine the PCB

surface concentration of a segment

which was not sampled as follows:

(1) If the unsampled pipe segment is

between two pipe segments which have

been sampled, assume that the

unsampled segment has the same PCB

surface concentration as the nearest

sampled pipe segment.

(2) If an unsampled pipe segment is

equidistant between two pipe segments

which have been sampled, assume the

PCB surface concentration of the

unsampled segment to be the arithmetic

mean of the PCB surface concentrations

measured in the two equidistant,

sampled, pipe segments.

(b) For purposes of abandonment of a

pipeline section, assume that the PCB

surface concentration for an entire

pipeline section is the arithmetic mean

of the PCB surface concentrations

measured at the ends of the pipeline

section. If additional representative

samples were taken in a pipeline

section, assume that the PCB surface

concentration for the entire pipeline

section is the arithmetic mean of the

concentrations measured in all

representative samples taken.

(c) For purposes of removal for

disposal under § 761.60(b)(5)(ii)(A)(1) or

abandonment under § 761.60(b)(5)(i)(B),

if the surface PCB concentration of a

pipe segment, determined by direct

measurement or in accordance with

paragraph (a) of this section, or of a

pipeline section as determined in

accordance with paragraph (b) of this

section, is >10 μg/100 cm2, but <100 μg/

100 cm2, then that segment or section is

PCB-Contaminated.

Subpart N—Cleanup Site

Characterization Sampling for PCB

Remediation Waste in Accordance with

§ 761.61(a)(2)

§ 761.260 Applicability.

This subpart provides a method for

collecting new data for characterizing a

PCB remediation waste cleanup site or

for assessing the sufficiency of existing

site characterization data, as required by

§ 761.61(a)(2).

§ 761.265 Sampling bulk PCB remediation

waste and porous surfaces.

(a) Use a grid interval of 3 meters and

the procedures in §§ 761.283 and

761.286 to sample bulk PCB

remediation waste that is not in a

container and porous surfaces.

(b) Use the following procedures to

sample bulk PCB remediation waste that

is in a single container.

(1) Use a core sampler to collect a

minimum of one core sample for the

entire depth of the waste at the center

of the container. Collect a minimum of

50 cm3 of waste for analysis.

(2) If more than one core sample is

taken, thoroughly mix all samples into

a composite sample. Take a subsample

of a minimum of 50 cm3 from the mixed

composite for analysis.

(c) Use the following procedures to

sample bulk PCB remediation waste that

is in more than one container.

(1) Segregate the containers by type

(for example, a 55-gallon drum and a

roll-off container are types of

containers).

(2) For fewer than three containers of

the same type, sample all containers.

(3) For more than three containers of

the same type, list the containers and

assign each container an unique

sequential number. Use a random

number generator or table to select a

minimum of 10 percent of the

containers from the list, or select three

containers, whichever is the larger.

(4) Sample the selected container(s)

according to paragraph (b) of this

section.

§ 761.267 Sampling non-porous surfaces.

(a) Sample large, nearly flat, nonporous surfaces by dividing the surface

into roughly square portions

approximately 2 meters on each side.

Follow the procedures in § 761.302(a).

(b) It is not necessary to sample small

or irregularly shaped surfaces.

§ 761.269 Sampling liquid PCB

remediation waste.

(a) If the liquid is single phase, collect

and analyze one sample. There are no

required procedures for collecting a

sample.

(b) If the liquid is multi-phasic,

separate the phases, and collect and

analyze a sample from each liquid

phase. There are no required procedures

for collecting a sample from each single

phase liquid.

(c) If the liquid has a non-liquid phase

which is >0.5 percent by total weight of

the waste, separate the non-liquid phase

from the liquid phase and sample it

separately as a non-liquid in accordance

with § 761.265.

§ 761.272 Chemical extraction and

analysis of samples.

Use either Method 3500B/3540C or

Method 3500B/3550B from EPA’s SW846, Test Methods for Evaluating Solid

Waste, or a method validated under

subpart Q of this part, for chemical
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35465

extraction of PCBs from individual and

composite samples of PCB remediation

waste. Use Method 8082 from SW-846,

or a method validated under subpart Q

of this part, to analyze these extracts for

PCBs.

§ 761.274 Reporting PCB concentrations

in samples.

(a) Report all sample concentrations

for non-liquid PCBs on a dry weight

basis as micrograms of PCBs per gram of

sample (ppm by weight). Report surface

sampling results as μg/100 cm2. Divide

100 cm2 by the surface area and

multiply this quotient by the total

number of micrograms of PCBs on the

surface to obtain the equivalent

measurement of micrograms per 100

cm2.

(b) Report all sample concentrations

for liquid PCBs on a wet weight basis as

micrograms of PCBs per gram of sample

(ppm by weight).

Subpart O—Sampling to Verify

Completion of Self-Implementing

Cleanup and On-Site Disposal of Bulk

PCB Remediation Waste and Porous

Surfaces in Accordance with

§ 761.61(a)(6)

§ 761.280 Application and scope.

Follow the procedures in this subpart

when sampling to verify completion of

the cleanup for self-implementing, onsite disposal of bulk PCB remediation

waste and porous surfaces consistent

with the levels of § 761.61(a)(4)(i) and

(iii). The objective of this subpart is not

to search for new contamination.

Confirmation of compliance with the

cleanup levels in § 761.61(a)(4) is only

verifiable for the area sampled in

accordance with this subpart. Do not

make conclusions or extrapolations

about PCB concentrations outside of the

area which has been cleaned up and

verified based on the results of this

verification sampling.

§ 761.283 Determination of the number of

samples to collect and sample collection

locations.

This section addresses how to

determine the number of samples to

collect and sample collection locations

for bulk PCB remediation waste and

porous surfaces destined to remain at a

cleanup site after cleanup.

(a) Minimum number of samples. (1)

At each separate cleanup site at a PCB

remediation waste location, take a

minimum of three samples for each type

of bulk PCB remediation waste or

porous surface at the cleanup site,

regardless of the amount of each type of

waste that is present. There is no upper

limit to the number of samples required

or allowed.

(2) This is an example of how to

calculate the minimum number of

required samples at a PCB remediation

waste location. There are three distinct

cleanup sites at this example location: a

loading dock, a transformer storage lot,

and a disposal pit. The minimum

number of samples to take appears in

parentheses after each type of waste for

each cleanup site. The PCB remediation

wastes present at the loading dock are

concrete (three samples) and clay soil

(three samples). The non-liquid PCB

remediation wastes present at the

transformer storage lot are oily soil

(three samples), clay soil (three samples)

and gravel (three samples). The PCB

remediation wastes present at the

disposal pit are sandy soil (three

samples), clay soil (three samples), oily

soil (three samples), industrial sludge

(three samples), and gravel (three

samples).

(b) Selection of sample locations--

general. (1)(i) Use a square-based grid

system to overlay the entire area to be

sampled. Orient the grid axes on a

magnetic north-south line centered in

the area and an east-west axis

perpendicular to the magnetic northsouth axis also centered in the area.

(ii) If the site is recleaned based on

the results of cleanup verification

conducted in accordance with

§ 761.61(a)(6), follow the procedures in

paragraph (b) of this section for locating

sampling points after the recleaning, but

reorient the grid axes established in

paragraph (b)(1)(i) of this section by

moving the origin one meter in the

direction of magnetic north and one

meter in the direction east of magnetic

north.

(2) Mark out a series of sampling

points 1.5 meters apart oriented to the

grid axes. The sampling points shall

proceed in every direction to the extent

sufficient to result in a two-dimensional

grid completely overlaying the sampling

area.

(3) Collect a sample at each point if

the grid falls in the cleanup area.

Analyze all samples either individually

or according to the compositing

schemes provided in the procedures at

§ 761.289. So long as every sample

collected at a grid point is analyzed as

either an individual sample or as part of

a composite sample, there are no other

restrictions on how many samples are

analyzed.

