[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35384-35474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17048]



[[Page 35383]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 750 and 761



Disposal of Polychlorinated Biphenyls (PCBs); Final Rule

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

[[Page 35384]]



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: TSCA-H<a href="/cdn-cgi/l/email-protection#6b041f0702050e2b0e1b0a060a0207450e1b0a450c041d"><span class="__cf_email__" data-cfemail="b1dec5ddd8dfd4f1d4c1d0dcd0d8dd9fd4c1d09fd6dec7">[email protected]</span></a>.

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:

                                                                        
------------------------------------------------------------------------
                                                Examples of Regulated   
                 Category                             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  Individuals and agencies    
 Governments                                 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) (FRL-4167-1), 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

[[Page 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, Sec.  
761.1(b)(4) provides that the concentration of non-liquid 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

[[Page 35386]]

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 
non-cancer 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 
Sec. 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

[[Page 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<SUP>-6</SUP> range. 
Estimates of the detection limits that would be required to estimate a 
10<SUP>-6</SUP> 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 (<a href="http://www.epa.gov/
fedrgstr/">http://www.epa.gov/
fedrgstr/</a>).
    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<SUP>-6</SUP> range. 
See Table 1 of the support document for estimates of the detection 
limits that would be required to estimate a 10<SUP>-6</SUP> 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 
Sec. 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 Sec.  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 <greek-m>g/100 
cm<SUP>2</SUP>). 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 
deg.C or 77  deg.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 non-liquid 
materials that can be separated. Under the TSCA section 6(e) PCB 
regulations, EPA has always used weight/weight for determining PCB

[[Page 35388]]

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 <greek-m>g/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 <gr-thn-eq>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 (Sec. 761.61) 
and decontamination (Sec. 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 
Sec. 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 Sec. 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 Sec. 761.1(g) and amending the PCB-
Transformer definition as proposed, EPA has created new Sec. 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 PCB-
Contaminated, 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 
PCB-Contaminated.
    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

[[Page 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 non-PCB, i.e., containing less than 50 ppm PCB.
    In addition, Sec. 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., <gr-thn-eq>500 ppm).
    Finally, Sec. 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 Sec. 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 Sec. 761.2, many tranformers that 
would have been included under the proposed PCB Transformer definition 
are not now included. For example, Sec. 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 
PCB-Contaminated 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-T-Kuhl, 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 Sec. 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 PCB-Contaminated (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 Sec. 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).

[[Page 35390]]

    In today's final rule, language on assumption of capacitor 
concentration is found at the new Sec. 761.2(a)(4), and the existing 
definition of ``capacitor'' at Sec. 761.3 is being left unchanged. The 
language in Sec. 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 Sec. 761.40(g). In addition, a definition of 
``PCB Capacitor'' has been added to Sec. 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 
Sec. 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 Sec. 761.2(a)(3) is subject to 
the use conditions for PCB Transformers set out at Sec. 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 Sec. 761.180(a) and marking at Sec. 761.40(b) were 
cited. EPA is finalizing language in today's final rule at 
Sec. 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 Sec. 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 
Sec. 761.20(c)(5) of the regulatory text), reused (see Sec. 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 <ls-thn-eq>1 
ppm, or <ls-thn-eq>10 ppm if the soil is capped (see 
Sec. 761.61(a)(4)(i)(A) of the regulatory text). The cleanup level in 
low occupancy (e.g., electrical substation) areas is <ls-thn-eq>25 ppm 
to <ls-thn-eq>100 ppm, depending on site conditions (see 
Sec. 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, 
<ls-thn-eq>10 micrograms PCBs per 100 square centimeters (<greek-m>g 
PCBs/100 cm<SUP>2</SUP>) (see Sec. 761.79(b)(3)(i) of the regulatory 
text); for non-porous surfaces in contact with liquid PCBs destined for 
smelting, <ls-thn-eq>100 <greek-m>g PCBs/100 cm<SUP>2</SUP> (see 
Sec. 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 Sec. 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 Sec. 761.79(b)(3)(ii); and for 
fresh spills to concrete, <ls-thn-eq>10 <greek-m>g PCBs/100 cm<SUP>2</SUP> 
(see Sec. 761.79(b)(4) of the regulatory text).
    Decontamination standards for liquids are as follows: for water, 
<ls-thn-eq>0.5 <greek-m>g PCBs/L (approximately 0.5 ppb) for 
unrestricted use (see Sec. 761.79(b)(1)); and for organic and non-
aqueous inorganic liquids, <ls-thn-eq>2 mg PCBs/L (approximately 2 ppm) 
(see Sec. 761.79(b)(2) of the regulatory text). The codified text uses 
ppm or milligrams per liter (mg/L) for concentration measurements of 
non-aqueous liquids and parts per billion (ppb) or micrograms per liter 
(<greek-m>g/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 
non-liquid 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 site-specific 
permit or license conditions or local requirements may preclude such 
disposal. Similarly, under Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 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 Sec. 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 Sec. 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 Sec. 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 ``PCB-Contaminated Electrical Equipment'' 
(specifically as it relates to PCB-Contaminated Transformers at 
Sec. 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 Sec. 761.2 rather than in the 
definition of that term at Sec. 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 PCB-Contaminated 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 <greek-m>g 
PCBs/100 cm<SUP>2</SUP> to less than 100 <greek-m>g/100 cm<SUP>2</SUP>. 
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 Sec. 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 non-
porous 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

[[Page 35392]]

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 Sec. 761.19 as proposed.

B. Manufacturing, Processing, Distribution in Commerce, and Use

    1. Prohibitions and exceptions--a. Processing for disposal. 
Existing Sec. 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 Sec. 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 Sec. 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 Sec. 761.61(a) and Sec. 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 Sec. 761.79 or 
Sec. 761.60(a)(2) or (3).
    The rate of delivering liquids or non-liquids 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 
non-waste 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 Sec. 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 Sec. 761.20(a)(4), and 
includes ``PCB sewage sludge'' as defined at 40 CFR 503.9(w) containing 
<gr-thn-eq>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 <gr-thn-eq>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 Sec. 761.20(c)(5), which 
consolidates provisions proposed at Sec. 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 Sec. 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 <gr-thn-eq>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 
Sec. 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 Sec. 761.79. Similar conditions for the use 
or reuse of decontaminated materials are addressed in Sec. 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 
Sec. 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 Sec. 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 Sec. 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

[[Page 35393]]

personnel) that this registration had taken place, then that PCB 
Transformer was not authorized for use under Sec. 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 <gr-thn-eq>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 Sec. 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 Sec. 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

[[Page 35394]]

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 
Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 761.30(b), (c), (d), and (e). EPA received a comment that 
Sec. 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

[[Page 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 Secs. 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 Sec. 761.30(g) and is finalizing 
the proposed revisions to the authorizations at Sec. 761.30(b), (c), 
(d), (e), and (h).
    One commenter identified a drafting error in Sec. 761.30(h) 
regarding the use conditions for electromagnets, switches, and voltage 
regulators which incorrectly directed individuals to inspection 
requirements at Sec. 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 Sec. 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 ``Sec. 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 Sec. 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 Sec. 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 Sec. 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 <gr-thn-eq>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 Sec. 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 <gr-thn-eq>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 Sec. 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 Sec. 761.30(a)(1)(xv) with transformers, or 
placed in a separate paragraph. In response to comments, EPA added the 
amendments to Sec. 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 Sec. 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 
Sec. 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

[[Page 35396]]

actions. EPA also proposed that PCB-Contaminated 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 Sec. 761.3 and their use is authorized under specific 
conditions in Sec. 761.30(t).
    The use authorization promulgated today in Sec. 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 <gr-thn-eq>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 Sec. 761.30(i). For systems which are owned or 
operated by a seller or distributor of natural gas, continued use is 
authorized at concentrations <gr-thn-eq>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 Sec. 761.30(i). With respect to the 
Sec. 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 Sec. 761.3, they are not subject to the requirements of 
Sec. 761.30(i).
    EPA is dropping the Sec. 761.45(a) marking requirement for natural 
gas pipeline contaminated with PCBs at <50 ppm which was formerly 
required at Sec. 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 <gr-thn-eq>50 ppm bear the M<INF>L</INF> Mark in accordance 
with Sec. 761.45(a) because of potential exposure to PCB liquids. (See 
Sec. 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 <gr-thn-eq>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 
Sec. 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 
Sec. 761.60(a)(4), finalized as Sec. 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 
Sec. 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 Sec. 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

[[Page 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 Sec. 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 <gr-thn-eq>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 
<gr-thn-eq>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., 
Secs. 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 <gr-thn-eq>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 Sec. 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 Sec. 761.60. Therefore, R&D into PCB disposal-
related activities using limited quantities of PCBs is addressed at 
Sec. 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 Sec. 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 self-implementing R&D 
activity for PCB disposal pursuant to Sec. 761.60(j).
    Under Sec. 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 Sec. 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 
Sec. 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 (Sec. 761.60(j)), and one to other 
R&D activities (Sec. 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, Sec. 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, Sec. 761.60 applies (e.g., 
Sec. 761.60(j) for PCB R&D disposal activities using less than 1 
kilogram of pure PCBs, or Sec. 761.60(i)(2) where otherwise 
appropriate). Otherwise, use of the waste sample in analytical 
procedures would be conducted pursuant to Sec. 761.30(j).
    Another commenter suggested that EPA expand Sec. 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 
Sec. 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

[[Page 35398]]

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 
Sec. 761.30(j) with the class exemption for processors and distributors 
of PCBs and analytical reference samples derived from PCB waste 
material at Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 self-implementing controls to 
reduce exposure to the spilled PCBs and to restrict further migration 
of the PCBs from or within the porous material (see Sec. 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 
Sec. 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 
solid-state rectifiers (devices that convert alternating current to 
direct current) contain PCBs. Therefore, EPA proposed to authorize the 
continued use, at Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 761.30(s) 
and three existing use authorizations, Sec. 761.30(k),

[[Page 35399]]

Microscopy mounting medium; Sec. 761.30(n), Microscopy immersion oil; 
and Sec. 761.30(o), Optical liquids, into a single authorization at 
Sec. 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 Sec. 761.30(i). In 
today's final rule, however, EPA has added a separate definition for 
``air compressor systems'' at Sec. 761.3 and authorized the use of PCBs 
in concentrations of <gr-thn-eq>50 ppm in air compressor systems under 
specific conditions in Sec. 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 
Sec. 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 Sec. 761.30(t) in today's rule, 
EPA is authorizing the use of PCBs at concentrations <gr-thn-eq>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 <gr-thn-eq>50 ppm in pipeline 
systems not owned or operated by a seller or distributor; owners or 
operators of these systems have no obligations under Sec. 761.30(t).
    k. Use/reuse of decontaminated materials. EPA clarifies in 
Sec. 761.30(u) of today's rule that equipment, structures, or liquid or 
non-liquid materials that were contaminated with PCBs <gr-thn-eq>50 ppm 
may be used or reused once decontamination standards and applicable use 
conditions set forth in Sec. 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 Sec. 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 Sec. 761.79(b)(1). Water 
containing PCBs at concentrations <200 <greek-m>g/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 
Sec. 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 Sec. 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 Sec. 761.65(c)(1) 
could be utilized; after 30 days, the 1-year storage for disposal 
requirements in Sec. 761.65(b) apply. If the equipment is 
decontaminated according to Secs. 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 Sec. 761.67 to limit storage for reuse of PCB 
Articles in areas not designed, constructed, and operated in compliance 
with Sec. 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 (Sec. 761.65(c)(8)). 
Therefore, requiring PCB Articles being stored for reuse also to be 
labeled could be confusing.

[[Page 35400]]

    EPA is retaining at Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 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 (<gr-thn-eq>50 ppm) in any phase to make the 
marking requirements for transport vehicles carrying non-liquid 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 761.180(a). This issue is 
clarified by new language at Sec. 761.1(b)(6).
    2. Storage units. Existing Sec. 761.40(h) requires M<INF>L</INF> 
marks on PCB Items and transport vehicles to be placed so that they can 
be easily read. EPA proposed modifying Sec. 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 M<INF>L</INF> 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 Sec. 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

[[Page 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 M<INF>L</INF> 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 M<INF>L</INF>, 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 M<INF>L</INF> 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 Sec. 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 phase-out efforts.
    Therefore, in today's rule, EPA is finalizing Sec. 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 Sec. 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 M<INF>L</INF> mark (see 
Sec. 761.40(k)(2)). Existing Sec. 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 Sec. 761.40(a)(4)). 
These marking provisions do not apply to equipment containing PCB-
Contaminated Electrical Equipment.

