[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30228-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14859]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 1, 40, 63, 260, 261, 262, 266, 271, 750 and 761

[FRL 8911-7]


Reorganization and Name Change for the Office of Solid Waste 
(OSW) Within the Office of Solid Waste and Emergency Response

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On January 18, 2009, the Office of Solid Waste (OSW) was 
reorganized and changed its name to the Office of Resource Conservation 
and Recovery (ORCR). The name change reflects the breadth of the 
responsibilities/authorities that Congress provided to EPA under the 
Resource Conservation and Recovery Act (RCRA), the primary authorizing 
statute. ORCR has three divisions, which consolidate the operations of 
the six divisions under the OSW structure. This reorganization will 
create a more efficient structure, consistent with current program 
priorities and resource levels, and will enable EPA to better serve the 
needs of the public and its key stakeholders over the next 5-10 years. 
EPA has increased focus on resource conservation and materials 
management; it is expected that focus on this important aspect of the 
RCRA program will continue, while maintaining a strong waste management 
regulatory and implementation program. EPA is taking final action to 
amend the Code of Federal Regulations (CFR) to reflect the 
reorganization and name change of the Office of Solid Waste.

DATES: This rule is effective on June 25, 2009.

FOR FURTHER INFORMATION CONTACT: Kathy Bruneske, Office of Resource 
Conservation and Recovery (ORCR), U.S. Environmental Protection Agency, 
Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460-0002; telephone (703) 308-0096; fax

[[Page 30229]]

number (703) 308-7904; e-mail address <a href="/cdn-cgi/l/email-protection#e2a090978c87918987cc8983968a9ba2879283cc858d94"><span class="__cf_email__" data-cfemail="561424233833253d33783d37223e2f1633263778313920">[email protected]</span></a>. For more 
information regarding this rule, please visit http://www.epa.gov/epawaste/basicinfo.htm.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general, and has 
particular applicability to anyone who wants to communicate with the 
new Office of Resource Conservation and Recovery, or to submit 
information to the Office. Because this action may apply to everyone, 
the Agency has not attempted to describe all the specific entities that 
may be affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of This 
Document or Other Related Documents?

    To obtain electronic copies of this document, and certain other 
related documents that are available electronically, please visit 
http://www.epa.gov/epawaste/basicinfo.htm.

II. Background

A. What Action Is the Agency Taking?

    In recent years, EPA has been increasing its focus on resource 
conservation and materials management. It is expected that this will 
continue; thus, the new organization increases emphasis on this 
important aspect of the RCRA program, while maintaining a strong waste 
management regulatory and implementation program.
    The reorganization consolidates operations from six to three 
divisions and adds a program management staff to the Immediate Office. 
The reorganization creates a more efficient structure, consistent with 
current Office priorities.
    The reorganization consolidates complementary functions in order to 
achieve efficiencies in operations. The reorganization:

--Consolidates the four major areas of the Resource Conservation 
Challenge (RCC) under one division;
--Combines data collection and data analysis activities thus 
streamlining operations to better coordinate efforts to analyze and 
present the benefits of the RCRA program; and
--Consolidates waste-to-energy activities in one division and branch.

    The three divisions in the new organization are: The Materials 
Recovery and Waste Management Division; the Resource Conservation and 
Sustainability Division; and, the Program Implementation and 
Information Division.
    In addition to announcing the reorganization, EPA is amending the 
Code of Federal Regulations to reflect the new name of the Office of 
Solid Waste.