(c) Selection of sample locations--

small cleanup sites. When a cleanup site

is sufficiently small or irregularly

shaped that a square grid with a grid

interval of 1.5 meters will not result in

a minimum of three sampling points for

each type of bulk PCB remediation

waste or porous surface at the cleanup

site, there are two options.

(1) Use a smaller square grid interval

and the procedures in paragraph (b) of

this section.

(2) Use the following coordinatebased random sampling scheme. If the

site is recleaned based on the results of

cleanup verification conducted in

accordance with § 761.61(a)(6), follow

the procedures in this section for

locating sampling points after the

recleaning, but select three new pairs of

sampling coordinates.

(i) Beginning in the southwest corner

(lower left when facing magnetic north)

of the area to be sampled, measure in

centimeters (or inches) the maximum

magnetic north-south dimension of the

area to be sampled. Next, beginning in

the southwest corner, measure in

centimeters (or inches) the maximum

magnetic east-west dimension of the

area to be sampled. Designate the northsouth and east-west dimensions

(describing the west and south

boundaries, respectively, of the area to

be sampled), as the reference axes of a

square-based grid system.

(ii) Use a random number table or

random number generator to select a

pair of coordinates that will locate the

sample within the area to be sampled.

The first coordinate in the pair is the

measurement on the north-south axis.

The second coordinate in the pair is the

measurement on the east-west axis.

Collect the sample at the intersection of

an east-west line drawn through the

measured spot on the north-south axis,

and a north-south line drawn through

the measured spot on the east-west axis.

If the cleanup site is irregularly shaped

and this intersection falls outside the

cleanup site, select a new pair of

sampling coordinates. Continue to select

pairs of sampling coordinates until three

are selected for each type of bulk PCB

remediation waste or porous surface at

the cleanup site.

(d) Area of inference. Analytical

results for an individual sample point

apply to the sample point and to an area

of inference extending to four imaginary

lines parallel to the grid axes and one

half grid interval distant from the

sample point in four different

directions. The area of inference forms

a square around the sample point. The

sides of the square are parallel to the

grid axes and one grid interval in length.

The sample point is in the center of the

square area of inference. The area of

inference from a composite sample is

the total of the areas of the individual

samples included in the composite.
35466 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

§ 761.286 Sample size and procedure for

collecting a sample.

At each selected sampling location for

bulk PCB remediation waste or porous

surfaces, collect at least 20 milliliters of

waste, or a portion of sufficient weight

for the chemical analyst to measure the

concentration of PCBs and still have

sufficient analytical detection

sensitivity to reproducibly measure

PCBs at the levels designated in

§ 761.61(a)(4). Use a core sampler

having a diameter ≥2 cm and ≤3 cm.

Collect waste to a maximum depth of

7.5 cms.

§ 761.289 Compositing samples.

Compositing is a method of

combining several samples of a specific

type of bulk PCB remediation waste or

porous surface from nearby locations for

a single chemical analysis. There are

two procedures for compositing bulk

PCB remediation waste samples. These

procedures are based on the method for

selecting sampling site locations in

§ 761.283(b) and (c). The single

chemical analysis of a composite sample

results in an averaging of the

concentrations of its component

samples. The area of inference of a

composite is determined by the area of

inference of each of its component

samples as described in § 761.283(d).

Compositing is not mandatory.

However, if compositing is used, it must

be performed in accordance with the

following procedures.

(a) Compositing in the field or in a

laboratory. Compositing may occur

either in the field or in a laboratory.

Prepare composite samples using equal

volumes of each constituent or

component sample. Composited

samples must be from the same type of

bulk PCB remediation waste or porous

surface (see the example at

§ 761.283(a)(2)). Mix composite samples

thoroughly. From each well-mixed

composite sample, take a portion of

sufficient weight for the chemical

analyst to measure the concentration of

PCBs and still have sufficient analytical

detection sensitivity to reproducibly

measure PCBs at the levels designated

in § 761.61(a)(4).

(b)(1) Compositing from samples

collected at grid points in accordance

with § 761.283(b). There are two kinds

of composite sampling procedures

depending on the original source of

contamination of the site.

(i) The first procedure is for sites with

multiple point sources of contamination

(such as an old electrical equipment

storage area, a scrap yard, or repair

shop) or for unknown sources of

contamination. Under this compositing

scheme, composite a maximum of nine

samples for each type of bulk PCB

remediation waste or porous surface at

the cleanup site. The maximum

dimensions of the area enclosing a nine

grid point composite is two grid

intervals bounded by three collinear

grid points (3.0 meters or approximately

10 feet long). Take all samples in the

composite at the same depth. Assure

that composite sample areas and

individually analyzed samples

completely overlay the cleanup site.

(ii) The second procedure is for a

single point source of contamination,

such as discharge into a large

containment area (e.g., pit, waste

lagoon, or evaporation pond), or a leak

onto soil from a single drum or tank.

Single point source contamination may

be from a one-time or continuous

contamination. Composites come from

two stages: an initial compositing area

centered in the area to be sampled, and

subsequent compositing areas forming

concentric square zones around the

initial compositing area. The center of

the initial compositing area and each of

the subsequent compositing areas is the

origin of the grid axes.

(A) Definition of the initial

compositing area. The initial

compositing area is based on a square

that contains nine grid points, is

centered on the grid origin, and has

sides two grid intervals long. The initial

compositing area has the same center as

this square and sides one half a grid

interval more distant from the center

than the square. The initial compositing

area has sides three grid intervals long.

(B) Definition of subsequent

compositing areas. Subsequent

composite sampling areas are in

concentric square zones one grid

interval wide around the initial

compositing area and around each

successive subsequent compositing area.

The inner boundary of the first

subsequent compositing area is the

outer boundary of the initial

compositing area. The outer boundary of

the first subsequent compositing area is

centered on the grid origin, has sides

one grid interval more distant from the

grid origin than the inner boundary, and

is two grid intervals longer on a side

than the inner boundary. The inner

boundary of each further subsequent

compositing area is the outer boundary

of the previous subsequent compositing

area. The outer boundary of each further

subsequent compositing area is centered

on the grid origin, has sides one grid

interval more distant from the grid

origin than the inner boundary, and is

two grid intervals longer on a side than

the inner boundary.

(C) Taking composite samples from

the initial and subsequent compositing

areas. (1) Select composite sampling

areas from the initial compositing area

and subsequent compositing areas such

that all grid points in the initial

compositing area and subsequent

compositing areas are part of a

composite or individual sample.

(2) A person may include in a single

composite sample a maximum of all

nine grid points in the initial

compositing area. The maximum

number of grid points in a composite

sample taken from a subsequent

compositing area is eight. These eight

grid points must be adjacent to one

another in the subsequent compositing

area, but need not be collinear.

(2) Compositing from samples taken

at grid points or pairs of coordinates in

accordance with § 761.283(c). Samples

collected at small sites are based on

selecting pairs of coordinates or using

the sample site selection procedure for

grid sampling with a smaller grid

interval.

(i) Samples collected from a grid

having a smaller grid interval. Use the

procedure in paragraph (b)(1)(i) of this

section to composite samples and

determine the area of inference for

composite samples.

(ii) Samples collected from pairs of

coordinates. All three samples must be

composited. The area of inference for

the composite is the entire area

sampled.

§ 761.292 Chemical extraction and

analysis of individual samples and

composite samples.

Use either Method 3500B/3540C or

Method 3500B/3550B from EPA’s SW846, Test Methods for Evaluating Solid

Waste, or a method validated under

subpart Q of this part, for chemical

extraction of PCBs from individual and

composite samples of PCB remediation

waste. Use Method 8082 from SW-846,

or a method validated under subpart Q

of this part, to analyze these extracts for

PCBs.

§ 761.295 Reporting and recordkeeping of

the PCB concentrations in samples.

(a) Report all sample concentrations

for bulk PCB remediation waste and

porous surfaces on a dry weight basis

and as micrograms of PCBs per gram of

sample (ppm by weight).