E. Disposal

    1. Applicability. In the final rule, EPA has created a new 
Sec. 761.50, titled Applicability of Storage and Disposal Provisions. 
The purpose of Sec. 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 Sec. 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 Sec. 761.60(d)(1), is now at Sec. 761.50(a)(4).
    Second, Sec. 761.50 clarifies that Sec. 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 Secs. 761.61 and 761.62, respectively.
    Third, EPA specifies the storage and disposal options for PCB/
radioactive waste at Sec. 761.50(b)(7). Any person storing PCB/
radioactive waste <gr-thn-eq>50 ppm PCBs must do so based on the PCB 
concentration of the waste, except as provided in Secs. 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 <gr-thn-eq>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 non-
municipal non-hazardous waste landfill (e.g., PCB bulk product waste 
under Sec. 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, Sec. 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 Sec. 761.60 by EPA's 
Chief Judicial Officer in Re: Standard Scrap Metal Company, TSCA-V-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 Sec. 761.60. In the final rule, this language appears at 
Sec. 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-by-case 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 pre-1978 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

[[Page 35402]]

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 
Sec. 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 Sec. 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 Sec. 761.60(a)(2)(ii) allowing the 
disposal of PCB-Contaminated mineral oil dielectric fluid, which has 
been stabilized on-site prior to disposal in accordance with 
Sec. 761.75(b)(8), at a chemical waste landfill. However, the land 
disposal of PCB-Contaminated liquids from incidental sources associated 
with non-liquid 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 Sec. 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 Sec. 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 Sec. 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 PCB-
Contaminated 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, Sec. 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 Sec. 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 PCB-Contaminated 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 Sec. 761.50(a)(1)) and 
in Sec. 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 Sec. 761.72. That section now refers at 
Sec. 761.72(a) to ``scrap metal recovery ovens'' and at Sec. 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 Sec. 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

[[Page 35403]]

in accordance with the requirements of Sec. 761.72. Very small amounts 
of PCBs remain on drained surfaces of PCB-Contaminated 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 Sec. 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 Sec. 761.72(c)).
    In addition to intact drained PCB-Contaminated 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 PCB-Contaminated 
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 Sec. 761.20(e)).
    4. PCB articles--a. PCB-Contaminated Electrical Equipment. Drained 
PCB-Contaminated Electrical Equipment is not regulated for disposal 
under the existing PCB regulations at Sec. 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 PCB-
Contaminated Electrical Equipment carcasses were used for barbecue 
grills reflected isolated instances of non-compliance.
    EPA proposed to modify Sec. 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 TSCA-approved disposal facility. EPA also proposed to amend 
Sec. 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 Sec. 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 Sec. 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 non-leaking 
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

[[Page 35404]]

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 TSCA-approved disposal facility, as bulk product waste under 
Sec. 761.62, as household waste under Sec. 761.63 (where applicable), 
or in accordance with the decontamination provisions of Sec. 761.79 
(see Sec. 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 Sec. 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 Sec. 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., <gr-thn-eq>50 ppm PCB). 
Contaminated systems have been operated under compliance agreements and 
Sec. 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 Sec. 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 Sec. 761.60(b)(5)).
    Those who hold alternate PCB disposal permits or approvals issued 
under Sec. 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 <gr-thn-eq>50 ppm. There is one provision for abandonment 
and one provision for removal with subsequent action that apply to PCB-
Contaminated systems (i.e., <gr-thn-eq>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 
Sec. 761.1(b)(4).
    Pipeline liquids containing <gr-thn-eq>50 ppm PCBs removed from the 
system must be disposed of as PCB remediation waste in accordance with 
Sec. 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 non-
pipeline 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

[[Page 35405]]

pertaining to used oil at Sec. 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 <gr-thn-eq>50 ppm in the organic phase.
    i. Abandonment. The final rule specifies how natural gas pipeline 
systems containing <gr-thn-eq>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 
<gr-thn-eq>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 Sec. 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 Sec. 761.3 to clarify 
that this coated natural gas pipe is considered a non-porous surface 
(see Sec. 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 Sec. 761.79(b)(3)(ii), non-porous 
surfaces, such as natural gas pipe, contaminated at less than 100 
<greek-m>g/100 cm<SUP>2</SUP>, may be smelted in an industrial furnace 
operating in accordance with Sec. 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 cm<SUP>2</SUP> 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 Secs. 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 <greek-m>g PCB/100 
cm<SUP>2</SUP> 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 Secs. 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 Sec. 761.70 incinerators exists, may submit a written 
request to the EPA for an exemption from the incineration requirements 
of Sec. 761.60 or Sec. 761.70. EPA did not intend that the submission 
of this application be optional, as could be construed by the word 
``may'' in Sec. 761.60(e). EPA, therefore, proposed to amend 
Sec. 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 Sec. 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, 
Sec. 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

[[Page 35406]]

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 Sec. 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 
Sec. 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 self-implementing 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 
Sec. 761.30(j).
    Commenters noted that some chemical analysis of PCBs under 
Sec. 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 
Sec. 761.30(j) poses inherently different risks from the R&D for 
disposal activities under Sec. 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 Sec. 761.30(j) are used in a 
controlled environment by trained laboratory staff, while PCBs used in 
Sec. 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 Sec. 761.60(j) of the proposal were moved to Sec. 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 Sec. 761.61(a)); (2) 
existing approved disposal technologies (see Sec. 761.61(b)); and (3) 
risk-based disposal (see Sec. 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 Sec. 761.50, 
Applicability of Storage and Disposal Provisions. EPA consolidated the 
liquid PCB remediation wastes disposal options in 
Sec. 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 Sec. 761.65(b). EPA has added 
Sec. 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 Sec. 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 Sec. 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

[[Page 35407]]

Policy. Many commenters wanted to extrapolate subpart G to other 
cleanup waste scenarios instead of using proposed Sec. 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 Sec. 761.61.
    The NPRM stated that the self-implementing option of Sec. 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 self-
implementing cleanup under Sec. 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 self-implementing 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 self-implementing 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 self-
implementing cleanup at a portion of the facility likely to undergo 
cleanup under some other Federal or state program, the person would be 
well-advised 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/G-
90/007, August 1990; Technology Alternatives for the Remediation of 
PCB-Contaminated 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 Clean-up 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 Sec. 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 
Sec. 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 risk-based approval at Sec. 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 Sec. 761.61(a). 
Without the same level of oversight as in NPL sites, self-implementing 
verification sampling should be comprehensive. To limit transaction 
time for site cleanup and constraints on cleanup, EPA placed the site 
sampling emphasis in Sec. 761.61(a)(5) at the post-cleanup verification 
period, rather than under the limited pre-cleanup site characterization 
in Sec. 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 Sec. 761.61(a)(4)(vi) to enable the EPA 
Regional Administrator, based on the notification required in 
Sec. 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 self-implementing 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 <greek-m>g/g of sample. Liquid sample results 
must be reported on a

[[Page 35408]]

wet weight basis as <greek-m>g/g of sample. Surface sampling results 
shall be reported as <greek-m>g/100 cm<SUP>2</SUP> (see Sec. 761.274 of 
the regulatory text). Regardless of the size of the surface area, 
divide 100 cm<SUP>2</SUP> 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 cm<SUP>2</SUP>.
    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 Sec. 761.61, 
introductory text, of the regulatory text). Emergency cleanup may occur 
without notification, but does not satisfy the requirements of 
Sec. 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 
Sec. 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 Sec. 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 Sec. 761.61(a). The final rule 
organizes Sec. 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 Sec. 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 
Sec. 761.61(a)(4) of the regulatory text). For example, the non-porous 
surface cleanup level for high occupancy areas is 10 <greek-m>g PCB/100 
cm<SUP>2</SUP>, and for low occupancy areas is 100 <greek-m>g PCB/100 
cm<SUP>2</SUP>, 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 Sec. 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 self-implementing 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 Sec. 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 Sec. 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 Sec. 761.61(a)(5) that PCB 
disposal technologies approved under Secs. 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 Sec. 761.60 or 
Sec. 761.70 for disposal of PCB liquids may not be used to dispose of 
soil. Technologies approved under Sec. 761.60 or Sec. 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 Sec. 761.60 or Sec. 761.70 and which are approved for 
self-implementing disposal are soil washing and decontamination in 
accordance with Sec. 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

[[Page 35409]]

or reuse of the solvent in accordance with Sec. 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 
Sec. 761.60(e) or Sec. 761.61(c).
    EPA assumed that the primary application of self-implementing 
cleanup would be safe and effective on-site treatment and land disposal 
(e.g., PCB concentration reduction, with the PCBs destroyed on-site, 
followed by on-site 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 
Sec. 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 off-site 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 
<gr-thn-eq>50 ppm disposed of at such sites. Therefore, 
Sec. 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 non-
municipal non-hazardous waste landfill (e.g., PCB bulk product waste 
under Sec. 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 Sec. 761.50(a)(5) that non-
liquid PCBs can be assumed to be <gr-thn-eq>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 
Sec. 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/non-liquid 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 Sec. 761.61(a). EPA added options, 
including compositing, to the cleanup verification sampling in subpart 
O. Cleanup verification sampling for non-porous 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 on-site 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.

[[Page 35410]]

    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 Sec. 761.61(a)(7), EPA has replaced 
descriptions of cap materials with performance criteria, which 
essentially paraphrase cap requirements from Sec. 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 Sec. 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 Sec. 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 Sec. 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 <gr-thn-eq>50 ppm must 
be managed under one of the other disposal options of Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 761.20(a)(4). Use of sewage sludge containing 
<gr-thn-eq>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 <gr-thn-eq>50 ppm PCBs, defined as ``PCB 
sewage sludge,'' must be disposed of pursuant to Sec. 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 Sec. 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 (non-remediation waste). In the NPRM, EPA 
identified certain PCBs and PCB Items coming out of service for 
disposal as PCB Non-Remediation Waste (see Sec. 761.3 and Sec. 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 Sec. 761.62 that the wastes addressed are <gr-thn-eq>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 Sec. 761.65(c)(10) 
addresses temporary on-site storage of this waste. Under 
Sec. 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

[[Page 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 Sec. 761.62(a)(3) of the regulatory 
text). EPA also added alternate disposal pursuant to Sec. 761.60(e), 
decontamination pursuant to Sec. 761.79, thermal decontamination 
pursuant to Sec. 761.79(c)(6), and a coordinated approval pursuant to 
Sec. 761.77 (see Secs. 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 Sec. 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 <greek-m>g/L measured 
using a procedure used to simulate leachate generation may be disposed 
of in municipal or non-municipal non-hazardous waste landfills 
(Sec. 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 Sec. 761.62(b)(2) of the regulatory text). Disposal of 
these materials in accordance with the conditions specified in 
Sec. 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 non-hazardous waste 
landfill (see Sec. 761.62(b)(1)(iii)), EPA has reduced the level of 
PCBs in the aqueous leachate from 50 to 10 <greek-m>g/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 
Sec. 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 non-municipal non-hazardous waste landfill regardless of 
its PCB concentration. Under Sec. 761.62(b)(4), the disposer would have 
to notify the disposal facility that the waste may contain PCBs 
<gr-thn-eq>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 Sec. 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 Sec. 761.62(c). It 
would also be necessary to use subpart R or Sec. 761.62(c) for purposes 
of disposal of PCB bulk product waste in accordance with 
Sec. 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 
<gr-thn-eq>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 
<gr-thn-eq>500 ppm PCBs (see Sec. 761.50(a)(5)). For PCB bulk product 
waste disposed of under Sec. 761.62(b)(1), the notice must state that 
the waste is known or presumed to leach <10 <greek-m>g/L PCBs. For PCB 
bulk product waste disposed of under Sec. 761.62(b)(2), the notice must 
state that the waste is known or presumed to leach <gr-thn-eq>10 
<greek-m>g/L PCBs.
    In addition, Sec. 761.62(b)(4) requires different notification 
procedures for waste disposed of under Sec. 761.62(b)(1) than for waste 
disposed of under Sec. 761.62(b)(2). For waste disposed of under 
Sec. 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 
Sec. 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 Sec. 761.62(b).
    Under current rules at Sec. 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 non-municipal 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 Sec. 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

[[Page 35412]]

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 Sec. 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 Sec. 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 
Sec. 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, Sec. 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 
<gr-thn-eq>500 ppm (or <gr-thn-eq>100 <greek-m>g/100 cm<SUP>2</SUP> 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 Sec. 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 Sec. 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., 
<gr-thn-eq>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

[[Page 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., 
<gr-thn-eq>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 PCB-containing 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 Sec. 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 Sec. 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 Sec. 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 TSCA-approved 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 Sec. 761.64 addresses laboratory wastes from R&D activities 
authorized in Sec. 761.30(j) as well as the chemical analysis required 
in part 761, including Secs. 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 Sec. 761.60(a)(2) and (a)(3), to 
new Sec. 761.71; and moved the requirements for industrial furnaces, 
proposed at Sec. 761.60(a)(4), to new Sec. 761.72. Incinerator and 
chemical waste landfill technical requirements remain in Secs. 761.70 
and Sec. 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 
Sec. 761.65(a)(1) is also exempt from the exception reporting 
requirements of paragraphs (c), (d), and (e) of Sec. 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 Sec. 761.65(a)(2)(iv). EPA did not intend

[[Page 35414]]

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 Sec. 761.65(c)(1)(iv) allows temporary storage, 
in an area that does not meet the requirements of Sec. 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 Sec. 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 Sec. 761.65(c)(2). EPA reasoned 
that the phaseout date (October 1, 1988, Sec. 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 Sec. 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 Sec. 761.65(c)(2).
    c. Alternate storage of PCBs. EPA proposed to modify 
Sec. 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 Sec. 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 Sec. 761.65(d) or meeting the 
design criteria of Sec. 761.65(b). The first two scenarios are 
facilities that are granted risk-based storage approvals under 
Sec. 761.61(c) (PCB remediation waste) or Sec. 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 Sec. 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 
Sec. 761.65(b)(1)(iv) for consistency with the new definition of 
``porous surface'' at Sec. 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 Sec. 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 non-porous 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 Secs. 761.60(b)(2)(vi) and 761.65(c)(6)), by eliminating citations 
to specific

[[Page 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 
Sec. 761.40 are still in effect. In addition, because of the anti-
dilution provision at Sec. 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 
Sec. 761.65(c)(6)(ii).
    EPA received comments that it should continue to list at 
Sec. 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 Sec. 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 Sec. 761.60(b)(2)(vi). This 
is not the case. Section Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 761.65(c)(6)(i) and Sec. 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 
Sec. 761.65(c)(5)), and dated when they are placed into storage (see 
Sec. 761.65(c)(8)). PCB Article Containers, however, were not included 
in Sec. 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 
Sec. 761.65(c)(5) and (c)(8). The definition of ``PCB Item'' at 
Sec. 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

[[Page 35416]]

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 Sec. 761.61(b)(3). Except in accordance with the self-
implementing provisions of Sec. 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 self-implementing 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 Sec. 761.3.
    A number of comments questioned the applicability of a TSCA PCB 
Coordinated Approval at CERCLA remediation sites. Proposed 
Sec. 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

[[Page 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 Sec. 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 non-TSCA 
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 Sec. 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 Sec. 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 off-site 
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 non-aggressive 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 Sec. 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 Sec. 761.79 establish 
measurement-based decontamination standards for removing PCBs from 
water, organic liquids, non-porous surfaces, concrete, and non-porous 
surfaces in contact with non-liquid PCBs (including non-porous surfaces 
covered with a porous surface, such as paint or coating on metal). EPA 
is finalizing the self-implementing decontamination procedures for non-
porous 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 Sec. 761.72 may be used to 
decontaminate metal surfaces. Additionally, EPA moved the 
decontamination of air compressor systems, formerly in 
Sec. 761.60(b)(5), to the performance-based provisions of Sec. 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 Sec. 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 non-porous surface meeting the 
standards in Sec. 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 Sec. 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 non-porous surfaces or liquids, or thermal