B. What Is the Agency's Authority for Taking This Action?

    EPA is issuing this document under its general rulemaking 
authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.).
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(A), provides that ``rules of agency organization, procedure, 
or practice'' are exempt from notice and comment requirements. 
Accordingly, EPA is not taking comment on this action.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review. Because this action is not subject to notice and 
comment requirements under the Administrative Procedures Act or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments. This 
action does not create new binding legal requirements that 
substantially and directly affect Tribes under Executive Order 13175 
(63 FR 67249, November 9, 2000). This action does not have significant 
Federalism implications under Executive Order 13132 (64 FR 43255, 
August 10, 1999). This action is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it 
is not a significant regulatory action under Executive Order 12866. 
This action does not involve technical standards; thus, the 
requirements of Section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The 
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that 
before certain actions may take effect, the agency promulgating the 
action must submit a report, which includes a copy of the action, to 
each House of the Congress and to the Comptroller General of the United 
States. Because this final action does not contain legally binding 
requirements, it is not subject to the Congressional Review Act.

List of Subjects

40 CFR Part 1

    Organization and functions.

40 CFR Part 40

    Grants administration.

40 CFR Part 63

    Environmental protection.

40 CFR Parts 260, 261, and 262

    Environmental protection, Hazardous waste.

40 CFR Part 266

    Environmental protection, Hazardous waste, Waste treatment and 
disposal.

40 CFR Part 271

    Environmental protection, Hazardous waste.

40 CFR Part 750

    Administrative practice and procedure.

40 CFR Part 761

    Environmental protection, Hazardous waste.

    Dated: May 26, 2009.
Barry N. Breen,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.

0
For the reasons set out in the preamble, title 40 Chapter I of the Code 
of Federal Regulations is amended as follows:

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  5 U.S.C. 552


0
2. Section 1.47 is amended by revising the paragraph heading and the 
first sentence in paragraph (b) to read as follows:


Sec.  1.47   Office of Solid Waste and Emergency Response.

* * * * *
    (b) Office of Resource Conservation and Recovery. The Office of 
Resource Conservation and Recovery, under the supervision of a 
Director, is responsible

[[Page 30230]]

for the solid and hazardous waste activities of the Agency. * * *
* * * * *

PART 40--RESEARCH AND DEMONSTRATION GRANTS

0
3. The authority citation for part 40 continues to read as follows:

    Authority:  7 U.S.C. 136 et seq.; 15 U.S.C. 2609 et seq.; 33 
U.S.C. 1254 et seq. and 1443; 42 U.S.C. 241 et seq., 300f et seq., 
1857 et seq., 1891 et seq., and 6901 et seq.


0
4. Section 40.135-1 is amended by revising paragraph (b) to read as 
follows:


Sec.  40.135-1  Preapplication coordination.

* * * * *
    (b) Applications for grants for demonstration projects funded by 
the Office of Resource Conservation and Recovery will be solicited 
through the Department of Commerce Business Daily, and selections will 
be made on a competitive basis.

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
5. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
6. Appendix D to part 63 is amended by revising Section 1. to read as 
follows:

Appendix D to Part 63--Alternative Validation Procedure for EPA Waste 
and Wastewater Methods

1. Applicability

    This procedure is to be applied exclusively to Environmental 
Protection Agency methods developed by the Office of Water and the 
Office of Resource Conservation and Recovery. Alternative methods 
developed by any other group or agency shall be validated according 
to the procedures in Sections 5.1 and 5.3 of Test Method 301, 40 CFR 
Part 63, Appendix A. For the purposes of this appendix, ``waste'' 
means waste and wastewater.
* * * * *

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

0
7. The authority citation for part 260 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 
6935, 6937, 6938, 6939, and 6974.


0
8. Section 260.21 is amended by revising paragraph (d) to read as 
follows:


Sec.  260.21  Petitions for equivalent testing or analytical methods.

* * * * *
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec.  260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, 
Washington, DC 20460.

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

0
9. The authority citation for part 261 continues to read as follows:


    Authority:  42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 
6938.