(b) Record and keep on file for 3 years

the PCB concentration for each sample

or composite sample.

§ 761.298 Decisions based on PCB

concentration measurements resulting from

sampling.

(a) For grid samples which are

chemically analyzed individually, the

PCB concentration applies to the area of

inference as described in § 761.283(d).
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35467

(b) For grid samples analyzed as part

of a composite sample, the PCB

concentration applies to the area of

inference of the composite sample as

described in § 761.283(d) (i.e., the area

of inference is the total of the areas of

the individual samples included in the

composite).

(c) For coordinate pair samples

analyzed as part of a composite sample,

in accordance with §§ 761.283(c)(2) and

761.289(b)(2)(ii), the PCB concentration

applies to the entire cleanup site.

Subpart P—Sampling Non-Porous

Surfaces for Measurement-Based Use,

Reuse, and On-Site or Off-Site

Disposal under § 761.61(a)(6) and

Decontamination under § 761.79(b)(3)

§ 761.300 Applicability.

This subpart provides sample site

selection procedures for large, nearly

flat non-porous surfaces, and for small

or irregularly shaped non-porous

surfaces. This subpart also provides

procedures for analyzing the samples

and interpreting the results of the

sampling. Any person verifying

completion of self-implementing

cleanup and on-site disposal of nonporous surfaces under § 761.61(a)(6), or

verifying that decontamination

standards under § 761.79(b)(3) are met,

must use these procedures.

§ 761.302 Proportion of the total surface

area to sample.

(a) Large nearly flat surfaces. Divide

the entire surface into approximately 1

meter square portions and mark the

portions so that they are clearly

identified. Determine the sample

location in each portion as directed in

§ 761.304.

(1) For large nearly flat surfaces

contaminated by a single source of PCBs

with a uniform concentration, assign

each 1 meter square surface a unique

sequential number.

(i) For three or fewer 1 meter square

areas, sample all of the areas.

(ii) For four or more 1 meter square

areas, use a random number generator or

table to select a minimum of 10 percent

of the areas from the list, or to select

three areas, whichever is more.

(2) For other large nearly flat surfaces,

sample all of the one meter square areas.

(b) Small or irregularly shaped

surfaces. For small surfaces having

irregular contours, such as hand tools,

natural gas pipeline valves, and most

exterior surfaces of machine tools,

sample the entire surface. Any person

may select sampling locations for small,

nearly flat surfaces in accordance with

§ 761.308 with the exception that the

maximum area in § 761.308(a) is <1

meter square.

(c) Preparation of surfaces. Drain all

free-flowing liquids from surfaces and

brush off dust or loose grit.

§ 761.304 Determining sample location.

(a) For 1 square meter non-porous

surface areas having the same size and

shape, it is permissible to sample the

same 10 cm by 10 cm location or

position in each identical 1 square

meter area. This location or position is

determined in accordance with

§ 761.306 or § 761.308.

(b) If some 1 square meter surfaces for

a larger non-porous surface area have

different sizes and shapes, separately

select the 10 cm by 10 cm sampling

position for each different 1 square

meter surface in accordance with

§ 761.308.

(c) If non-porous surfaces have been

cleaned and the cleaned surfaces do not

meet the applicable standards or levels,

surfaces may be recleaned and

resampled. When resampling surfaces

previously sampled to verify cleanup

levels, use the sampling procedures in

§§ 761.306 through 761.316 to resample

the surfaces. If any sample site selected

coincides with a previous sampling site,

restart the sample selection process

until all resampling sites are different

from any previous sampling sites.

§ 761.306 Sampling 1 meter square

surfaces by random selection of halves.

(a) Divide each 1 meter square portion

where it is necessary to collect a surface

wipe test sample into two equal (or as

nearly equal as possible) halves. For

example, divide the area into top and

bottom halves or left and right halves.

Choose the top/bottom or left/right

division that produces halves having as

close to the shape of a circle as possible.

For example, a square is closer to the

shape of a circle than is a rectangle and

a rectangle having a length to width

ratio of 2:1 is closer to the shape of a

circle than a rectangle having a length

to width ratio of 3:1.

(b) Assign a unique identifier to each

half and then select one of the halves for

further sampling with a random number

generator or other device (i.e., by

flipping a coin).

(c) Continue selecting progressively

smaller halves by dividing the

previously selected half, in accordance

with paragraphs (a) and (b) of this

section, until the final selected half is

larger than or equal to 100 cm2 and

smaller than 200 cm2.

(d) Perform a standard PCB wipe test

on the final selected halves from each 1

meter square portion.

(e) The following is an example of

applying sampling by halves. Assume

that the area to sample is a 1 meter

square surface area (a square that has

sides 1 meter long). Assign each half to

one face of a coin. After flipping the

coin, the half assigned to the face of the

coin that is showing is the half selected.

(1) Selecting the first half:

(i) For a square shape the top/bottom

halves have the same shape as the left/

right halves when compared to a circle,

i.e., regardless of which way the surface

is divided, each half is 1 half meter

wide by 1 meter long. Therefore, divide

the area either top/bottom or left/right.

For selecting the first half, this example

will select from left/right halves.

(ii) A coin flip selects the left half.

The dimensions of this selected surface

area are 1 meter high and 1⁄2 meter wide.

(2) Selecting the second half:

(i) If the next selection of halves was

left/right, the halves would be

rectangles four times as long as they are

wide (1⁄4 meter wide and 1 meter high).

Halves selected from top/bottom would

be square (1⁄2 meter on a side).

Therefore, select the next halves top/

bottom, because the shape of the top/

bottom halves (square) is closer to the

shape of a circle than the shape of the

left/right halves (long narrow

rectangles).

(ii) A coin flip selects the top half.

The dimensions of this selected surface

area are 1⁄2 meter high and 1⁄2 meter

wide.

(3) Selecting the third half:

(i) Just as for the selection of the first

half, which divided the original square

area, both the left/right and the top/

bottom halves have the same shape

when compared to a circle (both are

rectangles having the same dimensions).

Therefore, choose either left/right or

top/bottom halves. This example will

select from left/right halves.

(ii) A coin flip selects the right half.

The dimensions of this selected surface

are 1⁄4 meter by 1⁄2 meter.

(4) Selecting the fourth half:

(i) If the next selection of halves was

left/right, the halves would be

rectangles four times as long as they are

wide (1⁄8 meter wide and 1⁄2 meter high.

Halves selected from top/bottom would

be square (1⁄4 meter on a side).

Therefore, select the next halves top/

bottom, because the shape of the top/

bottom halves (square) are closer to the

shape of a circle than the shape of the

left/right halves (long narrow

rectangles).

(ii) A coin flip selects the bottom half.

The dimensions of this selected surface

area are 1⁄4 meter high and 1⁄4 meter

wide.

(5) Selecting the fifth half:

(i) Just as for the selection of the first

and third halves, both the left/right and

the top/bottom halves have the same
35468 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

shape when compared to a circle (both

are rectangles having the same

dimensions). Therefore, choose either

left/right or top/bottom halves. This

example will select from left/right

halves.

(ii) A coin flip selects the right half.

The dimensions of the selected surface

are 1⁄8 meter by 1⁄4 meter.

(6) Selecting the sixth half:

(i) If the next selection of halves was

left/right, the halves would be

rectangles four times as long as they are

wide (1⁄16 meter wide and 1⁄4 meter high.

Halves selected from top/bottom would

be square (1⁄8 meter on a side).

Therefore, select the next halves top/

bottom, because the shape of the top/

bottom halves (square) are closer to the

shape of a circle than the shape of the

left/right halves (long narrow

rectangles).

(ii) A coin flip selects the top half.

The dimensions of this selected surface

are 1⁄8 meter high and 1⁄8 meter wide or

12.5 cm by 12.5 cm.