[[Page 35418]]

processes in accordance with Sec. 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 
Sec. 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 Sec. 761.79 must obtain a PCB 
disposal approval.
    EPA is allowing contaminated water to be decontaminated to 
different concentration levels specified in Sec. 761.79(b)(1) depending 
on its subsequent use, reuse, or disposal. EPA has finalized the 
proposed decontamination standard for water of <ls-thn-eq>0.5 
micrograms PCBs per liter. Under Sec. 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 non-contact cooling water in an industrial 
setting. EPA has responded to these comments by including in 
Sec. 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 non-contact cooling water). In addition, EPA has specified in 
Secs. 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 <greek-m>g/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 <greek-m>g/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 PCB-Contaminated 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 Sec. 761.1(b)(2).
    The final rule includes decontamination standards for non-porous 
surfaces (See Sec. 761.79(b)(3)). The decontamination standard for non-
porous surfaces in contact with liquid PCBs at concentrations 
<gr-thn-eq>500 ppm for unrestricted use is <ls-thn-eq>10 <greek-m>g/100 
cm<SUP>2</SUP> and for smelting in an industrial furnace operating in 
accordance with Sec. 761.72(b) is <100 <greek-m>g PCB/100 
cm<SUP>2</SUP>. Surface PCB concentrations are measured using a 
standard wipe test as defined at Sec. 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 Sec. 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 Sec. 761.79(c)(2), the Agency is allowing movable equipment 
and tools to be decontaminated by swabbing, a double rinse/wash as 
specified in Sec. 761.123, or another applicable decontamination 
standard or procedure in Sec. 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 <ls-thn-eq>10 <greek-m>g/100 cm<SUP>2</SUP> 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 Sec. 761.30(p), or 
disposed of in accordance with 40 CFR part 761, subpart D.
    EPA has also finalized the self-implementing decontamination 
procedures for non-porous surfaces contaminated with MODEF with some 
modifications (see Sec. 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 performance-based validation testing, EPA is 
providing a self-implementing procedure under Sec. 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 Sec. 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 self-implementing procedure for 
decontamination of metal surfaces using thermal processes in accordance 
with Sec. 761.72, depending on the PCB concentration (see 
Sec. 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 
Sec. 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

[[Page 35419]]

to establish uniform, self-implementing protocols. Spraying is, 
however, an authorized decontamination method under Sec. 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 Sec. 761.79(h) allowing the EPA Regional Administrator to 
approve decontamination or sampling methods not specifically described 
elsewhere in Sec. 761.79 based on a finding of no unreasonable risk.
    The final rule does include self-implementing 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 Sec. 761.60(e). For decontamination 
using other solvents or conditions, follow the appropriate provisions 
of Sec. 761.79(d)(4) and subpart T or seek a PCB disposal approval.
    EPA clarifies that self-implementing, performance-based 
decontamination conducted under Sec. 761.79(c) does not require 
confirmatory surface measurements (see Sec. 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 Sec. 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 Sec. 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 non-liquids resulting from 
decontamination activities to be decontaminated to the extent permitted 
under Sec. 761.79. Hydrocarbon solvents containing <50 ppm PCBs may 
also be burned and marketed in accordance with the used oil provisions 
of Sec. 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 Sec. 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 Sec. 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 Sec. 761.80(i). EPA has 
also modified the text of proposed Sec. 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 Sec. 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 Sec. 761.80(i) does not 
affect any manufacturer, processor, distributor or exporter previously 
granted an exemption under existing Sec. 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 761.80(g)(2), or submit a petition

[[Page 35420]]

within the Sec. 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 Sec. 761.60(j)). Processing and 
distribution in commerce of PCBs associated with R&D for disposal are 
regulated under existing provisions at Sec. 761.20(c). Persons engaging 
in processing and distribution in commerce of PCBs for this disposal 
activity need not request an exemption under Sec. 761.80.
    2. Class exemption for manufacturing PCBs for research and 
development of disposal technologies. EPA proposed at Sec. 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 Sec. 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 Sec. 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 Sec. 761.60(j)(1)(ii) notification requirement.
    A person wishing to be included in the class exemption at 
Sec. 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 Sec. 750.11 or 
processing and distribution in commerce exemption at Sec. 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 
Sec. 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 Sec. 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 Sec. 761.80(g) to include 
distribution in commerce for export. However, such distribution in 
commerce may be conducted under Sec. 761.80(i) as finalized, and 
additional modification of Sec. 761.80(g) is therefore no longer 
necessary. Similarly, proposed changes to Sec. 761.80(o) regarding 
exemption renewals under Sec. 761.80(g) have been rendered moot by 
changes from the proposal. EPA also is not finalizing proposed 
modifications to Sec. 761.80(n) regarding renewals of the new class 
exemption at Sec. 761.80(e); these provisions are in the text of 
Sec. 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 
Sec. 750.31(c), ``Content of petition,'' from a previous amendment. 
Therefore, EPA is promulgating a technical correction to delete 
references at Sec. 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 Sec. 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 Sec. 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 Sec. 761.65 and Sec. 761.60 and the manifesting requirements 
at Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 761.97(a)(1) with 
minor clarifications.
    2. Proposed export provisions. In the Import for Disposal rule, EPA 
redesignated the provisions formerly codified at Sec. 761.20(c) 
allowing exports for disposal of PCBs and PCB Items at concentrations 
<50 ppm into a new Sec. 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

[[Page 35421]]

is retaining Sec. 761.97(a)(1) with minor clarifications.
    EPA stated in the NPRM that exports of PCBs and PCB Items for 
disposal in concentrations <gr-thn-eq>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 <gr-thn-eq>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 Sec. 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 
Sec. 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 Sec. 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 
Sec. 761.20(c)(1), totally enclosed PCB Items, such as Transformers, 
and Large High and Low Voltage Capacitors <gr-thn-eq>50 ppm (as defined 
in Sec. 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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 761.65(c)(5).
    A few commenters felt that the proposed requirement would duplicate 
records they maintain under the Spill Cleanup Policy (Sec. 761.125). 
EPA is not prescribing a format for spill cleanup records under today's 
new provisions at Sec. 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 Sec. 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

[[Page 35422]]

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 Sec. 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 Sec. 761.3). One example listed 
in Sec. 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 
Sec. 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 
Sec. 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 Sec. 761.215 due to their usefulness as an 
enforcement tool, but is adding a 45-day submission timeframe to 
Sec. 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

[[Page 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 Sec. 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 
Sec. 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 Sec. 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 
Sec. 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 anti-dilution, 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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

[[Page 35424]]

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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 761.180(b)(2)(iii). Examples 
of such facilities include high efficiency boilers at Sec. 761.71; and 
facilities conducting decontamination under Sec. 761.79.
    EPA clarifies that ``disposers of PCB waste,'' as defined at 
Sec. 761.3, who dispose of their own waste must submit an annual 
report. Therefore, EPA proposed to amend Sec. 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

[[Page 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 Sec. 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 Sec. 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, 
Sec. 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 
Sec. 761.65(b) and any functional equivalent recognized by the EPA 
Regional Administrator under Sec. 761.77. EPA has added definitions of 
``unit'' and ``facility'' to Sec. 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 Sec. 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

[[Page 35426]]

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. 
M<INF>L</INF> refers to the large PCB mark as defined at Sec. 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                                   
----------------------------------------------------------------------------------------------------------------
                                                                                          Disposal and Storage- 
           Regulated Items               Marking Requirements      In-Service Records      for-Disposal Records 
----------------------------------------------------------------------------------------------------------------
PCB Containers                         M<INF>L                       -Total Kg weight of all  -Date container        
                                                                 containers*             -Serial or I.D. number 
                                                                -Description of           *                     
                                                                 contents*               -Kg weight of each*    
                                                                                         -Description of        
                                                                                          contents*             
                                                                                         -Dates for: removal;   
                                                                                          transport; disposal*  
                                                                                         -Total number & Kg     
                                                                                          weight*               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB Article Containers                 M<INF>L                       -Total Kg weight of all  -Date container        
                                                                 containers*             -Serial or I.D. number*
                                                                -Description of          -Kg weight of each*    
                                                                 contents*               -Description of        
                                                                                          contents*             
                                                                                         -Dates for: removal;   
                                                                                          transport; disposal*  
                                                                                         -Total number & Kg     
                                                                                          weight*               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB Transformers                       M<INF>L                       -Total number of units*  -Date article          
                                       M<INF>L or approved mark on   -Total Kg weight*        -Serial or I.D. number*
                                        access to unit (e.g.,   -Inspection and          -Kg of fluid in each*  
                                        vault doors)             maintenance             -Dates for: removal;   
                                                                -Registration with EPA    transport; disposal*  
                                                                -Record of sale          -Total number & Kg     
                                                                                          weight*               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB Large High or Low Voltage          M<INF>L on unit or on         -Total number*           -Date article          
 Capacitors                             protected location       (protected location     -Serial or I.D. number*
                                                                 records if applicable)  -Kg of fluid in each*  
                                                                -Record of sale          -Dates for: removal;   
                                                                                          transport; disposal*  
                                                                                         -Total number & Kg     
                                                                                          weight*               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB Small Capacitors                   **                                                                       
----------------------------------------------------------------------------------------------------------------
                                                                                                                

[[Page 35427]]

                                                                                                                
PCB-Contaminated Electrical Equipment  Not required             -Record of sale          Not required (once     
                                                                                          drained)              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB Equipment that contains PCB Large  M<INF>L                       Records required for     Records required for   
 Capacitors or PCB Transformers                                  PCB Large Capacitors     PCB Large Capacitors  
                                                                 or PCB Transformers      or PCB Transformers   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
Natural Gas Pipelines, Compressors,    M<INF>L on above ground                                                       
 Appurtenances Air compressor systems   sources of PCB liquids                                                  
 (<gr-thn-eq>2ppm)                      <gr-thn-eq>50 ppm                                                       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
Bulk PCB waste                         M<INF>L on container                                   -Kg weight/quantity    
                                                                                          dates of each batch in
                                                                                          or out. Also          
                                                                                          disposition of each   
                                                                                          batch out.            
                                                                                         -Total Kg weight       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
Storage areas                          M<INF>L                                                -Annual records as     
                                                                                          required under Sec.   
                                                                                          761.180               
                                                                                         -Records of attempts to
                                                                                          comply with 1-year    
                                                                                          limit (if necessary)  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
Transport vehicles                     M<INF>L if contains a PCB                                                     
                                        Transformer or 45kg                                                     
                                        liquid PCBs                                                             
----------------------------------------------------------------------------------------------------------------
                                                                                                                
PCB motors, hydraulic and heat-        M<INF>L (Note: use of these                                                   
 transfer systems                       items no longer                                                         
                                        authorized)                                                             
----------------------------------------------------------------------------------------------------------------
<SUP>* Annual reporting requirement.                                                                                 
<SUP>** 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.                                                         


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[[Page 35431]]

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[[Page 35432]]

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 Dose-Response Assessment and Application 
to Environmental Mixtures. EPA/600/P-96/001F (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 Sec.  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-DO-
0137, 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.

[[Page 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 PCB-Contaminated 
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 PCB-Contaminated 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. Cost-generating 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 Costs<SUP>a                                                           13.0                                13.0                                13.0
Cost Savings                                                               161.1                               191.1                               749.1
Net Cost Savings                                                           148.1                               178.1                               736.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    <SUP>a</SUP>Compliance 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

[[Page 35434]]

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 PCB-Contaminated 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 PCB-Contaminated 
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 <a href="/cdn-cgi/l/email-protection#adcdcdcbccdfc0c8df83deccc3c9d4edc8ddccc0ccc4c183c8ddcc83cac2db">``<span class="__cf_email__" data-cfemail="dbbdbaa9b6bea9f5a8bab5bfa29bbeabbab6bab2b7f5beabbaf5bcb4ad">[email protected]</span></a>.'' 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.

[[Page 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

[[Page 35436]]

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.

Sec. 750.31 [Amended]

    b. In Sec. 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 Sec. 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 Sec. 761.1, by revising paragraph (b) to read as follows:


Sec. 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 Aroclor<SUP>TM</SUP> 1242 PCBs 
based on a comparison with Aroclor<SUP>TM</SUP> 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 <ls-thn-eq>10/100 cm<SUP>2</SUP>. Provisions that 
apply to PCBs at concentrations of <gr-thn-eq>50 to <500 ppm apply also 
to contaminated surfaces at PCB concentrations of >10/100 cm<SUP>2</SUP> 
to <100 <greek-m>g/100 cm<SUP>2</SUP>. Provisions that apply to PCBs at 
concentrations of <gr-thn-eq>500 ppm apply also to contaminated 
surfaces at PCB concentrations of <gr-thn-eq>100 <greek-m>g/100 
cm<SUP>2</SUP>.
    (4) PCBs can be found in liquid, non-liquid 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 <gr-thn-eq>0.5 
percent, must separate the non-dissolved materials into non-liquid PCBs 
and liquid PCBs. For multi-phasic non-liquid/liquid or liquid/liquid 
mixtures, the phases shall be separated before chemical analysis. 
Following phase separation, the PCB concentration in each non-liquid 
phase shall be determined on a dry weight basis and the PCB 
concentration in each liquid phase shall be determined separately on a 
wet weight basis.
    (iv) Any person disposing of multi-phasic non-liquid/liquid or 
liquid/liquid mixtures must use the PCB disposal requirements that 
apply to the individual phase with the highest PCB concentration except 
where otherwise noted. Alternatively, phases may be separated and 
disposed of using the PCB disposal requirements that apply to each 
separated, single-phase material.
    (5) No person may avoid any provision specifying a PCB 
concentration by diluting the PCBs, unless otherwise specifically 
provided.
    (6) Unless otherwise specified, references to weights or volumes of 
PCBs in this part apply to the total weight or total volume of the 
material (oil, soil, debris, etc.) that contains regulated 
concentrations of PCBs, not the calculated weight or volume of only the 
PCB molecules contained in the material.
    *    *    *    *    *
    c. By adding a new Sec. 761.2 to read as follows:


Sec. 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 <gr-thn-eq>50 ppm PCB, but <500 ppm PCB). All 
pole-top and pad-mounted distribution transformers manufactured before 
July 2, 1979, must be assumed to be mineral-oil filled. Any person may 
assume that electrical equipment manufactured after July 2, 1979, is 
non-PCB (i.e., <50 ppm

[[Page 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., <gr-thn-eq>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 
<gr-thn-eq>500 ppm PCBs. Any person may assume that a capacitor 
manufactured after July 2, 1979, is non-PCB (i.e., <50 ppm PCBs). If 
the date of manufacture is unknown, any person must assume the 
capacitor contains <gr-thn-eq>500 ppm PCBs. Any person may assume that 
a capacitor marked at the time of manufacture with the statement ``No 
PCBs'' in accordance with Sec. 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 Sec. 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:


Sec. 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 
Sec. 761.65(b)(1) or (c)(7) or meets the alternate storage criteria of 
Sec. 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 Sec. 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 non-dissolved material.
    Low occupancy area means any area where PCB remediation waste has 
been disposed of on-site and where occupancy for any individual not 
wearing dermal and respiratory protection for a calendar year is: less 
than 840 hours (an average of 16.8 hours per week) for non-porous 
surfaces and less than 335 hours (an average of 6.7 hours per week) for 
bulk PCB remediation waste. Examples could include an electrical 
substation or a location in an industrial facility where a worker 
spends small amounts of time per week (such as an unoccupied area 
outside a building, an electrical equipment vault, or in the non-office 
space in a warehouse where occupancy is transitory).
      *    *    *    *    *
    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