0
10. Appendix IX to part 261 is amended by revising entry (5) under 
Waste Description for Aptus, Inc. in Table 1 to read as follows:

Appendix IX to Part 261--Wastes Excluded Under Sections 260.20 and 
260.22

                               Table 1--Wastes Excluded From Non-Specific Sources
----------------------------------------------------------------------------------------------------------------
                Facility                            Address                        Waste description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Aptus, Inc..............................  * * *......................  (5) The test data from Conditions (1),
                                                                        (2), (3), and (4) must be kept on file
                                                                        by Aptus for inspection purposes and
                                                                        must be compiled, summarized, and
                                                                        submitted to the Director for the
                                                                        Materials Recovery and Waste Management
                                                                        Division, Office of Resource
                                                                        Conservation and Recovery, by certified
                                                                        mail on a monthly basis and when the
                                                                        treatment of the cancelled pesticides
                                                                        and related materials is concluded. The
                                                                        testing requirements for Conditions (2),
                                                                        (3), and (4) will continue until Aptus
                                                                        provides the Director with the results
                                                                        of four consecutive batch analyses for
                                                                        the petitioned wastes, none of which
                                                                        exceed the maximum allowable levels
                                                                        listed in these conditions and the
                                                                        Director notifies Aptus that the
                                                                        conditions have been lifted. All data
                                                                        submitted will be placed in the RCRA
                                                                        public docket.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

0
11. The authority citation for part 262 continues to read as follows:

    Authority:  42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.


0
12. Section 262.21 is amended by revising paragraphs (a)(1), (b) 
introductory text, (b)(8), (h)(1), and (h)(2) to read as follows:


Sec.  262.21  Manifest tracking numbers, manifest printing, and 
obtaining manifest.

    (a)(1) A registrant may not print, or have printed, the manifest 
for use of distribution unless it has received approval from the EPA 
Director of the Office of Resource Conservation and Recovery to do so 
under paragraphs (c) and (e) of this section.
* * * * *
    (b) A registrant must submit an initial application to the EPA 
Director of the Office of Resource Conservation and Recovery that 
contains the following information:
* * * * *
    (8) A signed certification by a duly authorized employee of the 
registrant that the organizations and companies in its application will 
comply with the procedures of its approved application and the 
requirements of this section and that it will notify the EPA Director 
of the Office of Resource Conservation and Recovery of any duplicated 
manifest tracking numbers on manifests that have been used or 
distributed to other parties as soon as this becomes known.
* * * * *
    (h)(1) If an approved registrant would like to update any of the 
information provided in its application approved

[[Page 30231]]

under paragraph (c) of this section (e.g., to update a company phone 
number or name of contact person), the registrant must revise the 
application and submit it to the EPA Director of the Office of Resource 
Conservation and Recovery, along with an indication or explanation of 
the update, as soon as practicable after the change occurs. The Agency 
either will approve or deny the revision. If the Agency denies the 
revision, it will explain the reasons for the denial, and it will 
contact the registrant and request further modification before 
approval.
    (2) If the registrant would like a new tracking number suffix, the 
registrant must submit a proposed suffix to the EPA Director of the 
Office of Resource Conservation and Recovery, along with the reason for 
requesting it. The Agency will either approve the suffix or deny the 
suffix and provide an explanation why it is not acceptable.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

0
13. The authority citation for part 266 continues to read as follows:

    Authority:  42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.


0
14. Appendix IX to Part 266 is amended by revising Section 7.3 to read 
as follows:

Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
Regulations

* * * * *

7.3 Normal Distribution Assumption

    As noted in Section 7.2 above, this statistical approach (use of 
the upper tolerance limit) for calculation of the concentration in 
normal residue is based on the assumption that the concentration 
data are distributed normally. The Agency is aware that 
concentration data of this type may not always be distributed 
normally, particularly when concentrations are near the detection 
limits. There are a number of procedures that can be used to test 
the distribution of a data set. For example, the Shapiro-Wilk test, 
examination of a histogram or plot of the data on normal probability 
paper, and examination of the coefficient of skewness are methods 
that may be applicable, depending on the nature of the data 
(References 1 and 2).
    If the concentration data are not adequately represented by a 
normal distribution, the data may be transformed to attain a near 
normal distribution. The Agency has found that concentration data, 
especially when near detection levels, often exhibit a lognormal 
distribution. The assumption of a lognormal distribution has been 
used in various programs at EPA, such as in the Office of Resource 
Conservation and Recovery Land Disposal Restrictions program for 
determination of BDAT treatment standards. The transformed data may 
be tested for normality using the procedures identified above. If 
the transformed data are better represented by a normal distribution 
than the untransformed data, the transformed data should be used in 
determining the upper tolerance limit using the procedures in 
Section 7.2 above.
    In all cases where the owner or operator wishes to use other 
than an assumption of normally distributed data or believes that use 
of an alternate statistical approach is appropriate to the specific 
data set, he/she must provide supporting rationale in the operating 
record that demonstrates that the data treatment is based upon sound 
statistical practice.
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE 
PROGRAMS

0
15. The authority citation for part 271 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), and 6926.


0
16. Section 271.1 is amended by revising the entry for ``Office of 
Solid Waste Burden Reduction Project'' in Table 1 to read as follows:


Sec.  271.1  Purpose and scope.

* * * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
         Promulgation date              Title of regulation     Federal Register reference     Effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
May 4, 2006.......................  Office of Resource          71 FR 16862-16915.........  May 4, 2006.
                                     Conservation and Recovery
                                     Burden Reduction Project.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
17. Section 271.21 is amended by revising the entry for ``Office of 
Solid Waste Testing and Monitoring Activities, Methods Innovation 
Rule'' in Table 1 to read as follows:


Sec.  271.21  Procedures for revision of State programs.

* * * * *

                        Table 1 to Sec.   271.21
------------------------------------------------------------------------
                                                      Federal Register
      Title of regulation       Promulgation date        reference
------------------------------------------------------------------------
 
                              * * * * * * *
Office of Resource              July 14, 2005....  70 FR 34538, June 14,
 Conservation and Recovery                          2005.
 Testing and Monitoring
 Activities, Methods
 Innovation Rule.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 30232]]

PART 750--PROCEDURES FOR RULEMAKING UNDER SECTION 6 OF THE TOXIC 
SUBSTANCES CONTROL ACT

0
18. The authority citation for part 750 continues to read as follows:

    Authority:  15 U.S.C. 2605.


0
19. Section 750.11 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  750.11  Filing of petitions for exemption.

* * * * *
    (b) * * *
    (2) PCB disposal, which includes cleanup, storage for disposal, 
processing related to disposal, distribution in commerce related to 
disposal or processing for disposal, and decontamination, must be 
submitted to: Document Control Officer, Office of Resource Conservation 
and Recovery (5305P), Environmental Protection Agency, 1200 
Pennsylvania, NW., Washington, DC 20460-0001.
* * * * *

0
20. Section 750.31 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  750.31  Filing of petitions for exemption.

* * * * *
    (b) * * *
    (2) PCB disposal, which includes cleanup, storage for disposal, 
processing related to disposal, distribution in commerce related to 
disposal or processing for disposal, and decontamination, must be 
submitted to: Document Control Officer, Office of Resource Conservation 
and Recovery (5305P), Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0001.
* * * * *

PART 761--POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, 
PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS

0
21. The authority citation for part 761 continues to read as follows:


    Authority:  15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

0
22. Section 761.60 is amended by revising paragraph (e) to read as 
follows:


Sec.  761.60  Disposal requirements.

* * * * *
    (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 the 
Regional Administrator or the Director, Office of Resource Conservation 
and Recovery, 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, Office of Resource Conservation and Recovery, 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, EPA may, 
in its discretion, approve the use of the alternate method if it finds 
that the alternate disposal method provides PCB destruction equivalent 
to disposal in a Sec.  761.60 incinerator or a Sec.  761.61 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 EPA 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.
* * * * *
0
23. Section 761.61 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  761.61  PCB remediation waste.