(7) Collect a standard wipe test

sample in the sixth half. Since the

dimensions of half of the sixth half

would be 12.5 cm by 6.25 cm, the area

(approximately 78 cm2) would be less

than the required 100 cm2 minimum

area for the standard wipe test.

Therefore, no further sampling by

halves is necessary. Take the standard

wipe test samples of the entire selected

sixth half.

§ 761.308 Sample selection by random

number generation on any two-dimensional

square grid.

(a) Divide the surface area of the nonporous surface into rectangular or

square areas having a maximum area of

1 square meter and a minimum

dimension of 10 centimeters.

(b) Measure the length and width, in

centimeters, of each area created in

paragraph (a) of this section. Round off

the number of centimeters in the length

and the width measurements to the

nearest centimeter.

(c) For each 1 square meter area

created in accordance with paragraph

(a) of this section, select two random

numbers: one each for the length and

width borders measured in paragraph

(b) of this section. An eligible random

number can be from zero up to the total

width, minus 10 centimeters.

(d) Locate the 10 centimeter by 10

centimeter sample.

(1) Orient the 1 square meter surface

area so that, when you are facing the

area, the length is left to right and the

width is top to bottom. The origin, or

reference point for measuring selected

random numbers of centimeters to the

sampling area, is on the lower left

corner when facing the surface.

(2) Mark the random number selected

for the length distance, in centimeters,

from the origin to the right (at the

bottom of the area away from the

origin).

(3) From the marked length distance

on the bottom of the area, move

perpendicularly up from the bottom of

the area into the area for the distance

randomly selected for the width.

(4) Use the point determined in

paragraph (d)(3) of this section as the

lower left corner of the 10 centimeter by

10 centimeter sample.

§ 761.310 Collecting the sample.

Use the standard wipe test as defined

in § 761.123 to sample one 10

centimeter by 10 centimeter square (100

cm2) area to represent surface area PCB

concentrations of each square meter or

fraction of a square meter of a nearly

flat, non-porous surface. For small

surfaces, use the same procedure as for

the standard wipe test, only sample the

entire area, rather than 10 centimeter by

10 centimeter squares.

§ 761.312 Compositing of samples.

For a surface originally contaminated

by a single source of PCBs with a

uniform concentration, it is permissible

to composite surface wipe test samples

and to use the composite measurement

to represent the PCB concentration of

the entire surface. Composite samples

consist of more than one sample gauze

extracted and chemically analyzed

together resulting in a single

measurement. The composite

measurement represents an arithmetic

mean of the composited samples.

(a) Compositing samples from

surfaces to be used or reused. For small

or irregularly shaped surfaces or large

nearly flat surfaces, if the surfaces are

contaminated by a single source of PCBs

with a uniform concentration,

composite a maximum of three adjacent

samples.

(b) Compositing samples from

surfaces to be disposed of off-site or onsite. (1) For small or irregularly shaped

surfaces, composite a maximum of three

adjacent samples.

(2) For large nearly flat surfaces,

composite a maximum of 10 adjacent

samples.

§ 761.314 Chemical analysis of standard

wipe test samples.

Perform the chemical analysis of

standard wipe test samples in

accordance with § 761.272. Report

sample results in micrograms per 100

cm2.

§ 761.316 Interpreting PCB concentration

measurements resulting from this sampling

scheme.

(a) For an individual sample taken

from an approximately 1 meter square

portion of the entire surface area and

not composited with other samples, the

status of the portion is based on the

surface concentration measured in that

sample. If the sample surface

concentration is not equal to or lower

than the cleanup level, by inference the

entire 1 meter area, and not just the

immediate area where the sample was

taken, is not equal to or lower than the

cleanup level.

(b) For areas represented by the

measurement results from compositing

more than one 10 centimeter by 10

centimeter sample, the measurement for

the composite is the measurement for

the entire area. For example, when there

is a composite of 10 standard wipe test

samples representing 9.5 square meters

of surface area and the result of the

analysis of the composite is 20 μg/100

cm2, then the entire 9.5 square meters

has a PCB surface concentration of 20

μg/100 cm2, not just the area in the 10

cm by 10 cm sampled areas.

(c) For small surfaces having irregular

contours, where the entire surface was

sampled, measure the surface area.

Divide 100 cm2 by the surface area and

multiply this quotient by the total

number of micrograms of PCBs on the

surface to obtain the equivalent

measurement of micrograms per 100

cm2.

Subpart Q—Self-Implementing

Alternative Extraction and Chemical

Analysis Procedures for Non-liquid

PCB Remediation Waste Samples

§ 761.320 Applicability.

This subpart describes selfimplementing comparison testing

requirements for chemical extraction

and chemical analysis methods used as

an alternative to the methods required

in §§ 761.272 or 761.292. Any person

conducting comparison testing under

this subpart must comply with the

requirements of § 761.80(i), including

notification. Use alternative methods

only after successful completion of

these comparison testing requirements

and after documentation of the results of

the testing.

§ 761.323 Sample preparation.

(a) The comparison study requires

analysis of a minimum of 10 samples

weighing at least 300 grams each.

Samples of PCB remediation waste used

in the comparison study must meet the

following three requirements.

(1) The samples must either be taken

from the PCB remediation waste at the
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35469

cleanup site, or must be the same kind

of material as that waste. For example,

if the waste at the cleanup site is sandy

soil, you must use the same kind of

sandy soil in the comparison study. Do

not use unrelated materials such as clay

soil or dredged sediments in place of

sandy soil.

(2) PCB remediation waste may

contain interferences which confound

or hamper sample extraction and

chemical analysis. These interferences

may be from chemicals or other

attributes preexisting in the waste

material, resulting from the PCB

contamination source, or resulting from

treatment to remove or destroy PCBs.

Comparison study samples must also

contain these interfering materials to

demonstrate successful analysis in their

presence. For example, a PCB

remediation waste may have been codisposed with chlorobenzene solvents

or chlorinated pesticides. These

chlorinated compounds would have to

be present in the comparison study

compounds at the same levels found, or

at the highest levels expected to be

found, in the PCB remediation waste. As

another example, for PCB remediation

waste which had been solvent washed

with liquid amines to remove PCBs,

comparison study samples would have

to contain concentrations of these

amines at the same levels found, or at

the highest levels expected to be found,

in the PCB remediation waste.

(b) Prior to initiating the comparison

study, confirm the following PCB

concentrations in the comparison study

samples using the methods specified in

§ 761.292. All samples of non-liquid

PCB remediation waste must have PCB

concentrations between 0.1 and 150

ppm.

(1) A minimum of three comparison

study samples must have PCB

concentrations above the cleanup level

specified for the site in § 761.61(a)(4)

and a minimum of three comparison

study samples must have PCB

concentrations below the specified

cleanup level.

(2) At least one comparison study

sample must have a PCB concentration

≥90 percent and ≤100 percent of the

cleanup level.

(3) At least one comparison study

sample must have a PCB concentration

≥100 percent and ≤110 percent of the

cleanup level.

(c) If the comparison study samples

do not have the concentrations or

concentration ranges required by

paragraph (b) of this section, for

purposes of use in this chemical

extraction and chemical analysis

comparison study, a person may adjust

PCB concentrations by dilution. Any

excess material resulting from the

preparation of these samples, which is

not used as an analytical sample, is

regulated as the PCB concentration in

the component having the highest PCB

concentration of the component

materials in the sample.

§ 761.326 Conducting the comparison

study.

Extract or analyze the comparison

study samples using the alternative

method. For an alternative extraction

method or alternative analytical method

to be comparable to the methods

required in § 761.292, all of the

following conditions must be met.

(a) All samples having PCB

concentrations greater than or equal to

the level of concern, as measured by the

methods required in § 761.292, are

found to be greater than or equal to the

level of concern as measured by the

alternative method (no false negatives).