[[Page 35438]]

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  deg.C or 77  deg.F) or 
from which no liquid passes when a 100 g or 100 ml representative 
sample is placed in a mesh number 60 <plus-minus> 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 
<gr-thn-eq>50 ppm PCBs. PCB bulk product waste does not include PCBs or 
PCB Items regulated for disposal under Sec. 761.60(a) through (c), 
Sec. 761.61, Sec. 761.63, or Sec. 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 <gr-thn-eq>500 ppm 
PCB. Concentration assumptions applicable to capacitors appear under 
Sec. 761.2.
      *    *    *    *    *
    PCB-Contaminated means a non-liquid material containing PCBs at 
concentrations <gr-thn-eq>50 ppm but <500 ppm; a liquid material 
containing PCBs at concentrations <gr-thn-eq>50 ppm but <500 ppm or 
where insufficient liquid material is available for analysis, a non-
porous surface having a surface concentration >10 <greek-m>g/100 
cm<SUP>2</SUP> but <100 <greek-m>g/100 cm<SUP>2</SUP>, measured by a 
standard wipe test as defined in Sec. 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 <gr-thn-eq>50 ppm and <500 ppm in 
the contaminating fluid. In the absence of liquids, electrical 
equipment is PCB-Contaminated if it has PCBs at >10 <greek-m>g/100 
cm<SUP>2</SUP> and <100 <greek-m>g/100 cm<SUP>2</SUP> as measured by a 
standard wipe test (as defined in Sec. 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 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 
<gr-thn-eq>50 ppm, demolition and renovation wastes, and industrial or 
heavy duty equipment with PCBs are not household wastes.
      *    *    *    *    *
    PCB Item means any PCB Article, PCB Article Container, PCB 
Container, PCB Equipment, or anything that deliberately or 
unintentionally contains or has as a part of it any PCB or PCBs.
      *    *    *    *    *
    PCB/radioactive waste means PCBs regulated for disposal under 
subpart D of this part that also contain source, special nuclear, or 
byproduct material subject to regulation under the Atomic Energy Act of 
1954, as amended, or naturally-occurring or accelerator-produced 
radioactive material.
      *    *    *    *    *
    PCB remediation waste means waste containing PCBs as a result of a 
spill, release, or other unauthorized disposal, at the following 
concentrations: Materials disposed of prior to April 18, 1978, that are 
currently at concentrations <gr-thn-eq>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 
<gr-thn-eq>500 ppm PCB beginning on April 18, 1978, or <gr-thn-eq>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

[[Page 35439]]

sediment fines, and aqueous decantate from sediment.
    (2) Sewage sludge containing <50 ppm PCBs and not in use according 
to Sec. 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 non-porous surfaces.
      *    *    *    *    *
    PCB sewage sludge means sewage sludge as defined in 40 CFR 503.9(w) 
which contains <gr-thn-eq>50 ppm PCBs, as measured on a dry weight 
basis.
      *    *    *    *    *
    PCB Transformer means any transformer that contains <gr-thn-eq>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 Sec. 761.2. For provisions permitting reclassification of 
electrical equipment, including PCB Transformers, containing 
<gr-thn-eq>500 ppm PCBs to PCB-Contaminated Electrical Equipment, see 
Sec. 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 non-porous surfaces.
      *    *    *    *    *
    Qualified incinerator means one of the following:
    *    *    *    *    *
    (2) A high efficiency boiler which complies with the criteria of 
Sec. 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 Sec. 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 Sec. 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 
Sec. 761.123. Except as designated elsewhere in part 761, the minimum 
surface area to be sampled shall be 100 cm<SUP>2</SUP>.
      *    *    *    *    *
    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 Sec. 761.19, the table in paragraph (b), in the second 
column, by revising the reference to ``Sec. 761.60(a)(3)(iii)(B)(6)'' 
wherever it appears to read ``Sec. 761.71(b)(2)(vi)'' and by revising 
the introductory text of paragraph (b) to read as follows:


Sec. 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 Sec. 761.20, by revising the section heading and paragraphs 
(a)(4), (c)(2), and (c)(5) to read as follows:


Sec. 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

[[Page 35440]]

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 Sec. 503.9(aa) 
of this chapter.
    *    *    *    *    *
    (c)  *    *    *
    (2) Any person may process and distribute in commerce for disposal 
PCBs at concentrations of <gr-thn-eq>50 ppm, or PCB Items with PCB 
concentrations of <gr-thn-eq>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 Sec. 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 self-implementing activity under 
Sec. 761.61(a) or Sec. 761.79(b) or (c), or are otherwise specifically 
allowed under subpart D of this part.
    (iii) With the exception of provisions in Sec. 761.60(a)(2) and 
(a)(3), in order to meet the intent of Sec. 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 Sec. 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 <gr-thn-eq>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 
Sec. 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 Sec. 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 ``Sec. 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 
``Sec. 761.3'' to read ``Sec. 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:


Sec. 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 PCB-Transformer, must register the newly-identified PCB 
Transformer, in writing, with the Environmental Protection Agency no 
later than 30 days after it is identified as such. This requirement 
does not apply to transformer owners who have previously registered 
with the EPA PCB Transformers located at the same address as the 
transformer that they assumed to be PCB-Contaminated and later 
determined to be a PCB Transformer.
    (2) A person who takes possession of a PCB Transformer after 
December 28, 1998 is not required to register or re-register the 
transformer with the EPA.
    (B) Any person submitting a registration under this section must 
include:
    (1) Company name and address.
    (2) Contact name and telephone number.
    (3) Address where these transformers are located. For mobile 
sources such as ships, provide the name of the ship.
    (4) Number of PCB Transformers and the total weight in kilograms of 
PCBs contained in the transformers.
    (5) Whether any transformers at this location contain flammable 
dielectric fluid (optional).
    (6) Signature of the owner, operator, or other authorized 
representative certifying the accuracy of the information submitted.
    (C) A transformer owner must retain a record of each PCB 
Transformer's registration (e.g., a copy of the registration and the 
return receipt signed by EPA) with the inspection and maintenance 
records required for each PCB Transformer under paragraph 
(a)(1)(xii)(I) of this section.
    (D) A transformer owner must comply with all requirements of 
paragraph (a)(1)(vi)(A) of this section to continue the PCB-
Transformer's authorization for use, or storage for reuse, pursuant to 
this section and TSCA section 6(e)(2)(B).
    *    *    *    *    *
    (xii)  *  *  *
    (I) Record of the registration of PCB Transformer(s).
    (J) Records of transfer of ownership of a PCB Item (excluding 
intact non-leaking small capacitors) with a PCB concentration of 
<gr-thn-eq>500 ppm, when records are not maintained in compliance with 
Sec. 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.

[[Page 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 <gr-thn-eq>500 ppm are subject to the following 
provisions:
    (A) The owner of the voltage regulator must mark its location in 
accordance with Sec. 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 Sec. 761.180.
    (iii) The owner of a voltage regulator that assumes it contains 
<500 ppm PCBs as provided in Sec. 761.2, and discovers by testing that 
it is contaminated at <gr-thn-eq>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 <gr-thn-eq>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 
<gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 
<gr-thn-eq>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 
<gr-thn-eq>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 M<INF>L</INF> Mark in accordance with 
Sec. 761.45(a), where such sources have been demonstrated through 
historical data or recent sampling to contain PCBs <gr-thn-eq>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 <gr-thn-eq>50 
ppm PCB are not subject to paragraphs (i)(1)(iii)(A)(2), 
(i)(1)(iii)(A)(3), (i)(1)(iii)(A)(4), or (i)(1)(iii)(A)(6) of this 
section. Owners or operators of these systems, however, must comply 
with the other provisions of this section (e.g., sampling of any 
collected PCB liquids and recordkeeping).
    (C) The owner or operator of a natural gas pipeline system must 
document in writing all data collected and actions taken, or not taken, 
pursuant to the authorization in paragraph (i)(1)(iii)(A) of this 
section. They must maintain the information for 3 years after the PCB 
concentration in the component or segment is reduced to <50 ppm, and 
make it available to EPA upon request.
    (D) The Director, National Program Chemicals Division, after 
consulting with the appropriate EPA Region(s) may, based on a finding 
of no unreasonable risk, modify in writing the requirements of 
paragraph (i)(1)(iii)(A) of this section, including extending any 
compliance date, approving alternative formats for documentation, 
waiving one or more requirements for a segment or component, requiring 
sampling and analysis, and requiring implementation of engineering 
measures to reduce PCB concentrations. EPA will make such modifications 
based on the natural gas pipeline system size, configuration, and 
current operating conditions; nature, extent or source of 
contamination; proximity of contamination to end-users; or previous 
sampling, monitoring, remedial actions or documentation of activities 
taken regarding compliance with this authorization or other applicable 
Federal, State, or local laws and regulations. The Director, National 
Program Chemicals Division, may 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 PCB-Contaminated natural gas pipe and 
appurtenances in a natural gas pipeline

[[Page 35442]]

system, provided all free-flowing liquids have been removed.
    (3) Any person may use PCB-Contaminated natural gas pipe, drained 
of all free-flowing liquids, in the transport of liquids (e.g., bulk 
hydrocarbons, chemicals, petroleum products, or coal slurry), as casing 
to provide secondary containment or protection (e.g., protection for 
electrical cable), as industrial structural material (e.g., fence 
posts, sign posts, or bridge supports), as temporary flume at 
construction sites, as equipment skids, as culverts under 
transportation systems in intermittent flow situations, for sewage 
service with written consent of the Publicly Owned Treatment Works 
(POTW), for steam service, as irrigation systems (<20 inch diameter) of 
less than 200 miles in length, and in a totally enclosed compressed air 
system.
    (4) Any person characterizing PCB contamination in natural gas pipe 
or natural gas pipeline systems must do so by analyzing 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 Sec. 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 
<gr-thn-eq>50 ppm removed, spilled, or otherwise released from a 
natural gas pipeline system must do so in accordance with 
Sec. 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 <gr-thn-eq>50 ppm from a natural gas 
pipeline systems, must do so in accordance with Secs. 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 Sec. 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 
Sec. 761.3) is addressed in Sec. 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 Sec. 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 Sec. 761.65(b) and dispose of all 
PCB wastes in compliance with Sec. 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 <greek-m>g/100 cm<SUP>2</SUP> 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 M<INF>L</INF> Mark in a location 
easily visible to individuals present in the area; the M<INF>L</INF> 
Mark shall be placed over the encapsulated area or the barrier to the 
encapsulated area.
    (C) M<INF>L</INF> 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 Secs. 761.61 or 761.79 for surfaces contaminated by 
spills, or Sec. 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

[[Page 35443]]

in air compressor systems at concentrations <50 ppm.
    (2) Any person may use PCBs in air compressor systems (or 
components thereof) at concentrations <gr-thn-eq>50 ppm provided that:
    (i) All free-flowing liquids containing PCBs <gr-thn-eq>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 
<gr-thn-eq>50 ppm, are decontaminated in accordance with Sec. 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 (Sec. 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 <gr-thn-eq>50 ppm in the air compressor system, whichever is 
later. The EPA Regional Administrator for the EPA Region in which an 
air compressor system is located may, at his/her discretion and in 
writing, extend this timeframe.
    (t) Use of PCBs in other gas or liquid transmission systems. (1) 
PCBs are authorized for use in intact and non-leaking gas or liquid 
transmission systems at concentrations <50 ppm PCBs.
    (2) PCBs are authorized for use at concentrations <gr-thn-eq>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 <gr-thn-eq>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 <gr-thn-eq>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 Sec. 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 
<ls-thn-eq>0.5<greek-m>g/L PCBs without restriction.
    (4) Any person may use water containing PCBs at concentrations <200 
<greek-m>g/L (i.e., < 200 ppb PCBs) for non-contact use in a closed 
system where there are no releases (e.g., as a non-contact cooling 
water).
    i. By adding Sec. 761.35 to read as follows:


Sec. 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 Sec. 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 Sec. 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 Sec. 761.65(b) for a period longer 
than 5 years, provided that the owner or operator has received written 
approval from the EPA Regional Administrator for the Region in which 
the PCB Article is stored. An owner or operator of a PCB Article 
seeking approval to extend the 5-year period must submit a request for 
extension to the EPA Regional Administrator at least 6 months before 
the 5-year storage for reuse period expires and must include an item-
by-item justification for the desired extension. The EPA Regional 
Administrator may include any conditions to such approval deemed 
necessary to protect health or the environment. The owner or operator 
of the PCB Article being stored for reuse must comply with the other 
applicable provisions of this part, including the record retention 
requirements at Sec. 761.180(a).
    (c) Any person may store a PCB Article for reuse indefinitely in:
    (1) A unit in compliance with Sec. 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 Sec. 761.40, by revising paragraphs (a)(5), (b), (e), and 
(h), and adding paragraphs (k) and (l) to read as follows:


Sec.  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 <gr-thn-eq>50 ppm or with one or more PCB 
Transformers shall be marked on each end and each side with the 
M<INF>L</INF> mark as described in Sec. 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 M<INF>L</INF> 
mark as described in Sec. 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 M<INF>L</INF> mark as described in Sec. 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

[[Page 35444]]

a fence, then the owner or operator shall mark the pole, structure, or 
fence with the M<INF>L</INF> 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 
<gr-thn-eq>500 ppm must be marked individually with the M<INF>L</INF> 
mark as described in Sec. 761.45(a).
    (2) Locations of voltage regulators containing PCBs <gr-thn-eq>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 M<INF>L</INF> mark as described in 
Sec. 761.45(a).
    k. By amending subpart D by removing the ``Note'' appearing just 
after the heading for subpart D and adding Sec. 761.50, reading as 
follows:


Sec. 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 
Sec. 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 
Sec. 761.60(a).
    (3) No person may discharge water containing PCBs to a treatment 
works (as defined Sec. 503.9(aa) of this chapter) or to navigable 
waters unless the PCB concentration is <3 <greek-m>g/L (approximately 3 
ppb), or unless the discharge is in accordance with a PCB discharge 
limit included in a permit issued under section 307(b) or 402 of the 
Clean Water Act.
    (4) Spills and other uncontrolled discharges of PCBs at 
concentrations of <gr-thn-eq>50 ppm constitute the disposal of PCBs.
    (5) Any person land disposing of non-liquid PCBs may avoid 
otherwise-applicable sampling requirements by presuming that the PCBs 
disposed of are <gr-thn-eq>500 ppm (or <gr-thn-eq>100 <greek-m>g/100 
cm<SUP>2</SUP> 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 Sec. 761.60(a), or decontaminate them in accordance 
with Sec. 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 Sec. 761.60(b), or decontaminate it in accordance with 
Sec. 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 
Sec. 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 
Sec. 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 
Sec. 761.62.
    (3) PCB remediation waste. PCB remediation waste, including PCB 
sewage sludge, is regulated for cleanup and disposal in accordance with 
Sec. 761.61.
    (i) Any person responsible for PCB waste at concentrations 
<gr-thn-eq>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 Sec. 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 Sec. 761.61. 
Disposal of the PCB remediation waste must comply with Sec. 761.61. 
However, cleanup of those wastes that is not in complete compliance 
with Sec. 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 Sec. 761.61. Complete compliance with 
Sec. 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 Sec. 761.62. PCB 
bulk product waste, as that term is defined in Sec. 761.3, is waste 
that was <gr-thn-eq>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 Sec. 761.79(c)(6) 
(see Sec. 761.62(a)(6)).
    (5) PCB household waste. Any person storing or disposing of PCB 
household

[[Page 35445]]

waste, as that term is defined in Sec. 761.3, must do so in accordance 
with Sec. 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 Sec. 761.30(j), or for disposal under Sec. 761.60(j), must do 
so in accordance with Sec. 761.64.
    (7) PCB/Radioactive waste. (i) Any person storing PCB/radioactive 
waste <gr-thn-eq>50 ppm PCBs must do so taking into account both its 
PCB concentration and its radioactive properties, except as provided in 
Sec. 761.65(a)(1), (b)(1)(ii), and (c)(6)(i).
    (ii) Any person disposing of PCB/radioactive waste must do so 
taking into account both its PCB concentration and its radioactive 
properties. If, taking into account only the properties of the PCBs in 
the waste (and not the radioactive properties of the waste), the waste 
meets the requirements for disposal in a facility permitted, licensed, 
or registered by a State as a municipal or non-municipal non-hazardous 
waste landfill (e.g., PCB bulk product waste under Sec. 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 Sec. 761.3 must do 
so in accordance with Sec. 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 
Sec. 761.3 must do so in accordance with Sec. 761.62. Any person may 
decontaminate concrete surfaces upon which PCBs have been spilled in 
accordance with Sec. 761.79(b)(4), if the decontamination procedure is 
commenced within 72 hours of the initial spill of PCBs to the concrete 
or portion thereof being decontaminated. Any person may decontaminate 
porous non-liquid PCBs in contact with non-porous surfaces, such as 
underground metal fuel tanks coated with fire retardant resin or pitch, 
for purposes of unrestricted use or disposal in a smelter in accordance 
with Sec. 761.79(b)(3).
    (c) Storage for disposal. Any person who holds PCB waste must store 
it in accordance with Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 761.75.
    (e) TSCA PCB Coordinated Approval. Any person seeking a TSCA PCB 
Coordinated Approval must follow the procedures set forth in 
Sec. 761.77.
    l. In Sec. 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:


Sec. 761.60   Disposal requirements.

    (a) PCB liquids. PCB liquids at concentrations <gr-thn-eq>50 ppm 
must be disposed of in an incinerator which complies with Sec. 761.70, 
except that PCB liquids at concentrations <gr-thn-eq>50 ppm and <500 
ppm may be disposed of as follows:
    (1) For mineral oil dielectric fluid, in a high efficiency boiler 
according to Sec. 761.71(a).
    (2) For liquids other than mineral oil dielectric fluid, in a high 
efficiency boiler according to Sec. 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 Sec. 761.75 if:
    (i) Disposal does not violate Sec. 268.32(a)(2) or 
Sec. 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 
Sec. 761.75(b)(8)(iii).
    (b) PCB Articles. This paragraph does not authorize disposal that 
is otherwise prohibited in Sec. 761.20 or elsewhere in this part.
    (1)  *    *    *
    (i)  *    *    *
    (B) In a chemical waste landfill approved under Sec. 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 Sec. 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 Sec. 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 <gr-thn-eq>50 
ppm, such as die casting machines, shall do so by one of the following 
methods:

[[Page 35446]]

    (A) In accordance with Sec. 761.79.
    (B) In a facility which is permitted, licensed, or registered by a 
State to manage municipal solid waste subject to part 258 of this 
chapter or non-municipal non-hazardous waste subject to Secs. 257.5 
through 257.30 of this chapter, as applicable (excluding thermal 
treatment units).
    (C) In an industrial furnace operating in compliance with 
Sec. 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 
<gr-thn-eq>1,000 ppm PCB, then the hydraulic machine must be 
decontaminated in accordance with Sec. 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 Sec. 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 non-municipal non-hazardous waste subject to Secs. 257.5 
through 257.30 of this chapter, as applicable (excluding thermal 
treatment units).
    (B) In an industrial furnace operating in compliance with 
Sec. 761.72.
    (C) In a disposal facility or process approved under this part.
    (ii) Any person disposing of Large Capacitors that contain 
<gr-thn-eq>50 ppm but <500 ppm PCBs shall do so in a disposal facility 
approved under this part.
    (iii) The storage for disposal of PCB-Contaminated 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 <gr-thn-eq>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 <gr-thn-eq>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 
<ls-thn-eq>4 inches, and containing PCBs at any concentration but no 
free-flowing liquids, may be abandoned in the place it was used to 
transport natural gas if each end is sealed closed and the pipe is 
either:
    (1) Included in a public service notification program, such as a 
``one-call'' system under 49 CFR 192.614(a) and (b).
    (2) Filled to 50 percent or more of the volume of the pipe with 
grout (such as a hardening slurry consisting of cement, bentonite, or 
clay) or high density polyurethane foam.
    (B) PCB-Contaminated natural gas pipe of any diameter, where the 
PCB concentration was determined 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 
Sec. 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 
Sec. 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 Sec. 761.79(c)(3), (c)(4) or (h) or a PCB disposal 
approval issued under Sec. 761.60(e) or Sec. 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 
free-flowing liquids may be disposed of in a facility permitted, 
licensed, or registered by a State to manage municipal solid waste 
subject to part 258 of this chapter or non-municipal non-hazardous 
waste subject to Secs. 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 
Sec. 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 <ls-thn-eq>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 Sec. 761.70.
    (2) In a chemical waste landfill operating in compliance with 
Sec. 761.75, provided that all free-flowing liquid PCBs have been 
thoroughly drained.
    (3) As a PCB remediation waste in compliance with Sec. 761.61.
    (4) In accordance with Sec. 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 Sec. 761.1(b)(4).
    (iv) Disposal of pipeline liquids. (A) Any person disposing of 
liquids

[[Page 35447]]

containing PCBs <gr-thn-eq>50 ppm removed, spilled, or otherwise 
released from a natural gas pipeline system must do so in accordance 
with Sec. 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 <gr-thn-eq>50 ppm from 
a natural gas pipeline system, must do so in accordance with 
Sec. 761.61 or Sec. 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 Sec. 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 PCB-Contaminated 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 Sec. 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 Secs. 257.5 through 257.30 
of this chapter, as applicable (excluding thermal treatment units).
    (C) In an industrial furnace operating in compliance with 
Sec. 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 TSCA-approved disposal facility, as 
bulk product waste under Sec. 761.62, as household waste under 
Sec. 761.63 (where applicable), or in accordance with the 
decontamination provisions of Sec. 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 Sec. 761.70 or a high efficiency boiler operating in 
compliance with Sec. 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 
Sec. 761.70 or Sec. 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 Sec. 761.70 incinerator or a 
Sec. 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

[[Page 35448]]

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 Sec. 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, Secs. 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 Sec. 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 Sec. 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 Secs. 761.61, 761.62, 761.63, and 761.64 to subpart D 
to read as follows:


Sec. 761.61   PCB remediation waste.

    This section provides cleanup and disposal options for PCB 
remediation waste. Any person cleaning up and disposing of PCBs managed 
under this section shall do so based on the concentration at which the 
PCBs are found. This section does not prohibit any person from 
implementing temporary emergency measures to prevent, treat, or contain 
further releases or mitigate migration to the environment of PCBs or 
PCB remediation waste.
    (a) Self-implementing on-site cleanup and disposal of PCB 
remediation waste. EPA designed the self-implementing procedure for a 
general, moderately-sized site where there should be low residual 
environmental impact from remedial activities. The procedure may be 
less practical for larger or environmentally diverse sites. For these 
other sites, the self-implementing procedure still applies, but an EPA 
Regional Administrator may authorize more practical procedures through 
paragraph (c) of this section. Any person may conduct self-implementing 
cleanup and disposal of PCB remediation waste in accordance with the 
following requirements without prior written approval from EPA.
    (1) Applicability. (i) The self-implementing procedures may not be 
used to clean up:
    (A) Surface or ground waters.
    (B) Sediments in marine and freshwater ecosystems.
    (C) Sewers or sewage treatment systems.
    (D) Any private or public drinking water sources or distribution 
systems.
    (E) Grazing lands.
    (F) Vegetable gardens.
    (ii) The self-implementing cleanup provisions shall not be binding 
upon cleanups conducted under other authorities, including but not 
limited to, actions conducted under section 104 or section 106 of 
CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
    (2) Site characterization. Any person conducting self-implementing 
cleanup of PCB remediation waste must characterize the site adequately 
to be able to provide the information required by paragraph (a)(3) of 
this section. Subpart N of this part provides a method for collecting 
new site characterization data or for assessing the sufficiency of 
existing site characterization data.
    (3) Notification and certification. (i) At least 30 days prior to 
the date that the cleanup of a site begins, the person in charge of the 
cleanup or the owner of the property where the PCB remediation waste is 
located shall notify, in writing, the EPA Regional Administrator, the 
Director of the State or Tribal environmental protection agency, and 
the Director of the county or local environmental protection agency 
where the cleanup will be conducted. The notice shall include:
    (A) The nature of the contamination, including kinds of materials 
contaminated.
    (B) A summary of the procedures used to sample contaminated and 
adjacent areas and a table or cleanup site map showing PCB 
concentrations measured in all pre-cleanup characterization samples. 
The summary must include sample collection and analysis dates. The EPA 
Regional Administrator may require more detailed information including, 
but not limited to, additional characterization sampling or all sample 
identification numbers from all previous characterization activities at 
the cleanup site.
    (C) The location and extent of the identified contaminated area, 
including topographic maps with sample collection sites cross 
referenced to the sample identification numbers in the data summary 
from paragraph (a)(3)(i)(B) of this section.
    (D) A cleanup plan for the site, including schedule, disposal 
technology, and approach. This plan should contain options and 
contingencies to be used if unanticipated higher concentrations or 
wider distributions of PCB remediation waste are found or other 
obstacles force changes in the cleanup approach.
    (E) A written certification, signed by the owner of the property 
where the cleanup site is located and the party conducting the cleanup, 
that all sampling plans, sample collection procedures, sample 
preparation

[[Page 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 self-
implementing 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 <ls-thn-eq>1 ppm without 
further conditions. High occupancy areas where bulk PCB remediation 
waste remains at concentrations >1 ppm and <ls-thn-eq>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 <ls-thn-eq>25 ppm unless 
otherwise specified in this paragraph.
    (2) Bulk PCB remediation wastes may remain at a cleanup site at 
concentrations >25 ppm and <ls-thn-eq>50 ppm if the site is secured by 
a fence and marked with a sign including the M<INF>L</INF> mark.
    (3) Bulk PCB remediation wastes may remain at a cleanup site at 
concentrations >25 ppm and <ls-thn-eq>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 <ls-thn-eq> 10 <greek-m>g/100 cm<SUP>2</SUP> of 
surface area. In low occupancy areas, the surface cleanup standard is 
<100 <greek-m>g/100 cm<SUP>2</SUP> 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 Sec. 761.79(b)(4) or Sec. 761.30(p).
    (iv) Liquids. In both high and low occupancy areas, cleanup levels 
are the concentrations specified in Sec. 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 Sec. 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 Secs. 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 Sec. 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 <gr-thn-eq>50 
ppm PCBs.

[[Page 35450]]

    (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 
<gr-thn-eq>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 Sec. 761.79 and return the waste to the cleanup site 
for disposal as long as the cleanup standards of paragraph (a)(4) of 
this section are met.
    (ii) Non-porous surfaces. PCB remediation waste non-porous surfaces 
shall be cleaned on-site or off-site for disposal on-site, disposal 
off-site, or use, as follows:
    (A) For on-site disposal, non-porous surfaces shall be cleaned on-
site or off-site to the levels in paragraph (a)(4)(ii) of this section 
using:
    (1) Procedures approved under Sec. 761.79.
    (2) Technologies approved under Sec. 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 <greek-m>g/100 cm<SUP>2</SUP> 
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 Sec. 761.79(c)(6)(i).
    (2) Having surface concentrations <gr-thn-eq>100 <greek-m>g/100 
cm<SUP>2</SUP> 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 Sec. 761.79(c)(6)(ii).
    (C) For use, non-porous surfaces shall be decontaminated on-site or 
off-site to the standards specified in Sec. 761.79(b)(3) or in 
accordance with Sec. 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 
Sec. 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 
Sec. 761.79(b)(1) or (b)(2).
    (B) Dispose of the waste in accordance with paragraph (b) of this 
section or an approval issued under paragraph (c) of this section.
    (v) Cleanup wastes. Any person generating the following wastes 
during and from the cleanup of PCB remediation waste shall dispose of 
or reuse them using one of the following methods:
    (A) Non-liquid cleaning materials and personal protective equipment 
waste at any concentration, including non-porous surfaces and other 
non-liquid materials such as rags, gloves, booties, other disposable 
personal protective equipment, and similar materials resulting from 
cleanup activities shall be 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 Secs. 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 Sec. 761.79(b) or (c).
    (B) Cleaning solvents, abrasives, and equipment may be reused after 
decontamination in accordance with Sec. 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 Sec. 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 Sec. 264.310(a) of this chapter, and ensure that it 
complies with the permeability, sieve, liquid limit, and plasticity 
index parameters in Sec. 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 
<gr-thn-eq>1 ppm PCB per Aroclor<SUP>TM</SUP> (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

[[Page 35451]]

restricted to use as a low occupancy area as defined in Sec. 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 
Sec. 761.125(c)(5).
    (b) Performance-based disposal. (1) Any person disposing of liquid 
PCB remediation waste shall do so according to Sec. 761.60(a) or (e), 
or decontaminate it in accordance with Sec. 761.79.
    (2) Any person disposing of non-liquid PCB remediation waste shall 
do so by one of the following methods:
    (i) Dispose of it in a high temperature incinerator approved under 
Sec. 761.70(b), an alternate disposal method approved under 
Sec. 761.60(e), a chemical waste landfill approved under Sec. 761.75, 
or in a facility with a coordinated approval issued under Sec. 761.77.
    (ii) Decontaminate it in accordance with Sec. 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 Sec. 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 
Sec. 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.