* * * * *
    (c) * * * (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 
Regional Administrator in the Region where the sampling, cleanup, 
disposal, or storage site is located, for sampling, cleanup, disposal, 
or storage occurring in a single EPA Region; or to the Director, Office 
of Resource Conservation and Recovery, for sampling, cleanup, disposal, 
or storage occurring in more than one EPA Region. Each application must 
include information described in the notification required by paragraph 
(a)(3) of this section. 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.
* * * * *
0
24. Section 761.62 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  761.62  Disposal of PCB bulk product waste.

* * * * *
    (c) * * * (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 Regional 
Administrator in the Region where the sampling, disposal, or storage 
site is located, for sampling, disposal, or storage occurring in a 
single EPA Region; or to the Director, Office of Resource Conservation 
and Recovery, for sampling, disposal, or storage occurring in more than 
one EPA Region. Each application must contain information indicating 
that, based on technical, environmental, or waste-specific 
characteristics or considerations, the proposed sampling, disposal, or 
storage methods or locations will not pose an unreasonable risk or 
injury to health or the environment. EPA may request other information 
that it believes necessary to evaluate the application. No person may 
conduct sampling, disposal, or storage activities under this paragraph 
prior to obtaining written approval by EPA.
* * * * *

0
25. Section 761.65 is amended as follows:
0
a. By revising paragraph (d)(8).
0
b. By revising paragraph (e)(4) introductory text.
0
c. By revising paragraph (e)(6)(i).
0
d. By revising paragraph (e)(8),
0
e. By revising paragraph (g)(1)(ii).


Sec.  761.65  Storage for disposal.

* * * * *
    (d) * * *
    (8) The approval of any existing TSCA-approved disposal facility 
ancillary to a commercial storage facility that is deficient in any of 
the conditions of paragraph (d)(7)(i) through (d)(7)(v) of this section 
shall be called in by the Regional Administrator (or the appropriated 
official at EPA Headquarters, if approval was granted

[[Page 30233]]

by an official at EPA Headquarters). The approval shall be modified to 
meet the requirements of paragraph (d)(7) of this section within 180 
days of the effective date of this final rule, or a separate 
application for approval of the storage facility may be submitted to 
the Regional Administrator or the Director, Office of Resource 
Conservation and Recovery, in the cases where an official at EPA 
Headquarters issued the approval.
* * * * *
    (e) * * *
    (4) The commercial storer of PCB waste shall submit a written 
request to the Regional Administrator (or the Director, Office of 
Resource Conservation and Recovery, if an official at EPA Headquarters 
approved the closure plan) for a modification to its storage approval 
to amend its closure plan, whenever:
* * * * *
    (6) * * *
    (i) The commercial storer shall notify in writing the Regional 
Administrator or the Director, Office of Resource Conservation and 
Recovery, if an official at EPA Headquarters approved the closure plan, 
at least 60 days prior to the date on which final closure of its PCB 
storage facility is expected to begin.
* * * * *
    (8) Within 60 days of completion of closure of each facility for 
the storage of PCB waste, the commercial storer of PCB waste shall 
submit to the Regional Administrator (or the Director, Office of 
Resource Conservation and Recovery, if an official at EPA Headquarters 
approved the closure plan), by registered mail, a certification that 
the PCB storage facility has been closed in accordance with the 
approved closure plan. The certification shall be signed by the owner 
or operator and by an independent registered professional engineer.
* * * * *
    (g) * * *
    (1) * * *
    (ii) For a new facility, the first payment into the closure trust 
fund shall be made before EPA grants final approval of the application 
and before the facility may accept the initial shipment of PCB waste 
for commercial storage. A receipt from the trustee shall be submitted 
by the owner or operator to the Regional Administrator (or the 
Director, Office of Resource Conservation and Recovery, if the 
commercial storage area is ancillary to a disposal facility approved by 
an official at EPA Headquarters) before this initial delivery of PCB 
waste. The first payment shall be at least equal to the current closure 
cost estimate, divided by the number of years in the pay-in period, 
except as provided in paragraph (g)(7) of this section for multiple 
mechanisms. Subsequent payments shall be made no later than 30 days 
after each anniversary date of the first payment. The amount of each 
subsequent payment shall be determined by subtracting the current value 
of the trust fund from the current closure cost estimate, and dividing 
this difference by the number of years remaining in the pay-in period.
* * * * *

0
26. Section 761.70 is amended as follows:
0
a. By revising paragraph (a) introductory text.
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (d)(1) introductory text.
0
d. By revising paragraph (d)(2)(ii) introductory text.
0
e. By revising paragraph (d)(5).