(b) Only one sample which contains

PCBs at a level less than the level of

concern, as measured by the methods

required in § 761.292, is found to have

a PCB concentration greater than the

level of concern as measured by the

alternative method (false positive); and

all other samples which contain PCBs at

levels less than the level of concern, as

measured by the methods required in

§ 761.292, are found by the alternative

method to have PCBs less than the level

of concern (there are no additional false

positives).

Subpart R—Sampling Non-Liquid, NonMetal PCB Bulk Product Waste for

Purposes of Characterization for PCB

Disposal in Accordance With § 761.62,

and Sampling PCB Remediation Waste

Destined for Off-Site Disposal, in

Accordance With § 761.61

§ 761.340 Applicability.

Use the procedures specified in this

subpart to sample the following types of

waste when it is necessary to analyze

the waste to determine PCB

concentration or leaching characteristics

for storage or disposal.

(a) Existing accumulations of nonliquid, non-metal PCB bulk product

waste.

(b) Non-liquid, non-metal PCB bulk

product waste from processes that

continuously generate new waste.

(c) Non-liquid PCB remediation waste

from processes that continuously

generate new waste, that will be sent

off-site for disposal.

§ 761.345 Form of the waste to be

sampled.

PCB bulk product waste and PCB

remediation waste destined for off-site

disposal must be in the form of either

flattened or roughly conical piles. This

subpart also contains a procedure for

contemporaneous sampling of waste as

it is being generated.

§ 761.346 Three levels of sampling.

To select a sample of the waste and

prepare it for chemical extraction and

analysis, there are three required levels

of random sampling.

(a) First, select a single 19-liter (5

gallon) portion from a composite

accumulated either contemporaneously

with the generation of the waste or by

sampling an existing pile of waste.

Collection procedures for the first level

of sampling from existing piles of waste

are in § 761.347. Collection procedures

for the first level of sampling from a

contemporaneous generation of waste

are in § 761.348. Compositing

requirements and requirements for the

subsampling of composite samples to

result in a single 19-liter sample are in

§ 761.350. Send the 19-liter sample to

the laboratory for the second and third

levels of sampling, including particle

size reduction for leach testing and

drying as required by § 761.1(b)(4).

(b) Second, at the laboratory, select

one quarter of the 19-liter sample.

Procedures the laboratory must use for

this second level of sample selection

appear in § 761.353.

(c) Third, select a 100 gram subsample

from the second level subsample.

Procedures the laboratory must use for

this third level of sample selection

appear in § 761.355.

§ 761.347 First level sampling—waste from

existing piles.

(a) General. Sample piles that are

either specifically configured for

sampling (see paragraph (b) of this

section) or that are of conical shape (see

paragraph (c) of this section). If

sampling from either of these shapes is

not possible, conduct contemporaneous

sampling, in accordance with the

procedures in § 761.348, or obtain the

approval of the Regional Administrator

for an alternate sampling plan in

accordance with § 761.62(c).

(b) Specifically configured piles. A

specifically configured pile is a single

flattened pile in the shape of a square

or rectangle having no restrictions on

length or width but restricted to 30 cm

(1 foot) in depth. A square shaped pile

facilitates sampling site selection for the

first level sample. Select eight 19-liter

samples from the pile and composite

them into one 19-liter sample as

follows:

(1) Divide the pile into quarters.

(2) Divide each of the quarter sections

into quarters (i.e., into sixteenths of the

original pile).
35470 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

(3) Select two sixteenths from each of

the four quarters, according to one of the

two following options:

(i) Randomly select the two sixteenths

from one quarter and sample the

sixteenths occupying the same positions

in each of the other three quarters.

(ii) Randomly select two sixteenths

from each of the four quarters (i.e.,

perform a random selection four

different times).

(4) At this point the eight selected

sixteenths undergo further division and

sample selection. Divide each of the

eight selected sixteenths into four equal

parts. Using a random number generator

or random number table, select one of

the four equal parts from each of the

eight equal areas. If each of the four

equal parts has a volume >76 liters

when projected downwards 30 cm,

continue to divide each selected area

into four equal parts, and select one of

the parts, until each selected area has a

volume of <76 liters but ≥19 liters.

When projected to a depth of 30 cm, a

square having a 25 cm side or a circle

having a diameter of approximately 28.5

cm equals a volume of approximately 19

liters. The volume of 76 liters is equal

to the volume enclosed by a square

having a side of 50 cm (or other shape

having an area of 250 cm2) projected to

a depth of 30 cm.

(5) Take one sample of approximately

19 unsorted liters of waste from each of

the eight selected areas. Place each

sample into a separate 19-liter

container, allowing only sufficient space

at the top of the container to secure the

lid.

(6) Composite the eight 19-liter

samples in accordance with § 761.350.

(c) Conical-shaped piles. If it is

necessary to sample a pile which is too

large to be spread on the site to a

uniform thickness of 1 foot or 30 cm, or

if there are too many piles to spread out

in the space available, use the following

procedure to sample the piles. This

procedure assumes that the shape of the

piles is analogous to a cone; that is,

having a circular base with PCB bulk

product waste or PCB remediation waste

destined for off-site disposal stacked up

uniformly to a peak that is a point

centered above the center of the circular

base. Collect eight 19-liter samples as

follows:

(1) Collecting samples from more than

one pile. If the PCB bulk product waste

or PCB remediation waste consists of

more than one pile or container, assign

each pile or container an integer number

and then generate seven random integer

numbers to select the piles from which

you will collect samples. It is possible

that this random selection procedure

will result in selecting the same pile

number more than once, even if seven

or more piles are present. If so, sample

the pile once and restart the sampling

collection process to collect additional

samples. Do not collect multiple

samples from the same location in the

pile.

(2) Collecting samples from a single

pile. If only one pile or container is

present, collect all eight samples from

the same pile.

(3) Setting up the sample site

selection system from a pile. Locate a

sample in a pile by the use of three

parameters: a particular radial direction,

‘‘r,’’ from the peak at the center of the

pile to the outer edge at the base of the

pile; a point, ‘‘s,’’ along that radial

direction between the peak of the pile

and the outer edge of the base of the

pile; and a depth, ‘‘t’’, beneath point

‘‘s.’’ The top of the sample material will

be below depth t, at point s, on radius

r. Use a rod, dowel, stake, or broom

handle as a marker. Nail or otherwise

fasten to the top of the marker two

pieces of string or cord of sufficient

length and strength to reach from the

top of the marker at the top of the pile

to the farthest peripheral edge at the

bottom of the pile, when the marker is

positioned at the top or apex of the pile.

Pound or push the marker into the top

center (apex) of the pile, downward

toward the center of the base. Insert the

marker for at least 30 cm or one foot

until the marker is rigidly standing on

its own, even when the cord is pulled

tight to the bottom peripheral edge of

the pile. Ensure that the marker

protrudes from the top of the pile

sufficiently to allow the strings to move

easily around the pile when they are

pulled tight. Select the three parameters

and the sampling location as follows:

(i) Determine the radial component (r)

of the location for each sample.

(A) Tie to a stake or otherwise fasten

one of the strings at ‘‘b,’’ the bottom of

the pile, as a reference point for finding

r.

(B) Measure the circumference ‘‘c,’’

the distance around the bottom of the

pile. Determine r from b in one of two

ways:

(1) Multiply c by a randomly

generated fraction or percentage of one.

(2) Select a random number between

one and the total number of centimeters

in c.

(C) Locate r by starting at b, the place

where the fixed string meets the base of

the pile, and travel clockwise around

the edge of the pile at the base for the

distance you selected in paragraph

(c)(3)(iii) of this section.

(D) Fasten the second string at the

selected distance. The second string

marks the first parameter r.

(ii) Determine the second parameter s

of the location for each sample.

(A) Measure the distance, l, along the

string, positioned in paragraph

(c)(3)(i)(D) of this section, from the top

to the bottom of the pile at the selected

radial distance r. Determine the distance

s from l in one of two ways:

(1) Multiply l by a randomly

generated fraction or percentage of one.

(2) Select a random number between

one and the total number of centimeters

in l.