Sec. 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 Sec. 761.70.
    (2) In a chemical waste landfill approved under Sec. 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 Sec. 761.60(e).
    (5) In accordance with the decontamination provisions of 
Sec. 761.79.
    (6) For metal surfaces in contact with PCBs, in accordance with the 
thermal decontamination provisions of Sec. 761.79(c)(6).
    (7) In accordance with a TSCA PCB Coordinated Approval issued under 
Sec. 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 non-municipal 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 
<greek-m>g/L of water measured using a procedure used to simulate 
leachate generation.
    (2) Any person may dispose of PCB bulk product waste other than 
those materials meeting the conditions of paragraph (b)(1) of this 
section, (e.g., paper or felt gaskets contaminated by liquid PCBs in a 
facility that is permitted, licensed, or registered by a State to 
manage municipal solid waste subject to part 258 of this chapter or 
non-municipal non-hazardous waste subject to Secs. 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 
Sec. 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 <ls-thn-eq>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 
<greek-m>g/L PCBs.
    (ii) Any person disposing off-site of PCB bulk product waste 
regulated under paragraph (b)(2) of this section at a waste management 
facility not having a commercial PCB storage or disposal approval must 
provide written notice to the facility a minimum of 15 days in advance 
of the first shipment from the same disposal waste stream and with each 
shipment thereafter. The notice shall state that the PCB bulk product 
waste may include components containing PCBs at <gr-thn-eq>50 ppm based 
on

[[Page 35452]]

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 <gr-thn-eq>10 <greek-m>g/L PCBs.
    (5) Any person disposing of PCB bulk product waste must maintain a 
written record of all sampling and analysis of PCBs or notifications 
made under this paragraph for 3 years from the date of the waste's 
generation. The records must be made available to EPA upon request.
    (6) Requirements in subparts C 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 Sec. 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 waste-specific 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.


Sec. 761.63   PCB household waste storage and disposal.

    PCB household waste, as defined at Sec. 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 Sec. 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.


Sec. 761.64   Disposal of wastes generated as a result of research and 
development activities authorized under Sec. 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 
Sec. 761.30(j). This section also provides disposal requirements for 
wastes generated during the chemical analysis of samples containing 
PCBs under part 761, including Secs.  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 Sec. 761.61(a)(5)(iv).
    (2) Non-liquid wastes must be disposed of in the same manner as 
non-liquid cleaning materials and personal protective equipment waste 
according to Sec. 761.61(a)(5)(v)(A).
    n. In Sec. 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:


Sec. 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.

[[Page 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 Sec. 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 Sec. 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 Sec. 761.77.
    (vi) Has a TSCA PCB waste management approval, which includes 
provisions for storage, issued pursuant to Sec. 761.61(c) or 
Sec. 761.62(c).
    (c)(1)  *  *  *
    (iv) PCB containers containing liquid PCBs at concentrations of 
<gr-thn-eq>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 non-leaking containers. Any 
spilled or leaked materials shall be immediately cleaned up and the 
materials and residues containing PCBs shall be disposed of in 
accordance with Sec. 761.61. Records of inspections, maintenance, 
cleanup and disposal must be maintained in accordance with 
Sec. 761.180(a) and (b).
    (6) Except as provided in paragraphs (c)(6)(i) and (c)(6)(ii) of 
this section, any container used for the storage of liquid or non-
liquid PCB waste shall be in accordance with the requirements set forth 
in the DOT Hazardous Materials Regulations (HMR) at 49 CFR parts 171 
through 180. PCB waste not subject to the HMR (i.e., PCB wastes at 
concentrations of <20 ppm or <1 pound of PCBs regardless of 
concentration) must be packaged in accordance with Packaging Group III, 
unless other hazards associated with the PCB waste cause it to require 
packaging in accordance with Packaging Groups I or II. For purposes of 
describing PCB waste not subject to DOT's HMR on a manifest, one may 
use the term ``Non-DOT Regulated PCBs.''
    (i) Containers other than those meeting HMR performance standards 
may be used for storage of PCB/radioactive waste provided the following 
requirements are met:
    (A) Containers used for storage of liquid PCB/radioactive wastes 
must be non-leaking.
    (B) Containers used for storage of non-liquid PCB/ radioactive 
wastes must be designed to prevent the buildup of liquids if such 
containers are stored in an area meeting the containment requirements 
of paragraph (b)(1)(ii) of this section, as well as all other 
applicable State or Federal regulations or requirements for control of 
radioactive materials.
    (C) Containers used to store both liquid and non-liquid PCB/
radioactive wastes must meet all regulations and requirements 
pertaining to nuclear criticality safety. Acceptable container 
materials currently include polyethylene and stainless steel provided 
that the container material is chemically compatible with the wastes 
being stored. Other containers may be used to store both liquid and 
non-liquid PCB/radioactive wastes if the users are able to demonstrate, 
to the appropriate Regional Administrator and other appropriate 
regulatory authorities (i.e., Nuclear Regulatory Commission, Department 
of Energy or the Department

[[Page 35454]]

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 
Sec. 761.61(c).
    *    *    *    *    *
    (g)  *    *    *
    (7) The corporate guarantee as specified in Sec. 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 Secs. 761.71 and 761.72 to read as follows:


Sec. 761.71   High efficiency boilers.

    (a) To burn mineral oil dielectric fluid containing a PCB 
concentration of <gr-thn-eq>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 <ls-thn-eq>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 <ls-thn-eq>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,

[[Page 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 <gr-thn-eq>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 <ls-thn-eq>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 <ls-thn-eq>100 ppm and the 
excess oxygen is at least 3 percent when PCBs are being burned.
    (iv) The waste does not comprise more than 10 percent (on a volume 
basis) of the total fuel feed rate.
    (v) The waste is not fed into the boiler unless the boiler is 
operating at its normal operating temperature (this prohibits feeding 
these fluids during either start up or shut down operations).
    (vi) The owner or operator of the boiler must:
    (A) Continuously monitor and record the carbon monoxide 
concentration and excess oxygen percentage in the stack gas while 
burning waste fluid; or
    (B) If the boiler will burn <30,000 gallons of waste fluid per 
year, measure and record the carbon monoxide concentration and excess 
oxygen percentage in the stack gas at regular intervals of no longer 
than 60 minutes while burning waste fluid.
    (vii) The primary fuel feed rate, waste fluid feed rate, and total 
quantities of both primary fuel and waste fluid fed to the boiler must 
be measured and recorded at regular intervals of no longer than 15 
minutes while burning waste fluid.
    (viii) The carbon monoxide concentration and the excess oxygen 
percentage must be checked at least once every hour that the waste is 
burned. If either measurement falls below the levels specified in 
either (a)(1)(ii) or (a)(1)(iii) of this section, the flow of waste to 
the boiler shall be stopped immediately.
    (2) Prior to any person burning these liquids in the boiler, 
approval must be obtained from the EPA Regional Administrator for the 
EPA Region in which the boiler is located and any persons seeking such 
approval must submit to the EPA Regional Administrator a request 
containing at least the following information:
    (i) The name and address of the owner or operator of the boiler and 
the address of the boiler.
    (ii) The boiler rating in units of BTU/hour.
    (iii) The carbon monoxide concentration and the excess oxygen 
percentage in the stack of the boiler when it is operated in a manner 
similar to the manner in which it will be operated when low 
concentration PCB liquid is burned.
    (iv) The type of equipment, apparatus, and procedures to be used to 
control the feed of mineral oil dielectric fluid to the boiler and to 
monitor and record the carbon monoxide concentration and excess oxygen 
percentage in the stack.
    (v) The type of waste to be burned (e.g., hydraulic fluid, 
contaminated fuel oil, heat transfer fluid, etc.).
    (vi) The concentration of PCBs and of any other chlorinated 
hydrocarbon in the waste and the results of analyses using the American 
Society of Testing and Materials (ASTM) methods as follows: Carbon and 
hydrogen content using ASTM D-3178-84, nitrogen content using ASTM E-
258-67 (Reapproved 1987), sulfur content using ASTM D-2784-89, ASTM D-
1266-87, or ASTM D-129-64, chlorine content using ASTM D-808-87, water 
and sediment content using either ASTM D-2709-88 or ASTM D-1796-83 
(Reapproved 1990), ash content using ASTM D-482-87, calorific value 
using ASTM D-240-87, carbon residue using either ASTM D-2158-89 or ASTM 
D-524-88, and flash point using ASTM D-93-90.
    (vii) The quantity of wastes estimated to be burned in a 30-day 
period.
    (viii) An explanation of the procedures to be followed to ensure 
that burning the waste will not adversely affect the operation of the 
boiler such that combustion efficiency will decrease.
    (3) On the basis of the information in paragraph (b)(2) of this 
section and any other available information, the Regional Administrator 
may, at his/her discretion, find that the alternate disposal method 
will not present an unreasonable risk of injury to health or the 
environment and approve the use of the boiler.
    (4) When burning PCB wastes, the boiler must operate at a level of 
output no less than the output at which the measurements required under 
paragraph (b)(2)(iii) of this section were taken.
    (5) Any person burning liquids in boilers approved as provided in 
paragraph (b)(3) of this section, must obtain the following information 
and retain the information for 5 years at the boiler location:
    (i) The data required to be collected in paragraphs (b)(1)(vi) and 
(b)(1)(vii) of this section.
    (ii) The quantity of low concentration PCB liquid burned in the 
boiler each month.
    (iii) The analysis of the waste required by paragraph (b)(2)(vi) of 
this section taken once a month for each month during which low 
concentration PCB liquid is burned in the boiler.


Sec. 761.72   Scrap metal recovery ovens and smelters.

    Any person may dispose of residual PCBs associated with PCB-
Contaminated articles regulated for

[[Page 35456]]

disposal under Sec. 761.60(b), metal surfaces in PCB remediation waste 
regulated under Sec. 761.61, or metal surfaces in PCB bulk product 
waste regulated under Secs. 761.62(a)(6) and 761.79(c)(6), from which 
all free-flowing liquids have been removed:
    (a) In a scrap metal recovery oven:
    (1) The oven shall have at least two enclosed (i.e., negative 
draft, no fugitive emissions) interconnected chambers.
    (2) The equipment with all free-flowing liquid removed shall first 
be placed in the primary chamber at room temperature.
    (3) The primary chamber shall operate at a temperature between 537 
deg.C and 650  deg.C for a minimum of 2\1/2\ hours and reach a minimum 
temperature of 650  deg.C (1,202  deg.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  deg.C (2,192  deg.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 Sec. 761.70(a)(2).
    (5) Heating of the primary chamber shall not commence until the 
secondary chamber has reached a temperature of 1,200 <plus-minus> 100 
deg.C (2,192  deg. <plus-minus> 180  deg.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 
deg.C at the time it is charged with any PCB-Contaminated non-porous 
surface.
    (2) Each charge containing a PCB-Contaminated item must be added 
into molten metal or a hearth at <gr-thn-eq>1,000  deg.C.
    (3) Successive charges may not be introduced into the hearth in 
less than 15-minute intervals.
    (4) The smelter must operate in compliance with any applicable 
emissions standards in part 60 of this chapter.
    (5) The smelter must have an operational device which accurately 
measures directly or indirectly, the temperature in the hearth.
    (6) Take, record and retain at the disposal facility for 3 years 
from the date each charge is introduced, a reading of the temperature 
in the hearth at the time it is charged with a non-porous surface item.
    (c)(1) Scrap metal recovery ovens and smelters must either have a 
final permit under RCRA (part 266, subpart H of this chapter and 
Sec. 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 site-specific risk assessment, that the oven or 
smelter does not pose an unreasonable risk of injury to health or the 
environment because it is operating in compliance with the parameters 
and conditions listed in 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 Sec. 761.20(e), or PCB remediation 
waste, other than PCB-Contaminated articles, may not be disposed of in 
a scrap metal recovery oven or smelter unless approved or otherwise 
allowed under subpart D of this part.

Sec. 761.75 [Amended]

    p. In Sec. 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 Sec. 761.77 to read as follows:


Sec. 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

[[Page 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 non-TSCA approval 
meets the regulatory requirements under TSCA as written, or require 
additional conditions the EPA Regional Administrator has determined are 
necessary to prevent unreasonable risk of injury to health or the 
environment.
    (C) If the EPA Regional Administrator denies a request for a 
Coordinated Approval under paragraphs (a)(1)(ii)(A) or (a)(1)(ii)(B) of 
this section, the person who requested the TSCA PCB Coordinated 
Approval may submit an application for a TSCA Disposal Approval.
    (2) The EPA Regional Administrator may issue a notice of 
deficiency, revoke the TSCA PCB Coordinated Approval, require the 
person to whom the TSCA PCB Coordinated Approval was issued to submit 
an application for a TSCA PCB approval, or bring an enforcement action 
under TSCA if he or she determines that:
    (i) Conditions of the approval relating to PCB waste management 
activities are not met.
    (ii) The PCB waste management process is being operated in a manner 
which may result in an unreasonable risk of injury to health or the 
environment.
    (iii) The non-TSCA approval expires, is revoked, is suspended, or 
otherwise ceases to be in full effect.
    (3) Any person with a TSCA PCB Coordinated Approval must notify the 
EPA Regional Administrator in writing within 5 calendar days of changes 
relating to PCB waste requirements in the non-TSCA waste management 
document which serves as the basis for a TSCA PCB Coordinated Approval. 
Changes in the ownership of a commercial storage facility which holds a 
TSCA PCB Coordinated Approval shall be handled pursuant to 
Sec. 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 Sec. 761.70 or a high 
efficiency boiler operating in compliance with Sec. 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 Sec. 761.75(b); Sec. 761.70(a)(1) 
through (a)(9), (b)(1) and (b)(2), and (c); or the PCB storage 
requirements at Secs. 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 Sec. 761.79 to read as follows:


Sec. 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 Sec. 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 Sec. 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.