Sec.  761.70  Incineration.

* * * * *
    (a) Liquid PCBs. An incinerator used for incinerating PCBs shall be 
approved by EPA pursuant to paragraph (d) of this section. Requests for 
approval of incinerators to be used in more than one region must be 
submitted to the Director, Office of Resource Conservation and 
Recovery, except for research and development involving less than 500 
pounds of PCB material (see Sec.  761.60(i)(2)). Requests for approval 
of incinerators to be used in only one region must be submitted to the 
appropriate Regional Administrator. The incinerator shall meet all of 
the requirements specified in paragraphs (a)(1) through (9) of this 
section, unless a waiver from these requirements is obtained pursuant 
to paragraph (d)(5) of this section, In addition, the incinerator shall 
meet any other requirements which may be prescribed pursuant to 
paragraph (d)(4) of this section.
* * * * *
    (b) Nonliquid PCBs. An incinerator used for incinerating nonliquid 
PCBs, PCB Articles, PCB Equipment, or PCB Containers shall be approved 
by EPA pursuant to paragraph (d) of this section. Requests for approval 
of incinerators to be used in more than one region must be submitted to 
the Director, Office of Resource Conservation and Recovery except for 
research and development involving less that 500 pounds of PCB material 
(see Sec.  761.60(i)(2)). Requests for approval of incinerators to be 
used in only one region must be submitted to the appropriate Regional 
Administrator. The incinerator shall meet all of the requirements 
specified in paragraphs (b)(1) and (2) of this section unless a waiver 
from these requirements is obtained pursuant to paragraph (d)(5) of 
this section. In addition, the incinerator shall meet any other 
requirements that may be prescribed pursuant to paragraph (d)(4) of 
this section.
* * * * *
    (d) * * *
    (1) Application. The owner or operator shall submit to the Regional 
Administrator or the Director, Office of Resource Conservation and 
Recovery an application which contains:
* * * * *
    (2) * * *
    (ii) If EPA determines that a trail burn must be held, the person 
who submitted the report described in paragraph (d)(1) of this section 
shall submit to the Regional Administrator or the Director, Office of 
Resource Conservation and Recovery a detailed plan for conducting and 
monitoring the trail burn. At a minimum, the plan must include:
* * * * *
    (5) Waivers. An owner or operator of the incinerator may submit 
evidence to the Regional Administrator or the Director, Office of 
Resource Conservation and Recovery that operation of the incinerator 
will not present an unreasonable risk of injury to health or the 
environment from PCBs, when one or more of the requirements of 
paragraphs (a) and/or (b) of this section are not met. On the basis of 
such evidence and any other available information, EPA may, in its 
discretion, find that any requirement of paragraphs (a) and (b) of this 
section is not necessary to protect against such a risk, and may waive 
the requirements in any approval for that incinerator. Any finding and 
waiver under this paragraph must be stated in writing and included as 
part of the approval.
* * * * *

0
27. Section 761.79 is amended by revising paragraphs (h)(1), (h)(2), 
and (h)(3) to read as follows:


Sec.  761.79  Decontamination standards and procedures.