(B) Mark, for example by placing a

piece of tape on the string positioned

according to paragraph (c)(3)(i)(D) of

this section, the distance s, up from the

bottom of the pile on the string at r.

(iii) Determine the third and final

parameter t of the location for each

sample.

(A) Mark and number 1 cm intervals

from one end of a rigid device, for

example a rod, dowel, stake, or broom

handle, for measuring the distance from

the top of the pile to the bottom at the

point s selected in paragraph (c)(3)(ii)(B)

of this section. The marked and

numbered device shall be of sufficient

strength to be forced down through the

maximum depth of the pile and

sufficient length to measure the depth of

the waste in the pile at any point.

(B) Take the measuring device,

constructed according to paragraph

(c)(3)(iii)(A) of this section, and at

position s, push the end of the device

marked with zero straight down into the

pile until it reaches the bottom of the

pile or ground level. The vertical

distance ‘‘v’’ is the number of

centimeters from the surface of the pile

at point s on the string to the bottom of

the pile or ground level. Read the

distance v on the measuring device at

the surface of the pile. From the

distance v, determine t, in one of two

ways:

(1) Randomly generate a fraction of

one and multiply the fraction times v.

(2) Select a random number between

zero and the total number of centimeters

of the vertical distance v.

(iv) Dig a hole straight down into the

pile for t centimeters (inches) from the

surface of the pile at s.

(v) At depth t, directly under the s

mark on the string, outline the top of the

sample container and collect (shovel) all

waste under the outline in the following

order of preference in paragraphs

(c)(3)(v)(A) through (c)(3)(v)(C) of this

section. It is possible that some of the

eight sampling locations will not

provide 19 liters of sample.

(A) For a depth of 30 cm.

(B) Until the container is full.

(C) Until the ground level is reached.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35471

(d) Compositing the samples.

Composite the eight 19-liter samples

and subsample in accordance with

§ 761.350. Send the subsample to a

laboratory for further sampling as

described in §§ 761.353 and 761.355

and for chemical extraction and

analysis. If there is insufficient sample

for a 19-liter sample from the composite

sample composed of the eight iterations

of sample site selection, according to the

procedures in paragraphs (c)(3)(i)

through (c)(3)(v) of this section, select

additional sample sites, collect

additional samples and composite the

additional waste in the samples until a

minimum of 19 liters is in the

composite.

§ 761.348 Contemporaneous sampling.

Contemporaneous sampling is

possible when there is active generation

of waste and it is possible to sample the

waste stream as it is generated. Collect

eight 19-liter samples as follows.

(a) Collect each sample by filling a 19-

liter (5 gallon) container at a location

where the PCB bulk product waste is

released from the waste generator onto

a pile or into a receptacle container

before the waste reaches the pile or

receptacle container.

(b) Determine a sample collection

start time using a random number

generator or a random number table to

select a number between 1 and 60.

Collect the first sample at the randomly

selected time in minutes after start up

of the waste output, or if the waste is

currently being generated, after the

random time is selected. For example, if

the randomly selected time is 35, begin

collection 35 minutes after the start up

of waste generation. Similarly, if waste

output is ongoing and the random start

determination occurred at 8:35 a.m.,

collect the first sample at 9:10 a.m. (35

minutes after the random start

determination).

(c) Collect seven more samples, one

every 60 minutes after the initial sample

is collected. If the waste output process

stops, stop the 60–minute interval time

clock. When the process restarts, restart

the 60–minute interval time clock and

complete the incomplete 60–minute

interval.

(d) Composite the eight 19-liter

samples and subsample in accordance

with § 761.350.

§ 761.350 Subsampling from composite

samples.

(a) Preparing the composite.

Composite the samples (eight from a

flattened pile; eight or more from a

conical pile; eight from waste that is

continuously generated) and select a 19-

liter subsample for shipment to the

chemical extraction and analysis

laboratory for further subsampling.

There are two options for the

preparation of the composite:

(1) Option one. Place all of the

contents of all 19-liter samples that you

collected into a 209 liter (55 gallon)

drum or similar sized, cylinder-shaped

container. Completely close the

container, and roll it 10 or more

complete revolutions to mix the

contents.

(2) Option two. Add the 19-liter

samples one at a time to a 209 liter (55

gallon) drum. Between the addition of

each 19-liter sample, stir the composite

using a broom handle or similar long,

narrow, sturdy rod that reaches the

bottom of the container. Stir the mixture

for a minimum of 10 complete

revolutions of the stirring instrument

around the container at a distance

approximately half way between the

outside and center of the container.

(b) Selecting a 19-liter subsample

from the composite. Once the composite

is mixed, pour the mixture of waste out

on a plastic sheet and either divide it

into 19-liter size piles or make one large

pile.

(1) From 19-liter sized piles, use a

random number generator or random

number table to select one of the piles.

(2) From one large pile, flatten the

pile to a depth of 30 cm and divide it

into 4 quarters of equal size. Use a

random number generator or random

number table to select one quarter of the

pile. Further divide the selected quarter

pile into 19-liter portions and use a

random number generator or random

number table to select one 19-liter

portion. A square having a 25 cm side

or a circle having a diameter of

approximately 28.5 cm when projected

downwards 30 cm equals approximately

19 liters.

(c) Transferring the sample to the

analytical laboratory. Place the selected

19-liter subsample in a container,

approved for shipment of the sample, to

the chemical extraction and analysis

laboratory, for the next step in sample

selection in accordance with § 761.353.

§ 761.353 Second level of sample

selection.

The second level of sample selection

reduces the size of the 19-liter

subsample that was collected according

to either § 761.347 or § 761.348 and

subsampled according to § 761.350. The

purpose of the sample size reduction is

to limit the amount of time required to

manually cut up larger particles of the

waste to pass through a 9.5 millimeter

(mm) screen.

(a) Selecting a portion of the

subsample for particle size reduction. At

the chemical extraction and analysis

laboratory, pour the 19-liter subsample

onto a plastic sheet or into a pan and

divide the subsample into quarters. Use

a random number generator or random

number table to select one of these

quarters.

(b) Reduction of the particle size by

the use of a 9.5 mm screen. Collect the

contents of the selected quarter of waste

resulting from conducting the

procedures in paragraph (a) of this

section and shake the waste in a 9.5 mm

screen. Separate the waste material

which passes through the screen from

the waste material which does not pass

through the screen. Manually cut or

otherwise reduce the size of all parts of

the waste portion which did not pass

through the 9.5 mm screen, such that

each part of the waste shall pass through

the 9.5 mm screen by shaking.

(c) Drying the reduced particle size

waste. Dry all of the waste portion

resulting from conducting the

procedures in paragraph (b) of this

section, from 10 to 15 hours in a drying

oven at 100 °C. Allow the dried waste

to cool to room temperature.

(d) Mixing the dried waste. Place all

of the waste resulting from conducting

the procedures in paragraph (c) of this

section in a 19-liter pail or similarly

sized, cylinder-shaped container. Mix

the dried material according to one of

the two following options:

(1) First mixing option. Completely

close the container and roll the

container a minimum of 10 complete

revolutions to mix the contents.

(2) Second mixing option. Use a

sturdy stirring rod, such as a broom

handle or other device that reaches the

bottom of the container, to stir the waste

for a minimum of 10 complete

revolutions around the container at a

distance approximately half way

between the outside and the center of

the container.

§ 761.355 Third level of sample selection.

The third level of sample selection

further reduces the size of the

subsample to 100 grams which is

suitable for the chemical extraction and

analysis procedure.

(a) Divide the subsample resulting

from conducting the procedures in

§ 761.353 of this part into 100 gram

portions.

(b) Use a random number generator or

random number table to select one 100

gram size portion as a sample for a

procedure used to simulate leachate

generation.