[[Page 35458]]

    (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 <greek-m>g/L (i.e., <200 ppb PCBs) for non-
contact use in a closed system where there are no releases;
    (ii) For water discharged to a treatment works (as defined in 
Sec. 503.9(aa) of this chapter) or to navigable waters, <3 <greek-m>g/L 
(approximately <3 ppb) or a PCB discharge limit included in a permit 
issued under section 307(b) or 402 of the Clean Water Act; or
    (iii) Less than or equal to 0.5 <greek-m>g/L (i.e., approximately 
<ls-thn-eq>0.5 ppb PCBs) for unrestricted use.
    (2) The decontamination standard for organic liquids and non-
aqueous inorganic liquids containing PCBs is <2 milligrams per kilogram 
(i.e., <2 ppm PCBs).
    (3) The decontamination standard for non-porous surfaces in contact 
with liquid and non-liquid PCBs is:
    (i) For unrestricted use:
    (A) For non-porous surfaces previously in contact with liquid PCBs 
at any concentration, where no free-flowing liquids are currently 
present, <ls-thn-eq>10 micrograms PCBs per 100 square centimeters 
(<ls-thn-eq>10 <greek-m>g/100 cm<SUP>2</SUP>) as measured by a standard 
wipe test (Sec. 761.123) at locations selected in accordance with 
subpart P of this part.
    (B) For non-porous surfaces in contact with non-liquid PCBs 
(including non-porous surfaces covered with a porous surface, such as 
paint or coating on metal), cleaning to Visual Standard No. 2, Near-
White Blast Cleaned Surface Finish, of the National Association of 
Corrosion Engineers (NACE). A person shall verify compliance with 
standard No. 2 by visually inspecting all cleaned areas.
    (ii) For disposal in a smelter operating in accordance with 
Sec. 761.72(b):
    (A) For non-porous surfaces previously in contact with liquid PCBs 
at any concentration, where no free-flowing liquids are currently 
present, <100 <greek-m>g/100 cm<SUP>2</SUP> as measured by a standard 
wipe test (Sec. 761.123) at locations selected in accordance with 
subpart P of this part.
    (B) For non-porous surfaces in contact with non-liquid PCBs 
(including non-porous surfaces covered with a porous surface, such as 
paint or coating on metal), cleaning to Visual Standard No. 3, 
Commercial Blast Cleaned Surface Finish, of the National Association of 
Corrosion Engineers (NACE). A person shall verify compliance with 
standard No. 3 by visually inspecting all cleaned areas.
    (4) The decontamination standard for concrete is <ls-thn-eq>10 
<greek-m>g/100 cm<SUP>2</SUP> as measured by a standard wipe test 
(Sec. 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 
free-flowing mineral oil dielectric fluid (MODEF) at levels 
<ls-thn-eq>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 cm<SUP>2</SUP> of contaminated or potentially 
contaminated surface for at least 15 hours at <gr-thn-eq>20  deg.C.
    (iv) Approved PODFs include:
    (A) Kerosene.
    (B) Diesel fuel.
    (C) Terpene hydrocarbons.
    (D) Mixtures of terpene hydrocarbons and terpene alcohols.
    (v) Drain the PODF from the surfaces.
    (vi) Dispose of the drained PODF in accordance with paragraph (g) 
of this section.
    (4) Any person decontaminating a non-porous surface in contact with 
free-flowing MODEF containing >10,000 ppm PCB in MODEF or askarel PCB 
(up to 70 percent PCB in a mixture of trichlorobenzenes and 
tetrachlorobenzenes) must do so as follows:
    (i) Drain the free-flowing MODEF or askarel and allow the residual 
surfaces to drain for an additional 15 hours.
    (ii) Dispose of drained MODEF or askarel according to paragraph (g) 
of this section.
    (iii) Soak the surfaces to be decontaminated in a sufficient amount 
of clean PODF (containing <2 ppm PCBs) such that there is a minimum of 
800 ml of PODF for each 100 cm<SUP>2</SUP> of contaminated or 
potentially contaminated surface for at least 15 hours at <gr-thn-eq>20 
 deg.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 cm<SUP>2</SUP> of surface for at least 15 hours at 
<gr-thn-eq>20  deg.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:

[[Page 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 Sec. 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 Sec. 761.72.
    (ii) Surfaces in contact with liquid or non-liquid PCBs at 
concentrations <gr-thn-eq>500 ppm may be smelted in an industrial 
furnace operating in accordance with Sec. 761.72(b), but must first be 
decontaminated in accordance with Sec. 761.72(a) or to a surface 
concentration of <100 <greek-m>g/100 cm<SUP>2</SUP>.
    (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 
Secs.  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 Sec. 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 Sec. 761.20(e), 
disposed of in accordance with Sec. 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 Sec. 761.70, or decontaminated 
pursuant to this section.
    (5) Solvents <gr-thn-eq>50 ppm other than those described in 
paragraphs (g)(3) and (g)(4) of this section shall be disposed of in 
accordance with Sec. 761.60(a) or decontaminated pursuant to this 
section.
    (6) Non-liquid cleaning materials and personal protective equipment 
waste at any concentration, including non-porous surfaces and other 
non-liquid materials such as rags, gloves, booties, other disposable 
personal protective equipment, and similar materials resulting from 
decontamination shall be disposed of in accordance with 
Sec. 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 self-implementing procedure other 
than prescribed in paragraph (c) of this section must apply in writing 
to the EPA Regional Administrator in the Region where the activity 
would take

[[Page 35460]]

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 Sec. 761.80, by adding paragraphs (e) and (i) to read as 
follows:


Sec. 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 Sec. 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 Sec. 761.60(e), Sec. 761.60(i)(2), Sec. 761.70(a), or 
Sec. 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 Sec. 761.60(j)(1)(vi), or decontaminated 
pursuant to Sec. 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 Secs. 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 
Sec. 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 Sec. 761.93 to read as follows:


Sec. 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 Sec. 761.97(a)(1) and (a)(2) to read as follows:


Sec. 761.97   Export for disposal.

    (a)  *    *    *
    (1) PCBs and PCB Items at concentrations <50 ppm (or <10 <greek-m>g 
PCB/100 cm<SUP>2</SUP> 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 <gr-thn-eq>50 ppm.
    *    *    *    *    *
    v. By adding Sec. 761.99 to subpart F to read as follows:

[[Page 35461]]

Sec. 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 ``Sec. 761.60'' to read 
``subpart D of this part'', to read as follows:


Sec. 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).  *  *  *
    *    *    *    *    *

Sec. 761.180 [Amended]

    x. In Sec. 761.180:
    i. By revising the phrase in paragraph (e)(1) to 
``Sec. 761.60(a)(2)(iii)(A)(8) and Sec. 761.60(a)(3)(iii)(A)(8)'' to 
read ``Sec. 761.71(a)(1)(viii) and Sec. 761.71(b)(1)(viii)''.
    ii. By revising the phrase in paragraph (e)(2) to 
``Sec. 761.60(a)(2)(iii)(A)(7) and Sec. 761.60(a)(3)(iii)(A)(7)'' to 
read ``Sec. 761.71(a)(1)(vii) and Sec. 761.71(b)(1)(vii)''.
    iii. By revising the reference in paragraph (e)(3) to 
``Sec. 761.60(a)(3)(iii)(B)(6)'' to read ``Sec. 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:


Sec. 761.180   Records and monitoring.

    *    *    *    *    *
    (a)  *  *  *
    (1)  *  *  *
    (iii) Records of inspections and cleanups performed in accordance 
with Sec. 761.65(c)(5).
    (2)  *  *  *
    (ix) Whenever a PCB Item, excluding small capacitors, with a 
concentration of <gr-thn-eq>50 ppm is distributed in commerce for reuse 
pursuant to Sec. 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 Sec. 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 Sec. 761.205, by adding paragraph (f) to read as follows:


Sec. 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 Sec. 761.207, by revising paragraph (j) to read as follows:


Sec. 761.207   The manifest--general requirements.

    *    *    *    *    *
    (j) The requirements of this section apply only to PCB wastes as 
defined in Sec. 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 Sec. 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 <gr-thn-eq>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 
Sec. 761.79.
    aa. In Sec. 761.215, by revising the introductory text of 
paragraphs (b), (c), and (d), and adding paragraph (f) to read as 
follows:


Sec. 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

[[Page 35462]]

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 Sec. 761.65(a)(1) is also exempt 
from the exception reporting requirements of paragraphs (c), (d), and 
(e) of this section.
    bb. In Sec. 761.218, by revising paragraph (b) to read as follows:


Sec. 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 Sec. 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 Sec. 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 Sec. 761.61(a)(6) and 
Determination under Sec. 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, Non-Metal PCB Bulk Product Waste for 
Purposes of Characterization for PCB Disposal in Accordance With 
Sec. 761.62, and Sampling PCB Remediation Waste Destined for Off-Site 
Disposal, in Accordance With Sec. 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 Sec. 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


Sec. 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 Sec. 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.


Sec. 761.243   Standard wipe sample method and size.

    (a) Collect a surface sample from a natural gas pipe segment or 
pipeline

[[Page 35463]]

section using a standard wipe test as defined in Sec. 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 
cm<SUP>2</SUP> at each sampling site selected. The EPA Regional 
Administrator may approve, in writing, requests to collect a sample 
from smaller surface areas, when <100 cm<SUP>2</SUP> 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 
cm<SUP>2</SUP> for purposes of comparison to standards based on 100 
cm<SUP>2</SUP>.


Sec. 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 free-flowing liquids in the pipe 
segment. Free-flowing liquids must be removed prior to sampling.
    (b) Selecting pipe segments to sample. Select the pipe segment(s) 
that you will sample from a length of pipe or group of pipe segments, 
as follows:
    (1) Do not sample a pipe segment that is longer than 12.2 meters 
(40 feet). If a segment is longer than 12.2 meters in length, cut the 
segment so that all resulting segments are 12.2 meters or less in 
length.
    (2) Determine which pipe segments to sample as follows:
    (i) When a length of pipe having seven or fewer segments is removed 
for purposes of disposal, sample each pipe segment.
    (ii) When removing a length of pipe having multiple contiguous 
segments less than 3 miles in total length, take samples from a total 
of seven segments.
    (A) Sample the first and last segments removed.
    (B) Select the five additional segments according to one of the two 
following procedures:
    (1) Assign all segments a unique sequential number. Then select 
five numbers using a random number table or random number generator. If 
the random number generator or random number table produces either the 
first pipe segment, the last pipe segment, or any previously selected 
segment, select another random number until there are seven different 
numbers, each corresponding to a different pipe segment.
    (2) Divide the total number of segments by six. Round the resulting 
quotient off to the nearest whole number. The resulting number is the 
interval between the segments you will sample. For example, cut a 2.9 
mile 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 non-porous surface.
    (5) If there is not a non-porous surface accessible by paragraphs 
(c)(2) and (c)(3) of this section, use one of the following three 
options:
    (i) Sample the downstream end of the pipe segment using the same 
sample site location procedure as for the upstream end.
    (ii) Select another pipe segment using the random selection 
procedure described in paragraph (b) of this section.
    (iii) If there is no other 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 <gr-thn-eq>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.


Sec. 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 Sec. 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 Sec. 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.

[[Page 35464]]

    (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.


Sec. 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 <greek-m>g/100 cm<SUP>2</SUP> 
(16 square inches) of surface sampled. If sampling an area smaller than 
100 cm<SUP>2</SUP>, report converted sample concentrations in 
accordance with Sec. 761.243(b).


Sec. 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 
Sec. 761.60(b)(5)(ii)(A)(1) or abandonment under 
Sec. 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 <greek-m>g/100 
cm<SUP>2</SUP>, but <100 <greek-m>g/100 cm<SUP>2</SUP>, then that 
segment or section is PCB-Contaminated.

Subpart N--Cleanup Site Characterization Sampling for PCB 
Remediation Waste in Accordance with Sec. 761.61(a)(2)


Sec. 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 
Sec. 761.61(a)(2).


Sec. 761.265   Sampling bulk PCB remediation waste and porous surfaces.

    (a) Use a grid interval of 3 meters and the procedures in 
Secs. 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 cm<SUP>3</SUP> 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 
cm<SUP>3</SUP> 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.


Sec. 761.267   Sampling non-porous surfaces.

    (a) Sample large, nearly flat, non-porous surfaces by dividing the 
surface into roughly square portions approximately 2 meters on each 
side. Follow the procedures in Sec. 761.302(a).
    (b) It is not necessary to sample small or irregularly shaped 
surfaces.


Sec. 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 Sec. 761.265.


Sec. 761.272   Chemical extraction and analysis of samples.

    Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-
846, Test Methods for Evaluating Solid Waste, or a method validated 
under subpart Q of this part, for chemical

[[Page 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.


Sec. 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 <greek-m>g/100 cm<SUP>2</SUP>. 
Divide 100 cm<SUP>2</SUP> 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 cm<SUP>2</SUP>.
    (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 Sec. 761.61(a)(6)


Sec. 761.280   Application and scope.

    Follow the procedures in this subpart when sampling to verify 
completion of the cleanup for self-implementing, on-site disposal of 
bulk PCB remediation waste and porous surfaces consistent with the 
levels of Sec. 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 Sec. 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.


Sec. 761.283   Determination of the number of samples to collect and 
sample collection locations.