* * * * *
    (h) * * *
    (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 Regional 
Administrator in the Region where the activity would take place, for 
decontamination activity occurring in a single EPA Region; or to the 
Director,

[[Page 30234]]

Office of Resource Conservation and Recovery, for decontamination 
activity occurring in more than one EPA Region. Each application must 
describe the material to be decontaminated and the proposed 
decontamination method, and must demonstrate that the proposed method 
is capable of decontaminating the material to the applicable level set 
out in paragraphs (b)(1) through (b)(4) of this section.
    (2) Any person wishing to decontaminate material described in 
paragraph (a) of this section using a self-implementing procedure other 
than prescribed in paragraph (c) of this section must apply in writing 
to the Regional Administrator in the Region where the activity would 
take place, for decontamination activity occurring in a single EPA 
Region; or to the Director, Office of Resource Conservation and 
Recovery, for decontamination activity occurring in more than one EPA 
Region. Each application must describe the material to be 
decontaminated and the proposed self-implementing decontamination 
method and must include a proposed validation study to confirm 
performance of the method.
    (3) Any person wishing to sample decontaminated material in a 
manner other than prescribed in paragraph (f) of this section must 
apply in writing to the Regional Administrator in the Region where the 
activity would take place, for decontamination activity occurring in a 
single EPA Region; or to the Director, Office of Resource Conservation 
and Recovery, for decontamination activity occurring in more than one 
EPA Region. Each application must contain a description of the material 
to be decontaminated, the nature and PCB concentration of the 
contaminating material (if known), the decontamination method, the 
proposed sampling procedure, and a justification for how the proposed 
sampling is equivalent to or more comprehensive than the sampling 
procedure required under paragraph (f) of this section.
* * * * *

0
28. Section 761.120 is amended as follows:
0
a. By revising paragraph (a)(3).
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (b)(2).
0
d. By revising paragraph (c).


Sec.  761.120  Scope.

    (a) * * *
    (3) For all other spills, EPA generally expects the decontamination 
standards of this policy to apply. Occasionally, some small percentage 
of spills covered by this policy may warrant more stringent cleanup 
requirements because of additional routes of exposure or significantly 
greater exposures than those assumed in developing the final cleanup 
standards of this policy. While the EPA regional offices have the 
authority to require additional cleanup in these circumstances, the 
Regional Administrator must first make a finding based on the specific 
facts of a spill that additional cleanup must occur to prevent 
unreasonable risk. In addition, before a final decision is made to 
require additional cleanup, the Regional Administrator must notify the 
Director, Office of Resource Conservation and Recovery of his/her 
finding and the basis for the finding.
* * * * *
    (b) Spills that may require more stringent cleanup levels. For 
spills within the scope of this policy, EPA generally retains, under 
Sec.  761.135, the authority to require additional cleanup upon finding 
that, despite good faith efforts by the responsible party, the 
numerical decontamination levels in the policy have not been met. In 
addition, EPA foresees the possibility of exceptional spill situations 
in which site-specific risk factors may warrant additional cleanup to 
more stringent numerical decontamination levels than are required by 
the policy. In these situations, the Regional Administrator has the 
authority to require cleanup to levels lower than those included in 
this policy upon finding that further cleanup must occur to prevent 
unreasonable risk. The Regional Administrator will consult with the 
Director, Office of Resource Conservation and Recovery, prior to making 
such a finding.
* * * * *
    (2) In those situations, the Regional Administrator may require 
cleanup in addition to that required under Sec.  761.125(b) and (c). 
However, the Regional Administrator must first make a finding, based on 
the specific facts of a spill, that additional cleanup is necessary to 
prevent unreasonable risk. In addition, before making a final decision 
on additional cleanup, the Regional Administrator must notify the 
Director, Office of Resource Conservation and Recovery of his finding 
and the basis for the finding.
    (c) Flexibility to allow less stringent or alternative 
requirements. EPA retains the flexibility to allow less stringent or 
alternative decontamination measures based upon site-specific 
considerations. EPA will exercise this flexibility if the responsible 
party demonstrates that cleanup to the numerical decontamination levels 
is clearly unwarranted because of risk-mitigating factors, that 
compliance with the procedural requirements or numerical standards in 
the policy is impracticable at a particular site, or that site-specific 
characteristics make the costs of cleanup prohibitive. The Regional 
Administrator will notify the Director, Office of Resource Conservation 
and Recovery of any decision and the basis for the decision to allow 
less stringent cleanup. The purpose of this notification is to enable 
the Director, Office of Resource Conservation and Recovery to ensure 
consistency of spill cleanup standards under special circumstances 
across the regions.
* * * * *

0
29. Section 761.130 is amended by revising paragraph (e) to read as 
follows:


Sec.  761.130  Sampling requirements.