(c) Dry the 100 gram sample, selected

after conducting the procedure in

paragraph (b) of this section, for 10 to

15 hours in a drying oven at 100 °C and
35472 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

cool it to the analytical laboratory room

temperature before analysis using a

procedure used to simulate leachate

generation. This sample was dried

previously in the larger quantity sample

at the second level of sampling

(§ 761.353(c)) and is dried a second time

here (in the third level of sample

selection). This dried and cooled sample

must weigh at least 50 grams.

(d) If the dried and cooled sample

weighs <50 grams, select additional 100

gram portions of sample one at a time

by repeating the directions in paragraph

(b) and (c) of this section, and add each

additional 100 gram portion of sample

to the first 100 gram portion until at

least 50 grams of dried material is in the

sample to be analyzed using a procedure

used to simulate leachate generation.

§ 761.356 Conducting a leach test.

No method is specified as a procedure

used to simulate leachate generation.

§ 761.357 Reporting the results of the

procedure used to simulate leachate

generation.

Report the results of the procedure

used to simulate leachate generation as

micrograms PCBs per liter of extract

from a 100 gram sample of dry bulk

product waste. Divide 100 grams by the

grams in the sample and multiply this

quotient by the number of micrograms

PCBs per liter of extract to obtain the

equivalent measurement from a 100

gram sample.

§ 761.358 Determining the PCB

concentration of samples of waste.

Use either Method 3500B/3540C or

Method 3500B/3550B from EPA’s SW846, Test Methods for Evaluating Solid

Waste, or a method validated under

subpart Q of this part, for chemical

extraction of PCBs from individual and

composite samples of PCB bulk product

waste. Use Method 8082 from SW-846,

or a method validated under subpart Q

of this part, to analyze these extracts for

PCBs.

§ 761.359 Reporting the PCB concentrations

in samples.

Report all sample concentrations as

ppm by weight on a dry weight basis.

Subpart S—Double Wash/Rinse

Method for Decontaminating NonPorous Surfaces

§ 761.360 Background.

The double wash/rinse procedure is

used to quickly and effectively remove

PCBs on surfaces. It is important to

select and use the proper cleanup

equipment, to conduct the procedure

correctly so as not to redistribute PCBs,

and to comply with disposal

requirements for all cleanup materials.

§ 761.363 Applicability.

The double wash/rinse procedure

includes two washing steps and two

rinsing steps. The two washing and

rinsing steps are slightly different

depending on whether a contaminated

surface was relatively clean before the

spill (see § 761.372), or whether the

surface was coated or covered with dust,

dirt, grime, grease or another absorbent

material (see § 761.375).

§ 761.366 Cleanup equipment.

(a) Use scrubbers and absorbent pads

that are not dissolved by the solvents or

cleaners used, and that do not shred,

crumble, or leave visible fragments on

the surface. Scrubbers and absorbent

pads used to wash contaminated

surfaces must not be reused. Scrubbers

and absorbent pads for rinsing must not

contain ≥2 ppm PCBs. Scrubbers and

absorbent pads used in the second rinse

of contaminated surfaces may be reused

to wash contaminated surfaces.

(b) Capture and contain all solvents

and cleaners for reuse, decontamination,

or disposal. Clean organic solvents

contain <2 ppm PCBs. Clean water

contains <3 ppb PCBs.

§ 761.369 Pre-cleaning the surface.

If visible PCB-containing liquid is

present on the surface to be cleaned,

thoroughly wipe or mop the entire

surface with absorbent paper or cloth

until no liquid is visible on the surface.

§ 761.372 Specific requirements for

relatively clean surfaces.

For surfaces that do not appear dusty

or grimy before a spill, such as glass,

automobile surfaces, newly-poured

concrete, and desk tops, use the double

wash/rinse procedures in this section.

(a) First wash. Cover the entire surface

with organic solvent in which PCBs are

soluble to at least 5 percent by weight.

Contain and collect any runoff solvent

for disposal. Scrub rough surfaces with

a scrub brush or disposable scrubbing

pad and solvent such that each 900 cm2

(1 square foot) of the surface is always

very wet for 1 minute. Wipe smooth

surfaces with a solvent-soaked,

disposable absorbent pad such that each

900 cm2 (1 square foot) is wiped for 1

minute. Any surface <1 square foot shall

also be wiped for 1 minute. Wipe, mop,

and/or sorb the solvent onto absorbent

material until no visible traces of the

solvent remain.

(b) First rinse. Wet the surface with

clean rinse solvent such that the entire

surfaces is very wet for 1 minute. Drain

and contain the solvent from the

surface. Wipe the residual solvent off

the drained surface using a clean,

disposable absorbent pad until no liquid

is visible on the surface.

(c) Second wash. Repeat the

procedures in paragraph (a) of this

section. The rinse solvent from the first

rinse (paragraph (b) of this section) may

be used.

(d) Second rinse. Repeat the

procedures in paragraph (b) of this

section.

§ 761.375 Specific requirements for

surfaces coated or covered with dust, dirt,

grime, grease, or another absorbent

material.

(a) First wash. Cover the entire surface

with concentrated or industrial strength

detergent or non-ionic surfactant

solution. Contain and collect all

cleaning solutions for proper disposal.

Scrub rough surfaces with a scrub brush

or scrubbing pad, adding cleaning

solution such that the surface is always

very wet, such that each 900 cm2 (1

square foot) is washed for 1 minute.

Wipe smooth surfaces with a cleaning

solution-soaked disposable absorbent

pad such that each 900 cm2 (1 square

foot) is wiped for 1 minute. Wash any

surface <1 square foot for 1 minute. Mop

up or absorb the residual cleaner

solution and suds with an clean,

disposable, absorbent pad until the

surface appears dry. This cleaning

should remove any residual dirt, dust,

grime, or other absorbent materials left

on the surface during the first wash.

(b) First rinse. Rinse off the wash

solution with 1 gallon of clean water per

square foot and capture the rinse water.

Mop up the wet surface with a clean,

disposable, absorbent pad until the

surface appears dry.

(c) Second wash. Follow the

procedure in § 761.372(a).

(d) Second rinse. Follow the

procedure in § 761.372(b).

§ 761.378 Decontamination, reuse, and

disposal of solvents, cleaners, and

equipment.

(a) Decontamination. Decontaminate

solvents and non-porous surfaces on

equipment in accordance with the

standards and procedures in § 761.79(b)

and (c).

(b) Reuse. A solvent may be reused so

long as its PCB concentration is <50

ppm. Decontaminated equipment may

be reused in accordance with

§ 761.30(u). Store solvents and

equipment for reuse in accordance with

§ 761.35.

(c) Disposal. Dispose of all solvents,

cleaners, and absorbent materials in

accordance with § 761.79(g). Dispose of

equipment in accordance with

§ 761.61(a)(5)(v)(A), or decontaminate in

accordance with § 761.79(b) or (c). Store
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35473

for disposal equipment, solvents,

cleaners, and absorbent materials in

accordance with § 761.65.

Subpart T—Comparison Study for

Validating a New Performance-Based

Decontamination Solvent under

§ 761.79(d)(4)

§ 761.380 Background.

This subpart provides selfimplementing criteria for validating the

conditions for use in performance-based

decontamination of solvents other than

those listed in § 761.79(c)(3) and (c)(4).

Any person may use this subpart for

validating either a chemical formulation

or a product with a trade name whether

or not the constituents of the product

are proprietary.

§ 761.383 Applicability.

Use the self-implementing

decontamination procedure only on

smooth, non-porous surfaces that were

once in contact with liquid PCBs.

Decontamination procedures under this

subpart shall exactly parallel

§ 761.79(c)(3) and (c)(4), except that the

procedures described in

§ 761.79(c)(3)(iii) and (c)(3)(iv) and

(c)(4)(iii), (c)(4)(iv) and (c)(4)(vii) may be

revised to contain parameters validated

in accordance with this subpart.

§ 761.386 Required experimental

conditions for the validation study and

subsequent use during decontamination.

The following experimental

conditions apply for any solvent:

(a) Temperature and pressure.