    This section addresses how to determine the number of samples to 
collect and sample collection locations for bulk PCB remediation waste 
and porous surfaces destined to remain at a cleanup site after cleanup.
    (a) Minimum number of samples. (1) At each separate cleanup site at 
a PCB remediation waste location, take a minimum of three samples for 
each type of bulk PCB remediation waste or porous surface at the 
cleanup site, regardless of the amount of each type of waste that is 
present. There is no upper limit to the number of samples required or 
allowed.
    (2) This is an example of how to calculate the minimum number of 
required samples at a PCB remediation waste location. There are three 
distinct cleanup sites at this example location: a loading dock, a 
transformer storage lot, and a disposal pit. The minimum number of 
samples to take appears in parentheses after each type of waste for 
each cleanup site. The PCB remediation wastes present at the loading 
dock are concrete (three samples) and clay soil (three samples). The 
non-liquid PCB remediation wastes present at the transformer storage 
lot are oily soil (three samples), clay soil (three samples) and gravel 
(three samples). The PCB remediation wastes present at the disposal pit 
are sandy soil (three samples), clay soil (three samples), oily soil 
(three samples), industrial sludge (three samples), and gravel (three 
samples).
    (b) Selection of sample locations--general. (1)(i) Use a square-
based grid system to overlay the entire area to be sampled. Orient the 
grid axes on a magnetic north-south line centered in the area and an 
east-west axis perpendicular to the magnetic north-south axis also 
centered in the area.
    (ii) If the site is recleaned based on the results of cleanup 
verification conducted in accordance with Sec. 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 Sec. 761.289. So long 
as every sample collected at a grid point is analyzed as either an 
individual sample or as part of a composite sample, there are no other 
restrictions on how many samples are analyzed.
    (c) Selection of sample locations--small cleanup sites. When a 
cleanup site is sufficiently small or irregularly shaped that a square 
grid with a grid interval of 1.5 meters will not result in a minimum of 
three sampling points for each type of bulk PCB remediation waste or 
porous surface at the cleanup site, there are two options.
    (1) Use a smaller square grid interval and the procedures in 
paragraph (b) of this section.
    (2) Use the following coordinate-based random sampling scheme. If 
the site is recleaned based on the results of cleanup verification 
conducted in accordance with Sec. 761.61(a)(6), follow the procedures 
in this section for locating sampling points after the recleaning, but 
select three new pairs of sampling coordinates.
    (i) Beginning in the southwest corner (lower left when facing 
magnetic north) of the area to be sampled, measure in centimeters (or 
inches) the maximum magnetic north-south dimension of the area to be 
sampled. Next, beginning in the southwest corner, measure in 
centimeters (or inches) the maximum magnetic east-west dimension of the 
area to be sampled. Designate the north-south and east-west dimensions 
(describing the west and south boundaries, respectively, of the area to 
be sampled), as the reference axes of a square-based grid system.
    (ii) Use a random number table or random number generator to select 
a pair of coordinates that will locate the sample within the area to be 
sampled. The first coordinate in the pair is the measurement on the 
north-south axis. The second coordinate in the pair is the measurement 
on the east-west axis. Collect the sample at the intersection of an 
east-west line drawn through the measured spot on the north-south axis, 
and a north-south line drawn through the measured spot on the east-west 
axis. If the cleanup site is irregularly shaped and this intersection 
falls outside the cleanup site, select a new pair of sampling 
coordinates. Continue to select pairs of sampling coordinates until 
three are selected for each type of bulk PCB remediation waste or 
porous surface at the cleanup site.
    (d) Area of inference. Analytical results for an individual sample 
point apply to the sample point and to an area of inference extending 
to four imaginary lines parallel to the grid axes and one half grid 
interval distant from the sample point in four different directions. 
The area of inference forms a square around the sample point. The sides 
of the square are parallel to the grid axes and one grid interval in 
length. The sample point is in the center of the square area of 
inference. The area of inference from a composite sample is the total 
of the areas of the individual samples included in the composite.

[[Page 35466]]

Sec. 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 
Sec. 761.61(a)(4). Use a core sampler having a diameter <gr-thn-eq>2 cm 
and <ls-thn-eq>3 cm. Collect waste to a maximum depth of 7.5 cms.


Sec. 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 
Sec. 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 
Sec. 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 Sec. 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 
Sec. 761.61(a)(4).
    (b)(1) Compositing from samples collected at grid points in 
accordance with Sec. 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 Sec. 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.


Sec. 761.292   Chemical extraction and analysis of individual samples 
and composite samples.

    Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-
846, Test Methods for Evaluating Solid Waste, or a method validated 
under subpart Q of this part, for chemical extraction of PCBs from 
individual and composite samples of PCB remediation waste. Use Method 
8082 from SW-846, or a method validated under subpart Q of this part, 
to analyze these extracts for PCBs.


Sec. 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.


Sec. 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 
Sec. 761.283(d).

[[Page 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 Sec. 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 Secs. 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 Sec. 761.61(a)(6) and 
Decontamination under Sec. 761.79(b)(3)


Sec. 761.300   Applicability.

    This subpart provides sample site selection procedures for large, 
nearly flat non-porous surfaces, and for small or irregularly shaped 
non-porous surfaces. This subpart also provides procedures for 
analyzing the samples and interpreting the results of the sampling. Any 
person verifying completion of self-implementing cleanup and on-site 
disposal of non-porous surfaces under Sec. 761.61(a)(6), or verifying 
that decontamination standards under Sec. 761.79(b)(3) are met, must 
use these procedures.


Sec. 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 Sec. 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 Sec. 761.308 with the exception that the 
maximum area in Sec. 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.


Sec. 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 Sec. 761.306 or 
Sec. 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 Sec. 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 Secs. 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.


Sec. 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 cm<SUP>2</SUP> and smaller than 200 cm<SUP>2</SUP>.
    (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

[[Page 35468]]

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 cm<SUP>2</SUP>) would be less than the 
required 100 cm<SUP>2</SUP> 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.


Sec. 761.308   Sample selection by random number generation on any two-
dimensional square grid.

    (a) Divide the surface area of the non-porous surface into 
rectangular or square areas having a maximum area of 1 square meter and 
a minimum dimension of 10 centimeters.
    (b) Measure the length and width, in centimeters, of each area 
created in paragraph (a) of this section. Round off the number of 
centimeters in the length and the width measurements to the nearest 
centimeter.
    (c) For each 1 square meter area created in accordance with 
paragraph (a) of this section, select two random numbers: one each for 
the length and width borders measured in paragraph (b) of this section. 
An eligible random number can be from zero up to the total width, minus 
10 centimeters.
    (d) Locate the 10 centimeter by 10 centimeter sample.
    (1) Orient the 1 square meter surface area so that, when you are 
facing the area, the length is left to right and the width is top to 
bottom. The origin, or reference point for measuring selected random 
numbers of centimeters to the sampling area, is on the lower left 
corner when facing the surface.
    (2) Mark the random number selected for the length distance, in 
centimeters, from the origin to the right (at the bottom of the area 
away from the origin).
    (3) From the marked length distance on the bottom of the area, move 
perpendicularly up from the bottom of the area into the area for the 
distance randomly selected for the width.
    (4) Use the point determined in paragraph (d)(3) of this section as 
the lower left corner of the 10 centimeter by 10 centimeter sample.


Sec. 761.310   Collecting the sample.

    Use the standard wipe test as defined in Sec. 761.123 to sample one 
10 centimeter by 10 centimeter square (100 cm<SUP>2</SUP>) 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.


Sec. 761.312   Compositing of samples.

    For a surface originally contaminated by a single source of PCBs 
with a uniform concentration, it is permissible to composite surface 
wipe test samples and to use the composite measurement to represent the 
PCB concentration of the entire surface. Composite samples consist of 
more than one sample gauze extracted and chemically analyzed together 
resulting in a single measurement. The composite measurement represents 
an arithmetic mean of the composited samples.
    (a) Compositing samples from surfaces to be used or reused. For 
small or irregularly shaped surfaces or large nearly flat surfaces, if 
the surfaces are contaminated by a single source of PCBs with a uniform 
concentration, composite a maximum of three adjacent samples.
    (b) Compositing samples from surfaces to be disposed of off-site or 
on-site. (1) For small or irregularly shaped surfaces, composite a 
maximum of three adjacent samples.
    (2) For large nearly flat surfaces, composite a maximum of 10 
adjacent samples.


Sec. 761.314   Chemical analysis of standard wipe test samples.

    Perform the chemical analysis of standard wipe test samples in 
accordance with Sec. 761.272. Report sample results in micrograms per 
100 cm<SUP>2</SUP>.


Sec. 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 <greek-m>g/100 cm<SUP>2</SUP>, then the 
entire 9.5 square meters has a PCB surface concentration of 20 
<greek-m>g/100 cm<SUP>2</SUP>, 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 cm<SUP>2</SUP> 
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 cm<SUP>2</SUP>.

Subpart Q--Self-Implementing Alternative Extraction and Chemical 
Analysis Procedures for Non-liquid PCB Remediation Waste Samples


Sec. 761.320   Applicability.

    This subpart describes self-implementing comparison testing 
requirements for chemical extraction and chemical analysis methods used 
as an alternative to the methods required in Secs. 761.272 or 761.292. 
Any person conducting comparison testing under this subpart must comply 
with the requirements of Sec. 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.


Sec. 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

[[Page 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 co-disposed with chlorobenzene solvents or chlorinated 
pesticides. These chlorinated compounds would have to be present in the 
comparison study compounds at the same levels found, or at the highest 
levels expected to be found, in the PCB remediation waste. As another 
example, for PCB remediation waste which had been solvent washed with 
liquid amines to remove PCBs, comparison study samples would have to 
contain concentrations of these amines at the same levels found, or at 
the highest levels expected to be found, in the PCB remediation waste.
    (b) Prior to initiating the comparison study, confirm the following 
PCB concentrations in the comparison study samples using the methods 
specified in Sec. 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 
Sec. 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 <gr-thn-eq>90 percent and <ls-thn-eq>100 percent of the 
cleanup level.
    (3) At least one comparison study sample must have a PCB 
concentration <gr-thn-eq>100 percent and <ls-thn-eq>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.


Sec. 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 
Sec. 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 
Sec. 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 Sec. 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 Sec. 761.292, are found by the 
alternative method to have PCBs less than the level of concern (there 
are no additional false positives).

Subpart R--Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste 
for Purposes of Characterization for PCB Disposal in Accordance 
With Sec. 761.62, and Sampling PCB Remediation Waste Destined for 
Off-Site Disposal, in Accordance With Sec. 761.61


Sec. 761.340   Applicability.

    Use the procedures specified in this subpart to sample the 
following types of waste when it is necessary to analyze the waste to 
determine PCB concentration or leaching characteristics for storage or 
disposal.
    (a) Existing accumulations of non-liquid, non-metal PCB bulk 
product waste.
    (b) Non-liquid, non-metal PCB bulk product waste from processes 
that continuously generate new waste.
    (c) Non-liquid PCB remediation waste from processes that 
continuously generate new waste, that will be sent off-site for 
disposal.


Sec. 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.


Sec. 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 Sec. 761.347. Collection procedures for the first level of 
sampling from a contemporaneous generation of waste are in 
Sec. 761.348. Compositing requirements and requirements for the 
subsampling of composite samples to result in a single 19-liter sample 
are in Sec. 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 Sec. 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 Sec. 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 Sec. 761.355.


Sec. 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 Sec. 761.348, or obtain the approval 
of the Regional Administrator for an alternate sampling plan in 
accordance with Sec. 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).

[[Page 35470]]

    (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 <gr-thn-eq>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 cm<SUP>2</SUP>) 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 
Sec. 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.

[[Page 35471]]

    (d) Compositing the samples. Composite the eight 19-liter samples 
and subsample in accordance with Sec. 761.350. Send the subsample to a 
laboratory for further sampling as described in Secs. 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.


Sec. 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 Sec. 761.350.


Sec. 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 Sec. 761.353.


Sec. 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 Sec. 761.347 or 
Sec. 761.348 and subsampled according to Sec. 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  deg.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.


Sec. 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 Sec. 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  deg.C and

[[Page 35472]]

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 (Sec. 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.


Sec. 761.356   Conducting a leach test.

    No method is specified as a procedure used to simulate leachate 
generation.


Sec. 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.


Sec. 761.358   Determining the PCB concentration of samples of waste.

    Use either Method 3500B/3540C or Method 3500B/3550B from EPA's SW-
846, Test Methods for Evaluating Solid Waste, or a method validated 
under subpart Q of this part, for chemical extraction of PCBs from 
individual and composite samples of PCB bulk product waste. Use Method 
8082 from SW-846, or a method validated under subpart Q of this part, 
to analyze these extracts for PCBs.


Sec. 761.359 Reporting the PCB concentrations in samples.

    Report all sample concentrations as ppm by weight on a dry weight 
basis.

Subpart S--Double Wash/Rinse Method for Decontaminating Non-Porous 
Surfaces


Sec. 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.


Sec. 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 Sec. 761.372), or whether the surface was coated or 
covered with dust, dirt, grime, grease or another absorbent material 
(see Sec. 761.375).


Sec. 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 <gr-thn-eq>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.


Sec. 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.


Sec. 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 
cm<SUP>2</SUP> (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 cm<SUP>2</SUP> (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.


Sec. 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 cm<SUP>2</SUP> 
(1 square foot) is washed for 1 minute. Wipe smooth surfaces with a 
cleaning solution-soaked disposable absorbent pad such that each 900 
cm<SUP>2</SUP> (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 Sec. 761.372(a).
    (d) Second rinse. Follow the procedure in Sec. 761.372(b).


Sec. 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 
Sec. 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 
Sec. 761.30(u). Store solvents and equipment for reuse in accordance 
with Sec. 761.35.
    (c) Disposal. Dispose of all solvents, cleaners, and absorbent 
materials in accordance with Sec. 761.79(g). Dispose of equipment in 
accordance with Sec. 761.61(a)(5)(v)(A), or decontaminate in accordance 
with Sec. 761.79(b) or (c). Store

[[Page 35473]]

for disposal equipment, solvents, cleaners, and absorbent materials in 
accordance with Sec. 761.65.

Subpart T--Comparison Study for Validating a New Performance-Based 
Decontamination Solvent under Sec. 761.79(d)(4)


Sec. 761.380   Background.

    This subpart provides self-implementing criteria for validating the 
conditions for use in performance-based decontamination of solvents 
other than those listed in Sec. 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.


Sec. 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 
Sec. 761.79(c)(3) and (c)(4), except that the procedures described in 
Sec. 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.


Sec. 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 <gr-thn-eq>15  deg.C 
to <ls-thn-eq>30  deg.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 cm<SUP>2</SUP> on each individual surface in the 
validation study. Measure surface concentrations using the standard 
wipe test, as defined in Sec. 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.


Sec. 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 
Sec. 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 Sec. 761.386(a) through (f), and 
paragraphs (a) through (c) of this section. Do not use a larger 
surface-area-to-solvent-volumes ratio or different kind of solvent 
based on the results of the validation study.
    (b) Except for the minimum soak time of 1 hour (as required in 
Sec. 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 Sec. 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 Sec. 761.386(a) through (f), and paragraphs (a) 
through (c) of this section are used.


Sec. 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 <greek-m>g/100 cm<SUP>2</SUP> 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 <gr-thn-eq>20 
<greek-m>g/100 cm<SUP>2</SUP>.
    (2) To validate a procedure to decontaminate a specified surface

[[Page 35474]]

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 
<gr-thn-eq>20 <greek-m>g/100 cm<SUP>2</SUP>.
    (b) [Reserved]


Sec. 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 <greek-m>g/100 cm<SUP>2</SUP>.
    (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 cm<SUP>2</SUP> of surface 
sampled.
    (c) Following completion of the validation study, measurements from 
the contaminated surfaces must have an arithmetic mean of <ls-thn-eq>10 
<greek-m>g/100 cm<SUP>2</SUP>. If the arithmetic mean is >10 
<greek-m>g/100 cm<SUP>2</SUP>, then the validation study failed and the 
solvent may not be used for decontamination under Sec. 761.79(d)(4) 
according to the parameters tested.


Sec. 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 
Sec. 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]
BILLING CODE 6560-50-F


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