* * * * *
    (e) EPA recommends the use of a sampling scheme developed by the 
Midwest Research Institute (MRI) for use in enforcement inspections: 
``Verification of PCB Spill Cleanup by Sampling and Analysis.'' 
Guidance for the use of this sampling scheme is available in the MRI 
report ``Field Manual for Grid Sampling of PCB Spill Sites to Verify 
Cleanup.'' Both the MRI sampling scheme and the guidance document are 
available on EPA's PCB Web site at http://www.epa.gov/pcb, or from the 
Program Management, Communications, and Analysis Office, Office of 
Resource Conservation and Recovery (5305P), 1200 Pennsylvania Ave., 
NW., Washington, DC 20460-0001. The major advantage of this sampling 
scheme is that it is designed to characterize the degree of 
contamination within the entire sampling area with a high degree of 
confidence while using fewer samples than any other grid or random 
sampling scheme. This sampling scheme also allows some sites to be 
characterized on the basis of composite samples.
* * * * *

0
30. Section 761.205 is amended by revising paragraphs (a)(3) and (d) to 
read as follows:


Sec.  761.205  Notification of PCB waste activity (EPA Form 7710-53).

    (a) * * *
    (3) Any person required to notify EPA under this section shall file 
with EPA Form 7710-53. Copies of EPA Form 7710-53 are available on 
EPA's Web site at http://www.epa.gov/pcb, or from the Program 
Management, Communications, and Analysis Office, Office of Resource 
Conservation and Recovery (5305P), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington,

[[Page 30235]]

DC 20460-0001. Descriptive information and instructions for filling in 
the form are included in paragraphs (a)(4)(i) through (vii) of this 
section.
* * * * *
    (d) Persons required to notify under this section shall file EPA 
Form 7710-53 with EPA by mailing the form to the following address: 
Document Control Officer, Office of Resource Conservation and Recovery 
(5305P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.
* * * * *

0
31. Section 761.243 is amended by revising paragraph (a) to read as 
follows:


Sec.  761.243  Standard wipe sample method and size.

    (a) Collect a surface sample from a natural gas pipe segment or 
pipeline section using a standard wipe test as defined in 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 on EPA's Web site at http://www.epa.gov/pcb, or 
from the Program Management, Communications, and Analysis Office, 
Office of Resource Conservation and Recovery (5305P), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
* * * * *

0
32. Section 761.386 is amended by revising paragraph (e) to read as 
follows:


Sec.  761.386  Required experimental conditions for the validation 
study and subsequent use during decontamination.

* * * * *
    (e) Confirmatory sampling for the validation study. Select surface 
sample locations using representative sampling or a census. Sample a 
minimum area of 100 cm\2\ 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 on EPA's Web site at http://www.epa.gov/pcb, or 
from the Program Management, Communications, and Analysis Office, 
Office of Resource Conservation and Recovery (5305P), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
* * * * *
0
33. Section 761.398 is amended by revising paragraph (a) to read as 
follows:


Sec.  761.398  Reporting and recordkeeping.

    (a) Submit validation study results to the Director, Office of 
Resource Conservation and Recovery (5301P), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, 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, EPA will confirm the use 
of validated new decontamination solvents and publish the new solvents 
and validated decontamination procedures in the Federal Register.
* * * * *
[FR Doc. E9-14859 Filed 6-24-09; 8:45 am]
BILLING CODE 6560-50-P


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