Conduct the validation study and

perform decontamination at room

temperature (from ≥15 °C to ≤30 °C) and

at atmospheric pressure.

(b) Agitation. Limit the movement in

the solvent to the short-term movement

from placing the contaminated surface

into the soak solvent and from removing

the surface from the soak solvent.

(c) Time of soak. Soak the surface for

a minimum of 1 hour.

(d) Surface conditions for the

validation study. Prior to beginning the

validation study, ensure that there are

no free-flowing liquids on surfaces and

that surfaces are dry (i.e., there are no

liquids visible without magnification).

Also ensure that surfaces are virtually

free from non-liquid residues, corrosion,

and other defects which would prevent

the solvent from freely circulating over

the surface.

(e) Confirmatory sampling for the

validation study. Select surface sample

locations using representative sampling

or a census. Sample a minimum area of

100 cm2 on each individual surface in

the validation study. Measure surface

concentrations using the standard wipe

test, as defined in § 761.123, from which

a standard wipe sample is generated for

chemical analysis. Guidance for wipe

sampling appears in the document

entitled ‘‘Wipe Sampling and Double

Wash/Rinse Cleanup as Recommended

by the Environmental Protection Agency

PCB Spill Cleanup Policy,’’ available

from the TSCA Assistance Information

Service, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460.

(f) Concentration of PCBs. The

method validated may be used only to

decontaminate surfaces containing PCBs

at concentrations on which the

validation study was performed and

lower concentrations.

§ 761.389 Testing parameter requirements.

There are no restrictions on the

variable testing parameters described in

this section which may be used in the

validation study. The conditions

demonstrated in the validation study for

these variables shall become the

required conditions for decontamination

using the solvent being validated and

shall replace the comparable conditions

in § 761.79(b)(3) through (b)(6). There

are limited potential options for varying

a single requirement in this section. If

you change one of these variable

requirements, change it only in the way

listed in this section and do not change

any other validated conditions. If you

desire to change more than one of the

requirements in this section, you must

conduct a new study to validate the

decontamination under the desired

conditions.

(a) The study apparatus is not

standardized. Critical components of the

study are the PCB material (for example

MODEF or some other spiking solution),

the volume of the soaking solvent, and

the area of the contaminated surface.

The EPA study used beakers and

shallow dishes as the experimental

vessels to contain the surface and

solvent during the soaking process. In

order to minimize surface-to-volume

ratios, it is convenient to utilize flat

contaminated surfaces and shallow

solvent containers. During the

validation study, use the same ratio of

contaminated surface area to soak

solvent volume as would be used during

actual decontamination. It is also

permissible to use a smaller surface area

to soaking solvent volume than used in

the validation study, so long as all other

required parameters are used as

validated in the confirmation required

in § 761.386(a) through (f), and

paragraphs (a) through (c) of this

section. Do not use a larger surface-areato-solvent-volumes ratio or different

kind of solvent based on the results of

the validation study.

(b) Except for the minimum soak time

of 1 hour (as required in § 761.386(c)),

the length of soak time is not otherwise

restricted in the validation study. The

soak time used in the validation study,

however, is a use requirement for

subsequent decontamination using the

solvent being validated. It is permissible

to use longer soak times for

decontamination than the soak time

used in the validation study, if all other

parameters required in § 761.386, and

paragraphs (a) and (c) of this section are

used.

(c) There is no restriction on the kind

of material containing PCBs to use to

create the surface contamination for the

validation study. There is also no

restriction on the level of starting PCB

surface concentration. It is permissible

to use lower concentrations of PCB than

the concentration used in the validation

study, if all other parameters required in

§ 761.386(a) through (f), and paragraphs

(a) through (c) of this section are used.

§ 761.392 Preparing validation study

samples.

(a)(1) To validate a procedure to

decontaminate a surface contaminated

with a spill from liquid of a known

concentration, contaminate (spike) the

surface to be used in the validation

study as follows:

(i) Use a spiking solution made of

PCBs mixed with a solvent to

contaminate clean surfaces. Clean

surfaces are surfaces having PCB surface

concentrations <1 μg/100 cm2 before

intentionally contaminating the surface.

(ii) Prior to contaminating a surface

for the validation study, mark the

surface sampling area to assure that it is

completely covered with the spiking

solution.

(iii) Deliver the spiking solution onto

the surface, covering all of the sampling

area. Contain any liquids which spill or

flow off the surface. Allow the spiking

solution to drip drain off into a

container and then evaporate the

spiking solution off the contaminated

surface prior to beginning the validation

study. Contaminate a minimum of eight

surfaces for a complete validation study.

(iv) As a quality control step, test at

least one contaminated surface to

determine the PCB concentration to

verify that there are measurable surface

levels of PCBs resulting from the

contamination before soaking the

surface in the decontamination solvent.

The surface levels of PCBs on the

contaminated surfaces must be ≥20 μg/

100 cm2.

(2) To validate a procedure to

decontaminate a specified surface
35474 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

concentrations of PCBs as measured by

a standard wipe sample, contaminate a

minimum of 10 surfaces. Contaminate

all the surfaces identically following the

procedures in paragraph (a)(1) of this

section and measure the PCB surface

concentrations of at least three of the

surfaces using a standard wipe test to

establish a surface concentration to be

included in the standard operating

procedure. The surface levels of PCBs

on the contaminated surfaces must be

≥20 μg/100 cm2.

(b) [Reserved]

§ 761.395 A validation study.

(a) Decontaminate the following

prepared sample surfaces using the

selected testing parameters and

experimental conditions. Take a

standard wipe sample of the

decontaminated surface.

(1) At least one uncontaminated

surface. The surface levels of PCBs on

the uncontaminated surface must be <1

μg/100 cm2.

(2) At least seven contaminated

surfaces.

(b)(1) Use SW-846, Test Methods for

Evaluating Solid Waste methods for

sample extraction and chemical analysis

as follows: Use Method 3500B/3540C or

Method 3500B/3550B for the extraction

and cleanup of the extract and Method

8082 for the chemical analysis, or

methods validated under subpart Q of

this part.

(2) Report all validation study surface

sample concentrations on the basis of

micrograms of PCBs per 100 cm2 of

surface sampled.

(c) Following completion of the

validation study, measurements from

the contaminated surfaces must have an

arithmetic mean of ≤10 μg/100 cm2. If

the arithmetic mean is >10 μg/100 cm2,

then the validation study failed and the

solvent may not be used for

decontamination under § 761.79(d)(4)

according to the parameters tested.

§ 761.398 Reporting and recordkeeping.

(a) Submit validation study results to

the Director, National Program

Chemicals Division (NPCD), (7404),

Office of Pollution Prevention and

Toxics, 401 M St., SW., Washington,

DC, prior to the first use of a new

solvent for alternate decontamination

under § 761.79(d)(4). The use of a new

solvent is not TSCA Confidential

Business Information (CBI). From time

to time, the Director of NPCD will

confirm the use of validated new

decontamination solvents and publish

the new solvents and validated

decontamination procedures in the

Federal Register.

(b) Any person may begin to use

solvent validated in accordance with

this subpart at the time results are

submitted to EPA.

(c) Record all testing parameters and

experimental conditions from the

successful validation study into a

standard operating procedure (SOP) for

reference whenever the

decontamination procedure is used.

Include in the SOP the identity of the

soaking solvent, the length of time of the

soak, and the ratio of the soak solvent

to contaminated surface area during the

soaking process. Also include in the

SOP the maximum concentration of

PCBs in the spilled material and the

identity of the spilled material, and/or

the measured maximum surface

concentration of the contaminated

surface used in the validation study.

Record and keep the results of the

validation study as an appendix to the

SOP. Include in this appendix, the

solvent used to make the spiking

solution, the PCB concentration of the

spiking solution used to contaminate

the surfaces in the validation study, and

all of the validation study testing

parameters and experimental

conditions.

[FR Doc. 98–17048 Filed 6–23–98; 11:27 am]

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